Ms. Killam called the meeting to order at 7:40 P.M.

Ms. Killam announced that Vic Richards, Town Manager had passed away. The temporary Town Manager is Russell McAlister.

Workshop Meeting was opened at 8:11 P.M.

Attorney Campbell is representing Mr. & Mrs. Hammond of 15 Carriage Chase Lane, Map 9, Lot 62-11. The Carriage Chase subdivision was approved in January 1996 with some conditions. There were issues involving this approval which delayed the final signing of the plans until July 1999 when the plan was recorded. The Carriage Chase project was brought in under Section 600 of the Zoning Ordinance. At the time of approval the provisions of the cluster language under Section 600:11, Buffer Requirements, required an undisturbed buffer area of 100' from adjoining lot lines within the cluster area. When the plans were approved the buffer did not show on any of the plans. Note 14 states that sites 99 through 119 will have deed restrictions limiting what is allowed in the buffer. Attorney Campbell noted that there are no lots numbered 99 through 119 actually shown on the plan but he assumed that it covers all of the lots in this cluster area.

In 2001, with the Planning Board's approval, the Zoning Ordinance was revised to reduce the setback from 100' to 50'. Mr. Hammond, the owner of the property, is considering installing an in ground pool. He would meet the present 50' cluster setback but would not meet the 100' cluster setback that existed in 1999 when the plan was approved. Attorney Campbell has done a deed search of the property and none of the deeds have any restrictive language in them and no restrictive covenants were found.

This was before the last Board of Adjustment meeting on an appeal of an administrative decision. The Building Inspector declined to issue a building permit based on Note 14. The Zoning Board of Adjustment denied this request stating that their appropriate relief was before the Planning Board. They determined that the Planning Board has provisions in Section 600:22, which provide for amendments to cluster plans and allows the owner to apply to the Planning Board for minor or major changes to a cluster plan. A Public Hearing may be held with proper notification of all abutters.

Attorney Campbell intends to file a request for a minor change to the cluster asking that Note 14 be amended from the 100' setback to the 50' setback on the assumption that the zoning has already been reduced to 50'.

Ms. Killam read the Zoning Board minutes and felt that the chairman determined that the relief is to amend the cluster subdivision. Ms. Killam asked if this relief was requested who would be the applicant. Attorney Campbell stated that there are other neighbors in the subdivision who would not be adverse to change but the intention would be to apply as the attorney for Mr. & Mrs. Hammond as the lot owner. Many of the lots do not have this buffer because they have an open space buffer lot behind them. Mr. DiMaggio noted that the provisions under Section 600:22 is to amend the whole subdivision but could not see why a single owner could not apply. Discussion followed on the possibility of a variance but Attorney Campbell did not know what he would be asking for a variance from. Mr. DiMaggio noted that there is a built in 50' buffer in future subdivisions by regulation. Mr. Earley expressed concern with the tightness of the subdivision.

Attorney Campbell will prepare an abutter list to include everyone in the subdivision and all surrounding abutters. Notification of a Public Hearing is needed by August 3, 2004.

The Conceptual Discussion was closed at 8:36 P.M.

The next discussion was opened at 8:38 P.M.

Discussion - Conservation Commission - Scott Kukshtel - Proposed Wetland Zoning Changes.

Mr. Kukshtel stated that, in the revised Proposed Wetland Zoning Changes, he deleted all references to 'vernal pool' and took out the definition of 'Passive Recreation' (see pg. 3 of document). Vernal Pools will be included in the Wetlands Definition and will need to be determined by a wetland scientist. All references to 'Prime Wetlands' were deleted at this time because no 'Prime Wet lands' have been designated. The Conservation Commission felt that if, in the future, a prime wetland is designated the proposed ordinance can be amended.

Mr. Kukshtel felt that we are getting close to a final draft to send to the voters. There was discussion at the last Conservation Commission meeting about how to educate the public should the Planning Board approve the Article. One idea was an information sheet on how this ordinance is better than the old one, and that it strikes a balance in that it is less restrictive in some areas and more restrictive in others.

Ms. Killam asked the Board to take the revised document home to read and it will be on the agenda for the next meeting. The Conservation Commission is in favor of this Proposed Article as presented.

The discussion was closed at 8:50 P.M.

The next discussion was opened at 8:52 P.M.

Section 674:2 Master Plan Purpose and Descriptions. The state recommends that the Master Plan is updated every five to ten years and Ms. Killam suggested that the Board start thinking about this. The Master Plan was last revised in 1998.

Ms. Killam referred to the discussion at the last meeting regarding the Atkinson Country Club/Golf Course and asked about a proposed change to zoning. The Master Plan is put together by the Planning Board and a group of citizens. The first section of the Master Plan is where we describe what the citizens have for a 'vision' of the community. Ms. Killam read the 'vision statement' in the Master Plan and noted that every time the Planning Board decides to propose a piece of zoning legislation it should be driven by this 'Vision Statement'. It is clear in the Master Plan that the residents want the town to maintain its 'rural character'. It states that Atkinson residents place significant value on the preservation of the rural character of the town shown by the results of all four surveys conducted over the past 18 years. Other important issues were the maintenance of open space and preservation of wetlands. Ms. Killam reminded the Board that this is where it gets its direction. She asked the Board to review the Master Plan before we leap into any major legislation. If it isn't supported by the Master Plan the Board should not approve it.

Ms. Killam asked for volunteers to work on updating the Master Plan. Mr. Kukshtel suggested that, while the Wetland Ordinance is being reviewed, the Board look at the 'Natural Resources' chapter. The last page is all recommendations. Other areas of interest would be 'Existing and Future Land Use'. It was suggested that Section 674 - Duties of the Planning Board be reviewed as well, Section 674:16,17 and18 specifically. This is to regulate and restrict the height and number of stories of buildings and other structures.

Discussion continued on the proposed zoning changes to the Atkinson Country Club as it relates to the Master Plan. Mr. DiMaggio felt that the public has to make the decision by petition if the Planning Board does not submit the zoning amendments. Mr. DiMaggio agreed that what is being proposed was unexpected and took the Board by surprise noting that a 32unit building is not a vision that he ever had for Atkinson. Mr. DiMaggio did not feel the Master Plan should be rewritten in advance of the country club and resort building out. Ms. Killam noted that the Master Plan must be worked on before work is done on the CIP.

Discussion followed on the number of units the proposed Country Club plan would involve and it was noted that there could be approximately 1500 units. Ms. Killam noted that they are talking about a change in building height. She referred to the new fire truck and asked Mr. Earley what the fire department feels is a reasonable building height in the future. Mr. Earley will talk to the Fire Chief to get some statistics. Mr. Earley added that the new truck is a truck with a ladder on it, it is not a true ladder truck that is seen in the cities. Discussion continued on the impact of services with the amount of people at this age level.

In reply to a question by Mr. Morse, Ms. Killam stated that you have a zoning ordinance and a project in mind, she questioned if millions of dollars should be put into a project that does not meet zoning. Mr. Peter Lewis stated that the existing golf course and the building didn't meet zoning when planned but the zoning was amended. He suggested that the Planning Board lacked vision because they were against the golf course and building from the beginning. Ms. Killam stated that the Board has no vision for Mr. Lewis or his parcel but that they have vision for the Town of Atkinson. Mr. Morse would like to come in for a preliminary meeting to discuss this. Ms. Killam stated that she received a request last month for the discussion of this mid-rise project. She stated that she was not aware of any proposed zoning change at that time. She told Mr. Lewis that he could come in for a conceptual discussion which is what developers do when they are not sure if their plan fits Atkinson zoning. Mr. DiMaggio added that potential zoning changes could come in at a Workshop Meeting.

Mr. Kukshtel suggested that Mr. Lewis come in to talk about zoning first and keep it separate from the project to make it easier for the Board to work through. Ms. Killam observed that in the case of the Wetland's Ordinance it has taken 2 years to get the zoning to where it could work for everyone.

Mr. Lewis stated that he was just trying to explain to the Board what he was proposing, it was not his intention to overwhelm the Board. Mr. Lewis added that he had to go to the voters to get the clubhouse approved and will do the same for this project if necessary. He stated that would rather have the Planning Board's support. Ms. Killam reminded Mr. Lewis that the plan has to make sense for the Town not for that map and lot. Mr. DiMaggio felt that compromise is a factor and it was agreed that there is a need for over fifty housing in Atkinson. Mr. Lewis stated that this would be on the ballot in March with or without the Planning Board's support.

The Board suggested that Mr. Lewis bring in pictures of similar developments as well as input from the town's fire department when he comes in for the conceptual discussion.

The discussion was closed at 9:36 P.M.

The minutes of May 19, 2004 were reviewed.

The Board should follow through on the recommendations recorded.

The minutes of June 16, 2004 were reviewed.

The meeting was adjourned at 9:50 P.M.

Next scheduled Planning Board meeting August 18, 2004.

APPROVED_______________________ Respectfully submitted,

Carol Kater