The meeting was called to order at 7:45 P.M.

Outgoing

The Public Hearing was opened at 8:10 P.M.

The abutter's list was read. Present: James Lavelle associates.

This proposal will swap equal areas of 6,093 square feet, which puts the lot line more in line with the way the houses are constructed on both lots and puts it more in line with the line of occupation. This Lot Line Adjustment is primarily aesthetic. The lots size and frontage will remain the same.

Mr. Keach stated that this is eligible for an expedited review. Review of the Town Engineer's letter:

Planning/Design Matters: #2 As depicted on the project plans, a portion of Walker Road encroaches on Lot 7-171. In order to "legitimize" this encroachment it is recommended a general highway easement be depicted and define (by metes and bounds) on the final plat; and be conveyed to the Town by an easement deed, which should be recorded together with the final plat.

Mr. Lavelle did not feel his client would object to this but wanted to discuss it with him to confirm.

Mr. Earley made a motion to approve the Application of Donald & Judith Delorie for Approval of a Lot Line Adjustment between Donald & Judith Delorie, 21 Christine Drive, Map 7, Lot 171 and Walter & Joanne Jarosz, 6 Walker Road, Map 7, Lot 172 for an adjustment of equal amount of land as shown on Parcel "A" & "B" (.14A) on Plan dated 6/3/04, TR2 Zone with the following condition: That theTown Engineer's recommendation in his review letter dated 9/15/04, Planning/Design Matters #2 creation of an easement deed for the roadway encroachment be completed. Mr. Fletcher seconded the motion. Motion approved unanimously.

The hearing was closed at 8:20 P.M.

The next hearing was opened at 8:21 P.M.

James M. Lavelle Associates for David Mersereau submission of an Application for Formal Consideration and Approval of proposed Site Plan for an 8,860 sq.ft. 1 story commercial storage building for automobiles on property located on Commerce Drive, Map 20, Lot 43, CI Zone.

The abutter's list was read. Present: James Lavelle Associates

The application is signed by the builder John Santos and the owner, Mr. Merserau. The letter of intent was read. Parcel is 1.27 acres. Site will be used to house a private collection of cars (20+/-). There is an office area and a bathroom. There will be no employees, no hours of operation and no signs. Other than the owner vehicle the only other vehicle accessing the site will be a truck with a flat bed for transporting the collection. The only state approval required will be DES Septic Approval which has been received.

Mr. Lavelle presented a drawing of the proposed building and reported that there is a glass garage door and that cars will be on display inside. There will be no outside storage.

The Town Engineer's Letter was reviewed.

Planning/Design Matters: #5. Regarding the "truck with a flatbed", it is assumed that the truck will need to enter and depart from the site after loading and unloading vehicles. Based on the Town Engineer's review it is not obvious that a vehicle of this size could make these movements on this site given the geometry of the driveway and paved/gravel yard areas. Given the land area available, a design, which necessitates a vehicle "backing" onto a public street, cannot be supported. All other items are minor.

Mr. Lavelle agreed with the Town Engineer about the access for the flat bed truck and will make the necessary changes to accommodate the truck. It was recommended that notes should be added such as, 'no repairs on the premises' and that 'it is not a working garage'. There were no floor drains noted on the plan or the septic design but a floor drain is shown on the drawing. Mr. Lavelle will check to see if the drain is necessary and if the cars will be washed inside. An additional state permit may be needed in this case.

It was the consensus of the Board that the plan is not ready to be taken under jurisdiction. Mr. Lavelle will make the necessary changes and additions and submit the plan to all Department Heads for their review.

The hearing was closed at 8:35 P.M.

The discussion was opened at 8:38 P.M. Mr. Morse stepped off the Board.

Peter Lewis presented a Draft: For Discussion Purposes only on Proposed Amendment to Section 620:10 Alternative Housing Designs for Age Restricted "Rural Residential and Recreational Cluster Developments".

The amount of acreage and how it is distributed and density issues were discussed. Ms. Killam stated that she would like to see how the structure at the proposed height would look against the landscape with the 400' setback. Mr. Lewis will provide a computer image for the Board to see. Discussion continued on the amount of units and the density calculations in the acreage provided.

Ms. Killam reminded the Board that the discussion should be on Zoning and not the project. Section 620 was reviewed and Ms. Killam suggested that the Board become familiar with this section. This is the section that will be affected by the proposed zoning changes and/or additions. Ms. Killam also reminded the Board that, if the proposed zoning changes are approved, all the other sections of zoning that will be affected need to be adjusted as well. Ms. Killam read Section 20:2 and asked if we have complied with that paragraph and if the metes and bounds are described.

Ms. Killam asked about the ownership of the open space. Mr. Lewis stated that the Condominium Association would own the open space. This will include anything that isn't residential.

Discussion continued on the wording in the "SCR" Zone -'Age Restricted Rural Residential and Recreational Cluster Development' and it was noted that the wording in the Zoning Book should be the same. Section Z50 was read. Ms. Killam read an Article she had regarding 'Age Restrictive Housing'. A discussion on what 'age restrictive' would be followed. There are projects where all residents must be 62 or older and there are other projects that target residents that are 55 and older in which 80% must be occupied by at least one age qualified resident. The article does not specify what the other residents could be. Ms. Killam felt that this should be clearly determined. Mr. Lewis' attorney will provide wording by State regulation on this. Mr. Keach noted that there are some exemptions such as residents that are caregivers. Ms. Killam felt that the Board should understand it and let the regulations reflect what is correct. A census must be done and followed up on and the condominium documents should clearly reflect all restrictions. Ms. Killam stated that what is being proposed does not clearly reflect adequately the law as it stands. Mr. Morse stated that the way it is written at this time is that one resident in each unit must be 55. This would not work based on state regulations. Ms. Killam noted that what we don't want is one person 55 and another 8. Mr. Lewis suggested that one resident could be 55 and the other 55 in 2 years.

Ms. Killam asked the Planning Board to work at understanding the potential impact of projects such as this on town services. Included should be Impacts on fire, police, rescue, traffic flow, etc. Ms. Killam also suggested there should be something written in the regulations as to phasing in that many units.

Mr. Earley asked Mr. Lewis what his time frame is and this was discussed briefly. Section 620:10 was discussed. Mr. Keach suggested that this could be set up so that alternative housing could result in the issuance of a Conditional Use Permit. You can have areas such as town services, which would require fiscal neutrality. RSA 674:21 was referenced. The question of 'Impact Fees' was discussed. Mr. Keach noted that a ' Fiscal Impact Analyses could be required before a Conditional Use Permit is issued. Ms. Killam asked how the town could collect impact fees. Mr. Keach referred to Senate Bill 414 which takes effect June 17, 2005. Ms. Killam felt the town would welcome residents over 55 but noted that it may not be for free.

Ms. Killam stated that when she looks at 1600 bedrooms she sees 1600 people over the age of 55, many of whom will be in there 60's and 70's and what impact will this have on our rescue equipment. This would severely change the level of response required. Mr. Keach gave the Board examples of how a 'Conditional Use Permit' would be used. Mr. Lewis will submit a draft of the Condominium Documents as soon as he can.

Ms. Killam asked the Board to come prepared to review and discuss the issues brought up at this discussion at the next Workshop Meeting on October 6^th.

The discussion was continued to October 6, 2004.

The discussion was closed at 9:33 P.M. Mr. Morse returned to the Board.

APPROVAL OF MINUTES - 7/21/04 & 8/18/04

The minutes of July 21, 2004 were reviewed.

The minutes of August 18, 2004 were reviewed.

The meeting was adjourned at 9:39 P.M. Next scheduled Planning Board Meeting October 6, 2004.

APPROVED_____________________ Respectfully submitted,

Carol Kater