Correspondence

Incoming

Home Business Application – Thomas Fisher, 54 Main Street, Map 4, Lot 13. The Board needs further information

Home Business Application – Roger Sherman, 23 Main Street, Map 5, Lot 9.

The Board needs further information

State of NH, Dept. of Safety, Division of MV re: Atkinson Autobody, 9A KipCam Road, Map 20, Lot 11.

Planning Board, Legal Notice for meeting of 11/19/03.

Duval & Associates dated 11/10/03 for Onmipoint Holdings and Signal Tower request for continuance to 12/10/03.

Outgoing

Peter Ashworth letter dated 10/21/03 re: Appeal of Administrative Decision of Code Enforcement Officer, 5 Leroy Avenue, Map 13, Lot 80 – Denial letter.

Randal Bing letter dated 10/21/03 re: Special Exception conversion approval for 13 Hemlock Shore Road, Map 22, Lot 90.

Beaumond & Campbell for Daniel Osborn Variance approval (septic to wetland) Hemlock Shore Drive, Map 22, Lot 57.

Zoning Board Legal Notice for meeting of 11/12/03.

New/Old Business Home Business Renewals

John Sinclair, 42 Salem Road, Map 2, Lot 3

The minutes of October 8, 2003 were reviewed with the following additions/corrections made;

Page 1, after "Kurt Meisner" add "Septic Designer".

Page 7, First paragraph, first sentence after "to show the", add " use predated".

Page 7, ¾ through the paragraph, after "that giving this" add "property".

Page 8, second paragraph, after "chain link fence" add "Mr. Polito asked Attorney Duval if his client had a chain link fence around the site. Attorney Duval stated that he did not believe there was a fence installed. Mr. Polito responded then Attorney Duval did know that his client was not in compliance with the Stipulation".

DISCUSSION:

Mr. Kirsch had questions and concerns regarding the definition of a "commercial" vehicle based on complaints he had gotten from a resident regarding the parking of certain vehicles in residential neighborhoods.

Mr. Polito stated that in the absence of a definition of a commercial vehicle, which the Town does not have, it becomes a judgment call using some common sense and then would become an appeal to the Zoning Board of Appeals if the resident did not believe the vehicle in question was considered "commercial". The Board cannot define zoning and state what they would or would not accept, except on an individual basis. Mr. Kirsch stated that the Board of Selectmen have informed him not to get involved unless there is a complaint lodged by someone. Mr. Polito did not agree that Mr. Kirsch should close his eyes until there was a complaint because that was selective zoning.

Mr. Kirsch also stated that some abutters to the first public hearing had complained that there was site work being done without the benefit of a site plan approval.

SFC Engineering Partnership, Inc. for Jeric Realty Trust request for time extension to obtain Planning Board approval of a previously approved (November 13, 2002) Variance from Article V, Section 510.1 of the Zoning Ordinance to permit the construction of a 6,000 sq.ft. Child Care Center as defined in Atkinson Zoning with a 75’₊ undisturbed buffer on property located on Route #111, Map 20, Lot 20-6, RR3 Zone.

The Abutters List was read with the following present: Representative for SFC Engineering

The representative from SFC Engineering explained that SFC had been working on the Derry portion of the project up to this point. They now have the town of Derry and state site plan approval. There has been construction going on all summer on three buildings in the Derry portion and they are now trying to get the golf course closed by the winter. The Atkinson portion has been on the back burner. They have been working on the site plan for the town of Atkinson and it is approximately 80% complete. Mr. Polito asked if the approved plans from Derry have been recorded. The representative stated they were back in April.

Sue Killam stated that the Planning Board usually signs off on the plan when it sits in two towns. Atkinson’s Planning Board has never seen what Derry has seen and she believed that was discourteous. She also believed that the piles of junk (rocks, loam, whatever) are also discourteous and that they have been dumped on the Atkinson side of the property without site plan approval allowing them to do this. Mr. Lewis stated that what goes on in the Derry portion has no bearing on the Atkinson portion and would see no reason why the Town would have to see a plan for the portion in Derry. Mrs. McGrath agreed that this was two different projects. The representative explained that the plan that went before the Derry did not show the project in Atkinson, but that the Atkinson was notified as an abutter when it was before Derry. Ms. Killam stated that she was concerned about the excavation on the Atkinson side.

Mr. Polito asked if anything was removed from Atkinson and the representative stated it was not. She explained that this is where they dump the dirt where they mix the loam. Mr. Polito did not believe this was a violation of 55E, which referred to the removal of natural deposits. Ms. Killam was not against the extension, but wanted the site to be cleaned up.

Mr. Polito thought that maybe the applicant should only be given a three-month extension. Mrs. McGrath did not feel this would be fair because three months would not be enough time to finish the site plan, go before the Planning Board and start construction. Mr. Lewis agreed.

Public Hearings – 8:20 P.M. – (Continued from October 8, 2003)

Tracy Morgan-Arnfield request for a Special Exception as specified in the Zoning Ordinance Article V, Section 460 to allow an Extended Family Living Unit to remain (constructed without benefit of building permit) on property owned by Lois Jones located at 53 Westside Drive, Map 11, Lot 24, TR2 Zone.

Ms. Morgan-Arnfield presented a color-coded plan to the Board depicting her actual living space and distinguishing it from that shared with her mother for access to the already existing laundry area. Mr. Polito and Howard both agreed that they measured the living space and it was less than 500 square feet.

Mr. Carter made a motion to approve the requesd as stated above based on all of the conditions having been reviewed at the last hearing and being met. Mr. Lewis seconded the motion and it was unanimously approved. Mr. Polito reminded Ms. Morgan-Arnfield that a deed restriction was required.

Dube Construction for Richard and Mary Joe Ray request for a Variance from Article IV, Section 410:8 of the Zoning Ordinance to permit construction of a 9’x18’ open deck with stairs 37’ from wetlands (variance of 63’) as opposed to the required 100’ on property located at 58 Summit Drive, Map 7, Lot 148, TR2 Zone.

The Abutters List was read with the following present: Mr. Richard Ray, Dube Construction.

Mr. Dube explained that Mr. and Mrs. Ray wanted to expand their deck. Mr. Dube presented a plan to the Board. They are actually adding to an existing 4’ wide deck. Mr. Polito asked if this were just a deck with no roof or storage. Mr. Dube stated that was correct. They did not know the value of the wetlands, but stated that is all trees.

The Board reviewed the criterion:

Based on the discussion and presentation the Board agreed this was met.

Based on the discussion and presentation the Board agreed this was met.

a) Based on the discussion and presentation the Board agreed this was met.

b) The house is already in the 100" buffer. Based on the discussion and presentation the Board

agreed this was met.

c) Based on the discussion and presentation the Board agreed this was met

Based on the discussion and presentation the Board agreed this was met.

Based on the discussion and presentation the Board agreed this was met.

Mr. Friel made a motion to approve the construction of a 9’ x 18’ open deck, 37’ from wetlands based on all of the criteria having been met. The deck will remain open in perpetuity and there shall be no storage underneath. Mr. Carter seconded the motion and it was unanimously approved.

Omnipoint Holdings, Inc. d/b/a T-Mobile request for a Special Exception Permit as specified in the Zoning Ordinance Article VII, Section 700:1(a) to allow the addition of three T-Mobile Antennas and install Equipment Cabinets on a concrete pad (6’x8’) on property owned by Signal Tower, Inc. located at 10A High Hill Road, Map 18, Lot 14 RR2 Zone.

Omnipoint Holdings submitted a letter and requested to be continued for another month.

Minutes transcribed from tape Respectfully Submitted