STRATHAM PLANNING BOARD

PUBLIC MEETING MINUTES

January 3, 2007

 

Agenda:            The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, January 3, 2007, at 7:00 p.m., at the Stratham Town Hall, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

 

Approval of Minutes:            December 6, 2006

 

Proposed Zoning Amendments:

 

Petition to Rezone Properties on Portsmouth Avenue to Bunker Hill Avenue:    

The petition is requesting the Town extend the General Commercial Zone on the eastern side of Portsmouth Avenue northward to the centerline of the intersection with Bunker Hill Avenue from it’s current Professional Residential Zone designation.  The district would be 800 feet in depth or follow closely the rear boundaries of the parcels affected.  Parcels affected include Map 9 Lots 10, 11, 12 and 13.

 

Signs:  To Amend Sections 2.1 Definitions and Section 7 Signs of Stratham Zoning Ordinance to address real-estate signs, contractor signs, snipe signs, yard sale signs, agricultural signs, and other off-site signage issues.  The amendment would restrict the off-site location of real-estate signage, would address other types of signage, and would provide for the enforcement of the ordinance and removal of any illegal signage.

 

Day-Care Facilities: To add a new Section 5.11 Day-Care Facilities to the Stratham Zoning Ordinance to address the location of Day-Care and Childcare facilities with the Town of Stratham.  The proposed ordinance will provide for certain requirements for the issuance of a special exception for the location and operation of a day-care facility within any residential zone and the Town Center.  The ordinance also limits the size of any childcare operation based upon NH State licensing requirements and provisions.

 

Revised Definition of Agriculture, Farm, Farming: To revise Section 2.1.6 Agriculture, Farm, Farming to more comply with NH RSA 21:34-a Farm, Agriculture, Farming.  The Planning Board has found that the current definition has not been conducive to the establishment of new farms or farming activities within Stratham.

 

Historic Review for Demolition: To add a new Section 16.5 Historic Demolition Delay To require that prior to any demolition of any home, barn or other structure, which is assumed to be over 50 years in age, be reviewed by the Heritage Commission prior to any issuance of a permit to demolish such structure.  The new section would provide for and expedited review with an extended review period for structures within the town, which were found to be historic, or of significant importance to the heritage of the community. 

 

 

 

Expansion of Industrial Zone

 

To amend the Official Zoning Map of the Town of Stratham to correctly show the boundaries of Map 2 Lot 30 and to add Map 2 Lot 26 to the Industrial Zone.

 

                        Expansion of Retirement Planned Community Zone

 

            To amend the Official Zoning Map of the Town of Stratham to add Map 2 Lots 25, 41, 42 and 43 to the Retirement Planned Community Zone.

 

New Business:

 

1.      Map 6 Lot 1 - Realty Acquisitions Retail Development by Nip Lot 3, LLC Exchange & CVS Drug. 6 Cottage Street, Pepperell, MA.  For the required review of all proposed signage for the new CVS drugstore.

 

2.      Map 7 Lot 38 – Pinewood Drive – by Dale & John Wood of 15 Brown Avenue.  Requesting a Conditional Use Permit to cross a wetland for a proposed gravel drive with parking area for recreational use.

 

                  Other:

 

Map 1 Lot 13-12 Nissan of Stratham, Request for 45 day Extension of Site Plan Approval & Lot Line Relocation (Map 1 Lot 13)

 

 

Members Present: Chair Janet Johnson; Jeffrey Hyland, Gordon Barker, Martin Wool, Bruno Federico, Mary Jane Werner, and Charles (Chuck) Grassie, Town Planner. 

 

Ms. Johnson said the Board had not read the December 6, 2006 meeting minute, so approval would be postponed until the next meeting.

 

Proposed Zoning Amendments:

 

Petition to Rezone Properties on Portsmouth Avenue to Bunker Hill Avenue:     The petition is requesting the Town extend the General Commercial Zone on the eastern side of Portsmouth Avenue northward to the centerline of the intersection with Bunker Hill Avenue from it’s current Professional Residential Zone designation.  The district would be 800 feet in depth or follow closely the rear boundaries of the parcels affected.  Parcels affected include Map 9 Lots 10, 11, 12   and 13.

 

Ms. Johnson read the description aloud.  Jim Cushman was present to speak in favor of this petition.  His family owns the property on the corner of Bunker Hill Avenue and Portsmouth Avenue.  He said that rezoning his property as well as the other two properties would increase the amount of commercial space in Town.  Mr. Grassie noted that an error occurred when the mapping was first done.  The Professional/Residential Zone extends through part of the Stratham Plaza property.  He said that the rezoning would correct that situation.  Mr. Grassie indicated that there are 64 signatures on the petition.  The petition, if approved, would place the Town Offices into the General Commercial Zone.  That would enable the Town to do something commercial with the property in the future.  He said that the Planning Board had also briefly discussed possibly rezoning the Town Office property to Professional/Residential to expand possible future uses.  Mr. Barker asked if the Frame Shop had signed the petition.  Mr. Grassie said they did not sign the petition.  The Frame Shop is currently in the Professional/Residential Zone.  Ms. Werner asked for clarification on which properties are affected by the petition.  The properties are: the Frame Shop, the Cushman property, the Police Station, the Town Offices, and a portion of Stratham Plaza.  There were discussions on: benefits to the Town; possible benefits to the property owners; definitions of the Professional/Residential and General Commercial Zones, and what both allow; and a suggestion to extend the zoning change to properties across the street.  Town Administrator Paul Deschaine informed the audience that this petition was presented to the Board.  He stated that the Board can only act on the petition that was presented to them.  He said that this petition will be on the Warrant, regardless of what the Board think, because that is the State law.  The only action the Board can take is to either recommend it or not recommend it. 

 

Several members of the audience spoke against recommending this petition.  Anne Sloan stated that two of the houses on the parcels they want to rezone are historical.  Building Inspector Terry Barnes informed everyone that he had received a Demolition Permit for the house on the corner of Portsmouth Avenue and Bunker Hill Avenue on December 22, 2006, which he will be issuing.  He said he has no reason, under the law, not to issue it.  Walter Smyk of 7 Bunker Hill Avenue (across Bunker Hill Avenue from the Cushman property) informed everyone that he and his wife had put it in their Trust that their property will go to the Town for a public park when they pass on.  He spoke against this petition.  Mr. Barker said it makes sense to extend the Commercial Zone, but felt it should be extended to the Stratham circle.  He also felt that the Board should look into some way of protecting any historical houses on properties that would be rezoned to commercial use.  Mr. Hyland agreed with Mr. Barker regarding protecting historical homes if properties are rezoned commercial.  Ms. Werner and Ms. Johnson were not in favor of this petition.  Mr. Wool said the main reason the parcels on along Portsmouth Avenue were zoned Professional/Residential was to buffer the then school (now Town Offices) property from the Commercial Zone.  He felt that the only benefit the Town would have from this rezoning would be when the Town Offices outgrew the present building.  At that time they might have a chance to sell the property for a better use.  Mr. Wool said he was not in favor of this petition.   Bob Goodrich, from the audience, spoke in favor of the rezoning.  Mark Sykas, from the audience, expressed a concern about additional traffic at the corner of Portsmouth Avenue and Bunker Hill Avenue.  Ms. Werner made a motion to not recommend the proposed petition to rezone Map 9 Lots 10, 11, 12   and 13 to General Commercial.  Mr. Wool seconded the motion, which passed unanimously.

 

Mr. Grassie noted that the Board had copies in their packets of comments from Town Attorney Lynn Morse regarding the proposed zoning changes discussed on the following pages.

 

Signs:  To Amend Sections 2.1 Definitions and Section 7 Signs of Stratham Zoning Ordinance to address real-estate signs, contractor signs, snipe signs, yard sale signs, agricultural signs, and other off-site signage issues.  The amendment would restrict the off-site location of real-estate signage, would address other types of signage, and would provide for the enforcement of the ordinance and removal of any illegal signage.

 

Mr. Federico asked if the Town had a definition of a snipe sign.  Mr. Grassie said this ordinance provides a definition.  Mr. Federico said he was comfortable with the proposed sign ordinance.  Mr. Grassie indicated that a business owner had called regarding banner signs.  The business owner uses banners several times a year for sales.  Mr. Grassie reminded the business owner about Special Promotional signs that are available for a total of 8 days a year, but no more than 4 consecutive days in a row.  The business owner than asked if that could be expanded to 10 days/4 times a year.  Mr. Grassie had spoken to Code Enforcement Officer Terry Barnes about this suggestion.  Mr. Barnes was concerned about abuse of the additional days.  Mr. Deschaine noted that the sign ordinance that people have before them tonight incorporates changes that were discussed at previous meetings.  He suggested that the changes to this ordinance be read aloud so people will know what the specific changes are.  Mr. Grassie explained what had been changed.

 

There were discussions on: prohibited and allowed contractors signs; signs on trucks; Special Promotional permits; the length of Special Promotional permits; and banners.  Mr. Grassie stated that if they wanted to change the length of the Special Promotional permits, it would have to be done in two parts.  The sign portion which allows Special Promotional signs, and a separate portion regarding the special sales themselves.  The second portion could not be done until next year.  After a brief additional discussion, Mr. Federico made a motion to approve the changes to Sections 2.1 Definitions and Section 7 Signs of the Zoning Ordinance and to recommend them to the voters at Town Meeting in March.  Ms. Werner seconded the motion, which passed unanimously.

 

Day-Care Facilities: To add a new Section 5.11 Day-Care Facilities to the Stratham Zoning Ordinance to address the location of Day-Care and Childcare facilities with the Town of Stratham.  The proposed ordinance will provide for certain requirements for the issuance of a special exception for the location and operation of a day-care facility within any residential zone and the Town Center.  The ordinance also limits the size of any childcare operation based upon NH State licensing requirements and provisions:

 

Mr. Grassie indicated that there had been a few changes to the proposed ordinance since the last meeting.  He briefly went over the changes.  The main changes were to the lot sizes.  Ms. Johnson noted that there had previously been a lot of discussion on this proposed ordinance.  Anne Sloan from Stratham Heights Road asked the Board to provide some background for this proposed ordinance.  Mr. Grassie gave a history of this proposed ordinance.  Mr. Barker made a motion to approve the changes to Section 5.11 Day-Care Facilities and to recommend it to the voters at Town Meeting in March.  Mr. Wool seconded the motion, which passed unanimously.

 

Revised Definition of Agriculture, Farm, Farming: To revise Section 2.1.6 Agriculture, Farm, Farming to more comply with NH RSA 21:34-a Farm, Agriculture, Farming.  The Planning Board has found that the current definition has not been conducive to the establishment of new farms or farming activities within Stratham:

 

Mr. Grassie gave a history of the reasons for this proposed definition.  He said that if the Board wants to change the Farming Ordinance itself, it can be done next year.  Mr. Barker objected to the reduction in the requirement that only 35% of the produce has to come from the farm.  He felt that it should remain at 50%.  Nate Merrill from the Stuart Farm spoke in favor of approving the definition of farming this year, and working on a farming ordinance next year.  He felt that there could be circumstances where the 35% produce from the farm made sense.  Caroline Robinson from Berry Hill Farm also spoke in favor of approving the definition, but felt that it should be 50% produce from the farm.  Town Administrator Paul Deschaine cautioned the Board to take into consideration all possible consequences of changing the definition of farming.  At this time, only farmers are allowed to have more than one residence on their property.  This definition does not address the scale of farming, so anyone keeping bees for a hobby or a small garden could conceivably claim they were farming and want to put up more than one house on a lot.  He suggested that the Board work on the definition and ordinance at the same time to try to prevent unwanted consequences.  There was additional discussion on Federal definitions of a farm.  Mr. Wool made a motion to amend the percentage of produce from the farm from 35% to 50% and to continue the public hearing on this proposed amendment until the January 17, 2007 meeting.  Ms. Johnson asked if they should put wording in the definition to cover disasters.  Mr. Grassie said that could be covered when they work on the zoning ordinance.  Mr. Federico seconded Mr. Wool’s  motion, which passed unanimously.

 

Historic Review for Demolition: To add a new Section 16.5 Historic Demolition Delay To require that prior to any demolition of any home, barn or other structure, which is assumed to be over 50 years in age, be reviewed by the Heritage Commission prior to any issuance of a permit to demolish such structure.  The new section would provide for an expedited review with an extended review period for structures within the town, which were found to be historic, or of significant importance to the heritage of the community:

 

Mr. Grassie stated that this is the first time the Board has seen this version of the proposed ordinance.  He said this proposed ordinance is based on both Concord’s and Keene’s ordinances, which are included in the Board members packets.  Mr. Grassie read the proposed ordinance aloud.  There was a great deal of discussion regarding: the 30 calendar-day-period for recommendation by a review committee; the proposed historic database; possible loopholes in the proposed ordinance; the 50 year time frame; and reasons to want to preserve buildings.  There were suggestions of between 45 and 90 days for review by a committee.  Barbara  Mann pointed out what she thought was a potential loophole in the definition.  Mr. Grassie said the wording was not a loop hole, but actually benefited the Town.  It was pointed out that Town does not have a Historic District.  Gerard Thibeault from Portsmouth Avenue expressed a concern about being told what he could and could not do with his house.  There was further discussion on homeowner’s concerns; the Town’s concerns about this proposed ordinance; whether or not the Heritage Commission has the authority to do these reviews; and ways to enlist the cooperation of property owners in preserving historic structures.  Mr. Wool felt that this proposed ordinance is a knee jerk reaction to a proposal to tear down the Noyes house and build a child care center.  He said the proposed ordinance doesn’t have teeth, and that it was a waste of paper.  Mr. Barker suggested an alternative to the proposed ordinance.  He said a discretionary easement with a tax break would be an incentive to a homeowner to keep the house in good repair. 

 

Ms. Johnson did not feel this proposed ordinance was ready for a recommendation to the voters.  Mr. Grassie stated that tonight is the last night the Board can make any changes to the proposed ordinance before they make a decision, at the January 17, 2007 meeting, on whether or not to recommend that it go before the voters at Town Meeting.  Mr. Grassie went over the various changes.  Mr. Grassie recommended that Section 16.5.5(b) be removed from the proposed ordinance.  Mr. Barker made a motion to make the recommended changes and to continue the public hearing to January 17, 2007.  Mr. Federico seconded the motion, which passed unanimously.

 

Expansion of Industrial Zone To amend the Official Zoning Map of the Town of Stratham to correctly show the boundaries of Map 2 Lot 30 and to add Map 2 Lot 26 to the Industrial Zone:

 

Mr. Grassie put the map on the wall which shows the corrected boundaries for the current Lindt & Sprungli and the Breslin properties, which were recently combined.  He said the map is not exactly correct.  He has the survey data, but it is not yet digitized.  He will be getting the survey data to Regional Planning so the maps can be updated and corrected.  Mr. Grassie indicated that the Co-op Middle School is currently zoned Industrial.  He would like to get that rezoned to Residential/ Agricultural or some zone other than Industrial.  There were discussions on: how taxes might be affected on the former Breslin property, if it is rezoned; and the extent of the expansion towards Rollins Farm Road.  Ms. Johnson suggested discussing this proposal and the next proposal at the same time.  The Board members were in agreement with that suggestion.

 

Expansion of Retirement Planned Community Zone To amend the Official Zoning Map of the Town of Stratham to add Map 2 Lots 25, 41, 42 and 43 to the Retirement Planned Community Zone:

 

Mr. Grassie put the map on the wall which shows a proposed expansion of the Retirement Planned Community Zone.  He said that he should be getting corrected maps from Regional Planning soon.  He went over the incorrect portions of the map.  Mark Stevens, who owns some of the above properties, had a survey map of the property, which is suppose to contain the correct data.  There was a discussion on the discrepancies in the maps and surveys.  Ms. Johnson said she was disconcerted that they were looking at incorrect maps.  Mr. Deschaine explained that the Tax Maps are continuously changed when the Town obtains new information, and thus are not always exactly correct.  There was a great deal of discussion on the discrepancies on the Tax Maps.  Mr. Federico felt that a Retirement Planned Community Zone for these lots along the lines of a cluster development with open space, was a good use of this particular property.  There was further discussion regarding: the type of retirement homes that would be built; traffic flow on Stratham Heights Road; and access to the property. 

 

Mr. Federico made a motion to continue the discussion on the Expansion of the Industrial Zone and the Expansion of the Retirement Planned Community Zone to January 17, 2007.  Ms. Werner seconded the motion, which passed unanimously.

 

New Business:

 

Map 6 Lot 1 - Realty Acquisitions Retail Development by Nip Lot 3, LLC Exchange & CVS Drug. 6 Cottage Street, Pepperell, MA.  For the required review of all proposed signage for the new CVS drugstore:

 

The applicant, Mark Stevens, was present to represent his company.  Richard Westergren from Poyant Signs was also present.  Mr. Stevens went over the individual signs and their locations.  He had spoken to Code Enforcement Officer Terry Barnes regarding the size of the signs.  Mr. Barnes had indicated that the size of the signage was according to code.  Mr. Stevens stated that Seacoast Newspapers had a pylon sign on the corner of the property.  He said that Seacoast Newspapers wanted the sign so they dug it up and took it with them.  He would like to be able to put up a similar sign that meets code with a directional arrow to whoever occupies the back building.

 

Ms. Johnson asked if it would have the same motif as the building.  She was told yes.  There were discussions on: the internal lighting of the pylon sign; the letter board portion of the sign; the height of the sign; and putting “Welcome to Stratham” on the sign.  Mr. Federico asked Mr. Barnes if putting “Welcome to Stratham” on the bottom of the sign would be considered additional signage for CVS.  Mr. Barnes said it would not be considered as part of CVS’s signage.  Mr. Federico requested having “Welcome to Stratham” added to the bottom of the CVS sign as a condition of the signage approval.  Mr. Barnes asked if Mr. Stevens knew where the pylon sign for the Seacoast Newspaper building would be located.  Mr. Stevens said it would be in the same location as shown on the existing conditions of the site plan.  There was a brief discussion regarding the allowed size for the rear building.  Mr. Stevens  said the sign that was previously there for the Seacoast Newspaper building was be 4’ x 10’ (according to Jones & Beach Engineers).  Ms. Johnson was concerned about what might be put on that sign.  Mr. Stevens said he would bring in signage information when he comes in for a new tenant in the rear building.  Mr. Federico made a motion to approve the signs for CVS as presented with the addition of adding “Welcome to Stratham” at the bottom of the sign; and the 4’ x 10’ replacement sign for the rear building subject to review by the Planning Board.  Ms. Werner seconded the motion, which passed unanimously.

 

Map 7 Lot 38 – Pinewood Drive – by Dale & John Wood of 15 Brown Avenue.  Requesting a Conditional Use Permit to cross a wetland for a proposed gravel drive with parking area for recreational use:

 

Jonathan Ring from Jones & Beach Engineers was present to represent the applicant.  He gave a brief history of this property.  The lot size is 33 +/- acres.  There is a substantial portion of wetlands on the property.  The applicant would like to obtain permission for a driveway access to the upland portion of the property for recreational use.  It would be a 10’ wide gravel driveway with a 40’ wide, 180’ long gravel parking area.  Mr. Ring stated that there is no house on this property.  They are proposing two 15” culverts.  They have been working on the Wetlands Permit Application.  They met with the Conservation Commission, but the Commission has not seen the amendments to the wetlands application.  Mr. Ring said that there would be approximately 4,900 square feet of wetland impact, and approximately12,200 square foot impact to the wetland buffer.  He indicated that they submitted a request for a Conditional Use Permit for the impacts.

 

Mr. Federico asked if the property had a house on it.  He was told no.  Mr. Hyland asked if the land was buildable.  Mr. Ring said it was buildable for a gravel driveway, but he doesn’t know if it would be buildable for a house.  He was asked if the applicant was planning on using the property for private recreational use.  Mr. Ring said yes.  He noted that the Conservation Commission had asked for a gate to prevent public use of the property.  Mr. Barker indicated that the Conservation Commission had also requested that they reduce the width of the side slopes to reduce the impact to the wetlands and the wetland buffer.  Mr. Ring mentioned that they had also made the driveway narrower.  They will use silt fencing during construction to protect the wetlands.  Mr. Ring read the request for a Conditional Use Permit aloud.  Mr. Barker stated that Conservation Commission had concerns regarding disturbing the wetlands buffer; how many vehicles would be using the large parking area; labeling the abutting conservation land; and inconsistencies in the Wetlands application.  Town Administrator Paul Deschaine stated that the Town had requested an extension from the State for additional review time, because of the inconsistencies.  Mr. Grassie did a photo presentation of the property.  There were discussions on: the site walk that was done on the property in December; the photos; the amount of wetlands on the property; the abutting conservation land; the abutting properties; polluting the wetlands with spillage from recreational vehicles; unauthorized vehicles using the property; the damage that would be done to the wetlands from recreational vehicles; why the applicant feels he needs such a large parking area; and the amount of time the property would be able to be used for recreational vehicles each year. 

 

Ms. Werner stated that the Zoning Ordinance allows the Planning Board to require an applicant to submit an environmental impact assessment, at the applicant’s expense.  She strongly suggested that the Planning Board require an environmental impact assessment.  Mr. Grassie said he would need to meet with Mr. Ring to decided on what would need to be included in an environmental impact study.  Once the study is done, it would need to go out to the Town’s consultant for review.  Mr. Grassie suggested continuing the public hearing to either February 21, or March 7, 2007.  Mr. Ring asked to have the public hearing continued to February 7, 2007.  If they will not be ready, they will then request a continuance to March.  Ms. Johnson wondered if the Conservation Commission would like to have input on what goes into the environmental impact study.  Mr. Barker said they would need to know what the property would be used for.  There was a discussion on whether or not the Board wanted to take this application under jurisdiction.  Attorney Craig Solomon was present to represent the applicant.  He argued for taking the plan under jurisdiction.  Mr. Grassie stated that he and Mr. Ring would get together with the Town’s and the applicant’s experts to decide on what to include in the environmental impact assessment.  Mr. Barker made a motion to take this plan under jurisdiction.  Ms. Werner seconded the motion, which passed with a vote of three in favor and two against.  Mr. Federico and Mr. Wool voted against taking this application under jurisdiction.  The Board decided that they would not go on a site walk at this time, because the ground would be too wet.  Mr. Wool made a motion to continue the public hearing to February 7, 2007.  Mr. Federico seconded the motion, which passed unanimously.

 

Map 1 Lot 13-12 Nissan of Stratham, Request for 45 day Extension of Site Plan Approval & Lot Line Relocation (Map 1 Lot 13):

 

Mr.  Federico asked how long it had been since the applicants had been before the Planning Board.  It was approximately a year.  Mr. Grassie indicated that they received their Site Specific Approval last week.  He said they were mostly ready to have the plans signed.  There are a few notes that need to be added to the full set of plans, and they need final sign off from Civilworks.  Mr. Grassie explained why it has taken the applicants so long to get ready for final signing of their plans.  Mr. Wool made a motion to grant the applicants the requested 45 day Extension of Site Plan Approval and Lot Line Relocation.  Ms. Werner seconded the motion, which passed unanimously.

 

Other:

 

Ms. Werner made a motion to adjourn at 11:26 p.m.  Mr. Barker seconded the motion, which carried.

 

Respectfully submitted,

 

 

 

Linda A. Beaudoin

Secretary Stratham Planning Board