STRATHAM PLANNING BOARD

PUBLIC MEETING MINUTES

January 4, 2006

 

Agenda:            The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, January 4, 2006, at 7:00 p.m., at the Stratham Town Hall, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

 

                        Approval of Minutes:     November 30, 2006 & December 7, 2005

 

New Business:

 

Map 16 Lot 27 – 4 Lot Subdivision for Cabernet Builders, P.O. Box 292, Stratham, NH, located on 45 Lovell Road.

 

Continuing Applications:

 

Map 2 Lots 27 & 30 – Site Plan Review for the construction of 145,000 s.f. of new industrial & warehouse space with related infrastructure, located at One Fine Chocolate Place, by Lindt & Sprungli, Inc.

 

Map 1 Lots 13, 13-11 & 13-12 a lot line revision for W. Douglas Scamman, Jr., located on Portsmouth Avenue and River Road. 

 

Map 1 Lots 13-12 Site Plan Review for a new automotive sales and service operation to include 19,000 sq. foot building with adequate parking, utilities and drainage, for Nissan of Stratham, located at 43 Portsmouth Avenue.

 

                        Other:

 

                        2006 Zoning Workshop

 

                  Other

 

Members Present: Chair Janet Johnson, Jeffrey Hyland, Kirk Scamman, Bruno Federico, Mary Jane Werner, Frank Catapano, and Town Planner, Charles (Chuck) Grassie.

 

Ms. Johnson asked Ms. Werner to act as a voting member until Timothy Mason returns from his vacation sometime in March.  Ms. Johnson noted that the November 30, and December 7, 2005 minutes needed approval.  Mr. Federico made a motion to approve the November 30, and December 7, 2005 minutes as written.  Ms. Werner seconded the motion, which passed unanimously.

 

Map 16 Lot 27 – 4 Lot Subdivision for Cabernet Builders, P.O. Box 292, Stratham, NH, located on 45 Lovell Road:

 

Mr. Catapano stepped down for this application because of a conflict of interest.  Ms. Werner asked Mr. Hyland to act as a voting member for this application.  Mr. Grassie indicated that this application was complete enough to be taken under jurisdiction. 

Attorney FX Bruton was present to represent the applicant.  Ken Healy from Beals Associates was also present.  Mr. Bruton gave a brief description of the proposed 4 lot subdivision.  He noted that the parent lot is in the MAH zone, which has a 1 acre minimum lot size.  He indicated that the application has already been reviewed by the Town’s consultant, Civilworks.  He said that all of Civilworks’ comments have been addressed.  Civilworks’ seconded letter indicates the same, with one outstanding issue.  Mr. Bruton described the four lots.  Lot 1 contains an easement for a driveway going to Lot 2.  This easement is to protect existing wetlands.  They had submitted a written waiver request from Section 4.4.2(j) - Design Standards – Streets, of the Subdivision Regulations, to allow a minimum radius of less than the required 25 feet.  Mr. Bruton stated that they were hoping to obtain approval from the Board this evening.  He noted that the outstanding issue from Civilworks’ comments is regarding eliminating the existing driveway and relocating it onto the new road.  Mr. Bruton said the applicant was willing to relocate the driveway, if the Board requested it.  He stated that he had reviewed Mr. Grassie’s comments and suggested conditions of approval.  The applicant is comfortable with those conditions.

 

Ms. Werner made a motion to take this application under jurisdiction.  Mr. Scamman seconded the motion, which passed unanimously.  Mr. Healy described the reasons for the waiver request.  There was a discussion regarding the waiver request; moving the existing driveway on Lovell Road to the new road.; and the length of the proposed road.  Abutter Steve Buchanan asked what type of housing units would be on the lots.  He was told that they would be single family homes.  He wanted to know if there would be any trees along the boundary line with his property to screen headlights.  Mr. Bruton said the applicant has no current intentions of removing the existing tree line outside of the buildable envelope.  There was further discussion on the tree line issue; the location of the utilities; and buffering the entrance to the new roadway.  Mr. Federico made a motion to grant the waiver request from Section 4.4.2(j) - Design Standards – Streets, as requested.  Mr. Scamman seconded the motion, which passed unanimously. 

 

There was a lively discussion on whether or not the Board would be setting a precedent by approving a subdivision application at the first meeting;   Mr. Bruton went over the comments in Civilworks’ letter, and how they were addressed.  He noted that they were willing to add more trees to the buffer between Mr. Buchanan’s driveway and the new driveway and to move the new driveway further away from Mr. Buchanan’s driveway.  Mr. Bruton said if they delete the detention pond, they could move the driveway over.  Mr. Federico asked about the intent of the detention pond.  Mr. Bruton stated that it was for drainage, but Paul Connolly from Civilworks felt drainage would be better without the detention pond.  Mr. Bruton agreed to a 20 ft. evergreen buffer, at Mr. Buchanan’s discretion.  Mr. Buchanan said he was comfortable with the 20 foot evergreen buffer.  There were a great deal of additional discussions on the utilities, type and size of homes; number of bedrooms (3); the closeness of the homes to each other; whether or not this application should be approved in only one Planning Board hearing; sending the plans out for the Town consultant’s review before the Board has a chance to see them; the configuration of the lots; the size of the lots; having the well radii on the lot were the well is located; and the type of siding that was removed from the existing house.  Lissa Ham, from the audience, strongly argued for the Board to consider creating a lot shape ordinance.  Ms. Johnson did not feel comfortable approving this plan in one hearing.  Mr. Hyland asked if the revised plans would have the removal of the detention pond, the utilities, etc.  He was told yes.  Ms. Ham expressed a strong opinion that the applicant should not have sent out the plans for review until the Board had taken the plans under jurisdiction.  Mr. Federico made a motion to continue this application to January 18, 2006, where it will be the first item on the agenda.  Mr. Scamman seconded the motion.  Ms. Johnson felt that the Board and the public should see the plans before they go out to the consultant for review.  She felt unprepared to approve these plans tonight.  There was an additional brief discussion on this issue.  The motion to continue this hearing to January 18, 2006 passed unanimously.  Mr. Catapano resumed his seat on the Board.  Ms. Johnson asked Mr. Hyland to remain as a voting member because Ms. Werner had to leave the meeting.

 

Map 2 Lots 27 & 30 – Site Plan Review for the construction of 145,000 s.f. of new industrial & warehouse space with related infrastructure, located at One Fine Chocolate Place, by Lindt & Sprungli, Inc:

 

John Maynard from Maguire Group was present representing the applicant.  He gave a brief description of the buildings on the property and this application.  They are planning a total of 145,000 square feet of new industrial and warehouse space, relocation of the driveway around the warehouse and a satellite parking area.  He noted that they will be paving the wetland crossing, but indicated that it is already in place as a gravel crossing. 

 

Mr. Grassie indicated that the applicant still has a number of outstanding issues they need to address.  He noted that he had received a letter from the Town of Exeter stating that Lindt must enter into an agreement with them for water and sewer services.  Other outstanding issues are: they need a Conditional Use permit for impacts to wetlands; and they will need a variance for wetland setbacks.  There was a brief discussion regarding the water and sewer agreement with Exeter.  Mr. Catapano asked about a possible future right-of-way to Rollins Farm Road.  Jed Marlat from Lindt & Sprungli stated that  the company has no interest in having a road go through their property, at this time.  Mr. Maynard said the driveways are not built to Town standards, but Lindt could be a party to discussions on any possible future road.  There was additional discussion on this issue, and the reasons for the Town wanting a right-of-way. 

 

Mr. Grassie again mentioned that they applicant needs a Conditional Use permit for their wetlands crossing.  Mr. Scamman made a motion to grant a Conditional Use permit (Section 11.4) for Map 2, Lots 27 & 30 for wetlands impacts.  Mr. Catapano seconded the motion, which passed unanimously.  Mr. Grassie read the conditions for approval aloud (see file).  Marty Wool, from the audience, expressed a concern about approving this plan before the applicant gets a Variance from the Board of Adjustment.  He said that the Board has always had applicants get their Variance first before Planning Board approval.  Lissa Ham, from the audience, said it was her understanding that in order to go to the Board of Adjustment for a Variance, an applicant had to get a denial from either the Planning Board or the Building Inspector.  Mr. Scamman said that was also his understanding about obtaining Variances, and he would feel more comfortable about Lindt obtaining their Variance before the Board gives a final approval on this application.  Mr. Maynard stated that time was of the essence for this application, and that Lindt was willing to take the risk that they might need to come back before the Planning Board, if changes to the plans are required by the Board of Adjustment.  There was further discussion on this issue, and the pending agreement with the Town of Exeter.  Gordon Barker, from the Conservation Commission, stated that Lindt had come before the Commission, and the Commission found no problems with the plans.  They had asked Lindt about the possibility of a hiking trail on their property, but Lindt was not interested.  Mr. Grassie indicated that the plans would not be signed until all conditions have been met.  Mr. Scamman made a motion to grant a Conditional Approval for Map 2, Lots 27 & 30, Lindt & Sprungli with the thirteen (13) conditions listed on Mr. Grassie’s Planner’s Review of 1/4/06.  Mr. Catapano seconded the motion, which passed unanimously.

 

 

 

 

 

Map 1 Lots 13, 13-11 & 13-12 a lot line revision for W. Douglas Scamman, Jr., located on Portsmouth Avenue and River Road: 

 

Mr. Scamman stepped down because of a conflict of interest.  Marty Wool stepped in as Selectmen’s representative.  Mr. Grassie indicated that the Lot Line Revision was ready except for some minor housekeeping issues.

 

Attorney Michael Donahue was present to represent the applicant.  He gave a brief outline of the history of this project.  He said they had submitted drainage plans for review by Civilworks.  He commented that the Lot Line Adjustment will only move forward, if the Board approves of the Site Plan Review.  He asked the Board to skip discussion on the Lot Line Adjustment until after discussions on the Site Plan Review.  After a brief discussion on Mr. Donahue’s request, Board decided to move forward in the order the applications are on the Agenda.  Mr. Grassie read the proposed list of conditions.  Mr. Catapano made a motion to approve the Lot Line Adjustment for W. Douglas Scamman for Map 1 Lots 13, 13-11 & 13-12.  Mr. Federico seconded the motion, which passed unanimously.

 

Map 1 Lots 13-12 Site Plan Review for a new automotive sales and service operation to include 19,000 sq. foot building with adequate parking, utilities and drainage, for Nissan of Stratham, located at 43 Portsmouth Avenue:

 

Attorney Michael Donahue, Bruce Scamman from Emanuel Engineering, and Robin Woodburn from Woodburn & Co. (landscaping) were present representing the applicant.  Mr. Scamman gave a brief history on this project.  He noted that there is no need for any variance for this project.  He said that they had met with all Town Officials on this project.  He went over the changes they made to the plans per Civilworks’ comments.  Paul Connolly from Civilworks had requested: more sheet flow into treatment swales on the site instead of catch basins.  Mr. Scamman said they raised the building was up one foot to create increased sheet flow.  He said they made changes to the driveway so that both lots will be accessed from Portsmouth Avenue by one driveway.  There will be a left and right in, and a right out.  If someone needs to take a left out of the site, they will need to exist through the rear of the property onto River Road and then take a left.  He stated that they made changes to the entrance from Portsmouth Avenue to accomplish this.  Mr. Scamman noted that there had been discussions regarding the width of the roadway at the back of the site that goes to River Road.  Mr. Connolly and Highway Agent Fred Hutton had requested a 24 foot wide roadway.  Mr. Scamman indicated that they changed the width of the rear driveway to 24 feet.  He stated that the lighting plan has been reviewed.  Mr. Scamman informed the Board that the State was taking four to five months on State DES Site Specific approvals, and asked if the time frame for Site Specific approval could be changed from 90 days to 180 days.

 

Mr. Hyland expressed a concern with the extra width of the rear roadway.  Mr. Scamman noted that the Board had requested a wider road.  Mr. Hyland asked about the rip rap that is shown going over the property line to the abutting property.  Mr. Scamman stated that if it is necessary for the rip rap to remain in that area, the owner has assured him that an easement would not be a problem.  There were brief discussions regarding: the size of the proposed flag and flag pole; the landscaping; signage; drainage; and fire protection.  Lissa Ham from the Water Commission asked about the status of fire protection.  Mr. Grassie indicated that the applicant would be required to hook into the new proposed system.  If the proposed system is not ready when they are ready to open, they will have to provide an internal system.  He said the system would include a line from the fire pond behind the Honda Barn through Market Basket to this property.  He stated that a report on the system was sent to the Water Commission approximately one month ago.  Ms. Ham asked who would be permitting the system.  She was told that the Board of Selectmen would issue the permit.  Ms. Ham suggested that the system should be built to the standards of potable water.  Mr. Grassie stated that standard has been set for this system.  Additional discussions were had regarding: the septic system; the proposed acceleration and deceleration lanes; the left and right turning lanes; and the curb cuts.  Mr. Grassie read the list of suggested conditions aloud.  Mr. Wool made a motion to approve the Site Plan for Map 1 Lots 13-12, 43 Portsmouth Avenue, Site Plan Review for a new automotive sales and service operation for Nissan of Stratham, with the twelve (12) conditions listed in the Planner’s Review of 1/4/06, including the vesting sentence.  Mr. Catapano seconded the motion, which passed unanimously.  The time frame for the Site Specific approval will be changed from 90 days from the date of approval to 180 days from the date of approval.

 

Other - 2006 Zoning Workshop:

 

Mr. Grassie handed out copies of the proposed zoning questions with the changes that were requested by the Board.  He stated that the next meeting will be a workshop on the zoning questions.  He briefly went over the changes that he had made to the questions. 

 

Professional Office/Rural Zone (POR)  - There were discussions on: parking in the proposed Professional Office/Rural Zone (POR); the definition of the word “redevelopment” in relation to existing structures in the proposed POR Zone; the location of the District; the size of a new building; setbacks; and the definition of a “conditional use”.  Mr. Wool asked if the area for the proposed PRO Zone is a Historical District.  Mr. Grassie said no. 

 

Affordable Senior/Workforce Housing – Mr. Grassie noted that the only change made was to the last sentence in Section 5.7.5 – Exception.  There was a brief discussion on whether or not allowing 20% of the units to be sold at market prices is enough of a percentage to encourage developers to build affordable housing.

 

Signage: Mr. Grassie indicated that he had made the change requested by the Board to change the framework/bracing calculation from 25% to 35%.

 

Preliminary Site Plan Review – Has already been approved to send to the voters at Town Meeting.

 

Gordon Barker, from the audience, expressed a concern about the tax consequences of changing his property on Portsmouth Avenue to the proposed PRO Zone.  Mr. Grassie and Town Administrator Paul Deschaine briefly explained how properties would and would not be affected.  Ms. Johnson indicated that the Board will be having a public hearing on the proposed zoning questions on January 18, 2006.  The public will have a chance to ask their questions and make comments on the proposed zoning questions at that time.

 

Mr. Catapano made a motion to adjourn at 9:_____ p.m.  Mr. Wool seconded the motion, which carried.

 

Respectfully submitted,

 

 

 

Linda A. Beaudoin

Secretary Stratham Planning Board