October 5, 2005

Agenda: The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, October 5, 2005, at 7:00 p.m., at the Stratham Town Hall, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

Approval of Minutes: September 7, 2005 & September 21, 2005

Ongoing Business:

Map 1, Lot 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.

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

New Business:

Application Acceptance & Public Hearing:

Map 5 Lots 21 – Site Plan Review for a Change of Use for a Day Care Facility, located at 237R Portsmouth Avenue, by June Brewster d.b.a. Kidsway, LLC

Other:

Members Present: Acting Chair Timothy Mason, William Provost, Bruno Federico, Mary Jane Werner, Kirk Scamman, and Town Planner, Charles (Chuck) Grassie.

Mr. Mason asked Ms. Werner and Mr. Provost act as voting members tonight. Mr. Grassie indicated that the meeting minutes for September 7, and 21, 2005 needed approval. Ms. Werner made a motion to approve the minutes from September 7, and September 21, 2005. Mr. Federico noted that Mr. Provost’s name is misspelled. Ms. Werner amended her motion to include the correct spelling of Mr. Provost’s name. Mr. Federico seconded the amended motion, which passed unanimously.

Ongoing Business:

Map 1, Lot 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 W. Douglas Scamman, Jr./Nissan of Stratham, located on Portsmouth Avenue and River Road:

Mr. Grassie noted that the applicant submitted a written request to be continued to November 2, 2005. Mr. Scamman made a motion to continue the application to November 2, 2005. Ms. Werner 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. Mason noted that since this Lot Line Revision is tied in with the previous application, the applicant would also like this one to be continued to November 2, 2005. Ms. Werner made a motion to continue the application to November 2, 2005. Mr. Federico seconded the motion, which passed unanimously.

Application Acceptance & Public Hearing:

Map 5 Lots 21 – Site Plan Review for a Change of Use for a Day Care Facility, located at 237R Portsmouth Avenue, by June Brewster d.b.a. Kidsway, LLC.

Mr. Mason stated that he has used Beals Associates as an engineer in the past, and asked if anyone had an issue with him remaining on the Board for this application. The applicant and the Board members had no problem with Mr. Mason remaining on the Board for this application. Mr. Grassie noted that the application was complete enough to take under jurisdiction. Mr. Scamman made a motion to take this plan under jurisdiction. Ms. Werner seconded the motion, which passed unanimously.

Kenneth Berry, a Surveyor for Beals Associates, was present to represent the applicant. June Brewster was also present. Mr. Berry brought additional copies of the 11” x 17” plans for the abutters to view. He gave an outline of the application, the location of the property, and a description of the proposed changes. They will be adding 12 parking spaces for employees. He noted that all of the direct abutters to this property are residential. The applicant plans to expand the number of children the facility would have to 60. She has outgrown the existing daycare on Stoneybrook Lane, Stratham, and hopes to move to this site on Portsmouth Avenue. The applicant would be renovating the existing residence at 237R Portsmouth Avenue for the daycare, widening the existing driveway, and adding parking on site. They will be grading one area to take care of an existing drainage problem. There will be two play areas, which Mr. Berry described. The applicant will put up a separate 4 foot high, chain link fence around the existing pool. Mr. Berry indicated that this proposal does require action by the Zoning Board of Adjustment (ZBA) for a Special Exception. He stated that they have submitted an application to the ZBA, with a noticed hearing scheduled for October 11, 2005.

There were questions on: the parking; and traffic flow for drop-offs and pick-ups. Mr. Berry went over the traffic count that was done for this site. He submitted copies of photos taken showing the site distance at the end of the driveway. An application has been sent to the Department of Transportation (DOT). Alan Garland from District 6 of the DOT, indicated that the applicant would not need a deceleration lane. Mr. Berry stated that they will not be adding any additional lights, but would add motion sensors to the existing lights. They would not be doing anything to the existing landscaping buffer along the property lines. Mr. Grassie had expressed a concern about headlights shining onto the abutting property from the 5 space employee parking area. Ms. Brewster stated that she was willing to put up a 6 foot stockade fence to block any headlights in that area. Mr. Berry indicated that they had submitted a written waiver request from several items in the Site Plan Review Ordinance (see attached).

Mr. Mason said it might be useful to go over the hours of operations. Ms. Brewster stated that the hours of operation are: 6:30 a.m. to 5:30 p.m. She said there are no evening hours of operation, nor any weekend hours. Mr. Mason asked about the other buildings labeled existing apartment, and existing garage. Mr. Grassie mentioned that he has spoken with Town Clerk/Tax Collector Shirley Daley on this property. Mr. Grassie stated that the apartment has been occupied for quite some time. He noted that a landscaping business, that the Town did not know about, had been operating illegally out of the garage for about a year. He said, from what the Town has been able to ascertain, the apartment is a legal apartment. Ms. Brewster stated that her daughter would be living in the existing 2-story house. There were additional discussions on: limiting the hours of operation; and the towns that the children come from; and possible problems with exiting the property in the winter because of the lack of daylight in the evening. Mr. Federico suggested putting a light at the end of the driveway so people can see it during pick-up hours in the winter. Mr. Provost asked what the garage would be use for. Ms. Brewster indicated that she would like to turn the garage into play space for bad weather and for use during the winter. Mr. Federico asked about the second apartment in the rear. Ms. Brewster said it would be rented out.

The hearing was opened to public comments. Larry Schmidt from Jason Drive expressed a concern about the daycare ruining his view, the additional traffic the daycare would generate along Portsmouth Avenue and possible problems it would cause for cars turning into Jason Drive and Squamscott Road. Brent Lambert from Jason Drive expressed a concern regarding the noise from the children’s play area. Mike Pesaresi from Jason Drive asked about modifications to the septic system to handle 60 children, and the maximum number of children that will be allowed at the daycare. Dan Crow from Benjamin Road felt that there should be another person reviewing the traffic study. Dottie Schmidt from Jason Drive and Steve Savarese from Laurel Lane agreed with Mr. Schmidt about traffic problems. There were additional discussions on: whether or not a traffic study by the Town’s consultant was necessary; a fence to prevent vehicle headlights from shining on the neighbors’ house; the amount of time the children would be playing outside; the septic system calculations for 60 children; Mr. Berry noted that the applicant would be applying to the Department of Environmental Systems (DES) for a replacement septic system in case the existing one failed. Mr. Grassie stated that he was recommending that a condition of the approval be that the maximum number of children would be 60. If they wished to increase that number they would need to come back to the Planning Board for approval. Town Administrator Paul Deschaine stated that one of the waiver requests was to not do a perimeter survey. He said if there is no perimeter survey available, the plan would not be able to be recorded at the Registry of Deeds. Mr. Grassie commented that the applicant did not intend to record the plan at the Registry. It would be kept on file in the Town Office. Mr. Mason questioned why it would not be recorded. Mr. Grassie stated it was because there was no perimeter survey and they are not making any changes to the structures on site. It is only a Change of Use. There was a discussion on whether or not this plan should be recorded, if not, what can be recorded in its place. The abutters wanted to make sure that the conditions are on file so the daycare has to abide by those conditions. There were additional discussions on: the percentage of children that are at the daycare all day vs. only part of the day; whether or not the parking would be adequate for drop-offs and pick-ups; the traffic entering and existing the property; whether or not a traffic study of the site should be done by the Town’s consultant, Steve Pernaw; keeping the entrance to the property safe; and the proposed width of the driveway. There was a suggestion to widen the entrance to the driveway with two 28 foot lanes approximately 40 feet up the driveway. Mr. Berry stated that was doable. Mr. Grassie read his draft list of conditions for approval. There were additional discussions on Mr. Grassie’s list of conditions; whether or not to require a boundary survey; what would be recorded at the Registry; the 5 employee parking spaces along the Schmidt’s property; and the ZBA hearing for this project. Mr. Grassie suggested that, as a condition of the approval, the applicant have a survey done and recorded. The Board decided that they want a survey done. Mr. Grassie suggested sending this application to Steve Pernaw for an additional traffic study to allay everyone’s concerns. The Board would not act on the waivers tonight, because of the pending survey. Mr. Federico made a motion to continue this application to the October 19, 2005 meeting. Ms. Werner seconded the motion, which passed unanimously.

Other:

Ms. Werner made a motion to adjourn at 8:32 p.m. Mr. Federico seconded the motion, which carried. The Board reconvened at 8:32 p.m. because Mr. Grassie indicated that he had a letter from Steve Pernaw regarding an agreement between Mr. Pernaw and the Nissan Dealership’s traffic engineer on the traffic study, which was briefly discussed.

Mr. Grassie indicated that he had sent a letter to the Shell gas station (Trickett) regarding their deficiencies. He will be sending out another letter because they still have not turned over any data dealing with the DES condition and court suit which required they submit any information on that issue to the Town, Roger Groux and his attorney. Mr. Grassie noted that there are also some deficiencies in the construction safety issues with this site. He asked if the Board wanted him to secure the services of an inspection engineer to inspect this site for possible additional violations and to ensure that it is being constructed as it was designed. Mr. Grassie said it was his understanding that that applicant is his own General Contractor (GC) on this site. He has talked to some companies who do construction inspections. One was Civilworks, but Mr. Connolly is too busy do this work. Mr. Mason felt that the Town should have their engineer do a final check of the site to make sure it is built to what was approved. There was a great deal of discussion on the possibility of hiring an engineer to review the Shell/Trickett site for compliance with the approved site plan. Mr. Deschaine felt that, because of all the problems on this particular site, this route may be a good one to take. The Board members authorized Mr. Grassie to contact an engineer to inspect the Shell site to for compliance with the approved site plan.

Mr. Federico made another motion to adjourn at 8:47 p.m. Ms. Werner seconded the motion, which passed unanimously.

Respectfully submitted,

Linda A. Beaudoin

Secretary Stratham Planning Board