February 15, 2006

Agenda: The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, February 15, 2006, at 7:00 p.m., at the Stratham Town Hall, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

Application Acceptance & Public Hearing:

Map 2 Lot 32-3 – Marin Way (Stratham Industrial Part, Lot 3) – by SIP Lot 3, LLC for a Site Plan Review for the elevations, lighting, signage & related issues of a 100,750 s.f. Industrial Warehouse with Office Space.

Continued Application:

Map 4 Lot 35 - Fat Cod Depot – Proposed Agricultural/Landscaping Business by Matt, Jenn & Max Gunn located at 173 Winnicutt Road. Proposal to use existing farm for the production of plant and shrub product and to house their landscaping business on the site.

Other:

Map 9 Lot 27-2 – Trickett Realty Trust – 46 Portsmouth Avenue – Site Walk to view lighting and project completion issues.

Other

Members Present: Chair Janet Johnson, Bruno Federico, Kirk Scamman, Frank Catapano and Town Planner, Charles (Chuck) Grassie. Ms. Johnson noted that Jeffrey Hyland will not be in attendance tonight, and Mary Jane Werner will be late.

Mr. Grassie indicated that the application was complete enough to take under jurisdiction. He indicated that the Board had approved their site plan back in November 2005. He said tonight they need to get their elevations, lighting and signage approved. Mr. Scamman made a motion to take this application under jurisdiction. Mr. Catapano seconded the motion, which passed unanimously.

Mark Stevens was present representing SIP Lot 3, LLC. He pointed to the architectural renderings of the warehouse facility. He briefly went over the three elevations. He said they are trying to duplicate the look of the Soltec/Vitronics building in the Industrial Park to create a low campus look. They had submitted plans showing the landscaping, lighting, and sign location. They had also submitted a picture of the proposed sign. Mr. Stevens said it would be a 4’ x 6’ monument type sign. He described the lighting that would be installed. He stated that none of the light will go over the property line. He said they are going to be planting large trees to help camouflage the size of the building. He went over the landscaping and lighting plans in more detail.

Mr. Federico asked about the location of the HVAC units. Mr. Stevens said they would be on top of the building, and will be very difficult to see. There were discussions on: the lighting; landscaping; the siding on the building; the sign; and fire protection. Mr. Stevens indicated that they would be installing an EFSR fire protection system connected to the pond that is in front of Lot 4. The pump station will be rebuilt in order to get the volume of water they need. They will also be installing two hydrants at the request of Fire Chief Bob Law. Mr. Stevens stated that there would also be manual smoke hatches on top of the facility. An abutter from North Hampton asked if the lighting and trees would encroach on North Hampton. He was told, no. There was additional discussion on this issue. Mr. Grassie read his comments in the Planner’s Review dated February 15, 2006 aloud (see file). Mr. Federico made a motion to approve the Site Plan Review for SIP Lot 3, LLC for Map 2 Lot 32-3 with the conditions stated in the Planner’s Review dated February 15, 2006. Mr. Scamman seconded the motion, which passed unanimously. Ms. Werner arrived at 7:40 p.m.

Map 4 Lot 35 - Fat Cod Depot – Proposed Agricultural/Landscaping Business by Matt, Jenn & Max Gunn located at 173 Winnicutt Road. Proposal to use existing farm for the production of plant and shrub product and to house their landscaping business on the site.

Mr. Scamman stepped down as Selectmen’s Representative due to a conflict of interest. Marty Wool took his place as Selectmen’s Representative. Matt Gunn was present to represent himself and his wife, Jenn. He gave a brief history of this application. He noted that a site walk had been done on his property on February 3, 2006. As a result of the site walk, and comments by the Board, they had made some changes to the site plan. Mr. Gunn went over the proposed changes to the plan in detail. They hope to be able to do some type of planting within the well easement on their property. Mr. Gunn stated that they are in discussions with NHDES and Aquarian Water Company regarding the planting. He said they are pretty confident the discussions will be productive.

Ms. Johnson asked about the status of the talks with NHDES regarding planting within the well easement. Mr. Grassie stated that Mary Currier from the Rockingham County Conservation District was investigating what type of plantings the applicant could do in the area. Ms. Currier will have a list ready for when the applicant goes back to the Zoning Board of Adjustment (ZBA) for their Variance. Mr. Gunn said he has been told that permanent planting within the well easement should not an issue, once he has approval from NHDES. Mr. Grassie explained the proposed plan in more detail. He said that, due to the limited areas for stock plantings and the time it takes to grow stock plantings, the applicant would like to have the Board look at this plan from the perspective of a landscaping business. Ms. Johnson said she still had some concerns about approving a commercial use in the Residential/Agricultural Zone. There were discussions on the possible number of employee trips back and forth to the property during the day; allowing this type of business in a Residential Agricultural Zone; the type of materials that will be stored on site; improving the view of the property; and the location of the proposed parking. Mr. Gunn noted that he had letters from three abutters stating that the impacts from their business are minimal. Mr. Wool asked for clarification of why the applicant is before the Planning Board. He noted that they still need to go back to the ZBA for a Variance. He asked if the items approved by the Planning Board tonight would be conditions of that approval, if the ZBA approves the Variance. Mr. Grassie said yes. He said that the ZBA was looking for input from the Planning Board and what the Board would recommend as conditions for approval. There was further discussions on Mr. Wool’s question; the concern about setting a precedent of allowing commercial uses in a Residential Agricultural Zone; conditions they could put on any approval; the limits for expansion on this site; and what might be allowed within the well radius.

Lucy Cushman, from the audience, stated that she has not noticed any increase in traffic from the applicant’s site. She spoke in favor of this application. Kirk Scamman, from the audience, expressed a slight concern about increased traffic and noise from the property, but was generally in favor of this application. There were discussions regarding proposed conditions for this application. One of the conditions could limit the maximum number of allowed employees. Mr. Grassie read the proposed conditions from his Planner’s Review dated February 15, 2006. There were additional discussions on the maximum number of vehicles for employees that would be allowed; the maximum number of commercial vehicles and type of vehicles; plant screening for the trucks; making sure the Shoreline Protection Zone is shown on the plan; and signage. Bob Goodrich and Lissa Ham from the audience, spoke in favor of this application. Mr. Federico suggested that there be a limit of 20 vehicles for staff parking. Ms. Johnson suggested that vehicle maintenance be done offsite. She and Mr. Federico also wanted the plan to show that no commercial activity (related to the non-agricultural activities) would be allowed west and south of the house. Mr. Wool asked if the applicant would need to come back to the Planning Board after they get their Variance from the ZBA, if they do. Mr. Grassie said no, unless the ZBA makes changes to the plan. Ms. Johnson asked when they would be going to the ZBA. Mr. Grassie stated that, if they get their approval tonight, they can go before the ZBA on March 21, 2006. Mr. Catapano made a motion to approve the application for Map 4, Lot 35, Fat Cod Depot, 173 Winnicutt Road, with the 12 conditions listed in the Planner’s Review of February 15, 2006 and discussed tonight, including the condition that they get their Variance from the ZBA. Mr. Wool seconded the motion, which passed unanimously.

Other:

Mr. Grassie handed out copies of changes to Section 2.2 Preliminary Consultation requirements. He indicated that it would be discussed at the next meeting. He also handed out copies of registration forms for the Spring Planning Conference, and encouraged the Board members to attended.

Map 9 Lot 27-2 – Trickett Realty Trust – 46 Portsmouth Avenue – Site Walk to view lighting and project completion issues:

Town Administrator Paul Deschaine indicated that he had drafted an Interoffice Memorandum regarding the meeting that was held on November 29, 2005 regarding Trickett Realty Trust (Shell gas station). The memo documents what general deficiencies occurred out there that Bob Sidiropoulos, from Trickett Realty Trust, would need to correct before the Town would even consider issuing a Certificate of Occupancy. Mr. Deschaine went over the items listed in the memo. Item 9 relates to the lighting. Mr. Grassie noted that the approved plan states that Mr. Sidiropoulos can exceed the Town’s regulations up to 25 foot candles. Mr. Sidiropoulos’ engineer argued that the 25 foot candles is after the burn in period. Mr. Grassie said his interpretation would be that the 25 foot candles would be before the burn in period, so that eventually the lighting would meet Town regulations. Mr. Federico made a motion to recess to 46 Portsmouth Avenue for a site walk at 8:24 p.m. Mr. Catapano seconded the motion, which passed unanimously.

The Board reconvened at the site at 8:45 p.m. Bob Sidiropoulos, from Trickett Realty Trust, Gregg Blood, Tony Guba from Ayub Engineering, and Jeremy Ricks were also present. Mr. Catapano discussed stabilization of the banks. The Board then viewed the weir. Tony Guba discussed the rate of flow from the weir. Mr. Catapano recommended stabilization of the pond area and bonding. Mr. Catapano made a motion to require Mr. Sidiropoulos to install a 25 foot berm covered by jute matting at the end of the weir to direct water flow. Mr. Scamman seconded the motion, which passed unanimously. The Board then checked the lighting at numerous locations on the site. The lighting was within plan standards. The Board than addressed the curbing. Much of the curbing is in need of backfilling. Mr. Sidiropoulos requested a final checklist. The Board indicated that they would give him a list. The grass and landscaping was discussed next. Mr. Grassie reviewed a possible new list of items. Mr. Sidiropoulos asked what he needed to do to get the bond released. Mr. Grassie will give him a list of things that need to be completed for the bond to be released. Mr. Grassie and Mr. Catapano will do an inspection of the site on Thursday, February 16, 2006 to view the repairs and installation of the jute matting.

Ms. Werner made a motion to adjourn at 9:39 p.m. Mr. Catapano seconded the motion, which carried.

Respectfully submitted,

Linda A. Beaudoin

Secretary Stratham Planning Board