April 20, 2005

Agenda: The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, April 20, 2005, at 7:00 p.m., at the Stratham Town Hall, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

Approval of Minutes: April 6, 2005

New Business:

Map 6 Lots 13-2, 15, & 16 – Application for Lot Line Adjustments for Steven & Jessica Bucknam, James R. Bolduc, and Sylvia Diamond for properties located at 10 Gifford Farm Road, 12 Gifford Farm Road, off Gifford Farm Road.

Other Business:

1. Planning Workshop

2. Any other issues that may come before the Board.

Members Present: Chair Janet Johnson, Timothy Mason, Frank Catapano, Bruno Federico, Mary Jane Werner, and Town Planner, Charles (Chuck) Grassie.

Since neither Frank Catapano nor Kirk Scamman were present tonight, Ms. Johnson asked Ms. Werner to act as a voting member. Ms. Johnson indicated that the April 6, 2005 minutes needed approval. Mr. Federico made a motion to approve the April 6, 2005 minutes as written. Ms. Werner seconded the motion, which passed unanimously.

New Business:

Ms. Johnson asked if the application was complete. Mr. Grassie stated that the application was complete for acceptance. Mr. Mason questioned whether this was a lot line adjustment or a subdivision. He said it seems that they are putting parcels together and creating two lots. He wondered if this application should be noticed as a subdivision instead of a lot line adjustment. He was concerned that members of any Association would get the proper notice to attend. Mr. Grassie indicated that he had done research in the files and had not found any deed restrictions, or any mention of an Association, etc. He said that since there currently are two lots and there will still be two lots after the lot line adjustment, it does not meet the criteria for a subdivision. There was additional brief discussion on this issue. Mr. Mason made a motion to take this plan under jurisdiction. Ms. Werner seconded the motion, which passed unanimously.

Mr. Grassie explained that the applicant owns the lot in the front and has purchased the lot in the back. The applicant was originally requesting to subdivide the property into two lots, but one of the lots would not have enough frontage because of the location of his septic system. The applicant went to the Board of Adjustment (ZBA) for a Variance because of the frontage, which was denied. The ZBA said he could get adequate frontage by creating a small angle in the lot line. Mr. Grassie went over the lot line adjustment in detail. He indicated that the applicant is also proposing a conservation easement for the back of the lots. Mr. Mason asked to see the test pit data. Mr. Grassie distributed copies of the test pit data. Mr. Bucknam stated that all his neighbors showed up at the ZBA meeting and spoke in favor of his application. He said that his neighbors had asked for the Conservation Easement. There was a discussion regarding the existing lot lines; the two lots; and the new lot lines. Mr. Mason asked if anyone had spoken to the Conservation Commission regarding the easement. He felt that the applicant should talk to the Conservation Commission before any mylar is signed. There was further discussion on this issue. Mr. Mason made a motion to approve the lot line adjustment for Map 6 Lots 13-2, 15, & 16 with the condition that the applicant meet with the Conservation Commission and define the easement line, as well as all the usual items that are needed before the mylar is signed. Mr. Federico seconded the motion, which passed unanimously.

Other:

Mr. Grassie mentioned that he had a representative from Pheasant Run Condos visit him today. Pheasant Run Condos is relocating the leach field to their septic system. When they relocate the leach field they would like to put in six additional parking spaces. Mr. Grassie said they discussed gravel vs. paved. They would like to pave the additional parking spaces. He asked the Board if they want the Condo representative to come in for the new parking spaces. Mr. Mason did not feel that they need to come before the Board for six additional parking spaces on that site. He said that the site can certainly support the additional parking spaces. Ms. Johnson expressed a concern about setting a bad precedent. Mr. Grassie did not believe it would do that, but stated that it was up to the Board on whether or not they wished to have them come in. Ms. Johnson said she was comfortable with Mr. Grassie’s recommendation. The other Board members concurred. Mr. Mason cautioned that if the extra parking spaces are going on common land, all association members will need to be notified, and they will need to get approval according their condo documents. Mr. Grassie stated that the Condominium Association had voted to add the extra parking spaces.

Mr. Grassie mentioned that there was a scenario he would like the Board to discuss hypothetically. The possible applicant was before the Board at the last meeting. The Board had sent that person to the Board of Adjustment (ZBA). Mr. Grassie had then spoken to the Town’s Attorney who felt that all that was needed was a waiver from the Planning Board, because the Zoning Ordinance for a pork chop lot refers you to the Subdivision Regulations. Mr. Grassie stated that the Subdivision Regulations are under the purview of the Planning Board, and the Planning Board has the ability to waive those regulations. He said a lot needs to have frontage, but the State law does not define the amount of frontage you must have. Town regulations say a pork chop lot must have 50 feet of frontage in order to get a right-of-way in for the back parcel. The original parcel would need 250 feet or more, but less than 400 feet in order to create a pork chop lot. This person has 205 feet of frontage. Mr. Grassie said that person would like to take the 5 feet of frontage for the rear lot and create a 40 foot easement for the rest of the necessary right-of-way, which would include the driveway for the front lot. There would be a shared driveway for the lots. The Board would need to waive the 50 foot frontage requirement. If the Board would not grant the wavier, then that person would have to go to the ZBA for relief from the Board’s Administrative Decision. Mr. Grassie refreshed the Board’s memory on this situation. There was a great deal of discussion on this matter. Mr. Mason felt that it would set a bad precedent. The Board members wanted to look into this further before they give their opinions.

Mr. Grassie said the Chair had asked about scheduling a joint meeting with the other Boards, Commissions, and Committees to discuss planning issue in Town. He stated that presently there is nothing scheduled for the May meetings, and suggested that May might be a good time to invite the other Boards, Commissions, and Committees to a joint meeting. Mr. Grassie would put together an Agenda for that meeting. After a brief discussion, the Board felt that was a good idea.

Mr. Grassie gave a brief report on the progress of the Master Plan/Route 33 Committee. He noted that he is anticipating an application for the Scamman parcel on the corner of River Road and Portsmouth Avenue that incorporates the realignment of River Road and Frying Pan Lane, between Sherwin Williams and the Shell gas station. Mr. Mason suggested that the Board set aside some time during Planning Board meetings, when there are not applications, for Master Plan/Route 33 Committee to hold their meetings. There was further discussion on this issue and Mr. Mason’s suggestion.

Mr. Mason made a motion to adjourn at 7:44 p.m. Ms. Werner seconded the motion, which carried.

Respectfully submitted,

Linda A. Beaudoin

Secretary Stratham Planning Board