May 3, 2006

Agenda: The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, May 3, 2006, at 7:00 p.m., at the Stratham Town Hall, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

New Business :

Map 2 Lots 30 & 37 – Site Plan Review for the construction of 250,000 s.f. of new warehouse space and 7,700 s.f. of manufacturing with related infrastructure, located at One Fine Chocolate Place, by Lindt & Sprungli, Inc.

Map 16 Lot 35-5 - Preliminary Site Plan Review for a Day Care Facility located at 347 Portsmouth Avenue, by June Brewster, Kidsway LLC.

Map 18 Lot 13 – Preliminary Subdivision for a 10 Lot Subdivision located on Roby Jewell Lane, by Albert Carbonneau

Map 4 Lot 28-3 - Preliminary Subdivision for a 4 Lot Subdivision located on Wiggin Way by Raymond Carye

Public Hearing:

1. Amendment to the site plan review regulations Section 4.1 Preliminary Consultation, to require a preliminary site plan review on certain site plans prior to submission to the planning board.

2. Amendment to the subdivision regulations to add a new Section 4.7 Affordable Senior Housing in accordance with the authorization present in the Affordable Senior Housing, Ordinance Section 5.7 of the Stratham Zoning Ordinances. These regulations are required to administer and regulate the flexibility to provide a more affordable housing option for our senior population. This amendment sets forth the procedure and standards for the issuance of a Conditional Use Permit for Affordable Senior Housing.

Other:

1. Sub & Site Review Workshop

a. Lot Configuration & Driveway Regulations

b. Active and Substantial Development Regulations

c. Other

2. Other

a. Election of Officers

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

Mr. Grassie noted that this application contains all the data required under Stratham’s Zoning Ordinances, and is ready to be taken under jurisdiction. Mr. Wool made a motion to take these plans under jurisdiction. Mr. Federico seconded the motion, which passed unanimously.

Barry Kimball from the Maguire Group was present to represent the applicant. He stated that the new plan shows the building expansion that was approved a few months ago as an existing building even though it has not yet been built. Mr. Kimball felt the Board would want to do a site walk. He briefly went over the proposed plan. They are proposing a 7,500 sq.ft. addition to the building approved a few months ago. He noted that they had previously obtained approval to put a road across the wetland area on the site. Across the wetlands they are proposing to build a 250,000 square foot warehouse with 50,000 square feet reserved for future development. Mr. Kimball stated that the two buildings would be connected by bridge that would include a conveyor system for pallets. People would also be able to get back and forth from one structure to the other. He went over the truck traffic circulation on the site, the parking, the lot coverage, and open space. He indicated that the building would be 43 feet high, which matches the existing warehouse structure. They are planning on extending the natural gas and waste water facilities from Exeter, but will be constructing a well to service the new building. The fire protection system will be extended to the new building.

Ms. Johnson asked Mr. Grassie to go over his Planner’s Review Memo. Mr. Grassie stated that one of the major items that needed to be determined was whether or not this project would have a regional impact. He went over his memo in detail. He said if the Board decides this project has a regional impact, the applicant would have a hearing at Rockingham Planning Commission (RPC). A set of plans would need to be sent to the RPC and the two other towns it would impact. Mr. Grassie felt that it did have a Regional impact. He noted that he would be dropping off a copy of the plan to the Town’s consultant Civilworks for review. Mr. Barker made a motion to declare that this application has a Regional Impact. Ms. Werner seconded the motion, which passed unanimously. There were brief discussions on: the walkway; the elevation of the parking lot; the water table in the parking lot area; the drainage on the site; the proposed access road to Lindt’s adjacent property and the abutting Residential/Agricultural (RA) property in Stratham, the turnaround for emergency vehicles; and the possibility of needing a traffic study. Mr. Grassie suggested that the applicant talk to the NH Department of Transportation (NHDOT), Division 6, regarding traffic. He said he was also going to be talking to Division 6.

Abutter Kathleen Breslin, asked if the road would affect her family’s property. She was told that it would not affect her property. Attorney Mark Beliveau was representing SIP Lot 5A, SIP Lot 5B, and the Rollins Hill Development. He asked for clarification on what was approved in January and what is being proposed this evening. Mr. Kimball clarified the two applications. Mr. Beliveau asked about waste water and sewerage for the new buildings. Mr. Kimball stated that they have an agreement with the Town of Exeter regarding waste water and sewerage treatment. There was a brief discussion on this agreement. Mr. Beliveau said that Exeter needs to know what Lindt’s projected flow and volume will be before they give Lindt a permit. Mr. Kimball said that most of the waste comes from people not the manufacturing, because chocolate and water do not mix. He indicated that all information would be forwarded to Exeter when they do their application. Mr. Beliveau noted that the building that was approved in January was shown as warehousing but is now going to be manufacturing. He asked if that meant they need to come back because they are changing the use. Mr. Grassie said the change would be made part of the discussions on this proposal. Mr. Beliveau asked if the condition on the previously approved plan, that stated that the applicant must have an agreement in place with Exeter, would also be a part of this application. He was told yes. After a brief discussion, a site walk of the property was scheduled for Tuesday, May 16, 2006 at 5:30 p.m. Everyone would meet at the end of the access road, just before it turns to dirt. Mr. Federico made a motion to continue the application to June 7, 2006. Ms. Werner seconded the motion, which passed unanimously.

Map 16 Lot 35-5 - Preliminary Site Plan Review for a Day Care Facility located at 347 Portsmouth Avenue, by June Brewster, Kidsway LLC:

Dan Tatem from Beals Associations was present to represent the applicant. June Brewster from Kidsway LLC was also present. Mr. Tatem stated that the property has approximately 3.46 acres. It is across from Pheasant Run Condos. He said they propose to move the existing daycare from Stoneybrook Lane to this lot. Ms. Brewster is planning on expanding the capacity of her daycare to handle a maximum of 100 children. Some of those children will be for the after school program from approximately 2:30 p.m. to 6:00 p.m. Mr. Tatem indicated that the existing driveway is a shared dirt driveway with the abutting property. They intend to pave the part of the shared driveway that goes directly to this property. There will be 15 parking spaces for employees, 13 spaces for the public, and 2 handicapped spaces for the daycare facility. They are proposing a small apartment on the second floor of the daycare facility, with four fenced in yards for the daycare children’s use. The shared driveway would also go to the proposed family residence at the back of the property. They are also proposing a 20’ x 40’ pool. Mr. Tatem indicated that the lot is really wooded and would screen much of the development from Portsmouth Avenue and the abutters on two sides. He stated that there are wetlands at the very back of the site. He said the driveway is wide enough so a school bus can turn to drop off children. Mr. Tatem stated that they are aware they need to go to the Zoning Board of Adjustment (ZBA) for a Special Exception for a daycare facility in the Residential/Agricultural Zone (RA), a Variance for multiple buildings on one lot, and a possible Special Exception for an Accessory Apartment.

There were brief discussions: about using the road shoulder as a deceleration lane when coming from Greenland; the number of students being dropped off by buses; the hours of operation; traffic concerns; traffic flow into and out of the property; and the size of the daycare building. Ms. Brewster informed the Board that it is State law that parents must park and bring their children into the building, they can not just drop them off in front. She said having the drop off parking directly in front of the building ensures that parents don’t have to go across a parking lot to bring their children into the building. Mr. Tatem stated that they anticipate going to the ZBA next month. No action was taken on the plan.

Map 18 Lot 13 – Preliminary Subdivision for a 10 Lot Subdivision located on Roby Jewell Lane, by Albert Carbonneau:

Scott Cole from Beals Associates was present to represent the applicant. He gave a brief description of the location and history of the property. He noted that a proposed right-of-way was being provided to the subdivision proposed by Scott Cornell. Mr. Cole said that the lots in this proposed subdivision range in size from 2 to 6 acres, with each lot having a minimum of 15,000 square feet of buildable area. He said that currently there is a right-of-way from Winnicutt Road that is split between Lot #8 in this subdivision and an abutting property. They are planning on cutting off the right-of-way where it splits and deeding the right-of-way to the abutter. He said there are no wetlands crossings. The only permit they need from the State is the Subdivision Approval. Mr. Cole stated that Roby Jewel Lane already has a 30,000 gallon fire cistern. There were brief discussions regarding: the buildable areas on the lots; the proposed right-of-way to the Scott Cornell subdivision; ways to slow traffic down between the two subdivisions; and the right of way on Lot 8. No action was taken on this plan.

Map 4 Lot 28-3 - Preliminary Subdivision for a 4 Lot Subdivision located on Wiggin Way by Raymond Carye:

Mr. Grassie noted that Highway Agent Fred Hutton had come to him regarding a concern about two estate lots in this subdivision. Mr. Hutton seemed to recall that there were restrictions placed on two lots of the original subdivision, but wasn’t sure if this was one of them. Mr. Grassie stated that they had checked available records, and found no restrictions on this lot. He said they would need to do some further research to make sure there are no restrictions.

Jonathan Ring from Jones & Beach Engineers was present to represent the applicant. He gave a brief history of the property. He noted that this is Lot 3 of the Winterberry Subdivision that was approved in 1999. He said they are proposing an 800 linear foot roadway to access these four lots. They would use the existing driveway to create the proposed roadway. He stated that the existing driveway already crosses some wetlands. There were brief discussions on: Mr. Hutton’s concerns; the length of the proposed roadway; if it was possible to have a connection to Winterberry Lane in North Hampton; the wetlands crossing; driveway locations off the proposed hammerhead; how visible the homes would be from Wiggin Way; the wetlands buffers; the type of wells, septic and utilities that may be used; the shape of Lot 4; and the wetland crossing for the roadway. No action was taken on this plan.

Public Hearing:

Amendment to the Site Plan Review Regulations Section 4.1 Preliminary Consultation, to require a preliminary site plan review on certain site plans prior to submission to the Planning Board:

Mr. Grassie stated that this amendment had been discussed at a previous meeting, and was posted for tonight’s meeting. He indicated that this amendment is based on the zoning change that was adopted at Town Meeting this year, and is similar to the one done last year for the Subdivision Regulations. Mr. Grassie paraphrased the proposed amendment. He said there were very little differences between the amendment and what is currently in the Zoning Ordinance. He explained the differences. Mr. Federico made a motion to approve the amendment for a Required Preliminary Site Plan Review as presented. Mr. Wool seconded the motion, which passed unanimously.

Amendment to the subdivision regulations to add a new Section 4.7 Affordable Senior Housing in accordance with the authorization present in the Affordable Senior Housing, Ordinance Section 5.7 of the Stratham Zoning Ordinances. These regulations are required to administer and regulate the flexibility to provide a more affordable housing option for our senior population. This amendment sets forth the procedure and standards for the issuance of a Conditional Use Permit for Affordable Senior Housing.

Mr. Grassie read the proposed amendment and explained what the various sections mean. He stated that he had taken much of this proposed amendment from State and Federal Regulations. He indicated that any waivers that developers ask for must be approved by both the Planning Board and the State before they can be granted. Mr. Barker asked about the maximum number of units per structure. Mr. Grassie said our ordinance limits it to 6 units per structure. Mr. Federico mentioned that a correction was needed in Section 4.7.4b. At the end of line 1, the word should be meet, not met. There was further discussion about spelling and grammar corrections. There were discussions on: how this amendment ties into Stratham’s Zoning Ordinance and Subdivision Regulations; and whether or not developers could build affordable senior housing with the price of land in Stratham. Ms. Werner made a motion to continue the discussion on Affordable Senior Housing until May 17, 2006. Mr. Federico seconded the motion, which passed unanimously.

Lot Configuration & Driveway Regulations:

Mr. Grassie had made the previously requested changes to the draft Lot Configuration and Driveway Regulations. There were a great deal of discussion on the Lot Configuration portion of the proposed amendment regarding: adding view sheds and stone walls to Design Standards; not allowing driveway access over wetlands; how Section 4.4.1x of this proposed regulation would affect the ability to obtain a Conditional Use Permit, and the reasons behind the proposed regulation on Lot Configuration with larger building envelopes. The Board asked Mr. Grassie to eliminate certain sections and change various sections of the proposed Lot Configuration portion of the amendment. There were discussions on the Driveway and Lot Access portion of the proposed amendment; what to keep, eliminate and change. Mr. Grassie will make the changes for the May 17, 2006 meeting.

Active and Substantial Development Regulations:

Ms. Johnson suggested putting off discussion on this proposed regulation until the May 17, 2006 meeting, since it was late. The Board members agreed with Ms. Johnson.

Other:

Election of Officers:

Ms. Werner nominated Janet Johnson as Chair to the Planning Board. Mr. Barker seconded the motion, which passed unanimously. Ms. Johnson nominated Bruno Federico as Vice Chair to the Planning Board. Ms. Werner seconded the motion, which passed unanimously. Mr. Federico nominated Mary Jane Werner as Secretary to the Planning Board. Mr. Grassie explained that the Secretary chairs the meetings if the Chair and Vice Chair are absent. The Secretary is also responsible for making sure that the minutes are filed properly. Mr. Wool seconded the motion, which passed unanimously.

Ms. Johnson stated that the committees to work on Affordable Housing and changes to the Commercial Zone would be formed at the next meeting. Mr. Wool stated that it has come to the Board of Selectmen’s attention that the Vocational Technical School is up for sale. He said the Selectmen are hoping to get the building back on the tax roll. They would like the Planning Board to look at the possibility of doing spot rezoning of the parcel to Commercial/Light Industrial, Professional Office, etc. Mr. Wool said the Planning Board could ask the Selectmen to hold a special Town Meeting to do the rezoning. There was a brief discussion on this issue. Mr. Grassie will work on something for the next meeting.

Ms. Werner made a motion to adjourn at 9:55 p.m. Mr. Wool seconded the motion, which carried.

Respectfully submitted,

Linda A. Beaudoin

Secretary Stratham Planning Board