May 18, 2005

Agenda: The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, May 18, 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 20, 2005 & May 4, 2005

New Business:

Application Acceptance & Public Hearing:

Map 4 Lot 33, Subdivision Application for 3 Condex (duplex) conversions, for Bruce Delle Chiaie located on 3, 4, & 5 Stonewall Way, Winnicutt Road.

Map 2 Lot 48-2, Application for Amended Subdivision Plan for Linwood & Nancy Wickett located at 2 Erik Way.

Public Hearing:

Map 3 Lot 46, Conservation Easement for Town of Stratham & Florence Wiggin

located on Squamscott Road.

Other:

Request from Irving Oil to discuss site renovations.

Nominations:

a. Rockingham Planning Commission Members (2 members)

b. Planning Board Representative to the Heritage Commission

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

Ms. Johnson mentioned that the minutes from April 20, 2005 and May 4, 2005 needed approval. Mr. Federico made a motion to approve the April 20, 2005 and May 4, 2005 minutes as written. Mr. Catapano seconded the motion, which passed unanimously.

New Business:

Map 4 Lot 33, Subdivision Application for 3 Condex (duplex) conversions, for Bruce Delle Chiaie located on 3, 4, & 5 Stonewall Way, Winnicutt Road:

Mr. Grassie informed the Board that this was an approved subdivision. He stated that Bruce Delle Chiaie built duplexes on the three lots, which he now wants to convert to condexes. Mr. Grassie indicated that the required floor plans, site plan showing common and limited common areas, and the condominium documents have been submitted for review. He said that everything was in order. Mr. Mason made a motion to accept the application for review. Mr. Federico seconded the motion, which passed unanimously. Mr. Delle Chiaie stated that they were converting to condexes to make sure that all owners have equal rights and responsibilities. Mr. Grassie informed Mr. Delle Chiaie that he will need to submit deeds and mylars for recording. Mr. Mason made a motion to approve the plan for Map 4 Lot 33, Subdivision Application for 3 Condex (duplex) conversions on 3, 4, & 5 Stonewall Way off Winnicutt Road. Mr. Catapano seconded the motion, which passed unanimously.

Map 2 Lot 48-2, Application for Amended Subdivision Plan for Linwood & Nancy Wickett located at 2 Erik Way:

Mr. Grassie indicated that the application was ready for acceptance. Mr. Mason made a motion to accept the application for review. Mr. Catapano seconded the motion, which passed unanimously. Mr. Grassie gave a brief history on this application. The original subdivision was done some time ago. A piece of land was attached onto this lot, which should not have been attached. The applicants would like to get the records straightened out at the Registry of Deeds. Attorney Patrick McNicholas was present to represent the applicants. He gave a history of this matter. There was a brief discussion regarding this subdivision error. Mr. Grassie noted that the applicants will need to provide a mylar and fees for recording. Mr. Mason made a motion to approve the revised plan for Map 2 Lot 48-2, 2 Erik Way for Linwood & Nancy Wickett with Mr. Grassie’s conditions. Mr. Catapano seconded the motion, which passed unanimously.

Map 3 Lot 46, Conservation Easement for Town of Stratham & Florence Wiggin located on Squamscott Road.

Mark Sykas from the Ad Hoc Conservation Bond Subcommittee was in attendance to give a presentation on the Conservation Easement on Florence Wiggin’s property at Map 3, Lot 46 on Squamscott Road. The conservation easement will be on 35.53 acres out of 43.42 acres. On this particular parcel, there is a condition in the Conservation Easement that any farm buildings on the conserved land must be at least 500 feet back from the road to preserve the view shed. Another condition is that any farm buildings within the Conservation Easement cannot exceed a certain percent of the easement. The Town will be paying $380,000 for the easement. He gave a brief description of the land. Mr. Mason asked if the cost of this easement is coming out of the Bond money or Current Use. Mr. Sykas stated that the money was coming out of Current Use. Mr. Mason made a motion to authorize Ms. Johnson to sign the mylar for the conservation easement on Florence Wiggin’s property at Map 3, Lot 46 on Squamscott Road. Mr. Federico seconded the motion, which passed unanimously. Ms. Johnson signed the conservation easement mylar.

Other:

Request from Irving Oil to Discuss Site Renovations:

Mr. Grassie stated that Irving Oil is going to be doing renovations to their building and site. He had one set of plans, which he put up on the Board for everyone to see. He said that he and Building Inspector Terry Barnes have some concerns with those plans. One concern is about the cowling/shroud on their gas pumps that looks like a wing or boomerang. Mr. Grassie and Mr. Barnes wanted the Board to review the plans to decide whether Irving needs to come before the Board for an amended site plan review or not. Mr. Grassie went over the changes Irving wants to make. Those changes include: changing the color of the building; reducing the wattage of the lighting; and new signage, which would include the shrouds. Mike Tierney from Irving Oil Co. was present to answer any questions regarding the proposed changes.

Mr. Mason stated that a lot of time and effort was put into the original approval for the Irving Gas Station. He felt that the current building was nice looking. He did not like the proposed changes, especially the shrouds. He noted that Irving has added spot lights to the canopy. Mr. Mason said he wants to see a lighting plan that shows the reduced the lighting. He stated that the ice machine and the LP bottles in front of the store were not shown on the original site plan review. He felt that Irving should come back for an amended site plan. Mr. Catapano agreed with Mr. Mason’s comments. Mr. Tierney said they would provide a lighting plan. Ms. Johnson also agreed with Mr. Mason’s comments. There was further discussion on the Board’s concerns with the proposed changes, and what led to the applicant coming before the Board tonight. It was decided that the proposed changes warrant the applicant coming back to the Board for an amended site plan review. Town Administrator Paul Deschaine pointed out that the applicant will need to get a direction from the Board on what changes they can continue with and what they changes need to stop immediately, until the site plan review is completed. There was additional discussion on the color of the paint, the shrouds, the lighting, and the signage. The applicant will need to stop using the spot lights, and will not be able to put up the shrouds on the gas pumps.

Nominations: Rockingham Planning Commission Members (2 members), and Planning Board Representative to the Heritage Commission.

Mr. Grassie noted that it was time to nominate two members of the Planning Board as representatives to the Rockingham Planning Commission. He stated that, currently, Marty Wool is Stratham’s representative to the Rockingham Planning Commission. Mr. Wool had expressed a wish to continue as a Commissioner, and Bob Goodrich had expressed an interest in becoming a Commissioner. There was a short discussion on the duties of a Commissioner, and the nominees qualifications. No decision was made at this time.

Mr. Grassie indicated that the Board also needed to appoint a representative to the Heritage Commission. Mary Jane Werner had expressed an interest in filling that position. Mr. Catapano nominated Mary Jane Werner as the Planning Board representative to the Heritage Commission. Mr. Mason seconded the nomination, which passed unanimously.

Other - continued:

Mr. Federico brought up Trickett Realty Trust’s approval for the Shell gas station on the corner of Frying Pan Lane and Portsmouth Avenue. He stated that the approval included a stone wall in the front of the site. They have put in a block wall, which is not what was approved. Mr. Grassie said it was his understanding that the change was approved by the previous planner. He was told that the Board did not remember any such change. There was a discussion on what was originally approved, and what changes have been made during construction. Mr. Grassie will search the file for documentation on the changes. Marty Wool pointed out that Roger Groux from the Honda Barn is watching what goes on at this site very carefully, because he took the Town to court over this site. Mr. Groux could take the Town back to court is he is not comfortable with the changes being made. Mr. Grassie will have Trickett Realty Trust come in to the Board for a compliance review.

There was a discussion on what types of changes to plans Mr. Grassie, as Planner, can make on his own and what types need to come back before the Board. Mr. Mason said that the Planner should document any changes agreed to and make sure that the file and the Board members get copies of that documentation. Mr. Mason suggested that the Board might want to consider having a workshop visit to the site of approved applications when they are nearing completion to see how the approval actually works on the sites as a learning tool for Board members. Mr. Grassie informed the Board that he would be out of the office at a Planner’s Conference and then on a short vacation. He will be back in the office next Thursday.

Mr. Catapano made a motion to adjourn at 8:08 p.m. Ms. Mason seconded the motion, which carried.

Respectfully submitted,

Linda A. Beaudoin

Secretary Stratham Planning Board