PUBLIC HEARING

Town of Stratham, NH Planning Board

August 6, 2008

 

AGENDA

 

The Town of Stratham, Planning Board will conduct a Public Hearing on Wednesday, August 6, 2008 at 7:00 p.m., at the Stratham Municipal Complex, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

 

Approval of Minutes:

 

            May 21, 2008

 

            June 18, 2008

 

            July 16, 2008

 

Sign Review:

 

  1. Susan Conway sign review for CVS, Map 7 Lot 6 sub lot 1, Portsmouth Avenue.

 

Application Acceptance and Public Hearing

 

1.                  Map 11 Lot 37 sub lot 1 Proposed village retail development (The Town Center Shops) by Colleen Lake, 156 Portsmouth Ave, Stratham, NH.

 

Other:

 

            Zoning Workshop

 

Members Present:     Mike Houghton, Mike Debitetto, Joe Russell, Marty Wool, Janet Johnson, Bruno Federico and Charles (Chuck) Grassie, Town Planner.

 

Joe Russell stepping in for Mary Jane Werner and Mike Debitetto stepping in for Jeff Hyland

 

Approval of Minutes: Minutes were not approved.  The Chair wanted them to be reviewed prior to being brought back to the board.

 

 

 

Sign Review:

 

  1. Susan Conway sign review for CVS, Map 7 Lot 6 sub lot 1, Portsmouth Avenue.

 

Charles Grassie presented the board with the previous approved CVS sign, and the new proposed CVS sign.  The new sign will have four establishments, which includes CVS, VIP, a new Medical Clinic and the Doctor’s office.  Mr. Grassie stated once you have four businesses on one sign you become a shopping center. That almost doubles the height of the sign.  The sign will be 27 feet high.

 

The board and Mr. Grassie discussed where the welcome to Stratham sign would be located on the sign. Mr. Grassie stated that the Welcome To Stratham sign will be a separate sign and that it be installed prior to the applicant getting the approval.  The new sign is 26.7 ft. high and the other is 24 ft high, and the difference is the peek on the sign. 

 

Mr. Federico made a motion to approve the revised CVS sign with three tenants and the hip roof, along with the Welcome to Stratham sign.  Mr. Grassie stated Mr. Barnes requested that he get a full plan showing the four distinct operations under different proprietorships, which make a common driveway, and parking area. Seconded by Mike Debitetto. Motion passed.

 

Application Acceptance and Public Hearing

 

1.      Map 11 Lot 37 sub lot 1 Proposed village retail development (The Town Center Shops) by Colleen Lake, 156 Portsmouth Avenue, Stratham, NH

 

Mr. Grassie stated the applicant has information that is complete for acceptance and he recommends the board vote to accept the application for jurisdictional review at this time.  Mr. Grassie stated there is one waiver the applicant is asking for, which is on parking.

 

Motion to accept the application made by Joe Russell seconded by Marty Wool.  Motion passed.

 

Wayne Morrill from Jones and Beech Engineers spoke on behalf of the applicant.  Mr. Morrill stated that as they went through the ZBA process they realized that a lot of people in town did not know how much Colleen Lake helped facilitate some things that went on with the Fire Station.  Mr. Morrill stated there was an actual easement agreement that was between the Fire Station and the Applicant. The easement allowed this detention pond to go in and go onto her property. Another thing that was granted was the right to have domestic and fire suppression from the towns well. There was an 8-inch fire suppression line and a 2-inch domestic line that was actually stubbed as part of the Fire Station’s lot onto this piece of property.  Another agreement was the ability to access Route 33 and Portsmouth Avenue through the Fire Station lot.  Those three major things were granted to Colleen Lake because of her cooperation and part of the Fire Station Development. 

 

Mr. Morrill spoke regarding 156 Portsmouth Ave. It is 1.37-acre lot that currently has Colleen Lake’s residents and her home business, the Look located right on the property.  There is an existing driveway coming off of Route 33, which goes into a small gravel parking lot.  The soils on the lot are all accessible well-drained and well-drained soils. The applicant did test pits in the middle of the winter with Richard Bond and found 7-8 ft of pure sand, and no water tables in those test holes until very deep.  Mr. Morrill stated the lot itself is very accessibly well drained. 

 

The proposal is to develop this piece of land in a streetscape design.  It does not have the building up on the road, or have a parking lot you can see from the road.  It is a pure streetscape.  One thing that fits into what the Master Plan is trying to develop.  The applicant went before the ZBA regarding the parking lot. The ZBA made sure the access on the Portsmouth Ave was maintained to the west of the site, and to also make sure there was good traffic between two sites.  The actual Fire Station approval granted this curb cut and part of that was to install a stop sign and a stop bar on that piece of land.  The building itself has 7,805 sq feet of building gross floor. There are also some multiple floors buildings.  The common area breaks up the site and provides some separation for the different uses they are anticipating.  All parking and traffic are based on estimated uses. 

 

Mr. Morrill is requesting a waiver on the parking.  He stated there are 98 required parking spaces and they are proposing 47 parking spaces.  This also goes into what the Master Plan is looking for, which is reduced parking in developments.  Mr. Morrill feels the different uses they have will have adequate parking.  47 Parking spaces go along the back of the property and onto the side.  That is being discussed in the ZBA along with where the dumpster will be.  They have shown a screen dumpster pad location.  The walkway going around all the different uses is trying to create pedestrian access. Mr. Morrill stated in the package the board has on the last page, shows they are doing this with pervious pavers.  One thing they are trying to introduce is getting ground water imploration down through that area.  The all walkways are to be ADA compliant which will allow them to get in and out of the building correctly. It will also allow infiltrations of the ground water into the ground.  That will create a large storage area.  This is a low impact development and they are trying to do some green things on the property to make sure they do not impact the surrounding properties.  The variances the ZBA granted is allowing the applicant to do the development as presented. 

 

The three variances granted are:

 

1.                                          To allow more than one building in the Town Center Zone with a minimum distance of less than 30 feet separating the buildings. 

2.                                          Article 4 Section 2 having a lot with open space less than 50% minimum required.  In the proposed building parking areas have a side and rear open set back that is less than 25 feet required.

3.                                          The proposed building and parking within the Town Center zone with a side and rear set back less than 25feet required.

 

Mr. Morrill stated this plan is a reduction in the gross square footage of what they actually showed to the ZBA.  The applicant removed one building and reduced the impervious on a piece of property.  The applicant is using the existing pond, which is part of the easement agreement between the town and Colleen Lake. The pond was over sized to allow 5,000 sq ft of gross floor area and 25 parking spaces to be stored into that pond. The applicant utilized the existing pond and connecting that with a closed drainage system with Grease hoods. On the Westerly part of the lot they have leaching catch basins because they are not able to catch the water and bring it back to the pond so they will be infiltrating the water in this zone.  There is also a small drainage system almost throughout the area where the pavers have been used.   The pipe system actually allows them to tie all the roof drains into the system and get it into the pond that gets treated and then release correctly. 

 

The existing leach field for Colleen’s house will remain.  They will be proposing a brand new leach field for the retail development.  The proposed gallons per day are 1,070 per day for those units.  They show on the site plan the actual unit and the nitrate setbacks for that. The water will be coming from the well for the fire station lot which has an 8-inch fire line and a 2-inch domestic line to service the buildings. 

 

Under ground utilities from the existing utility pole to a transformer and a LP for the heat and fuel will be used.

 

The applicant choose more of an architectural style light. With sixteen lights being placed throughout the entire parking lot.  Mr. Morrill referred to sheet D2. Mr. Morrill compared it to the lights on the bridge going from Stratham into Newfields, black cast iron with arms coming down.  The applicant is trying to get a different feel more of a Town Center feel.

 

As far as the landscaping goes, the red maples that are in front of Colleen’s house now are going to stay.  One apple tree will be coming down because of the development, but will be adding a large amount of trees throughout the area, including Frasier Fur, River Birch, Crab Apples, three types of holly, three types of roderdentrims, three types of bibrarium, lilacs, lindens any thing to shield the property and add more esthetic look from the road.  In the front of the lot there is a small retaining wall and they are hoping it will tie into the proposed building. Mr. Morrell showed the board what it would look like from Portsmouth Ave, which includes a one-story unit, a small coffee shop and a retail building and a small office.  The last page showed what the buildings look like from the parking lot, looking at the smaller buildings.  

 

Mr. Morrill stated going from the ZBA to the Planning Board is trying to add better design to the site, but keeping the flow between the two lots.  Mr. Morrill referred to the plan.

 

Mr. Morrill stated they have submitted the sub surface disposal to the State of New Hampshire.  The DOT application is going out for review.  It will be a change of use application because of the access agreement going through the fire station.

Mr. Federico stated that he recalled the size of the building being 4,500 sq ft when the board gave the approval.  Mr. Morrill responded, the building approved previous to the Zoning Board was a 5,000 sq ft building with 25 parking spots. Mr. Federico asked Mr. Morrill that when he went to the Zoning Board they asked for 6,500 sq ft Mr. Morrill stated it was 7000 sq ft.  Mr. Federico asked Mr. Morrill if the building has grown over the three renditions that the board has seen.  Mr. Morrill stated it has actual shrank. One building was removed from the development and another 1,000 sq ft building was shrunk to 572 sq ft.  Mr. Morrill stated this plan was brought in front of the Zoning Board and they have added a dumpster area.  Mr. Federico asked for an estimate of trips per day.  Mr. Morrill stated they are having Vaness Associates look into a trip analysis, which will be going along with the application for the state for the access permit.  The board would like to see that.  Mr. Federico wanted to know what the applicants plan was for flow of traffic.  Mr. Morrill stated there is two ways out left and straight.  The agreement signed by the town allowed access to both roads.  Mr. Federico was concerned about the narrow driveway.  Mr. Morrell stated the driveway was designed at 24 ft wide, which accommodates two-way traffic.  Mr. Federico has a concern about the traffic flow through the historical building and the Fire Department building. 

 

Mike Debitetto asked the applicant if on the left side of the first driveway if that was two way traffic.  Mr. Morrill responded that was the existing driveway. When the applicant went through the Zoning Board the applicant tried to indicate to the Zoning Board that, that was going to be Colleen’s driveway into her house, but they insisted that they keep that open for emergency traffic, which is not big enough for two-way traffic.  Mr. Morrill stated they are going to submit that to DOT as full access driveway, and they will bring the response from DOT to the board.  The Morrill is submitting the access driveway to DOT the way they have it currently. Mr. Morrill will let DOT tell them the best way to have the driveway, either full access or one way.  If the driveway becomes a full access it will have to be widened.  Mr. Federico stated if there was an emergency situation that would require blocking that entrance then you may have to divert traffic going through that point.  Mr. Morrill stated they have been speaking to the Chief about what is going on and the chief has signed one of the plans and has made a few suggestions. Mr. Morrill stated he does realize there are concerns with the access road.  Mr. Debitetto asked Mr. Morrill if the permeable pavement blocks are intended for the red area or the parking lot area.  Mr. Morrill stated that will be for all the walkways.  They talked about doing pervious pavement through out the site because of the incredible soils that are out there, but the drainage was already set to be able to have a certain amount of impervious on the lot.  The extra cost would not have been a big gain.  What they did see was the walkways would have added a nice touch and getting ground water back into the ground. Mr. Debitetto asked if there was a space for any future parking.  Mr. Morrill responded by saying there are some areas with fine gravel right now, but it comes back into the traffic management. Depending on the one-way or the two-way, that area may have to be a driveway.  Mr. Hyland suggested moving the building on the corner, to the front in the middle of the two buildings.  It would look nice and then you would be able to move the driveway over and you can use the back corner for additional parking spots.  Mr. Morrell responded by stating that is where the town pond is currently and that would not work.

 

Mr. Wool asked Mr. Morrell how he came up with the gallons for the septic.  Mr. Morrell stated they could have done it two ways which one way is a shopping center using the NH DES rules which you can take each one of the uses and say each one is 50 gallons per day.  That is how the State requires any buildings that are put together. Mr. Morrell said they went a little further. These are anticipated uses and created more gallons per day, so that Colleen has the ability to have different uses in there.  Mr. Morrell stated they are oversized for what the state will tell them they had to have for seven units. 

 

Mr. Wool also was concerned about lowering the parking spaces from 98 to 47 spaces.  Mr. Wool said that Mrs. Lake is going to have to be very careful on what she puts in there and that is going to be hard on her for potential buyers and users.    Mr. Wool asked if there was going to be provisions for worker parking.  Mr. Wool suggested that on the conceptual and the color prints he would try to put in the pond so the board has a better idea of where it is.  The traffic flow will be a concern. Mr. Wool asked Mr. Morrell where the signage would be.  Mr. Morrell stated they would be moving the sign more towards the east where there is a full access driveway.  It would be closer toward unit C.

 

Mr. Debitetto asked Mr. Morrell if in the back of the property where it abuts the congregational Baptist church.  He asked what type of area is behind there. Mr. Morrell stated it is nothing it is all a treat area.  Mr. Morrell stated they have looked but they have not been able to get parking out there at this moment.  Mr. Debitetto thought they have done very nice connections between and bringing everything through.  He just thought that one thing the Gateway is trying to do is to show a potential interconnectivity there, because then potential if there was a parking lot area through that area, it will provide a nice walk way like the applicant has for the pavers.  Mr. Debitetto thought there potentially could be an agreement for over flow parking that would help Mrs. Lake in the future.  Mr. Morrell thought that was a great idea and thought he can show on the plans future connections between the abutters not only the south also the west.  As things develop through those areas they want to make sure they give them designated spots.  Mr. Morrell did not want to show the board less parking than what he has now.  Mr. Morrell is concerned about showing future connections and they are talking about possible traffic concerns with the fire station now.  Add a future connection may add more confusion in the future.  They would like to get more parking and possible have more units.  It is something they have discussed with the church.  They are hoping that when this goes through and Colleen Lake moves forward and that the church will possibly seek to do something as well.  Mr. Morrell stated they are going to pursue some different avenues to get some parking.  It is important to them to.

 

Mrs. Johnson said conceptually she likes it, she knows that Mrs. Lake has spent a lot of time on this.  Mrs. Johnson does have concern with the traffic flow. She is interested to hear what they come up with when they have the trip study done.  Mrs. Johnson also stated where they come out from where the stop sign is how are they going to stop people from going over there for over flow parking.  Mr. Morrell responded that they would discuss that with the fire department and how they can stop people from doing that.  One thing they want to make sure of is not taking all their parking spaces but maybe using it as over flow or employees only that is something they will talk to the fire department about. He does not want them to be designated to Mrs. Lake.

 

What is happening now is that the traffic engineers are running the uses to see what the trips are, then they will submit that to the state, and sitting down with the different abutters to try and figure out flow and access.

 

Mr. Morrell said that there is only going to be one café and it is basically a counter sit down restaurant.  They calculated about 16 seats.  This is not a large establishment and it will be all paper goods.  They are not looking for a large water user. They are restricted on how much water they can use.

 

Joe Russell stated it was a great plan and can’t wait to see the traffic study. 

 

Mr. Morrell said they want people to feel safe going into the establishment because if they don’t feel safe they will not go back.

 

Mr. Debitetto asked Mr. Morrell if the blinking traffic light that is currently there would need to be changed.  Mr. Morrell stated they are having the traffic engineers look into the issues related to the proposal.

 

Mr. Wool stated that what the town is looking at is a controlled light. In case of an emergency the blinking light would turn red, but only for a brief period of time to let the fire trucks out. Then it would resort back to a blinking light.

 

Mrs. Johnson opened up comments to the public.

 

The board questioned Mr. Morrell on what the membership club was.  Mr. Morrell stated it is a yoga studio not a membership club. 

 

Mrs. Lake will be back in front of the board September 2, 2008.

 

Other:

 

1. Cell Tower:

 

Mr. Grassie stated that Town Administrator Paul Deschaine wanted to address the board on the proposed Cell Towner (which was not on the agenda).

 

Mr. Deschaine stated it is a two-step process.  The Town has been negotiating with various cell phone companies over the past two and a half years.  The Board of Selectmen has to review and have a public hearing on about having a proposed cell tower here at the municipal center.  Part of the process before signing onto the lease agreement is to have a series of public hearings.  Under that statute it requires to give notice to the planning board and the conservation commission so they can comment.  At this point the Planning Board can comment on the idea of the cell tower, not the proposal.  Mr. Deschaine showed the board where it was to be located on the property.  We will loose parking but they plan on excavating the hill behind the property for new parking.  Mr. Deschaine stated he hopes this will improve the traffic flow behind the building and by adding additional parking for all the functions the town have.  We will be loosing six spaces, but adding 18-20 in its place.  The height is approx 180 feet.  Mr. Deschaine said they did have a site balloon test a few years ago when the first cell tower was interested in the site.  They put a truck out there and raised it 150 feet. The town notified the public regarding that and the town did not hear any comments about the visual effects of it.  It is proposed to be a mono-pole. Mr. Deschaine said if the Planning Board has any questions or concerns regarding this they can address it to the Board of Selectmen.

 

Mike Houghton asked Mr. Deschaine if the town is selling the land or leasing the land.  Mr. Deschaine said it is like a lease or like an easement lease. It is going to be encumbered for a period of time. It will be recorded.  The town will still have the fee ownership behind it; it will be for 30 plus years. It has aspects of a lease but it is really a temporary easement for a period of time. 

 

Mike Debitetto asked if there is escalation clause in regards to the lease for them selling space on the tower to other providers. Mr. Deschaine stated every provider that goes on, the town gets a bump in the increase and there is also a CPI index on top of that.

 

Mike Debitetto asked Mr. Deschaine if he thought it was a win win situation.  Mr. Deschaine said considering he spent the two years negotiating this he thinks it is a good deal. 

 

Mr. Deschaine said there was going to be some sort of an enclosure.  Mr. Deschaine said certainly a chain link fence.  He said each provider has there own type of set up. Verizon likes the concrete building shed, Sprint likes an out door cabinet.  Mr. Deschaine also stated that the terms of the agreement also allow us to put an antenna on top of the unit for our telecommunication needs. 

 

2. Planners Report:

           

Mr. Grassie briefed the board regarding a regional transportation survey the Planning Commission is doing.  They would like the board to go online and take the survey.  

 

Mr. Grassie stated that they are still working on the Inclusionary Zoning and accessory apartment.  Gateway is coming along and will be meeting tomorrow night August 7 2008. They will be meeting every Thursday night for a period of time. Starting at 6:00 at the Staples parking lot.  They will be starting their review of looking at the commercial area.

 

Motion to adjourn by Mr. Federico.  Seconded By Mr. Wool.  Motion passed.

 

 

 

                                                                        Respectfully Submitted,

 

 

                                                                        Sarah C. Del Rossi     

                                                                        Planning Board Secretary