September 6, 2006

Agenda: The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, September 6, 2006, at 7:00 p.m., at the Stratham Town Hall, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

Approval of Minutes: August 16, 2006

Ongoing Business - Continued Applications:

Map 18 Lots 8, 9-3, 12, 13-1 for Scott Cornell, CC Property Group, LLC of 61 Union Road and David Moriaty of Winnicutt Road for a Lot Line Relocation and Consolidation.

Map 18 Lots 9-3, 13-1 for Scott Cornell, CC Property Group, LLC of 61 Union Road for Single Family Open Space Cluster Subdivision – Approval of Yield Plan for a 8 lot traditional subdivision or a 11 lot open space cluster subdivision.

To amend the Site Plan Review Regulations Section 5.2 Landscaping Design Standards to replace the entire section with new standards for landscaping requirements for all Site Review applications brought before the Planning Board.

Other:

Zoning Workshop

Other

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

Ms. Johnson asked Mr. Hyland to act as a voting member this evening. Ms. Johnson stated that the August 16, 2006 meeting minutes needed approval. Mr. Federico made a motion to approve the August 16, 2006 minutes as written. Mr. Wool seconded the motion, which passed with one abstention. Mr. Barker was not at the August 16, 2006 meeting.

Map 18 Lots 8, 9-3, 12, 13-1 for Scott Cornell, CC Property Group, LLC of 61 Union Road and David Moriarty of Winnicutt Road for a Lot Line Relocation and Consolidation.

Mr. Grassie noted that this application will need to be approved prior to the Board approving the Cluster Subdivision. He said it would be contingent upon the applicant getting approval for the Cluster Subdivision. He went over the comments and conditions in his Planner’s Review. He briefly described the lot lines that would be adjusted.

Dave Emanuel from Emanuel Engineering and Attorney Thomas Keane were present to represent the applicant. Scott Cornell was also present. Mr. Barker said he did not see the wells on the some of the lots. He asked if the well radii would be within the lot boundaries. Mr. Emanuel said it was an over-site that two lots did not show the well radii. Mr. Hyland asked about the innovative storm water drainage that had been mentioned earlier in the application process. Mr. Emanuel said they were still working on the drainage. Mr. Grassie indicated that he had suggested some additional items to incorporate in the Declaration of Covenants, Design Guide, Homeowners By-Laws, and Conservation and Deed Easement for the Cluster Subdivision. The Board asked to have two additional conditions added to the Lot Line Adjustment; 8) putting the well radii on the plan, and 9) that approval of the Lot Line Adjustment is conditioned upon approval of the Cluster Subdivision). Town Administrator Paul Deschaine asked if the applicant wanted to have the Lot Line Adjustment conditioned upon approval of the Cluster Subdivision. Attorney Keane stated that the applicant wants the condition to keep any titles to the properties clean. Mr. Barker made a motion to approve the Lot Line Adjustment as presented, with the conditions listed in the Planner’s Review Memo and the two additional conditions as discussed tonight. Mr. Wool seconded the motion, which passed unanimously.

Map 18 Lots 9-3, 13-1 for Scott Cornell, CC Property Group, LLC of 61 Union Road for Single Family Open Space Cluster Subdivision.

Mr. Emanuel gave a brief history of this application. He said they are in the process of addressing Civilworks’ and staff comments. Mr. Grassie indicated that he has spoken to Civilworks regarding their comments. Those comments were regarding drafting errors and omissions.

Mr. Barker said he still had concerns about the wetlands on Lots 9-12 and 9-13. He acknowledged that the applicant had moved the road off the wetlands, but was still concerned about what he believed were driveways crossing the wetlands. Mr. Emanuel pointed out that what looks like driveways is the 50 foot right-of-way that isn’t going to be used. He said that the applicant is very interested in imposing deed restrictions or covenants on the parcels themselves regarding preserving the wetlands areas as they are. There was a brief discussion on shared driveways. Ms. Johnson asked about the low impact drainage design that is suppose to be on the plan. Mr. Emanuel explained how low impact designs (Bio-retention areas) work. Mr. Grassie pointed out that landscaper Matt Gunn was working with the applicant on landscaping incorporating Bio-retention areas on the lots. There was a discussion on: using Bio-retention areas on the lots. Ms. Johnson was concerned about making sure the Bio-retention areas are kept the way they are built. Mr. Grassie said it would be the responsibility of the Homeowners’ Association to police the situation. He stated that the Town would be getting an Asbuilt plan of the development which will include the landscaping plans for each lot. Mr. Hyland asked if the Board would have a chance to review the low impact designs. Mr. Grassie said that could be added as a condition.

Mr. Barker asked about the amount of material that will be dredged from Willow Pond, and how they would do the work. Mr. Emanuel answered Mr. Barker’s questions. Mr. Wool said it looks like they will be dredging two areas. He asked if it would create two ponds. Mr. Emanuel said there would be two dredged areas under water for the hydrants, but it would still be one pond. There was further discussion on the pond dredging. Mr. Grassie noted that Fire Chief Bob Law has asked that the fire pond plans be reviewed by an engineer. Mr. Grassie said the applicant is willing to have the homeowners association for his development be responsible for the proposed dry hydrant on the Willow Pond side and the dredged area servicing that hydrant. He is also willing to dredge the area for the hydrant on the Union Road side. The hydrant on the Union Road side was done by the previous homeowner’s association. In those documents, that hydrant is the Town’s responsibility, which has a right to go onto the property to maintain it. Mr. Grassie said Chief Law indicated that there may be funding available to assist in dredging that area and repairing the hydrant on Union Road. After that the Town would be responsible for the Union Road hydrant. There were brief discussions on: the test pits; the connecting corridor to the open space areas; providing wording to make sure this stays as a private road; having the Town’s attorney review the homeowners’ association documents, by-laws, covenants and easements; and having a Development Agreement with that applicant that will be recorded. Town Administrator Paul Deschaine strongly suggested that the homeowners’ association documents, by-laws, covenants and easements shown under Conditions Subsequent, Section 1(a) and (b) in the Planner’s Review be listed as conditions precedent.

Mr. Federico noted that the applicant had indicated that it was his understanding that the applicant would be restoring the fire pond and then transferring to the Town for maintenance. This evening he heard a different story. He was uncomfortable with the change. Mr. Grassie explained how the change came about. There was further discussion regarding this issue; the low-impact drainage plan; the walking trails; and the connection to the Roby Jewell Subdivision. Several people from the audience expressed a concern regarding the way the applicant plans to dredge the pond, and about making sure it will work as a fire pond after it is dredged. Mr. Emanuel stated that the engineering for dredging the pond had been done for a fire pond. He explained the criteria they used for the engineering. He said the Fire Chief has requested that an engineer review the dredging plans to make sure it would work. Additional discussion was had regarding the fire pond capacity; calculations for the low impact design for drainage; how the pond might be affected, what would be done if the low impact design can’t be used on certain lots; and the low impact design itself. Mr. Cornell said he would like to leave the existing natural trail natural, and only put stone dust on the connection to the Roby Jewell Subdivision. There was a discussion on what areas would have the stone dust and what areas would not. The Board decided to require the applicant to put stone dust on all of the trail, including the natural trail area.

Mr. Wool made a motion to grant a Conditional Use Permit for to allow the cluster development on Union Road as presented. Mr. Federico seconded the motion to grant the Conditional Use Permit. The motion passed with a vote of three in favor and one abstention. Mr. Barker abstained because he was not on the Board at the time the bonus densities were approved. Mr. Grassie read aloud the changes requested by the Board to the conditions listed on his Planner’s Review for tonight’s meeting. There was a brief discussion on whether or not to require a larger culvert along Union Road. It was decided that a larger culvert was not needed. Town Administrator Paul Deschaine suggested that they not approve this application until the plans are redrafted with the requested changes. Mr. Grassie said he would not be at the next Planning Board meeting, so approval would have to wait until the October meeting. Attorney Keane felt the conditions would address any concerns the Board might have. Mr. Grassie said if any Board members, Department heads, or the review engineer had questions after reviewing the plans, signing of the plans could be postponed until those questions are answered. After a great deal of discussion on whether or not to approve this application tonight, Mr. Federico made a motion to approve the 9-lot Open Space Cluster Development for Scott Cornell at 61 Union Road, subject to the precedent and subsequent conditions in the Planner’s Review memo as amended. Mr. Hyland seconded the motion, which passed unanimously.

Ms. Johnson asked if everyone had read the Landscaping Design Standards. Mr. Grassie noted that the changes that were suggested had been made. He said that Mr. Hyland had reviewed the changes. Mr. Hyland said on the last page in the certification box, there shouldn’t be an “I” in CLARB#. Mr. Grassie stated that this section will be added to the Site Plan Review Regulations at the end at this time. It will be fully incorporated into the next complete printing of the Site Plan Review Regulations. Ms. Johnson mentioned the landscaping at the Shell Gas Station. Mr. Grassie noted that the Shell Gas Station has not yet provided the Town with its quarterly well testing. He said he and Code Enforcement Officer Terry Barnes will have to follow up on that. Mr. Federico made a motion to approve the Landscape Design Standards as currently written with the one change discussed tonight. Mr. Wool seconded the motion, which passed unanimously.

Other:

Mr. Hyland gave a quick update on the Ad-Hoc Zoning Subcommittee. He said they had primarily talked about the Vocational Technical School site. They had a quest speaker, Joe Shanley from Shanley Real Estate, who talked about possibly using the site as medical offices, etc. Mr. Hyland said they had discussed having the site be mixed use; some residential, offices, and some retail to support the office space. There was a discussion on possible uses for the Vocational Technical School building, and rezoning the site. The next Planning Board meeting will also be an Ad-Hoc Zoning Subcommittee Meeting. Mr. Grassie noted that there is also one item on the Agenda for the next meeting. He said he would talk to the press about having a news article in the paper about the meeting.

Mr. Wool made a motion to adjourn at 9:20 p.m. Mr. Federico seconded the motion, which carried.

Respectfully submitted,

Linda A. Beaudoin

Secretary Stratham Planning Board