October 19, 2005

Agenda: The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, October 19, 2005, at 7:00 p.m., at the Stratham Town Hall, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

Old Business:

Map 5 Lots 21 – Site Plan Review for a Change of Use for a Day Care Facility, located at 237R Portsmouth Avenue, by June Brewster d.b.a. Kidsway, LLC

New Business: Application Acceptance & Public Hearing:

Map 7 Lots 6 – Site Plan Review for a Retail Site Development of 26,120 s.f. existing building and new proposed 14,175 s.f. retail building with related parking areas and infrastructure, located at 7 Portsmouth Avenue, by Realty Acquisitions LLC & Seacoast Newspapers, Inc.

Map 2 Lots 27 & 30 – Site Plan Review for the construction of 145,000 s.f. of new industrial & warehouse space with related infrastructure, located at One Fine Chocolate Place, by Lindt & Sprungli, Inc.

Members Present: Chair Janet Johnson, Marty Wool, Bruno Federico, Jeffrey Hyland, and Town Planner, Charles (Chuck) Grassie. Mary Jane Warner arrived a few minutes late.

Ms. Johnson asked Mr. Hyland to act as a voting member this evening.

Old Business:

Map 5 Lots 21 – Site Plan Review for a Change of Use for a Day Care Facility, located at 237R Portsmouth Avenue, by June Brewster d.b.a. Kidsway, LLC.

Mr. Grassie indicated that he had received a new set of plans, which have the property bounds more accurately set, but do not yet have the distances on them. The additional 10 feet for the entry way and the foundations of the existing home and outbuildings are also shown on the new plan. He stated that a number of conditions have been added to the proposed conditions plan. He went over some of the proposed conditions. Mr. Grassie said he had heard from the NHDOT today informing him that they will be sending a letter granting the driveway permit. He noted that he had distributed copies of Steve Pernaw’s report on the submitted traffic report from Beals Associates. Mr. Grassie noted the Mr. Pernaw’s report states that the traffic report from Beals Associates shows a high trip generation that would be in excess of what would actually be generated. Mr. Pernaw was comfortable with the study done by Beals Associates. Mr. Grassie indicated that the applicant had submitted a revised request for waivers letter.

Kenneth Berry, from Beals Associates, was present to represent the applicant. June Brewster was also present. Mr. Berry stated that the applicant has agreed to a 6 foot high, 80 foot long stockade fence in front of the five parking spaces designated as employee parking on the east size of the property. He noted that they have shown a street light on the utility pole at the entrance to the property, as requested by Mr. Federico. He said it would be a dark sky light as specified on the plan. Mr. Berry stated that there had been some concern regarding the existing septic system. They have determined that there are a total of seven bedrooms in the existing configuration. Two bedrooms will remain for the existing apartment. The remaining five bedrooms result in 750 gallons per day. The calculations for the 60 children and 12 employees, @ 10 gallons per day, come up to 720 gallons per day, which is less than the current calculation. He said they will be having a septic system designed, approved and ready to be used if a failure happens with the existing field. Mr. Berry said there an issue had development since the plans were submitted. He handed out sheets that showed a possible change to the driveway, and explained that the driveway does not conform to the original easement that was granted to (Public Service of New Hampshire) PSNH. PSNH would like the driveway moved 45 away from their utility pole. Mr. Berry stated that they are still in discussions with PSNH about this issue. There was a brief discussion on this problem, the width of the driveway, fencing for the play areas, the slope of the driveway, and procedures for pick up and drop off of children.

Janice Pesaresi from Jason Drive said there was talk of two possible apartments. Mr. Berry said he believes that there will be someone living in the daycare center building, and a relative living in the 2-bedroom apartment. Ms. Brewster said that was correct. Ms. Pesaresi suggested putting up guard rails on the slope up to Portsmouth Avenue for icy weather. Mr. Berry stated that there has not been a problem, the driveway is going to be widened, and the side slopes graded so there shouldn’t be any future problems. Larry Schmidt from Jason Drive asked for clarification on what trees, brush, etc. could and/or couldn’t be cut. Mr. Grassie said the applicant is not proposing any cutting, but if they did any cutting, his recommended condition was that they would replant with a dense evergreen buffer. The applicant’s proposed condition is that if they did need to cut anything, they would come back to the Planning Board. Mr. Grassie noted that the condition does not mean they can’t remove dead or fallen trees. The Board felt that Mr. Grassie’s suggest would work best. Mr. Schmidt asked what type of lighting was proposed. He was told that there would be no new lighting, except at the end of the driveway on Portsmouth Avenue.

Mr. Grassie went over the waiver requests in some detail. There was a brief discussion on the various waiver requests. Mr. Federico made a motion to grant the waivers as requested in the memo dated October 19, 2005. Mr. Hyland seconded the motion, which passed unanimously. Mr. Grassie read his proposed conditions for approval, aloud. Mr. Federico made a motion to approve the proposed plan with the eight (8) conditions as noted in the Planner’s Review. Mr. Wool seconded the motion, which passed unanimously.

New Business: Application Acceptance & Public Hearing:

Mark Stevens, a member of Realty Acquisitions LLC, was present, and Jonathan Ring from Jones & Beach Engineers was present representing the applicants. Mr. Stevens described the property. He noted that there is a man made fire pond on the property that has been servicing the Seacoast Newspaper facility. The fire pond is approximately 14,000 square feet. He said it is somewhat silted in, has a chain link fence around it, and is not a significant wetlands habitat. Mr. Stevens said they are proposing to built a 14,000 square foot facility with parking in the front of the property where the fire pond is located. Once Seacoast Newspapers moves from the existing building, they plan on adding more parking. He indicated that the development would be done in phases, but they wanted to show the Board the whole proposal. Mr. Stevens stated that the property has its own well and septic system. They have designed a septic system to accommodate both buildings. They are proposing to relocate the existing well. He noted that they met with the Conservation Commission on August 3, 2005. The Conservation Commission approved the proposed impacts on the wetlands. They also went before the Zoning Board of Adjustment (ZBA), and received their ZBA approvals in August. Mr. Stevens said they have send in their application to NH Department of Environmental Services (NHDES) for their Dredge & Fill Permit. They have also submitted applications for their new well, for their Site Specific application. He indicated that there is a detention pond on site, that only needs to have the outlet modified to accommodate their proposed plans. He noted that when they did the Shaws site, they did an extensive improvement plan to Portsmouth Avenue, which will more than accommodate their new plans. Mr. Stevens stated that their traffic study has been sent to the Town’s consultant, Steve Pernaw, for his review. They have also talked to Division 4 from the State. They are proposing a 30,000 fire cistern or some type of potential municipal system. Since they don’t have an end user, at this time, they would like to work on Site Plan approval now. When they know who their future tenant is to be, they will come back will architecturals, signage, and lighting.

Ms. Johnson expressed a concern about snow removal. Mr. Ring said that note 7 on sheet C2 explains the proposed snow storage/removal plan. Mr. Stevens stated that the site was too small to have heavy equipment on site. Snow removal would be handled by 1-ton trucks or pickup trucks. There would not be any on-site salt or sand. Mr. Stevens said he was willing to put that on the plans. Ms. Johnson asked if the trees behind the Gibbs gas station would remain. She was told yes. She than asked about the trees along the front of the property. Mr. Stevens stated that most of those trees were on the State highway easement to Route 101, and can’t be cut. Mr. Hyland asked about the possibility of relocating the proposed parking areas. There were additional discussions on: the parking location; possible sidewalks on and along the site; setbacks from Portsmouth Avenue; the landscaping plan; and the proposed buildings. Mr. Stevens informed the Board that they will be developing this site as a condominium site. Mr. Federico asked if the new building would be a single retail unit or a multi-retail unit. Mr. Stevens stated that it would be a single tenant retail unit. Mr. Federico made a motion to take the plan under jurisdiction. Ms. Werner seconded the motion, which passed unanimously. Mr. Grassie noted that this application went to Steve Pernaw and Civilworks for review. He said he received Civilworks’ review and forwarded it to Mr. Ring. He expects Mr. Pernaw’s review shortly. Mr. Grassie indicated that the applicant has been to the ZBA and had their Variances granted. Further discussions were had on the sidewalk issue and landscaping. Mr. Federico made a motion to continue this application to November 16, 2005. Mr. Wool seconded the motion, which passed unanimously.

Map 2 Lots 27 & 30 – Site Plan Review for the construction of 145,000 s. f. of new industrial & warehouse space with related infrastructure, located at One Fine Chocolate Place, by Lindt & Sprungli, Inc.

Mr. Grassie indicated that this application is complete enough to take jurisdiction for review and consideration by the Board. He stated that a copy had been sent to Civilworks for review. He expects comments back shortly. Ms. Werner made a motion to take this plan under jurisdiction. Mr. Federico seconded the motion, which passed. John Maynard from the Maguire Group was present representing the applicant. Peter Breed from Lindt & Sprungli was also present. Mr. Maynard briefly went over the application and history of this property. Lindt & Sprungli is proposing two additions to their existing facility. A 54,000 square foot addition to their packing operation, and a 91,000 square foot addition to their warehouse facility. Mr. Maynard said that Lindt would like to do the construction in two phases. Phase one would be the 54,000 square foot building addition, which does not impact wetlands, and the parking expansion. Phase two would be the other addition, that does impact wetlands. They are finalizing their applications for a dredge and fill for the wetland areas, and the site specific. Mr. Maynard noted that each addition would have its own catch basin for roof runoff. The 90,000 square foot addition would require the loop road and the fire line that loops the facility to be moved.

Mr. Wool asked how many additional employees they expect to hire because of these expansions. Mr. Maynard said that was a hard number to gauge. There were brief discussions on: the number of parking spaces; the timing of the phasing; the increase in traffic; a possible emergency access from Rollins Farm Road; and handicapped parking spaces. Mr. Grassie noted that both the Police Chief and Road Agent have reviewed the plans. The Police Chief has concerns about the size of the 90,000 square foot building being too big to be searched properly. Mr. Maynard indicated that the applicant is looking into the emergency access from Rollins Farm Road. Mr. Grassie said the applicant would like to come back before the Board on November 16, 2005. After a brief discussion, Mr. Wool made a motion to continue this application until November 16, 2005. Mr. Federico seconded the motion, which passed unanimously.

Other:

Bob Goodrich, who is one of the Town’s representatives to Regional Planning was present. He said there was a meeting last week in Portsmouth. He noted that Regional Planning’s emphasis seems to be on 10 year transportation programs.

Mr. Grassie informed the Board that he and Ed Minnick from The Rockingham County Conservation District (RCCD) went out to the Trickett (Shell Gas Station) site. Mr. Grassie passed out copies of Mr. Minnick’s report. Mr. Grassie went over Mr. Minnick’s report, which detailed many deficiencies on the site. Mr. Minnick strongly recommended that the Board have Paul Connolly from Civilworks visit the site. Mr. Grassie state that Mr. Connolly will be visiting the site shortly, and will forward a report to Mr. Grassie with his review. Ms. Werner asked about the status of the building’s occupancy, since the Building Permit expired. Mr. Grassie stated that it cannot be occupied, but the owner has been renewing his application on a monthly basis. Mr. Hyland asked who would bear the cost of Mr. Connolly’s inspection and report. Mr. Grassie stated that Bob Sidiropoulos from Trickett Realty Trust will pay those costs. There was a discussion on the problems at this site.

Mr. Grassie noted that he had attended a very good seminar at UNH on storm water management. He went over some of the information he obtained from the seminar. He also attended a workshop on culvert maintenance and installation, and winter road maintenance.

Mark Stevens asked to have a minute of the Board’s time to discuss a possible development that is no longer permitted in Stratham. They would like to do a condominium development like Glengarry Condos on a piece of property they own on Rollins Farm Road. They would either need to obtain a variance or there would need to be a zoning change that would allow that type of development. He felt that if the Town added workforce housing to the newly approved elderly housing ordinance, they could work under that ordinance. Mr. Stevens said that Glengarry Condos are one bedroom units that do not have children, so they contribute tax revenues, but no expense for educating children. There was a discussion on the type of possible zoning change that could be done, access to the proposed project, and possible zoning for that type of development. Ms. Johnson stated that the Board would be discussing this issue further. Mr. Grassie will have a draft of a workforce zoning change on the agenda for the next meeting.

Ms. Werner made a motion to adjourn at 8:44 p.m. Mr. Federico seconded the motion, which carried.

Respectfully submitted,

Linda A. Beaudoin

Secretary Stratham Planning Board