December 15, 2004

Agenda: The Town of Stratham, Planning Board conducted a Public Hearing on Wednesday, December 15, 2004, at 7:00 p.m., at the Stratham Town Hall, 10 Bunker Hill Avenue, Stratham, NH to consider the following:

Approval of Minutes: October 6, 2004 and November 3, 2004

Old Business - Public hearing:

Map 16 Lot 16 – Application for a 5 lot subdivision for Timothy & Thomas Phoenix, located on Lovell Road and Linwood Lane.

New Business - Application Acceptance and Public Hearing:

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

Public Meeting:

Map 1 Lot 13 - Conceptual Discussion for Site Plan and possible realignment of River Road and Frying Pan Lane for Regatta Group. LLC.

Other:

Public Hearing on 2005 Zoning Questions

Members Present: Chairman Ken Cornwell, Tim Mason, Kirk Scamman, Bruno Federico, Janet Johnson, Frank Catapano, and Town Planner, Charles (Chuck) Grassie.

Mr. Cornwell mentioned that the October 6, and November 3, 2004 meeting minutes needed approval. Mr. Mason made a motion to approve the October 6, and November 3, 2004 meeting minutes as written. Mr. Federico seconded the motion, which passed unanimously.

Map 16 Lot 16 – Application for a 5 lot subdivision for Timothy & Thomas Phoenix, located on Lovell Road and Linwood Lane:

Mr. Grassie indicated that he had received a letter from Altus Engineering addressing the fire cistern and a waiver request from the cistern construction requirements. They met with Fire Chief Bob Law, and it was agreed that they would provide a $30,000 contribution in lieu of constructing the fire cistern. Mr. Grassie stated that he had received a letter from Mr. Law regarding the agreement. Eric Weinrieb from Altus Engineering was present to represent the applicant. Tom and Cheryl Phoenix and Attorney Michael Donahue were also present. Mr. Weinrieb agreed to show a fire cistern easement on the plan for possible future placement of a fire cistern. Mr. Grassie stated that the applicant was also requesting a waiver from the Town’s Subdivision Regulations Section 4.5.1(f) – Street Construction Standards, which require a 4:1 side slope for roadside ditches. He said that the 50 foot right-of-way doesn’t provide adequate room to provide the 4:1 side slope. Mr. Weinrieb gave a brief history of this application, and a description of the subdivision. He noted that there had been some concern regarding the wetlands mapping. He stated that the wetlands had been remapped. They only had to reapply the wetlands setback. They have completed the full roadway plan and profiles, which has been review and approved by Civilworks. Mr. Weinrieb noted that there would be an 1,830 square foot wetlands disturbance to access the uplands area of Lot 2 where the house would be built. He said they are meeting with the Conservation Commission in January and will be applying for their Wetlands Permit. Mr. Weinrieb described the roadway in detail and the need for the waiver request for the side slope. He noted that the size of the cul-de-sac has been reduced. He said that Highway Agent Fred Hutton had no concerns about the reduced cul-de-sac size. Mr. Weinrieb pointed out the location of the easement for a possible future fire cistern. They have submitted to the State for their subdivision approval, but have not yet received it. He indicated that he had read Mr. Grassie’s comments regarding the trees in the right-of-way. Mr. Weinrieb stated that it was their opinion that the trees, at this point, belong to the abutters. He said they are welcome to do what they want with them, at this point.

Ms. Johnson asked what type of homes the applicant would be building. Mr. Weinrieb indicated that they would be building single family homes. Mr. Scamman asked if Lot 1 with its 1.99 acres met zoning. Mr. Weinrieb said this subdivision is in the MAH Zone, which has a 1 acre zoning. There was a discussion regarding the driveway locations. Mr. Weinrieb stated that the locations of the driveways for Lots 1, 3 and 4 are typical locations, but the driveway for Lot 2 is shown exactly where it will be located. It cannot be moved. He said it would be constructed as part of the subdivision to deal with the wetlands and part of the storm management for this subdivision. Mr. Grassie said he did not mention the Piper parcel in his memo. He indicated that this issue needed to be dealt with. Attorney Michael Donahue stated that he had submitted a memo that addresses the Piper parcel. The memo explains the history of the Piper parcel, and how it came to be in limbo. He suggested that the Board might want to have the Town’s attorney, Lynn Morse, review the memo and documentation, at the applicant’s expense. Mr. Donahue feels that best way to address this situation is to commence a quiet title action. Mr. Mason asked if the applicant had talked to the Conservation Commission regarding the wetlands crossing. Mr. Grassie said they had spoken to the Commission quite a while ago. Ms. Johnson asked if the change to the definitions of wetlands would affect this application. Mr. Grassie did not think it would affect this application.

Charles Polito, an abutter from Linwood Lane whose land abuts the existing hammerhead, felt that he and the other abutter to the hammerhead should be informed about which trees were being removed and should be reimbursed for those trees. He said the edge of the right-of-way on the hammerhead had not yet been surveyed. He expressed a concern about the construction traffic, and suggested that the right-of-way be paved before any construction work on the site itself starts. He also suggested that the Board put a condition on the approval to limit the hours of operation; limit the number of days construction can be done; make sure that construction trucks won’t be parked on the hammerhead; and ask the applicant to limit, as much as possible, the disturbance of the stonewalls on the property. There additional discussions regarding: Mr. Polito’s concerns; the stability of the right-of-way for a road; and the added traffic. Mr. Cornwell agreed with Mr. Polito regarding the stone walls. Mr. Weinrieb stated that the only portion of the stone walls that will be removed is in the 50 foot right-of-way. Mr. Donahue said that they have made an offer of $4,000 to Mr. Polito and the other abutters, the Kelly’s, to use, at their discretion, for screening, fencing, etc. Mr. Donahue said that whoever clears the trees would get the value of the trees. The abutters would get notified when they expect to start construction. The abutters can remove the trees for their benefit before that date. He stated that the applicant would be comfortable with making the $4,000 compensation to the each of the abutters at the time construction begins, a condition of the approval. Mr. Polito stated that he wants to preserve as many trees as possible, not get money from cutting them down. He read from Subdivision Regulations Section 4.2.4 – Preservation of Natural Features; and Section 4.6.9(a) – Road Specifications – Purposes. Mr. Cornwell said the applicant was using the best engineering practices for the roadway design considering they only have a 50 foot right-of-way. Abutter Paul Kelly expressed a concern regarding the trees and the 2:1 grade on the roadway. Bill Cummings, from the audience, asked about the Piper lot, and the wetlands crossing for Lot 2. There was additional discussions on roadway design and grades; the tree removal; the Piper lot; and the wetlands crossing for Lot 2. Mr. Mason suggested that the two abutters sent a letter to Highway Agent Fred Hutton asking to be notified about when the pre-construction meeting will be held, so they can attend.

Mr. Cornwell reminded the Board that the applicant was requesting a waiver from the Town’s Subdivision Regulations Section 4.5.1(f) – Street Construction Standards, which require a 4:1 side slope for roadside ditches. Mr. Mason made a motion to grant the waiver request from Subdivision Regulations Section 4.5.1(f) – Street Construction Standards – side slopes. Mr. Catapano seconded the motion, which passed unanimously. Mr. Grassie briefly went over the proposed conditions to the approval of this application. Mr. Cornwell asked Mr. Catapano to act as a voting member for this application. Mr. Mason wanted to make sure that there were no conditions attached to the $30,000 water supply contribution. Mr. Donahue said it was his understanding that there were no strings attached to the contribution. Mr. Scamman asked where the money would be going. Mr. Grassie stated that it would be in an escrow account through the General Fund. Mr. Scamman made a motion to approve the subdivision plan for Map 16 Lot 16 located on Lovell Road and Linwood Lane, with the conditions previously discussed. Mr. Mason 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 applicant had neglected to notice the supposed owners of the extra piece of land. He said they did not have an address for the supposed owners (Littlefield). Mr. Grassie gave a brief history of this parcel, which is very unclear. The parcel has a tail end that may never have been transferred as part of the original subdivision. The Wickets would like to get this issue cleared up. Since the applicant did not notice the Littlefields, Mr. Grassie recommended that the Board continue this application. The applicants would like to continue this application to the January 5, 2005 meeting, so they can send notice to the Littlefields. Attorney Patrick McNicholas was present to represent the applicant. He asked if everyone would need to be renoticed, or just the Littlefields. Mr. Cornwell said if this application is continued, only the Littlefields would need to be noticed. Mr. McNicholas gave a brief outline of the situation with this parcel. There was a brief discussion regarding who might own the tail end of the parcel. Mr. Mason made a motion to continue this application to January 5, 2005. Mr. Federico was asked to act as a voting member for this application. Ms. Johnson seconded the motion, which passed unanimously.

Other:

Mr. Cornwell mentioned that the mylar and blue line plans for Meadowview Plaza, Map 9, Lot 17-2 needed to be signed. Jonathan Ring from Jones & Beach Engineers was present to represent the applicant. He indicated that the requested changes had been made to the mylar and blue line plans. He went over the changes that had been made. Mr. Cornwell signed the mylar. The applicant will need to bring in a check for recording fees.

Map 1 Lot 13 - Conceptual Discussion for Site Plan and possible realignment of River Road and Frying Pan Lane for Regatta Group. LLC:

Kirk Scamman stepped down because of a conflict of interest. Douglas Scamman was present as the owner of the property. He had brought in the mylar for his 2-lot subdivision of this parcel. The subdivision had been approved at the December 1, 2004 meeting. He just had to submit a mylar and plans, with a minor change, for signature. He noted that the requested connection between lots had been added to the plan. Mr. Grassie indicated that the discussion this evening is basically for the easement that the Board would be looking at during the Site Review, and if this plan is something that is workable on this property. He asked if it would be possible to get a future road access behind the two parcels. Mr. Scamman said it was a possibility. Mr. Grassie stated that Mr. Scamman had approximately 100 feet between the 2 lots that were subdivided from the original parcel and the next property. There would not be enough frontage to put in a lot. Mr. Grassie said that would be a good location for a road. He indicated that if a road easement did not go in that area, the Board would need to look at utilizing some of the land from the newly created lots so a road could come up between them. Mr. Grassie gave an outline of a possible future roadway configuration to realign River Road and Frying Pan Lane. Mr. Scamman stated that he had a possible future road or driveway in mind when he did the 2 lot subdivision. Mr. Cornwell mentioned that another option for realigning River Road and Frying Pan Lane is on property across Portsmouth Avenue from River Road on another piece of Scamman property.

Attorney Bill Tanguay from McNeill, Taylor & Gallo was present to represent the Regatta Group who runs “Golden Harvest”. Mr. Tanguay stated that this would be on the lot that has frontage on River Road. He indicated that they are aware that the Town’s concerns regarding any future realignment or drainage could be discussed during the site review process. He said they expect to file a Site Plan application soon. They are also aware of the Town’s Master Plan to realign roads along Portsmouth Avenue wherever possible, including River Road and Frying Pan Lane, as well as a right-of-way through the back of property across from River Road. Mr. Tanguay gave a brief description of their proposed plan. He said this was a good plan as long as River Road goes in front of the proposed retail building, but would be a bad plan if the road goes along the back of the property. He asked for the Board’s input regarding the road location. There was a great deal of discussion regarding the realignment of River Road and Frying Pan Lane. Mr. Cornwell and Mr. Mason said they feel the best way to realign the two roads would be to use the right-of-way across the street on the Frying Pan Lane side. Mr. Mason expressed a concern regarding increased traffic at the River Road/Portsmouth Avenue intersection. Mr. Federico agreed with Mr. Cornwell and Mr. Mason regarding the location for the realignment. There were additional discussions regarding: what will be seen from Portsmouth Avenue when you are going towards Exeter; keeping the colonial type look for the proposed building; curb cuts on Portsmouth Avenue; the possibility of connecting Shaw’s with River Road in the back of the Subaru garage; whether or not the applicant would need a fire cistern; landscaping; and the future road connection to Mr. Scamman’s remaining lot and Lot 2. Mr. Scamman would like the 60 foot right-of-way for the future road to be on his remaining land. There was a great deal of discussion about putting the proposed 60 foot right-of-way on Mr. Scamman’s 2 lot subdivision plan. It was decided that the signed mylar and blue line drawings for the 2 lot subdivision will be redrawn to include the proposed 60 foot right-of-way up to Lot 2, at this point. Once the plan is redrawn, Mr. Cornwell will sign the mylar outside of a public hearing. Mr. Grassie stated that if a road is built on the 60 foot right-of-way, Lot 1 should be required to connect to the new road and abandon one of their driveway’s on River Road.

Proposed Planning Board Budget:

Mr. Grassie went over the proposed budget with the Planning Board. The Board members wanted to add a refrigerator and bottled water to the Budget. Mr. Mason made a motion to approve the Planning Board Budget as presented, with an additional $350 for a refrigerator and water to stock it. Mr. Mason seconded the motion, which passed unanimously. There was a brief discussion regarding money set aside in the CIP to improve Portsmouth Avenue and the entrance to Bunker Hill Avenue.

Public Hearing on 2005 Zoning Questions:

Mr. Grassie informed the Board that the notice for the 2005 Zoning Questions was sent to the newspapers, but did not get posted on time. Since they were not posted in time, the Board cannot vote on any of the proposed Zoning Amendments. Mr. Mason asked if the Board was sure that they want to prohibit reasonable electronic signs. The Board members stated that they were sure. Mr. Cornwell stated that at the last meeting the Board had a long discussion about expanding the General Commercial, Professional Residential, and Industrial Zones There was a great deal of additional discussion about the proposed expansion of the zones; trying to get a road from the new Shaw’s to River Road; realigning River Road and Frying Pan Lane; and the possibility of prohibiting new gas stations or car dealerships.

Mr. Cornwell asked the Board members if they would authorize a letter to the property owner of Stratham Tire informing him that the equipment and junk on his property must be removed. Town Administrator Deschaine stated that Code Enforcement Officer Terry Barnes is working on the issue. Ms. Johnson made a motion to adjourn at 9:52 p.m. Mr. Mason seconded the motion, which carried.

Respectfully submitted,

Linda A. Beaudoin,

Secretary Stratham Planning Board