Rye Planning Board by flyboyor

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									Unapproved Second Draft Minutes See minutes of July 8 2008 For corrections/approval

Rye Planning Board
Rye Town Hall 7:00 P.M. MINUTES OF THE MEETING May 13, 2008
Members Presents: Chairman, Donald Cavallaro; Vice- Chairman Mel Low; Samuel Winebaum; Jaci Grote, Clerk; Priscilla Jenness, Selectmen Representative; and Martin Zivic; Patricia Weathersby, Alt; William Zechel, Alt; and Bob Brown(left 10pm), Alt. and Mark Galvin (arrived 7:35pm) Michael Donovan, Attorney; and Kimberly Reed, Planning Administrator; and Susan Labrie, Building Inspector (left 10 pm).

Also Present:

1.

Call to Order

Donald Cavallaro called the meeting to order at 7:00 p.m. and asked Patricia Weathersby to sit for the absent Mark Galvin. 2. Approval of Minutes of the April 08, 2008 Minutes:

Motion made by Priscilla Jenness to approve with corrections the minutes of April 08, 2008 and seconded by Sam Winebaum. Priscilla Jenness had the following changes: On Page 13, Board of Adjustments, take out the “s”; On page 15, 8th paragraph from the bottom change the word “fractions” to “functions”; and On page 15, 5th paragraph from bottom, change “voluntary” to “voluntarily”. Sam Winebaum had the following changes: On page 6, 6th paragraph from the bottom: change “10-foot contours” to “2-foot contours” (Attorney Donovan agreed that it should be 2-foot contours.) Don Cavallaro had the following changes: On page 1, 5th paragraph from the bottom, change “Jaci Grote had ask” to “Jaci Grote had asked…” On page 13, 1st paragraph change “grantee” to “no guarantees” On page 16, 4th paragraph, line 6, change “base to “bass”. Mr. Zivic stated he thought it was Don who entertained a vote. Don Cavallaro stated it was Martin who asked for the vote. Kimberly Reed stated that she remembered Martin Zivic asking for the vote.

Planning Board unapproved minutes of 5/13/2008
Jaci Grote stated she could not be present and absent at the same time. Her name should be deleted in the present column, as she was not at the meeting. Donald Cavallaro stated if there were no further questions he would entertain a vote. All in favor, motion passed. 3. Conceptual Consultations - Non-Public Hearings: Development of nine, 24 unit, three-story buildings and accessory community buildings and parking as homes for the elderly (age 55 and over) to be located on one lot with units to be conveyed as condominium units. The proposed development owned by Ciborowski Realty Trust located on the westerly side of Lafayette Rd., in the SR Zoning District. Malcolm McNeil Attorney from Dover stated that he represents Eric Katz, who has done a similar project in Exeter; Sterling Hills. Mr. McNeil passed out material about Sterling Hills. The project in Exeter has been very successful and invites anyone to go look at it. Also present are representatives of the owners, Ciborowski Trust: Carolyn Beaulieu, Mark Ciborowski and their attorney, Bill Tucker. Mr. McNeil stated they have been working on this for some time and have spoken with Rye’s Building Inspector, Town Planning Administrator and have had communication with the Town Attorney. He stated the reason that they were before the Board for a Conceptual Consultation comes from the Land Use Regulations which suggests guidance. He repeated that under Rye’s Regulations, they would like some guidance. The reason they went before the Planning Board first and not the ZBA; they presume the board to be the planners and visionaries for land use planning. Preceding the last Town Meeting, the Planning Board had a lot of discussion about “What is a Home for the Elderly”; “What is Assisted Living”; “What is Independent Living” and “What should we do about it.” Attorney McNeil and the applicant recognized and followed the process and agreed with the board’s decision not to take something to the Town meeting this year. This applicant would like to proceed with their project. They do not want to be in a position where the Planning Board felt it was inappropriate or the Planning Board went to the Zoning Board and expressed concerns. Mr. McNeil stated they were present in the spirit of good will to try and move forward with something that is interesting and meritorious to the community. He had three steps: Overview, Indicate problems under regulations and Comments. He stated the building they are talking about is a three story building with 24 units which is similar to Exeter. The ones in Exeter are 55+ with no children and very positive fiscal impact to the Town of Exeter. He stated that the price range will be around $375,000 that is the ballpark range and there may be flexibility to the pricing.

Mr. McNeil sets the stage for what he called, “Ciborowski Island.” The property has a Rye address. It is over 100 acres and they propose eight buildings with access off Route 1. The front part of the property is zoned commercial but the remainder is Single Residence in Rye. He pointed to a map and showed the land as he talked about it. He commented that, unlike Webster at Rye, which did not ultimately make its way to the Planning Board, this project is a relatively low impact area in terms of the manner of people living around this site. The primary areas they talked about are already commercially zoned development. The road will be private with no maintenance required. There will be two community buildings proposed similar to Exeter which will have exercise equipment, places to play cards, televisions and social gathering areas all very tastefully done. All the units will be on one floor with the parking underground and heated. Each unit will have elevator access to a single floor living area. The units range in size from

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Planning Board unapproved minutes of 5/13/2008 1,482 to 1,745 sq ft and there will be storage on site and additional parking for guests. All the trash will be private, all the streets will be private and all the amenities’ services will be private and the costs of those will be absorbed by the Condominium Association. They want worry-free living with walking trails, sidewalks, gardens with the major development not seen at all. The total site size is 101 acres and far less than 30% of the site will be affected with regards to the proposal. He talked about the fiscal impact that would not be off set by school children, road maintenance and snow plows. They would propose extending municipal sewer and water to the site to service the project. The total number of units proposed would be 216 and they would be condominium ownership. The reason they chose 55+ is that Rye does not address this and that the project in Exeter is also 55+ and there are no children. Mr. McNeil explained what they had done to prepare for the Planning Board meeting adding that he had received a letter from Attorney Donovan about the Nigrelli project. He felt that this project is different because it is a different time, different location and different setting. This project does not require the person to be ill or to require assistance. The project is simply for older people. He stated that their project did not compare to Nigrelli within the definition of “Home for the Elderly.” They also looked closely at the deliberations relative to the Webster at Rye case and again it was a different location and different concept to degree of care. Lastly, he talked about the Sanctuary Care project for memory impaired patients and how that was different. Mr. McNeil spoke about his preliminary involvement with the Deaconess project and the withdrawal from it. He added that there was a dialog by the Chairman of the ZBA with regards our definition of Home for the Elderly which was a singular dialog on his part. The vote was 4 to 1 against that project but his comment was, “Housing for the Elderly is not clearly defined in Rye…” He also followed closely the RCD project by the Housing Partnership and more importantly looked at the Planning Board’s considerations, pre Town Meeting, with respect to defining or re-defining “Home for the Elderly.” The applicant knows that the Planning Board did not go forward with those proposed definition changes and he knows that the Planning Board was thinking of an institutional component with the elderly in mind. Continuing, Mr. McNeil talked about the planning issues and stated he presumes that in the SR zone, they can proceed with a Special Exception. If the zoning board lets them, they can easily meet the criteria and he felt that they would have no adverse effects to the neighborhood. He said there is no real definition as to what kind of density would be permitted and some of the complications are these: 202.4 requires only one principle building on a lot and they are proposing this project as condominium on one lot with multiple buildings. They have other plans, if necessary, with one less building and each building on one lot. However, this would require a road with frontage and the fiscal impact and other components would be lost. In the SR zone, the area of lot per family is 66,000 ft and he feels it does not apply. They would like to proceed with this plan with the Planning Board support for “Ciborowski Island”. They hope this Planning Board will see that something like this may be in the best of interest of Rye. There would be no municipal expenditures and approximately $750,000 in annual taxes with no significant offsets. Most importantly on this island, there should be no adverse effects on anyone having older people living next to commercial properties.

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Planning Board unapproved minutes of 5/13/2008 Mr. McNeil said he felt that if they got some support from the Planning Board, they would then go to the Zoning Board of Adjustment and ask them to determine if this is a home for the elderly. They would then return to the Planning Board for site review. He felt that “Ciborowski Island” does not carry the baggage as with other projects. He concluded that he would like to work with the Board about reformulating the zoning ordinance, but would like to proceed sooner than the next Town Meeting. The build out would be five to seven years. Michael Donovan, speaking to Mr. McNeil, said “This procedure was sorted out and you do not go right to the Board of Adjustment. In the first instance, the Building Inspector has to make a determination if this is a Home for the Elderly and if she makes that, then you go for the special exception. If she does not, then you appeal. That is how this process it has evolved. This Planning Board does not get involved in determining if this is a Home for the Elderly. It is the policy of this Board, not to go to testify either way.” Mr. McNeil stated he was aware of the process and that he spoke with the Building Inspector several months ago. Priscilla Jenness wanted to know what the cuts were into the Island. It did not appear to be accurate. Ms. Beaulieu pointed out the properties and identified the cuts. Sam Winebaum inquired about the white area and who the owners would be. Donald Cavallaro talked about the Master Plan, larger projects, benefits and the Regional Impact that this would have on other communities. Eric Katz, developer, talked about his process in Exeter on the Sterling Hills project. Mr. McNeil talked about the Borthwick, Portsmouth, NH project and that Portsmouth re-zoned the area for the project. Donald Cavallaro talked about size, minimum foot print and the precedent setting on a project like this. There was discussion by developer, attorney and Board members on the other projects in Exeter and Portsmouth and how this would be different and that it would be a development of regional impact and the demographics. Martin Zivic requested a copy of their demographic study. Jaci Grote quoted John Dunn, “No man is an island.” She continued that Land Development is not an island and she hoped that the people, who move there, would be part of the Rye community. She would not like them to just beam in and out of the buildings without participating in the Town. They will pay their taxes and come to the Town Hall. They will go to the Recycling Center and they may drive to the beach. She felt it offensive to say that it would

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Planning Board unapproved minutes of 5/13/2008 not have any impact on the community. That position, that the Town would feel no impact is not a good idea. He was talking to a Planning Board of people who live in this Town and when you say, “No Impact, No expenses” it was not true. She asked the attorney not to say that. Attorney McNeil stated the reason he stated it was because of its location. Priscilla Jenness asked about the groundwater and if they had looked at the Aquifer Protection Zone. She pointed out the ledge around Gardner Mattress and how the water streams out of the ridge and stated that elderly or whatever would not want to live on the side of a cliff and asked if they would flatten the land for their project. Attorney Tucker did say that they would need to move some terrain but would try to build around the current land. Donald Cavallaro questioned subsurface parking and placement to the Aquifer. questioned the height. Eric Katz stated the buildings would be under the 35’ requirement, except the cupola. Jaci Grote asked if they would consider using Green designs in their building. Sam Winebaum states, “I just have a few a things, just more generally for the public and for the board as for the Master Plan and Town demographics. So, if I may share just a couple of numbers with you; the median age in Rye is about 42 to 44 years and one of the oldest if not the oldest in terms of age in the county. We have 5,200 residents in 2000 Census; 31% were over 55, and it’s something like close to 900 in 2000 where between 44 and 55 so, getting up towards 55. So no question, a big market also right in Rye but to me that would say that in 2010 which would mean about when, if approved, would be in the middle of it. You would have about 10% more people just by natural aging over 55 or 31 to 40%. Now, the project as proposed 200 some units, I would assume would be about 300 residents.” Reply by Mr. Katz, “Malcolm talked about demographics…our average age is about 69 years old…and typically 45% occupied by single residents so that would be pretty close.” After Mr. Katz replies, Mr. Winebaum continued tape to say, “So about 300, thank you. So, that would say that in the year 2010 - 45 to 50% of our residents would be 55 or older. My wife, Dominique helped me with the numbers. Sam Winebaum talked about the Master Plan and the demographics of the median age in Rye, he stated his wife Dominique helped him with the numbers and that Rye has 10% 55+, adding that she went to a seminar. Sam continued that he likes the idea of concentrating the buildings and a logical connection for him was to the rail/train for paths for active seniors. He concluded that he felt, workforce housing was a problem and asked the applicants if they considered more of a mixed generation and type of structural buildings for different generations. He then

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Planning Board unapproved minutes of 5/13/2008 There was more discussion on the Exeter, Sterling Hills and the number of units that were derived at and why they chose the age requirements of 55 and over. Donald Cavallaro reminded the applicant and Board members that this was a Conceptual and wanted to wrap up and give anyone who had not talked a chance to. Bob Brown inquired about variances. Attorney McNeil responded that no variances would be required. Priscilla Jenness asked where the height limitation would begin if the parking was underground. Attorney Donovan replied that this would be at the existing grade. Patricia Weathersby asked if they envisioned this project would have more phases. Attorney McNeil stated there would only be one phase. Martin Zivic stated that he could speak for most that the Aquifer is important and he cited an article from the Boston Globe. Mel Low stated that it appeared to him that it is going to be overbuilt. He read about the Borthwick project and the size of the project with 216 units, blows our Growth Ordinance away. Sam Winebaum stated that it is not healthy for a town to have an imbalance in housing, especially if they are not adding to the schools. He did like the idea of putting land in conservation and he felt it was important to have amenities for residents. Attorney McNeil wrapped up, stating that he heard the areas of concern: Aquifer, clearing of land, and demographics. He heard that it was favorable to put some land into conservation and that there was a lack of commitment from this Planning Board. What he did not hear was, “Stop, Don’t go any further.” Donald Cavallaro said that we have to use the process we have. Attorney Donovan stated that it is what it is, and that they could draw their own conclusions. 4. Draft US Route 1corridor study presentation by David Walker, Senior Transportation Planner from the Rockingham Planning Commission – The draft study is on their website http://www.rpc-nh.org/US1study.htm. David Walker, Senior Transportation Planner from Rockingham Planning Commission gave a slideshow presentation and passed out handouts of the presentation. (See Attached).

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Planning Board unapproved minutes of 5/13/2008 He outlined 3 Intended outcomes of the plan: First, identify were the safety and problem spots; Second, guide infrastructure and Third, DOT and Planning use as a tool. They have five (5) recommendations. David Walker showed ariel aerial photos and stated they have approximately 20 intersections for the entire corridor and the cost is estimated to be about 57, to 77 million. Martin Zivic asked where the corridor was. David Walker explained that the corridor goes through the Massachusetts line in Seabrook up to Wilson Road in Portsmouth. David Walked stated there will be minimal impact for Rye. As they come into Rye in North Hampton, he shows where they want to widen the road. As they approach Dow Lane, they recommend turning it into a 90 degree angle and making it a right in/right out only road. Further down, at the Washington Rd/Breakfast Hill Rd., intersection, they are recommending a five-line intersection, raised median and reducing the height of the hill on Lafayette Rd so that may improve the sight line distances. Donald Cavallaro asked how many vertical feet will you plan to reduce it for better sight line. David Walker said that he did not know the answer at this point. Priscilla Jenness asked what the time frame was. David Walker stated the entire plan is a 20-year plan and they do not have an exact time frame for the project because no funding has been identified to pay for any of these recommendations. He could not say whether any of these projects would get on the State’s 10 year plan within the next 10 years. Martin Zivic asked if they had spoken with police about accidents since it is a dangerous area for Rye. David Walker was aware it was a dangerous area and will talk later about accident statistics. He showed areas where they would like to put Transit stations and where the road will be returning to a three-lane road just past the Mobile Home Park. There would be minimal changes at that point making sure the shoulders are adequate. Art Ditto spoke stating he knew that Portsmouth was moving the fire station to the corner of Ocean Rd. David Walker showed some photos of Lang Road. They propose moving the road through the development to connect with the lights across from Ocean Road. Mr. Walker stated that Land Use and Zoning would apply different levels to promote different traffic patterns. Through the Town’s Master Plan, they may begin promoting concentrated

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Planning Board unapproved minutes of 5/13/2008 development, mixed use development and changes to traffic patterns. He stated they should look at the Land Development Regulations to get the best use. He listed some different access management techniques: limiting conflict points; limiting the number of driveways, separating conflict areas; spacing between driveways; separating turning vehicles; reducing conflicting volumes; improving roadway operations; and improving driveway operations to make sure they are well designed. When implementing access management it needs to be within our regulations to ensure that we have design standards established and incorporated into our planning documents, Master Plan. The big part of this is coordination with agency representatives at DOT to ensure that everyone is on the same page. He stated an example: If driveways are too close to an intersection, they interfere with the flow of traffic and they create safety issues. It is more efficient to have distances and spread for driveways based on speed or roadway versus the distance. He stated driveway design is a critical component and that towns should talk about depth, flare, in/out radius and curb radius. Those all work together to make the driveway efficient and safe. He talked a little about the accident rates and prefaced that they are dated and said that usually the more driveways the more accidents but that Lafayette Road is an anomaly and has a lower accident rate. Mr. Walker continued, giving an example of how to get improvements completed sooner. In Seabrook, the developer is paying for improvements with a bond. This is a method to get the improvements done earlier through bond and reimbursed through development. The final component of access management is that DOT has an Access Management Memorandum which is an agreement between DOT and communities to help coordinate the driveway permitting process so that it is better than it has been in the past. The purpose is to have standards in place. They are proposing that a Transit Center be built similar to the one at Pease in Portsmouth. They propose street trees and landscapes with decorative lighting to enhance walking and pedestrian friendly neighborhoods with sidewalks. He was talking about a five to six foot buffer zone built with wide sidewalks. Mr. Walker talked about the next steps in the process, which is going to all the communities and presenting similar presentations. Then they will try to incorporate all concerns and funding in order to finalize this summer and come back to finalize agreements. Then, they will need to have the NHDOT endorse it. He mentioned that the full study is available on the website. Comments may be emailed to Dave Mr.Walker. Donald Cavallaro opened discussion to the public. Alan Gantz asked when they would re-grade the intersection as it relates to his project. Dave Mr. Walker did not have an answer or schedule. He said that it will be at least four to six years before it can be placed on the DOT’s 10-year plan and maybe 10 to 15 years before that can happen.

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Planning Board unapproved minutes of 5/13/2008

Art Ditto talked about Lang Road and the Portsmouth impact that is a higher priority from Rye perspective. Eric Weinrieb questioned the raised medians and did not see opportunities for Reverse Direction and wondered if it was land taking. Dave Walker stated the side roads should be used to turn around and make some connections to the signal roads. Eric Weinrieb pointed out that his application is on Lafayette Road and that DOT, because of the rise is recommending a right turn only out of the driveways and if this plan is implemented it would interfere with people turning around. He assumes that if the road is lowered then they would be able to turn left. Dave Walker states it could be a consideration. There was a discussion on u-turns by Dave Walker and Sam Winebaum. Donald Cavallaro asked if anyone else had comments. Hearing none, he closed the public session and thanked Dave Walker. Then he stated that if anyone had questions they could email Dave at RPC. Donald Cavallaro seated Mark Galvin for Patricia Weathersby. 5. Public Hearings: Continuation of Major Site Development Plan for Interventional Spine Medical Offices to modify existing building at 270 Lafayette Road, Tax Map 10, Lot 83; File 02-2008; Eric Weinrieb with Altus Engineering talked about a letter from DOT and passed it around. He stated that at this point, they do not have a DOT permit, however, with the plans they submitted to them, signs on opposite sides of the street with right in/right out are proposed. What NHDOT was looking for was some sort of raised island and to reduce the potential danger in taking a left out. Mr. Weinrieb also stated that on April 29th they received a letter from OEST Engineering and he went over their points. In addition, one other change to the plans, they created a stairway, walkway going to the lower parking lot. Last week, they were at the Board of Adjustment and they were granted a Variance for parking in the front. They have addressed all the parking issues. The only outstanding item was DOT approval. Martin Zivic asked if the walkways were shown on the drawings. Eric Weinrieb stated they were, Sheet C-2 and Sheet C-4. Mark Galvin asked if we had a copy of the Notice of Decision for the BOA.

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Planning Board unapproved minutes of 5/13/2008 Kimberly Reed stated that she had not received one yet. Mark Galvin asked if the applicant had it. Eric Weinrieb stated they have not received it yet. Susan Labrie stated they were written up and approved by the chairman a couple of days ago and so, they are ready to go out. Patricia Weathersby asked if they had to wait for the appeals. Attorney Donovan answered that they did not. He then asked the applicant about the islands. Eric Weinrieb replied that the raised island was to be a deterrent for anyone who wanted a left turn. He stated it was hard to enforce but will honor their request. Mel Low questioned if they would only have right turn only. Eric Weinrieb answered yes – right turn only. Attorney Donovan referred to the Use Intensity indicating not much traffic and asked why not move to one driveway. Mel Low asked if there were two driveways now. Eric Weinrieb stated yes and it will not be changing. Donald Cavallaro wanted to pull the information from the corridor study into this application. They discussed flare, right of way and angled parking spaces and the need for two driveways. Sam Winebaum asked what the disadvantage was of getting rid of the northerly entrance. Eric Weinrieb stated the value is that it exists now and in the winter and during bad weather it would be better to have both. John DeStefano stated that it is one business with two sub-businesses within. Sam Winebaum commented that the corridor study opened him up to the need for fewer driveways. Attorney Donovan stated the access management could be 20 years out, adding that the Chair’s concern was right about the upper parking lot condition. If the highway widened, they could reapply for site review approval for upper parking lot on the chance that circulation changes 15 years from now, change of use for the lot. A condition could be placed on the approval that you come back if the widening occurred.

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Planning Board unapproved minutes of 5/13/2008

Donald Cavallaro opened the hearing to the public. There was a discussion about retaining walls and consequences to 270 Lafayette Road and other lots. Victor Azzi said that this is a planning level document and a lot could change. If it does proceed, it will impact driveways and land/parking. Eric Weinrieb stated that if they do reduce the grade, then the north side would be unusable, not sure when and if it would be done. Attorney Donovan stated the last corridor study was done 20 years ago. Alan Gantz replied that he has no real objection to that condition on the plan. Donald Cavallaro asked if there were anyone else to speak to this application. Hearing none, he asked about the snow storage and wondered if it was up slope. Eric Weinrieb stated the grade would run in a certain direction and then pitch back and use logic. Donald Cavallaro talked about the first ZBA approval requiring screening and he questioned zoning 202.10 and the 50ft vegetated buffer. Eric Weinrieb stated it is 50ft and all green – it does not all have to be forested. Sam Samuel Winebaum asked about the lighting. Donald Cavallaro asked Sam if he had specific thoughts about the buffer. Mr. Winebaum stated he was concerned about the lighting. Jaci Grote stated they required the RCD to have the buffer. Attorney Donovan talked about screening and that light spill and a buffer would help with headlight glare. He stated if they were to do it all, they would have screening closer to the building from what you are trying to screen. Mr. Weinrieb stated the hours of operation were until 5pm and other than December; there would not be many headlights. They further discussed headlights and buffers. Patricia Weathersby stated the zoning does provide screening and with that said - practical matter that no houses near the back of the property and the only houses are already screened now. Attorney Donovan asked where Mr. McCarthy’s house was located.

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Planning Board unapproved minutes of 5/13/2008

Mr. Weinrieb said it was approximately 100ft away. Kimberly Reed stated that both Mr. McCarthy and Mr. Goldman were at the last ZBA meeting. Donald Cavallaro asked about sprinklers. John DeStefano stated that if they upgrade the practice, they will need to have sprinklers and they have already spoken to the Fire Chief. Susan Labrie confirmed they have been talking with the Fire Chief. Mark Galvin pointed out that the current Use Intensity Statement did not include ambulatory practices. Donald Cavallaro asked what triggered the sprinklers, what was the protocol. Mark Galvin stated they would need to come back to the Planning Board if they switched to ambulatory. Alan Gantz explained to the Board what it meant to be ambulatory. John DeStefano helped the Board to understand that the plumbing for the sprinklers were roughed in, just not hooked up. When and if they go to that, they would return to the Board for approvals and then pay for the water hookup. Attorney Donovan said that the Building Inspector would see it in her inspections. Donald Cavallaro closed the public session of the hearing and asked if Board members had any more comments. He finished by stating he felt the applicant was well organized. Mel Low asked if we were at a point to approve this. Donald Cavallaro answered yes, but they need to follow procedures. Attorney Donovan stated if the board wanted to approve this, he felt there were some conditions: 1. Surety in the form of a Letter of Credit and it is outlined in the LDR and approved by Town Counsel; Eric Weinrieb asked for clarity, wouldn’t it be more appropriate to have a stabilization bond. Attorney Donovan stated they could work out the language with the Town Counsel and basically talking about a stabilization bond and also cover the building.

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Planning Board unapproved minutes of 5/13/2008 2. The Board needs to decide if the Building Inspector or Town Engineer would inspect the process and if it would be the Town Engineer then they need an Escrow; Deed for NHDOT; Payment of all outstanding bills; Chairman to sign once all requirements are fulfilled. If Route 1 is widened, plan to come back to the Planning Board.

3. 4. 5. 6.

Donald Cavallaro asked the Building Inspector her thoughts on inspecting it or if she preferred the Town Engineer. Susan Labrie, Building Inspector, stated she had done similar projects like Atlantic Fuel. She could do it but would need all the work, plans and would require an As-Built once done. Donald Cavallaro asked what the opinions of the other board members. Hearing none, he stated that he would like to take the burden off the Building Inspector and let the Engineer do it. Mel Low made a motion to approve the application with the 6 conditions. Attorney Donovan read his interpretation of the 6 conditions:
1. A site plan for the upper parking lot and northerly driveway shall be submitted for planning board review and approval if Rte. 1 is widened adjacent to the property and/or if significant grade changes to Rte. 1 immediately north of the site (as recommended by the US Route 1 Corridor Study) are made. 2. A deed for the easement to NHDOT shall be reviewed and approved by planning board counsel and recorded. 3. A site restoration surety shall be provided to guarantee site restoration should the site improvements not be completed. The surety shall also cover securing the building in the event the building project is not completed. Amount of surety to be approved by planning board engineer. Form of surety to be approved by planning board counsel. 4. Construction inspection escrow shall be posted. 5. Provision shall be made for payment for services of the planning board’s engineer and legal counsel, including services for the review of deeds and surety. 6. Chairman may sign plan when conditions are fulfilled.

Jaci Grote seconded the motion. Donald Cavallaro asked if they were ready to vote. All in favor. Motion passed. Susan Labrie and Bob Brown left the meeting at 10:00 pm. Continuation of McCauley Wholesale - MACCA REALTY LLC, request for exemption, per Land Use Regulations, S405.4 to Site Review per Land Use Regulations S200.2 and S405

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Planning Board unapproved minutes of 5/13/2008 for property located at 25 Lafayette Road, Tax Map 14, Lot 10: File 15-2007. - Applicant would like to be placed on the June 10, 2008 agenda. Donald Cavallaro stated that the applicant has requested being placed on the June 10, 2008 Agenda. Jaci Grote made a motion to move the applicant to the June 10th meeting and it was seconded by Priscilla Jenness. Kimberly Reed asked if they needed to set a date to go to the site, since it was agreed that they would go to the site for final approval. Donald Cavallaro stated they should come to the meeting and a date could be set then. Sam Winebaum was concerned that they have asked for a couple of continuations already and asked if they had made any progress. His concern was that this debate has been lingering for a long time. Martin Zivic stated that we will make it clear to them on the 10th. He stated it does not make sense to go out until we see what they have. Attorney Donovan said that they may want to consider that if they come back and ask for another continuance then the Board may ask them for a Status Report. Donald Cavallaro asked for a vote. All in favor. Motion passed. 6. Payment of Escrow:

Donald Cavallaro asked if they could vote for them all at once. Kimberly Reed explained they should have a separate vote on each. Mark Galvin questioned payment without the bills. Donald Cavallaro stated he would review the bills before signing. Jaci Grote stated that she was one vote but felt that she trusted the Chairman and Planning Administrator and did not need to see the invoices. A. Donald Cavallaro made a motion to approve payment to Attorney Donovan Fees in the amount of $300.00 out of the Interventional Spine Medical Office Escrow Account. Motion seconded by Jaci Grote and she stated that she authorizes and trusts Donald Cavallaro to check the invoices. All in favor. Motion passed. B. Mel Low made a motion to approve payment to Attorney Donovan in the amount of $332.00 out of the Rickert Subdivision Escrow. The motion was seconded by Priscilla Jenness.

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Planning Board unapproved minutes of 5/13/2008 Mark Galvin stated he found the authorization and invoices in the packet on the back, he did not notice it before. Donald Cavallaro asked for a vote. All in favor. Motion passed. C. Donald Cavallaro made a motion to pay OEST Associates in the amount of $414.16 for Invoice No.: 12833, project No.: 92347.04 out of The Housing Partnership RCD Escrow. The motion was seconded by Jaci Grote. All in favor, Motion passed.

Kimberly Reed stated that on the last one she had a change. She had emailed Mark West and Bill Arcieri for confirmation that they were finished and just the day before, Mark West stated he had one bill and that it would be less than $500.00 and it would complete all of their work with Whitehorse Farms. Ms. Reed spoke with Christin Keehbler, the Treasurer for the Homeowners Association and she agreed to payment and that if the remainder could be sent to them to close out their escrow. She explained that she did not have the b ill but had confirmation from both parties. Donald Cavallaro stated he would like to wait for the bill for the final amount and vote on it then. 7. Appointment consideration of Victor Azzi to the RPC:

Donald Cavallaro stated that Mr. Azzi was before the Board so that they could make a recommendation to the Board of Selectmen to appoint Mr. Azzi to the Rockingham Planning Commission. Mel Low made a motion to appoint Victor Azzi to the Rockingham Planning Commission and Mark Galvin Seconded it. Donald Cavallaro asked if there was any debate. Hearing none, he stated that he had one comment and he said to Mr. Azzi that he received his emails and that he was hesitant to respond. He continued by saying that as Mr. Zivic pointed out, he could do things better. Mr. Cavallaro said he was disappointed during the RCD discussions that Mr. Azzi was sitting in the audience and the Board was trying to get comments and feedbacks and Mr. Azzi sent a letter and it ended up in the Portsmouth Herald. Mr. Cavallaro stated he was taken back by it. He was disappointed that Mr. Azzi had not brought up those things in the Public Hearings so that everyone could have heard and evaluated them. It made Mr. Cavallaro unsettled for someone who has all this experience and knowledge, who is working with the Town and not providing it in a form that we could do something with. Mr. Cavallaro said that he had to get that out in the open and that he appreciated Mr. Azzi’s work. Victor Azzi stated he appreciated that it was brought up and he replied that the Chairman could have asked him if he had any concerns. When he wrote the letter he did not get an acknowledgement that the letter had been received. Mark Galvin stated he had replied to Mr. Azzi’s email.

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Victor Azzi stated he came to those meetings and all the Board had to do was ask him. Donald Cavallaro pointed out the time frame was compressed that he did not have time to digest it when he saw it in the paper 2 days later. He did not have time to think about it. It is evident that it was in a format for an article that was going to be submitted, regardless of whether he replied or not. Mr. Azzi said he was trying to get someone’s attention. Mark Galvin stated that he had replied to his email. He was Vice-Chairman at the time and asked Mr. Azzi if he was coming to the Board to discuss the letter. Mel Low stated the letter was presented and discussed. Donald Cavallaro questioned the letter, saying that it came across that Mr. Azzi was being critical. Mark Galvin read it as being critical about the applicant. Sam Winebaum thanked Mr. Azzi for his work and asked about his service and what resources could the Board take advantage of in his role with the Regional Planning Commission. Victor Azzi spoke about Regional Planning and the studies he had been involved with. He stated that all the Board has to do is ask for information and he would inform them of the studies. Donald Cavallaro asked if he would provide the Board with written summaries of things of interest as it relates to Rye and Land Use, since Mr. Azzi knows the questions the Board asks of applicants and engineers. Priscilla Jenness asked that the motion include the length of term be included in the recommendation. All in favor. Motion passed to recommend Victor Azzi to the Selectmen for an appointment to the RPC for a full term. 8. Communications/New Business:

Donald Cavallaro stated that it was late and wondered if they wanted to continue. Jaci Grote stated she could give her report. It was brief. Donald Cavallaro stated they were going to have a discussion on the minutes. He stated that if they read the RSA, we could cut down on the number of pages of minutes. Jaci Grote stated we do not need verbatim.

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Donald Cavallaro stated we just needed summaries, except for the Motions. Martin Zivic did research on minutes and the only thing that needs to be verbatim are the motions and after that-enough detail for a reader to understand what happened, as a general rule. The Board discussed minutes and it was agreed that they were getting better and the minutes of May 13, 2008 were the best and they could tell that the person listened to the tapes. They agreed that the listening to the tapes is critical and it is helpful to have the person attend. They also agreed the motions are to be verbatim and that general summaries were the general rule. They want them briefer, concise. Donald Cavallaro made a motion to adjourn at 10:45Pm. Seconded by Jaci Grote. All in favor, motion passed. Respectfully Submitted, Kimberly Reed, Planning Administrator

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Planning Board unapproved minutes of 5/13/2008

Attachments

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