City of Rochester Planning Board
Monday July 11, 2016
City Council Chambers
31 Wakefield Street, Rochester, NH 03867
(These minutes were approved on August 1, 2016)
Members Present
Nel Sylvain, Chair
Dave Walker, Vice Chair
Matthew Kozinski, Secretary
Tim Fontneau
Charles Grassie, Jr.
Rick Healey
Robert Jaffin
Mark Sullivan
Members Absent
Deborah Shigo, excused
Tom Willis, excused
Alternate Members Present
James Gray
Robert May
Staff: James Campbell, Director of Planning & Development
Crystal Galloway, Planning Secretary
(These are the legal minutes of the meeting and are in the format of an overview of the meeting. A recording of the meeting will be on file in the City clerk’s office for reference purposes. It may be copied for a fee.)
Mr. Sylvain called the meeting to order at 7:00 p.m.
The Planning Secretary conducted the roll call.
III. Seating of Alternates
Mr. Gray to vote for Mr. Willis.
IV. Communications from the Chair
Mr. Sylvain announced there will not be a workshop meeting on July 18th. He then held a moment of silence for the victims of violence last week.
V. Approval of Minutes
A motion was made by Mr. Walker and seconded by Mr. Jaffin to approve the June 20, 2016 meeting minutes. The motion carried unanimously.
VI. Extensions/Continued Applications:
A. Anna/Ervin Fazekas Revocable Trust, Flat Rock Bridge Road/Milton Road
Christopher Berry of Berry Surveying & Engineering presented modified plans to the Board. He said the original plan was for 24 units to be tied into municipal water and sewer. Mr. Berry said most of the concerns from both the Board and abutters were density so he said the applicant took a step back and they have modified the plan.
Mr. Berry said they are now proposing a simple private road, reducing the number of bedrooms from 3-4 to 2-3, and are reducing the number of units from 24 to 16. He said this will be less of an impact for stormwater and on municipal systems.
Mr. Sylvain opened the public hearing. No one was present to speak so he brought the discussion back to the Board.
The Board briefly discussed seeking an exaction from the applicant for the intersection at Cumberland Farms. Mr. Sullivan questioned why this applicant would be responsible for upgrading the intersection when the question was never brought up when Cumberland Farms was before the Board. Mr. Walker said he believes the applicant should pay their portion.
Mr. Berry said they would not have sidewalks, however, like some of his other projects before the Board they will have a wider roadway. Mr. Sylvain asked if it would be possible to have a bus shelter for the children waiting for the school bus. Mr. Berry said he would look into it.
Mr. May asked if they were still proposing a foot path to Milton Road. Mr. Berry said it will need a conditional use permit but they are still moving forward with it.
Mr. Campbell said staff is very happy with the changes that have been made. Mr. Berry said they are asking for a 45 day continuance.
A motion was made by Mr. Fontneau and seconded by Mr. Gray to continue the application to the August 15th meeting. The motion carried unanimously.
B. Robert Diberto, 319 Rochester Hill Road
Christopher Berry of Berry Surveying & Engineering said through out the process they have submitted a very lengthy plan set as well as additional information that the Board requested such as soil and traffic information which is beyond the subdivision checklist. He said at the last meeting the Board requested information regarding impacts on the abutting property from Lot 13-4. Mr. Berry said it meets regulations and is acceptable. He referenced the duplex that was constructed across the street on Quail Drive and said there were no know impacts to abutting wells.
Mr. Berry said the water quality to the existing well on site is good, he said when asked the abutting property said they also have good water quality. He went on to say there is no evidence presented to the Board saying it would be a detriment to having 4 additional wells placed.
Mr. Berry said he wrote the Board a lengthy letter outlining the process it has taken to get to this point. He said they have met with TRG a number of times and is told each time there are no outstanding issues and the application is complete.
He went on to say the application they have submitted meets zoning regulations, meets the subdivision regulations, and is an allowed use in the zone and therefore are requesting approval.
Mr. Sylvain opened the public hearing.
Fred Kneisley of 40 Quail Drive said he’s been before the Board a number of times to speak and he appreciates what the Board does.
He said Mr. Berry says he readily provides information but says it’s more like pulling teeth month after month to get information.
Mr. Kneisley said he is still unsure what will be constructed on the lots. He went on to say since the last meeting he has had his well tested and the result came back as good. He said the water hydrologist said the addition of 4 extra wells is not a guarantee their well will be affected but it could and recommended having periodic testing done.
Mr. Kneisley said septic and well are still big concerns as well as drainage and he is still not in favor of the project.
Deb Kneisley also of 40 Quail Drive said she still has concerns with the integrity of the hill that runs along her driveway. She went on to share that during a rain storm a few days ago the runoff not only came down driveway but down the road as well and all accumulated in their yard.
Ms. Kneisley said she is concerned with having additional traffic. She said she is concerned with what the lots will look like, and said people could potentially stay away from Rochester. Ms. Kneisley also said she just wants to live in peace, the way they have since they’ve lived in their home.
There was no one further from the public present to speak; Mr. Sylvain brought the discussion back to the Board.
Mr. Campbell said staff suggests there is enough information and recommends approval.
A motion was made by Mr. Fontneau and seconded by Mr. Gray to accept the application as complete. The motion carried. Mr. Grassie opposed.
Mr. Grassie asked if they’ve received State approval. Mr. Campbell said no, not yet. Mr. Berry said it has been submitted but they haven’t gotten final approval yet.
Mr. Walker said months have been spent justifying this can be done, however he still believes it shouldn’t be done. He said he believes it’s too intense for that size property and with the slopes on the back lot he thinks there will be problems.
Mr. Fontneau said the intent for the office commercial zone along route 108 was for growth entering into the city. He said he never imagined approving office commercial lots on Quail Drive which allows for 75% lot coverage. Mr. Fontneau said he believes the fifth lot is not necessary and there will be too much of an impact on the abutting property.
Mr. Grassie said he agreed, saying it was intended the office commercial zone was to front on route 108, not Quail Drive. He went on to say the intent of the zone was for professional offices on route 108 and that is not what will be happening.
Mr. Sylvain said he believes the developer is trying to put too much on this one lot. He said four lots maximum for that parcel.
Mr. Sylvain asked if it would be duplexes going in. Mr. Berry said Mr. Diberto had previously discussed duplexes with him but they are seeking a five lot subdivision approval that would allow them to develop the site.
Mr. Sylvain said there is a memo from the City Engineer regarding routine maintenance being added to the deed if this project is approved. Mr. Sylvain said if the system fails and has to be maintained by the city, it will be at the cost of the developer for the first five years.
Mr. Sylvain went on to say the Board would be doing the tax payers an injustice by approving this project as is.
Mr. Kozinski pointed out that if the subdivision goes through the four lots that front route 108 will be office commercial, and the lot that fronts Quail Drive will be residential-1.
Mr. Sullivan said Mr. Berry has done everything that has been asked and staff said it works. He asked where based on the application the Board is getting that it doesn’t work. Mr. Grassie said he’s reviewed many plans and inspected many sites over the years and said he knows what works on paper do not always work in life. Mr. Grassie went on to say if this were a commercial site they’d be doing a site plan and the Board would have more control over how the site is developed. But he said they aren’t doing a site plan and where the buildings will be located is up in the air and that will make a significant difference on how the plan works.
There was some discussion about the back lot being R1 after the subdivision.
Mr. Berry said the back lot would meet the R1 criteria and suggests if the Board moves ahead with an approval that they make a single family home a condition of approval. He went on to say he’s discussed this with the applicant in the past and doesn’t believe he would have an issue.
Mr. Berry said he is fundamentally opposed to Boards restricting uses on lots that are specifically allowed in zones.
There was a brief discussion on whether or not the Board could put a restriction in the notice of decision.
Mr. Berry said he is representing that the applicant would be willing to voluntarily restrict the back lot to a single family home. Mr. Sullivan asked Mr. Campbell how that would work. Mr. Campbell said it would be added to the notice of decision that the applicant shall submit a deed restriction for that lot and if it’s not done then the plan wouldn’t get certified.
A motion was made by Mr. Sullivan and seconded by Mr. Gray to approve the application with the stipulation of the restriction for a single family home and the 5 year maintenance agreement. The motion failed by a 5 to 4 roll call vote.
A motion was made by Mr. Walker and seconded by Mr. Grassie to deny the application. The motion carried by a 5 to 4 roll call vote.
Mr. Grassie said the reasons for denial were as follows: the use is too intensive for the lot; no state subdivision approval has been granted; the lot being accessed off Quail Drive is contrary to the zoning for all lots having access off Route 108; there will be an adverse impact on the abutting properties.
Mr. Sylvain called a recess at 8:07pm
Mr. Sylvain called the meeting back to order at 8:16pm
VII. New Applications
A. Stephen Brochu, 25 Stephens Drive
Carey Fox of Fox Survey Company explained the one lot subdivision saying the parcel they are proposing to subdivide is located at the end of a cul-de-sac. Mr. Fox both lots have received State approval. He went on to say there were a few things that were brought up during the TRG meeting such as an easement for the well and removing the structure that is located on the lot line. Mr. Fox said he didn’t believe there needed to be an easement for the well, and he wasn’t sure if the fabric Quonset hut would be classified as a structure.
Mr. Sylvain opened the public hearing. No one was present to speak so he brought the discussion back to the Board.
Mr. Campbell said staff didn’t have any issues with the subdivision and recommended accepting the application as complete and approving the project.
Mr. Fontneau asked there would need to be an easement. Mr. Campbell said he would check with the attorney.
A motion was made by Mr. Gray and seconded by Mr. Healey to accept the application as complete. The motion carried unanimously.
Mr. Fontneau asked if the Quonset hut would be considered a structure. Mr. Campbell said it would need to be removed from the property line or taken down.
A motion was made by Mr. Fontneau and seconded by Mr. Walker to approve the application. The motion carried unanimously.
B. Nantucket Beadboard, 109 Chestnut Hill Road
Scott Lawler of Norway Plains Associates presented the plan for a conditional use permit. He said they are proposing to construct a 24 foot wide roadway to access the rear lot. Mr. Lawler said they were approved by DES in 2008. He went on to say they are seeking two waivers, the first is from the Site Plan Regulations Article III Section 13(A)(4) for wetlands and the second from Site Plan Regulations Article III Section13 (A)(1) for stormwater.
Mr. Sylvain opened the public hearing. No one was present to speak so he brought the discussion back to the Board.
Mr. Campbell said staff doesn’t have any concern and supports the wavier requests.
A motion was made by Mr. Fontneau and seconded by Mr. Grassie to accept the application as complete. The motion carried unanimously.
Mr. May asked if the Conservation Commission had any issues with this project. Mr. Lawler said they did a site walk and their recommendations will be put in the notice of decision.
A motion was made by Mr. Fontneau and seconded by Mr. Walker to approve the waivers as requested and approve the application. The motion carried unanimously.
C.Kenneth & Penelope Krichofer/Brian & Diane Brochu, 3 Grey Ledge Drive & 15 Blue Hills Drive
Steve Oles of Norway Plains Associates presented the plan for a lot line revision. He said they are seeking approval in order to allow the septic system to be on the lot and to give more useable space.