City of Rochester Planning Board
Monday March 7, 2016
City Council Chambers
31 Wakefield Street, Rochester, NH 03867
(These minutes were approved on March 21, 2016)
Members Present
Nel Sylvain, Chair
Dave Walker, Vice Chair
Matthew Kozinski, Secretary
Tim Fontneau
Charles Grassie, Jr. – arrived at 8:15pm
Rick Healey
Robert Jaffin
Mark Sullivan
Tom Willis
Members Absent
Alternate Members Present
James Gray
Robert May
Deborah Shigo
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. Walker called the meeting to order at 7:00 p.m.
The Planning Secretary conducted the roll call.
III. Seating of Alternates
Mr. May to vote for Mr. Grassie.
IV. Communications from the Chair
Mr. Sylvain thanked Mr. Healey and Mr. Walker for filling in while he was away.
V. Approval of Minutes
A motion was made by Mr. Walker and seconded by Mr. Willis to approve the February 22, 2016 meeting minutes. The motion carried unanimously.
VI. Continued/Postponed Applications
A. Markie R.E. Development, LLC, Chesley Hill Rd., Donald St., Norman St.
Christian Smith of Beals Associates presented the revisions made to the plan. He said they have done further field work and final boundary work is underway but has not been finalized.
Mr. Smith said they have eliminated thru-ways to Donald Street and Norman Street. He said they have also incorporated some open space to the plan. Mr. Smith went on to say they have completed a water system study and it has the capacity to handle the proposed development. He also said a traffic study is underway.
Mr. Sylvain opened the public hearing and informed them there would be a time limit of three minutes due to the volume of people present.
Lou Archambault of 224 Chesley Hill Road questioned how many time the neighborhood would go through this, referring to Chesley Farm Estates that’s located at the top of Chesley Hill Road. Mr. Archambault said the City still hasn’t accepted the road and questioned if it could be bureaucracy run amuck. He went on to talk about how the City was buying the worst of the homes within the City and demolishing them and now they are trying to transfer it to the outlying neighborhoods.
Mr. Archambault also asked when the TRG report would be made public.
Steve Anctil of 16 Anctil Court asked if there has been a geological survey completed on the hill. He said 12 years ago when they wanted to put a mall in they had determined a lot of blasting would need to be done. Mr. Anctil said he is also concerned with ground water. He said he has lived there since 1955 and has never has an issue with water. He asked what assurances they will have.
Rick Perreault of Chesley Hill Road said he understands the proposal the applicant had in January was just a trial run, however they should have put some nice landscaping in the plan. He went on to say he believes all the infrastructure should be required to be upgraded.
Mr. Walker asked if it’s part of the proposal to tie into City water and sewer. Mr. Smith said yes, it was.
Mr. Fontneau asked if a geological study had been done. Mr. Smith said they have only done 60 test pits.
Mr. Fontneau asked what the timeframe of the development would be. Mr. Smith said they are looking at a ten year timeframe.
Mr. Sylvain asked about the blasting of ledge. Owen Friend-Gray, Assistant City Engineer said there are state requirements that will have to be followed. Mr. Sylvain asked if they can require a bond to be put in place in case there is any damage to people’s property. Mr. Friend-Gray said he will check into it.
Mr. Sullivan asked if they’ll have to make upgrades to the water and sewer. Mr. Friend-Gray said it will be required with oversight from the City. He went on to add there is sufficient water and the pump station is located on the hill. Mr. Sullivan asked if there will be off site improvements. Mr. Friend-Gray said there will be about $80,000 of offsite improvements to the pump station.
Mr. Fontneau said this is a substantial subdivision and not only do road improvements needs to be looked at by schools, crosswalks, and sidewalks need to be looked at also. Mr. Campbell said that hadn’t been brought up in the TRG meetings yet so it’s good that the developer now knows.
There was a brief discussion of where access will be for this development.
Ms. Shigo asked if a traffic study has been or will be done for the back side of Chesley Hill Road from Rte 202.
Mr. Smith said a study is being done and they will look at it.
Rick Perrault of Chesley Hill Road spoke again saying improvements on Chesley Hill Road need to be made on the Rte. 202 side. He said it is a challenging intersection now.
Mr. Sylvain told Mr. Smith to check into it to see if there needs to be a traffic light at the 202 intersection.
B. Robert Diberto, 319 Rochester Hill Road
Christopher Berry of Berry Surveying & Engineering informed the Board he is still working with Stonyridge Environmental on the soils mad and they are requesting to be continued to the April 4th meeting with renotifying the abutters.
A motion was made by Mr. Walker and seconded by Mr. Healey to continue the application to the April 4, 2016 meeting. The motion carried unanimously.
VII. New Applications
A. David Thayer, 22 Farmington Road
Christopher Berry of Berry Surveying & Engineering informed the Board the project requires a variance and they were on the Zoning Board of Adjustments agenda for Wednesday evening. He went on to say they will also need a lot line revision.
Mr. Berry said they are requesting a postponement to the April 4th meeting as it will allow for discussions with City Staff.
A motion was made by Mr. Walker and seconded by Mr. Jaffin to postpone the application to the April 4, 2016 meeting. The motion carried unanimously.
B. Anna/Ervin Fazekas Revocable Trusts, Flat Rock
Christopher Berry of Berry Surveying & Engineering said his clients have owned the parcels since the 1970’s. He said they are seeking a 6-lot subdivision to include a new city maintained road. Mr. Berry said the parcel that fronts Milton Road will be for commercial development however, they do not have any prospects yet. He said they have been waiting for a sewer design and currently the sewer is coming from Salmon Falls Road. Mr. Berry said they have been working with Public Works concerning stormwater.
He went on to say they were before the Board looking for acceptance and to gather input from the abutters.
Mr. Sylvain opened the public hearing.
Keith Reardon of 18 Flat Rock Bridge Road said he doesn’t want the development. He said he is concerned with safety due to increased traffic, as well as privacy due to people going in and out of his yard. He said he is also concerned the development will bring drugs to the neighborhood.
Tim Zielfelder of 19 Flat Rock Bridge Road said the access road will be directly in front of his house and he is concerned lights from cars shining into his home. He said he is also concerned with mailbox placement.
Jessica and Dale Cook of 22A Flat Rock Bridge Road said the parcel of land they want to develop has wetland issues. Ms. Cook said they are concerned with the increase of traffic and would like the developer to take into consideration the campground that is open during the summer months. She went on to point out that the old plan had 24 units and the new plan has 31.
She said they’re concerned with the proposed fence location and whether this will be section 8 housing or not.
Ms. Cook said they too are concerned with drug use as there is no control over who will buy the property. She said she understands that a development will be going in but believes it be priced to attract respectable owners.
Beverly Wheeler of 40 Flat Rock Bridge Road said she’s concerned with the water table. She said the homes in the area run their sump pumps 9 months out of the year and is concerned what additional development will do. Ms. Wheeler questioned where the water will go as she is concerned their septic systems will fail. She went on to say the road can’t handle any more traffic.
Mr. Gray said they have to go by State law and to keep in mind that the land owner has rights too. He went on to say there are zoning laws as to what can be done by right and suggest that the abutters and the developer keep talking so they might be able to come to and understanding.
Mr. Gray also informed the abutters that the Board often hears concerns regarding section8 housing; he informed the abutters the Board has no control over section 8 housing.
Mr. Willis asked if they will be bringing the sewer line up from Salmon Falls Road. Mr. Berry said yes, that is the current plan. Mr. Willis asked if the other homeowners would be able to hook into it. Mr. Berry said yes they would and they have been working with Public Works to make it part of the plan. He went on to say they have spoken with the abutters and have been politely told no thank you.
Mr. Campbell said staff recommends accepting the application as complete but continue it to the April 4th meeting. Mr. Berry said they are requesting the application be postponed to the May 2nd meeting, saying they would not hold the Board to the 65 day rule.
A motion was made by Mr. Walker and seconded by Mr. Jaffin to accept the application as complete and continue to the May 2, 2016 meeting. The motion carried unanimously.
C. Anna/Ervin Fazekas Revocable Trusts, Flat Rock Bridge Road/Milton Road
Christopher Berry of Berry Surveying & Engineering said they are proposing to construct 31 townhouse style units with parking. He said they are working with Public Works for stormwater control and for getting sewer to the site.
Mr. Berry said they have done a traffic study and they looked at the volume of traffic on Flat Rock Bridge Road but will take into account the summer months when the campground is open.
He said City Staff has asked them to look at the Cumberland Farms end of the road for improvements to be made.
Mr. Berry asked that this application also be postponed to the May 2nd meeting as well.
Mr. Sylvain opened the public hearing.
Martha Bertsimas of 23 Kodiak Court said she is concerned with the wetlands building up and the location of the proposed raingarden.
She asked if the townhomes would be for individual sale, or rentals, and if they are rentals will they be section 8.
Ms. Bertsimas asked how many of the trees will be taken down and that would add to the drainage issues. She said she doesn’t want them to get approval and then find out there are issues.
Mr. Walker asked if there will be sidewalks on both the proposed road and Flat Rock Bridge Road as he is concerned who will be plowing it. Mr. Berry said he has talked with staff about having a public/private agreement.
Mr. Fontneau asked what the proposed buffer for Kodiak Court is. Mr. Berry said there will be a raingarden, a fence, blue spruce trees, and they will be adding other staggered plantings.
There was a brief discussion regarding the amount of fill that will need to be brought in and the wear to Flat Rock Bridge Road.
Mr. Grassie asked if there would be a pedestrian access to Milton Road. Mr. Berry said they have spoken with Family Dollar and they will allow an easement for access.
Mr. Walker asked if the water will flow toward Flat Rock Bridge Road or toward the wetland. Mr. Berry said it will flow toward the wetland. He further said there is good sandy soil on the property.
Mr. Walker believes there will be a problem with storm flow coming back around going toward Flat Rock Bridge Road. Mr. Berry said they are working with Public Works.
A motion was made by Mr. Grassie and seconded by Mr. Kozinskie to accept the application as complete and continue to the May 2, 2016 meeting. The motion carried. Mr. Walker was against.
Mr. Sylvain called a recess at 8:46pm
Mr. Sylvain called the meeting back to order at 8:55pm
D. Harold & Josephine Jacobs Trust, 518 Portland Street
Steve Furguson of Norway Plains Associates said his clients owned 41 acres and would like subdived a 8.1 acre piece with frontage on Eastern Avenue.
Mr. Sylvain opened the public hearing. No one from the public was present to speak.
Mr. Campbell said staff recommends accepting the application as complete and approving. He said the applicant is requesting two waivers which is supported by staff.
A motion was made by Mr. Walker and seconded by Mr. Willis to accept the application as complete. The motion carried unanimously.
A motion was made by Mr. Walker and seconded by Mr. Jaffin to approve the waivers. The motion carried unanimously.
A motion was made by Mr. Fontneau and seconded by Mr. Walker to approve the application. The motion carried unanimously.
E. The Monarch School of New England, Eastern Avenue
Richard Lundborn of CLD Engineering presented the preliminary site plan. He said the Monarch School operates at 61 Eastern Avenue and is for children with handicaps.
Mr. Lundborn said the building they are proposing will be 12,000 sq ft and will have a six bay garage to house the schools van as well as lawn care equipment. He went on to explain they will have fields for the kids recreations and there will be a second additional building in the future.