City of Portsmouth, New Hampshire Planning Board, 23 Jun 2022

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From YouTube: 6.23.2022 Planning Board

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6.23.2022 Planning Board

Agenda: https://files.cityofportsmouth.com/agendas/2022/planning+board/6-23-2022_PB_AG_Rev.pdf

00:00 - Seal

8:04 - Call to Order

08:50 - Agenda Item III. F.

13:25 - Agenda Item V. A.

20:10 - Agenda Item 1. A.

20:47 - Agenda Item II. Subdivision Review A.

21:37 - Agenda Item II. Subdivision Review B.

22:20 - Agenda Item II. Site Plan Review A.

22:43 - Agenda Item II. Site Plan Review B.

23:02 - Agenda Item II. Site Plan Review C.

23:35 - Agenda Item III. B. & Agenda Item IV. A.

52:11 - Agenda Item III. A.

58:11 - Agenda Item IV. B.

01:09:00 - Agenda Item IV. C. & D.

02:13:00 - Agenda Item IV. E.

02:22:47 - Agenda Item VI. A.

A

Good evening, and welcome to the course of planning board meeting of june 23 2022 calling a meeting to.

A

Order, mr chairman, yes may I request a suspension of the rules to take out of order item 4g.

B

A

I believe we need six members to vote in favor of this.

A

You want to discuss your motion, uh it's at the very end of the agenda and, as I understand it,.

C

The applicant um assures me it's a very quick item and- and I thought it would be kind and judicious.

C

To not make this the applicant wait till the very very end of our seemingly long meeting.

A

This is the request of john jones rice, revocable trust, that's correct! Any other discussion.

A

All those in favor, hi hi motion carries unanimously.

A

Mr rice, you may proceed, I don't know if you have to read it. Is it a hearing good evening nice to be.

D

Back kind of in front of you guys, uh I'm here to ask you to approve the installation of a.

D

Split rail fence in my backyard, it's gonna be approximately 200, that's my backyard! You have.

D

220 feet uh uh a fence: it's a split rail fence because I don't want it to be a hostile fence. It's.

D

I want it to look attractive and I want to be friendly to my neighbors, both of whom I.

D

Really like a lot, and both of whom approve of this concept of having the fence the reason why.

D

We're installing the fence is that I have a husky mixed dog who can go like lightning through an.

D

Electric fence- and so I wanted to uh contain him and make it possible also for my wife, who was.

D

Infirm, you might say, uh and she has issues getting him outside on a leash. If you can.

D

Open the door and the backyard is fenced. You just open the door and.

D

Out of sight out of mind, so I can go into the details, but I I see you have a long agenda, so I'm.

D

Happy to answer any questions, thank you and I think I I should have read it. The request.

A

Of jonas rice, revocable trust is honor for property. 460, fw hartford drive requesting.

A

A wetland conditional use permit for, according to section 10.10175 of the zoning ordinance to.

A

Temporarily impact 275 square feet and permanently impact 5.2 square feet of inland wetland buffer.

A

To install a new fence where the impact is wooden fence posts, properties on assessors map, 249 lot, 17.

A

Is in the single residence b district did the board have any questions for mr rice.

E

I do mr chair. Yes,.

E

Mr as I'm going through the planning board packet, I see your photo that you have up here.

E

I can't see it that well, but is, is there? So is the brown line on the map? The proposed fence.

E

The brown line, the outline of the backyard or the red line, the red line, red line, the reddish.

F

Line yeah, that's it! That's it right there. It follows the tree line, okay, so that is where.

D

You want your fat, that's right. Okay, yep it'll follow the outline of my lawn right, okay and then.

E

The last picture in the packet, it shows your split rail fence with looked like um chain link fence to.

E

To block up the holes is that accurate is a vinyl mesh to block up, though right right, so that will.

E

Keep your dog where it should be right and actually the neighbors on either side.

D

Are excited because they have dogs that can have invited to play home for play dates with talk soon.

E

Okay, that's it! Thank you. You're! Welcome! No other questions. I'm going to open the public hearing.

A

Everybody here wishes to speak too, for or against this application. Anybody on zoom we have isaac.

A

We have three rounds, I'm going to call them all right now, if there's nobody who has anything to say close the public hearing. What's the pleasure of the board.

G

What's my motion like the motion to find that the application satisfies the criteria.

H

Set forth in section 10. 107.50 of the zoning ordinance. Second, second,.

A

I want to explain your motion greg. Are we good? um It's? A very simple makes sense very.

H

Clear well presented and respectful of the neighborhood and neighbors so.

A

Any other discussion, all those in favor aye aye, absolutely approved. Thank you very much.

B

If I might, mr chair I'd like to make a motion to suspend the rules to bring forward the very last.

B

Item on our agenda for the zoning changes, the city under city, council referrals, regulatory amendment.

B

um Work plan we had looked at this last time, but I know that there were several changes still coming.

B

In um later this afternoon, so there's the most recent draft of those changes. So I'd like to.

B

Make a motion that we move it to next wednesday for questions, discussion and a vote at that time.

B

I'll second, that so I'd like to make a motion was a motion. It was yeah, I liked it, and I did it.

A

I think you explained it. uh I can add to that, that some of these zoning changes came about.

A

Literally this afternoon, they're not significant, but I know most of the members haven't had a.

A

Chance to read them: they are posted to the city website for those in the anybody in the public who.

A

Came to see these, so we thought it would be better to we're meeting next week anyway. So to move this.

A

Over to next week, which has a lighter agenda- and we can be a little bit fresher to talk about them,.

A

So anybody has any questions. Can I make a friendly amendment to that motion? I was just.

E

Thinking along the same lines tonight about postponing this, but I really feel that zoning.

E

Is the most important thing we do as a planning board, and I see that nick either has 20 or 21.

E

Potential changes- and I think this warrants its own meeting separate from the wetland cop training.

E

I uh I I wouldn't want to get in a situation where again talking about these important zoning.

E

Issues late at night and that's why I like to propose that we have a separate meeting on this.

A

Okay, I think we do have a motion in a second I'm not sure if the proponents of that wish to.

A

Amend it, my understanding was, we might consider the zoning before the wetlands cup training was.

A

That that's what I was hoping to do, yes um and honestly. The these zoning changes are mostly.

B

Just a cleanup they're, not major changes to zoning, and we have a lot of actual major changes.

B

To zoning that are going to need that kind of probably time and a meeting to themselves.

B

These I feel, like we've, had been looking at for over a month now, since we started looking at them.

B

Back at our work session back in may so I feel like these are sort of at the tail end. I just want.

B

To make sure everyone gets time to absorb what actually is on the paper now and if they still.

B

Have questions we'll have a chance to ask them before we actually move this keeping in mind? It's.

B

Still going to go to city council as well and have public hearings at that point as well, so I think.

B

That it would make more sense this round to do it, but I certainly would consider that in the future.

B

For some of the real major, more zoning amendments that we're going to we're working on now and.

B

Looking to bring forward to this board, um hopefully in early august, okay, now that I.

E

Know be first tomorrow the zoning will be first, I withdraw my motion, okay and just to further.

A

Reinforce what uh councillor moreau said? Most of the changes are very small technical things that.

A

Zoning geeks, like some of us, pay to pay attention to but, as I said most of the board members haven't.

A

Seen them yet, so it just makes sense for you guys to be able to have a chance to read through.

A

So we have a motion just one thing: if we do pass it, I'm presuming that we'd like to start an.

C

Hour early, so the set start time at this point is 6 30 for the wetland, cp training.

C

With the um and just wanting to make sure what the start date that you'd like to the start.

C

Time, I'm sorry that you'd like to have for six o'clock would be enough. Wouldn't it a half hour.

F

Is there an anticipated duration for the training? It is to take no longer we've.

C

Already arranged for the consultants to come, it should take no longer than two hours. We.

C

Pay them for a two-hour session. It is 6 30 to 8 30. they're really hard to get. We don't want to.

B

Move that right again to answer your question: it shouldn't take more than a half an hour, but right.

A

We don't know what we get might get for questions right, even if it's an hour, it's that yeah.

A

Reasonable, I think six six would be yeah, so I think councilman. Your motion was to.

A

Continue this to six p.m, to move it to 6 p.m. On wednesday june 29th here in this room and.

B

Just before our next second I'll, second again yeah just to confirm so we have a motion to continue.

A

The zoning until next week at six o'clock on wednesday, the 29th 29th, would be a public hearing.

A

Any other discussion of discussion uh can we be assured that we won't be getting changes.

B

I'd like to ask that nobody requests any more changes and then we won't.

B

I don't know how to do that properly, but I think we closed the door tonight on any.

B

Future changes to these, so we did proposed a revised uh draft very late and it was in.

C

Response to several members of this board, who had some last minute changes- and we talked about as.

C

We move forward with amendments that we may want to have just a cut off time. Please submit your.

C

Comments and we'll add them to a comment matrix and address it, but we'll try and get those.

C

Ironed out a little earlier, so we don't have this kind of last minute, because I realize that it does.

C

Spring spring on you a last minute edit, so we'll try and set some deadlines and get out ahead of.

C

That next time, that's not to say when a vote is taken, there couldn't be a stipulation, a minor.

F

Stipulation of some kind- that's always expected. I wouldn't want to preclude a necessary edit, which.

A

Hopefully be something relatively small between now and then it's something done in public, not.

A

It could be done in public and at the meeting, not in advance correct, so no advanced changes, correct.

A

Any other changes, any other changes will come to the meeting on wednesday. Yes, is that that's what.

B

It's always it's always open for a board member to bring forward a change to something that we're.

B

Discussing while we're discussing it in public so right now as long as it's within the notification.

C

That we have pre-noticed that there's we always expect that yeah. So I'm good at that. Okay, I.

A

Think we're ready for a vote on that. All those in favor, aye, aye, aye, aye opposed motion carries. Will.

A

Continue that until next wednesday, at six o'clock, thank you. We now have the minutes from april.

A

We have not make a motion to approve the minutes of april 21st, regular meeting.

D

Second, discussion.

B

Nice to see all the typos fixed good to go. Are we good to go ready for a vote? All those in favor.

A

Aye aye opposed motion minutes are approved. We have determination of completeness for the.

A

Request of that artwell llc as owner of property at 437 lafayette road for preliminary and final.

A

Subdivision and request of james and gail sanders as honors for property 445 marcy street. We need to.

A

Determine those as complete ready to proceed, have a motion I'll make a motion request uh that the.

B

Artwell property at 437 lafayette road is complete. Second yeah. The subdivision.

A

Do we need to add contingent on grounding of any of the waivers well? This is just.

B

Review determinations of completeness so, okay, I'm I'm good with that. Any discussion.

A

Those in favor aye, aye, aye aye opposed that was complete, sanders sharing a little slow. Now that.

A

Was pretty quick, we didn't there's 440, we haven't really reviewed 446 marcy. Have we.

D

This is so we can review it. This is just completeness of the people we have to accept.

A

It as complete in order to review it so so I will continue to make a motion that we for subdivision.

B

Review determinations and completeness for 445 marcy street for james and gail sanders.

A

Second, after somebody say one second,.

A

Ready for a vote, all those in favor all right closed, complete.

B

And under determinations of completeness, I will make a motion under site plan review.

B

For rigz enterprises llc for the property located at 806 route, 1 bypass, requesting site plan review.

B

For determinations of completeness that it is complete off. Second, any discussion.

A

All's in favor all right proposed that's been complete. I would continue on to make.

B

A motion for determinations of completeness regarding the artwell llc for the property.

B

Located at 437 lafayette road regarding the site plan aspect for completeness a second.

A

I'm just going to call for a vote unless somebody wants all those in favor, aye aye opposed is.

A

Complete and I guess I will just keep going under determinations of completeness item c for the.

B

Request of master and master rom restaurants, owner granite state convenience applicant for.

B

Property located at 2255 lafayette road, I was determined that the site plan plans are complete.

B

Second, all those in favor aye, aye opposed that is complete. I have a public hearing for old business.

A

Festive master on restaurants, owner we actually have two items uh monitor old, monitor. New first is.

A

Master requested master on restaurants, his owner and granite state convenience is applicant for.

A

Property 2255 lafayette, road requesting site plan review and conditional use approval for use, 19.40.

A

Under section 10.440 to allow a drive-through facility as an accessory used to permitted.

A

Principal use in the gateway corridor zone said properties on assessors map, 272 lot 3 and is in.

A

The gateway corridor district. We also have a request by the same master in restaurants, inc.

A

As owner and granite state conveniences applicant at the same location, requesting a.

A

Wetland conditional use permit approval according to 10 point 10 17 5.5 of the zoning ordinance.

A

To convert an existing fast food restaurant into a retail fueling station and a convenience.

A

Store sandwich shop with a drive-through window and five fuel pump dispenser islands.

A

Associated paving parking and storm water system upgrades for the entire site, creating an overall.

A

Disturbance in wetland buffer, 33 555 square feet again: the property is an assessment map, 272 lot 3.

A

We have a motion to consider these two matters together, I'll make that motion a second.

A

All those in favor aye, aye aye, closed.

A

We'll consider these two matters together, who is here this evening to speak to this application.

D

Good evening, mr chair members of the board of attorney john boston, I represent the applicant.

D

I'm joined tonight by brad pernon from granite state convenience and our project engineer.

D

Nicole duquette from gpi and we're here tonight requesting site plan review a wetlands conditional.

D

Use permit and a conditional use permit to allow a drive-through facility as an accessory use.

D

To a permitted principal use in the gateway corridor zone in order to convert the former.

D

Burger king on lafayette road into a retail gas station, the common man sandwich shop with.

D

The drive-through associated paving landscaping and storm water up upgrades on the entire site.

D

This project has been in the works for quite some time. We started in early 2021. We continued to.

D

Work with city staff and we had work sessions with both the conservation commission and the technical.

D

Advisory committee, we then went to the zoning board of adjustment on february 15th to obtain.

D

Site variances, then we went to attack for public hearings and received their approval on may 3rd.

D

And finally, to the conservation commission, where they determined on june, 8th that the criteria.

D

Stated in section 10.10, 17.5 0 had been satisfied. We've also reviewed the staff memo for tonight's.

D

Meeting and we're in full agreement with the requested recommendations. So with that background.

D

I'd like to uh invite nicole, to get to the podium she's going to walk you through the site plan.

D

And then we'll happy to answer any questions you may have.

I

Good evening, nicole, to get from riemann peterson for gpi um here representing g s c,.

I

L llc you're, probably very familiar with this property. It's the burger king.

I

Property across from water country recently they closed down shown on the aerial. They has a.

I

Big expense, expanse of pavement, mainly because there's 73 parking spaces around.

I

Around the existing burger king and it does have a drive-through and the drive-through does.

I

Wrap around the back of the site to the drive-through window.

I

As stated before, this property is within the gateway corridor district. It's a 2.57 acre lot.

I

And isaac, do you mind going to next one after that? Thank you so I I love my color renderings, because.

I

It shows a whole lot more than just the black and white. So what we're proposing is a 4970 square.

I

Foot common man roadside with a drive-through and there's 26 parking spaces on this and 10.

I

Parking spaces at the pumps, so there will be as notice there's by fueling dispenser islands.

I

Which means 10 fueling positions on this, so there's 10 spaces at the pumps themselves.

I

This does include a drive through, but not only that it we have provided a mobile.

I

Pickup lane, which is that interior lane, pointing with my pen instead of this sorry.

D

There we go, oh you have it back. There.

B

Okay, if you hold the top button, okay, it's delayed all right. So.

I

um There's a drive through the drive three lane is the exterior lane right here and then there's.

I

The mobile pickup lane that's on the interior, so only one has a window, no window ordering post.

I

A menu board, which is the exterior one and the other thing that we have on the site, is.

I

12 charging stations towards the back here, so this will be a combination, um hopefully of tesla.

I

And um universal charging, I think we have eight tests, future tesla parking spaces and.

I

For universal on this, so those are for future use um most likely. The tesla ones will probably happen.

I

Quicker than the universals, if I'm saying that correctly.

I

They're I they're pretty hot to get there so um to to explain the drainage. That's out on this site.

I

uh We do have deep some catch basins around the site. um First, defense, uh hydrodynamic, dynamic.

I

Separators to separate our oils sands and floatables and an oil water separator tank.

I

Back here, which is about a 4 000 gallon tank that all goes into an underground detention.

I

System, that is to the back of the property so from the underground detention system um and.

I

There from there it will be pre-treated and will go into a jellyfish treatment, stormwater treatment.

I

Unit for final treatment before it enter exits onto the wetland. Now there is wetlands around.

I

This property, we don't plan on impacting any of it, so this is that lighter color green. This.

I

Is actually a swale between the two properties, uh the custom pools property to the plan left here.

I

uh There's a swale there's uh actually a culvert that exits out here from the d.o.t.

I

From route 1 that that outlets out into this wetlands and then continues on to the wetland.

I

Area back here, so the main part of the wetland is back here and it is an extensive wetland. There is.

I

Also, a sewer easement that is towards the back of this property here, that we do have rights to.

I

And going into the sewer, we did have an existing sewer service that did go through the wetlands.

I

Per direction of the dpw we did have that videoed and it it it's an older.

I

Service, it was pretty broken up, the the pipes were separated, so we determined to.

I

Provide a new service, but instead of impacting the the main part of the wetlands over here.

I

What we're going to do is we're going to put a new service through the upland to the to the sewer.

I

Easement in the back, um the the sewer service, the existing sewer service will be abandoned.

I

uh Will be removed where it's in the pavement but abandoned within the wetland and we'll be we plan.

I

On plugging it from the main so that we don't have to provide any wetland impact, so we've already.

I

Been in touch with eastern piping servicing to make sure that we can do that from the main.

I

The other thing that you want to describe is the erosion control on the site.

I

We are proposing the construction stabilized, the stabilized construction exits that are required on.

I

Every uh site um they catch basin, inlet protection with the salt sacs, the silt fencing around the.

I

Site and the slope stabilization blankets, because we do have there's quite a bit of elevation.

I

Difference between the front of the site and the back of the site, so there is a slope back here.

I

That we do need slopes, slope erosion, protection, blankets on and those those will be. The non.

I

Since we're next to a wetland, we do propose those to be the non-plastic netting that.

I

Is usually recommended by aot when we go to when that's sent to fishing game, we don't need to go.

I

To aot on this, but we feel that it, since it's so close to the wetland, it should be done.

I

We did go to the conservation commission.

I

And uh some of their comments was because we're in close we're within the wetland buffer, which.

I

Is one of our cups that we're requesting that we limit the amount of fertilization.

I

Of fertilizers that we're using on there on the site, which were perfectly happy to do.

I

And there was one of the original comments was to grade this side area here, so that there was.

I

A depressed area here to catch any snow melt that does happen to go that way before it goes into the.

I

Wetlands directly, so that will allow the snow to melt in that depressed area to the side, capturing.

I

Any sediments or debris that's within there and and the water will infiltrate into the ground.

I

For, as far as landscaping goes,.

I

We are proposing some english oak trees up here. Some honey, locust along the side.

I

And a snow drift crab apple in in the center here, along with you know, a species like spirea dogwood.

I

And inkberry and some ornamental grasses, uh just to name a couple of things that are on.

I

The landscape plan, one of the things that the conservation commission had requested, is that we.

I

Provide some additional wetland planting along the slope which we are happy to do, uh we'll have our.

I

Landscape designer bob white working on that uh provide those for for the conservation commission.

I

Regarding um state permitting, we will, because this is a gas station site, we will need to.

I

Have uh des approval on the usts, the tank and piping designs so we'll have that licensing.

I

And permitting as well as this has to go to dot, we did submit that and it is currently pending review.

I

We did go to the zba. Also, uh we we got variances approved for parking between the building and road.

I

For uh having the building which, on this, uh we were considering this as the main building.

I

Greater than 90 feet uh and because our building is back there, we have less than 75 percent.

I

Front line build out that was another variance we needed and then more than one driveway.

I

We do have more than one driveway, but this will continue as as it.

I

Was used for burger king, this will be in in only an exit. Only driveway.

I

We are requesting two waivers for the site, um although we got the variance for the two driveways.

I

It is written in your site plan regulations too, so I added that as a waiver. uh So we are asking.

I

For the waiver for more than one driveway and then uh we do have the variance another waiver.

I

That we need for the exiting distance between the drive-through window, and this curb the the curve.

I

Of the curb at the exiting lane, so we have about 34 feet and 40 feet is required. There.

I

One of the things additionally to that we are asking for a cup for wetland.

I

So I just wanted to point out on this this that we are actually decreasing the amount of.

I

Not only pavement so we're decreasing the amount of pavement on site by about 3 000 square feet.

I

And then impervious in the buffer, we're decreasing the pavement.

I

From 29 000 to 20 000, so a decrease in 9 000 square feet of pavement within the buffer.

I

So right now, this all here is paved this section here that will go back to vegetated and then.

I

This is the dumpster back here, the that little rectangle back there, and this is all paved as well.

I

This lighter color green in here is all pavement that will be removed as part of this. This proposal.

I

In addition to that, the disturbance area in the buffer is going down.

I

From about 49 000 square feet existing right now to about 33 000.

I

And, as you can see here with the the variation of colors right here,.

I

The existing burger king pavement is right against the wetland line.

I

So it's basically zero foot setback, so we will be increasing the setback.

I

Not only along the the side edge here, but in the back to the main wetland pocket in the back.

I

um Regarding the drive through, we are requesting the cp cup from the drive for the drive-through.

I

And the gateway corridor district as well, and with that we're hoping that you consider that.

I

Because there is currently a drive-through on the site um providing a drive-through on.

I

The site in the future will be no different um and will not be impact public safety um or.

I

Environmental concerns, as we've we've noticed, this will actually clean up the site because.

I

The existing drainage- I didn't I didn't uh say this at the beginning: the existing drainage.

I

On site there isn't any: um it is just sheet flowing right into the wetlands. So by doing.

I

This we're we're cleaning the water, that's going off of the site and we're reducing the amount of.

I

Disturbance that it was is close to the wetland and within the buffer, so.

I

We feel that this environmentally is an improvement with that being said, I.

I

Actually, I I do have to I do want to show you a couple more things.

I

uh Isaac, do you mind uh the signage plans? It's probably three, three and.

I

Just scroll three pages down.

I

Oh there we go so this is what our signage is going to. Look like the we did get a variance.

I

For the freestanding sign, but as far as the building signs we are in compliance.

I

um The building type we'll go we'll go through those plans afterwards, but there is going to be.

I

These signs in the front, typically, the prototype, is to have signage on.

I

Three of the sides we've limited just to the front side on this building.

I

So this will be similar to if you, if you're familiar with the common man in.

I

In manchester, at the corner of goffs falls road in south willow street. It's similar to.

I

The the design, but the the square footage is a little bit different. This is the new prototype.

I

That we're proposing there, um but the signage is all the same in on that site too. One more.

I

And this is a picture of what the building will look like. So we are planning on having outdoor.

I

Seating on the patio area, we feel that portsmouth is a good area to have the outdoor seating in.

I

So it is a mixture of different uh facades uh just to break that.

I

Break up the visual impact of the building, um if you have any questions other than that, uh both.

I

Myself, brad and john arkey to answer them. Thank you. Thank you. Any questions. Yes,.

B

um I know that I read somewhere and it was many pages, so I don't remember exactly where but you're.

B

Going to have make sure that all of the snow was going to be plowed and kept out of the buffer.

B

Areas and I'm just wondering how exactly plan on managing that? Well, there was a recommendation.

I

There was a condition or recommendation put on for the conservation commission that we try to.

I

Use the front area: do you mind going back to the color render? Thank you using the front area.

I

Here, first for snow removal, yeah and then this as a secondary area for snow removal.

I

There is a fence back here, one of the earlier um actually, when we were there conceptually.

I

They did ask us to put a fence in here just to make sure that that no trash or anything.

I

Goes to the wetlands so it's easier to clean before it goes to the wetlands. So we can't put.

I

Snow back here so that kind of limits that so the only areas we can put snow is here.

I

Over here and there's a small area here, but that's not a whole lot, so one of their.

I

Recommendations is that we use this area first and then I use this as secondary snow storage,.

B

And do you think you'll be able to actually tell the plow drivers that.

B

I just know that that becomes very difficult. Unless they're, probably we can tell them.

I

I can't 100 tell you that they're going to listen.

B

Just that uh one more question, if I might um you had written in here, that you were going to.

B

Use silt fence- and I know you're using- I love the blankets that you're using in the fact that using.

B

The natural material would you have an objection to using silk socks versus silk vents, not at all.

B

Okay, that's all would you like silt socks or straw bottles, anything that lets the smaller.

B

Animals get around versus blocking them, especially when you're that close to a weapon. That's good.

A

Any other questions just jim, uh it's, mr cat, correct, yes, okay,.

E

One of the variants you're requesting is the 40 foot radius to 34 foot. Is that correct or the.

E

It's not the radius, it's the distance to the radius due to that curve. Yeah now I.

E

Assume that standard's there, for so that larger vehicles have enough room to turn.

E

In that to make that corner, have you run turning templates to make sure that's still.

I

Yes, um we've so with the vehicles we try to keep with all of our drive-throughs.

I

um No matter if it's a dunkin, donuts or um common man or or any type of fast food.

I

We try to keep 15 foot minimum the right uh your regulation says 18., so we have more than.

I

Enough radius over there uh and then that that that 34 feet is I've at the 40 feet. I've never.

I

Actually seen that standard, but it is, we can make that curve out of the drive-through window.

I

And we have run truck turning templates around this site as well, both for the delivery trucks.

I

And that's in the the site plan package, the last sheet, so delivery trucks can make this.

I

Around here and then fueling trucks can make it around uh in and around this way. So we.

I

Did both the turning radiuses for those movements? All right? Second question: um I noticed uh you're.

E

Having future uh ev charging stations and that you note that they'll be in the future and.

E

Is that? Because there's not enough demand right now or it's very expensive to get these started? Is.

E

That kind of the reasoning why they're not being built immediately, so I don't and brad, can probably.

I

Tell you more than me, I I don't believe new hampshire has have they released the funding for.

J

Good evening uh brad partner for granite state convenience, so we have a deal.

J

In place with tesla and we operate with them at the hooksett, welcome centers and they're going.

J

To be developing at this site with us during the construction, we also have agreements in.

J

Place with chargepoint and the big hold up on universal fast charging is the state releasing.

J

Des releasing the funds for that there has been progress. We were recently awarded funds for.

J

The hooksett welcome centers, but it's going to take some time for other projects to be.

J

Submitted and approved for funding, but the good news is: we have those relationships in place and.

J

It's it's really about timing on the state's end and releasing more of that uh funding. That's out.

J

There, okay, so you're hoping to get quite a bit of public funding to build these yeah. There's.

J

Economically, it's not it's not the best investment today on the universal fast charging from.

J

Demand from from customers you charge at home versus fast charging, so uh subsidy is important.

J

um In order to get that infrastructure, so when you say fast charging those are the type three.

E

As I understand yeah they're very comparable, um they may even exceed tesla standards now for fast.

J

Charging that's what's required in our in our uses, whereas at your house that would be a level two.

J

Slow charge you're doing that overnight, you're, not incurring those demand charges.

J

It's a complicated subject with demand charging and fast charging in general. Okay, thank you.

A

Any other questions.

A

Mr kieras did you include the trip generation for your charging in the future use of the site.

I

That I I'd have to ask my traffic engineer. I don't have that off the top of my head.

I

I don't think it's it's required to do that as a use, as of yet ites only go by.

I

The convenience store use- and I think, on this one we even did.

I

We looked into the difference between retail use and.

I

Not retail the gas station convenience store use and um the area of the building just to make sure.

I

We got the the greater of the two, um so I don't think there's an ite standard yet for just the.

I

There isn't the chargers, unfortunately, is there a net increase or decrease in trips.

I

That I don't know off the top of my head, but I could get that information for you. Okay, any other.

A

No other questions of the applicant.

A

Open the public hearing anybody here like to speak too, for against this application.

A

Anybody on zoom.

A

Nobody here to speak too, for against this application.

A

Last call I'm going to close the public hearing.

A

What's the pleasure of the board.

B

I'll make a motion that we vote to find the application meets the criteria set forth in 10.1017.5.

B

And to grant the wetland conditional use permit with the included stipulations 1.1 through 1.7.

B

With the added stipulation that they utilize either silt sock or similar.

B

Similar product to it second.

A

Do we need to um those just for subdivision nope, that is the conditional use wetland.

B

Conditional use permit only okay, there's no subdivision in this one.

A

I was jumping ahead to the wrong application. Sorry about that, I just threw it the waiver. The cyclone.

A

Waiver request is what I was thinking about. That's next, so any discussion about the wetlands issue.

A

They are reducing it, reducing the impact I yeah I mean. um If I get a did. I have a second, oh yeah.

B

Did I get a second, I can't even hear um yeah I'm impressed I've uh driven by the site. Many.

B

Many times in my life and um know that there's a bunch of wetlands back there and I was concerned.

B

If something else was going to happen here, not to increase or encroach anymore, so the fact that.

B

They're pulling everything back is a positive, um so yeah, I'm I'm pleased they're actually going.

B

To treat runoff where right now, it's just going down and going in and nothing's happening to it so.

B

It's a huge increase and benefit all around you in addition to the pullback all the a lot.

D

Of improvements that it has overall to help manage and protect the wetlands, I think it's.

A

A big improvement anything else. We have a motion in a second for the.

A

Wetlands conditional use permit all those in favor, aye, aye opposed motion carries.

B

I would make a motion that we vote to determine that the placement of the.

B

Transaction window, as required in section 3.6.1.3 of the site plan, review regulations.

B

Does not nullify the spirit intent of the city's master plan of the site plan.

B

Regulations and to grant a waiver for the distance requirements in that section. Second,.

A

Would you like to explain your motion method? Are we good yeah? I I think I'm good. I think it's.

B

Self-Explanatory I mean there's already actually way worse drive through there now. That goes all.

B

The way down into the wetlands practically before you come back up, so this one's much.

B

More in tune to the area- and it's it's pretty normal for this area- to have a drive-through.

A

Any other discussion, all those in favor all right opposed. I make a motion we vote to.

B

Find the application meets the criteria set forth and 10.24 of the zoning ordinance and.

B

Grant the conditional use permit for the drive drive-through facility as an accessory use. Second,.

A

Same any explanation, no, I think I'll send it off.

A

All those in favor, aye, aye opposed motion carries I'd, make a motion to vote to approve the site.

B

Plan with the following conditions, four point, one: two: three and four and five. Second, any discussion.

A

All those in favor aye aye opposed.

A

A

I have 445 yeah. Did you folks need something else.

B

You're approved.

D

You're welcome to stay. You can hang out with us if you want, I think the the agenda and.

H

The agenda and the the agenda and the staff memo are not exactly the same, because 445.

B

Is first on our staff member, but it's not in the agenda, so I'm trying to follow the agenda.

B

I figured it out when you were reading the last one. I was like. What's going on.

B

So now we're backtracking in the memo and then we'll have to move forward again.

B

We now have requests of james and gail sanders as owners for property 445 marcy street, requesting.

A

Preliminary final subdivision approval to subdivide one lot with 14 947 square feet of lot.

A

Area and frontage on marcy street praise street and partridge street into two lots as follows:.

A

Reports the proposed lot: one was 6127 square feet of lot area and 102.43 feet of frontage on marcy.

A

Street and 67.83 feet of frontage on prey street proposed lot too, with 8820 square feet of lot.

A

Area and 802 feet of frontage on prey street and 62 and 400 feet of frontage and partridge street.

A

This property is on assessor's map, 101 lot 3 and lies when the general residents be.

A

In historic districts who was here this evening to speak this application.

K

Good evening eric weinberg with altus engineering, um I will be brief. You have a long agenda, but I do.

K

Want to just add a commentary I went to rotary today and I found out it's the city manager's.

K

Birthday so happy birthday, oh happy birthday, thank you. We were saving that I get a no now.

K

I'm just briefly at 445 marcy street. It's the uh tax map 101 lot, three, it's uh the open parcel, but.

K

It's the candy shack parcel owned by 445 marcy street llc jimin gail sanders. I have jim with me.

K

Tonight it's .34 acres in area, frontage on marcy, prey and partridge we're 53 square feet short of.

K

Having legal area for three lots, we didn't want to seek on variants that they just wanted. Two.

K

Oversized lots in this area so we're proposing a two lot subdivision lot. One is uh six thousand.

K

One hundred and twenty seven square feet lot. Two on is eighty eight twenty square feet very.

K

Simple subdivision uh and I'll be brief. There were seven uh conditions in the attack on submission.

K

We've addressed all seven of those conditions there are on, I believe, seven planning board.

K

Conditions recommended on in the staff memo. We have no objection to any of those, and if you want.

K

Me to go into further detail, I'm happy to I'm happy to sit down any questions. The applicant.

A

I yes just out of curiosity, so I know they were talking, and this is so probably not a question you.

B

Want to hear about us but they're going to give it which address is it going to have? Is it going.

B

To end up with which do we, I know the entrance is on partridge, but praise street, I think, is where.

B

The front of the house is probably going to be that that's, and that was the debate.

K

On and we're going to go with what was recommended, and it's really, it was a recommendation from the.

K

Fire department, the fire department, wants when they get their 9-1-1, call to go to the driveway.

K

So they want it to be on that's right, amazon's going to want to go to the other side, so.

K

We just we threw up our arms and center. Okay, thanks killed. My curiosity anything else. Yes, jim.

A

The deputy bargain uh swine rib- am I mistaken, on your site plan. Does the address at 469 structure.

E

Encroach onto one of the new lots, the candy shack, no on no, it's the existing 200. when we open it up.

E

Spot 101-4 c2 shows it well, yes, that that does encroach it's an existing encroachment.

E

And I just didn't know, while we're creating a subdivision, is now the time to remedy that.

E

Encroachment, I don't see a really reason to it. It's there we're not going to.

K

Change it there's a good relationship, they can go on to the property and.

K

Maintain it- and I think, they're just on probably some sort of historical rights to to do that.

C

It would be maybe my recommendation that would be at the.

C

Request of the property owner, who is the one who was being encroached upon if they felt like.

C

They wanted to do that. They could have probably corrected that, but I think they would not want.

C

To probably give up their existing lot boundaries, and it's really a matter of who is upset about it.

C

And what they want to do about it and sounds like nobody is that line's not being changed so correct.

A

Any other questions.

A

I'm going to go to public hearing open public hearing on this.

A

Anybody here or on zoom would like to speak two for or against this application.

A

Nobody on zoom nobody present a close public hearing.

B

I'll make a motion, nobody else seems to want to talk tonight.

B

Vote to grant the preliminary final subdivision approval with the following.

B

Stipulations that are in the memo uh 1.1 through 1.7. Well, second, any discussion.

B

I mean I'll just speak to it briefly. It's certainly a um pretty straightforward.

B

Subdivision, I think, every time I've gone to get my lobsters behind here. I.

B

Realized somebody's probably gonna, build there one day. So it's not a surprise. It's quite a spot.

A

It's not a surprise or a shock. I'm waiting till somebody wants to tear down the little.

B

Building and draw a bit bigger, yeah build a bigger one, so you never know.

A

We have a motion in a second all, those in favor aye, aye, aye aye opposed none. You are approved.

A

We have the request of rigz enterprises llc as owner for property, 806 route 1 bypass.

A

Requesting site plan review for construction of 400 square feet of additional commercial space.

A

And site improvements, this property is located on cessna map 161 lot, 43.

A

And is in the business d district, who is here to speak to this application.

G

Hello: everyone I'm alex ross. I prepared the site plans that were submitted.

G

On this site, we actually have a very simple.

G

Small addition to the rear of the building and that's why we're here.

G

I guess if we could go to the photos. First.

G

We can explain.

G

Where this site is.

G

ah Thanks isaac so we're right on the route 1 bypass um and we're up against.

G

The stark street bridge, as you go over to the school this site is down to your right.

G

Isaac we go to the next one, so this is up on the bridge looking down at the site.

G

This is currently the city, tobacco and beverage center.

G

And then, if we go to the next one, so this is a fully developed site has been for years and.

G

Years and years, but it's actually never really gone to attack or planning board.

G

So there's a lot of a lot of opportunities for site improvement as far as landscaping parking.

G

Fencing lighting, dumpster location safety. So that's what we've.

G

We've done, we've worked had two meetings with tac had a lot of good comments from.

G

Tac and we've implemented all of their ideas and concerns so isaac. If you go back to the site plans.

G

And I guess, on the first sheet, the existing conditions.

G

And then one sheet prior.

G

There you go. Thank you, um so a pretty bare site we have here and you can see on on the rear of.

G

The building there's kind of some odd jogs there, um the owner, is a little pressed for space inside.

G

So he he'd like to fill in that rear jog with a small addition.

G

Which would give him some room for a cooler and then open up aisles inside the building.

G

One odd thing that we did find out: there is there's currently a drain line.

G

That passes right underneath the existing building, so we did work with dpw for the best solution to.

G

Reroute that and get that out of that location isaac if you could go to the next sheet, so this.

G

Is our sight fan and you can see- the proposed edition is in blue at the rear of the building.

G

That drain line is rerouted around the rear of the building. We've added a lot of.

G

Areas of landscaping, which actually brings the the site into conformance as far as.

G

Open space where it currently is not um and we've routed, the utilities worked with with.

G

Dpw they wanted a new location for the sewer line onto a new lateral. So that's been done.

G

We did work with a butter from the rear who was concerned about the location for the dumpster.

G

And we move that from the rear further up and I think in in the staff memo there, you see.

G

We are requesting a waiver for the sideline setback for the dumpster and that's up along here.

G

Up along stock street to get that dumpster out of the travel way of the parking lot.

G

uh If you go to the next sheet, isaac.

G

So this is the utility plan showing that that rerouting um showing the new sewer line back.

G

To this lateral goes to stark street, apparently the existing line um cuts through and goes to.

G

Den it for which there it doesn't appear to be an easement, so we definitely want to clean that up.

G

And the next sheet, please. So this is the landscape plan. um We did want to add as much landscaping.

G

As we could um to the front along the bypass the rear and and that side next to the butter up here,.

G

So I think that about covers it. I'd I'd be happy to go through the items that tac brought up.

G

um They were all covered in the plan set, so I don't know if that's necessary, but.

H

Greg your question to the applicant: I'm not I'm good. I.

H

Think it's a vast improvement over the current site, yep any any questions of the applicant.

A

I just the the graphic is showing along stark street for snow storage. Is there.

A

Something that's going there when snow. Isn't there.

G

um So, along stark street there's um a lot of large, gravel or rip rip rap.

G

From that bridge down, okay, um so that's a good place for that.

A

Does that hit grade right right at the edge of your parking area? It does. Thank you any other.

A

I guess that's it. We'll have a public hearing.

A

Open the public hearing on this application is there. Anybody here wishes to speak too for against this application.

A

Anybody on zoom isaac, nobody here, nobody on zoom last call close the public hearing.

H

Mr chair, I make a motion that we vote to determine that the requested waiver.

H

Does not nullify the spirit and intent of the city's master plan of the site plan regulations.

H

And to grant the following waiver uh waiver of the site plan review regulations, 4.3.5.

H

To locate the dumpster 2.2 feet from the property where 20 feet is required. Second,.

A

In your discussion, I think it's a great way to move it away from the residents.

H

You know you're moving it down along the bridge. I mean it's a net improvement, huge improvement.

A

Anything else all those in favor, aye, aye, opposed motion carries waivers granted.

H

Mr chair make a I make a motion that we vote to grant the site plan approval with the following.

H

Stipulations 2.1 through 2.3. Second, ah this is a I mean it's a concrete block. Building they're.

H

Adding they're adding vegetation, they're, adding they're, adding striping they're.

H

Adding everything it's, I think it's a very well done presentation for a minimal edition.

H

Yeah, I mean, and you can't even see the addition and it squares off an existing.

B

Just makes more building make more sense, any other discussion, all those in favor.

A

Aye aye opposed motion carries site plan. Approval is granted with those stipulations.

F

C

Mr chairman, would you like a motion to uh consider item 4d and 4e together.

A

uh Just as a quick question, I have those as for d and e: all right are on the agenda. They're, not.

B

In our memo, okay they're two different things, so it depends on which one you're looking at.

B

Where's the agenda they're they're d and e in our agenda, then I would um make a motion that.

C

We consider items 4d and 4e to be discussed together and voted on separately. Second,.

A

All those in favor aye aye opposed. We will consider these together. We have a request.

A

Of artwell llc owner for property located at 437 lafayette, road requesting perimeter.

A

And final sub-condition pool to subdivide one existing lot with 65 265 square feet of lot area.

A

And 123 9200 seater furniture and lafayette road and 336 and 6100 feet of frontage on andrew jarvis.

A

Drive into three lots as follows: proposed lot, one with eighteen thousand hundred thirty four square.

A

Feet of lot area, and one hundred twenty three and ninety two hundred feet of furniture, lafayette.

A

Road and 129 to 5700 feet of frontage on andrew jarvis drive proposed lot. 2 was 16 606 square.

A

Feet of lot area and 102 and 400 feet of frontage and andrew jarvis drive and proposed lot 3 with 30.

A

325 square feet of lot area and 107 feet of frontage on andrew jarvis drive, said property.

A

Is located in cesar map 229 lot 1 and lies in the single family residence district. We are also.

A

Considering a request by the same owners for site plan, approval and conditional use permit.

A

Approval as permitted under section 10 814.40 of the zoning ordinance to subdivide the lot.

A

And construct two new single family dwellings, one of which includes an attached accessory dwelling.

A

Unit in addition to the existing single family dwelling who's here to speak to this application.

L

Good evening, chairman childman and members of the board, my name is justin masik and I'm an.

L

Engineer with tf moran I'm joined here tonight by corey caldwell, a principal with tf moran.

L

Joe calderola of smithfield construction and derek durbin of durban law offices.

L

This project is for a proposed three lot subdivision located at 437 lafayette, road.

L

Tax map 229 lot, one in single residence zone b. This project was presented attack on may 3rd.

L

And during that meeting we discussed a list of comments received.

L

That were to be addressed prior to planning board approval, we've addressed and provided responses to.

L

Each of these comments within our cover letter that was included as part of this application.

L

This project requires a subdivision and site plan review, as well as a conditional use permit for.

L

A proposed attached accessory dwelling unit, the existing site, as shown here with that color plan.

L

It contains just a single family, one story dwelling unit and it's located.

L

At just south of andrew jarvis drive.

L

To the north lafayette road to the west, artwell avenue to the south and a church to the east.

L

The proposed um excuse me, the proposed site, is subdivided into three lots.

L

The first lot is located at the intersection.

L

The first lot here is located at the intersection of artwell, ave and lafayette road and we're.

L

Proposing a two-story single family dwelling unit on this lot, the area of this law is 0.42.

L

Acres in size, the second lot being proposed will contain the existing single-family dwelling unit.

L

And it is .38 acres in size and the third lot is located at the end of artwell avenue.

L

And we're proposing a one-story single-family dwelling unit as a principal dwelling and.

L

An accessory drawing unit attached on the east side of the principal structure here.

L

Other improvements associated with this project include, but are not limited to landscaping. Grading.

L

Stormwater management and utility installation with regards to utilities for this project, I'd.

L

Like to jump ahead to our utility plan, which is sheet c05 located in our site, development plans,.

L

For the existing house here in the middle, we're going to be using all the same utilities.

L

Except for the proposed sewer we're showing a pump system now, the existing sewer is a gravity line.

L

That comes out of the east side of the house and we'll be shifting that over internally.

L

To the west side, which will then tie into a proposed sewer force main along artwell ave,.

L

Through coordination with unitil and eversource and then further correspondence with the dpw and.

L

Tac we're showing on our proposed plan that we'll have water and electric coming off of.

L

Andrew jarvis drive, which will service the two proposed houses on lots. One and three.

L

And we'll be showing a proposed sewer force main that runs along the north side of artwell avenue.

L

And that will collect sewer from the houses on lot three and two which ultimately will.

L

Tie into an existing manhole at the intersection of lafayette, road and artwell avenue and we'll.

L

Have a proposed gravity, sewer line shown on lot, one which will kind of run parallel to where.

L

The force main performs at 45 degree angle here into the manhole and the sewer the gravity sewer.

L

Excuse me will run parallel to that and then tie into the same manhole at the intersection.

L

With regards to the site, drainage, I'd like to move ahead to sheet c04.

L

Which is our grading and drainage plan and the existing site pitches currently from a.

L

High point along andrew jarvis drive down to a low point located at the southeast corner of the lot.

L

We're trying to match the existing drainage patterns as much as possible.

L

While you know adding in different improvements for treatment and runoff mitigation,.

L

The existing soils on site are type b and were found to be considered.

L

Well, to excessively well drained through test pit exploration.

L

We're implementing four total rain gardens on site. We have one in the front yard in the backyard of.

L

Lot one- and we also have a rain garden located in the front yard, in the backyard of lot. Three and.

L

We're really act. We chose these uh bmps um to try to increase the amount of infiltration on site.

L

And we were also limited with space, and so we're trying to use kind of a shallower system that.

L

Blends in to the proposed landscape on the site, while still diverting as much of the proposed.

L

Runoff to those areas as possible in existing conditions, there's a driveway that runs through.

L

From artwell avenue up to andrew jarvis drive and the existing road width for artwell avenue is.

L

Close to 35 feet in some sections we're proposing to reduce that road width to a minimum of 26 feet.

L

There still will be a couple of sections that are just a bit wider.

L

And that's primarily because we're really only going to be reducing pavement on the north side.

L

Of the road to avoid any kind of impacts to the abutting properties to the south.

L

But through reduction of the pavement on artwell avenue, removing the existing detached.

L

Garage that's on site, as well as the driveway that runs through the middle of the site. Here.

L

That helps reduce the net amount of increase in impervious area that we're proposing.

L

In the form of the new roofs, driveways and walkways.

L

We were able to show, as stated in our drainage analysis report, that we are providing a decrease.

L

In the two-year storm peak volumes- and we are also reducing the peak runoff rates in the two.

L

10 25 and 50-year storm events in post-construction conditions.

L

So that's kind of a general brief overview of the project. Concludes. This presentation.

L

I can go ahead and start getting into more of our application for the cup for the attached.

L

Accessory dwelling unit or I can open up the floor to any questions or comments, the board might have.

A

Anybody have any questions at this point I do. Yes, um are you having to extend the length of.

B

Artwell ave, in order to get in that third lot yeah, so I apologize we didn't. Actually I didn't.

L

Bring that up, but we are extending the road um by approximately 15 feet. I believe right here.

L

And that's really to add additional space for the accessory dwelling unit parking which is located.

L

Adjacent to the the principal dwelling unit driveway, but we're using like a decorative.

L

Paver for that parking space, but we wanted to provide enough space where someone can pull into.

L

That spot and then back out and then make their way down. Hartwell exiting the site and you're.

B

Going to close off the entrance to andrew jarvis drive, so there won't be any ability for cars to.

B

Go that way right, that's correct, yeah, we're so we're showing that we're going to fill in what.

L

Was the driveway there with um just a proposed sidewalk to match existing state along the street.

C

Thank you, that's great, so the road that you're going to extend you reference a.

H

Shared maintenance is that a private road or is it a city road? It is a private road.

L

Hartwell avenue is there an existing maintenance agreement with the four houses that are there.

H

Well, there's three: on the south side, plus one: no there's only two on the south side, plus one.

H

Same question: dude yeah, if you don't mind for the record, um derek durbin on behalf of artwell.

M

Llc to answer that question: there is not an existing maintenance agreement for artwell.

M

Drive artwell drive is actually owned by artwell llc. um One of the recommendations.

M

From tac, as I understood, it was to put in place a maintenance agreement going forward so as a.

M

Proposed condition tonight and we actually have drafted that it's actually been circulated to the.

M

Two other owners on that street already for review. It hasn't really been a whole lot of feedback.

M

Other than I think it looked acceptable to one of the owners, the other one hasn't.

M

Necessarily responded, but that is something it's actually a fairly comprehensive document.

M

We're actually providing more rights right now than what they would otherwise have.

H

Well, it spells and looks like what we call a pud. So if it's a common road common maintenance who.

H

Who's going to own it after the subdivision is done after the subdivision is done, heard the.

M

Maintenance agreement- and I believe you might have a draft- is that I don't know.

M

Okay, um so as part of the submittal um in that, what will happen is because the.

M

uh Road is currently owned by artwell llc. Now we're gonna have three lots. The three lot owners.

M

Will own the road subject to the rights of the other two existing property owners on that street.

M

Having all the same rights and actually expanded rights by virtue of the fact that we will also.

M

We're reserving easements for them in the future should they decide to connect to the force main.

M

So we're actually expanding beyond their access rights, which is basically all that they have now.

M

And we'll be providing them with some some other reserve rights, so when the road needs repaved.

H

Who's going to pay for it, yep that will be uh lots. One two and three there's uh basically an.

M

Association between those lots created in that maintenance- that's really what I was asking so.

H

The association's only one two and three, not the two in the south: um they they are what I call.

M

In the document benefiting lots, but they are not the ones that would have necessarily control over.

M

Decision making, however, they wouldn't be able to make any decisions affecting that road. That would.

M

Negatively impact the rights of the um we'll just call them lots four and five, but the existing they.

M

Can continue to use it, but do they have to pay towards the plowing they do not? They don't have to.

M

No we're assuming all those responsibilities with these three lots so um right now it's it's an open.

M

Question you know who pays for why you know so I we've. Actually I I I mean I'm not gonna pat myself,.

M

On the back, but I think I did clean up a lot of the issues and I think going forward. It's actually.

M

Going to create a lot of opportunity as well for the other two existing property owners, so I mean.

M

I think it should, and I think they've seen it at least one of them has seen it that way so far.

M

Thank you. Does the physical access on our wealth stop at the edge of pavement? That was.

A

Just described, or can you continue further east? um You want to go ahead. I'll relinquish the floor.

H

I think there's a church behind it, so the road does come to a stop at.

L

The end where you see the darker hatch here.

L

At this location, and that that more or less matches existing we're just adding in.

L

An additional 15 feet or so of pavement for turnaround access.

A

Does anybody else have easement rights over that.

L

Do not believe so.

D

All right for the record, joe calderola.

K

In the uh deed, the previous deed, when the previous owners sold the greek church, the property.

K

It uh uh it states that they can, if they ever choose to open up a driveway.

D

From their parking lot, they can use that as an egress from their parking lot.

K

They never have chosen to do that, but that that is, that is a matter of deed. Okay, thank you.

A

Jim, we have one with our question. um I notice you have a low pressure sewer serving these all.

E

Three lots is that correct: it's just lots. Two and three lav one will be gravity fed.

E

Okay, so in the same lines as mr mahana, that maintenance and ownership is all on the.

E

Owners correct the city has no responsibility with the sewer yeah. I believe that's correct.

E

Okay, thank you.

E

Yes greg, so I live in a pud, so this has always been a contentious thing. Is mail going to get.

H

Delivered to all these new houses, I have to have a mailbox at the end of my street.

L

Yeah so each each one of the the new lots will be assigned a separate mailbox.

H

But why would the postal service go down a private road which is not normal.

B

It's they also get trash pickup. Well, that's the same relationship. It's a private chevrolet is also.

B

A private road- this has just been something the city's done by practice, but they didn't.

B

Take on ownership of the road and never have, but I have a dumpster in my neighborhood, because the.

H

City won't pick up our trash and there's a subdivision off of lang, road that has the.

H

Same issues that have come to the city, so is the city in agreement with, did it come up attack? I.

M

Believe I might be able to answer some of the concerns again for the record: derek durbin.

M

So the the this, um the creation of this road, it was recognized by the city council, many years.

M

Ago- or I can't say many but several years back, it was recognized that the city would.

M

Have certain rights, um and or at least, was seated certain rights? One of them was to do the plowing.

M

And certain have certain maintenance obligations of that road.

M

Us postal service delivers mail now along that road. So it's it's. It looks almost.

M

Like a like a public street in many respects, but the ownership of the road was left, it was.

M

Never um formally dedicated and accepted by the by the city as a public street um ownership was.

M

um Reserved for for the well art will llc property, that's being subdivided now. So it's an interesting.

M

Relationship, I guess between well, but as a private road who has the liability. For example, I pay.

H

General liability on my private road yep and you have a private road. Another an insurance policy in.

H

Place yeah, I I would. I would be of the the opinion that the liability resides with the existing.

M

um Lot, that's being subdivided with that with that property owner yeah.

M

I mean it is: it is deemed a private street by the city um subject to the city's right.

M

To perform those maintenance, so now the city is also going to go down there and pick up trash.

M

um I believe they pick up trash as it exists now yeah. I couldn't remember exactly with.

M

That but but yeah they do it. It's funny like that. I mean it's well, it's inconsistent. It's.

M

Inconsistent, that's correct. I mean there are other examples throughout the city as beth mentioned, but.

M

um For whatever reason- and I don't know what negotiation took place before the city council.

M

Back then, the the ownership was retained with maybe the city didn't want to deal with actually.

M

Repaving, the road or I'm not sure what the situation was at the time the applicant may not.

C

Have an answer to this question: if you'd like us to follow up with you about it, we certainly can I.

C

It sounds to me like you, have well, it's they're, getting the benefits of city services, which I.

H

Don't get and I pay a condo fee for and my road meets the requirements of a city road, and this.

H

Does not I understand, I understand what your question is. It sounds like the applicant has.

C

Addressed you know that he will. They will have a service for this and that it's going to.

C

Be provided for for the residents of these new lots. I it sounds like. What's the legal of doing.

H

That, if I wasn't able to have that legally, how can they we can definitely come back to you. I'm.

C

Not sure that the the applicant's gonna be able to answer that, I guess it kind of seems like a.

C

Little unfair to expect them to work with why they get it and why you don't get it, but we're going to.

H

Grant subdivision approval, wait, wait, wait, wait, wait, wait! Just a second wait. A second everybody.

A

Everybody everybody wait just a second there's a in the staff memo. There's discussion about a.

A

Maintenance agreement to be provided exactly that's not in the proposed conditions, you've.

A

Raised it as an issue, and we get to the stage of proposing a actual motion in a second. If you want.

A

To make that as a condition for discussion, let's make that a condition may require staff discussion.

A

These people cannot settle it tonight, yeah. The the only question I can settle is I do know it was.

M

You know it was obviously a negotiated agreement between the city and the owner at that time.

M

As to the disposition of the road and it's it's and who would perform what services for it, that's.

M

Not something we can change without city council approval, nor are we proposing to we're proposing.

M

To keep the existing relationship from a legal standpoint in place, we're just simply providing.

M

More clarity for the existing owners over what those rights are and really at least providing.

M

Some assurance for them that we will assume that responsibility of repaving, whereas it's not.

M

Necessarily that onus isn't necessarily placed on one particular property owner at the time.

M

At this time, so I hope that helps it did we have a presentation you've gone through the subdivision.

A

Aspects of your proposal is that correct correct? Would you like to stop and you want to go through.

A

Site plan as well and have the public hearing for both and then have us vote in separately.

L

um Would the board prefer to see the subdivision site plan and the cep all as separate items or.

A

We have to vote separately, but you can continue if you'd like to continue.

A

Into the site plan um that the presentation that I had was kind of a conglomerate of the.

L

Subdivision and the site plan, so I can move forward to the cep whenever sure go ahead.

L

um So the proposed attached accessory dwelling unit is located on lot. 3.

L

On the east side of the principal dwelling unit- so I touched on this earlier, but.

L

The principal dwelling unit has shown up to the garage limit and then there's a line that runs.

L

Kind of north to south here and the proposed aadu is located on the east side.

L

The accessory dwelling unit has an area of 747 square feet and it holds the same finished floor.

L

Elevation as the principal structure pursuant to city of portsmouth zoning ordinance, section 10.440,.

L

Table of uses a conditional use permit is required for the use of an aadu within the.

L

Single single residence b district and prior to this planning board meeting we did receive.

L

Comments through viewpoint stating that the applicant needs to be prepared to discuss.

L

A list of criteria for conformance for this accessory dwelling unit within this zone.

L

Within our submission, we included a cover letter that lists a set of criteria from section.

L

10.814 of the zoning ordinance and we found that within that section there were 14 items.

L

That were applicable to this proposed aadu within this zone and.

L

We went through and enlisted what the criteria were and then how we were conforming to each.

L

The the list that was submitted by the planning board as a comment, are four criteria that weren't.

L

On that list, so I can go through them one at a time. The first section was from 10.814.62.

L

And that states that the exterior design of the adu should be consistent with the existing.

L

Principal dwelling unit on the lot, the exterior design of the adu will match that of the principal.

L

Dwelling unit and it will remain consistent over time. Moving on to the next section was.

L

10.814.62 that states that the site plan shall provide adequate and appropriate open.

L

Space landscaping and off-street parking for both the adu and the primary dwelling.

L

The proposed adu that's located on proposed lot. 3 of the subdivision currently has 26 percent more.

L

Open space than required in zone srv and if you're able to go back to the color plan, please isaac.

L

We are showing proposed landscaping here, some on the back side of the house and additional.

L

Landscaping on the front side of the primary dwelling unit, there is an existing buffer.

L

Of trees and vegetation that runs along the property line here in between lot three.

L

And the abutter to the east and we're also showing some additional proposed landscaping.

L

Up in between lots, two and three and the color shown in kind of a light green here represents.

L

Existing landscaping, um that's located along the border of andrew jarvis, drive.

L

So, between the sufficient open space on the site, there's a lot of yard space.

L

That proposed landscaping. We feel that you know we're providing adequate.

L

Landscaping to conform with this criteria and, furthermore, there's adequate parking being.

L

Provided for the adu and the principal dwelling unit, as I touched on earlier,.

L

We're showing a proposed 12 by 22 foot parking space here with a paver surface that.

L

Connects to the walkway that provides access to the adu on the east side.

L

Of the building and that's adjacent to the proposed driveway for the principal dwelling.

L

Unit and so between the the garage that's being shown for the principal dwelling unit.

L

Any kind of overflow parking for the driveway and then this additional space. We feel that we're.

L

Providing adequate parking for both the principal dwelling unit and the accessory dwelling unit.

L

The next section was 10.814.64.

L

And that states that the adu will not result in excessive noise traffic or parking congestion.

L

We're only parking, we're only excuse me providing one parking space for the proposed adu.

L

And being located on a residential street with um an existing state, there's three houses and.

L

Proposed there'd be a total of five houses using this road for driveway access to their homes. We.

L

Don't feel as though the one additional space and car would generate any kind of congestion.

L

Or additional traffic concerns and for excessive noise concerns we don't have any kind of business.

L

Going on within the adu, and no reason that there should be any kind of excessive noise concerns.

L

And the last section was 10.814.63 and that states that the adu will maintain a compatible.

L

Relationship to adjacent properties in terms of location, design and off street parking layout and.

L

Will significantly reduce the privacy of adjacent properties will not significantly reduce. Excuse me.

L

So, as I touched on earlier, there is an existing tree vegetated buffer here between the two lots.

L

We do have to cut the tree line back in order to allow for our proposed grading layout.

L

um But there still will be um vegetation in between the two properties, um the.

L

The accessory dwelling unit is located roughly 20 to 30 feet from that property line to the east.

L

And the property to the east contains a church building and an existing parking lot.

L

We don't feel that putting this adu on the east side of the the primary dwelling unit.

L

Is significant enough to raise concerns with.

L

Privacy issues due to the nature of the the existing a butter, the the building really.

L

It looks out at mostly a parking lot and the back side of an existing church building.

L

So we feel that there is adequate space and a vegetative buffer there to provide privacy.

L

And also stated in that section um it touched on off street parking layout.

L

And that was kind of touched upon already, but we're trying to keep everything as.

L

Concentrated as possible by bringing that that parking space for the adu and attaching.

L

It directly to the principal dwelling unit driveway to try to keep it. You know further.

L

Away from the property line and provide more of a buffer from any kind of parked vehicles.

L

So that that concludes the comments that we received uh from the planning board.

L

And uh the presentation segment for the conditional use permit.

A

Thank you, questions to the applicant for the site plan and conditional use permit.

F

uh If I could, um it might not be a as much of a technical question as it is a curiosity. I.

F

We're seeing this development really in uh the graphics in in isolation, we're not seeing a lot of.

F

Lot, information surrounding the development and.

F

Are we is, is anything occurring here that when I look at lot, five, for example, in in a which is.

F

A very sizable lot and you can see it- I kind of googled earth did here on my on my laptop.

F

If, if a similar development happens immediately across the street, are we.

F

Doing anything here that limits that property owner's right to do what you're doing here.

F

And again, I'm not getting anything specific, I'm just seeing that there's the potential.

F

For something very similar to happen across the street lot, four: is it lot? Four sorry already has.

F

Several structures on it as well, but um five is a very big lot and I just out of curiosity is.

F

There anything at all that we're doing here that could limit the rights of that owner.

F

And I'm sorry, it's a very broad question and, like I said it's more of a curiosity because typically.

F

I like to see in the presentation how we're impacting we don't really see much of the lot at.

F

All in the presentation- and I was just making sure that we were considering adjacent laws and I might.

F

Be outside of my lane, if I am just, let me know, no the contract context is important. Does it does lot.

A

Five have access on uh artwell avenue. uh Yes, so it's not shown on this plan. I apologize, but even.

L

On the aerial, um I guess the scale there isn't the greatest, but there is a an existing driveway.

L

Two lot: five located right here. It looks like a shared driveway and I believe that is co-op. Five.

L

And then on lot, four there's an additional driveway here and we have two.

L

Buildings right here and a third building here, yeah and I don't believe we'd- be.

L

Prohibiting any kind of future um use, it sounded like we're trying to add benefits.

L

um Through our agreement to those lots across the street um and in terms of.

L

um Impact area there's we don't see any way that we're really adversely impacting those loss just.

L

From you know, improving this lot across the street, as it is a separate lot being subdivided.

L

I should note in in just in the surrounding area too, there's.

L

Map 230 lot 25 and map 230 a lot 23a across the street and those are both residential lots as.

L

Well, and located further down andrew drivers drive as the high school.

A

Any other questions for the applicant.

A

No other questions I'm going to open up the public hearing.

A

Thank you very much. Thank you about the public hearing for both the.

A

Subdivision conditional use, permit and site plan for this.

A

Application anybody here wish to speak 2-4 against this application.

K

Evening everybody, my name, is arthur karikas, I'm a member of the parish council at the saint nicholas.

K

Greek orthodox church, and um for those of you who don't know where we're located it'd be great.

K

Isaac can you put that picture back up and I haven't used this before, but I imagine I can.

K

It's coming: okay, we're located hold the top button, hold the top button down.

K

Thanks: okay, we're located right here here with a high school property. The previous gentleman.

K

Mentioned that they ran from here to the high school, but this is where we're located.

K

Right here um we also parenthetically, enjoy it right away from atwell into our parking lot.

K

Which there's well I'm sorry, if I'm not using this right, it goes in the parking lot right. There.

K

So at least you know where we're located.

K

The um council is out asked me to come here tonight, express the church's concerns.

K

Basically, there are rights in our deed that have not been addressed and because I didn't.

K

Have the wherewithal to get it up on the screen? What I did was I made.

K

Ten copies and read highlighted the specific issue. I'm going to speak to.

K

N

N

Thank you, sir.

K

Specifically, we have a right of first refusal that runs with our deed.

K

And for that for a piece of property, that's approximately 50 feet wide and it says an indeed.

K

175 feet more or less, but basically it connects it's intended to connect top number. I'm sorry.

K

It's intended to talk into the microphone. I'm sorry pardon me. It's intended to connect andrew.

K

Jarvis lane to atwelt along the border of the church property, which is illustrated right there.

K

That right of first refusal has never been presented to us.

K

People um we even attempted to make some.

K

Some effort to communicate with this organization and we've got. I have no record of any response.

K

So, for that reason, asking the planning board to not approve of this application.

K

I don't know how we can make it more simple, because the above rights and privileges.

K

These options shall run with the land.

K

In the building on the airs, executive, administrative successes or signs of.

K

The property so that property that right-of-way runs right along that right-hand easterly border.

K

I wish I could report to you that there would be effort by everybody to.

K

Sort of discuss and work this out, but um there's nothing.

K

Thank you. Thank you.

A

Anybody else wish to speak 24 against this application.

A

Name and address of the record please christopher chase.

O

34 art will have the aforementioned block five.

O

Real quick to answer greg's question about the history and why the city does that in the early.

O

70S, I believe it was 72. The city council voted to give us the right to have trash and plowing.

O

Pursuant to actually making well a city road, but they never followed up on it,.

O

And it's just been out there ever since, but that's why that's sort of set up that way and.

O

Just so you have some industry, my wife's family's owned that our property, since it was built in.

O

Their 30s her my wife's grandmother, actually owned 437 aren't well. They donated all right.

O

If the donated or sold some of the property of the greek church, so we've been there a long time.

O

We have a couple concerns, I'm not sure if I'm really for or against this yet, but the concerns.

O

We have is we're reducing the street size from 35 to 25 feet and because of the layout of the land.

O

I have half a driveway on my east side of my property, which is on a nice hill. That's.

O

Eight to ten feet down in the winter, if I could park more than one car on that.

O

I have to have somebody push me up out. It's gets stuck in there.

O

The other problem is, we have drainage issues, so the water drains down onto our side of the.

O

Street south side of the street, and we actually had to put a berm up uh recently in the water.

O

Which has helped it, but it also has completely restricted my access to my driveway to prevent.

O

Water going into our basements, both mine and 36's, basements, historically, once every two to three.

O

Years, I would have six inches in the basement. My neighbor would have over a foot, so we've always.

O

Had a drainage issue on the street and the way it looks like with the rain berms coming right now,.

O

um If they dump out onto artwell during a heavy storm, it's just going to come right into my front.

O

Yard or right down in my basement, because I'm going to have to if I can't park on the street.

O

I'm going to have to do something to get into my driveway, which means I'm going to knock out.

O

My berm water will come right back down it, so we have a little bit of a concern there.

O

um Yeah historically, I mean my wife's family's been living in this property since the 30s and.

O

I've been parked on that street ever since we've historically always parked there. My.

O

Wife's grandmother did it her great grandmother? Did it.

O

It's a long history in terms of the agreement for the.

O

O

Maintenance, yes, I have yet to receive it. The first time I read it was when.

O

I two hours before this meeting and if what they say is true, okay, but you know.

O

They haven't approached us or talked to us at all about any of this.

O

So I have, I have to my lawyer: look through that and figure that all out, so that's I'm.

O

Sort of based on what I'm hearing I'm a little bit neutral, but I have grave concerns about parking.

O

And for myself and the drainage issue, which has been historically a problem on this property, it.

O

Basically, the street comes from the top of andrew jarvis and the hill goes all the way down to the.

O

Back of richie's property, which is 36, and it basically levels out in the wood block behind us.

O

And basically any good rainstorm. I have I'll have a half foot of water in the backyard and.

O

It just rolls right down the hill right off lafayette right down, so we've always had a.

O

Problem so I would like to see that better addressed is one of my concerns with this.

O

And obviously my parking is a little bit of a concern in terms of lot five, the other side.

O

We don't currently have any time plans to develop, not that I wouldn't do it in the future. We've.

O

Talked about it off and on, but I actually like having the grass in the open yard over there.

O

A little fashion that way, so that's where we're at right now, I thank you for your talk.

A

Thank you very much. Anybody else like to speak 2-4 against this application.

J

Good evening my name is butch ritchie. I live at 36 artwell, which is lot 4.. Four.

J

Lived in portsmouth so far, most of my life. So I appreciate you listening to the presentation I.

J

Talked to the developer, I have a couple of minor concerns. One major concern so I'll start with a.

J

Major concern, like I said we have talked with them, but I'd like to one record as far as where I feel.

J

Some of the major issues are uh chris, just addressed that I think the big issue is drainage.

J

um From lafayette road to the end of artwell, the road actually drops eight feet. You really.

J

Can't see it, but that's an eight-foot drop when it rains. The rain comes down well dumps into my.

J

Driveway- and I literally have a foot of rain on a heavy storm. We've put the berm up, as stated.

J

But the problem is it's just a road that just takes a lot of rain and comes down very, very heavy.

J

My other concern is, although they're narrowing the street gives us more pervious materials.

J

You're also adding two houses with driveways and so forth, which is going to add more impervious.

J

Surface, I'm very very concerned about drainage, the four rain gardens that they proposed. They.

J

All basically dumped to the east side of artwell, which is a low spot. Where does the water go from.

J

There nobody's talked about that, it's going to it pools now, and I can just see once they have those.

J

Two houses we're going to have a major flooding issue. It can't go through to the church because.

J

There's a berm along the side, so all that water conjugates now with the bottom of our well and.

J

It's a real mess, winter time it freezes up and, as you said, the trash trucks come down.

J

uh Fire apparatus and so forth, they've had to get down. There would be a real mess so.

J

That's probably my main concern like I said we have talked about it, but it's just something I.

J

Want to go on the record of state and I'm very concerned about the drainage.

J

Construction during construction, I'm in the hopes that, although they're narrowing down to 15 feet.

J

My concern is construction vehicles parked there can fire apparatus still get around and whether.

J

That's something we work out in the maintenance agreement or not. It is a concern of mine.

J

And then the other concern I have is currently our two-inch water line runs under lot, one which.

J

Is all grass now it's going to be under a driveway? I'm concerned cars driving continuously over that.

J

One in that two inch water line over time, I'm hoping that it's not a problem, but that is where.

J

Our water line is now it's in a nice grassy field. Now it's going to be under someone's driveway, so.

J

I'm just kind of concerned about that and as far as the maintenance agreement goes, I assume that.

J

Us the approval of the maintenance agreement is pending on the approval of this project, so I think.

J

I'll just deal with the few maintenance items I have separately when the time comes. For that.

J

And I have a couple of issues, but nothing major on that. Like I said the.

J

Main issue I have is drainage and it needs to be addressed. Thank you very much. Thank you.

A

Anybody else like to speak 2-4 against this application.

M

Again for the record, uh derek durbin I'd I'd just like to on behalf of the applicant I'd just like to address. I guess two of the.

M

Concerns that were more legal, related um first, mr chase is concerned that he didn't receive the.

M

Maintenance agreement- I just want to assure him that um we'll get his email address and send it.

M

Over to him tonight I know there was an attempt to reach out that was the one property where we.

M

Weren't sure about the contact information we reached out. This explains why he didn't get it.

M

The other concern and the more significant one expressed by the gentleman on here on behalf.

M

Of the church regarding this alleged potential right to create this access.

M

As you probably saw, I believe that, and I don't have a copy of what he handed to you, but I.

M

Believe it's a deed from 1966 to their property, which I've reviewed separately from artwell llc's.

M

Title company, which also reviewed it before they closed on the property.

M

The property at 437 lafayette road is transferred now three times since 1966.

M

Surely they've been aware of those transfers more recently, this property was actively marketed.

M

For some time, prior to my clients, my client going under contract to purchase it. I know.

M

You're acutely aware this is a civil issue, so it falls technically anytime. There's a dispute.

M

For property rights outside the jurisdiction of this board, it is our position very clearly.

M

That they have lost any right that they may have had over the passage of time.

M

Through those three conveyances which were adverse.

M

As they would claim to their rights over a period of much longer than 20 years,.

M

I know it was stated to the board tonight that there's been no conversation with them about this.

M

That's factually um inaccurate and maybe the gentleman that presented didn't have.

M

That information, but um I spoke with tim fenix on more than one occasion about.

M

This particular issue, I have a feeling, there's a reason: why he's not for the board tonight.

M

Which is, is that it's a very weak claim in general that the church has made and.

M

I don't, I don't really think it's something for this board to even really discuss or consider.

M

But the conversations were had tim did represent to me that he was acting on behalf of the church.

M

When he contacted me about it, we discussed it. I gave him my research showed him what I knew.

M

And he's not here tonight, but I would just leave you with that. I know corey or justin.

M

Would like to address the drainage concerns, which I know are relevant to the board.

M

Happy to answer any questions before I leave. Thank you. Thank you. Anybody else wish to speak.

L

For the record justin masik with tf moran, I just wanted to touch on a few of the abutters concerns.

L

uh I guess for one the road with being reduced, apparently there's sections of the road that.

L

Are 35 feet in width and with this being a private road with providing access to.

L

Just several homes, we don't see a need for it to be that wide. We worked with the fire.

L

Department and it was brought up intact and the minimum road with for fire code is 26 feet.

L

And we had further correspondence with them following the meeting and they didn't see any.

L

Major concern with shrinking the road to try to eliminate some of the impervious area on the site.

L

Really, what that's going to do is, although we are adding houses and driveways, and there is.

L

Going to be a net increase like most development, we're looking at ways that we can try to mitigate.

L

Some of that net impervious area and proposed conditions, so that was the main reason we were.

L

Looking at reducing the road with and again, we were doing so on the north side of the street.

L

To try to because it's a on uniform road as it is now. We have like 26 feet at the entrance and.

L

Then it jets out to about 35 feet, and then it comes back down to about 30.. um So we.

L

Were trying to just straighten out that line, to give it a more uniform look while again.

L

Trying to remove impervious from the site along the north side of the property here.

L

For drainage, that kind of ties into it so in any way that we can remove impervious and post.

L

Conditions, it's just going to mitigate that much more additional runoff that you're going to see.

L

The abutters concerns that there is existing drainage issues on the property.

L

He's correct: there is about an eight foot drop from the road here and then also from.

L

The sidewalk up along andrew jarvis, everything is naturally pitching down to a low point.

L

And we perform nine different test pits on the site. We found that there's other areas.

L

On the site that have really good infiltration rates, that's what we're trying to use for our.

L

Areas where we're putting rain gardens so, although you're increasing impervious area and our drainage.

L

Analysis shows this: we are decreasing our post development, runoff and volumes in our design, but.

L

How that happens is that, as opposed to now, where everything just wants to sheet flow down to that.

L

That corner of the property we're going to be capturing those flows, putting them into locations.

L

That have the ability to infiltrate and whatever isn't infiltrated. You know during a heavier storm.

L

We have outlet control structures and the ability to then match existing drainage patterns, but.

L

During your average storm we're trying to improve the site in any way possible, I mean there isn't a.

L

Ton of available options for bmps on the site and using four bmps two in the front and backyards.

L

Of lots, one and three: we feel that we're providing adequate effort and our drainage analysis shows.

L

That we are providing that reduction um and the site overall is b and a soils, so anything that.

L

Is on the yard that isn't in a rain garden is going to have the chance to infiltrate as well.

L

But again we have everything pitching towards those areas and that's, including the proposed.

L

Roofs, the driveways, the walkways and the patio areas, and so, although when you look at it at.

L

First glance it might look like there would be an increase in runoff. Our design shows else.

L

Otherwise and then I don't know isaac, are you able to go to the other pdf that has.

L

Our utility plan on there- actually, I think it is the next sheet down on this one. I apologize.

L

Yeah, so um there is, uh as the applicant mentioned, the two inch water service does run from the lot.

L

Here into artwell avenue, and then it runs down the existing road. Although we are reducing some.

L

Pavement on the side here, um the water line really does stay underneath the pavement all the way up.

L

Until it hits this proposed driveway and then it's just going from what was an impervious road.

L

To just a section of driveway and it's hard to see on this drawing, but you can kind of imagine.

L

This line here runs straight through, and then it ties into the water main located in lafayette. Road.

L

We because it's it's such a small portion of the line running under a driveway and because it.

L

Already runs under a roadway, that's traveled, on uh more frequently than a driveway. We don't see any.

L

Significant concerns there during construction, we can confirm that we have adequate cover on.

L

That pipe and at which point, if it needs to be deepened, we can look into that option as well.

L

Thank you. Thank you. Anyone else like to speak too far against this application.

A

You can speak again if you, like, sir.

K

Just a couple of points um tim phoenix made me aware of the fact that they had two conversations.

K

And both times the answer was they didn't want to discuss it.

K

Secondly, with regard to tim, not being here um we're at church, the money we get is just.

K

Donated and paying for an attorney this evening to come here to make our objection known, um I don't.

K

Think I did quite as good a job, but the fact of the matter is that I've put it on your table for.

K

You to get a look at it, so thank you anyway. Thank you very much. Thank you. Is there anybody on zoom.

A

Is there anybody else would like to speak two four against this application.

A

So close the public hearing, unless somebody raises their hand right now, public hearing is closed.

A

We have two matters before us: we have a subdivision application.

A

And a site plan approving conditional use permit approval. I I apologize for not noticing this.

A

Earlier I do note that the subdivision plan itself does have the right of first refusal.

A

To purchase that strip of land noted as something that the lot is subject to.

A

I don't know what to do with that. So note: 3.

A

If it's, if it is as described a 50-foot strip of land,.

A

Not I mean you're proposing they're proposing to put a building in.

A

Part of that, so it seems like that's something that needs to be resolved, as in fashion.

B

So yes, I would I mean without having looked at the entire title, and I get. This is what I.

B

Do for a living um without having looked at the entire title and knowing whether or not.

B

There was any other document that says this has ever been offered and um not taken up.

B

Knowing it has transferred that many times makes it a good legal case, but it doesn't.

B

Mean that it's settled and there's definitely a cloud that has to be taken care of. I can tell.

B

You what I do if it was me that's about all I can say, but um it doesn't sort of stop us.

B

From not approving this, just because it's still subject to that right, and it might mean that that.

B

House can't get built at 50 feet disappear. Would it change our ability to approve that.

B

Just because it's subject to to something is not really within our purview to be able to do that.

B

But it doesn't mean that it's still not subject to that possibility. Does that make sense.

A

Well, that building couldn't fit on that law. With this correct, I don't think that building's going.

B

To be built, if that's the case, which gives me you know, sheriff whether or not yeah.

B

It's a lot subject to a first-rate refusal, in my personal opinion that so you can let them.

B

Fight it out in court, um we have the option of continuing it too, but greg you had a question. I.

H

I'm not in favor of this even remotely um there's two title issues that need to be resolved and if.

H

It truly didn't the first refusal didn't exist, I'm sure the church would know about it. It's it would.

H

Take somebody 20 minutes of deep research. I mean I know how to do that. They also have the egress.

H

Through to the church that they just haven't used yet that's an issue. The lack of the maintenance.

H

Agreement being presented to us tonight is a major problem. You've got liability issues of city-owned.

H

Vehicles going down a private road that was supposedly supposed to be taken over by the.

H

City that hasn't been cleaned up. If they they know about this, they should have cleaned it up.

H

If somebody showed us the date of 1972 that this was discussed, then the city should rightfully take.

H

The road, it's just it's a litigation nightmare, I'm not gonna vote in favor of it any other discussion.

F

Well, I I had a similar question to the fact that the agreement is not finally and being.

F

The new member of the board- sorry, typically, is the agreement finalized before we would um take.

K

Action yeah, so that's referenced in the deed which they didn't give us. I'm sorry yeah the maintenance.

F

Agreement there's a draft agreement in your packet. It's labeled access and utility easement agreement.

G

And it does address maintenance, it was provided, but I noted to councillor moreau that we would.

C

Want to see that executed prior to the building permit so that we would know it was in place. But.

C

There is a draft agreement that typically would be reviewed by legal, and it would have to be.

C

Executed prior to the building permit- and I asked her to add that stipulation.

C

If it is the will of the board, I think that would make a lot of sense, even though it was.

C

Provided in draft form, it's not been executed, nor has it been reviewed by our legal department.

A

Now, in the applicant's favor, the only evidence we have presented by experts.

A

Says the drainage issues have been addressed so that I understand the voters concerns.

A

But we've heard from licensed engineers that that has been addressed so.

A

I'm less concerned about that. There's only two relevant abutters and they're both against it.

H

That's my point: it's a good point, but you we are constrained if we are presented with.

A

Expert testimony saying that their condition is of a certain way unless there's expert testimony.

A

Refuting it or we have personal knowledge, we're kind of bound by that expert testimony.

A

Yes, we are bound by it, but if you question expert testimony, you're allowed to request a third party.

B

Review of it, that's if you truly don't believe what is in front of you. That's the one avenue.

B

I've been told in the past that you we are allowed to request that it be reviewed by a third party.

B

um In which to be able to confirm the information or not that's the drainage aspect, that's are we.

H

Allowed to question the entire deed easement agreement that needs to be fought out in court.

B

Between the parties, we are not a party to that and therefore it's not our fight as a city.

A

Well that I agree with that, to the extent that uh the reason I mentioned it is if we.

A

Proposed to deny this application based on drainage concerns that would not be.

A

Acceptable, that's something no, I'm just as, for example, as an example.

A

But we could seek to engage outside input now. I don't know if that could extend to include the.

A

Right of first refusal issue, I'm concerned about putting a building on top of it.

A

And that's the plan before us right.

A

So and- and I I think, with the drainage issues- the fact that it is not a city street that the city.

F

Could address if, in fact, there was a problem to be corrected if it was a city street, the city could.

F

Address it, but if an issue is created, it's out of our control to correct it, is it not after it's.

F

Approved creating potentially another civil issue yeah and in questioning the.

D

Opinion there I guess, do we know that it actually takes into account.

D

These other lots concern, I mean it takes in account.

D

New lots or the their aspect of it, but how does it it doesn't seem to address that, and I mean.

D

Not that it's a city, because it's not a city street, it's but.

D

As a city you're, proving it just seems, kind of, might it make a suggestion? Concern.

B

Maybe we request a postponement of these applications until they have a chance to.

B

um Give evidence to the butters as far as the proper drainage, so that they're well aware of.

B

It so that we don't have any concerns about a private road having drainage issues for the.

B

Butters across the street, we just postpone it. It gives them until next month. It gives them time to.

B

Get that information and then maybe there'd, be more information regarding other concerns that.

B

Can come back to us as well? That sounds like a motion. If that's a motion I'll make a I'll second.

A

Motion suggestion can we can we also add to that a statement, a written statement about the status.

A

Of the writer first refusal, that was what I was alluding to with my. If there's additional.

B

Information to get to this situational information about other concerns, if I could reread those two.

C

Conditions into the record um that you would like a written statement about the right of.

C

First refusal presented to the board today for review and then the other item would be to um to.

C

Meet with the abutting property owners and uh review some of the drainage bmps that.

C

Are in place is that is that we'd, like the abutters concerns regarding drainage,.

K

Satisfied maintenance right and make sure that they're satisfied with the maintenance as well.

B

Where it's a private road, the city doesn't have control over it. Moving forward.

B

It would be nice to know that that's all settled before we approve this discuss, drainage and.

C

Maintenance of the private room from the private road got it if they could all get together. Talk.

B

Find a happy solution that would be make us all feel so much happier, and that proposal includes.

A

Continuing into the regular july meetings, I would assume one month would be appropriate.

B

Or at this point it's three weeks: it's getting closer. Does everybody understand.

A

I mean obviously, if the applicant finds they need to postpone to a follow-up month. We.

B

Wouldn't have an issue with that either, but we'll do it until the july meeting.

A

So we have a motion to postpone this to the next regular meeting, with the stipulations as.

A

Have been read any other discussion about that.

A

All those in favor aye all right did. We have a second. Yes, yes, sorry, okay, all right.

H

In case it wasn't clear that was for all of the applications like.

A

Just easier to postpone the mall than to pick and choose, the vote was a little sketchy, but.

A

I think it was unanimous vote to continue to the july meeting. Thank you.

A

A

So unless I've missed, I think the city of portsmouth is next correct.

A

Are you presenting no associate engineer tyler is presenting, we have requested the.

A

City of portsmouth is owner for property at 329 heritage drive requesting a wetland conditional.

A

Use permit approval, according to section 10.101 7.5 the designing ordinance to impact 1490 square.

A

Feet of wetland buffer to replace equipment at an existing sewer pump station. This property is.

A

Located in system map, 284 lot 5 and lies within the municipal m district, who is here to present.

A

For this application ah good evening, mr chair, my name is tyler reese, I'm an associate engineer.

J

With the portsmouth department of public works, unfortunately assistant city, engineer, zac, cronin.

J

Did not be here tonight, but I am joined via zoom by our engineering consultant, wright pierce. We.

J

Have mike terrio and jake chapman joining us via zoom, we are here to request a conditional.

J

Use permit for our heritage, avenue wastewater pump station replacement project so jake. If you.

J

Could go to the next slide? Please um we have our introductions. We will be going over our.

J

Project location and need, we will be reviewing our existing conditions and our site demolition plan.

J

We will be going over our project impacts and we will leave you with our contact information.

J

So at this point I will turn this over to jake, for the presentation.

N

Great, thank you tyler. um My name is jake shackman, a project engineer with wright pierce.

N

So we wright pierce has been contracted by the city to complete the design and permitting of the.

N

New pump station on heritage ave before we get into the proposed impacts, the 100 foot wetland.

N

Buffer, it's part of the city, cp application. I wanted to show the project location for contacts.

N

Located on heritage avenue between banfield road and route, one.

N

The pump station is necessary to convey sewage within the.

N

City's collection system and its essential infrastructure for the city of portsmouth.

N

The new pump station benefits the city by improving reliability, accessibility and safety.

N

So for the existing conditions and site demolition, this includes removing the existing pump station.

N

Existing piping generator shed and fencing.

N

And then also wanted to point out, as shown in the photo here on the right, the existing site.

N

Is um poses a hazard to the safety of safety of city personnel. um There's.

N

Especially during the winter it can, uh it can be very icy, muddy and wet conditions out there.

N

So, as far as our proposed impacts within the 100 foot wetland buffer, we're not proposing any.

N

Direct wetland impacts there are temporary impacts proposed to remove and demolish the.

N

Existing pump station that includes removing 220 feet of impervious area.

N

And installing piping and that's shown in green on the impact figure on the left.

N

Permanent impacts include the new pump station, new generator and electrical control cabinet.

N

And also the proposed driveway shown in red so that driveway is.

N

Proposed to improve access, the pump station for maintenance vehicles for city personnel.

N

As far as mitigation, we understand this is a valuable resource within the city. We're proposing.

N

Wetland flying things to restore the existing pump station site to offset some of the brush clearing.

N

Within the wetland buffer, as you can see, the proposed pump station is located further away.

N

From the existing wetlands, their native shop, shrub native shrub plantings, proposed along the.

N

Outside of the fence line along the western portion of the site as a vegetative buffer.

N

So this will help reduce some runoff velocity and provide habitat benefits. We're also.

N

Proposing native wetland seed mix outside of the fencing where those temporary impacts are located.

N

And additionally, storm water improvements are proposed to offset some of the impervious area.

N

Associated with the driveway, so that includes a crushed stone perimeter grass treatment, swales.

N

Those are proposed to promote sedimentation infiltration.

N

Vegetative filtering and uptake before the storm water from the driveway reaches the wetlands.

N

And this here is just an image of the pump station site that is existing on heritage ave. So for.

N

Reference that fence line shown will be shifted, approximately 10 to 12 feet to the left and the.

N

Radius of the driveway will be adjacent to the utility pole right here. That'll be the entrance.

N

And just another shot of the existing pump station site.

N

See the the wetlands in the back of the the property there.

N

And with that I'll wrap up my presentation, here's some contact information.

N

If you have any further questions uh following the following this meeting, and thank you for your time.

A

I I have a question, I don't know if this is for the applicant or for the.

A

Staff, why wasn't this considered a public utility.

C

I I can't I don't know, I thought that we had talked about that at other tech.

C

Meetings that public utilities did not have to.

C

Get permission to work in the well in the 100 foot buffer, but I I can't answer that question. I don't.

C

Know if it was just an extra level of caution that they brought it forward, I don't know the answer.

B

Yes, the city has always considered themselves exempt from having to do it, but they have also.

B

Gone ahead and made all their applications just like anyone else, so that we're very transparent in everything that we're doing.

A

Like with the pool and things, but this there's a separate section of the wetlands, it's the next.

A

Section that talks about public and private utilities and you're not subject to the same.

A

Criteria so, but in the same vein of things, so you don't have to but we're going to anyway, exactly.

B

Right they've taken that policy that that's what we're a bunch of overachievers, it's just the.

B

Way, it's always been since I've been around, we are they're they're, the city likes dover, chief.

E

Is the chair really? Yes, one quick question for trevor: it's tom tyler, I'm sorry tyler,.

E

um I've got your my teas mixed up and look at your demo plan. It appears that everything's being.

E

Demoed on this site, correct um everything, except for the existing wet well, okay. So um again, I'm.

E

Just wondering how old would you know this was first installed. This was installed in 1976., so.

E

It's been there a long time I will do the math, but so it's pretty much a rebuild.

E

48 years more or less yeah, okay, that's it thanks.

A

So on this overachieving we're going for a public hearing on this sure.

C

Maybe there's someone on zoom this time, yeah.

A

We can only hope any other questions, the applicant public hearings. Anybody wish to speak.

A

Too far against this application anywhere in the universe, no I'm going to close the public hearing.

B

I make a motion that we vote to find the application satisfies the.

B

Criteria, stuff, north and 10.107.50 of the zoning coordinates second.

A

It's actually 101 750.. Did I not say that you did? You said what's written but what's written.

B

We'll make that correct.

A

Satisfy the criterion, one zero point: one: zero one: seven point: five: zero! Okay! There you go. I go with.

C

That sorry is there. Was there a second to that person, any discussion, all those in favor, aye, aye.

B

Aye aye opposed make make you a post. No, no! I just I was asking what it was opposed. I'm ready to move.

B

On I make a motion about to grant the wetland condition conditional use permit as presented.

A

Second, any discussion: all those in favor.

A

Opposed none. It passes thanks ted. Thank you very much.

A

So I have a placeholder in the application in the agenda rather um and it actually, it was.

A

Spoiled earlier because uh our city manager's birthday is this evening, so thank you very much.

A

For taking time out of here personal, of course, this is part of my personal life you're welcome.

D

I hope this is part of your personal life.

A

Thank you and it's 9 15 and it's a beautiful evening. Still I'm not going to have anything else to say.

C

I'll make the motion to adjourn. Take a second.

B

Hi, we are a jury and I.

D