2018 Raymond Planning Board Meetings

On Tie Vote, Raymond Planning Board Denies Lane Road Gas Station
By Penny Williams   6-11-18

In the end, after several hours of discussion and a major concession by the applicant, the Raymond Planning Board voted 3-3 June 7 on a proposed Mega-X gasoline station, convenience store, donut shop and quick-serve restaurant on Lane Road, meaning the plan was denied. There is a 30-day appeal period.

During the meeting, Huseyin Sevincgil of MHF Design Consultants, Inc., on behalf of Mega-X LLC, discussed the three items about which the board had requested more information at the previous meeting. A landscaping proposed now removed pin oaks and called for red oaks and Colorado blue spruce trees for the berm landscaping. The spruce would be 6 to 8 feet tall when planted and the red pine would be 8 to 10 feet tall at planting.

In addition, the applicant agreed to the additional signage as requested, and agreed when the board added a request for a sign reading “Police Take Notice.”

Sevincgil provided data and information on the fire suppression chemical to be used, saying it is the same as is used throughout the country and contains nothing that would violate the Clean Water Act, as it is essentially baking soda. He said Clean Harbors would be called immediately for a clean-up if more than 25 gallons of fuel were spilled or in the event of a fire.

Neighboring residents spoke up to add to their previous concerns and complaints. Rick Whalen said the issue is not the plan but the location, which is next to a residential area and a drinking water protection area.

Another concern raised was what would prevent the business from becoming a 24-hour operation in the future. Chair Jim Kent explained that the applicant would have to return to the Planning Board to do so, but the residents pointed out that a future board might approve it, exacerbating resident complaints about noise, fumes, and safety.

Also expressed were concerns about Highway 101 Exit 4 difficulties resulting from increased truck traffic, but the applicant pointed out that no concerns were raised by the New Hampshire Department of Transportation (DOT), the Raymond Traffic Safety Committee or Raymond Police and Fire.

The applicant was asked for a construction timeline and the board restricted on-site heavy construction to Mondays through Fridays from 7 a.m. until 5 p.m. When non-site construction would occur, Saturdays could be added. The applicant said it would take four months for construction, including roughly two months of heavy site construction.

This led to a discussion of blasting, and the applicant agreed to a 500-foot radius for pre-blasting inspection of all wells and dwelling foundations, with wells within a 2,000-foot radius randomly checked.

The discussion among residents and board members continued over what would happen if a truck stopped at the location and its allowed driving time was at an end, meaning it could not move for 10 or 11 hours. Some said this was not correct, as the trucker could drive to a legal place to stop, since staying at the Lane Road location would be illegal after it closed for the night.

The board said the message would get out very fast if a truck did stop and then idled and was ticketed by the police. However, residents wanted assurances that someone would be monitoring the area other than the neighbors. The board said regular police checks for enforcement would occur.

Planning Board member Greg Bemis raised additional concerns about the inadequacy of exit 4 off to handle increased truck use. Member Gretchen Gott expressed concerns about bonding for a passing lane that would be considered after the business had operated for a year and said she has no issue with the convenience store but does with the trucks.

 Sevincgil said the owner would agree to implementing the passing lane right away, without waiting a year to see if it were needed, a major concession. The board said they appreciated that decision.

The board discussed conditions of approval and made a motion to approve the request, resulting in a 3-3 tie. That meant the Mega-X request failed. Voting against the plan were Gott; Bemis, who is the selectmen’s alternate member; and alternate member John Beauvilliers. The conditions included, as detailed above, blasting regulations, “Police Take Notice signs,” site and building construction hours, hours of operation from 5 a.m. to 11 p.m., and a bypass lane built prior to the issuance of any occupancy permits.

In other business:

• The board put off an excavation compliance hearing until July 19 and arranged to do a site walk at four excavation sites starting at 5:30 p.m. July 19, followed by a delayed meeting start time of 8 p.m. The excavations are at Severino, Hard Rock, Gregoire, and Pritchett Galloway.

• A hearing on The Meadows was continued from June 21 to the Aug. 2 Planning Board meeting. The Meadows, now known as Ridgewood Commons, is a proposed 43-building development of 172 condominium townhouses at 41 Chester Road (Route 102). Developer is Keith Martel. The two-lot subdivision has 9.048 acres fronting Chester Road and 77.247 acres with frontage on proposed roads.


Liberty Utilities Offers Information on Proposed Gas Pipeline
By Penny Williams   5-29-18

Michael Licata, director of Government and Community Relations for Liberty Utilities, visited the Raymond Planning Board on May 24 to discuss his company's proposed Granite Bridge plan, which would bring natural gas availability to the Raymond area.

He said New Hampshire has two natural gas companies - Liberty Utilities and Unitil. Liberty services the area from Nashua to Laconia and has about 91,000 customers in 31 communities, while Unitil services the seacoast. Licata said Liberty also provides natural gas in the Salem/Windham area.

Liberty’s current pipeline capacity in what is known as the Concord Lateral is tapped out, and to service new customers, Licata said capacity has to be increased. The $140 million Granite Bridge plan would connect a new pipeline between existing infrastructure in Stratham to existing infrastructure in Manchester, accomplished by construction of a new line entirely within the New Hampshire Department of Transportation land along Route 101 that is designated as an energy infrastructure corridor. Liberty Utilities would be the first company to take advantage of this designation, which resulted from legislation.

The proposed pipeline would connect the existing Joint Facilities Line that has available capacity and bring gas to the Concord Lateral line. By using the energy infrastructure corridor, no interstate commerce would be associated with the proposed line and therefore no federal preemptions. In addition, the location would avoid eminent domain issues.

The plan also involves construction of a liquefied natural gas (LNG) storage facility to be built on 140 acres in an abandoned quarry the company hopes to buy in Epping. This facility would store 2 billion cubic feet of liquefied gas, and because it would be situated in the bottom of the quarry, would preclude the majority of sight issues. The facility, to be located west of Exit 6 of Route 101, would have easy access from that highway, and would take gas directly from the pipeline and cool and store it at the facility.

The tank would be 200 feet in diameter and stand 150 to 175 feet high. It would be designed to exceed requirements as a “full containment” design, with an inner stainless steel tank surrounded by insulation and a concrete tank surrounding that. Its location in the bottom of the former quarry would provide another layer of containment, Licata said.

The pipeline would be monitored 24/7 by a control center in Londonderry, and the line would be checked four times a year, Licata said. He noted that the project would use thicker pipes buried more deeply and additional shutoff valves in areas identified as high consequence areas, based on population density.

The company would pay property taxes on the pipeline in each town through which it passed. Raymond would have 5.7 miles of pipeline, which should bring a $675,000 property tax payment in the first year and $18 million over the 40-year life of the pipeline.

Licata added that the project is expected to generate 330 full-time jobs, and the companies involved would all be from New Hampshire.

Liberty Utilities made its initial Public Utilities Commission (PUC) filing on Dec. 22, 2017. Once approval is gained  - affirming that it is needed and the proposal is the lowest-cost way to achieve meeting the need - the next step would be to review the site evaluation, which Liberty has targeted at getting underway by the beginning of next year. That would take at least a year to complete, with two years to construct the pipeline and three years for the construction of the storage facility, although both construction projects would take place at the same time.

Licata referred the board to www.granitebridgenh.com for more information.

Resident Bob McDonald questioned the amount projected for property tax payments to the Town, and Licata said he would verify his information.

Concerns with Noise, Road Widening Continue Over Lane Road Gas Station Plans
By Penny Williams   5-21-18

Huseyin Sevincgil of MHF Design Consultants, representing the Mega-X plan to construct a gasoline station and convenience center on Lane Road, addressed the Raymond Planning Board on May 17 to respond to questions that had been raised at the board’s April meeting. And more questions arose as well.

Two waiver requests were to be presented, but over the course of consulting with Raymond officials, it was determined that the waiver for a berm was not necessary and the applicant could proceed with the 2 to 1 berm slope without a waiver. The second waiver was for relief from the Town's noise ordinance, which brought out neighborhood concerns.

Responding to previous concerns, Sevincgil said a 30,000-gallon fire cistern has been added to the plan and will require Fire Department approval. He said snow storage parking spaces had been increased from four to five and the propane tanks had been relocated, with the new location put on the plan per Raymond Fire Department request. In addition, “no idling” signs and “no overnight parking” signs would be placed at the truck parking lot.

The board questioned whether the fire cistern would be big enough for the project, but Sevincgil said the Fire Department had specified that size. It would be filled by truck, with a pump house built along one edge; the Fiberglas tank would be about 10 feet in diameter. The design must be approved by the Raymond Fire Department and as a condition of approval, will require bollards around the pump house for safety.

The board had few comments regarding the parking spaces for snow storage but did note that the “no idling” and “no overnight parking” signs must be posted at the entrances to the site as well as at the truck parking area.

The board discussed the berm landscaping as part of the sound barrier for the site. The berm will be 7 feet high with an 8-foot fence along the top, and landscaping on the berm to assist in deadening sound. The board asked that the plantings be brought all the way down to the base of the berm, and after a long discussion, asked that pine trees, not hardwood, be used in the landscaping.

Raymond Community Development Director Ernie Creveling said the noise waiver request should be approved because the Town noise ordinance is "impractical and unenforceable" because it is outdated. The board discussed the plans for sound mitigation, and it was apparent that the safety warning sound from trucks backing up would be the worst of the sound annoyances.

Abutter Rick Whalen said the back-up warning beeps would be very annoying for the neighborhood. Board member Gretchen Gott said she is concerned about the noise issue as well, and another resident asked if there would be night deliveries; the owner said he did not know whether that would occur.

The board made a condition of approval that there would be no overnight deliveries, and approved the waiver from the noise ordinance requirement.

The board also discussed road widening. It previously had approved allowing the station to be in operation for a year before a road traffic study would be revisited to determine whether the warrant limits had been reached that require road widening. Gott said she thinks that should occur sooner rather than later.

Raymond Public Works Director Steve Brewer sent a message to the meeting that the estimates for the bond for the road widening were too low and had not been adjusted for 2019-2020 rates. He suggested $96,073.82 should be rounded up to $100,000 and a design be requested from and provided by the applicant for the proposed widening. The road widening calls for an 8-foot widening with a 2- to 3-foot shoulder. The requirement for a return to the traffic study after a year and bonding for road widening would be part of the conditions of approval.

Residents spoke of their concerns with noise and with trucks spending the night in the parking area. Whalen told the board, "You have heard us but you are not listening to us." He added that the issue is that the parcel in question is not the right location for the proposed commercial project, as it is right beside a residential area.

Discussion also took place about the well for the gas station and convenience store, which would be located on property across the street. The owner admitted he has not bought that parcel yet.

The board noted that a pre-blast survey for blasting during construction would require all wells within 2,000 feet to be examined before and after blasting. However, only foundations within 200 feet are required to have a foundation examination.

The board discussed whether the 200 feet should be expanded, but Chair Jim Kent questioned whether the Planning Board had the authority to do that. A message from Creveling said a condition of approval for an expanded distance could be employed to increase that distance.

The board and residents then discussed the fire suppression system, with residents concerned that the chemicals used would have a negative impact on their wells and Sevincgil assuring them it would be safe and would be contained and controlled by the stormwater management system and would not be a health threat in the first place. The board asked that more information be supplied about the fire suppression system, along with additional information on the landscape plans for the berm.

The board voted to continue the hearing to the first available date, June 7.

Planning Board Gets Overview of Traffic, Road Construction Standards
By Penny Williams     5-15-18

Lucy Gibson from DuBois and King, Raymond’s Town engineering firm, provided the Planning Board with some of the key standards used in traffic studies and for development or review of road construction design at a workshop meeting May 10. The board is looking for ways to address the number of similar traffic and road design waivers that come before it as site plans are presented.

Gibson went over the basics of roadway design and traffic studies, and noted that both seek consistency and safety and provide the tools for road investment, with the goal of matching that investment with need.

She spoke about AASHTO, the American Association of State Highway and Transportation Officials, a nonprofit, nonpartisan group representing highway and transportation departments in the 50 states, the District of Columbia, and Puerto Rico. It includes all five transportation modes: air, highways, public transportation, rail, and water, and its primary goal is to foster the development, operation, and maintenance of an integrated national transportation system.

AASHTO serves as a liaison between state departments of transportation and the federal government. And it issues standards for design and construction of highways and bridges, materials, and other technical areas.

Gibson spoke about the classification of roads, saying it is based upon the importance and the level of use of a road. She noted the three classifications of roads – arterial, collector and local, explaining that an arterial has the highest level of use, while collectors act as links between local and arterial roadways.

Gibson and Raymond Public Works Director Steve Brewer spoke about specific Raymond roads in those three categories, and Gibson suggested Raymond regulations could benefit from some changes. Arterial roadways by definition in Raymond, she said, have volumes on the low side, and some of the roads designated as collectors should be local roads in her opinion.

The Planning Board said Town officials involved with planning, roads and regulations need to have a "conversation" about alternatives to cul-de-sacs, with an attempt to create connectivity to eliminate the cul-de-sac.

A discussion took place about the reliability of traffic study findings, and it was noted that when a study occurs, the time it is done and the environmental conditions in place always play a role in the conclusions reached. Gibson said the studies collect data and make assumptions, and the information provided is the "best guess" for what conditions will exist when a development build-out is completed. She added that they don't always know about additional developments that may take place and their impact numbers, or that a particular restaurant or store in a commercial development will be unexpectedly popular, skewing the numbers.

Gibson said Raymond roads in general fall in between rural and urban environments and are designed to fit area environment, use, need and safety concerns. The factors impacting stopping and roadway sight lines govern much of road design, and she added that there are differing costs associated with terrain. Road design factors are influenced by speed, she added, and the curvatures in a road design are factors in creating a roadway for the specific level of speed desired, as are the horizontal and vertical curvatures.

She also noted that road width and shoulders, whether cleared or with growth, also play a role. Gibson said local roads look to reduce speed so as to make them safe for pedestrians, with curvatures often used as a "calming" tool for speed.

Raymond has many streets that started as cow paths and as such are narrow and winding. Gibson suggested the stringent nature of Raymond road standards may be one of the reasons for the number of waiver requests and should be re-evaluated in terms of what applies to collector roadways vs. arterial.

Brewer discussed a number of Raymond roads from the point of view of use. It was noted that while some of the cattle path roadways could not be dramatically redesigned, they can be improved during repair and renovation periods. Gibson discussed the fact that when a speed limit is posted, most drivers go faster than the limit but that roadways for new developments need to balance use with safety and be designed for the desired speed.

Warrant levels for stop lights and turning lanes were explained as well, with Gibson saying the State views providing a signal only if absolutely necessary, and looks for alternatives such as a roundabout. Requiring turning lanes depends on the level of use of the road involved and safety considerations, she added.

Gibson noted there are alternatives to AASHTO guidelines and provided the board with references for other standards.

The Board heard that some tweaking to Raymond standards should happen to meet residents’ expectations but it was pointed out that Raymond does not have a lot of data to support any changes. There was discussion about putting together roadway design standards specific to Raymond, and it was suggested that it would be helpful for the Planning Board if data from existing subdivision roadways could be collected with a view to speed posted, actual trip use, and the impact of local roads on collector roads. Some said the numbers associated with Raymond standards for collector roads are too low.

However, before any changes can be made in Town requirements, the Fire Department would have to be involved. When a road not designed as a collector road becomes a collector due to development, it can only be improved and brought up toward that standard through repair to better deal with increased volume. A hindrance to accomplishing this is the need to get residents’ cooperation in terms of easements and rights-of-way for such improvements, officials said.

Meadows Development Gets New Name, Disputes Continue
By Penny Williams   5-9-18

The proposed Meadows development now is to be known as Ridgewood Commons, but little else has changed. And public comment from neighbors Robert and Kathy McDonald and their land use attorney, Scott Hogan, continued to occupy a large portion of a hearing before the Raymond Planning Board on May 3.

Ridgewood Commons is proposed for 41 Chester Road (Route 102), with 172 condominium townhouses in 43 buildings. The developer is Keith Martel. The two-lot subdivision has 9.048 acres fronting on Chester Road and 77.247 acres with frontage on proposed roads. The plan has been under discussion and review for more than a year, with continued discussion set for the June 21 Planning Board meeting.

An application for a Special Permit, as the development will impact Zone G land -  jurisdictional wetlands - was not dealt with at the May 3 meeting because the board and applicant are both awaiting a Raymond Conservation Commission report.

The Planning Board heard from Attorney Patricia Panciocco on behalf of the applicant, who said they had withdrawn one of the two remaining waiver requests. The withdrawn waiver concerns granite curbing, but because the plan as presented meets the required standards, it was withdrawn. However, the waiver concerning driveway slopes was still to be addressed.

Panciocco made the point that the downward slope requirement should be waived because there is no Town right-of-way and no front property lines, both primary components of the requirement. She went through the waiver criteria and said strict compliance would be a hardship because it would mean the applicant would have to install not just one stormwater drainage management system but two. She said that would not be necessary because the proposed closed drainage system would take care of the stormwater runoff.

Kathy McDonald asked how the runoff would be treated and was told there would be no chemical treatment. The designed drainage system would treat the runoff through several different treatment applications and after treatment, the water would be distributed into the wetlands.

Robert McDonald brought up references to the driveway slope issue made by the engineer during earlier hearings, and said he has a problem with the Planning Board's change from denying the applicant's waiver request for a 50-foot right-of-way to approving it. He said he wanted to know what went on between the attorneys to have created this change of position. The board approved a motion to waive the requirements relating to the driveway slope and associated drainage.

Panciocco then said for the benefit of the new Planning Board members and because the traffic study data had been reviewed by Steve Pernaw, a third party traffic expert, that she wanted to go over Options A and B as regard the treatment of Route 102.

She said Rebecca Brown of Greenman-Pedersen was present to explain the two Route 102 options that were discussed. The Planning Board supports the Raymond Highway Safety Committee's preference known as Option A, while the applicant and its experts and the New Hampshire Department of Transportation (NHDOT) support Option B.

Board Chair Jim Kent reminded the board that in this situation, NHDOT has the final authority.

Option A consists of widening Route 102 to provide dedicated left- and right-turn lanes on Route 102 at the proposed driveway entrance to and from the development. These lanes would have to be long enough to accommodate 95th percentile queues, a deceleration area, and a taper, in accordance with NHDOT standards. To construct this, a substantial portion of the site would have to be donated to the NHDOT right-of-way, and the centerline on Route 102 would have to be shifted.

Option B consists of slightly widening Route 102 for a shorter distance to construct a bypass shoulder in each direction at the proposed site driveway entrance to the development. The bypass shoulder for the left-turn lane would be 10 to 12 feet wide and 50 feet long with a 400-foot taper before and after the driveway. The right-turn bypass shoulder would also be 10 to 12 feet wide for 315 feet with a 200- to 240-foot taper. This option would require significantly less land donation to NHDOT, and would not require a shift in the centerline.

Panciocco essentially asked the Planning Board to consider changing its support of Option A. McDonald presented the board with documentation of the area and another similar development already in existence and continued to dispute the traffic study conclusions. He asked the Board to talk to the State and try and persuade it to consider Option A rather than Option B.

Robin Jordan told the board she prays every night as she waits to make a left-hand turn across Route 102 to Genco Way. McDonald then offered information on accidents in that area that have occurred since the relevant data was prepared. Planning Board alternate Jonathan Wood asked if the hearing was past the point of making further comment to NHDOT on this issue, and the applicant said if there is a condition to approval that is in contrast to what the State supports, the State would look at it further.

Board member Gretchen Gott asked if the board's letter to NHDOT in support of Option A had been delivered, and Raymond Community Development Director Ernie Creveling said he was not sure. Gott asked that he make sure that it is forwarded to NHDOT.

At that point Attorney Hogan made his comments emphasizing and explaining again why he claims the property is overbuilt and overdesigned. He insisted that if the 50-foot right-of-way were in place, the design could not work, and repeated the requirement that roads in developments, whether private or public, must be constructed to Town standards.

Hogan also repeated the questions surrounding the board's change of decision from denying the waiver for the 50-foot right-of-way to allowing it. This change means the plan as presented does not meet the Town's requirements and the applicant's use of financial hardship is not allowed by law, he noted. 

Jordan requested another site walk for board members to look at the Genco Way emergency access road. Gott agreed, and the board, after a brief discussion, decided to take a site walk on Wednesday, May 16, at 6:30 p.m., gathering at the Genco Way cul-de-sac.

Mark Jacobs, a certified soil scientist hired by the McDonalds, raised a number of issues regarding water, drainage design and wetlands. He recommended the board consider a condition of the project be to provide environmental monitoring and inspections. He also recommended moving some of the buildings away from steep slopes to avoid erosion issues, and questioned why the buffer around the Gangee Pond was 50 feet when 75 feet is required. And he questioned the box culvert for the wetlands crossing, indicating there should have been at least an alternative resolution provided by a conceptual design for a bridge.

In addition, he said the buffers around the two identified vernal pools are insufficient and destined to extinguish them, and he recommended a migration study be done to determine from which direction wildlife enters and leaves the vernal pools. He also noted what he stated were soil type errors on the plan.

Gott said she also has concerns about vernal pool protection. McDonald asked why the buffers had been reduced on the plan, which is now considered the final plan, and Patrick Colburn of Keach Nordstrom Associates responded, saying there had been no questions raised about the buffer on Park Place, and as far as around the pond, there had been no changes made - it had been 50 feet on the original plan as well.

The board asked Creveling to check with DuBois and Kng regarding the required buffer zones and whether they had any issues with them on the plan presented. McDonald asked who was the Town's certified soil scientist who might have approved these issues and wanted a letter showing that the person was indeed a certified soil scientist and that the buffers are appropriate. He was informed that DuBois and King has a certified soil scientist who would have reviewed this matter.
Gott went over a list of concerns she has with the plan, including the time of clearing and construction phasing; information regarding the Home Owners Association and how it would be enabled to handle all the things the plan leaves at its doorstep; the need for barriers between buildings and Gangee Pond; a blasting schedule; and what would be done about stonewalls.

The board asked that DuBois and King thoroughly vet all the issues raised during that night’s hearing and that the applicant be prepared to address the questions raised, including vernal pond and migration study issues, at the next meeting. In addition, the board wants the DuBois and King final plan review to be provided for that meeting.

Following a discussion on a date for the next meeting, the board suggested June 7, but the applicant requested more time, and June 21 was agreed upon.


Raymond Planning Grants Conditional Approval for Light Manufacturing Facility
By Penny Williams   4-23-18

The Raymond Planning Board gave conditional approval April 19 to a request from Kenneth Poole to construct a facility for metal fabrication and light manufacturing at 3 Chester Road (Route 102) in the C1 (commercial) Zone.

The board, short two members, sat alternates Jonathan Wood and John Beauvilliers for the evening's meeting. Brian Jones of Allen and Major Associates introduced the plan and Poole, owner of the proposed facility, answered questions.

The site plan request had received a special exception from the Raymond Zoning Board of Adjustment (ZBA) on Nov. 22, 2017 to allow light manufacturing at that location in Zone C1, where light manufacturing is only permitted by special exception. The proposed site plan also received a variance from the ZBA the same evening to allow light industrial in the C1 Zone where it is prohibited.

Poole currently operates Poole Sheet Metal and Welding in Brentwood. Poole Sheet Metal has been in business for 20 years and produces sheet metal fabrication for customers from a wide range of industries, from sheet metal enclosures and machine frames to custom fabrications for commercial countertops, kitchens, chemical processing and automotive parts.

Poole said he wishes to expand his operation and move it to Raymond. The company has eight employees. Poole said his plan is to construct a larger building in Raymond to allow expansion.

He is proposing to construct a 10,000-square-foot, single story building in the first phase of the site development and if business expands as anticipated, during the second construction phase he would build a 5,000-square-foot structure behind the first building, to be used primarily for storage.

The hours of operation are primarily Mondays through Fridays from 7 a.m. to 4 p.m. and occasionally on Saturday mornings. The business never operates a second or third shift and never operates on Sundays, Poole said.

The parcel is 4.6 acres, and 20 parking spaces – more than the Town requires - are proposed to address future growth. The site will have municipal water and private, on-site sewage, electric and data lines. The water will come from across Route 102 and a 12-inch water line will have to be provided via a horizontal bore under the road. Electric and telephone lines will be underground on the property.

One large curb has been approved by the New Hampshire Department of Transportation to accommodate large trailer trucks, and the driveway going around the building is wide enough to accommodate fire equipment and trailer trucks. The septic system proposed is designed to address full build-out capacity of 20 employees.

Jones explained the runoff and storm water management plan, which includes filtration and a detention pond. There will be sufficient water for suppression and for the buildings to be sprinkled, and the landscape plan indicates “dark sky” compliant lighting and buffers and plantings that exceed the Town's requirements. The building itself will be metal with a sloped roof, and the run-off from the roof will be directed into the filtration and storm water drainage system. The plan is to hire an expert to produce the drainage and storm water management plan

Jones said that noise would not be an issue. He said the noise element is controlled and contained within the building, and the insulation used in the building would help to deaden any noise generated by the machinery. The metal shavings that are created are recycled, he added, and Jones and Poole assured the board that Public Works Director Steve Brewer had no concerns with the plans.

Board member Gretchen Gott was concerned about the wetlands on the parcel, which basically bisect it, and wanted to schedule a site walk before approving the proposal, but after the board approved the single waiver to allow site plan use of 1 inch to 30 feet rather than the town's preferred 1 inch to 20 feet, the board was inclined to vote on the proposal that night, making a site walk moot. However, Jones and Poole told Gott she was welcome to walk the property whenever she wanted. The board voted to conditionally approve the proposed plan.

In other business:

• The board learned that the name of the proposed Meadows development at 41 Chester Road has been changed to Ridgewood Commons. That will be officially recognized at the May 3 meeting of the Planning Board. It was also noted that the development’s site plan has been substantially changed and should be the final plan. The previous plan called for 172 condominium townhouses in 43 buildings on 77.247 acres. The new plan will be introduced on May 3 as well.

• The board noted that it should consider changing the regulation requiring 1 inch to 20 feet for plans, as this is getting to be a consistent waiver request.

• The board will hold a work session on traffic on May 10. The proposed Mega-X gas station, doughnut shop and convenience store development on Lane Road will be the main topic for the May 17 meeting, and Liberty Utilities is scheduled for May 24.

• The board decided it needs to work on site walk protocols at an upcoming work session.

Lane Road Gas Station, Service Center Plan Gets Waivers, Continued to May 17
By Penny Williams    4-9-18

The Raymond Planning Board on April 5 once again heard from Huseyin Sevincgil of MHF Design Consultants about the proposed Mega-X plan for a gasoline station and convenience center with both a doughnut shop drive-through and a quick-serve, sit-down restaurant at 2 Lane Road.

The plan calls for development of 5 acres of the 19.8-acre parcel. It includes a truck parking area behind the building and the diesel fuel pumps, and blasting and earth removal would be required for construction. Retention ponds would be in place and a stormwater management plan instituted as well, along with a drainage and spill protection system and catch basins that discharge into oil and water separators where treatment will take place before the water is distributed to the wetlands.

Water would be provided from a well on a parcel across the street.

An Alteration of Terrain permit from the State has been applied for and a request permit for blasting will be provided to the New Hampshire Department of Environmental Services (DES) that will detail pre-blasting survey results of all wells within a 2,000-foot radius, with checks of those same wells post blasting.

The proposal calls for Fiberglas, double-walled, state-of-the-art underground storage tanks. Also planned is a monitoring system with an alarm inside the convenience center that will be visible to the employees, who will be trained on emergency response.

A berm would be constructed along the abutting property line that will be up to 13 feet high in places, on top of which would be an 8-foot wooden fence, serving as a sound and sight barrier. Snow storage will be accommodated by designating four parking spaces in the truck parking lot for that purpose and because of its location, the snowmelt will be treated through the drainage system before distribution.

Alternate board member John Beauvilliers asked if the lot across the street would be purchased and whether the well on that lot would be 500 feet from the fuel tanks. He was told that DES had approved the well location and the lot has been purchased.

Hours of operation would be 5 a.m. to 11 p.m. during the week and until midnight on the weekend. Sevincgil said that overnight parking would not be allowed and signs would be erected forbidding it. There would be no long-term idling as well, also noted by signs. If those rules are violated, the board was told that neighbors could file a complaint or call the Raymond Police Department.

Several waiver requests were submitted. One would reduce the number of parking spaces required by the Raymond ordinance from 75 to 52. Another would allow the plan scan to have one inch equaling 30 feet. A waiver might also be needed for the berm slope. The Fire Department requires a cistern, and a waiver might be required for this as well, but the building would have sprinklers. The placement of the cistern has not been decided, as the developer is working with the Fire Department to meet its requests for the placement of the underground storage tanks as well as the cistern.

The board approved the waiver for the plan scan measurements, and all but Gott approved the waiver for the reduced number of parking spaces. The board also encouraged the applicant to submit a waiver for a 2-1 berm slope.

Board member Gretchen Gott had concerns over the Community Impact Statement. She questioned whether there would be any environmental or neighborhood impacts and whether Town services would be impacted. Regarding noise, the board discussed that a five-decibel increase over ambient noise would be equal to a whisper. Gott wondered how this could be measured and was told Raymond does not have the equipment to do so.

A turning lane possibility came in for discussion and Kim Hazarvartian, a TEPP, LLC. traffic expert, said the study found that a turning lane was not warranted. Alternate board member Jonathan Wood asked if any thought had been given to the coming increases in development in the area that would result in growing traffic numbers. He said a bond would be needed to cover the future requirement of a turning lane.

A compromise was suggested that would allow construction of the development without the turning lane, with a review of how it works for a year. It would then undergo another traffic study. Gott and Wood both expressed concerns with delays caused from vehicles turning off Route 101 without the turning lane.

The public had issues with trucks with respect to overnight parking and idling, claiming that despite signs to the contrary, it would happen. Abutting neighbors were concerned that the development would result in diminished property values. Several said the Town should implement its own “no idling” law that would allow local control.

Several residents also expressed concern about spills contaminating the aquifer, their properties and their wells. Kathy McDonald, although not an abutter, asked what the plan was for the rest of the acreage and was told it would be left in its natural state.

It was suggested that one way to make sure trucks didn't park overnight was to have the place gated. However, most board members said that was not practical and was anti-business.

The board discussed whether it could make a decision with a waiver pending and decided they could not so and would have to continue the hearing. The issues outstanding include bonding for the addition of a turning lane; signage for no idling and no parking, and for snow storage for four parking spots; decibel measuring and whether a waiver on this requirement is needed; contact with Police Chief Mike Labell regarding the possible increase in service calls and enforcement issues; and contact with Public Works on parking concerns.

The board then discussed again the potential compromise on the turning lane and polled members; the sentiment was to pursue the compromise and see if a turning lane was needed after a year of operation. Members also discussed conditions that would include bonding of the road, no overnight parking, and signage.

The board continued the public hearing to the May 17 Planning Board meeting and extended the 65-day clock to May 30.


Raymond Planning Board Approves Revised Impact Fee Methods
By Penny Williams   3-22-18

The Raymond Planning Board held a public hearing March 22 on a revised impact fee schedule and the methodology used to calculate impact fees, with discussion centering on whether to calculate amounts for Accessory Dwelling Units (ADU) per unit or per square foot.

Discussion began with the explanation provided by Bruce Mayberry of BCM Planning, LLC at a previous meeting as to whether to use the per square foot method or the per-unit method for calculation. Mayberry had said ADUs are not counted at present but that could be done if the Town determined which calculation method to use.

The board discussed using a new construction or 30 percent fee standard of $1,139 for ADUs. Some members said the per-unit computation, using the 30 percent standard fee, would be easier to implement but member Gretchen Gott questioned whether this would be the fairest method. She said she thought the square foot method would be more equitable.

The board noted that ADU size must be within 500 to 750 square feet, and that using the square foot method, the fee would be calculated using the number of square feet with a $2.48 figure. That works out to be more expensive than using the flat rate, 30 percent standard of $1,139.

The board agreed to try using the same rate for an ADU as is used for an attached townhouse, or $ 0.92 per square foot. That works out to be lower than the $1,139 standard 30 percent method. The board approved this method with the condition that they try it for two years, then review it.

The board then moved to a discussion of the entire revised impact fee proposal and appeared to favor staying with the square foot rate calculation rather than using the per unit calculation method for the impact fee schedule.

Resident Carol Watjus expressed concern that Lamprey River Elementary School is not in the impact fee schedule because of its deficiencies. She asked how the deficiencies – its portable classroom buildings - could be removed so as to allow impact fees to be used for the school. She said the town needs all the revenue it can get.

The board reminded her that if they were to charge for impact fees based on removal of the deficiencies and addition of capacity at the elementary school building before those things happened, it could be costly, and noted that Mayberry had said he would be uncomfortable doing that.

The board then voted to continue using the square foot rate for the impact fee schedule and to review it in two years.

In other business:

• Chair Jim Kent and Vice Chair Bob Wentworth remained in their offices for another year, and Alissa Welch was appointed secretary for the coming year. Two new members were introduced – planning board member Steven Feher, elected March 13, and selectman liaison Scott Campbell.

• The board determined that it needs to return to two meetings and one workshop per month. The board has substantial workshop issues - Traffic Road Design Course 101 that would include the Technical Review Committee (TRC), Highway Safety Committee, and Town engineers DuBois and King; a Conservation Commission wetlands report and an Ethics Committee report; and Liberty Utilities’ request for a workshop with the Town Economic Development Team.

After a long discussion, the board decided to schedule the Traffic Road Design Course 101 for a May 10 workshop, and the Conservation and Ethics matters to a June 14 workshop. The board will consider a July date for Liberty Utilities.

• The board reviewed an application from Jonathan Wood, who had previously been selectmen’s liaison, to become an alternate to the Planning Board. John Beauvilliers, who was defeated in a bid for reelection March 13, brought a similar request. Both were considered qualified and were approved.

Raymond Planning Continues to Debate Meadows’ Waiver Requests
By Penny Williams   3-19-18

The Raymond Planning Board continued to plow its way through waivers sought by the developer of The Meadows subdivision, despite Chair Jim Kent’s limiting the time for public comment to 3 minutes per person. At its meeting March 15, the board saw Bob and Kathy McDonald and their attorney, Scott Hogan, take up a considerable amount of time as they argued against the proposed development.

The Meadows is proposed for 41 Chester Road (Route 102), with 172 condominium townhouses in 43 buildings. Developer is Keith Martel. The two-lot subdivision has 9.048 Acres fronting on Chester Road and 77.247 acres with frontage on proposed roads.

Kent asked Community Development Director Ernie Creveling to summarize the status of the development application, as the previous hearing was quite some time ago. Recent meetings were postponed because of notice requirement errors and inclement weather.

Creveling said the development was deemed to have regional impact and the communities impacted were notified of meetings and provided information on the hearings. He said the original plan layout was preferred to other options offered and adjustments to the original plan had been made to building 2's location to accommodate a potential 50-foot right-of-way penciled in on the plan. An adjustment was also made to the location of buildings 13 and 14 to avoid interference with an identified vernal pool.

Creveling also noted that the entrance to the development had been changed to meet the need for student drop-off, pick-up, parent parking and bus turnaround. And he said the potential 50-foot right-of-way access had been illustrated on the plan, showing it would be available if the private roads ever became public.

Kent asked the board to vote on bundling waivers 3 through 6b and hearing them as a group, as they all fall under the AASHTO (American Association of State Highway and Transportation Officials) umbrella, considered the gold standard for road construction. The board has already approved previous waivers because AASHTO standards were in place, and these followed the same path.

After opening the question to public comment, more than an hour was spent arguing over whether the plan complied with Town of Raymond road standards and whether the plan complies with the required 50-foot right-of-way. Hogan and the McDonalds insisted that the proposed 50-foot right-of-way goes through parking lots and therefore is not in compliance. Hogan also claimed that the board had denied the waiver from a 50-foot right-of-way, then said the 50-foot right-of-way does not apply to condominium developments.

The argument continued until the board went into recess to consult with Attorney Laura Spector Morgan. Upon returning to the table, the board explained that they had reconsidered their vote to deny waiver 1 and determined that the plan does comply, meaning the roads would remain private, but if an application to make the roads public were made by the Home Owners Association (HOA), the HOA would have to comply with all Town road standard regulations. The board then granted waiver 1, reaffirmed the compliance of the plan with the potential 50-foot right-of-way penciled in as approved, and approved waiver 2.

The board also unanimously approved bundling waiver requests 3 through 6b. Kent suggested the applicant's attorney, Patricia Panciocco, use waiver 4 as an example. She did so, making the argument that the road design is deliberate in its focus - limiting vehicles to a speed of 15 miles per hour - and that the Town has no requirements or regulations for road design that meet less than a speed of 30 mph.

Bob McDonald asked that the difference be provided in percentage terms between what the applicant's road design provided and what the Town's requirements are. The board decided the information provided by the applicant, although not in percentages, was sufficient for the board to continue, but asked the applicant to provide the numbers in percentages at his earliest convenience.

Kathy McDonald then asked upon what hardship the waiver is based. Following discussion, it was noted that the hardship is that the Town does not have any specific regulations or requirements for roads constructed for 15 mph traffic speeds, and the waiver request does not nullify the intent of the regulations. The McDonalds asked if the present plan had been reviewed by the Technical Review Committee and whether it had been approved by the current fire chief. After a discussion the board said the plan has not changed so there would be no need for another Technical Review meeting.

The board then voted unanimously to grant waivers 3 through 6b and turned to waiver 7, the Emergency Access Road. The board decided to bundle waivers 7a, 7b, and 7c. Patrick Colburn of Keach and Nordstrom Associates presented that waiver request.

Planning Board member Gretchen Gott raised concerns about the grade of the emergency access road and questioned whether emergency equipment would be able to navigate the turns onto the development roadway. She said she did not think the access roadway was adequate, even though both Fire and Police departments have signed off on it.

McDonald questioned whether the current fire chief had signed off on this and it was pointed out by the board that Fire Chief Paul Hammond was part of the original review when he was Deputy Fire Chief, and as he did not raise any objections at that time, it can be assumed he, too, signed off on it.

Gott also raised the concern that expecting the HOA to maintain the roadways, especially the emergency access roadway, was asking a lot. Objections were also raised by abutters concerning the incline of the access roadway and the location where plowed snow would be pushed, and asked what would prevent vehicles from sliding off the road. Hogan noted the hardship doesn't work, as the applicant chose to design the roadway in this manner and that decision threatens run-off into the wetlands.

Colburn said the emergency access design took into account run-off and stormwater management by using a swale and a pond that would treat and then distribute the run-off. He said it does not pose any threat to public safety or to the environment.

Bob McDonald asked that the decision on this waiver be deferred until the New Hampshire Department of Transportation reviews it. Kent asked the applicant about guardrails and Colburn pointed out on the plan where guardrails were proposed.

The board discussed this briefly and voted to grant waiver 7, then turned to waiver 8, which dealt with the applicant’s request to use plastic rather than concrete pipes. Panciocco said the hardship was the cost of concrete pipes, and using the plastic would result in a savings of $40,000, which could then be used to provide extras such as trails.

Creveling affirmed that plastic pipe is more acceptable and that Town standards regarding this are out of date.

The board after a brief discussion voted to grant waiver 8. Gott asked that a note be affixed to show where the savings were spent.

After a brief discussion, the board then continued the hearing to May 3, when they would begin with waiver 9.

In other business:

• The board cancelled its March 18 site walk for the proposed Mega-X plan for construction of a gasoline station and convenience center that would include a doughnut shop drive-through and a quick-serve, sit-down restaurant on Lane Road. The board said the current snowpack would make the site walk not feasible.

However, Gott said she would not be prepared to make any decisions on the proposed Mega-X plan, whose next hearing is scheduled for April 5, until a site walk could take place. The board agreed to ask for authorization from the applicant to conduct a site walk on Tuesday, April 3 at 6 p.m.

Proposed Lane Road Gas Station Complex Presented to Planning Board
By Penny Williams   3-5-18

Mhf Design Consultants, Inc., of Salem, NH presented the Raymond Planning Board with its application March 1 on behalf of Mega-X LLC of Hooksett for construction of a gas station and convenience center with a doughnut shop drive through-and a quick-serve, sit-down restaurant on Lane Road.

The application was first presented in August and since then has been before the TRC (Technical Review Committee) and Highway Safety Committee. It was made clear from the outset that several unresolved traffic issues remain.

Huseyin Sevincgil of Mhf presented the plan and said they had made some adjustments to the original plan, such as reducing the overall size of the building by 120 square feet down to 5,800 square feet.

The parcel is 19.8 acres and the planned development covers 5 acres, with a well dug on property the developer owns across the road to provide water to the development site. The developers plan to seek a waiver to have fewer than the 75 parking spaces, as required under Raymond zoning regulations, asking instead to be allowed to have 52 parking spaces. They explained that many customers would use more than one of the onsite retail or fueling options.

Sevincgil discussed the proposed placement of the building, the six fuel islands with 12 fueling stations, and the canopy, diesel truck fueling station, and truck parking area. He also reviewed how the three access ways would work, with two of them serving the auto fueling areas and the retail building, and the third a one-way access for trucks to the diesel fueling area up to truck parking and around and down to the road on the other side of the development.

Kim Hazarvartian of TEPP LLC discussed the traffic study, and said all the intersections had been examined and traffic counted for peak morning and evening hours, both in the present and looking 10 years out. Hazarvartian said a turn lane off Route 101 is not warranted, given the projected traffic use, which showed only low to moderate delays.  Peak new traffic trips generated would be 247 in the morning and 241 in the evening.

The board discussed whether the proposed development has a regional impact. Initially the board decided it did because there would be more than 500 trips generated - a figure of 1,464 covering traffic flowing in both directions along the Route 101 corridor on any given day. However, after a lengthy discussion, it was decided that there would not be more than 500 additional new trips generated because of the development so there would not be any regional impact.

Board Chair Jim Kent opened the hearing to the public, and several residents spoke; their concerns were all much the same. All were concerned with trucks idling and giving off fumes that would impact nearby residents with respiratory ailments. They also had concerns about diesel fuel spills getting into run-off and into the wetlands and neighboring properties. And residents expressed concern with the noise to be generated by the trucks fueling and idling, and over the impact of blasting on their homes, foundations, walls and wells. Several also spoke of environmental concerns from noise and light, and impact on water and wildlife.

Board member Gretchen Gott said an environmental study and a community impact study should be done. Her concerns matched those of the public, and she additionally suggested a hydrologic study. A pre-blast study was requested as well.

The board put together a list of the concerns raised and asked the applicants to address these at the next hearing, which was set for April 5. Gott asked for a public site walk, which was then scheduled for Sunday, March 18, at 10 a.m.

Sevincgil said the New Hampshire Department of Environmental Services (DES) has approved the application for the well across the street and has done an extensive environmental review. He said one solution to the noise issue is for the developer to construct a berm along the edge of the lot by the residential lots and put a fence on top of that. Kent responded that such a plan would reduce the snow storage area and a wall would do the same thing and take up less area.

In other business:

• The board heard from Bruce Mayberry of BCM Planning, LLC, about the Raymond School Impact Fee. He reviewed how the impact fee is calculated and said the first time it was done was in 2004; it was updated in 2008 and is now being looked at again in 2018. He said the calculations exclude Kindergarten-4th grades at Lamprey River Elementary School because it has unimproved and unresolved deficiencies, including the use of portable classrooms. The Raymond calculation is thus based on actual enrollment in grades 5-12 and actual dwelling units.

A lengthy discussion ensued about an alternate manner of calculation using square footage of dwelling units. At this time Accessory Dwelling Units (ADU) are not counted but they could be.

Resident Bob McDonald asked why the elementary school is not included and resident Carol Watjus asked whether the elementary school enrollment could be included in the calculation if it was sufficiently reduced so that the portable buildings could be removed.

Kent suggested that the review of the School Impact Fees should be done in fewer than 10 years. A public hearing on the School Impact Fees is slated for March 22, when the questions and concerns raised will be discussed along with the alternative methods of calculation.

• The board reviewed a Lot Line Adjustment request submitted by the Veterans of Foreign Wars Post 4474 for properties at 39 Main St., and 6 and 8 Floral Ave. The request would eliminate the lot 70 lot line at 6 Floral Ave., adding that acreage to Lots 69 and 71 and making both of those lots less non-conforming. There are no changes of use. No one from the public spoke and the board after a brief discussion approved the request.


Raymond Planning Board Conditionally OKs 21-Lot Conservation Subdivision
By Penny Williams    1-24-18

The Raymond Planning Board conditionally approved a proposed 21-lot conservation subdivision, to be named Lakeside Estates, on 86 acres between 36 and 61 Langford Road on Jan. 18.

Builder Bruce Delle Chiaie has said the subdivision would feature 1,400- to 3,000-square-foot, two- and three-bedroom homes plus garages on lots of three-quarter of an acre to 1 acre in size, with individual well and septic systems.

The continued hearing that evening on the submitted application was presented by Scott Cole of Beals Associates, Inc., of Stratham. He noted that a site walk took place Dec. 17 and the site plan had been before the Technical Review Committee (TRC), which included the Department of Public Works and the Town's Engineer, on Jan. 2 regarding road design issues. He said design revisions and three waiver requests resulted from the TRC meeting.

Cole said he had just received a letter from the Town Engineering firm, DuBois and King, regarding a few minor issues, and Chair Jim Kent said the board had only just received the same letter. After a brief discussion it was decided to review that letter before proceeding to the waiver requests.

DuBois and King suggested seven issues that should either be added to the plan or revised, and Cole agreed to all of the suggestions. He said several had already been addressed and the rest would be.

The board then turned to the waiver requests. The first had to do with proposed road width. Town regulations require a 24-foot roadway but the design proposed and the waiver requests the roadway width be 22 feet with 4-foot shoulders on either side. After a brief discussion the board approved this with only Gretchen Gott opposed. She said 4-foot shoulders would be insubstantial and she preferred the 24-foot width.

The second waiver request dealt with the cul-de-sac and the Town regulations of a collector road that has 150 to 500 vehicle trips per day and a speed limit of 35 miles per hour. Cole said the road is more of a rural road than a collector road and has been designed to slow traffic; they are proposing a 25 mph speed limit.

The TRC had supported this waiver and the planning board voted unanimously to approve it. The board also voted to send a letter to the Board of Selectmen recommending the speed limit of 25 mph for the roadway be approved, as it is a public road and approval for that 25 mph speed must come from that board.

The third waiver concerned the grade in the cul-de-sac. The design calls for slightly more than the Town regulation specifies, and to get the exact percent required would necessitate elongating the cul-de-sac and approach, which would increase the percent of the roadway grade and allow for greater speed. The board after a brief discussion voted unanimously in favor of granting the waiver.

The board and Cole discussed design changes in terms of easement language changes and drainage issues, including adding culverts and ditch easements along Langford Road and between lots 1 and 2.

The proposed cistern came up for discussion as well, and the TRC wants the development’s Home Owners Association to own and maintain it. At the TRC meeting, Fire Chief Paul Hammond said Raymond does not own or maintain any development cisterns and this should be a condition of approval. The board agreed, and while Cole said he found this unusual, he didn't refuse.

Lorrie O'Connor from the Conservation Commission requested that the back lot line of each lot have a placard marking it, and said the commission wanted a placard every 25 feet marking the exterior of the open space area, an area of more than a mile.

The board and the applicant's surveyor took exception to the exterior marking request, calling it excessive, and the board accepted blazing the trees as marking for the exterior boundary.

The Conservation Commission also wanted to be able to review the Home Owners Association documents. It was decided that if there is something the commission disagrees with in the documents, that would have to be brought back to the Planning Board and then passed on to Legal Counsel for resolution.

The School Impact Fee per lot was established at $3,369; the total impact fee for the project would be $70,749. The board then made a motion to conditionally approve the proposed open space subdivision and member Jonathan Wood read the conditions into the record. The board voted unanimously to conditionally approve the application.

In other business:

• The board took up an application for a lot line adjustment presented by Blaisdell Survey LLC on behalf of Derek and Tanya Martin for property at 8 Langford Road.

The proposal is to move an existing property line of two pre-existing lots owned by the Martins by taking 2.4536 acres from Lot 13, reducing it to 10.8850 acres, and adding that 2.4536 acres to Lot 14, making it 5.0627 acres. The application was deemed complete and it was explained that the Martin dwelling is on the larger lot and that the Martins wish to enlarge the smaller lot for a relative to build a home.

Waivers for Raymond’s Meadows Subdivision Under Discussion
By Penny Williams   1-18-18

The Raymond Planning Board heard waiver requests Jan. 11 for The Meadows subdivision application, in which developer Keith Martel proposes to build 172 condominium townhomes in 43 buildings on an 86-plus-acre parcel at 41 Chester Road (Route 102).

The project first went before the Planning Board on April 20, 2017, with continued hearings in June, August, September and November 2017.  The Planning Board conducted a site walk on May 21, 2017.

At November’s hearing the applicant had offered four new conceptual site designs that were intended to limit the number of waivers needed for roadway infrastructure. However, the board rejected them at that time and requested that the applicant return to his originally submitted plan with an approved 50-foot right-of-way drawn on it. This right-of-way would show that in the event the private roadways within the subdivision were to become public, there would be 50 feet available for the road to meet Town regulations.

Speaking for the applicant, Attorney Patricia Panciocco reviewed the two general waivers and said all of the other roadway waivers would fall under the umbrella of those two. Once the two general waivers had been dealt with, she said, they would proceed road by road to deal with horizontal and straight tangent issue waivers.

Martel showed the board members where each area on each of the proposed development roadways would require a waiver, either because the curve or turn would be tighter than allowed by Town regulations, or the distance between the curves would be less than what is required by Town regulations.

Before they could get to the first waiver, however, Attorney Scott Hogan, representing neighbors Bob and Kathy McDonald, said the plan as presented is not a new plan and does not show a 50-foot right-of-way. The lines drawn on the plan to show where a 50-foot right-of-way would be go through parking lots and other areas, he said, and noted the land within the 50-foot right-of-way needs to be removed from what is considered usable land. He said that because all the waivers would be related to these, they should not be considered.

The board went into non-public session for a discussion with their attorney, Laura Spector-Morgan. When they returned to public session, they asked that the applicant redo the land area calculation by the next meeting.

The board then returned to the subject of the waivers. Panciocco made it clear the first was a general waiver that sought to provide the AASHTO (American Association of State Highway and Transportation Officials) criteria to the roadways utilizing the curves and other roadway designs to minimize speed. The board ultimately voted to grant the waiver.

Planning Board member Jonathan Wood made a motion to waive the specific town regulations regarding private roads adhering to design and construction requirements, acknowledging that to do so using the current regulations would create a high speed, unsafe road in the dense condominium development.  The only member of the board to vote no was Gretchen Gott, whose concern is that the development’s condominium association would not be able to enforce the 15-miles-per-hour speed limit.

Before getting to the second waiver, which dealt with the classification of the roadways within the development, Hogan questioned the hardship element and said the board had already established that all the roads would be collector roads. He made the point that if these roadways need waivers, then the development plan is not suited to the land.

The McDonalds expressed concern that the decision in September to call the development roads collector roads rather than arterial roads is now being changed to call them rural roads. Chair Jim Kent noted that at the time that was the best estimate based on what was before the board, and further review has shown that the rural road classification is better.

Panciocco said the waiver asks that Town road design and construction regulations be waived so that Daisy Way would be classified as a collector road and the other development roadways and the emergency access would be classified as rural roads. The board unanimously approved the second waiver.

The board then turned to the third waiver request, which deals with the area on Buttercup Lane where the turn and distance between the curves do not meet Town regulations. Martel said that if he were to straighten that particular stretch he might be able to add more buildings, but the design made sure a vernal pool and wetlands in the area were not impacted.

Kent said that it was obvious that more discussion was possible and the board would not reach a decision on this waiver that evening. The board continued its hearing to Feb. 1 at 7 p.m.







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