2018 Raymond Planning Board Meetings

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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