Minutes of the Meeting and Public Hearing

Monday, September 23, 2003 7:00 PM

Warner Town Hall, Lower Meeting Room

 

Members Present: Barbara Annis, Derek Pershouse, John Wallace, Andrew Serell,

Philip Reeder, Russ St.Pierre

Members Absent: John Wallace, John Brayshaw

Alternates Present: Ron Orbacz, Mark Lennon

Alternates Absent: None

Presiding: Barbara Annis

Recording: Sissy Brown

 

  1. Open Meeting at 7:12 PM
  2. Roll Call
  3. PUBLIC HEARING: Site Plan Review

Bob Carpenter, T.F. Bernier, Inc. and Ray Wentzell for R.A.W. Investments, P.O. Box 596, Newport, NH 03773. Construction of 2 Retail/Point of Service buildings, one on Lot 4-1 (1.484 acres) and 1 on Lot 4-2 (1.647 acres), Map 35. Property located on Route 103, West Main Street, Exit 9 off of I-89.

Ms. Annis gave opening statements to the audience:

John Howe: Has this been approved? Where are we now?

Mr. Pershouse stated that this meeting was posted as a Public Hearing. The explanation for the meeting is that there was an error in the previous public notifications, which stated that the buildings would be office buildings and they have now been renoticed to abutters and the public as "retail/point of service". The application does not require the applicant to say what the use will be for the buildings, but the applicant has stated that the type of businesses would be "specialty retail".

Mr. Serell: Nothing has been approved. The Board has accepted the application, but no approvals to this point.

Mr. Lennon: The fact that we’ve accepted it means only that it is complete. Until the application has been accepted, there can be no Public Hearing.

Mr. Pershouse stated that:

Neal Nevins: Would like an overview of the application.

Steve Lindblom: Could we see pictures of the buildings?

Bob Carpenter:

Mr. Pershouse asked Mr. Carpenter to comment on the proximity and existence of Lot 3, to point out that it is part of the original subdivision and will by definition factor into some of the decisions made on Lots 1 and 2.

Mr. Carpenter:

Ms. Annis asked Mr. Carpenter to discuss landscaping on Lots 1 and 2:

Mr. Carpenter:

Lighting:

Signage:

Debra Cook: What is the impact on the existing sewer and water systems?

Mr. Carpenter:

Debra Cook: Questioned the adequate amount of water when the precinct was asked, in a summer when there was a large amount of rain, to be conservative with the water and not was cars, etc.

Roy Morrison:

Ms. Annis: Letter from DES stating that the plans were approved and that water quality degradation will not occur as a result of this project. They must be notified in writing of any change in ownership, prior to construction. Everything is approved.

Mr. Morrison: Were they aware that the town well is back there?

Ms. Annis: When I talked with Andrew O’Sullivan – I called him because of the same concern as you have and also concerns because this property is in the flood plain – he had no problems with the project.

Alan Lord: Are we asking for a traffic study? Derek had mentioned one

Ms. Annis: No, we’re not.

Mr. Pershouse: We haven’t asked for one, but the opportunity is there to do so if we find it necessary.

Mr. Serell: The applicant did some type of a traffic study in conjunction with the driveway permit application. What they submitted it to the DOT has been provided to the Board, but the Board has not yet voted on whether to require an additional traffic study.

Larry Pletcher:

Joanne Hinnendael:

Dick Mitchell:

Dick Donovan:

Sarah McNeal:

Mr. Carpenter:

George Pellettieri:

Melanie Bucher:

Ken Hazen:

George Packard:

Ms. Annis: Nothing is planned to date.

Mr. Packard: Could the Planning Board use this plan as an opportunity to study pedestrian traffic?

Mr. Pershouse: Serious consideration has been given for a corridor study – more globally focused than just the impact of that particular area where this development will occur. It will have to do with traffic going west as well – toward Bradford – and would include all of the issues you’re addressing. How does it all fit together? Do we need sidewalks or don’t we? The public should certainly pursue that approach – ask the Board to move on it.

Nancy Martin:

Alice Chamberlin:

Mr. Carpenter:

Ms. Chamberlin:

Mr. Carpenter:

Mr. Pershouse: The ordinance requires that all signs meet the size requirements, but could be different designs.

Ms. Annis: Something that might alleviate some concerns – In our Site Plan, whenever there is a change of use, they must come to the Planning Board to see if a Site Plan is required. We will be having hearings and meetings as it changes from nothing to something. All tenants will have to come before the Board for potential site plans.

Steve Lindblom:

Andy Bodnarik:

Ms. Annis: We met with DOT.

Mr. Bodnarik:

Ms. Annis: Next meeting is October 6th.

Jesse McNeal:

Dick Elliott:

Mary Lorenzo:

Renee Cantwell:

Richard Cook:

Sandy Bull:

Judy Bender:

Ms. Annis: The Police Department hasn’t offered anything to the Planning Board. Fire Department has made comments and we have turned them over to the DOT .

Ms. Bender:

Mr. Pershouse: No formal response from the Police. As part of preliminary discussions with the Budget Committee and the Capital Improvements Program subcommittee, there was considerable discussion that because of the growth in that area, the police department is anticipating an increase in both equipment and personnel.

Ms. Bender: Would that mean that taxes would be raised?

Christine Daniels:

Ms. Annis: That was addressed, and the traffic engineers said that the level of traffic there was no where near the level that would require that.

Jim Mitchell:

Mr. Carpenter: Right now, those are parties that have expressed an interest in leasing space.

Mr. Mitchell: Are you prepared to identify what chain restaurants? What video chain? Walk-in medical center or pharmacy?

Mr. Carpenter: It is a non-disclosure type of thing, so it wouldn’t be within our power to do that. This project has been going on for a while now and some of the tenants have walked away from the project because of delays. We really can’t be definite because we don’t know where we are and it is difficult to lease space when we don’t know. Those are the types of businesses that have shown an interest.

Mr. Mitchell: It would be important for the Board to determine who these businesses are to determine their eventual impact on town services, pedestrian walkways, lighting, traffic, public safety, landscaping, parking, water and sewer use, fire and police protection.

Lucy McQueen:

Neal Nevins:

Roy Morrison:

Joanne Hinnendael:

Neal Nevins:

George Packard:

Ms. Annis: We’ve accepted the plan, and the initial period is 65 days to ask for another delay from the applicant. The 65 day period will be up 2 days after the October 6th meeting.

Sarah McNeal:

Alice Chamberlin:

John Howe:

Steve Lindblom:

George Pellettieri:

Sue Hemingway:

Mr. Serell suggested that after the comments tonight, the developer can have the opportunity to make comments if he wishes to.

Joan Saunders:

Mr. Wentzell: I don’t know. I have nothing to do with a video store. Never owned one, never been part of one.

Joanne Hinnendael:

Ms. Annis: The Board can go in one of two directions, according to Central New Hampshire Regional Planning Commission. The Board has not heard this and the Board has not voted on it, so I don’t know what is going to happen. We can close the Public Hearing and you’re done. We would listen, we would take action and we would decide what is going to happen. Or we can take up a particular subject, listen, open it back up to the Public for only that one subject, close the Public Hearing, and go back to the Board to make a decision. I will take written comments after tonight, but I didn’t say I would take verbal comments after tonight. The deadline for comments is 7:00 p.m. on Monday, October 6th.

Materials associated with the application available at the Planning Board office – open Wednesdays from 10 – 12. Minutes up until what has been approved are on the internet. Plans and minutes will also be available at the Library.

Richard Senor: Are there any Site Plan regulations in effect that can stop the design?

Mr. Serell: There are Site Plan regulations you have access to and can form your own opinion, then you can give the Board your opinion. The Board will be discussing it.

Mr. Senor: In your opinion, do you see anything in that plan that comes under the regulations?

Mr. Serell: We will be discussing our opinions among ourselves after the Public Hearing aspect closes. It will be open to the public and they can come and hear us discuss it, but it will be after you have had your chance to talk.

George Pellettieri: For clarification, when you close the Public Hearing tonight, will there be another Public Hearing later on?

Ms. Annis: The Board needs to decide.

Mr. Serell: I would say yes.

Mr. Pellettieri:

Steve Lindblom: Is this building currently built in a location where we could go and see it?

Mr. Carpenter: No, it is a new design.

Ms. Annis closed the Public Hearing

Mr. Wentzell:

Jim Mitchell:

Mr. Wentzell:

Richard Senor:

Mr. Wentzell:

Mr. Senor:

David Keith: Don’t see the need for a medical center

Renee Cantwell: Did you say you wouldn’t change your design? Is your answer no?

Mr. Wentzell: It’s not no, but it’s been laid out for drainage, for water – the engineers have been working on that. It’s not a simple matter. This plan has been around for quite a while.

George Pellettieri: It’s very hard to believe that you couldn’t come up with a plan for all three lots that would provide accessibility and visibility and that would be desirable for tenants.

Mr. Wentzell: Lot 3 has its own driveway. We came up with a design that would be easy to rent. Devoted time and energy with an engineer and an architect and a lighting engineer to try to come up with something that the town wants to do.

Ms. Bucher: Mr. Wentzell is not listening to the people

Ms. Hinnendael: You say that this is for the people in Warner. People here will know what is there. If you need the exposure forward, you’ll be pulling people off the highway. Then there will be more traffic. Why does he need exposure?

Mr. Bodnarik: Why do you have to develop this with waivers? Why can’t you develop this without them?

Mr. Carpenter: There have been no waivers requested.

Mr. Pellettieri: You’re not following the Site Plan regulations. Therefore, I would expect that waivers will be requested.

Mr. Serell: That’s not a fair question – the regulations make recommendations. It was the decision of the Board that a waiver wasn’t necessary because the word shall is used – it is a permissive requirement.

Mr. Bodnarik: When you say that the application is complete, does that mean that all of the components are there, or that all of your questions have been answered.

Mr. Serell: The former.

Mr. Bodnarik: Was the traffic count done since the development of Market Basket and McDonalds?

Ms. Annis: Yes.

Mr. Bodnarik: Has that information been made available?

Ms. Annis: Yes, it has. Thursday, May 15, 2003. It was a one day count.

Ms. Bodnarik: How could the DOT grant a driveway permit with that traffic count? If the DOT is going to do that kind of job for us, it is incumbent for us to do a better one.

Steve Lindblom:

Mr. Wentzell: Looked at several designs, and most people in business want the exposure.

David Elliott: Do you have any other developments that we could see – others with stores?

Mr. Wentzell: No, I’m a general contractor. None of my other work would pertain to what I’m doing in Warner. I’ve been involved in many other types of work.

Alice Chamberlin: You’ve heard a lot tonight, and much of it has focused on the design and the character of Warner. There are other projects with village appeal. Based on the comments, would you go back to the architect and try to come forward with a plan that meets your requirements for visibility and still try to match the character that has been brought up tonight?

Mr. Wentzell: We’ve been trying to do that, and have been working on this for several months. The Board hasn’t approved this plan yet. They’re listening to you and I’m listening to you. It’s not a simple matter to change the plan. I have $40,000 to $50,000 already invested in this plan. We’re still listening and trying to do what the Board wants us to do.

Ms. Annis closed the Public Hearing. She asked what the Board wanted to do.

Mr. Serell made a motion to continue consideration of the application on October 6 and take up the discussion on how to proceed. The motion was seconded and passed by a unanimous vote of the Board.

  1. Adjourn

A motion was made and seconded to adjourn the meeting, which passed unanimously. The meeting was adjourned at 9:35 p.m.

 

Minutes approved: November 3, 2003