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These Minutes are subject to possible revisions/corrections during their review
at a subsequent Planning Board Meeting.
CHESTER PLANNING BOARD MINUTES
WEDNESDAY, NOVEMBER 2, 2011
Members Present:
Regular
Absent
Brian Sullivan, Chairman (Sullivan)
Evan Sederquest, Vice Chair (Sederquest)
Andrew Hadik (Hadik)
Liz Richter (Richter)
Michael Weider, Ex-Officio (Weider)
Alternate
Maureen Lein (Lein)
Cass Buckley (Buckley)
Staff
Cynthia J. Robinson, Planning Coordinator (Coordinator)
Chairman Sullivan called the meeting to order at 7:05 P.M.
AGENDA
7:00 P.M. – Appointments
1. James Kupfer of So. NH Planning Commission in to discuss draft of the Master
Plan.
7:45 P.M. – Public Hearing
2. Continuation of the Subdivision Application of Michael and Catherine Sirois who
are requesting subdivision approval for a two (2) lot subdivision located at 1
Tenney Road [003-018-000].
General Business
3. John Motta – Discussion on operating an automobile wholesaling business as a
Home Business.
4. Accept Minutes of October 26, 2011.
5. Motion to cancel the November 23, 2011 and December 21, 2011 Planning
Board meeting.
6. Review reference letter for DuBois & King, Inc.
7. Discuss letter from Patrick Connelly regarding Jenkins Farm.
These Minutes are subject to possible revisions/corrections during their review at a subsequent Planning Board Meeting.
November 2, 2011
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MINUTES
Appointments
James Kupfer of So. NH Planning Commission in to discuss draft
of the Master Plan
1. James Kupfer, Associate Planner at So. NH Planning Commission was
present to go over the draft of the Master Plan. Mr. Kupfer started by
recapping what So. NH Planning Commission has worked on, which were the
introduction, vision, goals, implementation schedule and demographics. The
demographics were updated to information based on the 2010 census. The
Board discussed whether these visions and goals still apply to the current
population and consensus was they felt they did but when the Master Plan is
updated in the future a community profile should be performed again.
Mr. Kupfer and the Board went through the latest draft of the Master Plan,
which contained changes made at a prior meeting. Additional changes were
made which Mr. Kupfer noted and will make to the document prior to his
returning to a future meeting where a final review will take place and a public
hearing date will be set.
Public Hearing
MOTION: Hadik moved to open the Public Hearing portion of the Agenda. Sederquest
seconded. Motion passed unanimously.
Continuation of the Subdivision Application of Michael and Catherine Sirois who
are requesting subdivision approval for a two (2) lot subdivision located at
1 Tenney Road [003-018-000]
2. Public Hearing
Wayne Morrill, P.E. of Jones and Beach was present representing the
Applicants. Mr. Morrill recapped for the Board that the last meeting left off
with his having to address three remaining items in DuBois & Kings letter
dated September 19, 2011. The items were: certification of sight distance for
the driveway, applicability of Subsection 5.7.5.2 and details on the rain
garden. Mr. Morrill stated he has addressed items 1 and 3 and he is waiting
for the Board’s decision on item 2 after their meeting with legal counsel. Lein
asked Mr. Morrill for clarification of what a rain garden is. Mr. Morrill stated
that according to the NH Department of Environmental Services handbook a
rain garden is a filtering device where there is a depression in the ground that
has sands and plants that filter out pollutants and helps water infiltrate into the
ground. Mr. Morrill stated the garden requires that the homeowner remove
leaves and debris. Buckley asked what happens if the homeowner doesn’t
maintain the garden. Mr. Morrill stated water would spill over and flow into
the wetlands located below the rain garden.
These Minutes are subject to possible revisions/corrections during their review at a subsequent Planning Board Meeting.
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Hadik suggested a condition of approval be a deed restriction requiring the
homeowner to maintain the rain garden. Chairman Sullivan asked what the
impetuous for this rain garden was. Mr. Morrill stated the Board required he
submit a drainage report and as a result of the findings in the report a rain
garden was designed to control the flow of water.
Board members and Mr. Morrill went through DuBois & Kings letter dated
October 20, 2011: Item 1 – Mr. Morrill stated he has added the sight distance
to the plan set on sheet A3, Item 3 – Mr. Morrill stated the rain
garden/associated details and maintenance plan are now on the plan set. Mr.
Morrill will add the rain garden details and maintenance plan to the plan set
that will be recorded, Item 2 – Chairman Sullivan recapped Mr. Morrill’s
contention that this subsection does not apply because the lot in question
does not have any wetlands. Mr. Morrill stated that was correct. Chairman
Sullivan summarized legal counsel’s opinion that because wetlands have
been identified on the 27+/- acre parcel [Subsection 5.7.3.4] the Board can
reintroduce the language of Subsection 5.7.5.2. Consensus of the Board is
based on this opinion the subdivision cannot be approved until there is a
variance from Subsection 5.7.5.2. Mr. Morrill stands by his argument that this
subsection does not apply in this particular case. Two options the Applicants
have are relocate the lot line or go to the Zoning Board of Adjustment for a
variance.
Board members reviewed the Conditions of Approval. The Coordinator noted
that in condition 3., three (3) conditions were added to address the comments
of DuBois & King regarding site distance, need for a variance and the details
of the rain garden and maintenance program. Hadik noted that condition 11.
should be removed. Add to 3.e. a deed restriction regarding the rain garden
shall be maintained per the maintenance requirements on Page A3 of the
plan set. Add to 6. the rain garden and associated details as shown on the
approved plan set are to be installed and inspected by DuBois & King.
The Applicant asked why rain gardens are needed. It was explained because
the lot is being subdivided and the lots being created must meet the Zoning
Ordinance and Subdivision Regulations, which require a drainage analysis
and possible mitigation. James Doherty emphasized the need for the Town
to treat all subdivisions the same. MOTION: Hadik moved to close the Public
Hearing and begin deliberation. Richter seconded. Motion passed
unanimously.
Deliberation – Review of Conditions of Approval: add the third deed
restriction to 3.e. regarding the rain garden and maintenance, change 3.h. to
read Add to the plan set to be recorded, the details of the rain garden
specifications and maintenance plan, delete 11., move 6.a. to the issuance of
the certificate of occupancy and then renumber. MOTION: Hadik moved to
approve the Subdivision Application of Michael and Catherine Sirois for a two
(2) lot subdivision located at 1 Tenney Road [003-018-000] subject to the
These Minutes are subject to possible revisions/corrections during their review at a subsequent Planning Board Meeting.
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Conditions of Approval as amended tonight. Sederquest seconded. Motion
passed unanimously.
Appointments (cont)
John Motta – Discussion on operating an automobile wholesaling
business as a Home Business
3. John Motta came before the Board to discuss the possibility of his opening an
automobile wholesale business at 65 Raymond Road [005-017-001]. Mr.
Motta explained that he owns a dealership in Massachusetts and what he
would like to do is be able to purchase used vehicles in New Hampshire and
bring them to his property in Chester. Currently, when he purchases a vehicle
in New Hampshire and sells the vehicle in New Hampshire the vehicle has to
go through the business in Massachusetts and pay their income tax. He
would like to avoid this. Mr. Motta stated he makes approximately six (6) or
eight (8) deals a year in New Hampshire. Mr. Motta stated that the vehicles
are moved around with dealer plates. Lein asked if this business would
be just paperwork or would vehicles come to the property. Mr. Motta stated
he would have four (4) or five (5) vehicles on the lot. He would purchase the
vehicles in New Hampshire, bring them to his property in Chester, bring the
vehicles to the body shop in Massachusetts have the body work done and
then bring the vehicles back to Chester to clean them up to sell. Buckley
clarified Mr. Motta would be selling to a New Hampshire customer from a New
Hampshire location to avoid the tax impact in Massachusetts.
There was discussion about the traffic going in and out, the ability to screen
the vehicles from public view per the Zoning Ordinance. Chairman Sullivan
noted there is a criteria that has to be met to qualify as a Home Business.
Hadik noted there are two (2) components here; one being the criteria and
the other being the issue of registering the vehicles. Hadik asked Mr. Motta
to write a synopsis of what his intentions are so the Board can look at the
possible legal ramifications. Mr. Motta stated Massachusetts cars will be run
through Massachusetts. Richter asked Mr. Motta if he has a repair facility on
his property in Chester. Mr. Motta stated no. Buckley asked Mr. Motta if he
planned on having a repair facility on his Chester property. Mr. Motta stated
no, but he would like to wash and clean the cars on his property in
Chester then run them to the auction. Mr. Motta stated all vehicles would be
drivable, no commercial vehicle would be used to deliver vehicles.
Hadik asked Mr. Motta if he has an issue with being limited on how many
vehicles he could have on site. Mr. Motta stated he does not; five (5) cars
would be adequate. Chairman Sullivan asked Mr. Motta if he is familiar with
the state laws regulating car dealerships. Mr. Motta stated this would be
considered a business. The Coordinator suggested Mr. Motta look into the
state laws before he comes before the Board. Hadik asked Mr. Motta if he
has obtained an Application for a Home Business. The Coordinator stated he
has not. Hadik suggested he review the application and see if he fits the
These Minutes are subject to possible revisions/corrections during their review at a subsequent Planning Board Meeting.
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criteria for a Home Business. Mr. Motta was given an application and he left
the meeting at this time.
General Business
Accept Minutes of October 26, 2011
4. Board members reviewed the Minutes of October 26, 2011. Hadik noted in
line 218 at the end of the sentence where it says “benefit from the open
space” what would be more reflective of what he said would be if the
sentence read “…are created by the open space zoning”. Richter noted in
line 206 her name is spelled incorrectly. Hadik noted in line 224 delete “his”
and in line 153 after “…at this time and” add “wetland and zoning
requirements…”. MOTION: Hadik moved to accept the Minutes of October
26, 2011 as amended. Richter seconded. Motion passed unanimously.
Motion to cancel the November 23, 2011 and December 21, 2011
Planning Board meeting
5. Board members discussed the upcoming holidays in November and
December. MOTION: Richter moved to cancel the November 23, 2011 and
December 21, 2011 Planning Board meetings. Sederquest seconded.
Motion passed unanimously.
Review reference letter for DuBois & King, Inc
6. Board members reviewed the reference letter for DuBois & King and made
minor edits. The Coordinator will retype, put it on letterhead and send to Jeff
Adler.
Discuss letter from Patrick Connelly regarding Jenkins Farm
7. Board members reviewed the letter from Patrick Connelly where he
expressed concern about the materials placed in the side setback in the
Jenkins Farm open space subdivision and the obstruction of Jack Road.
Board members discussed who has jurisdiction over this complaint and the
possibility of issuing a Cease and Desist Order. The Coordinator explained
she has been talking to Jeff Adler at DuBois & King about Mr. Connelly’s
complaint and Mr. Adler has spoken to the project foreman at the site
regarding this. The Coordinator stated Mr. Adler was planning on going to the
site today and he left a voice message but she was unable to return the call.
Consensus of the Board is for the Coordinator to speak with the Code
Enforcement Officer about looking into this along with Mr. Adler. Hadik asked
if material was being removed from the site. The Coordinator stated she did
not know.
These Minutes are subject to possible revisions/corrections during their review at a subsequent Planning Board Meeting.
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MOTION: Richter moved to adjourn at 9:48 P.M. Hadik seconded. Motion passed
unanimously.
Respectfully submitted,
__________________________
Cynthia J. Robinson
Planning Coordinator
Dates of upcoming meetings:
November 9, 2011
November 23, 2011 – cancelled
December 7, 2011
December 14, 2011
These Minutes are subject to possible revisions/corrections during their review at a subsequent Planning Board Meeting.
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