Final minutes approved by the board.

11/12/08 Page 1 of 5

Town of Epsom
Planning Board
11/12/08
In Attendance: James Bowen, Chairman; Alan Quimby, Vice-Chairman; Keith Cota,
Selectman’s Representative; Dan McGuire; Jay Hickey; Norm Gentry; Darlene Phelps,
Recording Secretary

Not In Attendance: Betsy Bosiak, Alternate; Chris Porter; Phil Demeritt

Other Attendees: Joe Wichert, Mike Gruette, Wendell Basset, Scott Kemp, Paul & Heather
Osborn, Christine & David Fitts, John & Ruth Brown, Ken Brown, David & Brenda Mihachik, Jim
Torressen, David & Cathy Gruette, Tiffany Major

6:45 PM Norm Gentry is sitting in for Chris Porter.

Mail was reviewed. Jay provided a copy of the Road Construction Security Funds and
Administrative Costs which are a part of our Subdivision Regulations. This would be used for
construction review.
Minutes of 10/22/08 were reviewed. Jay made a motion to approve the minutes as amended.
Alan seconded the motion. All in favor.

7:05 PM Public Hearing/ John & Ruth Brown/Lot Line Adjustment between U10-1 & U4-20
Joe Wichert presented the plan for the Brown’s to do a lot line adjustment between these two
lots.
An application for a variance was approved by the ZBA on 8/20/08. They do have state
subdivision approval. They do not usually get state subdivision approval for a lot that is being
made larger; however given the history of the property, they felt it was worthwhile to get that
approval. The approval provides the following approvals:
1. Lot 1, TM: U10 – Approved for 2.0029 acres.
2. Lot 20, TM: U4 – Approved for 0.7873 acres.
3. Both lots approved with a municipal water supply only.

Joe is requesting a conditional approval because they have not satisfied one of the ZBA
conditions of obtaining an approved septic design. They have not done this yet, because they
want to design the septic system to meet the needs of the buyer and they do not have a buyer
yet. There was discussion about the size of the home that can be built on a lot that small.
Joe noted that they do not meet the minimum of one acre of contiguous buildable area, so they
will need a waiver for that.
Brenda Mihachik, abutter, has no problems with this application.
Simon Leeming, Attorney for the Browns addressed the board and give a brief description of the
history of the property. He stated that this property has been in the Brown family for many,
many years and that the Brown’s desire to have an appropriate home built next door. Dan
asked about the deed restriction stating that this land is non-buildable. Simon Leeming
explained that he feels it was inaccurately advertised as non-buildable when it was put up for
sale in 1981.
Keith told Joe that the rear property setback needs to be changed to 20’, as opposed to 15’.
Alan made a motion to close the public hearing. Jay seconded the motion. All in favor.
Dan questioned why we are making a decision on this application, when it seems the ZBA has
already made the decision. There was discussion regarding this being a condition of the ZBA to
Final minutes approved by the board. 11/12/08 Page 2 of 5

secure this lot line adjustment. Keith wonders if we even need to issue a waiver for the
buildable area, considering this is only a lot line adjustment, and not a subdivision.

Dan made a motion to approve the application with the following conditions:
* Lot 1, TM: U10 – Approved for 2.0029 acres.
Lot 20, TM: U4 – Approved for 0.7873 acres.
Both lots approved with a municipal water supply only.
*Septic approval for lot 20
*Rear set back changed to 20’

Keith seconded the motion. All in favor.

7:30 PM Non-Residential Site Plan Review / Gruette / U6-16

Joe Wichert presented the plan for Wolverine Management. They are proposing a 5000 SF
building to operate Wing Nut Electrical. They have received a Special Exception from the ZBA
on 8/20/08 to operate an Automotive Electrical business and a variance to change this from
residential to commercial zoning.
They have state septic approval & their driveway permit. The plans he provided to the board
tonight have a change that shows the new striping pattern on Route 4. All other parts of the
plan are the same as what he has presented before.
He showed a likeness of the building that they plan to build.
The ZBA Conditions that were placed are as follows:

1. Non-Residential Site Plan Review approval shall be obtained through the Epsom
Planning Board.
2. The subsurface disposal (septic) system shall be assessed during Non-Residential Site
Plan Review for adequacy of the system to accommodate the proposed vehicle sales
and service business as well as two additional businesses.
3. The site’s landscaping shall be designed to not interfere or restrict sight lines to ensure
safe egress and access from US Rte. 4/202.
4. All hazardous chemicals and materials created as a part of the vehicle service business
shall be stored and disposed of using “Best Management Practices” and be in
compliance with any other applicable State and Federal regulations..
5. Vehicles displayed for sale shall be restricted to placement on two 12 ft. X 20 ft. concrete
pads and located no closer than 10 feet from the edge of the US Rte 4/202 R.O.W.
6. Business exterior lighting within the site shall be designed for “downward” illumination.
7. The number of driveways accessing the property shall be limited one.
8. Business use shall be limited to automotive sales, automotive and marine electrical
repair service, and other businesses permitted by the Epsom Zoning Ordinances by right
or Special Exception.

Dan stated that a previous concern was the inability of large vehicles – such as an RV – to turn
into the driveway and get around the building. Joe said they feel that 30’ around the building is
suitable. Mike Gruette said these types of vehicles will be the exception, not the rule – and
those would drive around the building. Keith asked about parking for large vehicles. Mike said
there likely would not be more than one RV on site at one time. Keith suggested that they are
selective when renting the other two bays so that the site is not overused with large vehicles.
The driveway width is 36’, and the driveway permit allows for up to 40’.
Alan asked if the Fire Dept. has seen a copy of the building plans. David replied no. Joe
provided a copy of the building plan to the board.
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Alan suggested that we obtain an escrow account for construction oversight for the building.
Dan asked if the lot line issue has been resolved. Bill Norton replied that the Mylars are waiting
to be signed by Gary DePalma. As soon as it is signed, it will be recorded at MCRD.
James asked if any members of the public would like to comment in favor or in opposition.
There are none.
There was a brief discussion about the hydraulic analysis. Keith suggested the report is flawed;
however he feels that if the pond is built at the size shown on the plan, it will handle the water.
Mike said they will have a dumpster on site, and it will be placed behind the building, where it is
not visible from the road.
Dan made a motion to close the public hearing. Jay seconded the motion. All in favor.

There was discussion of an escrow account being set up for review of the site construction. Joe
feels it is not necessary to have construction oversight for private development, particularly on a
site of this small size. David Gruette also stated that this building was designed taking all of the
water flow into consideration. He doesn’t wish to hire a 2nd opinion for this.

Dan made a motion to grant the approval with the following conditions:
*Follow all ZBA conditions.
*A letter from the Fire Department saying they have reviewed the building plan
*Any new tenants to be reviewed by Fire Department before business permits are issued.
*Dumpster placed in a location not to be visible from Route 4.
*Update the plan to show the shaded area has been removed.

Keith seconded the motion. Norm, Keith, James, Jay & Dan voted yes. Alan voted no.

There was further discussion about whether town engineer oversight is appropriate for this site.
Joe interjected that he’d like to know exactly what amount of oversight is going to be required.
Alan stated that we will obtain an estimate from SFC, but we have the right to say no if the
amount is exorbitant.
Those in favor of requiring oversight by SFC: Keith – roughout, drainage & final pavement; Jay
– limited scope, Alan – limited scope; James – limited scope.
Those not in favor: Norm, Dan,

David Gruette expressed his disappointment in being required to provide escrow money for this;
he hopes this will be standard procedure for other applicants ongoing.
Joe will email SFC to get a scope of work.

8:20 PM Public Hearing / Mihachik / Lot line adjustment between R10-22-5 and common
land owned by the association.
Joe Wichert presented this plan to do a lot line adjustment between the Mihachik’s property on
R10-22-5 and the common land. Joe stated they sent abutter notices to every abutter to the
common land, plus sent a letter to Frank Merrill, who is the owner of the common land. The
reason he is the owner is because a homeowner’s association has never been formed. When
such time the association is formed, he agrees to transfer the deed out of his name.
A letter has been received by Frank Merrill who is in support of this lot line adjustment.
Jim Torressen, abutter asked why the permit was given for the pool without the lot lines being
checked. Joe clarified that the pool itself is on the Mihachik’s property, it is 2-1/2’ of sidewalk
that encroaches on the common land. David Michachik also indicated that the property lines
have not been clearly marked in the Lord’s Mill development, so it was his error on the
application. The property has since been properly marked.
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It was also noted that the area that is now part of the common land is more easily accessible to
the public than the higher area.
Jim Torressen then asked for clarification about whether the common land is privately owned or
is it common land. Joe explained that because there is no homeowner’s association, the
property is owned by the previous owner; however it is still common land.
Barbara Clarke stated that upon a quick file check, she has determined that the common land is
not a taxed parcel of land.
Dan made a motion to close the public hearing. Jay seconded the motion. All in favor.

Dan made a motion to approve the lot line adjustment. Jay seconded the motion. All in favor.

8:35 PM Public Hearing / Cobblestone Properties on Rte 28 / Finalize plans to create a

small lot next to Route 28
James recused himself from this public hearing.
Joe Wichert presented the plan.
Lots 82 & 82-3 were previously approved by this board; but the Mylars have not been signed
yet. Joe said he was told previously that the Mylars for those two lots would not be signed until
the bond is posted for 1800’ road.
He would like to bond the road for 200’ past the intersection of this lot and build that portion of
road, but they do not plan to open the entire 1800’ of road until they have something in the
works for those other two lots. Getting bonds in this economic climate is particularly difficult,
especially considering the subdivision has not yet been approved.
Joe explained that they have applied for a subdivision & a site plan review for this lot at the
same time. They do have state subdivision approval for 82-4. The buildable area for this lot is
.77 acres, so they will need a waiver for this. Joe stated that they can have one full acre of
buildable area, but it will require property from the westerly side of the wetlands, so he doesn’t
feel it’s necessary. Keith disagrees. He feels that if it is possible to meet that requirement, then
they should meet it – regardless of whether it is residential or commercial.

Joe presented a new plan that shows the driveway shifted westerly so that it is directly across
from the Century 21 driveway. They also substantially increased the curb cut for access by
tractor trailers. Because they made these changes, they exchanged the driveway with the
parking area. They also had to put the septic system under the pavement.

Joe indicated that they qualify for an exemption to bonding. After reviewing those exemptions,
Keith does not feel they qualify for that.

Dennis Lavertu, abutter, is concerned about the wetlands and wants to be sure that the
wetlands on his property are not increased. Joe reviewed the plan with Mr. Lavertu to show him
where the water will go.
Wendell Bassett, abutter, asked if the road that will be built will be a town road. Alan replied
that it will eventually be a town road. Joe explained the placement of the proposed road.

Keith feels that subdividing out Lot 82-4 is premature since the lot as a whole has not been
recorded yet. Keith is concerned about wetlands and property boundaries. A bond has to be
posted for the road as well.

Jay asked Joe if the lot behind this one will require waivers as well. Joe said that lot is about 12
acres, so it may not be necessary. There was much discussion about whether it is necessary to
have one acre of contiguous buildable area for this lot.
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In regard to the bonding of the road; Keith urged the Planning Board to make a recommendation
of what it would require, and send that recommendation to the BOS. Joe stated that the
practice of this board has been to not require bonding of an entire road that is not being
developed in its entirety. There was a great deal of discussion regarding phased development.

In regard to the site plan, Keith is concerned about the storage pad, access to the pad, and
runoff from the pad and how it will affect the wetlands. As noted in the ZBA conditions, all
washwater must be disposed of properly.

There was discussion about the Planning Board requiring engineering oversight for this lot.

Keith asked about signage, and lighting. Joe will ensure that is on the final plan. Drainage is
collected in underground storage, and will drain 500’ down toward Route 28. Keith stated it
should be draining back into the wetlands. Joe will be sure the oil trap is shown on the plan.

Keith made a motion to continue this public hearing to December 10. Dan seconded the
motion. All in favor.

9:55 PM Informational / Non-Residential Site Plan Review / Route 28 / U8-93-2 Kempro

Construction
Scott Kempro desires to build a 1600 SF (40’ x 40’) addition on the north side of Auto Value of
Epsom. The lot is 4.2 acres. A new septic system was installed 2 years ago. They will meet all
set back requirements. This is to add on to the show room. He indicated the majority of their
business is delivery, as opposed to walk-ins. The showroom will include more displays. There
are no lighting or parking or signage changes to the lot. The driveway is gravel.
Currently there is no exterior lighting, with the exception of an overhead light over the front door.
The board feels that exterior lighting is necessary.

Alan made a motion to place them on the agenda for our December 10 meeting. Jay seconded
the motion. Scott will provide the application & abutter’s list to me by Friday, December 12.

10:10 PM Old/New Business

The escrow amount needed for the Bartlett subdivision is $5400, per SFC.

10:15 PM Alan made a motion to adjourn. Jay seconded the motion.