FINAL

Town of Henniker
Planning Board Meeting
Wednesday, October 9, 2019
Henniker Town Hall

Members Present: Chair Dean Tirrell, Vice Chair Bill Marko, Selectman Representative Tia
Hooper, Keith DeMoura, Heidi Aucoin, Scott Dias, Dan Higginson
Members Excused: Ryan Haley
Town Planner: Mark Fougere
Recording Secretary: Colleen Gagnon
Guests: Jane and Rob Williams, Darrin Black

1. Call to Order/Attendance/Pledge

Chair Dean Tirrell called the meeting to order at 7pm. The Pledge of Allegiance was said. Chair
Tirrell noted that Mr. Ryan Haley is excused therefore Mr. Keith DeMoura will be a voting
member of the board this evening.

2. September 11, 2019 Meeting Minutes- Review and approve

The Board reviewed the September 11, 2019 meeting minutes. A minor edit was noted. Mr.
Dias made a motion to accept the September 11, 2019 meeting minutes with discussed edit. Mr.
Marko seconded the motion, the motion passed 4-0-3 (Marko, DeMoura, Hooper)

3. Projects of Regional Impact

There are no projects of regional impact at this time.

4. Public Hearings

PB2019:03 Proposed Minor Subdivision of an existing 7.68 acre property into two lots, 956 Old
Concord Road, Owner J & M Morse Trucking, LLC & Applicant Higginson Land Services,
Map 1 Lots 549, Zoned CH Heavy Commercial. Application Acceptance and Public Hearing

Mr. Higginson addressed the board. Mr. Higginson presented the proposed subdivision to the
board and described what the two lots would look like. He stated that they are proposing to
subdivide the property along the wetlands. The two areas would be individual lots. Mr.

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Higginson explained that currently there is no decision on what to do with the vacant lot. The lot
has been logged and it is vacant. The second lot has an older existing house with barn. There is
a wood shop. The shop seemed substantially vacant but the previous owner seems to still be
doing some woodworking. There are roads on two sides, Stone Falls Road and Trailer Park on
one side and the Garden Center on the other side. Selectman Representative Hooper asked about
a proposed well and another area that is marked off. Mr. Higginson explained that the markings
are there to prove there is a viable spot for a well and septic.

Mr. Dias asked about the total frontage on the new to be created lot. It was determined to be 216
feet. Mr. Dias confirmed that there is no building or business currently proposed. Mr.
Higginson stated that there is no proposal at this time.

Dean Tirrell asked about the area being wet. Mr. Higginson explained that the wetlands was
looked at by a wetlands scientist before the land was cleared. The lot has an area that is
somewhat poorly drained. The wetland scientist's stamp will be on final plan. The lot is wet in
the Spring time and dry the rest of the year. Mr. Higgingson explained the ideal spot for building
on the land. Chair Tirrell asked if the soil's individual felt the wetlands was manageable. Chair
Tirrell asked the width of the wetland. Mr. Higginson referred to the map to show where the
wetlands are. Mr. Fougere described the wetland area. The board discussed that the minimum
requirements to build on the property are met.

Mr. DeMoura asked if there is 3 phase power at the proposed lot subdivision. Mr. Higginson
said he thought so but he did not know for sure. He stated that if it is not there, it is not far away.
Mr. Higginson said the 3 phase power definitely goes through Old Concord Road and to Dodge
Hill.

Selectman Representative Hooper made a motion to accept the application as presented.

Mr. Dias seconded the motion. The motion passed 6-0-1 (Higginson abstain)

Chair Tirrell Opened the hearing to the public.

Jane Williams addressed the board. Mrs. Williams stated that she and her husband live on lot
547. They bought their house 20 years ago in what was a secluded area of Henniker. Mrs.
Williams discussed that they put the road in between Stone Falls Garden and their house. A few
months ago she and her husband heard saws, trucks and noise. The workers cleared the lot in
question. Mrs. Williams feels the wetlands are very wet, she and her husband put a culvert in
and water runs from the culvert into a stream. Mrs. Williams stated that they didn't chose to be
on heavy commercial and they were there before the zoning change. Mrs. Williams showed a
map to the board that showed the single family homes on Old Concord Road. Mrs. Williams
stated that a quiet part of Henniker, that was really like a neighborhood, is being ruined and the
equivalent of a Dairy Queen may be put in it. She stated that she can now hear route 202/9 from
her front porch and they can now see the road and trucks driving down the road.

Darrin Black addressed the board. Mr. Black is the Owner of Stone Falls Garden Center. Mr.
Black stated that he is concerned about what is going to be approved and what will go in on the

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lot. He stated that he owns a quiet garden center and he is asking the board's consideration when
they made a decision of what will go on the lot.

Selectman Representative Hooper reminded all that this is just a proposal for the subdivision of
the two properties. If anything is proposed to be built on the lot it would need to come before the
board for a site plan review. She continue to explain that this area is zoned Heavy Commercial.
It is an area where The Economic Development Committee, The Board of Selectman and The
Planning Board have focused their attention for more commercial industry to go in, for example
The Brewery. Those business are vital assets to the town of Henniker and they build the tax
base. Selectman Representative Hooper stated that before anything is built there would be public
hearings, any proposal would come before the board for a site plan review and the board would
approve it based on the conditions laid out in the site plan regulations. It was stated that the
board can ask companies to make certain considerations to lessen the impact to homeowners and
other local businesses. Selectman Representative Hooper restated that this proposal is just a
subdivision of the property and not actual construction on a lot.

Mr. Black stated that he understands that and he is here at step 1 and he is here to voice his
concerns.

Mrs. Williams stated that she is asking board not to approve the subdivision because once it is
approved she feels that it is days, weeks or years before something like a car wash goes in.

Selectman Representative Hooper responded to say that this board is focused on the future, and
what is best for Henniker. The board understands Mrs. Williams' concerns however, this is just a
subdivision. The area is zoned heavy commercial.

Mrs. Williams agreed but asked the board again to deny the application and she noted the
wetlands on the property and that Stone Falls Road is a historic road. Mrs. Williams feels the
historic preservation is a reason to deny the subdivision.

Mr. Dias asked Mr. Fougere to explain the board's rules and regulations for approval and
disapproval.

Mr. Fougere explained that there is no proposed use, there is a subdivision of the two lots. The
zoning ordinance dictates the minimum lot size and the frontage it requires which this meets.
There are wetlands on the property, there is a wetlands ordinance but there is not a wetlands
setback or buffer zone. Mr. Fougere agreed that the owner cut down every tree and he is not sure
why the owner felt that was necessary but that was his right. For the subdivision regulations,
most of the provisions are pretty lite because it is just one lot into two. The board would be on
thin ground to deny this application. The lot is larger than required, it is 80% dry and it meets all
the minimum standards. The time frame of the zone change to Heavy Commercial was
discussed. It was suggested that the zone changed to Heavy Commercial occurred approximately
10 years ago.

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Mrs. Williams restated her concern that the area in question, on Old Concord Road, has multiple
single family homes.

Chair Tirrell stated that he doesn't take any of this lightly. He brought up Dollar General and the
concerns that people had before it was put in. The board required that the landscaping and
buffers be put in. Chair Tirrell stated that he has not heard any concerns about Dollar General in
a long time.

The public concern was restated by Mr. Black. He is concerned about what is going to be built
on the lot. The board stated that they do not know what will be proposed and they can not control
that.

Chair Tirrell stated that the only assurance the board can give is that anyone wanting to build on
the lot would have to come before the board and the board would listen to all concerns. As far of
the lot, the board only has the power to deal with the zoning requirements. If there was anything
slightly off for the zoning it would have gone to the ZBA before coming to the planning board.
Chair Tirrell assured the public that the board will do everything possible to assure the
landscaping and buffers are in place.

Mr. Marko stated that it is important to state that all the zoning ordinances are voted on by the
town. The Planning Board does not make the zoning ordinances. Mr. Dias noted that the real
estate in question has never been very well maintained.

Selectman Representative Hooper stated that the current application on the table has been
accepted.

Mr. Higginson addressed the board regarding the wetlands. That there is an area that is very wet.
Mr. Higginson stated when he talks about the dry area he is referring to the dry-finger that goes
up into the proposed lot. Mr. Marko questioned why there was no differentiation on the map.
Mr. Higginson explained that they are both jurisdictional wetlands.

Chair Tirrell closed the public hearing

Mr. Fougere reviewed a few stipulations with the board. The plan needs the owner's signature,
the survey stamp, the wetlands stamp, the scientist's stamp, note # 9 should be removed as there
are no longer impact fees and all bounds should be set prior to recording. Selectman
Representative Hooper stated that the town has voted that there is a potential to bring back
impact fees. Discussion was held and it was clarified that the applicant is told of their fees at the
time of approval and there are no impact fees at this time.

Mr. Marko asked if the board would like to wait to vote or move forward with contingencies.

Selectman Representative Hooper made motion to accept PB2019:03 proposed minor

subdivision, Mr. Marko seconded the motion. The motion passed 6-0-1 (Higginson
recused)
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5. Other Business

Chair Tirrell reviewed the Hazard Mitigation update. The plan went before the Selectboard and
had the public hearing. The next step is for the plan to go before Homeland Security. Selectman
Representative Hooper stated that if there are any new regulations from the Federal Government
the plan would be recalled and updated. Mr. Dias asked how fast this would happen. Selectman
Representative Hooper stated that it could take a few months to a year. Chair Tirrell stated that it
was requested to have quarterly meetings to keep hazard mitigation going forward. Selectman
Representative Hooper stated that the plan would need to be approved first before further
committee meetings were approved.

Chair Tirrell asked if anyone else had gone up to Quaker Street and driven on the new road.
Chair Tirrell stated that a nice job was done on the road and the landscaping looked good. It was
stated that the road was done well.

Mr. Higginson discussed that as he was going through the regulations for Heavy Commercial
and he was surprised to see that sexually oriented businesses are allowed in the Heavy
Commercial zone. Mr. Fougere explained that the town must allow sexually oriented businesses
somewhere in town. If sexually oriented business are not allowed anywhere in town they could
make a constitutional argument.

6. Zoning change discussions

Mr. Fougere stated that at the request of the board he put together a proposal for solar energy
system conditional use permits. The proposal was reviewed. Mr. Fougere reviewed that he left
some portions of the proposal open for the board to fill in. It was discussed that typical ground
mounted solar panels are 10 feet tall and the trackers can get up to 26 feet tall. Mr. Fougere is
recommending that solar panels on the roof be allowed by right everywhere.

Mr. DeMoura asked about putting tracker on a roof. The board discussed that putting a tracker
on a roof could not happen due to the heavy load and housing height restrictions. Mr. Higginson
discussed his opinion that on a flat roof there would be no need for a tracker.

Chair Tirrell stated that the board is basically talking about ground mounted on a small scale.
Mr. Fougere stated that the definition of a small scale is 1,750 square feet.

Mr. Marko asked if a foundation is needed. Mr. Fougere stated that a wind load must be met and
he has seen large screws anchored into the ground. It was stated that the tracker must be secured
in some way.

Mr. Fougere reviewed definitions:

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Solar Energy System, Small Scale: An Active Solar Energy System that occupies 1,750 square
feet of surface area or less.

Solar Energy System, Medium Scale: An Active Solar Energy System that occupies more than
1,750 but less than 40,00 square feet of surface area.

Solar Energy System, Large Scale: An Active Solar Energy System that occupies more than
40,000 square feet of surface area.

Mr. Marko asked about limiting energy, Mr. Fougere said that energy is noted in the definitions.
It was discussed that there are parameters not limitations.

Mr. Fougere gave an example that a small scale, 1700 square feet, in the RR zone, does not make
a big impact. Although in the downtown possibly a small scale would not be allowed as it would
make a larger impact. Mr. Higginson furthered the discussion by asking what the next layer of a
conditional use permit would be. Mr. Fougere directed Mr. Higginson to the standards of review
section of the proposal. Selectman Representative Hooper recommended that the board take the
proposal home to review and come back at the next meeting with recommendations for Mr.
Fougere. All agreed.

Mr. Dias questioned breaking the size ranges down further into smaller components.

Mr. Fougere described an applicant going before the Hollis board. A gentleman has a 3 acre
house surrounded by agricultural land. He is putting two trackers right next to each other but
they are 350 feet off the road.

Mr. Higginson asked about insuring that a solar panel is not an eye sore.

Selectman Representative Hooper spoke about elaborate buffering mechanism and landscaping.
Mr. Marko questioned a solar panel or tracker destroying someones scenic view.

Mr. Fougere directed the board to the proposal to add the word structure to the articles
discussed. With the addition of the word structure, both a building and structure would need to
meet setback requirements. Mr. Higginson asked if a stone wall would be exempt. The board
discussed that structures, such as a porch, attached to a building are not considered part of that
building. Selectman Representative Hooper suggested that the board think on it and come back
to next meeting for further discussions. The board agreed.

Mr. Fougere directed the board to review Open Space Residential development. Mr. Fougere
suggested deleting the article in it's entirety. Mr. Higginson suggested that a square lot with a

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cluster in the middle of the square lot would not be breaking the rural characteristic of the road .
The board had discussion. It was discussed that a cluster would only work on a large square lot.
There is a complaint of the cluster housing in town where the cluster allowed houses on small
lots with small frontage right on the road. It was discussed that Village Green is a prime
example of a successful cluster. Mr. Higginson stated he feels if modified the board could leave
the cluster as an option but not as generous as it looks down. Mr. Fougere discussed that the
impact on services is the same regardless if it is a standard subdivision or a cluster. Mr.
Higginson discussed that a viable yield plan with a large buffer and 200 foot minimum frontage
would have the same impact on the neighborhood as in a regular subdivision.

Selectman Representative Hooper suggested that the board needs to take into consideration the
whole package and therefore should put this Open Space Residential topic on the agenda for the
next meeting. The board agreed.

Mr. Fougere directed the board to review the proposal to amend article X, lot size regulations.
The proposal is that the subdivision of lots located in the RN zone consisting of 10 acres or more
are permitted with a minimum of 50 feet of Frontage. Subdivisions of lots located in the RR
zone, Fronting a gravel road and consisting of 15 acres or more are permitted with a minimum of
50 feet of Frontage.

Mr. Fougere directed the board toward discussion regarding allowing transient housing for
businesses in the CH Heavy Commercial District. This came as a request from HHP. There is
no intention for people to live or have children in the transient housing. The purpose is for the
workers/drivers to have a place to stay in town. The board discussed the location of the transient
housing. The board raised concerns with the transient housing being built on a separate lot away
from the factory site. The board further raised concerns regarding the transient house being built
and the company moving out of town or going out of business. The board noted concern
regarding what the use of the structure would be if it became disassociated with the business.
Mr. Fourger stated that the transient housing structure must be associated with an existing
business. It was further discussed that the tax card would state that the building would not be a
residence.

Selectman Representative Hooper proposed that the board take this proposal home and think
about it then discuss further at the next meeting.

Chair Tirrell lead the discussion regarding mobile homes in the CH zone. There is a lot that had
a mobile home on it that burnt down over 3 years ago. The current owner recently went to the
ZBA for permission to re-build.

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Mr. Fougere discussed looking at changing the zone back to residential. Mr. Fougere described
the lots in question. One idea to make this change would be to bend the zone line. The second
idea would be to change the wording and write-in “existing mobile home parks are allowed”.

Chair Tirrell stated that Henniker does not have an abundance of good rental housing. This topic
was referred to the next meeting.

7. Adjournment

Mr. Higginson made a motion to adjourn, Selectman Representative Hooper seconded the
motion. The motion passed unanimously. 7-0

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