Meeting report · Planning Board
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Planning Board — May 15, 2024
Three public speakers raised concerns on two topics (Clearview transparency and Noble environmental/rural impacts), but the board addressed them directly, imposed targeted conditions, and maintained full unanimity on all decisions.
Decisions logged
Every recorded vote, with timestamps and dissents.
Both Clearview applications (PZ -41889 and PZ 18768-040924) accepted as complete
Motion by a speaker, seconded by a speaker
Unanimous (all in favor, none opposed)
02:15
Approval of amended subdivision plan for Clearview (PZ -41889)
Motion by a speaker with staff report conditions; motion carries
Unanimous
18:15
Approval of two-lot subdivision for Clearview (PZ 18768-040924) with conditions precedent and subsequent
Effective upon closing; impact fees at single-family rate; active/substantial development defined as driveway clearing; substantial completion as foundation in ground
Unanimous
19:12
Findings of fact approved for both Clearview cases
Motions by a speaker
Unanimous
21:33
Waivers granted for Noble subdivision studies
Fiscal, environmental impact, traffic, stormwater, hydrological, water impact studies waived
Unanimous
55:01
Noble subdivision (PZ 18771040924) approved with conditions
Wetland buffers marked; Phase 1A ESA required; impact fees at single-family rate; active/substantial as site prep commencement; substantial completion as foundation installed
Unanimous
56:55
AZ Realty dental office site plan application accepted as complete
Motion to accept application as complete
Unanimous
1:01:33
Approval of non-residential site plan for dental office (Case PZ1872040924) with staff report conditions plus precedent conditions (Pentachuck will-serve letter, easements, signage, lighting plan) and subsequent conditions (wetland markers, escrow). DOT permit changed to subsequent tied to compliance hearing.
Motion by a speaker, seconded; all in favor.
Approved (ayes from board)
1:45:00
Approval of non-residential site plan change of use to gym (Case PZ18773040924) with conditions precedent and subsequent from staff report
Motion by a speaker, seconded; all in favor.
Approved (ayes from board)
2:06:57
Approve case PZ18773040924 for Planet Fitness gym change of use at 123 NH Route 101A with staff report conditions
Moved by a speaker, seconded by a speaker; ayes noted, no opposition
Motion carries
2:06:04
Accept findings of fact for the gym site plan change of use
Moved by a speaker; all in favor, no opposition
Motion carries
2:07:42
Determine no regional impact for 110 Spring Road lot division
Moved by a speaker, seconded by a speaker; ayes noted, no opposition
Motion carries
2:09:51
Determine no regional impact for 70 Chestnut Hill Road conditional use permit
Moved by a speaker, seconded by a speaker; ayes noted, no opposition
Motion carries
2:10:23
Accept April 17, 2024 minutes with corrections from Speakers B, C, and D
Moved by a speaker, seconded by a speaker; ayes from D and E, one abstention noted
Motion carries
2:12:11
Adjourn meeting
Moved and seconded; all in favor
Motion carries
2:13:00
Topics discussed
Click a topic to expand quotes and full context.
00:03 Clearview Development Group applications (amended subdivision and two-lot subdivision)
Discussion of two related applications for West Village PRD condo subdivision amendment and two-lot subdivision of withdrawable land on Boston Post Road, driven by the town's purchase of 12 of 25 units with a contingency plan if the remaining 13 are not purchased. Applicant presentation on eliminating infrastructure contingent on town purchase; board questions on timing, active/substantial development definitions, and impact fees; public comment on four-acre lot and conservation concerns.
Speakers: Unidentified speaker
25:54 KJA/Noble subdivision application (94 Mac Hill Road)
Two-lot subdivision of 5.179-acre agricultural lot into ~2.6-acre lots; discussion of waivers, wetlands posting, stormwater, environmental site assessment, rural character preservation, and conditions.
Speakers: Unidentified speaker
1:00:00 AZ Realty dental office site plan application
Non-residential site plan for demolition and new one-story dental office at 108 Ponemah Road / 108 En Road (AC Realty LLC), including parking, stormwater management, landscaping, and utilities; initial completeness determination. Applicant requested discussion on making the NHDOT driveway permit a condition subsequent rather than precedent due to -6 month processing delays.
Speakers: Unidentified speaker
1:49:04 Planet Fitness Change of Use Application
Review of change of use from retail to gym (Planet Fitness) at 123 Route 101A / 123 NH Route 101A, including parking, trip generation, septic capacity analysis, and membership capacity clarification that 185 represents the maximum anticipated membership derived from Nashua site data.
Speakers: Unidentified speaker
2:09:51 Regional Impact Determinations
Board determined no regional impact for lot division at 110 Spring Road and for conditional use permit at 70 Chestnut Hill Road.
Speakers: Unidentified speaker
2:10:39 Minutes Review and Approval
Board reviewed and approved minutes from April 17, 2024, incorporating corrections to specific lines regarding phasing, perpetuity language, and town entry provisions.
Speakers: Unidentified speaker
Controversy & dissent
Where the board, the community, or the agenda diverged.
Potentially controversial issues
01
Clearview Development Group subdivision amendments and town land purchase transparency
Public commenter raised concerns that the 4-acre lot and contingency subdivision plan were not clearly disclosed during the town's conservation land purchase process, conflicting with community support for open space preservation
Board position: Approved both applications unanimously after explaining the 4-acre lot was explicitly disclosed in the publicly posted purchase agreement and vetted in multiple prior public hearings
medium concern
02
Noble subdivision (94 Mac Hill Road) environmental and rural character impacts
Two abutters raised concerns about impacts to a vernal pool/wetlands, water supply strain, and loss of rural character/views from adding a second house on agricultural land
Board position: Approved the two-lot subdivision unanimously with conditions including wetland buffer marking; acknowledged rural character concerns but imposed no additional buffer or denial requirements
medium concern
Community vs. board tension
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Action items
Who owes what, by when.
Ensure subdivision effective contemporaneous with purchase closing
Assigned: Applicant (Clearview/Ken Clinton) · Due: At closing of final phase
Provide Phase 1A environmental site assessment to Community Development office prior to septic design approval
Assigned: Applicant (Noble/Ken Clinton) · Due: Prior to septic design approval
Mark wetland buffer boundaries per zoning ordinance section 411F6
Assigned: Applicant (Noble) · Due: As condition subsequent
Discuss green border/buffer options with abutters
Assigned: Applicant (Noble/Ken Clinton) · Due: Prior to construction
Obtain Pentachuck Water will-serve letter and submit revised lighting plan meeting zoning requirements
Assigned: Applicant (AC Realty LLC) · Due: Prior to final approvals
Provide NHDOT driveway permit prior to certificate of occupancy
Assigned: Applicant (AC Realty LLC) · Due: Before CO
Monitor member counts and expand septic tank volume if exceeding 185 daily users
Assigned: Applicant (Planet Fitness) · Due: Ongoing
Proceed with permitting process aiming for November 2024 opening
Assigned: a speaker (Planet Fitness) · Due: November 2024
Notable statements
Clarified that town authorized warrant money but there was no specific town vote on the purchase; open space committee, board of selectmen, and conservation commission involved — Unidentified speaker · Response to public comment on conservation land 14:21
The four-acre lot was always carved out in the publicly posted purchase and sale agreement; transaction went through multiple public hearings — Unidentified speaker · Explaining transparency of town purchase deal 15:22
Limitation on development occurs through funding purchases and setting land aside; additional warrant articles needed for more funding — Unidentified speaker · Closing comment on Clearview cases 23:43
Inclined to require wetland posting and protection today per ordinance even if low-value, allowing future owners to seek removal if conditions change — Unidentified speaker · Discussion of wetlands on Noble lots 38:59
DOT driveway permit lead time could be -6 months; requested it be made a subsequent condition to allow construction start. — Unidentified speaker · Dental office application 1:28:45
Septic system has capacity for 187 daily users with factor of safety; Planet Fitness will cap at 185. — Unidentified speaker · Gym application 1:56:40
As a citizen, inquired when the gym would be opening — Unidentified speaker · After approval vote 2:08:07
Hopes to open November of this year if permit process moves forward — Unidentified speaker · Response to opening date question 2:08:14
Expressed excitement about moving Planet Fitness to the Amherst location — Unidentified speaker · Closing remarks 2:08:30
Public comment
What residents said — verbatim, with timestamps.
3
Total speakers
1
Addressed
2
Partial
0
Not addressed
Unidentified speaker
13:28
Addressed
The speaker expressed concern that the 4-acre lot and contingency plan were not clearly disclosed to private buyers or the town during the land purchase process. They noted surprise among town residents who had supported preserving conservation land and asked the board to consider public sentiment favoring open space.
Key concern
Lack of transparency about the 4-acre lot and contingency subdivision in the town purchase agreement
Board responseChairman clarified there was no town vote on the specific purchase, only warrant authorization; Bill (board member) explained the 4-acre lot was explicitly in the publicly posted P&S agreement and discussed in multiple public hearings before conservation commission, heritage commission, planning board, and select board.
Board directly addressed the concern by providing detailed history showing the 4-acre lot was always part of the deal and publicly vetted.
Joan Weddle
49:21
Partial
Joan Weddle, an abutter, raised three concerns: impact on her active vernal pool shared with a neighbor (wildlife, possible fertilization effects), high water table and potential water supply strain from adding a second house, and desire for a green buffer to preserve the rural character of the area.
Key concern
Protection of vernal pool/wetlands, water supply, and rural character/green buffer
Board responseBoard discussed wetlands posting and buffers during deliberation and included a condition requiring wetland buffer boundaries to be marked. Chairman and board acknowledged rural character impacts but took no action on a green buffer or additional water testing.
Wetlands/vernal pool issue was partially addressed via the marking condition; water supply and green buffer requests received no direct response or conditions.
Unidentified speaker
51:12
Partial
The abutter echoed prior comments, emphasizing the need to protect wetlands and the vernal pool behind the properties. They also stressed preserving the rural character of the area and noted that two houses would significantly alter views and the rural feel, especially given other nearby development.
Key concern
Wetlands/vernal pool protection and loss of rural character/views from two-lot subdivision
Board responseBoard acknowledged the comment with 'Fair enough' and discussed rural character and wetlands in deliberation, ultimately requiring wetland buffer marking as a condition.
Wetlands concern received a condition; rural character/views concern was noted but resulted in no additional requirements or denial of the two lots.
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