Thursday, May 14, 2026

Copley Properties four-lot subdivision, Map 210 Lot 22.12

Voted to take jurisdiction of the plan (all in favor). Voted to ask the Rockingham County Conservation District (RCCD) to review the plan's calculations (vote count not stated). Voted to send the plan to RCCD and continue the hearing to June 11, 2026 (all in favor).

On May 14, 2026, the board voted to take jurisdiction of (accept for review) a plan to split a parcel on Oaklands Road and Piscassic Road into 4 lots. Three would be new building lots of about 2.59 to 2.788 acres of buildable area, and one larger lot of 46.759 acres, mostly wetlands, would stay for conservation. Lot sizes range from 2.59 to 7.749 acres. No driveway access is proposed on Route 87, and each lot would have its own well and septic system. The applicant's team said the odd lot shapes are needed to meet wetland and upland rules. Large parts of the lots would be marked 'no cut, no disturb.' A board member said the numbers appear to match and the rules were met, but the board wanted an outside check because the land is near the Ice Pond. A member asked about the 100-year flood zone and shoreland boundaries. The applicant's team said the plan shows both, plus dam elevations set by the state Dam Bureau. An abutter raised concerns about lot shapes, property lines, vernal ponds, flooding and a deeded drainage easement missing from the plans. The applicant's team acknowledged the easement and said it will be addressed. The abutter said two houses would be more reasonable than three.

Muddy River Smokehouse site plan amendment

Conditionally approved, pending a note on the plan showing the residence and the town planner's approval, after which the chair may sign the plan (all in favor).

The restaurant's owners presented an amended site plan. Lighting has been turned down, is shielded, and is on a timer to go off one hour after closing. Jersey barriers are now shown on the plan, and the old winery sign was removed. The plan shows 40 parking spaces on the south side and 21 on the other side of the building. Board members said parking on New Road is not under the Planning Board's authority, and one said the restaurant meets on-site parking rules. The Select Board representative said a request to allow parking on New Road could not be considered without a signed, completed site plan on file. On drainage, a member said the original plan assumed a tent, which counts as a hard surface, so parking is better than a tent and the original drainage plan is presumed adequate. A member said the residential unit must be labeled on the plan. Staff said septic flows continue to be checked monthly.

Garvey site plan review

Voted to take jurisdiction of the plan (all in favor). Voted to re-establish the conditional approval for one year (all in favor).

The applicant said the plan is unchanged from the prior approval. Staff said recent state DES rule changes were all about residential projects. The board noted that the conditions in the notice of decision must still be met. The board asked about an agreement with the neighboring Dunkin' lot for access to a shared well and cistern (a water tank), which the original plan showed as serving both lots. The applicant said talks started well but became complicated once attorneys got involved, and that the well access is a deeded right. The board said this is a legal matter between the two parties. The applicant will tell the board when an agreement is in place and before a certificate of occupancy is issued.

Great Bay Nitrogen permit expiration and stormwater work

A board member reported that the Great Bay Nitrogen permit, signed over 5 years ago, expired on February 28, 2026. He said the town found stormwater problem spots at the town hall, library, school and fire station and is working to fix them. Rain gardens at town hall are done. A project on Summer and Pleasant Streets is expected to finish in July or August 2026. The town has used both built measures, such as rain gardens and infiltration trenches, and non-built best practices. The member said the federal Environmental Protection Agency sent a letter in April noting a 70% cut in nitrogen loading. The EPA will keep monitoring the town's compliance. Separately, the board will meet with the Rockingham Planning Commission on Thursday, May 28, 2026, in a work session on updating the town's Capital Improvement Plan (CIP).