At the urging of board chair Kathy Barnard, the Planning Board has indicated that it wants to approach the rezoning of Route 28 north in two phases. In the first phase, the board says, it will place a rezoning article on the 2014 Town Meeting warrant in order to change the permitted uses in two existing commercial zones. The first of these two zones — both are labeled C2 — encompasses the businesses in the West Lake restaurant complex. The second, and larger, C2 zone occupies a number of parcels, including the Parsons furniture store and Trites automotive facility, along Route 28 and Route 109.

Responding to pleas from local residents and property owners to leave nearby residential zones unchanged, the board decided at its Sept. 3 meeting to apply zoning revisions to the two C2 districts only, leaving out nearby lots that are currently zoned for residential uses. The effect of the changes in the C2s would be to change the types of business uses that could be implemented in those two districts. Currently, the two C2s allow a number of business types that both planners and the public have agreed are potentially disruptive and environmentally damaging.

With the most onerous uses of the C2 districts addressed, the board has then proposed to create an “overlay” district for the six residential lots that are being left out of the first-phase rezoning. The intent is to leave the parcels zoned for residential uses while overlaying an additional set of uses and conditions for their future development. Such an overlay district would govern how the lots might be converted to non-residential uses via the variance process. Requests for variances are heard and adjudicated by the town’s Zoning Board of Adjustment.

This map provides an overview of the two zoning changes that the Planning Board might offer.

Planners have argued that the past use of variances to allow businesses on residentially zoned parcels along Route 28 has created a precedent for similar actions in the future. The ZBA could be convinced to permit such business uses there, planners say, because the likelihood of further residential development along the state highway is small. Included in the proposed overlay district would be the site of the former Bittersweet restaurant, which, because of a lapse in use as a restaurant, can be used only for purposes permitted under its residential zoning. It’s feared that a potential developer could use that limitation as an argument before the ZBA to gain a variance for a business use that local property owners would find undesirable.

While the rezoning of the C2s is almost certain to be placed on the 2014 town warrant, the proposed overlay district is less certain to make the filing deadline. Not only would the specifics of the district need to be hammered out, but a public hearing would need to be held on the proposal — all before a December deadline. The Planning Board, however, says it want to make the effort.

Additional changes to first-phase proposal

In addition to targeting the C2 districts alone for the first phase of rezoning, the board made some changes its current proposal. Those changes included:

• Moving restaurants of any type to a use permitted by special exception only. Such uses require review and permission by the Planning Board.
• Increasing the number of trees required on the street side of developments.

At an earlier meeting, the board had removed retail stores from permitted uses.

A motion by board members Stacy Pope to allow inns only by special exception failed to garner a majority of votes. Under the town’s definition, an inn can have up to 50 rooms, and the inclusion of this use has been opposed by property owners in nearby residential neighborhoods out of fear that such uses would generate noise and light pollution, in addition to requiring large structures and parking lots.

Town Planner Rob Houseman also confirmed that, under the town’s current definitions, a developer would be able to cover more than 40 percent of a property with buildings and pavement if the paving is pervious — that is, designed to infiltrate rain and snow runoff. In effect, the zoning proposal’s stated 40 percent limit on buildings and other hard surfaces — such as parking lots — applies only to surfaces that do not capture runoff. Consequently, it would be possible, under the proposed ordinance, for a developer to clear and cover well over 50 percent of a lot with buildings and parking areas.

Further, Houseman said that, under current definitions, multiple permitted uses could be developed on a single lot — for example, a restaurant and a bed and breakfast or professional office. The limiting factor would be the size of the lot.

Stormwater regulations review

The board continued its review of proposed stormwater management rules, which the panel is expected to incorporate into its site review regulations. Such regulations apply to commercial developments and subdivisions and can be adopted by the board after a public hearing; no approval by voters is required.

The panel had received comments on the proposed regs by Robert Roseen, a former director of the University of New Hampshire’s Stormwater Center and currently an employee of the environmental consulting firm GeoSyntec Consultants. In general, Roseen appeared to endorse the proposed regulations. He did suggest the addition of requirements for managing phosphorus and nitrogen.

When it came to the question of ensuring the maintenance of stormwater mitigation facilities built as part of a development, Roseen suggested the use of a checklist. While accepting that proposal, the board appeared unsure about who should be required to use and verify the checklist. It also stalled on the question of who would certify that stormwater runoff meets requirements for pollutants such as phosphorus.

What’s next

The changes to the proposed rezoning of the C2 districts will now be incorporated into one more draft for review by the Planning Board before the panel submits it to a formal public hearing. That is expected to take place in the fall.

The timetable for the development of the proposed overlay district and the review of the stormwater regulations is less certain.