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Report of the superintending school committee of the Town of Lee, N.H. for the year ending (1985) online

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Whenever the regulations made under the authority hereof differ from
those described by any statue, ordinance, or other regulations that provi-
sion which imposes the greater restriction or the higher standard shall
govern.

5. Are you in favor of the adoption of Amendment #5 as proposed by the
Lee Planning Board for the Lee Zoning Ordinance as follows:

Amending Article VII pertaining to multi-family development by the
deletion of the existing article and substituting an entirely new
article which would permit multi-family development in any zone on a
site approved by the Planning Board requiring a two acre per unit
minimum lot density in the residential zone and the greater density now
permitted in the commercial zone; also establishing standards, regula-
tions, procedural and design requirements for such development?

Standards for multi-family development were drafted by the Planning Board
in an attempt to bring apartment units into conformance with the standards
for condominiums, cluster units, mobile home subdivision units. The article
follows in its entirety.

ARTICLE VII

MULTI-FAMILY DEVELOPMENT

Purpose

The purpose of this article is to provide a flexible policy for quality
multi-family development consistent with the rural character, health, safety,
and welfare of the Town of Lee.

Definitions

(1) Multi-family structure shall mean a residential structure containing two

(2) or more units but no more than six (6) dwelling units.

(2) Multi-family development complex shall mean two (2) or more multi-family
structures placed on the same site.

(3) Dwelling unit shall mean any area containing the amenities ususally con-
sidered necessary for day to day living for one family unit. A dwelling unit
need not be separated from another unit by an unbroken wall or have a



insert 22



separate entrance but shall contain toilet and kitchen facilities.

(4) "In-law" unit shall mean a separate one bedroom unit which is contained
within a single family residence on a conforming lot and is not intended for
rental purposes. The primary residence is to be owner occupied.

Standards



Multi-family dwellings, including condominiums shall be permitted in all
zones on sites approved by the Planning Board. Such developments must
conform to all restrictions and regulations placed upon said zone elsewhere
in this ordinance as well as regulations of the New Hampshire Department of
Water Supply and Pollution Control and the Town of Lee Building Regulations.
In addition, the multi-family development shall be subject to the Town of Lee
site plan review regulations. In addition, the following standards shall apply

(1) In Zone C: Each multi-family dwelling shall contain a minimum of 85,000
square feet of land for the first unit and 25,000 square feet for each unit
thereafter. There shall be a minimum of 250 feet of road frontage.

In Zone A, the minimum land area for a multi-family structure {not
including an "in-law" unit) shall not be less than 85,000 square feet of land
for each dwelling unit. Each residential structure shall not contain more
than six (6) dwelling units. There shall be a minimum of fifty feet between
residential structure including attached garages.

(2) Setback requirements shall conform to that required in that zone with
the exception that in a multi-family development complex, front setback
requiremetns shall be that for a commercial use in all zones.

(3) The minimum land area for a multi-family development complex shall be
twenty (20) acres. The minimum frontage requirements shall be 250 feet.

(U) For a development complex, there shall be a minimum buffer zone of one
hundred feet provided between any structure and the perimeter of the tract.
For any multi-family structure, the buffer between the nearest residential
lot line and any structure shall be at least equivalent to twenty (20) feet
multiplied by the number of dwelling units.

Procedures

Proposals for multi-family structures or multi-family development com-
plexes in any zone shall be submitted to the Planning Board. The Board
shall review such plans In accordance with the Planning Board's duties under
Site Plan Review. The Planning Board shall approve, approve with modifica-
tions, or deny the proposal as provided by statute. Any subsequent
development not part of the approved plan shall constitute a violation of this
ordinance.

In addition to the requirements outlined in the site plan review regula-
tions, the following shall be required:

(1) Site plan shall show all proposed buildings, lighting, parking
areas, signs and landscaping at a scale sufficient to permit the study of the
elements of the plan;

(2) A plan and description of all proposed utilities, road and drainage;

(3) A plan showing the proposed fire pond or other protection as
recommended by the fire chief;



Insert 23



(4) Typical elevations drawings and floor plans for all proposed
buildings or other structures.

Regulations

(1) A minimum of two off-street parking spaces shall be provided for
each dwelling unit.

(2) No building shall exceed in height thirty-five (35) feet or two and
one half stories.

(3) A time table for completion of site improvements for any multi-
family development complex shall be established. The town may require the
necessary performance bond(s) to ensure compliance.

(4) All subdivision and Building Regulations for the Town of Lee,
where applicable shall apply unless otherwise stated in this article.

(5) All waste water treatment shall be constructed in accordance with
all Water Supply and Pollution Control Standards and those for the town.

(6) All streets and parking areas within a multi-family development com-
plex shall conform to the road specifications for the Town of Lee where
applicable, to Subdivision Regulations 4:15. In addition such streets and
parking areas shall have only one exit/entrance onto any existing road.
Accessory roads or ways within the complex will be private and shall be
maintained by the property owner.

(7) Multi-family structures shall be permitted only one driveway access
off any existing roadway.

(8) Any utilities, facilities, services, etc., shall be subject to inspec-
tion by the appropriate town officials or their designees. Any costs incurred
shall be borne by the developer.

Design Requirements

In addition to the requirements of the Subdivsion Regulations and the
Site Plan Review Regulations, multi-family development complexes shall comply
with the following design requirements:

(1) Within the development, uniform architectural styles which are com-
patible with the natural amenities and topography of the site shall be en-
couraged.

(2) Originality in the lot layout and architectural style will be en-
couraged to achieve the best possible relationship between development and
the land.

(3) Individual lots, buildings, streets, and parking areas shall be
designed and situated to minimize alternation of the site features to be pre-
served, to lessen the area devoted to motor vehicle access, to avoid adverse
effects of noise, shadows, and traffic, and to retain aesthetic qualities.

(4) Open space areas shall include irreplaceable natural features located
in the tract (such as, but not limited to stream beds, significant stands of
trees, individual trees of significant size, rock outcroppings, and marshes).
These should be distributed throughout the development as part of a design
which will serve to unify the development visually and functionally and to
buffer the development from surrounding land uses. No common open space
shall be denuded, defaced, nor otherwise disturbed without prior written



Insert 24



approval of the Planning Board

(5) Open space intended for recreational or public use shall be easily
accessible to pedestrians. Such open space areas shall be linked to residen-
tial areas by walkways which shall meet the needs of the elderly and handi-
capped.

(6) Natural surface drainage channels shall be either incorporated into
the overall site design or shall be preserved as part of the required open
space.

(7) The entire development shall be designed so no diminution in value
of surrounding properties will occur.

General Provisions

Fees : The applicant shall be responsible for all costs incurred by the Town
of Lee in review of plans.

Special Studies : The Planning Board may require special studies and/or
additonal information that it deems necessary to carry out the purposes of
the multi-family provisions. Such studies shall be undertaken by the Town
of Lee at the expense of the applicant.

Public Hearing : No multi-family development complex shall be approved or
disapproved without first affording the applicant and abutters two public
hearings thereon as provided for in the Subdivison Regulations.



6. Are you in favor of the adoption of Amendment #6 as proposed by the
Lee Planning Board for the Lee Zoning Ordinance as follows:

Amend Article V Section B pertaining to the commercial zone to add:
Land coverage including buildings and parking shall not exceed twenty-
five (25) percent of the total land area?

This amendment will protect groundwater by limiting the impervious covering
of the soil and will enhance the rural character of commercial areas.



7. Are you in favor of the adoption of Amendment #7 as proposed by the
Lee Planning Board for the Lee Zoning Ordinance as follows:

Amend by the deletion of Article XIV pertaining to the Zoning Board of
Adjustment and amend Article II by deletion of the definitions for
special exception and variance and substitute in Article II a definition
for Zoning Board of Adjustment which details the authority of the Board
pursuant to RSA 674:33 as well as the specific criteria to justify the
granting of a variance or a special exception to the zoning ordinance?

This amendment is for clarification purposes and follows in its entirety.

Zoning Board of Adjustment : Pursuant to RSA 674:33, the Zoning Board of
Adjustment shall have the power to:

(l) Hear and decide appeals if it is alleged there is an error in any
order, requirements, decision, or determination made by an administrative
official in the enforcement thereof or any ordinance adopted purusant thereto.



Insert 25



(2) Authorize upon appeal in specific cases such variance from the
terms of the zoning ordiannce as will not be contrary to the public interest,
if, owing to special conditions, a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship and so that the spirit of the
ordinance shall be observed and substantial justice done.

(3) The Zoning Board of Adjustment, in appropriate cases and subject
to appropriate conditions and safeguards may make special exceptions to the
terms of the ordinance. All special exceptions shall be made in harmony with
the general purpose and intent of the zoning ordinance and shall be in
accordance with the specified rules contained in the ordinance.

For the purposes of this ordinance, the following are established as general
prerequisites for the granting of a special exception, subject to such further
conditions as may be defined elsewhere herein. Special exceptions may be
granted only for uses which are specifically mentioned in other sections of
this ordinance.

(a) That the use will not be detrimental to the character or enjoyment
of the neighborhood or to future development by reasons of undue variation
from the kind and nature of other uses in the vicinity, or by reasons of
obvious and adverse violation of the character or appearance of the neighbor-
hood or cause diminution in the value of surroudning properties;

(b) That the use will not be injurious, noxious or offensive and thus
detrimental to the neighborhood;

(c) That the use will not be contrary to the public health, safety, or
welfare by reason of undue traffic congestion or hazards, undue risk of
life and property, unsanitary or unhealthful emissions or waste disposal, or
similar adverse causes or conditions;

(d) All non-residential and multi-family residential use are subject to
site review by the Planning Board pursuant to RSA 674:43 and this ordinance.
Written approval by the Planning Board of the applicant's site plans must be

a condition of granting the special exception.

Each application to the Zoning Board of Adjustment for an exception to or
variance from the Zoning Ordinance must be accompanied by an application
fee sufficient to cover actual costs in connection with the required pubic
hearings.



Insert 26



ARTICLE IV
OPERATING BUDGET



Insert 27



Insert 28



ARTICLE IV
OPERATING BUDGET



CATEGORY


APPROPRIATED
1985-86


REQUESTED
1986-87


Town Officers' salaries


$ 30,700


$ 32,100


Town Officers' expenses


36,300


43,100


Election & Registration


6,000


8,800


Town Hall & Other Buildings


10,900


11,700


Retirement S Social Security


■ 17,700


21,000


Insurance


22,800


28,900


Property Appraisal


7,000


8,500


Legal Expenses


12,000


12,000


Contingency Fund


4,200


4,800


Interest, short term notes


2,000


2,000


Police Department


99,000


116,825


Fire Department


20,450


27,990


Highway Department


109,000


137,000


Transfer Station


11,600


17,900


Lamprey Regional Solid Waste


20,026


31,080


Building Inspector


2,400


10,000


Health Officer


200


200


Recreation Commission


1,000


1,300


Oyster River Youth Association


3,976


3,914


Civil Defense


# 100


100


Conservation Commission


50


50


Library


14,913


20,744


Town Poor


9,000


13,000


Old Age Assistance


6,000





Patriotic Purposes


400


400


Cemeteries


5,000


5,600


Dog care and damages


1,500


1,500


Planning and zoning


9,350


12,400


Bulk gas & Special duty


16., 000


18,000


TOTALS


$ 485,565


$ 602,099



Insert 29



Insert 30



Insert 31



Insert 32



TOWN OF LEE LIBRARY FUND DRIVE REPORT
July 1, 1984- June 30, 1985

Balance: 7/1/84 $1,050.74

Receipts:

Donations 100.00

NOW Account Interest 45.37

Rebate 3.18

1,199.29

Expenditures:

Furnishings and Equipment $ 408.86

Construction and Labor 37.50

Miscellaneous 6.26

$ 452.62

Balance: 6/30/85 $ 746.67



73



TOWN OF LEE LIBRARY FINANCIAL
REPORT 1984-1985

TVustees' Receipts:

Balance Forward $1,284.00

Town of Lee 5,273.14

Fines 73.59

Book Sales 50.00

Supply Sales 3.00

Town Meeting Refreshments 35.68

Durham IVust NOW interest 93.90

$6,813.31

Trustees' Expenditures:

Books and Periodicals /Postage $3,672.40

Telephone 331.21

Furnishings and Equipment 731.00

Special Programs 100.00

NHLTA Dues, Trustee's Travel and Expenses . . . 113.84
NHLA Dues, Librarian's Travel

and Expenses 181.04

Library Supplies 116.06

Maintenance Supplies 116.65

PLT Courses 240.00

Miscellaneous 65.79

$5,667.99

TVustees' Balance 6/30/85 $1,145.32

Librarian's Receipts:

Balance Forward $ 161.45

Fines and Contributions 237.35

Out of Town Cards 8.00

Book Sales 1.00

Miscellaneous Receipts 31.29

$ 439.09

Librarian's Expenditures $ 395.08

Librarian's Balance $ 44.01

Grand Total Receipts $7,252.40

Grand Total Expenditures $6,063.07

Combined Balance* $1,189.33



$225.07 of this amount is encumbered for the purchase of books.



74



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75



REPORT OF THE POLICE DEPARTMENT

Growth in Lee has become a problem for the Police Department
as well as for other departments within the town. When the
population of a community increases, the problems inherent
with such growth increase proportionally. There are proposals
for about 300 new family-living units to be constructed within the
next 12 to 14 months. That will increase the number of living
units in Lee about one-third. Included in the proposed expansion
of the town is an increase in the retail outlets at the traffic circle.

With the decrease in federal funds due to Reaganomics, the
number of funding programs and assistance programs to Law
Enforcement have decreased. It was the intent of the federal
government to shift the burden of assistance from the federal
level to the state level. In New Hampshire, a state without broad
base taxes, there is no state money to pick up training programs,
enhanced motor vehicle enforcement and assistance for equip-
ment. Thus in New Hampshire, we will be looking toward local
revenues to replace the lost federal revenues. This, in conjunction
with the rapid growth has created tremendous problems.

During the past year, the Supreme Court ruled in a case titled
Garcia vs. Tucson, Arizona, that communities would be required
to pay public service employees at a rate of time and one-half for
overtime. This requirement has since been modified by Congress,
allowing communities to give compensatory time in lieu of cash,
but compensatory time must also be given at the rate of time and
one-half. This legislation prevents the buildup of more than 460
hours of compensatory time for police, and all time accumulated
at the time of severance must be paid as a cash settlement.

With Garcia, Reaganomics and rapid growth in mind, the
department has proposed a budget this year that would allow for
the transition of the agency from 16 hours of coverage a day and
8 hours of call out, to 24 hours of coverage per day. The transition
would not be complete until April 1987, the time that planning
estimates call for the proposed subdivisions to be completed.
Twenty-four hour coverage would reduce call out and thus protect
us from problems of Garcia, as well as expending coverage
necessary for the rapid growth that we are experiencing here in
Lee. There is an added problem in the requirement that officers
reside within a 4.5 mile radius of the police station. This area
includes all of Lee, some of Durham, Madbury, Barrington, Not-



76



tingham, Epping and Newmarket. The residency requirement is
necessary because of response time and call back between mid-
night and 8 AM. We all realize that this is an expensive area to
live in. Twenty-four hour coverage would eliminate the need for
the residency requirement, as call out would not be necessary.
Eliminating the residency requirement would make us more
competitive at present wage rates in the employment market.

We hope that the townspeople will recognize that increased
growth will require increasing the size of agencies, if the same
level of service is to be extended. Rapid growth will continue for at
least another year as the Planning Board has determined that
present levels of growth can be supported by the present tax base.
Recent New Hampshire court cases prevent growth control if
Planning Boards reach that conclusion after study.

Following is a breakdown of activity for the period of July 1984
to June 1985. As you can see by reviewing the statistics below, the
case load of the agency is increasing and the number of serious
crimes and crimes against the person are also increasing.

Respectfully submitted,
Brian Burke
Chief of Police



STATISTICAL BREAKDOWN
1985

Felony Complaints

Rape 3

Arson 3

Mail Tampering 3

Theft/Fraud 12

Attempted Burglary 3

Burglary 27

Misdemeanor Complaints

Reckless Conduct 1

Criminal Threatening 9

Arson 2

Criminal Mischief 70

Theft/Fraud 83

Disorderly Conduct 1

Telephone Harassment 15

Operation After Suspension 2

Simple Assault 5

Criminal Trespass 9

Other Misdemeanors 5

Violations

Speed 187

Non-Inspection 11

Stop Sign 11

Passing Violations 3

Motor Vehicle License Offense 13

Unregistered 8

Disorderly Conduct 7

DWI-lst 6

Failure to Yield 4

Unsafe Tires 3

Reckless Operation 5

Littering 3

Possession of Alcohol 6

All Other 7



78



General Service Calls

Abandoned /Disabled /Towed Motor Vehicles 26

Aid to Lee Fire Department 52

Aid to Other Municipal Agency 9

Aid to Other Police Department 103

Animal Complaints 116

Applicant Checks 26

Burglar Alarm Activations 17

Citizen Aid 128

Domestic Disturbances 23

Escorts 297

House Checks 84

Hunting /Firearms Complaints 6

Lost /Recovered Property 58

Medical Aid 56

Motorist Aid 70

Motor Vehicle Complaints 29

Noise Complaint 20

Unsecured Buildings 27

Untimely Death 3

Motor Vehicle Accidents 115

Pistol Permits 30

Suspicious Person 92

Adult Arrests

Criminal Trespass 1

Operation After Revocation 3

Reckless Conduct 1

Receiving Stolen Property 1

Burglary 2

Rape 1

Assault 2

Criminal Mischief 1

Issuing Bad Checks 7

DWI 10

Contributing to Delinquency of Minors 1



79



Juvenile Arrests

Protective Custody 6

Runaway 2

Unregistered OHRV

Reckless Conduct

Runaway

Disorderly Conduct

Conspiracy to Commit Theft

Wayward & Disobedient

Motor Vehicle Warnings

Speed 220

Stop Sign 6

Tire Violations 3

Non-inspection 3

Unregistered 2

Reckless /Erratic Operation 10

Littering 3

Motor Vehicle License Offense 11

Failure to Yield 11

DWI Checkups 3

Passing Violations 10

Failure to Dim Headlights 1

Checkups 63

Defective Equipment 46

Parking Complaints /Tickets 40

Other 10



80



PLANNING BOARD ANNUAL REPORT- 1985

The Planning Board received and reviewed a record number of
applications for development in 1985. Sixteen applications for
subdivision or resubdi vision were approved creating a total of 68
new building lots in Lee. Wheelwright Park, a proposal by Cheney
East Corporation was approved in January which created
seventeen lots in Lee's first mobile home subdivision on Route
125. Other major subdivisions were approved on Route 152, on
Route 155 and Tuttle Road and in the High Road area. At the end of
1985 applications had been received for nine additional subdivi-
sions which, if approved, will create 137 additional building lots
in 1986. Two of these proposals are for cluster residential devel-
opment, a concept which was adopted by the voters in 1983 to
permit reduced lot sizes and retain open space.

Site reviews and evaluations were conducted of all active Earth
Removal Operations by the Planning Board. Excavation permits
were granted for limited time periods to Ken Miller on Garrity
Road and to Ken Morin on Route 125.

Site approval was granted for Merri-Lee Day Care on Pinkham
Road, the only new commercial business which was created in
Lee in 1985. Site approval was also granted for the expansion of
Fogarty Lumber Company. Three Site Plan Review applications
were pending before the Planning Board at the end of 1985 all for
multifamily apartment units. If approved, this would create a
total of 154 new apartment units in Lee. 96 of these units are
part of the proposed commercial and residential mixed complex
which has been proposed for the 79 acres located at the Lee


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