APPROVED

 

TOWN OF PELHAM

PLANNING BOARD WORK SESSION

December 13, 2001   

 

The Chairman, Victor Danevich called the meeting to order at 7:40 pm.

 

Ms. Gael Ouellette, called the roll:

 

PRESENT:

Victor Danevich, Paddy Culbert, Bill Scanzani, Jeff Gowan, Peter McNamara, Alternate Gael Ouellette,  Alternate Robin Bousa (arrived at approximately 9:30pm), Selectmen’s Representative Hal Lynde, Interim Planning Director Clay Mitchell

 

ABSENT:

 

Henry DeLuca

 

Mr. Danevich informed that Mr. Gowan was resigning from the Board.  He discussed the countless activities and accomplishments that Mr. Gowan had been involved in.  He asked if Mr. Gowan would consider being an alternate to the Board rather than resigning.  Mr. Gowan said he was still committed to long term planning, but at this time, due to job related obligations, he would have to resign.  In the future if his job eased up he said would consider working with the Board again.  He offered consult and guidance if anyone wanted to speak with him.  Mr. Gowan recommended that the next senior alternate, Gael Ouellette be appointed to serve out his term (ending 2004)

 

MOTION:

(Culbert/Scanzani) To regretfully accept Mr. Gowan’s resignation and to recommend to the Selectmen that Gael Ouellette finish Mr. Gowan’s term (ending 2004) as a Planning Board member.

 

VOTE:

(6 - 0 - 0) The motion carries. 

 

OLD BUSINESS

 

Planning Board Proposed Ordinance - Manufactured Housing Ordinance

 

Mr. Mitchell said most of his concerns were procedural and recommended that the Board move forward.

 

There was no public input. 

 

Mr. Danevich noted that Ms. Ouellette would vote for Mr. DeLuca in his absence. 

 

MOTION:

(Culbert/Scanzani) To accept the ordinance, as written, for Town Ballot.

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Mitchell clarified that the Building Inspector could not grant a building permit in conflict with the ordinance, as of the posting date of November 8, 2001.

 

Mr. Danevich noted that the Board’s vote count would be placed on the ballot. 

 

 

 

 

 

 

 

NEW BUSINESS

 

Arlene Drive Extension ML 9-146 Bond Revocation - Masiti Development Corporation - Request by Development Owner and holder of Letter of Credit to complete project in place of having bond pulled for lack of compliance by former developer - Nationwide Construction

 

Mr. Danevich gave a brief history.  Mr. Mitchell informed that in August, 1998 the Board approved the plan and an agreement was signed so that the subdivision would be completed August 5, 2000.  He said as of November 2000, the bond amount had been exceeded.  During the building season of 2001 the development didn’t progress to the completion stage, and the Board voted to pull the bond.  Mr. Mitchell then had discussions with Mesiti and Nationwide, and once again the project hadn’t been completed.  He said he brought the bond back before the Board and recommended that it be pulled once again.  Mr. Mitchell said the development owner and holder of the letter of credit (Mesiti Development Corporation) would like to discuss taking over the completion of the project.  He said that the Town’s error was having an address that was incorrect for notices.  Mr. Mitchell said he had toured the site with CLD, the Building Inspector and Mesiti.  He provided Mesiti with a list of concerns, and Mesiti said they would be happy to provide a written schedule for deadlines. 

 

Mr. Anthony Mesiti, President, Mesiti Development Corporation said that he had done construction in the area and it was the first time having a problem.  He believed the problem was a lack of communication and appreciated the opportunity to meet with the Board.  He didn’t feel the remaining items on the site would be difficult.  He said he needed permission from Ms. Arlene Gordon to remove the barn and felt that in the next week the remaining items could be taken care of. 

 

Mr. Danevich asked if the outstanding issues for compliance had been discussed and agreed to by Mesiti.  Mr. Mitchell answered yes.  He said the only difficult issue was the removal of the barn. 

 

Mr. Scanzani clarified that all previous concerns had been discussed with Nationwide Construction, the previous developer.  Mr. Mesiti explained his relationship with Nationwide.  Mr. Scanzani asked if consideration was given to Mesiti for completion of the project, if Mesiti would end the relationship with Nationwide for completion.  Mr. Mesiti answered yes.  He went on to explain the problem with the barn.  He said the barn was stipulated on the plan for removal, but he needed Ms. Arlene Gordon’s permission to remove it because it is contained 1/2 on her property and 1/2 on Town owned land.  Mr. Mesiti said he had discussions with Ms. Gordon regarding an exchange of land.  Mr. Scanzani said he was not comfortable with any loose ends with the project.  He said he was willing to work for completion, within a reasonable timeframe and that Mesiti would be the completion company, not Nationwide. 

 

Mr. Danevich said if he was to consider that Mesiti complete the project, he would want a response letter with a completion schedule.  Mr. Mesiti said he would rapidly mobilize people for completion and didn’t foresee any problems, except for the removal of the barn.  Mr. Danevich discussed the implications of a revoked plan.  Mr. Mitchell said that the lots with no buildings would be revoked.  Mr. Mesiti was agreeable to the demolition of the barn, if he had permission from Ms. Gordon. 

 

Ms. Arlene Gordon said she did not have a problem with the demolition of the barn, once she removed a few things contained in it.  She said that her old driveway was removed and a new one was put in, but the first coat was breaking up.  She asked that her driveway be redone and taken care of. 

 

Mr. Scanzani made a motion to work with the applicant and allow the applicant to continue subject to:    1) break agreement with Nationwide Construction so the Town would be dealing with Mesiti for completion of the project; 2) create, with Ms. Gordon, a reasonable schedule with completion dates for removal of the barn and the work to be done on her driveway; 3) Mr. Mitchell to provide a list of open items on the project, and Mesiti will respond in  writing with reasonable dates for completion.  He said the Board would grant a reasonable time for project completion, such as April 1, 2002.

 

Mr. Culbert seconded.  He said he wanted an end date for everything because of the length of time the project had been going on.  Mr. Danevich asked if Mr. Culbert would agree to a schedule submitted by Mesiti within a week that would be reviewed and found acceptable by the Planning Director.  Mr. Culbert answered yes.  

 

Mr. Jeff Thomas, Nationwide Construction discussed the problem with the mail and the incorrect addresses the Town had on file.  Mr. Mitchell said the letters were certified and had not been returned. 

 

Mr. Mesiti assured the Board that neither Mr. Thomas nor Nationwide Construction would be responsible for the completion of work.  He said that Mesiti Construction would complete. 

 

Mr. Lynde wanted to make sure that requiring Mesiti to reach an agreement with Ms. Gordon would be okay.  It was discussed and agreed that because the barn removal was part of the plan, the stipulation would be okay. 

 

MOTION:

(Scanzani/Culbert) To work with the applicant to: 1) break agreement with Nationwide Construction so the Town would be dealing with Mesiti for completion of the project; 2) create, with Ms. Gordon, a reasonable schedule with completion dates for removal of the barn and the work to be done on her driveway; 3) Mr. Mitchell to provide a list of open items on the project, and Mesiti will respond in  writing with reasonable dates for completion.

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Approval compliance - Shannon Circle - ML 10-255 - Jake Swinarski - return of escrowed funds for off-site improvements for Jericho Road - Route 38

 

Mr. Mitchell gave a brief history, said the money had been in escrow for two years and there was no known current design.  He felt the money should be returned. 

 

Mr. Gowan recalled discussions for improvements on the road and supported the return of the money. 

 

There was no public input. 

 

MOTION:

(Scanzani/Gowan) To approve the return of the escrow funds to Mr. Swinarski for the off-site improvements for Jericho Road.

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Petition Warrant Article - to increase the minimum lot sizes for single family and duplex family residential homes

 

Mr. Danevich said his understanding was that the Board was to set a public hearing.  He said the hearing would be posted to January 7, 2002. 

 

Mr. Bob Lamoureux, Blueberry Circle clarified that there would be an additional public hearing notice.  Mr. Mitchell said he would post a notice ten clear days in advance of the meeting.

 

Planning Board Proposed Ordinance - Residential Growth Ordinance

 

Mr. Scanzani reviewed the document and discussed the changes that were made from last year’s document. 

 

Mr. Culbert asked if, in the exemptions, senior housing included 55+.  Mr. Danevich asked if there should be a word change to read elderly for consistency with Pelham Terrace and the new development behind Rite Aid. 

 

Ms. Diane Gorrow, Town Council said that the definition should be consistent with the Senior Housing Overlay District.  There was a brief discussion amongst the Board as to how the document should be worded.  Mr. Mitchell suggested changing the ‘D’ in District to lower case.  Mr. Danevich noted that the word ‘Senior’ would be changed to ‘Elderly’ in the two areas that the word appeared and that the ‘D’ in District would be changed to lower case. 

 

Mr. Gowan felt there should be a clarification of the possible waiver of impact fees.  Mr. Mitchell explained that if a growth rate were set, any house developed under the limitation would be exempt from impact fees.  Mr. Gowan wanted to clarify further, that the Town could not have both a growth ordinance and impact fees.  The Board then discussed the issue as stated in RSA 674:21 H, and how it would effect previously approved projects.  Ms. Gorrow did not have an answer and said she would need to research further.  Mr. Danevich said that Town Counsel would research further and provide the Board with clarification. 

 

PUBLIC INPUT

 

Mr. Bob Lamoureux, Blueberry Circle felt Mr. Scanzani did a good job creating the document.  He felt the Board and the voters should support the Warrant Article. 

 

Mr. Scanzani wanted a clear answer to his question, which was if impact fees for future subdivisions be collected if the Town had a residential growth ordinance in place.

 

MOTION:

(Scanzani/Culbert) To continue discussion to the next scheduled Board meeting of January 7, 2002. 

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Planning Board Proposed Ordinance - Open Space Planned Ordinance

 

Mr. Danevich began by discussing the minor changes made from last year’s document.  He discussed the current plans before the Board and said he hoped that developers would consider open space. 

 

The Board made minor grammatical changes. 

 

Mr. Mitchell echoed the Board’s concerns regarding open space issues in the Town.  He felt the Town’s approachs to open space were good. 

 

Mr. Danevich noted the additions made to the ordinance. 

 

PUBLIC INPUT

 

Mr. Bob Lamoureux, Blueberry Circle felt that open space was a good idea and urged voters to research before they vote. 

 

MOTION:

(Gowan/Culbert) To recommend adoption of the Open Space Ordinance to the Town.

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Gowan recommended that the Board ask the Selectmen to include a one-sheet explanation page of the land use ordinance for inclusion in the Town Report.  He suggested that after the holidays, and prior to Town vote that people get together a cable show explaining the ordinance. 

 

Subdivision Regulation - proposed amendments for discussion and possible adoption

 

Mr. Danevich noted the additions made to the proposed regulations.  He said that the traffic section would be deferred until Ms. Bousa could discuss her proposals. 

 

Mr. McNamara reviewed the proposed changes he submitted.  Mr. Scanzani felt Mr. McNamara’s changes acceptable.  Mr. Lynde also had a friendly amendment.

 

MOTION:

(Scanzani/Culbert) To amend the subdivision regulations per the proposed changes.  The traffic section changes would be reviewed at a later time. 

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Danevich said he would repost the subdivision regulations for public viewing. 

 

* See below for further discussion regarding the traffic section.

 

Mr. Danevich then discussed and clarified the proposed changes to the cul-de-sac section.   

 

There was no public input.

 

MOTION:

(Culbert/McNamara) To accept the amended changes as recommended by the cul-de-sac work group.

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Danevich said the bond section was still in the development phase.  He said that CLD (Town Engineer) had provided comments, which needed to be reviewed.  He said that Mr. Soucy (Building Inspector) had also provided comments for consideration. 

 

Mr. Scanzani said he would like to discuss the bond process, and review the possibility of the addition of site development bonds.  Mr. Danevich said that he would add an agenda item to the next work section so that CLD could comment. 

 

Mr. Lynde asked if the Board had been receiving three road names for developments.  Mr. Mitchell believed that the final recorded plan would contain the approved road name.  Mr. Danevich suggested to Ms. Casey the possible creation of a pre-approved list of names so that developers could choose a name from the list.  Mr. Mitchell said he would investigate the road naming process. 

 

Wetland Conservation District

 

Mr. Danevich reviewed the changes made from last year’s document.  He said that a significant change was that Prime Wetlands, Beaver Brook, Gumpus, Little Island, Long Pond, White’s Pond (aka Harris Pond) were changed to Class I wetlands, with a setback of 100’.  There was a brief discussion regarding vernal pools and their classification.  Mr. Danevich will amend Table I - Vernal Pools to be over 3000 square feet.

 

Ms. Bousa arrived.

 

Mr. Danevich continued to review the changes made to the WCD.

 

Ms. Diane Gorrow, Town Council inquired about the intent behind the grandfathering of lots with regard to prime wetlands.  Mr. Danevich said that any currently approved existing lots would be exempt.  Ms. Gorrow felt that the special exception section should contain language for grandfathering.  There was a brief discussion regarding the proposed setbacks and how lots would be effected once the WCD was posted. 

 

Mr. Mitchell informed that the DES did not get involved with discussions regarding buffers to wetlands.  He said they consider buffers local issues.  He said they did have a document that was co-published with the office of state planning that recommended a 100’ buffer.  Mr. Mitchell said that the DES and the state did however get involved with the shoreline protection act. 

 

Mr. Danevich informed that a wetlands map had been provided by NRPC so that residents could determine if their lot would be effected by the ordinance.  Residents could view the map at the Planning Department or online.  

 

There was no public input. 

 

MOTION:

(Culbert/Lynde) To accept the placement of the ordinance onto Town ballot. 

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Lynde asked for clarification of the effects of premature designation.  Mr. Danevich added that he would like to know what it would mean, how it would apply, how would past history effect the determination.  Ms. Diane Gorrow, Town Council said that page 26 of the subdivision regulations contained the answers to the questions.  Mr. Danevich wanted to know who had the burden of proof for a premature development.  Mr. Culbert said there had been one case.  He said the Town called a development premature and the court upheld the decision.  Mr. Scanzani felt that all the issues involved with premature developments were contained in the CIP.  Mr. Lynde’s opinion differed and would like to hear Town Council’s opinion.  He didn’t want to be bound by past decisions.  Ms. Gorrow said with the new Supreme Court case on the limitations of off-site improvements might strengthen situations of premature findings. 

 

The Board further discussed issues for premature developments. 

 

* Mr. Danevich referred back to the proposed subdivision regulations to review the traffic section, now that Ms. Bousa arrived to the meeting. 

 

Ms. Bousa reviewed the changes she proposed to the traffic section of the subdivision regulations.  There was a discussion regarding the site distance criteria.  Ms. Bousa felt the 400’ minimum for both stop distance and intersection distance would be an improvement over what was currently noted. 

 

Mr. Danevich said that CLD (Town Engineer) had made a recommendation that the applicant perform the traffic study and then have CLD review.  He said that the recommendation was in conflict with WCD where the Town wanted to hire a consultant.  Mr. Danevich felt at this time the Board received a subjected traffic study.  Mr. McNamara felt the traffic studies didn’t take in the totality of an area (i.e. Dutton Road).  Ms. Bousa described how the study was done.  Mr. Mitchell said if the applicant submitted the study, the Board would be able to review with the application along with the other studies.   

 

Mr. Danevich felt the discussion should be continued to the January work session. 

 

Mr. Lynde discussed the reports and how they were reviewed.  He felt that the future of the Town should be taken into consideration when the reports were reviewed.  Mr. Scanzani reiterated the need for an overall study of the Town. 

 

 

MINUTES REVIEW

 

November 19, 2001

 

MOTION:

(Scanzani/Lynde) To approve the minutes from the November 19, 2001 meeting as amended.

 

VOTE:

 

(7 - 0 - 0) The motion carries. 

 

December 3, 2001

 

MOTION:

(Gowan/Culbert) To approve the minutes from the December 3, 2001 meeting as written.

 

VOTE:

 

(7 - 0 - 0) The motion carries.  Mr. Gowan abstained.  Ms. Bousa voted in Mr. Gowan’s place. 

 

ADJOURNMENT

 

 A motion was made and seconded to adjourn the meeting.

 

The motion was adjourned at approximately 10:30 pm.

 

                                                                                                Respectfully submitted,

 

                                                                                                Charity A. L. Willis

                                                                                                Recording Secretary