APPROVED

 

TOWN OF PELHAM

PLANNING BOARD WORK SESSION

June 18, 2001†††

 

The Chairman, Victor Danevich called the meeting to order at 7:30 pm.

 

The Secretary, Bill Scanzani, called the roll:

 

PRESENT:

Victor Danevich, Paddy Culbert, Bill Scanzani, Jeff Gowan, Peter McNamara, Henry DeLuca, Alternate Gael Ouellette,Selectmenís Representative Hal Lynde (arrived at approximately 7:50 pm), Interim Planning Director Clay Mitchell

 

ABSENT:

 

Alternate Richard Foote

 

OLD BUSINESS

 

Arlene Drive Road Bond

 

Mr. Danevich gave a brief history of the bond.He reviewed the minutes from the February 8, 2001 Planning Board meeting, which the Board made a motion to provide the developer with 60-days to address the concerns for completion of Arlene Drive.He said a letter had been sent and not acknowledged by the developer.He informed that it had now been approximately 120 days since the Boardís ruling.

 

Mr. Mitchell noted that the bond stipulated that all the work was to be completed by August 5, 2000.He said the bond would not expire until a letter is received that states all the work is complete.He said an inspection had been received by CLD (Town Engineer) which stated there was approximately $140,000 worth of work still to be done.He said a certified letter had been sent March 22, 2001 to the person noted on the bond and performance agreement with copies to CLD, Town Administrator and the Building Inspector.He said he the letter had not been acknowledged.Mr. Mitchell said there was $221,000 remaining in the bond.He said he would have CLD review further and provide a certification from the Town of what work needs to be done.

 

Mr. Gowan asked if the work should be bid out and wanted to ensure that the amount noted for remaining work was accurate.Mr. Mitchell said he would discuss with Town Counsel if the work should be bid out.

 

Mr. Lynde arrived.

 

Mr. Scanzani made a motion to give Mr. Mitchell jurisdiction to work with Counsel to pull the correct amount from the bond for improvements.Mr. Gowan seconded.Mr. Danevich made a friendly amendment to ask Mr. Mitchell to send a memo to the Road Agent and the Board of Selectmen regarding the removal of the barn located on the site.

 

Mr. Culbert asked if the entire bond could be revoked and the unused portion returned after the work was completed.Mr. Mitchell said the bonding company wouldnít release the full amount unless they receive a certification from the Town of work to be done.

 

Mr. Scanzani added to his motion that the Town would not provide any money necessary to complete the project.Mr. Gowan amended his second.

 

 

 

 

 

MOTION:

 

(Scanzani/Gowan) To give Mr. Mitchell the jurisdiction to work with Town Counsel to pull the correct amount of money from the bond, so that the project improvements may be completed.The money necessary to complete the project is to come from the bond and will not come from the Town.

 

VOTE:

(7 - 0 - 0)

 

Corey Drive Road Bond

 

Mr. Danevich stepped down due to a conflict.Mr. Culbert came forward to act as Chairman for this discussion only.

 

PUBLIC INPUT

 

Mr. Victor Danevich, Corey Drive, informed that the letter of credit had expired.He said there were four issues: 1) culvert safety issue, 2) boundary markers, 3) road hot top, and 4) road erosion by water percolating which has created a natural spring in the cul-de-sac.He said that the culvert issue had been resolved.

 

Mr. Scanzani asked if the developer was local.Mr. Danevich answered yes.Mr. Scanzani suggested having the Planning Director seek Town Counselís advice.He felt that the Board had a legitimate action to take the developer to court based on the fact that the plan had been approved but not completed.Mr. Gowan suggested that the Planning Director send a letter to the Selectmen.Mr. Scanzani believed the Planning Board had the right to proceed.Mr. Culbert recommended that Town Counsel be involved.

 

Mr. Lynde asked if the Town had accepted the road.Mr. Danevich answered yes.

 

Mr. Mitchell reviewed the Planning Board minutes from August, 1996 and December, 1996 where the road acceptance of Corey Drive and Alexander Lane were discussed.He said he would seek Town Counselís advice on how to proceed.

 

Mr. Scanzani made a motion to allow the Planning Director to seek Town Counselís advice for legal action for completion.Mr. Gowan seconded.Mr. Culbert informed that Ms. Ouellette would vote in the absence of Mr. Danevich.

 

Mr. Lynde wanted to know what jurisdiction the Planning Board had over the road if it had been accepted by the Town.Mr. Mitchell said he would discuss with Town Counsel.Mr. Danevich said the Planning Board had jurisdiction over the disposition of the bond.

 

Mr. Scanzani would like to have the wording of the letter of credit reviewed for notification responsibility.

 

Mr. DeLuca asked if the road review process (before acceptance by the Town) included review by the Road Agent.Mr. Mitchell said that CLD reviewed.Mr. DeLuca felt that the Road Agent should be included in the review process.

 

Mr. Gowan reviewed the motion as being authorization for Mr. Mitchell to discuss with Town Counsel as to what is the best way to seek the funds and if the Board of Selectmen are to be involved, a letter should be sent to them.

 

MOTION:

(Scanzani/Gowan) Based on the non-response from the developer to re-institute a bond for Corey Drive, the Planning Director shall meet with Town Counsel to follow up on what legal action is to be taken to cover the completion of development on Corey Drive based upon the plan previously approved by the Planning Board.

 

VOTE:

(7 - 0 - 0) The motion carries.Mr. Danevich stepped down and Ms. Ouellette voted in his place.

 

Mr. Danevich returned as Chairman.He said that the road bond piece had been reviewed and the Planning Board would seek input from the Planning Director, Road Agent and CLD.

 

Mr. Lynde asked if there were any other situations of a bond nearing expiration.Mr. Mitchell answered no.He informed that all the bonds were being logged onto a spreadsheet so that when the information was transferred to Town Counsel all the red flags would be noted.

 

DISCUSSION

 

New Subdivision Regulations

 

Mr. Danevich said that certain issues had been noted and given to Mr. Mitchell to add to the draft subdivision regulations.

 

Mr. Mitchell provided the Board with copies of the proposed draft subdivision regulations.He said he had changed the format to be in a linear layout.He said the purpose of the draft was so the Board could provide recommendations.He said that he had been compiling a list of issues provided by feedback from residents, CLD (Town Engineer), Town Inspectors and the Planning Board.

 

Mr. Gowan asked if there was any wording that conflicted with current zoning.Mr. Mitchell said there was certain wording in which he responded to zoning and would point the section out when reviewing.

 

Mr. Gowan asked what the timeframe process was for the regulations.Mr. Mitchell informed that one formal public hearing was required with a newspaper notice fifteen days in advance.

 

Mr. Mitchell reviewed each of the sections of the proposed draft document.Mr. Danevich asked that the Board members provide comments to Mr. Mitchell within the next week so that he may implement the concerns in the next draft version.Mr. Mitchell noted that pages 41-52 were currently being reviewed by CLD (Town Engineer) and would be available shortly.

 

PLANNING DIRECTOR REPORT/ COMMITTEE REPORTS

 

Mr. Mitchell informed that software was being researched to help prevent problems with building permits.He said the program would integrate all information for a particular parcel, including GIS and any approval conditions.

 

Mr. Lynde asked for a copy of the plan for the Benoit subdivision so that the Selectmen could review.He said there was a question being researched with the name change for Woodlawn Drive due to the fact that the proposed was a personís name.Mr. Danevich asked that Mr. Lynde inform the Selectmen regarding the action taken by the Planning Board in connection with Arlene Drive.Mr. Lynde said he would verify that the codifying of the Town Ordinances was being processed.He then informing that the Fire Department Code Enforcement Officer was being actively searched for.He ended by informing that the BOCA codes were being researched regarding the new code enforcement officer to clarify the management structure.Mr. Scanzani discussed the various permits issued by the Town and the importance of clarifying certain departmentís responsibilities.Mr. Danevich asked that Mr. Lynde provide an update in the future regarding a replacement for Mr. Mitchell.

 

Mr. Culbert informed that the Cul-de-sac Committee would be meeting every third Thursday of each month.

 

Mr. DeLuca noted that the Municipal Building Committee was currently meeting with department heads to discuss their needs.

 

Mr. Gowan let it be known that the Master Plan survey had been distributed for comments.He said they had begun discussions regarding the financial resources chapter and would continue to discuss at the next meeting.He informed that next Wednesday (June 27, 2001) he, Mr. Danevich and another member would appear on Cable Talk to discuss the Master Plan process.

 

Mr. Scanzani noted that CIP forms had distributed with instructions to the School Board and the Town Administrator for distribution to department heads.He said that the League of Women Voters Community Profile meetings would take place January 25 and 26, 2002.

 

Mr. Danevich briefly discussed a report compiled by NH OSP.He felt it was a good statistical report for comparing surrounding Towns.

 

MINUTES REVIEW

 

May 24, 2001

 

MOTION:

(Scanzani/Lynde) To approve the minutes from the May 24, 2001 meeting as submitted.

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

Mr. McNamara thanked Ms. Robin Andrews and the other teachers and aides for preparing the children for the special Planning Board meeting held on May 24, 2001.The Board also passed on their thanks.

 

ADJOURNMENT

 

A motion was made and seconded to adjourn the meeting.

 

The motion was adjourned at approximately 9:50 pm.

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Respectfully submitted,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Charity A. L. Willis

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Recording Secretary