APPROVED

 

TOWN OF PELHAM

PLANNING BOARD MEETING

June 4, 2001   

 

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

 

The acting Secretary, Jeff Gowan, called the roll:

 

PRESENT:

Victor Danevich, Paddy Culbert, Bill Scanzani (arrived at approximately 8:25pm), Jeff Gowan, Peter McNamara, Henry DeLuca, Alternate Gael Ouellette,  Selectmen’s Representative Hal Lynde (arrived at approximately 7:50 pm), Interim Planning Director Clay Mitchell

 

ABSENT:

 

Alternate Richard Foote

 

Mr. Danevich noted that Ms. Ouellette would vote for Mr. Scanzani until he arrived.

 

OLD BUSINESS

 

ML 4-180-14 Rolling Stone Development - Benoit Avenue - Proposed 8-Lot Subdivision for Approval

 

Mr. Peter Zohdi, Herbert Associates presented the plan to the Board for approval.  He said at the last meeting there was a concern with the last lot on the cul-de-sac.  He informed they had since reviewed the site with Dr. Richardson of the New Hampshire Wetlands Bureau as well as Mr. Bob Yarmo, Chairman of the Conservation Commission to help settle the adjacency to wetland issue.  He said during the meeting they had decided to combine the lot with the adjacent lot.  He also informed that the Dr. Richardson didn’t like the proposed layout of the treatment suel, and said it should be laid out as on the original plan to not affect the prime wetland.  Mr. Zohdi said that the Town would be deeded 18-20 acres.  He said the plan complied with both the zoning and the subdivision regulations.  He ended by saying they were only requesting a waiver for the cul-de-sac length. 

 

Mr. Bob Yarmo, Chairman, Conservation Commission discussed his recollection of the meeting with Dr. Richardson.  He said that Dr. Richardson felt the wetland was too valuable to the Town to have a house in the specified location.  He informed that Dr. Richardson determined there was an adjacency issue and a public hearing would be required if the house lot was to be put forth.  Mr. Yarmo said the adjacency issue would be dropped if the house lot was.  He said there was also a brief discussion to possibly pull the cul-de-sac back, which Mr. Zohdi said he would review.  Mr. Yarmo said there was also an issue with the drainage study which, if moved Conservation wanted to ensure that it wouldn’t dry up any other wet areas.  He ended by referencing Conservation’s letter of May 5, 2001. 

 

Mr. Danevich confirmed that Dr. Richardson was not in favor of the last lot on the cul-de-sac.  Mr. Yarmo answered yes. 

 

Mr. Zohdi said that the treatment suel had been eliminated.   He then showed how the drainage would occur using catch basins.  He said he had received a verbal okay from CLD and felt that all were in agreement. 

 

Mr. Danevich said that Conservation had requested hay bails and silt fencing along with WCD signs in 50’ intervals. 

 

Mr. Mitchell suggested the following conditions if the Board was ready to approve:  1) natural drainage flows, 2) Fire Department review (which has occurred and they had no problems), 3) driveway installation, 4) in-field changes, and 5) changes in water services. 

 

Mr. Lynde arrived. 

 

Mr. Zohdi informed that his client had sent a letter via certified mail to the Maguire family informing they would remove the stumps. 

 

Mr. Danevich noted the following issues: 1) temporary cul-de-sac would need to be removed, 2) stump dump on the property to be removed, 3) safety concerns of unfinished work (not finished to grade and large boulders left on site) on ML 4-180-14 (debris behind the swingset).  Mr. Zohdi said the Board could require a bond for cleaning subject to the owner of parcel 12 agreeing to have the area cleaned out.  Mr. Danevich was concerned with the time frame for completing the work.  Mr. Zohdi suggested giving the developer eight months.  He said his client was interested in completing the road this summer.  He requested that Mr. Mitchell and CLD go to the site and agree on what work should be done. 

 

Mr. DeLuca asked if there was a problem working with the owners of lot 12.  Mr. Zohdi said his client had sent a letter via certified mail, but had yet to receive a response.  He said discussed the history of the plan and what the previous owner had said they would do.  He said the current owner would take out the portion of the cul-de-sac and would loom and seed the area and bring the existing driveway to the road. 

 

Ms. Ouellette asked if pulling the cul-de-sac back (as discussed by Mr. Yarmo) had been further reviewed to bring the treatment swell back from WCD.  Mr. Zohdi said the treatment swell didn’t go back into the WCD.  He said his client would like to have the subdivision approved and noted that there was an extra 80’-90’ of extra frontage. 

 

PUBLIC INPUT

 

Mr. Yarmo asked if approval could be contingent upon Dr. Richardson’s comments.  Mr. Danevich said the Board could incorporate the comments, but would give a time limit for response. 

 

Mr. Bill McChesney, CLD said that after  Mr. Dave Brouillet (CLD) had reviewed the revised plans, he  provided a letter dated April 27, 2001which in summary said that the plan substantially met the requirements of the subdivision regulations.  He said Mr. Brouillet has suggested that all the work at the old cul-de-sac and all drainage be addressed before any work proceeds.  Mr. McChesney submitted Mr. Brouillet’s letter to the Board. 

 

Mr. Danevich thanked Mr. Zohdi for the donation of land to the Town.  He then reviewed the issues discussed: 1) waiver for extending the cul-de-sac; 2) Mr. Mitchell’s issues (,natural drainage flows, Fire Department review (which has occurred and they had no problems), driveway installation, in-field changes, changes in water services);  3) erosion control (noted by CLD and Conservation);  4) WCD signs in 50’ intervals; 5) completion of drainage study (post and changes in the field); 6) agreement with lot 12 (Maguire family) and the client, that is satisfactory with CLD and Mr. Mitchell with the following terms: estimate to CLD for completion of safety concern of boulders, stump dump removal and back fill for driveway when the cul-de-sac is removed which would require a cash bond; 7) no building permits for houses within the subdivision will be issued until the final bond of restoration for lot 12 was complete; 8) favorable comments received from Dr. Richardson within 30-days; 9) pull cul-de-sac back, which could be a field change to shorten. 

 

Mr. Danevich reviewed the stipulations of approval for Mr. Maguire who arrived during the time Mr. Danevich was reviewing the conditions.  He noted that there would be three stipulations: 1) correct safety hazard at swingset; 2) probing and possible excavation of stump dump; 3) after cul-de-sac removal the road would be restored to it’s natural state (including seeding and loam and repairing driveway); and 4) building permits would not be issued until work complete.  Mr. Maguire said the conditions were exactly what he was requesting. 

 

Mr. Lynde wanted to ensure that the houses would be placed on the roadside.  Mr. Mitchell said to cross the wetlands they would need a conditional use permit as well as a dredge and fill from the state. 

 

Mr. Culbert made a motion to approve the cul-de-sac waiver request.  Mr. McNamara seconded.  He asked what the length of the cul-de-sac was and wanted to know if it would be permanent.  Mr. Zohdi said it would be over 3000’ and permanent.  He said they were only lengthening the cul-de-sac approximately 800’ from the previously approved length. 

 

MOTION:

 

(Culbert/McNamara) To approve the waiver for length of cul-de-sac.

VOTE:

(7 - 0 - 0)

 

Mr. Danevich noted the following conditions for approval: 1) Mr. Mitchell’s recommendations: natural drainage flows, driveway installation, site drainage and in-field changes, changes in water service; 2) erosion control and stabilization in place prior to major construction; 3) WCD signs at 50’ intervals; 4) drainage study complete (as proposed by CLD); 5) conditions for ML 4-180-12 (Maguire property at 13 Benoit Avenue): agreement with the abutter to be satisfactory with the Planning Director and CLD, and if it does not come to fruition, the plan would need to return to the Board for resolution, resolution by CLD for post driveway repair, safety area behind swingset (rocks falling), stump dump exploration and possible excavation, separate cash bond (for the ML 4-180-12 conditions) stipulated by CLD to be approved by the satisfaction by the Planning Director, no building permits to be issued prior to final bond release of the ML 4-180-12 conditions; 6) Dr. Richardson’s favorable response within 30-days.  

 

Mr. Gowan confirmed that a favorable letter had been received by the Safety Committee.  Mr. Danevich answered yes.  Mr. Gowan also wanted to note if no response received by Dr. Richardson within the 30-days that the verbal input would be acceptable. 

 

Mr. Scanzani arrived.

 

Mr. McChesney suggested a time limit for unfinished work to be completed.  Mr. Zohdi was in agreement to removing boulders and stump dump within 30-days but felt that the driveway restoration could not be restored until the cul-de-sac was built.  He asked for a season extension for driveway restoration.  Mr. Mitchell believed the cash bond was sufficient coverage.  There was a brief discussion regarding the language of the bonds and how they have been revised to now automatically expire. 

 

Mr. Danevich revised his list of approval conditions for #5, ML 4-180-12 issues as follows: no building permits will be issued until the stump dump and safety area is cleaned up, and those areas shall be cleaned within 30-days.  He also noted that no certificates of occupancy would be issued until the driveway restoration had been completed. 

 

MOTION:

(Culbert/McNamara) To approve the plan subject to the following:

1) Mr. Mitchell’s recommendations: natural drainage flows, driveway installation, site drainage and in-field changes, changes in water service;

2) erosion control and stabilization in place prior to major construction;

3) WCD signs at 50’ intervals;

4) drainage study complete (as proposed by CLD);

5) conditions for ML 4-180-12 (Maguire property at 13 Benoit Avenue): agreement with the abutter to be satisfactory with the Planning Director and CLD, and if it does not come to fruition, the plan would need to return to the Board for resolution; resolution by CLD for post driveway repair - no certificates of occupancy to be issued until work completed; 30-day completion for cleaning up safety area behind swingset (rocks falling) and  stump dump exploration and possible excavation which no building permits will be issued until work complete and will have a separate cash bond (for the ML 4-180-12 conditions) to be stipulated by CLD and approved to the satisfaction of the Planning Director, no building permits to be issued prior to final bond release of the ML 4-180-12 conditions;

6) Dr. Richardson’s favorable response within 30-days;

7) road construction bond to be re-worded by Mr. Mitchell so it would default to Town.

 

VOTE:

(6 - 0 - 1) The motion carries.  Mr. Scanzani abstained.

 

NEW BUSINESS 

 

ML 4-139 Normandy R. E. Holding Co. LLC - 45 Valley Hill Road - Proposed 4-Lot Subdivision for Consideration

 

Mr. Scanzani read the list of abutters aloud.  There were no persons present whom did not have their name read.

 

Mr. Peter Zohdi, Herbert Associates presented the plan to the Board for consideration.  He explained the proposed was a 4-lot subdivision.  He explained the location was between the Valley Hill and Mountain Orchard subdivisions.  He said they had left an area for future road connections.  He informed that the plan complied with both zoning and subdivision regulations.  He said they would put a driveway easement for lot 7 on lot 8 so that the WCD would not be affected. 

 

Mr. Danevich asked if there were a way to re-configure the middle lot so the driveway wouldn’t cross into an abutting parcel.  Mr. Zohdi explained the road connections and said the middle lot had been drawn up so that there could be an additional connection to Valley Hill Road.  He said if the Board didn’t want the connection he could easily re-configure.  Mr. Scanzani said there had been past problems with shared driveways.  Mr. Zohdi said he would revise the driveway and frontage. 

 

Mr. Culbert asked how close the two road connections would be.  Mr. Zohdi said they would be approximately 400’ - 500’ apart.  He felt if the plan for the entire area were reviewed it would give the Board a better feel for the proposed. 

 

Mr. Danevich was concerned with accepting because all three lots would change.  There was a brief discussion regarding the flexibility of the time clock.  Mr. Mitchell felt the Board had flexibility with the 65-day clock and said the Board could accept the plan, and if an extension was needed, they could request from the Board of Selectmen.  Mr. Danevich said the issues were to configure lots according to the road and a different layout of the driveway. 

 

Mr. Lynde said he would like to see the entire plan to view the future approach.  Mr. Scanzani agreed and said that locus maps on new subdivision should show the area around the subdivisions with the proposed roads.  He felt that a GIS should be created. 

 

There was no public input.

 

MOTION:

(Culbert/Scanzani) To accept the plan for consideration.

 

VOTE:

 

(7 - 0 - 0) The motion carries

 

Mr. Danevich informed the Board would perform a site walk on June 9, 2001. 

 

 

 

 

ML 8-112, 113-114 Bessiere and Clark - 15 Main Street and 21 Main Street - Lot Line Adjustment between Lots 8-112 and 8-114

 

Mr. Scanzani read the list of abutters aloud.  There were no persons present whom did not have their name read.

 

Mr. Peter Zohdi, Herbert Associates presented the plan to the Board for consideration.  He said the plan was for a lot line change where 1,625 square feet would be transferred from ML 8-112 to ML 8-114.  He explained that the lot line change was so that the driveway for ML 8-114 would be contained on their own land. 

 

Mr. Gowan asked if the lot line change would create any non-conforming lots.  Mr. Zohdi answered no. 

 

Mr. Mitchell didn’t see any impediments to approving the plan.

 

PUBLIC INPUT

 

Mr. Phil Currier representing  Mr. and Mrs. Clark asked that the plan be accepted for consideration and approved this evening.

 

Mr. Bob Yarmo, Chairman, Conservation Commission asked if the greenhouses on ML 8-113 & 114 would be split.  Mr. Currier answered no.

 

MOTION:

(Scanzani/Culbert) To accept the plan for consideration.

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

MOTION:

(Culbert/Scanzani) To approve the plan.

 

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

ML 11-96, 97-1, 97-2 Fehmel and Dallaire - Campbell Road - Proposed 1-Lot Subdivision for Consideration

 

Mr. Scanzani read the list of abutters aloud.  There were no persons present whom did not have their name read.

 

Mr. John Yule, Maynard & Paquette, presented the plan to the Board for consideration.  He explained that they were proposing an additional building lot for Mr. Erik Fehmel behind his parent’s house.  He said they had received a variance from the Board of Adjustment for 30’ of frontage on Campbell Drive.  He said there would be a series of lot line changes to give access to the back lot. 

 

Mr. Culbert asked if Campbell was a Town accepted road.  Mr. Yule said it was a Town improved road and therefore accepted by the Town.  Mr. Culbert commented that the road might be Town improved, but that didn’t make it a Town accepted road.  Mr. Yule explained that the Town owned the first 25’ of the road and the remaining 25’ was an access easement to the back parcel.   Mr. Culbert asked if all four lots would be changed.  Mr. Yule described the boundary changes.  Mr. Culbert asked if all the lots would be at least one acre.  Mr. Yule answered yes.  Mr. Danevich read the stipulations of the variance granted by the Board of Adjustment as follows: 1) contingent upon land swap; 2) copy of certified recorded deed; 3) follow current zoning as of February 12, 2001 would apply; 4) letter of release from the owners of ML 97-2.  Mr. Yule said he had the signatures of ML 97-2 in the file and on the application. 

 

Mr. Scanzani said there was a waiver request from high intensity soil requirements and noted the justification provided.  He noted that they had an approved WSPCC on file.  Mr. Culbert didn’t recall the Board ever granting a waiver from the soil requirements. 

 

PUBLIC INPUT

 

Mr. John Jackson, 14 Campbell Road spoke of the recent building off Dutton Road and said his lot was now deemed as valueless by real estate agents.  He discussed the drainage and runoff, which was affecting his lot. 

 

There was a brief discussion regarding the road and what portion the Town owned.  Mr. Yule provided a copy from the Selectmen dated June 4, 1997, which okayed paving expenditure monies.  He also noted that in the 1997 Town Report Highway funds were used to repair and pave a series of streets, which Campbell was included.  Mr. Yule also provided a copy of a deed from Robert and Charlotte Wormald from 1979, which deeded the portion of Campbell Road to the Town. 

 

Ms. Frances Fehmel, 5 Campbell Road, informed that when the land was bought, she and her husband deeded 1000’ to the Town, which is why the Town paved the portion road.  She said the road association paved the remaining road.

 

Mr. Werner Fehmel, 5 Campbell Road, said the Town graveled and paved the road.  He explained the area and what portion the town has accepted. 

 

Mr. DeLuca confirmed that the road was 25’ wide and 1000’ long.  Mr. Fehmel answered yes. 

 

Mr. Mitchell discussed the elevations and felt that an HIS map should be prepared (per Section 12:b,5,a of the zoning regulations) due to the steep slope contour dropping 20’.  He didn’t feel that the waiver request was reasonable based on the slopes.  Mr. Danevich asked if the lot size calculation would be affected due to the slope.  Mr. Mitchell didn’t feel the Board could adequately access compliance with the zoning until HIS map was done and calculations were laid out in accordance with regulations.  Mr. Yule felt there was enough useful area and said it could be numerated. 

 

MOTION:

(Scanzani/Culbert) To accept the waiver for consideration.

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

 

MOTION:

(Scanzani/Culbert) To deny the waiver request based on steep slope and the size of the lot may be in question.

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

 

Mr. Danevich said the HIS map would need to be completed and they would need to provide the lot size calculations.  Mr. Scanzani also requested that the well radiuses be noted.

 

MOTION:

(Scanzani/Culbert) To accept the plan for consideration.

 

VOTE:

 

(7 - 0 - 0) The motion carries. 

 

Mr. Danevich said the HIS map needed to be completed as well as the lot size calculations.  He said that Mr. Mitchell would review and verify the history of the road.  He said that he and Mr. Gowan would do an un-official site walk and asked that the other Board members drive by.

 

 

 

ADMINISTRATIVE

 

Street Name - Woodlawn Circle - Charles Cormier

 

Mr. Danevich said that the Fire Chief made a name change to Woodlawn Circle and the street to the left, which would now be Sarah Lane.  He asked that Mr. Lynde bring the new name to the Board of Selectmen for approval. 

 

Bond Release - Lois Ives - Bonding for Property Bounds ML-2-127

 

Mr. Mitchell said the bond had been accepted and everything was now in place.  He requested that the bond now be completely released.

 

MOTION:

(Gowan/Scanzani) Grant authorization to Mr. Mitchell to release the bond.

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

Agenda item for next Planning Board Work Session

 

Mr. Mitchell asked that a discussion item regarding bridges across wetlands versus culverts be added to the next Work Session agenda.  He said that Mr. Don Foss was also interested in the Board’s views. 

 

There was a discussion regarding the bridge being constructed at Longview.  Mr. Mitchell said there was concern from residents on Longview that their street was going to be used as the main construction road.  He said they had been informed at the time the subdivision was approved that Longview wouldn’t be used as such.  Mr. Zohdi explained what construction was being performed and explained that access was needed to complete the project.  He said a 15’ pathway would be sufficient.  Mr. Danevich suggested sending the abutters a letter to let them know what was being constructed.

 

Mr. McNamara stepped down from the Board and spoke as an abutter.  He informed that during the time that the Board discussed the subdivision, there was a representation made that Longview would not be used as the main construction road based on safety concerns.  He said that there were large trucks driving through last week. 

 

Mr. Lynde felt it was worthwhile to review bridge life and suggested setting up a sub-committee.  Mr. Bob Yarmo, Chairman, Conservation Commission said that Conservation had not been provided with information on bridges and felt it was a difficult subject to weigh the advantages.

 

Mr. Scanzani began to make a motion and provided possible wording for a memo to be distributed to the abutters.  Mr. Chris Graham the developer constructing the bridge said he would develop a memo and sent to Mr. Mitchell for distribution to the abutters.  Mr. Mitchell said he would add a cover letter. 

 

Mr. Mitchell said there was no need to add a discussion to the next Work Session agenda.

 

Subdivision Regulations Posting for June 18th Hearing

 

Mr. Mitchell said he would be ready to post the section of the regulations for review and public hearing on June 18, 2001.

 

 

 

 

 

 

MINUTES REVIEW

 

May 7, 2001

 

MOTION:

(Culbert/Scanzani) To accept the minutes from the May 7, 2001 meeting as amended.

 

VOTE:

 

(6 - 0 - 1) The motion carries.  Mr. Gowan abstained.

 

May 21, 2001

 

MOTION:

(Scanzani/McNamara) To accept the minutes from the May 21, 2001 meeting as written.

 

VOTE:

 

(5 - 0 - 2) The motion carries.  Mr. Gowan and Mr. DeLuca abstained.

 

COMMENTS

 

Mr. Scanzani asked that the following be added to the next Work Session: 1) road names and time of naming; 2) procedure for issuing building and occupancy permits.

 

There was a brief discussion regarding peddlers licenses and whose jurisdiction they were.  Mr. Mitchell said that per RSA 42 the responsibility falls upon the Board of Selectmen and the Police Department.  He said he was drafting a memo to be sent to Mr. Jim Pitts, Town Administrator.

 

Mr. Scanzani noted that the community profile was scheduled to be done on January 25 or 26, 2002. 

 

SITE WALK(S)    - June 9, 2001

 

ML 4-139 Normandy R.E. Holding Co. LLC - 45 Valley Hill Road - 4-Lot Subdivision

 

ADJOURNMENT

 

 A motion was made and seconded to adjourn the meeting.

 

The motion was adjourned at approximately 10:15 pm.

 

                                                                                                Respectfully submitted,

 

                                                                                                Charity A. L. Willis

                                                                                                Recording Secretary