TOWN OF PELHAM
September 17, 2001
The Chairman, Victor Danevich called the meeting to order at approximately 7:42 p.m.
The Secretary, Bill Scanzani, called the roll:
PRESENT: Victor Danevich, Bill Scanzani, Peter McNamara, Henry DeLuca, Alternate
Gael Ouellette, Peter McNamara, Alternate Robin Bousa, Jeff Gowan,
Interim Planning Director Clay Mitchell.
ABSENT: Hal Lynde, Paddy Culbert
Map 10 Lot 110, 361 V&G Development-Dutton Road-Proposed 30 Lot Subdivision for Submission
Mr. Scanzani read the list of abutters aloud.
Dennis Sawyer, 58 Dutton Road is an abutter and was not notified. Evan Hagland, 57 Dutton Road was not notified. Mr. Deluca said the notification for Dennis Sawyer was sent to the wrong address. Mr. Scanzani said the notification was sent to 26 Gloria Avenue, Dracut, Ma.
Mr. Mitchell said Mr. Sawyer was adamant that the Board not proceed with the application tonight. Mr. Sawyer did not have a chance to review the plan. Mr. Scanzani said he shows no documentation that the notification was received or not. He said the letter was not sent back.
Mr. Danevich said the Board would not be hearing the case. Mr. Danevich said every abutter would be renotified in accordance with the State Law for a tentative date of October 1, 2001.
Mr. Scanzani described the Capital Improvements Program. The CIP will be available at the Planning Department for review.
Mr. Danevich thanked the following members of the CIP Committee:
The Chairman, Robert Bean; the Vice Chairman, Bill Scanzani; Board of Selectmen Representative, Gregory Farris; Budget Committee Representative, Doug Fyfe; School Board Representative, Mary Barsamian-Daigle; Resident, Larry Hall; Resident, Larry Major; Resident, Howard Mastropier; Resident, Sandy Pelletier.
Mr. Danevich offered a Special Thanks to the following for attending every or almost all of the CIP meetings:
Robert Bean, Bill Scanzani, Doug Fyfe, Mary Barsamian-Daigle and Larry Hall.
Mr. Danevich said he would send a memo to all the Boards to tentatively set up a meeting for November 29, 2001. He asked Mr. Gowan to forward a copy to the Master Plan members before the next Master Plan meeting. Mr. Danevich requested an electronic version for both Microsoft Word and Excel files from Mr. Scanzani. Mr. Danevich would also like the CIP posted on the Web.
Gael Ouellette will be voting in Mr. Culbert’s absence.
MOTION: (Gowan/DeLuca) To accept the 2002-2008 Capital Improvements Plan as amended to correct the spelling of names on the first page.
VOTE: (6-0-0) The motion carries. Hal Lynde being absent.
Mr. Danevich said Mr. Mitchell has been working with CLD and the Developer on the drainage issues on this parcel. Mr. Mitchell said there are other issues on this subdivision. He said he did a site walk with the developer today and went over the punch list from Dave Brouillet of CLD. He said everything has to be done by October 15, 2001. Mr. Mitchell asked that this discussion be postponed until the next Planning Work Session, which is October 15.
Mr. Scanzani asked to see the punch list from CLD. He said the culvert that runs on Mr. Fraize’s property need to be cleaned out. Mr. Mitchell said it was on the punch list. Mr. Scanzani said that there needs to be some drainage. Mr. Mitchell said the Board does not have the authority to force the Developer on private property to do work. He said there is definitely some joint work here that has to take place. Mr. Scanzani asked if the culvert was the right height that the Planning Board approved. Mr. Mitchell said yes. Mr. Scanzani said that it needs to be cleaned out because it is plugged on both sides. Mr. Mitchell said it was recognized today that it needed to be cleaned out. Mr. Scanzani said 15’ in front of the culvert there is a stump that needs to be removed.
Mr. Danevich concluded that this subject would be postponed tentatively to the October 15, 2001 Agenda under Administrative action.
Mr. Danevich stated that he wanted to make it “very clear” that there will be no changes on any RSA’s or doing anything different. He said he would like to have a public discussion with all the Board members so that they understand the Abutter Notification process and to possibly change an administrative procedure being done in the Planning Department. He said Mr. Mitchell has researched how other Towns handle the abutter notification process. He said it is the developer’s responsibility to develop the list, fill out the form and type out the notification letters.
Mr. Mitchell said his needs were being placed second because the administrative staff had to get the abutter list out before a certain time. He said the State Law says the application is filed by the applicant and that application should include all the names and addresses of the abutters.
Mr. Scanzani asked how the applicant gets the abutter list. Mr. Mitchell said they have access to the tax computer in the Planning Department. Mr. Mitchell said it is based on tax records. Mr. Scanzani asked why the applicant is not responsible for sending the notifications out. Mr. Mitchell said the statute says the town must send out the notices.
Mr. Danevich reviewed the process of the abutter notification as follows: 1) the abutter list has to be pulled five days before the filing of the application; 2) it is the applicant’s responsibility to generate the list by using the computer in the Planning Department; 3) it is the applicant’s responsibility to give the Planning Board the labels used to fill out the Post Office certified mail forms; 4) it is the applicant’s responsibility to bring the list to the Planning Department; 5) the Planning Department will put the abutter notification in an envelope and bring it to the Post Office for mailing and put the stamped receipts in the folder. Mr. Danevich asked if this was also the procedure for the Board of Adjustments. Mr. Mitchell said this is specific to the Planning Board.
Mr. Scanzani asked if the notice had to be postmarked 10 days prior to the meeting. Mr. Mitchell said if the meeting is on the 20th, the notice shall be mailed out on the 10th.
Mr. Mitchell said if the applicant gets the information in on time, the Planning Department would be able to meet the 10-day notification. Mr. Scanzani said they have a responsibility to the abutters to give them enough notification so that they can plan their schedule in order to attend the meeting. He thinks it should be done with 11 days notification.
Mr. Danevich said the abutter notification process should not cost the town money.
Mr. Mitchell said if he does not get the abutter list and the labels when the developer drops off the application, the plan is not filed.
Mr. DeLuca asked what constitutes an abutter. Mr. Mitchell said according to State statute, anyone that abuts the property and according to the subdivision regulations, it is anyone within 200’ of the property.
Mr. Mitchell said that every Engineering firm that works with the town will receive a fax this week that has the new abutter forum.
MOTION: (Scanzani/Gowan) 1) To reaffirm the procedure with Mr. Mitchell; 2) To provide direction to Mr. Mitchell to publish and adopt a procedure to forward to all Developers, Engineers, etc.; 3) To have the town listed as an interested party on all future applications.
VOTE: (6-0-0) The motion carries.
7:30 – 8:00 pm. Chief Haglund
8:00 – 8:30 pm. Roland Soucy
Possible bond revocation for Irene Drive and drainage issue. Mr. Danevich said he would be working with Mr. Mitchell and CLD to provide a final inspection report to Board. He suggested to the Board that they should take a drive down there and review it for themselves. Mr. Danevich said he would be working with Mr. Mitchell to normalize the Agenda. He would like to stay within the 10:00 pm timeframe. Mr. Danevich said they are very limited with Mondays from now until the New Year. He tentatively scheduled a meeting for November 25, 2001.
The Board reviewed a memo from Mr. Scanzani and Mr. Danevich regarding subdivision regulations. Mr. Mitchell said he was looking for a consensus from the Board so that he can go ahead and draft the language. Mr. Mitchell said he was only going over the items he had questions on. He said the other items were going to be incorporated because they make a lot of sense.
1) Streetlights. He asked if the Board wanted streetlights. Mr. Danevich said they were not required in the past. Mr. Scanzani said once the streetlights are installed, it becomes part of the town’s electric budget. Mr. Danevich said it should be on a case by case basis. Mr. Danevich said that if a resident wants a streetlight in front of their home, they should call PSNH.
2) Septic Systems not allowed in the 500-year flood plains. Mr. Mitchell said they do not have a map for the 500-year flood plains. He thinks it should be changed to 100-year flood plains.
3) Referenced #23 to allow flown topographical maps. Mr. Mitchell said his assumption is that the Board does not want to allow these. Mr. Gowan asked if technology has changed or does he feel it is unreasonable for the Board not to allow flown topographical maps. Mr. Mitchell said he has never seen a town have this issue. Mr. Danevich said it was OK to submit but not as a substitute.
4) Soil Mapping. Mr. Mitchell said the Board would be using the information from the site-specific soil mapping to determine where the building envelope is going to be. He said the Engineers will not be determining the slope, the soils will be determining the slope.
5) Driveways. Mr. Mitchell said the Board has the authority to dictate the location of the driveway. Mr. Mitchell asked if Board wanted to be regulating the location of driveways at the subdivision stage. Mr. Gowan said the Board should based on what they have been seeing. Mr. Danevich said they should when it concerns WCD Crossings and when it is near a major intersection. Mr. Scanzani said the only issue he has with the driveways is the safety issue. Mr. Danevich said they should address the length issue.
Mr. Mitchell said he would put all the changes into one document for the Board for the October 15th meeting.
Mr. Scanzani said the CIP is a subcommittee of the Planning Board and they do not have a Recording Secretary. He said the CIP members feel they should add to the Planning Board budget a sub-budget for the CIP. Mr. Danevich asked Mr. Mitchell to include a Recording Secretary for the Master Plan, CIP and site walks. Mr. Scanzani asked about cable. Mr. Danevich said it was covered by Jim.
Mr. Gowan said the Board is committed to wrapping this up and getting back on track with their regular meetings. He said at the next meeting they will be devising an exact process to calculate the results of the Surveys that are being sent out.
Mr. McNamara said the Cul-de-Sac Committee has not met for a while. He said they are waiting for responses from CLD.
Mr. Scanzani said the CIP interviewed both companies that submitted bids to do the work. He said they chose Breadloaf out of Vermont. He said the Board of Selectmen would be meeting on September 18, and hopefully they will be choosing who the Municipal Committee has recommended.
A motion was made and seconded to adjourn the meeting.
The meeting was adjourned at approximately 10:10 pm.