APPROVED

 

TOWN OF PELHAM

PLANNING BOARD MEETING

September 6, 2001   

 

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

 

The Secretary, Bill Scanzani, called the roll:

 

PRESENT:

Victor Danevich, Bill Scanzani, Jeff Gowan, Peter McNamara, Henry DeLuca, Selectmen’s Representative Hal Lynde, Alternate Gael Ouellette, Alternate Robin Bousa, Interim Planning Director Clay Mitchell

 

ABSENT:

 

Paddy Culbert

 

Mr. Danevich informed that Ms. Ouellette would vote in Mr. Culbert’s absence.

 

OLD BUSINESS

 

ML 10-352 Neil Fineman - Currier Road & Island Pond Road - Proposed 16-Lot Subdivision for Approval    and     ML 10-352 (Phase II) Neil Fineman - Currier Road & Island Pond Road - Proposed 13-Lot Subdivision for Approval

 

Mr. Peter Zohdi, Herbert Associates, presented the plan to the Board for approval.  Mr. Zohdi discussed the possibility of a four-way intersection at the corner of Currier Road and Island Pond Road.  He said during the site walk, a suggestion was made to possibly make a curve in the road at this intersection to avoid  making it resemble a highway.  Mr. Zohdi said he was not opposed to the suggestion because the number of lots would not be affected. 

 

Ms. Louise Casseres, CLD Traffic Engineer, discussed the issues from the previous Planning Board meeting and reiterated that the Currier and Island Pond Road intersection had existing deficiencies.  She reviewed the different traffic flow design possibilities and felt that a “T” intersection, which straightened out Island Pond Road, would maintain the continuity on Currier Road.  Ms. Casseres informed that the stop condition would be maintained on Island Pond Road and then spoke of other possible stop conditions that could be added.  

 

Mr. Scanzani asked if the site distance on Cara Lane and Peabody Lane had been reviewed.  Ms. Casseres said it had been and the only thing CLD recommended was to remove the large shrub where the outlet for Peabody Lane was located. 

 

Mr. Danevich asked for CLD’s assessment and where the stop signs were being proposed.  He recalled that during the site walk, Board members discussed the possibility of having a three-way stop.  He said they spoke of straightening out the Currier Road and Island Pond Road intersection as well as changing the angle of Island Pond Road.  He also wanted to know if CLD still recommended moving Cara Lane further down Island Pond Road.  Ms. Casseres said CLD would like to review the concept.  Mr. Zohdi provided a copy of a plan that included a four-way stop.  His understanding, per a telephone conversation with Ms. Casseres and Mr. Mitchell was that the presented plan (with the four-way stop) was a positive solution to wetland impacts as well as traffic.  He said the site distance would be complied with and the intersection would be clear. 

 

Mr. Gowan felt that input from Conservation and a more complete drawing should be reviewed before a decision was made.  Mr. Scanzani favored the presented plan because of the four-way stop and the interconnectivity of the roads.  He wanted CLD to re-review the four-way stop. 

 

Mr. Lynde wanted to know how traffic safety would be impacted on both Diamond Hill and Dutton Road.

 

Mr. Zohdi informed that he was running out of time and needed to know the direction of the Board.  He said he needed to apply for a dredge and fill permit and also needed to meet with Conservation.  He suggested meeting on-site and resolving then. 

 

Mr. Joe Norkiewicz, 14 Island Pond Road, felt that straightening the road and making a four-way stop was an acceptable solution.

 

Mr. Danevich asked the Board, and all concurred for a four-way stop.

 

Ms. Bousa asked if a traffic study had been done.  Ms. Casseres said they needed direction from the Board which alternative they preferred.  Ms. Bousa asked what the site distance was for Island Pond Road under the proposed condition.  Ms. Casseres said a requirement of the design would be to meet 350 feet.  She then discussed the number of vehicles that accessed the roads during the peak hours. 

 

Mr. Danevich reiterated that there was a consensus from the Board to continue the design with the four-way stop.  Mr. Scanzani asked how close the intersection of Cara Drive would be to Currier Road.  Mr. Zohdi said it was approximately 175’-180’.  Mr. Scanzani, in order to be clear, asked if Cara Drive would be within the 350’ site distance.  Mr. Zohdi answered yes. 

 

Mr. Danevich asked that cul-de-sac for phase I be discussed.  Ms. Casseres said that a 90-degree curve on Diamond Hill would benefit the traffic calming and felt that if emergency vehicles could access the back lots, the cul-de-sac would not be a problem.  Mr. Danevich asked what the uninterrupted distance was from Island Pond Road to the end of Phase I.  Mr. Zohdi said it was approximately 1300’-1400’.  Mr. Lynde objected to having the cul-de-sac due to the expense it would impose on the Town.  Mr. DeLuca also didn’t understand the need for the cul-de-sac.  Mr. Gowan suggested adding a stop sign so that the cul-de-sac would be temporary during Phase I and then remove the cul-de-sac when Phase II was implemented.  Mr. Zohdi felt that the cul-de-sac was a bonus to the Town as an added road system.  He said if the Board wanted him to change the cul-de-sac he would, because the number of lots would not change.  Mr. DeLuca wanted to know why the cul-de-sac was beneficial to the Town.  Mr. Zohdi said it added a turn-around. 

 

Mr. Danevich was concerned with the paper road and the 3000’ road with an unimpeded traffic flow within Phase II.  He felt there were other alternatives still to be reviewed. 

 

Mr. Lynde suggested that a stop could be added at the end of Diamond Hill Road. 

 

Mr. Scanzani felt there would be a problem gaining frontage for ML 3-352-5 if the cul-de-sac were taken out.  Mr. Zohdi said he would discuss with CLD and the Planning Director.  Mr. Mitchell felt there were two solutions and would present the information to the Board for a decision.  Ms. Ouellette asked if CLD had reviewed the possibility of slowing traffic by use of 15’-18’raised areas, similar to speed bumps. 

 

Mr. Danevich then discussed the connection to Diamond Hill Road and said there was a unanimous consensus at the site walk that the road design should connect through at Diamond Hill.  He asked that a design be done which included the four-way stop at Island Pond Road and Currier Road.

 

Mr. Danevich read aloud a memo dated September 3, 2001submitted by Ken St. John of 12 Island Pond Road.  The memo requested that the Planning Board ask for corrections to the drainage problems in connection with ML 10-352.  Mr. St. John asked that the corrections be made before any home building permits were issued in the proposed subdivision.  He also requested that a separate bond be held (and not released until all work is complete) in an amount that would correct the water issues on ML 7-60.  Mr. Zohdi said if CLD recommended, and a dredge and fill permit was obtained by the abutter for 200’ of concrete pipe through the wetland, that his client would pay for the pipe.  He said if any additional drainage was sent to the site post development he would apply for a dredge and fill permit. 

 

Mr. Danevich asked if the existing drainage culvert could be extended to the end of Island Pond Road.  Mr. Zohdi said he didn’t have a problem meeting with CLD and the Planning Director to discuss the drainage.  He asked if the Board would be open to ADS pipe on Island Pond Road.  Mr. Danevich said the Board would be open to the idea.  Mr. Mitchell discussed the natural water flow of Island Pond Road and felt the Board should maintain it as much as possible.  Mr. Zohdi said he would come back with a solution. 

 

Mr. Danevich confirmed with Bob Yarmo, Chairman, Conservation Commission that the wildlife corridors and WCD crossings would be addressed during their meeting with Mr. Zohdi.  Mr. Yarmo answered yes. 

 

Mr. Danevich asked that three street names be submitted to the Board of Selectmen for approval. 

 

There was a brief discussion regarding the future right-of-way to the proposed subdivision of ML 10-110,361. 

 

Mr. Danevich confirmed that there would be no shared driveways.  Mr. Zohdi answered yes. 

 

Mr. Lynde discussed the wetland crossings and believed there was no need for the crossing if the lot frontage were on the other side.  Mr. Zohdi said his client wasn’t present and reserved comment until he could have a consultation. 

 

Mr. Bob Yarmo, Chairman, Conservation Commission reviewed the issues discussed during the site walk as follows: 1) intersection at Island Pond Road and Currier; 2) wetland crossing; 3) driveways; 4) cul-de-sac; 5) possible scenic vista.  He said that Conservation would be discussing the subdivision on September 12, 2001 and would provide the Planning Board with commentary. 

 

Mr. Scanzani felt the four-way stop was a better design than the “T”.  He believed the Board should consider the future developments in the area when reviewing the road design.  Mr. Yarmo said it would be reviewed. 

 

Mr. Lynde asked if the four-way stop area would require a dredge and fill permit.  Mr. Zohdi answered no.  Mr. Zohdi understood that improving the Island Pond intersection to make it a four-way stop would not require a wetland crossing permit, but there would be a minimum of two wetland crossings required for Cara Lane.  He said the third wetland crossing needed would be for the driveways.  He said the proposed plan showed the minimum crossings. 

 

PUBLIC INPUT

 

Mr. Tony Luciano, 24 Diamond Hill Road asked if Diamond Hill Road would be cut to connect to Susan Road.  Mr. Danevich said it hadn’t been decided.  Mr. Luciano asked why it was being considered to cut through.  Mr. Gowan explained that the Fire Chief had requested connecting roads throughout the Town for safety purposes.  Mr. Luciano felt that if Diamond Hill would turn into a speedway if it were cut through, even if a stop was added.  He asked that traffic be reviewed for safety.  Mr. Scanzani discussed cul-de-sacs and suggested that when people are looking to purchase a house on a cul-de-sac, they should review the area around the parcel for future cut throughs.  Mr. Luciano asked if vegetation could be added to the Diamond Hill area.  Mr. Zohdi said he would present landscaping for review.

 

Mr. Ken St. John, 12 Island Pond Road, pointed out his observations/concerns as follows: 1) wetland mapping should show the wetlands extending across the front of his property; 2) water runoff should be noted from Island Pond Road across Currier Road; 3) line of site due to the brush along Island Pond Road and who would maintain; 4) impact on wetlands by moving Cara Lane; 5) water runoff on the slope from Phase II to Phase I.  Mr. Danevich said the drainage concerns would be reviewed in CLD’s report.  He said the road would be maintained by the Highway Department.  Mr. Zohdi said if there was a problem with the brush, they would grant the Town an easement for maintenance of site distance.  Mr. St. John asked if there were any underground drainage pipes on Island Pond Road (similar to Diamond Hill) to divert focus water.  Mr. Scanzani said it would be reviewed in the drainage study.  Mr. St. John asked where the focus water would go for the possible subdivision across the street from the proposed subdivision.  Mr. Zohdi said there were no current plans for a subdivision across the street.  He then said that whatever the water drainage was during pre-development it would need to be the same at post-development.  Mr. St. John ended by saying he was concerned with the fact that there were three 15” pipes being added under Cara Lane that would be connecting to a single 12” pipe. 

 

Mr. Gowan said that before he voted on the plan he would like to see a letter from the Town Safety Committee addressing the four-way stop as well as the connection to Diamond Hill Road.  He said if they had an opinion regarding the driveway crossings he would also like to see their comments. 

 

ML 10-10-2 Ronald & Lauren Smith, Richard & Kathleen Romeo - Dutton Road - Proposed 2-Lot Subdivision for Approval

 

Mr. Danevich circulated ten photographs amongst the Board members that had been taken of the area during the site walk. 

 

Mr. Ronald Smith, partial owner of 118 Dutton Road, apologized for the fact that the engineer was not present.  He informed that the Planning Department had received the Fire Chief’s response.  He said the information being presented reflected the information submitted to the Chief.  Mr. Smith said the Chief recommended that a 5000 gallon cistern be added for the benefit of Dutton Road, not just for the parcel.  Another of the Chief’s concerns was to have a turn-around area.

 

Mr. Danevich read aloud a memo to the Planning Board, from the Fire Chief, dated September 6, 2001.  The memo stated that the department was satisfied that emergency personnel and vehicles would have access to the proposed buildings and their occupants.  The department does, however, require a 5000 gallon minimum cistern be installed per NFPA guidelines at the entrance of the driveway. 

 

Mr. Gowan wanted to ensure that the final plans include a building envelope.  Mr. Smith said it would be added.  Mr. Gowan wanted Conservation to review and provide an opinion if any change was made based on construction to the wetland area. 

 

Mr. Danevich informed that the Planning Board would not move ahead with the plan until Conservation had a chance to review. 

 

Mr. Smith asked if the Board wanted an environmental impact study.  Mr. Bob Yarmo, Chairman, Conservation Commission didn’t believe that the property was sensitive enough to require having the study done. 

 

There was a consensus from the Board to not require an environmental impact study.  The Board did, however, want the building envelope added to the plan. 

 

PUBLIC INPUT

 

An abutter asked the Board had they had received a memo in their packs regarding the pond.  Mr. Danevich answered no.  He asked that the abutter provide an additional copy for Conservation and Mr. Smith prior to their meeting. 

 

Mr. Danevich informed that the next public hearing for this project would be date specified to the first meeting in October (October 1, 2001).

 

ML 9-9 The Louis Fineman Family Trust, Myrtis & Neil Fineman, Pamela M. - Simpson Mill Road - Proposed 9-Lot Subdivision for Approval

 

Mr. Danevich informed that twelve photographs, which were taken at the site walk, were being submitted for the file. 

 

Mr. Peter Zohdi, Herbert Associates, presented the plan to the Board for approval.  It was his belief that the project was virtually completed.  Mr. Zohdi discussed the ground water management.  He said it would be up to the Board to install either individual wells or a community well.  He said they preferred individual wells.  Mr. Zohdi then discussed the adjacent prime wetland, which Dr. Richardson would be reviewing, if Conservation so desired. 

 

Mr. Scanzani asked when the last water had been pulled from the monitor wells for testing.  Mr. Zohdi was unsure.  Mr. Danevich said that Patricia Nyman of 51 Simpson Mill Road had provided (at the site walk) detailed documentation of a ground water permit (from 1984) for submission.  He noted that Ms. Nyman informed that there had been two outages of water from the community well on the far side of the land fill. Mr. Danevich relayed the information Ms. Nyman had given regarding the reason the community well was dug on the far side of the land fill was due to the water drainage going toward Golden Brook.  Ms. Nyman wanted to know if there would be any void of water if any wells were dug on the South side.  Mr. Zohdi said he had tried called BFI, but the contact person was on vacation.  He said per his conversation with Pennichuck, the water shortage was due to irrigation, not the drinking water.  He said if the Board wanted the community well, it would be checked every 3-6 months, but if individual wells were installed, they would not be tested after the initial test. 

 

Mr. Danevich continued with Ms. Nyman’s comments/questions.  She wanted to know what the history with the previous attempt to subdivide.  Mr. Zohdi didn’t believe that there had been an attempt to subdivide the land within the past twenty years.  Mr. Scanzani believed there was an attempt in the early 80’s.  He briefly discussed his recollection of the meeting and suggested reviewing the minutes from that meeting.  Mr. Zohdi’s recollection was that there was a note placed on the plan stating there had been an issue with the water.  Mr. Lynde spoke of concerns with excellerating possible contaminants through ground water.  He was also told that there may be cars and other items buried under the ground.  Mr. Danevich spoke of core samples that had recently been done and confirmed that if samples needed to be done, Mr. Zohdi would be agreeable to having the tests done. 

 

Mr. Bob Yarmo, Chairman, Conservation Commission felt that the subdivision was a good candidate for open space development that would provide for recreational land.  Mr. Zohdi explained that Mr. Neil Fineman, the owner of the previously discussed proposed subdivision did not own the parcel, but that another family member owned it.  He said he could speak with his client regarding lot 9-9 (19 acres) to be possibly deeded to the Town.  He said he was seeking direction and would like to have final approval.  He ended by asking for a time limit for Dr. Richardson’s (NH Wetland Bureau) comments. 

 

Mr. Scanzani believed that the Board still needed direction/recommendation from the state.  Mr. Danevich said he would be speaking with Mr. Mitchell regarding involving DES. 

 

Mr. Danevich read further from Ms. Nyman’s list of questions in which she wanted to know who would be responsible if water ran from the land fill across the street and community water went bad.  Ms. Nyman’s final question was regarding pulling water and the creation of a void. 

 

Mr. Danevich told Mr. Zohdi the Board would want to review the ruling regarding the proximately/ adjacency issue to wetlands.  Mr. Dave Brouillet, CLD recommended that both the Waste Management Bureau and the Water Quality Bureau (NHDES) were contacted as part of their scope of investigation.  Mr. Zohdi felt that was acceptable. 

 

Mr. Scanzani asked if Town water could be an option.  Mr. Zohdi described the length the water would need to travel.  He will discuss with CLD to be included in the engineering. 

 

Mr. Danevich summarized the plan as follows: 1) Mr. Zohdi will discuss with CLD the possibility of Town water as well as discussing issues for Waste Management and the Water Quality Bureau; 2) Conservation will handle the proximately/ adjacency issue to be reviewed by Dr. Richardson and submitted to the Planning Board within 30-days; 3) research prior Planning Board actions.

 

There was no public input. 

 

Mr. Zohdi requested the project be placed on the next available agenda.  Mr. Danevich informed that the next pubic hearing for this project would be date specified to the first meeting in October (October 1, 2001).

 

ML 12-41&43 Stonepost Village LLC - Spring Street Extension - Proposed 21-Lot Subdivision for Approval

 

Mr. Danevich informed that this project was a continuation from the last Board meeting. 

 

Mr. Tobin Farwell, Coucco & Cormier and Mr. Phil Perkins, Hearthstone Realty Corp. presented the plan to the Board for approval.  Mr. Farwell began the discussion by informing they had yet to hear from Mr. Mitchell as to whether he had a chance to meet with the Selectmen regarding possible future extensions.  Mr. Lynde said he would speak with Mr. Jim Pitts, Town Administrator to have the plans reviewed by the Selectmen. 

 

Mr. Danevich explained why the Selectmen would review the plan.  He said for future long-term planning it was in the best interest of the Town to possibly grant access through a Town owned parcel.  He said in exchange for granting the easement, the Town would receive a conservation easement. 

 

Mr. Perkins showed an alternative plan for the subdivision if the easement was not granted. 

 

Mr. Danevich scheduled the parcel for a site walk September 15, 2001.  He also invited the Selectmen to attend.

 

Mr. Danevich reviewed Mr. Mitchell’s notes/concerns.  Mr. Scanzani confirmed for the Board that the environmental impact and economic impact had been received as well as the drainage calculations and a waiver request for length of cul-de-sac.  There was a brief discussion to clarify if the cul-de-sac waiver had previously been accepted. 

 

Mr. Danevich asked for a review of the environmental study.  Mr. Jim Gove, Gove Environmental asked that he have time to prepare notes for the Board’s review.  The review of the environmental study was deferred to the next hearing of the project. 

 

Mr. Danevich asked if the presenters had a chance to meet with the Fire Chief.  Mr. Farwell and Mr. Perkins answered no, and said they would.  Mr. Gowan asked that the Safety Committee also be asked for comment. 

 

PUBLIC INPUT

 

Mr. Ray Brunelle, 3 Matthew Drive, pointed out his location and discussed the topographics of the location.  His concern was the wetland at the end of Matthew Drive, and the flow of water that would possibly affect his property.  Mr. Farwell said there would be a catch basin and treatment swale in the area to help the water flow.  He noted that those plans would be discussed during Phase II.  Mr. Danevich informed that the abutters would be notified when Phase II was before the Board. 

 

Mr. Danevich informed that Conservation and the Selectmen would review the plans as well as having a site walk.  He also said that the Safety Committee would be notified. Mr. Danevich informed that the next pubic hearing for this project would be date specified to the first meeting in October (October 1, 2001). 

 

Mr. Scanzani left the room. 

 

NEW BUSINESS

 

ML 10-310 Arthur Cerullo - RT 38 (East side, North of Coburn Rd.) - Site Plan Review for proposed retail store

 

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

 

Mr. Danevich informed that Mr. Mitchell had noted the plan submission was complete for acceptance.

 

MOTION:

 

(Gowan/McNamara) To accept the plan for consideration.

 

VOTE:

(6 - 0 - 0) The motion carries.  Mr. Scanzani had left the room at the time of the vote.

 

Mr. Scanzani returned.

 

Mr. Peter Zohdi, Herbert Associates, presented the plan to the Board.  He said they were proposing a 19,000 square foot, two-floor building with a full basement.  It was his belief that they only needed 64 parking spaces even though the regulations require 150 spaces (which Mr. Zohdi believed to by a typo).  He said if the Board required the 150 spaces his client would need to apply for a dredge and fill permit.  He said the parking area would be in the front of the building.  Mr. Zohdi said a portion of the parking would be divided for drainage control.  He referenced the building plans in which a loading dock was proposed.  He informed that there were two buildings on the site that would be removed.  He said the buildings were located in the WCD.  He told the Board that the Fire Department would be contacted to ask how they preferred the buildings to be removed.  Mr. Zohdi also noted that a leaching area was included on the plan.  He then informed that a traffic study had previously been done. 

 

Mr. Danevich noted first that the parking space requirement provided in the regulations was not a typo.  He agreed with the 150 parking space provision.  Mr. Gowan didn’t feel that the parking should be behind the proposed building.  Mr. Danevich said he would entertain a request for a waiver. 

 

Mr. Scanzani wanted to know if Conservation would be reviewing the plan because of the acreage and because there were wetlands.

 

Mr. Gowan recalled a past plan for dry goods in which there had been a discussion regarding what uses could or could not take place at the facility.  He asked that the parking lot lighting be similar to that at Chunky’s Cinema.  He also wanted to ensure that there was a limitation to the hours of operation. 

 

Mr. Scanzani felt that the landscaping design should be reviewed so that it matched what was currently being done on Route 38. 

 

Mr. Danevich went through his checklist and noted that Mr. Zohdi had included all the information on the plans submitted. 

 

Mr. Gowan asked if the business architectural design as provided for by NRPC had been considered.  Mr. Zohdi said they had reviewed all aspects with the owner and the architect, which is how the design came about.  He noted that the building would be one-story, for one tenant who would be selling dry good merchandise including plants.  Mr. Gowan asked that Mr. Zohdi refer to the NRPC document and consider again, the possibility of changing the parking.  Mr. Zohdi said he would.

 

Mr. Scanzani asked if the square footage included the basement area.  He also wanted to know how the basement space would be used.  Mr. Zohdi said the square footage did not include the basement and it would be used for storage or such.  Mr. Scanzani asked about the existing buildings and confirmed that they would be removed.  Mr. Zohdi said he would correct the note on the plan to specify that the existing buildings would be completely removed once the proposed building was completed.

 

There was no public input. 

 

Mr. Danevich said the plan would be submitted to CLD.  He also said the plan should be presented to Conservation.  He confirmed that a hand written waiver request for parking spaces had been accepted, and would be typed in accordance with the regulations.  He ended by saying that the applicant would still need state DOT and septic approval.  Mr. Dave Brouillet asked if the Board also wanted comments in connection with the architectural package.  Mr. Zohdi did not object.

 

Mr. Zohdi asked that the Board act on the parking space waiver request.  Mr. Scanzani read the waiver request aloud.  The request was to lower the 150 parking space requirement to 64. 

 

MOTION:

 

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

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Danevich informed that the next pubic hearing for this project would be date specified to the first meeting in October (October 1, 2001). 

 

Mr. Lynde said he would have trouble ruling to lower the parking spaces until it was known what type of business would be conducted.  Mr. Zohdi said he would discuss further at the next hearing. 

 

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

 

Mr. Danevich noted that the application had previously been denied. 

 

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

 

Mr. Danevich began by addressing Mr. Mitchell’s concerns: 1) no WSPCC subdivision approval date or number; 2) license number of CLD engineer or surveyor do not appear on the plat; 3) no scale given on locus map; 4) the plat does show any water courses, ponds, sanding, water rock ledges, proposed or existing foliage lines that preserve open space; 5) plat makes no reference to the 100-year flood zone;

6) applicant has yet to provide evidence that Campbell Road is not a Town road; 7) a topographical plan has been provided; 8) still concern over construction ability due to the slope of the lot; 9) shape of the northern lot.

 

Mr. John Yule, Maynard & Paquette, reviewed Mr. Mitchell’s concerns: 1) & 2) noted on newest copy of plan; 3) one will be provided; 4) no water courses or open water - the lot is essentially wooded and the necessary area will be cleared to put the house in; 5) information provided as part of the application during the first meeting -  Mr. Mitchell had requested that it was a separate attachment - none of the parcel is within the 100-year flood zone; 6) Attorney Paul DeCarolis handed out information with reference to the road to the Board.  He informed that the property was before the Zoning Board in February and a Variance had been granted for the frontage requirements.  He presented the Board with a brief history of the parcel.  He said the first 1000’ had been accepted and maintained by the Town in 1979 and the remaining portion of the road is private and noted as such on signs.  Attorney DeCarolis then discussed how roads become public roads in which he referenced the Town’s zoning. 

 

There was a motion made to accept the plan for consideration.  Mr. Scanzani said in the past there was a vote to review all roads previously accepted, in which the Town voted to not accept Campbell Road.  He was not aware that the Town had ever accepted the first 1000’.  Mr. Scanzani then referenced and read a portion of RSA 674-35.  He felt that further research should be done.  Mr. Danevich agreed and said that once the plan was accepted for consideration research would be done as part of due diligence. 

 

MOTION:

 

(Gowan/DeLuca) To accept the plan for consideration.

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Yule said there was a waiver request for the $1000 application fee which should be included in the file. 

 

MOTION:

 

(Gowan/McNamara) To accept, for consideration, the waiver request to waive the $1000 application fee.

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

PUBLIC INPUT

 

Elizabeth, an abutter, said her property was downhill from the parcel being discussed and she was concerned with the septic and wanted to ensure that her property would not suffer any negative impacts.  Mr. Danevich said her concern was noted and CLD would review. 

 

Mr. Yule said there were several hundred feet between any proposed septic and their property line.  He didn’t anticipate or see any drainage across the wetlands that would come from any septic system that was in excess of 200’-250’.   

 

Mr. Danevich said that CLD would review the plans.  He confirmed that the plans would be updated to include the concerns of Mr. Mitchell listed above.  There was a brief discussion  regarding the acceptance by the Town of Campbell Road.  Mr. Lynde confirmed that in the past, at the time the Planning Board made the recommendation for acceptance, there had not been a subsequent Town meeting to accept the road.  Mr. Yule pointed out the Town owned the portion of the road, and it was not a right-of-way.  Mr. Scanzani said at the time the Town was voting, Campbell Road had been specifically taken out.  Mr. Lynde wanted to know if the Town had a deed, and voted to accept it, if the road would then be a class 6 road.  Attorney DeCarolis said the Zoning Ordinance indicated that any public right-of-way used for lot purposes, in which Campbell Road had been used as such.  Mr. Danevich said that as part of Mr. Mitchell’s package, it would be researched.  Mr. Gowan suggested discussing with Town Counsel for any liability issues. 

 

Mr. Scanzani asked if the right-of-way was a full 50’.  Attorney DeCarolis answered no and believed that it was 25’ wide.  Mr. Scanzani informed that it would not meet the 50’ requirement, nor would it have met the old requirement, prior to zoning, two rod road. 

 

Mr. Danevich informed that the next pubic hearing for this project would be date specified to the first meeting in October (October 1, 2001). 

 

Mr. Yule wanted it noted that they had not appeared at the July 2, 2001 meeting, but the minutes contained instructions for Mr. Mitchell to contact the applicant.  He said that the only contact made was when he called Mr. Mitchell.  He also said that they had not received any direction from the Board.  Mr. Yule informed that they had submitted a request for continuation of the August meeting, which apparently was not received by Mr. Mitchell, which then lead to the denial of the plan.  He felt that he and his client were then at a severe disadvantage.  Mr. Scanzani said the note instructing that the agenda item for August 6, 2001 be removed was found in a different folder, which he then placed in the correct file. 

 

Mr. Yule informed that he included HISS mapping as well as a larger scale topographical map of the site.  He said the HISS map showed B and C slopes and none of the slopes exceeded 15%.

 

Mr. Lynde asked if the 70’x42’ home was a single family, one story dwelling.  Mr. Yule answered yes. 

 

Mr. Danevich said the plan would be sent to CLD and the comments would be discussed at the next meeting.  He reiterated that the plan was date specified for October 1, 2001.

 

ML 8-10&15 Walter & Patricia Kosik - Kosik Terrace/Webster Avenue - Proposed Lot Line Adjustment

 

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

 

Mr. Danevich began with Mr. Mitchell’s comments.  He said that Mr. Mitchell had no issues with the application and recommended acceptance for consideration.

 

MOTION:

 

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

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Peter Zohdi, Herbert Associates, presented the plan to the Board.  He began by explaining that his client currently owned three lots and would like the lot line changed.  He said they would not be adding additional lots.  He said they’re trying to equalize the lots.  

 

Mr. Scanzani felt there should be a note that an approval of the plan would not obligate the Board to make any future subdivision approvals based upon what changes were made. 

 

Mr. Gowan confirmed that the plan did not include any land exchanges and the applicant singularly owned the parcel.  Mr. Zohdi answered yes. 

 

PUBLIC INPUT

 

Mr. John Burns, 290 Gage Hill Road, wanted to know if the applicant’s engineering company surveyed the back of his lot and cut trees.  Mr. Zohdi said he would need to speak with his crew chief.  Mr. Burns said there was a lot (an old rail bed) in between his lot and the proposed and didn’t feel that people should be on his property.  Mr. Danevich asked that Mr. Zohdi research.  Mr. Zohdi said if it were his crew, they would go the next day and remove the markings and clean up the area. 

 

Mr. Eric Helgemoe, 4 Hobbs Road, said that notification of the hearing did not fall within the time specified in the RSA 675:7.  He said that the letter specified two parcels and not the three being presented.  He also believed the plan was a subdivision, not a lot line change per RSA 672:14.  He then read the definition of subdivision from the RSA and explained why he felt the plan was not a simple lot line change.  He also noted that it was unknown where the septic, wetlands or well radius were.  Mr. Zohdi disagreed with Mr. Helgemoe regarding the interpretation of the RSA and suggested seeking Town Counsel’s advice.  Mr. Zohdi said the information for the existing home was contained in the file. 

 

Mr. Gowan believed that clarification should be discussed with the Planning Department regarding notification.  He felt the Board should seek Town Counsel’s advice regarding the subdivision issue. 

 

Mr. DeLuca confirmed that if the lot created a future subdivision, the applicant would need to return to the Board.  Mr. Helgemoe reviewed again why he felt the plan was not a lot line change, but instead a subdivision. 

 

Mr. Danevich said that he would ask Mr. Mitchell to research and resolve the notification issue as well as respond to the other two issues, which may need Town Counsel’s review. 

 

Mr. DeLuca asked if a note could be added that the applicant was giving the lots to his children.  Mr. Danevich answered no and said it needed to remain nameless and faceless. 

 

Mr. Danevich informed that the next pubic hearing for this project would be date specified to the first meeting in October (October 1, 2001). 

 

Mr. Zohdi questioned who would be responsible for payment of an additional notification, if needed.  Mr. Danevich said it would be researched first. 

 

Mr. Helgemoe said the last hearing for this application was also cancelled due to late notification and found it odd that notification for this meeting was also late. 

 

ML 8-136 MAHELP Housing Limited Partnership c/o Housing Initiatives of NE Corp. - 25 Windham Road - Pelham Terrace - Site Plan Review for proposed addition of 24 units

 

Mr. Scanzani read the list of abutters aloud.  There were no persons present who did not have their name read.  He noted that there were no return receipts from the certified mailing in the file.  Mr. Danevich said they might still be in the Planning office.

 

Mr. Danevich began with Mr. Mitchell’s comments.  He said that Mr. Mitchell had no issues with the application and recommended acceptance for consideration.

 

MOTION:

 

(Gowan/DeLuca) To accept the plan for consideration.

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Peter Zohdi, Herbert Associates, presented the plan to the Board.  He began by reviewing each page of the plan.  He said they would be changing two of the buildings and adding new leach beds.  He said they had been before the Board of Adjustment for the number of units, and were granted a variance to have a total of 48 units.  He discussed the parking area.  He said that they had the required elevation drawing, a landscape schedule, boundary plan, topography, wetland classification and test beds had been dug.  Mr. Zohdi said currently the applicant was looking to connect to municipal water and the wells would only be used for irrigation.  He said they were anxious to get the water line in. 

 

Mr. Gowan felt there was a lot to consider and would prefer to defer discussion to a later date. 

 

Mr. Danevich strongly recommended and gave permission to Mr. Zohdi to have a discussion with the Fire Chief. 

 

Mr. Scanzani asked if the proposed buildings would have sprinklers.  Mr. Zohdi answered yes.  Mr. Scanzani asked if the existing buildings had sprinklers.  Mr. Zohdi answered no.  Mr. Danevich felt the Fire Chief would discuss. 

 

Mr. Danevich said CLD, Mr. Mitchell and the Fire Chief would further review the plan. 

 

PUBLIC INPUT

 

Mr. John Burns, 290 Gage Hill Road, wanted to know if the building would have an elevator.  Mr. Zohdi answered yes. 

 

Ms. Cynthia Taylor, President of the Corporation thanked the Board for reviewing the presentation.  She said the Fire Chief was familiar with the plan and looked forward to discussing with him further. 

 

Mr. Lynde would like to review a copy of the deed for restrictions because there had been a lot of concern regarding the development of the lot.  Mr. Gowan was concerned regarding the size of the building and felt there would be a lot of future discussions. 

 

Ms. Taylor said they were trying to target a population that would be better housed under one roof and that was the reason for the two-story building.  Mr. Gowan asked if there was a way to have the building back further from the road. 

 

Mr. Danevich noted that there would be a site walk on Saturday, September 15, 2001.

 

Mr. Scanzani, as a future discussion point said that the Seniors, as part of the CIP had requested a new senior center.  Mr. Danevich made a note.

 

ML 6-185 - Robin Road LLC - Honey Lane/Noella Avenue - Proposed 2-Lot Subdivision for Consideration

 

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

 

Mr. Danevich began with Mr. Mitchell’s comments.  He said that Mr. Mitchell had no issues with the application and recommended acceptance for consideration.

 

MOTION:

 

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

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Peter Zohdi, Herbert Associates, presented the plan to the Board.  He began by saying they had requested that the scale of the plan be changed from 1”=50’ to 1”=100’.  Mr. Scanzani did not have a copy in the file.  Mr. Zohdi submitted a handwritten request, which would be typed later. 

 

MOTION:

 

(Gowan/Scanzani) To accept the waiver request to change the scale. 

 

VOTE:

(7 - 0 - 0) The motion carries. 

 

Mr. Zohdi said there were approximately 8-9acres of land and the applicant would like to subdivide into two lots.  He said both lots complied with site specific.  He informed that Mr. Jim Gove, Gove Environmental flagged the soils.  He said since the plan had been submitted, there was now a foundation for a home.  Mr. Lynde confirmed that there was a building permit for the lot.  Mr. Zohdi asked his client and answered yes. 

Mr. Lynde asked where the leach field would be.  Mr. Zohdi said the leach field would go in front of the house.  He said the leach field was designed for the lot and approved by Mr. Paul Zarnowski, Town Health Officer and NH DES. 

 

Mr. Danevich said the plan would need to be reviewed by Conservation due to the water concerns in the area.  Mr. Scanzani informed that ML6-193 had water concerns and wanted to know once they were fixed, how they would impact ML6-185.  Mr. Zohdi said that Mr. Mitchell and Mr. Dave Brouillet (CLD) had discussed the problems with the original owner and how they would need to correct the problems.

 

Mr. Danevich read aloud a letter dated August 10, 2001 that was addressed to Mr. Mitchell regarding Mahoney subdivision (100 Woods).  The letter stated that the drainage, which runs under Honey Lane between ML 6-183 and ML 6-185, had not been corrected.  It noted that it had been one year since the Planning Board members, Planning Director, Road Agent and Town Manager had been notified of the problems.  The letter went on to explain the problems that were occurring.  The letter requested the following: 1) fill be brought in to redirect the natural flow of the surface water to the drain pipe running under Honey Lane; 2) have Road Agent drop off the fill and Mr. Fraize would level himself; 3) put pipe in front of the natural flow of water before the final coat of hot top is put down, however fill would still be needed because of the crater effect;

 

Mr. Tim Fraize, 6-8 Noella Road said he had been told by the previous Planning Director that the swale on Robin Road would be extended, but it not been done to date.  Mr. Zohdi said he had gone to the site with Mr. Mitchell and Mr. Brouillet and also believed there was a letter written, but he had nothing more to say. 

 

Mr. Scanzani was concerned with the wetland crossing at the time that Honey Lane was built.  He said the land was built up to build Honey Lane and regardless of the slope of Mr. Fraize’s property, water was staying on one side of the road.  He said the natural flow of water had been impeded to get to the conservation district on the lower land.  Mr. Brouillet clarified and said there had been an existing culvert.  He believed the road didn’t vastly impact the water flow.  He felt the problem lied with the developer not taking action to make corrections.  Mr. Brouillet suggested that Mr. Mitchell contact the developer and give a 30-day period to make corrections.  He said if the corrections weren’t made, either the bond, or a portion thereof should be pulled to hire someone to handle improvements. 

 

Mr. Lynde wanted to know how the existing footing could be in such close proximately to the tree line and silt fencing without having any impact.  Mr. Zohdi reviewed and explained that silt fencing was always put in place around construction areas. 

 

PUBLIC INPUT

 

Mr. Tim Fraize, 6-8 Noella Road asked when the applicant received the letter.  Mr. Zohdi was unsure, but said he had met with Mr. Mitchell and Mr. Brouillet a couple weeks ago.  He believed that the Town was to issue a letter and follow up regarding any actions. 

 

Mr. Danevich said the plan would be sent to CLD for review.  He also asked that Conservation reviewed.

 

ML 10-110, 361 V & G Development - Dutton Road - Proposed 30-Lot Subdivision for Consideration

 

Postponed until September 17, 2001.

 

MINUTES REVIEW

 

Deferred to the next meeting. 

 

SITE WALK

 

September 15, 2001

 

ML 12-41&43 Stonepost Village LLC - Spring Street Extension - Proposed 21-Lot Subdivision

 

ML 8-136 MAHELP Housing Limited Partnership c/o Housing Initiatives of NE Corp. - 25 Windham Road - Pelham Terrace - Site Plan Review for proposed addition of 24 units

 

DATE SPECIFICATION

 

September 17, 2001

 

ML 10-110, 361 V & G Development - Dutton Road - Proposed 30-Lot Subdivision for Consideration

 

October 1, 2001

 

ML 10-10-2 Ronald & Lauren Smith, Richard & Kathleen Romeo - Dutton Road - Proposed 2-Lot Subdivision for Approval

 

ML 9-9 The Louis Fineman Family Trust, Myrtis & Neil Fineman, Pamela M. - Simpson Mill Road - Proposed 9-Lot Subdivision for Approval

 

ML 12-41&43 Stonepost Village LLC - Spring Street Extension - Proposed 21-Lot Subdivision for Approval

 

ML 10-310 Arthur Cerullo - RT 38 (East side, North of Coburn Rd.) - Site Plan Review for proposed retail store

 

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

 

ML 8-10&15 Walter & Patricia Kosik - Kosik Terrace/Webster Avenue - Proposed Lot Line Adjustment

 

 

ADJOURNMENT

 

 A motion was made and seconded to adjourn the meeting.

 

The motion was adjourned at approximately 12:50am.

 

                                                                                                Respectfully submitted,

 

                                                                                                Charity A. L. Willis

                                                                                                Recording Secretary