APPROVED

 

TOWN OF PELHAM

PLANNING BOARD MEETING

July 1, 2002   

 

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 (left the meeting before it adjourned), Bill Scanzani, Peter McNamara, Henry DeLuca, Gael Ouellette, Alternate Robin Bousa, Alternate Raymond Brunelle, Alternate Bob Yarmo, Selectmen’s Representative Hal Lynde (arrived after the meeting had been called to order), Community Development Director Dave Brouillet

 

ABSENT:

 

None.

 

DISCUSSION

 

Map 11 Lot 93 - Dutton Road - Proposed Elderly Housing for preliminary conceptual review

 

Mr. Peter Zohdi, Herbert Associates presented the conceptual 27-unit elderly housing site plan for review.  He said the parcel was between Dutton Road and Smith Road (a private road).  He pointed out the WCD and wetland areas that would need to be crossed.  He was proposing that each building would be served by its own septic system.  Mr. Zohdi said that there was a cul-de-sac at the end of the driveway and did not propose access through to Smith Road, since it was a private road.  He said the total area of the site was 10.24 acres, with five or six being high and dry.  He informed that his client had purchased a house on an abutting parcel that would be used as a clubhouse for the elderly units. 

 

Mr. Scanzani wanted to know what length the driveway would be.  Mr. Zohdi said it would be approximately 1400ft - 1500ft. 

 

Mr. McNamara wanted to know the length of the wetland and WCD crossings.  Mr. Zohdi said the wetland crossing would be approximately 50ft x 24ft and the three WCD crossings would be approximately 200ft, 100ft and 130ft.  Mr. DeLuca wanted to know if a bridge were being proposed.  Mr. Zohdi said they would be adding a culvert. 

 

Mr. Danevich said the stub ending at building number 1 appeared to be insufficient for fire apparatus to turn around.  He said with other housing in Town, the Fire Chief had insisted upon driving access on three sides of the buildings.  He anticipated that the Fire Chief would have the same concern with this proposal.  Mr. Danevich asked if there would be a deed restriction.  Mr. Zohdi said the plan would be in accordance with the regulations and no waiver or variance would be requested.  Mr. Danevich asked what the distance was from the parking area to buildings two and three.  Mr. Zohdi said the average was approximately 50ft. - 75ft.  He said the design could be changed to have the parking in front of the units.  He said that when the plan was back before the Board, it would contain the lighting, landscaping, etc. 

 

Mr. Culbert preferred to have the parking in front of the units.  He asked what types of wetlands were on the parcel.  Mr. Zohdi said the wetland was not shown on the prime wetland map.  He said that the wetland was isolated and flagged.  Mr. Culbert believed that an additional access would be needed and wanted efforts to work with Smith Drive. 

 

Mr. McNamara asked if the buildings were one-story units.  Mr. Zohdi said they were one-story, with a provision for a loft.  Mr. McNamara wanted to know if the units would be condominiums, rentals or ownership units.  Mr. Zohdi believed the units would be rentals. 

 

Mr. Lynde arrived.

 

Mr. Brouillet asked if each of the units would be one elevation for the finished floor, or tiered.  Mr. Zohdi said that the topography was not gentle, and the slope of the driveway would need to be designed.  He said if the slope of the driveway was less than 2%, he could have the buildings at the same level. 

 

Mr. Scanzani discussed the possibility of changing the driveway pattern at building three.  Mr. Danevich discussed changing the way buildings were facing to provide a visual break up.  Mr. Scanzani warned that the soil may be difficult in the area and said that the drainage would be important.  Mr. Zohdi said the Health Agent had not dug any test pits yet. 

 

PUBLIC INPUT

 

Mr. Maurice Picard, South Shore Drive said that Smith Road was private and it was not possible to connect through. 

 

Ms. Julia Steed Mawson, South Shore Drive was concerned with the wetland crossing because of the sensitive nature of Little Island Pond.  She believed the amount of water to be used by the property should be a consideration.  She asked what the elevation change would be.  Mr. Zohdi said it would be approximately 40ft. (170ft. - 210ft.). 

 

Mr. Dave Hennessey, 71 Dutton Road said according to zoning, the plan would need to show viable open space useful and beneficial to the residents of the complex.  He then discussed the site requirements under zoning and believed that it needed clarification regarding the parcel containing wetlands.  Mr. Danevich said the portion of zoning in question could be sent to legal for clarification.  Mr. Zohdi discussed his understanding of the zoning requirements.  Mr. Danevich said that the site requirements under zoning would be sent to legal for comment. 

 

Ms. Ruth Gravel, South Shore Drive asked how many units would be placed on the land.  Mr. Zohdi said at the present time he was proposing 27 units on the ten acres.  He said he might be losing some units based on the direction of the Board regarding a change in the parking.  Ms. Gravel asked if the building was non-profit.  Mr. Zohdi said it was not a non-profit building. 

 

Mr. Steve Morin, South Shore Drive asked if there was a need for elderly housing.  Mr. Danevich said there was absolutely a need in Town for elderly housing. 

 

Mr. Paul Picard, South Shore Drive asked what the square footage would be for the individual units.  Mr. Zohdi said that the living area would be 24ftx36ft.  and the total would be 1400ft-1500ft including the garage.  Mr. Picard asked if the proposed was a cluster development.  Mr. Danevich said it was not. 

 

Ms. Steed Mawson discussed the issue of pedestrian and bike access on Dutton Road.  She wanted to know if there was thought given to how planning could be made for walking/bicycle access along Dutton Road.  Mr. Danevich noted Ms. Steed Mawson’s concern.

 

Mr. Danevich reviewed the points of discussion as follows: 1) Fire Chief comments; 2) deed restriction sample document; 3) lighting plan; 4) architectural view of typical units both front and back; 5) parking to minimized the walking distance between the units; 6) possibly work with residents to improve Smith Road, 1400ft up to a Town road access (including plowing); 7) drainage and concerns with Little Island Pond; 8) driveway entrance and possible traffic calming in the center (building 3). 

 

Mr. Culbert was concerned with the amount of elderly units coming onto Dutton Road.  He believed there would be a need for off-site improvements to fix a potential problem.  Mr. Zohdi said he would like to have a traffic analysis done and wanted to know if it would okay to work with Mr. Brouillet.  Mr. Danevich said that the Board could not impose the issue, but said it was okay if he worked with Mr. Brouillet.

 

Mr. Lynde said that when the Town adopted the elderly housing, the concept was small single bedroom units.  He felt the plan stretched the concept and wondered if the proposed was actually a commercial venture.  Mr. Danevich noted that the plan would contain deed restrictions just as Pelham Terrace and the development proposed for behind Rite Aid.   

 

OLD BUSINESS

 

Map 12 Lot 44 Phase II - Hart, Jordan & White - Shephard Road/Mulberry Lane - Proposed 28-Lot Subdivision for continued consideration

 

Mr. Peter Zohdi, Herbert Associates presented the plan to the Board.  He said that part of this subdivision was to tie together the Harris, DHB and Stonepost subdivisions.  He said he met with Mr. Brouillet and Mr. Sommers and presented three road profiles.  Mr. Zohdi preferred the plan being presented and noted that they would not be going through a wetland.  He said they were requesting 10%-12% road grade.  He informed that Gove Environmental had been hired to do a wetland classification by Spring Street.  Mr. Zohdi pointed out the area that would be deeded to the Town and the areas that would be noted as no cut.

He went on to point out the differences between the proposals.  He noted that all the test beds had been re-opened for the Health Agent.  He said that NHDES had also dug test beds, which were all on the record. 

 

Mr. Lynde felt that there should be a connecting road before the plan could be approved, because it exceeded the cul-de-sac length requirement.  Mr. Danevich said that in the past, the Board had requested a bond and stipulated construction sequencing, which would include the road connection going in prior to the building permits being issued.  Mr. Zohdi said he had spoken to Mr. Brouillet, who shared the same concern.  He said if the plan was approved, the three developers would post the bond for the section of connecting road.  He said a restriction could be placed on the number of building permits until the connection was complete.  Mr. Lynde said he wouldn’t allow any building permits until the road was connected because the number of houses exceeded the amount for a single access point.  He also noted that there was a need for traffic calming through the Harris parcel.  There was a brief discussion regarding the traffic flow.  Mr. Zohdi said that an area wide traffic study had been done and submitted to Mr. Clay Mitchell (former Interim Planning Director). 

 

Mr. Scanzani wanted to know if the cul-de-sac contained enough area to retain a greenspace and have vehicles use two sides.  Mr. Zohdi said that a green area could be added and the flow changed to calm traffic.  The Board members agreed with the proposal.  Mr. Culbert wanted to know what the slope percent was at the cul-de-sac.  Mr. Zohdi believed it was 10%.  Mr. Culbert wanted to know if it could be flattened out.  Mr. Lynde said the Selectmen expressed some concern with the road design.  Mr. Zohdi said a plan could be presented to Mr. Brouillet for review by Town Counsel.  Mr. Brouillet suggested that the proposed condition of approval should address when building permits, occupancy permits and bond releases could be issued.  In his opinion, no building permits should be issued until the final connection was made (up to the base coat).  He said that all slopes should be stabilized (i.e. established grass, erosion control matting).  Mr. Zohdi said that approval stipulations could be added to address Mr. Brouillet’s concerns. 

 

Mr. McNamara asked if CLD (Town Engineer) had signed off on the latest proposal.  Mr. Brouillet said that he had reviewed the issues contained in Mr. Tom Sommer’s (CLD) previous letter with Mr. Zohdi, but a final letter had not yet been received.  He recommended that the final letter be received before final approval. 

 

There was a brief discussion regarding the road grading and the road design.  In Ms. Bousa’s opinion, the proposed road design made sense. 

 

Mr. DeLuca asked if the Town would maintain the greenspace.  Mr. Scanzani said it could be paved or have trees added to diminish costs for maintaining. 

 

Mr. Yarmo asked when the plan was done if the conservation areas would be chopped up.  Mr. Zohdi reviewed the abutting parcels and showed where the Town owned land and conservation land was located.  Mr. Yarmo asked if there was a way to connect the conservation land with a walking easement.  Mr. Zohdi said he would revise his plan and add a 20ft. public walking easement. 

 

PUBLIC INPUT

 

Mr. Fred Pultar, Little Island Park asked if the cul-de-sac would deprive him of access to his property.  Mr. Zohdi said he left a right-of-way.   

 

Mr. Danevich reviewed the remaining concerns: 1) four-way stop sign; 2) of the three alternatives, the Board preferred number one; 3) the traffic calming cul-de-sac will include a greenspace; 4) written waiver be requested for the road 12% grade (from 10%); 5) review bond - building permit (fire suppression to be in place, stabilization on slopes and no waiver requests), occupancy permit (same restrictions as building permit) and bond release (no bond will be released until the base coat requirement is complete, along will the slope stabilization, fire suppression); 6) written letter from Mr. Harris regarding ML 12-42-1; 7) final CLD review; 8) the three subdivisions (Mulberry Estates Phase II, Stonepost Phase II and the yet unnamed Mr. Harris parcel ML 12-42-1) share the bonding considerations for the Town owned segment of the road; 9) resubmit three road names (in place of Samuel) to Staff and Selectmen for approval; 10) construction sequencing to be worked out with Mr. Brouillet who will bring it before the Board for final approval; 11) 20ft. conservation easement be added to lot 4.

 

Mr. Danevich said the Board recognized the public safety concerns of the parcels being developed, and the life safety criticality concerns that had been expressed, and that it would be premature to develop without the road connection. 

 

Mr. Lynde was concerned with the 12% slope and asked if there was some way to curve and moderate the slope.  Mr. Danevich said the application had not yet come before the Board and believed the opportunity was still there.  There was a consensus of the Board for the preference of alternative one. 

 

MOTION:

(Culbert/Scanzani) To accept, for consideration, the road waiver from 10% to 12% for Samuel Road (extension of Samuel Road located off Shephard, on the Harris property).

 

VOTE:

(7 - 0 - 0)  The motion carries. 

 

MOTION:

(Culbert/Scanzani) To approve the road waiver from 10% to 12% for Samuel Road (extension of Samuel Road, located off Shephard, on the Harris property).

 

VOTE:

(6 - 1 - 0)  The motion carries.  Mr. Lynde voted no.

 

Mr. Lynde understood that the only waiver necessary against the subdivision regulations was the issue of a slope on Samuel Road, off-site from Mulberry - Phase II.  He wanted to confirm that everything else complied with the subdivision regulations.  Mr. Danevich said everything complied except for the road name.

 

MOTION:

(Culbert/Scanzani) To approve the plan per the points addressed by Mr. Danevich as follows: 1) four-way stop sign; 2) of the three road design alternatives, the Board preferred number one; 3) the traffic calming cul-de-sac will include a greenspace; 4) written waiver be requested for the road 12% grade (from 10%); 5) review bond - building permit (fire suppression to be in place, stabilization on slopes and no waiver requests), occupancy permit (same restrictions as building permit) and bond release (no bond will be released until the base coat requirement is complete, along will the slope stabilization, fire suppression); 6) written letter from Mr. Harris regarding ML 12-42-1; 7) final CLD review; 8) the three subdivisions (Mulberry Estates Phase II, Stonepost Phase II and the yet unnamed Mr. Harris parcel ML 12-42-1) share the bonding considerations for the Town owned segment of the road; 9) resubmit three road names (in place of Samuel) to Staff and Selectmen for approval; 10) construction sequencing to be worked out with Mr. Brouillet who will bring it before the Board for final approval; 11) 20ft. conservation easement be added to lot 4.

 

VOTE:

(7 - 0 - 0)  The motion carries.

 

Mr. Danevich said the Board would like to view a written construction sequence by the next meeting.

 

Mr. Culbert left the meeting.  Ms. Bousa will vote in Mr. Culbert’s absence. 

 

Map 9 Lot 9-2 - East View Corporation - Off Simpson Mill Road - Proposed 9-Lot Subdivision for continued consideration

 

Mr. Matt Hammar, Meisner/Brem Corporation presented the plan to the Board.  He said they were proposing a 9-lot subdivision with a 500ft. cul-de-sac (to be named Carlisle Lane).  He said that the first set of plans had been submitted to CLD (Town Engineer) and also reviewed by Mr. Don Foss, Highway Road Agent.  Mr. Hammar said he received comments from CLD and Mr. Foss that an open drainage system would be appropriate for the topography.  He said utilizing the sheet flow off the roadway would eliminate the need for curbing and catch basin structures.  Mr. Hammar said the driveway location for lots 1, 8 and 9 were being proposed to be off Simpson Mill Road.  He noted that the one hundred-year flood plane was located at contour 138 and had been determined by the benchmarks on the flood insurance map.  He said that subdivision approval had been received from NHDES.  He noted that Mr. Brouillet should have received a letter from CLD approving the revisions to the plan for the open drainage.  Mr. Hammar ended by informing that, per CLD’s request, they would be providing the Town with a 7ft. right-of-way easement because the roadway was not in the center of the right-of-way. 

 

Mr. DeLuca asked if the lot line between lots five and six could be straightened.  Mr. Hammar said it had been previously reviewed and the house lot needed the upland area to locate the house and septic system.  He said a monument would be placed to show the angle. 

 

Mr. Danevich wanted to know what the dashed line represented on lot 9.  Mr. Hammar said that the dashed line was an existing dirt road that would be abandoned and had no intended public use. 

 

Mr. Danevich said that the cul-de-sac should be a green space, instead of paved over. 

 

Mr. Scanzani expressed concern with the water quality and the fact that there was no backup plan if the wells failed.  His other concern was the fact that homeowners received their water tests at the time they closed the purchase of their home.  Mr. Hammar said that they would be adding drainage swale systems to prevent the water from crossing the entire parcel.  Mr. Lynde suggested adding a stipulation on the plan.

 

Mr. Lynde noted that building envelopes were in the WCD and abutting the one hundred-year flood plane.  Mr. Yarmo asked if Golden Brook was a prime wetland.  Mr. Hammar showed the portion that was prime wetland.  Mr. Yarmo suggested having Dr. Richardson review the plan.  Mr. Danevich said that the Board did not have good response dealing with Dr. Richardson.  Mr. Hammar said the building envelope was to ensure that lots met the buildability of the area.  He realized that he could not build within the WCD.  He reviewed the proposed drainage.  He said they had a 1% slope from the road to the detention basin.  There was a consensus of the Board to not send the plan for review by Dr. Richardson. 

 

Mr. Danevich reviewed, and read aloud the memo submitted by Mr. Foss.  He then read a section of the correspondence received by CLD.  Mr. Hammar provided a revised plan, which showed the 8” culvert entrance.  Mr. Danevich read an additional letter received by CLD (dated June 26, 2002), which noted that the revised plans appeared to meet the Town’s regulations. 

 

Mr. Lynde suggested taking lots 3,4,5 and 6 and make them three lots so the lot lines could be straightened out.  Mr. Hammar said they had already done a complete redesign and felt that they had developed a good design.  He said that Mr. Clay Mitchell (former Interim Planning Director) had previously reviewed and was in favor of the plan. 

 

Mr. DeLuca asked once again if the lot line for lot five could be shifted.  Mr. Hammar said he could soften the line a bit, but could not straighten it completely.  Mr. DeLuca said if the alternative to straightening was rounding, he would rather leave the ‘dog leg’. 

 

PUBLIC INPUT

 

Mr. John Swiniarski, President of East View Corporation said that there was a public well approximately 300ft. closer to the dump.  He noted that from the edge of the dump the closest lot would be 1000ft.  He said a public well only required a 500ft. radius.  He said they had to provide a copy of the water test to the Planning Department.  He noted that the state had requirements they would need to abide by.  Mr. Scanzani reiterated his concern that there was no back up system. 

 

Mr. Yarmo asked that lots 4,5 and 6 be site specific because they abutted the prime wetlands.  He wanted to ensure that the buildings would be located outside the WCD.  Mr. Hammar said a condition could be added that no physical building would be placed within the WCD. 

 

MOTION:

(Scanzani/DeLuca) To approve the plan subject to: 1) soften lot line for lot 5, and 2) wells be put in and tested prior to any building permits being issued.

 

VOTE:

(7 - 0 - 0)  The motion carries. 

 

Mr. Brouillet wanted to know whose discretion it would be to ensure the applicant met the first condition of the motion.  Mr. Scanzani said that he and Mr. Danevich would review the plan before signing. 

 

Map 3 Lot 166-23 - Cady, Alan - Overlook Drive - Proposed 2-Lot Subdivision for continued consideration

 

Mr. Danevich said that the discussion was to be limited to the driveway portion.  Mr. Tobin Farwell, Cuoco & Cormier presented the plan to the Board.  He said the plan had been before the Board three months ago and had since been slightly changed.  He said after reviewing the plan they had decided to keep the driveway in its existing location and have a proper easement. 

 

Mr. Danevich asked why the location change was being proposed.  Mr. Farwell said that the owner wanted to keep the existing driveway because it was more cost efficient and less hassle than moving it. 

 

Mr. Alan Cady said it was the first time he subdivided land, and once they left the Planning Board meeting, he realized that he should have kept the driveway in its existing place.  He said he would rather not go through the expense of cutting into the hill and moving the driveway since his son would be living on the abutting parcel.  Mr. Danevich said that the Board had changed its position regarding shared driveways three years ago because of legal suits against the Town. 

 

Mr. McNamara asked if a cost comparison had been done.  Mr. Farwell said a cost comparison had not been done.  Mr. Cady noted that the driveway was approximately 300ft. long. 

 

There was a suggestion to possibly move the lot line, but it was realized that the frontage would not comply if the line were moved.  It was asked how many square feet of high and dry land was contained on the lot being subdivided.  Mr. Farwell said the lot being subdivided contained 70,300 square feet of contiguous dry land.   

 

MOTION:

(McNamara/DeLuca) To reconsider the original plan to put a driveway easement.  

 

VOTE:

(3 - 4 - 0)  The motion did not carry, and was denied.  Ms. Bousa, Ms. Ouellette, Mr. DeLuca and Mr. Scanzani voted no. 

 

Mr. Danevich said the proposed did not meet the regulations for self-contained driveways. 

 

Map 6 Lot 115 - Hammar, Alrick - Hammar & Sons, Inc. - Site Plan Review for Change of Use

 

Mr. Alrick Hammar presented the plan to the Board.  He said that the Board had previously requested that he meet with Mr. Clay Mitchell (former Interim Planning Director) to create a new site plan.  He said that Mr. Mitchell suggested that he present the Board with an additional plan which showed the further expansion capabilities of the building.  Mr. Hammar said that the building would still be retail and manufacturing and the change in use being proposed was to rent the front section (which was formally retail space).  He said that the building was originally built with the capability of being rented out.  Mr. Hammar said that they were interested in catering to small operations.  He noted that the original septic system was approved for 500 gallons per day, and per the state specifications would be adequate for twenty-five people.  He said that currently there were ten employees in their organization, the art store had three employees and the dry cleaners had two employees.  He informed that the state allowed two driveway easements, which were shown on the plan. 

 

Mr. Danevich read aloud a letter submitted by the Fire Chief.  The letter indicated that an inspection of the site had been performed and the following life safety issues must be met: 1) lit exit signs, 2) emergency lights, 3) fire extinguishers, 4) fire alarm system (including pull box forms and strobes, also with the ability to upgrade as the need arises), 5) one inch strobe outside each unit, and 6) two means of egress from each unit.  Mr. Hammar had informed the Fire Chief that he would comply with all issues if the Board granted approval.

 

Mr. Danevich said that the owner’s signature was missing from the surveyor’s copy of the plan, which  would need to be signed.   

 

There was a discussion regarding what proposed change-of-use the Board was being asked to review.  Mr. Danevich said that the request was to change the retail use from two to four uses. 

 

Mr. Danevich asked if the dry cleaner performed the dry cleaning on-site.  Mr. Hammar said they performed the dry cleaning on-site with their machine.  He said that they were regulating that nothing was being added to the septic system. 

 

There was a brief discussion regarding the additional plan Mr. Hammar presented at the request of Mr. Mitchell.  The plan showed the possible future expansion of the site in the event that additional retail space were rented.  Mr. Brouillet noted that if the parking were expanded, Mr. Hammar would most likely need to come back before the Board for review and request a wetland permit. 

 

There was no public input.

 

Mr. Hammar confirmed with the Board that they would be voting to approve four retail units, and one manufacturing area.  Mr. Danevich answered yes. 

 

MOTION:

(Scanzani/DeLuca) To approve the site review change subject to: 1) the applicant signing the

submitted plan, and 2) compliance with the items stipulated in the Fire Chief’s letter.

 

VOTE:

(7 - 0 - 0)  The motion carries. 

 

Map 12 Lot 41 & 43 - Stonepost Village LLC - Spring Street - Proposed 12-Lot Subdivision for continued consideration

 

Mr. Brunelle stepped down. 

 

Mr. Tobin Farwell, Cuoco & Cormier and Mr. Bill Perkins, Hearthstone Realty presented the plan to the Board.  Mr. Farwell reviewed the issues stated by the Board during the June 17, 2002 meeting.  He said that site specifics for lots 4,5 and 6 had been submitted to Mr. Brouillet.  He said the waiver request for the 3 - 1 side slope for Mulberry Road had also been submitted.  He noted that the paved area for Sunset Rock Road had been reduced from 26ft to 22ft.

 

Mr. Scanzani said the only waiver requested that he had a problem with was the lot size.  Mr. Farwell said that lot four had been reconfigured and met the slope requirement, but still did not meet the 50% size increase requirement.  He said that the plan had been enlarged to show the slope areas.  Mr. Scanzani confirmed that lot 4 contained 200ft. of frontage around the radius of the cul-de-sac end.  Mr. Farwell said lot 4 contained 200ft. of frontage.  He noted that the conservation land now had 1.23 acres in addition to the other conservation area.  He said the reason for the plan being reconfigured was due to the concerns with the wetlands, but in order to do so, a waiver request was needed.  Mr. Perkins noted that the lots were over an acre and they had preserved 40acres. 

 

Mr. Danevich reviewed the waivers requested: 1) minimum lot sizing and steep slopes for lots 4 & 6; 2) minimal grade at the intersection; 3) proposed slopes of 2.5:1 and not the required 3:1.

 

Mr. Brouillet said the only outstanding issue was the payment for the traffic study.  Mr. Perkins said he had not received a bill. 

 

Mr. Danevich believed that additional issues would be the same as the Shephard/Mulberry subdivision as follows: 1) construction sequencing with other three parcels; 2) no building permit would be issued until: the base coat was complete to Spring Street, fire suppression installed, slope stabilization and no waivers granted to a building permit until the base coat is in; 3) bond for Town portion of the road being shared between Mulberry Estates Phase II, Stonepost Phase II, Harris parcel ML 12-42-1.

 

PUBLIC INPUT

 

Mr. Ray Brunelle, 3 Matthew Drive, speaking as an abutter said that he appreciated the work done by Cuoco and Cormier recognizing the Eco-system and preserving open space. 

 

Mr. Danevich reiterated the three issues stated previously. 

 

MOTION:

(DeLuca/McNamara) To accept and approve the waiver of Section XII Design Standards - minimum lot size in steep slopes for lots 4 and 6

 

VOTE:

(6 - 1 - 0)  The motion carries.  Mr. Scanzani voted no.

 

MOTION:

(DeLuca/McNamara) To accept and approve the waiver of Section XII Design Standards - minimum grade at an intersection.

 

VOTE:

(6 - 1 - 0)  The motion carries. Mr. Lynde voted no. 

 

MOTION:

(DeLuca/McNamara) To accept and approve the waiver of Section XIV Road Construction - proposing slopes at 2.5:1 and not 3:1 as required. 

 

VOTE:

(7 - 0 - 0)  The motion carries.

 

Mr. Lynde discussed the need for the Selectmen to set a meeting to accept the land.  Mr. Perkins believed that the dam needed to be approved before the Selectmen could accept the land. 

 

MOTION:

(DeLuca/McNamara) To approve the plan subject to: 1) construction sequencing with other three parcels; 2) no building permit would be issued until: the base coat was complete to Spring Street, fire suppression installed, slope stabilization and no waivers granted to a building permit until the base coat is in; 3) bond for Town portion of the road being shared between Mulberry Estates Phase II, Stonepost Phase II, Harris parcel ML 12-42-1.

 

VOTE:

(6 - 1 - 0)  The motion carries.  Mr. Scanzani voted no. 

 

Mr. Brunelle returned to the Board.

 

MINUTES REVIEW

 

June 17, 2002

 

MOTION:

(Scanzani/McNamara) To accept the minutes of the June 17, 2002 Board meeting as amended.

 

VOTE:

(7 - 0 - 0)  The motion carries.  Ms. Bousa voted in Mr. Culbert’s absence.  Mr. Danevich had abstained, Mr. Yarmo voted in Mr. Danevich’s place.

 

DISCUSSION

 

Mr. Lynde said he had received a letter from the Conservation Law Foundation relative to the widening of Interstate 93.  He said that when complete, the Interstate would be widened from four lanes to eight.  He believed that there may be an impact to the Town’s roads and wanted to inform residents of what was going on.  Mr. Danevich said he would include a copy of the letter in the Board’s preparation package for the next meeting.  There was a brief discussion regarding what was being done for the project. 

 

Mr. Lynde said that there were suits before the Town and informed that when the Town was being sued, even for a Planning Board approved issue, Town Counsel would be used.  Mr. Danevich said that he had spoken with the Interim Town Administrator, Pat MacQueen, who informed that the Planning Board had the right to hire its own attorney.  Mr. Danevich said that he was basing his understanding per RSA 673:16.  He said that he could discuss the issue with the Selectmen.  There was a brief discussion regarding the pending cases and who would be responsible for handling it.  Mr. Brouillet asked that he be provided with documentation of who will be responsible for handling the pending cases. 

 

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