APPROVED

 

TOWN OF PELHAM

PLANNING BOARD MEETING

August 5, 2002   

 

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, Henry DeLuca, Gael Ouellette, Alternate Robin Bousa, Selectmen’s Representative Hal Lynde (arrived shortly after the meeting started), Alternate Bob Yarmo, Community Development Director Dave Brouillet

 

ABSENT:

 

Paddy Culbert, Peter McNamara, Alternate Raymond Brunelle

 

Mr. Danevich informed that Ms. Bousa would vote in Mr. Culbert’s absence and that Mr. Yarmo would vote in Mr. McNamara’s absence.

 

Mr. Danevich informed that there had been an abutter notification problem in connection with the hearing at the July 15, 2002 meeting concerning - Map 13 Lot 167-9 & 10 - White, Huston & Evelyn - Pelham Road/Plower Road - Proposed Lot Line Adjustment.  He said that a rehearing would be scheduled for September 5, 2002 and the abutters would be re-notified. 

 

Mr. Danevich noted that the August 19, 2002 meeting had been cancelled. 

 

ADMINISTRATIVE

 

Map 3 Lot 88 & 91 View Point Estates - SDK Landholdings, LLC - Request for Bond Release

 

Mr. Brouillet informed that there had not been any bond releases for the entire project.  He said that CLD had submitted a recommendation to reduce the bond to $78,200.  He said the developer had scheduled the final paving, guardrail and monumentation to be done this week.  He said if the paving is not done, he recommended that the bond be reduced to $78,200, but upon satisfactory completion of the paving he recommended that the Town hold $51,880. 

 

Mr. Danevich asked why the entire amount would not be retained until the paving was completed this week.  Mr. Brouillet said the developer did not want to wait until September to come back.  He recommended that the Board resolve the bond issue tonight.  Mr. Scanzani made a motion to review the bond during the September meeting.  The motion was not seconded.  Mr. Danevich said that there were terms with the bond included in the Board’s backup data that should be reviewed.

 

Mr. DeLuca asked if the $26,320 would be sufficient for the work to be done.  Mr. Brouillet said the amount would be sufficient. 

 

Mr. Brouillet reiterated that he recommended the bond be reduced from $450,000 to $78,200 since the road was up to base coat pavement.  He said the developer had done the work and believed the developer was entitled to the release.  He reiterated that this release request was the first for the entire project since it began September 26, 2000. 

 

MOTION:

(Scanzani/Ouellette) To reduce the bond to $78,200.

 

VOTE:

(6 - 0 - 0)  The motion carries. 

 

Continued - OLD BUSINESS

 

Map 3 Lot 137 - Raytheon Company - 50 Bush Hill Road - Proposed 900 sq. ft. addition to an existing pre-engineered steel building located at the Northeast portion of the property for equipment storage.  Included in this construction is the erection of 160 L.F. of pre-engineered sound attenuating barrier.

 

Mr. Danevich explained that the plan had been taken off the agenda during the September 11, 2001 timeframe due to heightened security.  He said that an agreement was reached with Raytheon’s attorney to continue the application for a twelve month period, on the condition that abutters would be re-notified. 

 

Mr. Scanzani read the list of abutters aloud. There were no persons who did not have their name read, or who had a problem with notification.  Mr. Scanzani said that during the first notification process a few notices had been returned, but there were no returns from the current notification sent.  Also, the file did not contain any written correspondence from abutters.

 

Mr. Danevich confirmed with Raytheon’s attorney that the plan had not been changed since it had been submitted.  Raytheon’s attorney said that nothing had changed.  He gave a brief description of what was being proposed. 

 

Mr. Danevich scheduled a site walk for Saturday, August 10, 2002.

 

Mr. Lynde arrived.

 

Attorney Paul DeCarolis of Nashua, NH representing Mr. J.R. Gauthier, asked if the site walk would be open to the public.  There was a brief discussion and Raytheon’s Attorney asked that a list of names (other than Town Representatives) be provided by Thursday for security clearance.  Mr. Brouillet will submit the abutter’s list for clearance. 

 

Attorney DeCarolis said that one of the issues that had previously arisen was the history of the site, and what had been approved over the years beginning in 1968.  He said there appeared to be a lot of activity on the site and asked that during the site walk, the Board keep in mind what had been approved in the past.  Attorney DeCarolis said that one of the primary complaints was the noise.  He asked that the Board consider going past the site before Saturday to hear the type of noise coming from the site. 

 

Mr. Scanzani noted that there was a copy of a variance in the file dated December 9, 1968 that noted no additional buildings could be erected without prior approval.  Raytheon’s Attorney said they had already received a variance for the proposed building.  Attorney DeCarolis said part of the concern was if there were other buildings on the site that exceeded the scope of the prior Zoning Board approvals. 

 

Mr. Danevich reiterated that a site walk had been scheduled for Saturday, August 10, 2002, at 8:00am. 

 

PUBLIC HEARINGS

 

Subdivision Regulations:

 

Environmental Impact Assessment (EIA)

 

Mr. Danevich said that there had been a discussion regarding the EIA at the last Board meeting, where there was not a lot of input, other than some proposed wording changes. 

 

There was no public input.

 

Mr. Danevich noted that Section 12.05 would be revised to have a new Appendix number.

 

MOTION:

(Scanzani/Ouellette) To approve the Environmental Impact Assessment as adjustments had been made at the last Board meeting.

 

VOTE:

(7 - 0 - 0)  The motion carries. 

 

Premature Development

 

Mr. Danevich said that the intent was that Mr. Mitchell (former Interim Planning Director) was to review and rewrite.  He said that a new section had not been written before Mr. Mitchell left.  Mr. Danevich took the original text in the old subdivision regulations and only made changes to the sequencing and numbers. 

 

Mr. Scanzani recalled that the Board discussed the possibility of changing the calendar year to a rolling calendar year and wanted to know the status.  Mr. Brouillet said he recommended that the calendar year be changed to a rolling year.  He said that if a rolling year was in place, an applicant would not be able to come in at the end of a year and receive an approval for ten lots, and then a few months later receive an additional approval for ten more lots, thereby granting twenty lots within a 365 day period.  There was a brief discussion regarding tracking the applications, which Mr. Brouillet said he would implement a system.  Mr. Danevich noted that the language within the premature development section would be amended to read ‘rolling 12-month calendar year’.  Mr. Scanzani suggested adding ‘starting with the issuance of the first building permit’.  Mr. Lynde suggested taking out the word ‘calendar’.  Mr. Danevich said that the wording ‘rolling calendar year’ was used in the tree harvesting section of the RSAs, which would provide a basis for using the same words in this section. 

 

There was no public input. 

 

MOTION:

(Scanzani/Ouellette) To approve the Premature Development section of the Subdivision Regulations as amended.

 

VOTE:

(7 - 0 - 0)  The motion carries. 

 

NRPC & Master Plan Committee presentation of Draft Master Plan

 

Mr. Danevich said that some changes had been made since the presentation at the last Board meeting.  He said that incorporation had been made regarding verbiage for arts.  Ms. Ouellette wanted to confirm that the names of the people involved with the Master Plan were included.  Mr. Danevich said the list of people were included.

 

There was no public input. 

 

MOTION:

(Scanzani/Ouellette) To accept and approve the Master Plan as presented by the Master Plan Committee and NRPC.

 

VOTE:

(7 - 0 - 0)  The motion carries. 

 

Mr. Danevich said he would make the document available for downloading from the Town website beginning August 6, 2002. 

 

MINUTES REVIEW

 

July 5, 2002

 

MOTION:

(Scanzani/Ouellette) To accept the minutes of the July 15, 2002 Board meeting as amended.

 

VOTE:

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

 

SITE WALK(S)

 

August 10, 2002 - Map 3 Lot 137 - Raytheon Company - 50 Bush Hill Road

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Scanzani/Ouellette) Request for a non-public session per RSA 91-A:3,II, (e) - regarding legal matters

 

ROLL CALL:

 

(7-0- 0) Mr. Danevich-Yes; Mr. Scanzani-Yes; Ms. Ouellette-Yes; Mr. DeLuca-Yes; Mr. Lynde-Yes; Ms. Bousa-Yes; Mr. Yarmo-Yes

 

Mr. Danevich noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting.  The Board entered into a non-public session at approximately 8:05pm.  Community Development Director, Dave Brouillet, and Town Council, Diane Gorrow were also present during the non-public session.   

 

The Board returned to public session at approximately 9:15 pm.

 

MOTION:

 

(Scanzani/Ouellette) To seal the minutes of the non-public session indefinitely.

 

VOTE:

 

(7- 0 - 0) The motion carries.

 

ADJOURNMENT

 

 A motion was made and seconded to adjourn the meeting.

 

The motion was adjourned at approximately 9:16 pm.

 

                                                                                                Respectfully submitted,

 

                                                                                                Charity A. L. Willis

                                                                                                Recording Secretary