APPROVED

 

TOWN OF PELHAM

PLANNING BOARD MEETING

September 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, Paddy Culbert, Bill Scanzani, Peter McNamara, Gael Ouellette, Alternate Robin Bousa, Selectmenís Representative Hal Lynde (arrived shortly after the meeting started), Alternate Raymond Brunelle, Community Development Director Dave Brouillet

 

ABSENT:

 

Henry DeLuca, Alternate Bob Yarmo

 

Mr. Danevich informed that Ms. Bousa would vote in Mr. DeLucaís absence.

 

Mr. Danevich announced that the Planning Board would not hold a meeting September 16, 2002 and the next scheduled meeting would be October 7, 2002.

 

OLD BUSINESS

 

Map 3 Lot 137 - Raytheon Company - 50 Bush Hill Road - Site Plan Review - 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 for Continued Consideration

 

Mr. Keith Black, Raytheon Real Estate Group provided a brief summary of the proposed plan.It was his belief that the Board had reviewed the site during a site walk.Mr. Black did not believe that the proposed small addition would create a lot of impact.Mr. Danevich said the main issue was noise attenuation.He said that during the site walk it was difficult to conduct conversations due to the noise.He said the general concern was the expansion of the area and added equipment.He wanted to know how Raytheon proposed to correct the current noise problem on the site before the expansion occurred.Mr. Black said that the addition would be used to move equipment out of the area where people were currently working and would not add any additional work or people to the site.He said there would not be a change in the current noise on site.He said that over the years a number of things had been changed to shield the noise.He said that Raytheon had added a noise attenuating wall due to conversations with an abutter, which he believed had satisfied the abutterís concerns.He said that Raytheon had requested to sit down with other concerned citizens, but the citizens had not chosen to discuss issues with Raytheon.Mr. Black noted that Raytheon had put a long-term lease on property to the North of the site to add a buffer.He said there was also a buffer on the West.He noted that the proposed addition would be located between the radar and any abutters to the East, which would help add a buffer.

 

Mr. Danevich said that he made several trips past the site (corner of Tenney and Mammoth) early in the A.M. and found that he could hear the high-pitch sound being generated by the site.He was not in favor of expanding the site until something was done to help mitigate the noise in a residential area.

 

Mr. Scanzani said that previous approvals had always been conditioned upon noise mitigation.He said the residents in other areas of Town (mostly to the East, but not all) had the right to quiet enjoyment of their property.He was not convinced that the proposed addition would provide enough noise filtering and would rather have that done first, before an approval was granted.Mr. Culbert said that in the past the Board had told Raytheon that the noise had to be corrected before an addition could be constructed due to complaints on all sides of the site.

 

Mr. Culbert asked what the decibel level was at 150ft.Mr. Black was unable to answer.Mr. Culbert asked if the sound abatement walls had been constructed as an approval condition from 1997 or 1998.Mr. Black was unaware of such an approval condition.He said that Raytheon had placed curtains around the generators to help reduce the sound.Mr. Culbert noted that there were generators located near the equipment that had no sound abatement.Mr. Black said the radar was what caused the noise.He said the generators were solid state.Mr. Culbert wanted to know what the decibel level currently was, and at different intervals throughout the day.He also wanted to know if the level adhered to government specifications.Mr. Black said he could provide the measurements.Mr. Danevich said prior to any consideration of moving forward, the Board would like an outside party to sample the sound over the course of several days, at different times during the day, and at different locations, pre and post radar.

 

Mr. Lynde discussed an option for a rolling wall, due to the configuration of the site, to help diminish/absorb the sound of the blowers from the radar.Mr. Culbert believed if there was a permanent test area, permanent sound abatement should be in place.Mr. Lynde said the present configuration was a problem and didnít believe a permanent wall could be constructed for noise abatement, which was the reason for his suggestion of a wall that could be put in place when radar testing was being conducted.

 

Mr. McNamaraís shared the concerns of the other Board members.He said before he could vote to accept the plan, he wanted to see something permanent, and if that were not possible, he asked that someone inform the Board of the reasons.

 

PUBLIC INPUT

 

Mr. J.R. Gauthier, Tenney Road informed that his Attorney Paul DeCarolis was unable to attend.He restated his position that his belief was that Raytheon was in serious zoning violation of their original variance.He was disturbed that the Board was trying to harness a noise that should not be generated in a residential section.He said that as the years past, Raytheon had made several changes without obtaining variances, submitting plans, or paying additional taxes.He felt the plan should go back before the zoning board since he did not believe a variance could grant the approval for the type of noise coming from the commercial use in a residential zone.

 

Mr. Scanzani felt the addition should be denied, subject to: 1) the applicant coming back with a plan that showed, to scale, what was currently on site, 2) have an outside consultant review the noise and come back with a recommendation that could fix the current noise.Mr. Brouillet suggested that the Board hire someone to check the decibel levels and provide recommendations.He suggested continuing the plan.Mr. Danevich said that the applicant would pay for someone to record the decibel levels.He preferred to move forward with Mr. Scanzaniís suggestion to deny the plan based on failure to comply with the original plan per the Subdivision Regulations - sections 248-43 (non-residential uses in a residential district) and 248-45 (noise).

 

Mr. Culbert asked if the Board was offering the applicant the chance to withdraw without prejudice versus a denial.Mr. Danevich said the applicant could withdraw without prejudice.

 

Mr. Lynde pointed out that no matter what action was taken, noise was still present on the site.He suggested that someone be hired to record the noise level and come up with a proposal.Mr. Danevich said Raytheon could work on the issue under a resubmission of the application.Mr. Scanzani said he would rather deny the plan and see a different plan come forward that showed everything on site.Mr. Lynde said that the assessing issue should be handled by the Town.

 

MOTION:

(Scanzani/Culbert) To deny the plan based upon Subdivision Regulation Sections 248-43 and 248-45.

 

VOTE:

(4 - 2 - 0)The motion carries.Mr. Lynde and Ms. Bousa voted no.

 

The plan was denied.

 

Mr. Lynde hoped that Raytheon would address the issues brought forward by the residents.

 

Map 13 Lot 167-9 & 10 - White, Huston & Evelyn - Pelham Road/Plower Road - Proposed 2-Lot Subdivision for Approval

 

Mr. Danevich said that there had been a problem with abutter notification, and therefore the plan was being heard again.

 

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.The file did not contain any written correspondence from abutters.

 

Mr. Steve Height, Herbert Associates, representing the applicant, presented the plan to the Board.He said the applicant was requesting a lot line relocation so that the driveway would be contained solely on lot 9.He said that two turn-arounds had been created per the Fire Departmentís request.He said the wetlands crossings and the septic design had been approved.

 

Mr. Scanzani asked if the plan was the same as previously reviewed by the Board, with the exception of the changes for the Fire Department.Mr. Height answered yes.

 

PUBLIC INPUT

 

Mr. John Gould, a resident for twenty-two years did not like the area Mr. White built up.He questioned Mr. Whiteís character and believed that the proposed plan should be denied.Mr. Scanzani asked if there were any specific points on the plan that Mr. Gould felt did not meet the regulations.Mr. Gould provided the Board with a brief history of the area from the time that he moved in.He said that he had been informed that there would not be any additional buildings.He said huge piles of sand had been brought in for the installation of the septic systems.Mr. Gould said that contamination had occurred in his 300ft. well, which made him stop drinking the water.He believed the entire project violated rules of sanitation.He said that others in the area had the same problems.

 

Mr. Jack Caynon, Pelham Road said that he had lived in the area for twenty-seven years and did not believe there was any reason to deny the request.He explained that many septic systems needed sand brought in.He was in favor of the plan.

 

Mr. Scanzani made a motion to approve the lot line adjustment.He pointed out that both lots, as designed, fully complied with the subdivision regulations and that they would also comply with DES requirements.

 

Mr. Lynde wanted to know if there had been a concurrence with the Conservation Commission and waivers granted for wetland crossings.Mr. Danevich said that the WCD had been addressed and approved under the original application.Ms. Ouellette noted that Mr. Yarmo was in attendance at the last hearing for the case and had no issues with the plea.

 

MOTION:

(Scanzani/Ouellette) To approve the lot line adjustment to allow the driveway to be contained on one property.

 

VOTE:

(7 - 0 - 0)The motion carries.

 

NEW BUSINESS

 

Map 9 Lot 40 & 40-3 - St. Onge, Rita - Hobbs Road - Proposed 2-Lot Subdivision for Submission

 

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.The file did not contain any written correspondence from abutters.

 

MOTION:

(Culbert/McNamara) To accept the application for consideration.

 

VOTE:

(7 - 0 - 0)The motion carries.

 

There was a note in the file requesting a waiver of the $1000 application fee and instead reviewing the application as a two-lot subdivision with a fee of $250.

 

MOTION:

(Scanzani/McNamara) To accept for consideration, the waiver request to waive the $1000 subdivision application fee and replace it with a two-lot subdivision application fee of $250.

 

VOTE:

(7 - 0 - 0)The motion carries.

 

Mr. Steve Height, Herbert Associates, representing the applicant, presented the plan to the Board.He said they were requesting a two-lot subdivision of a parcel with frontage on Hobbs Road and access from Kenís Way (fka Cutters Passage).He said that the lot had previously been granted a variance for a driveway access from Kenís Way, which was noted on the plan.Mr. Height said the applicant was seeking a subdivision of their parcel to create a 13.7 acre lot and a 10 acre lot.

 

Mr. Danevich asked Mr. McNamara about the particulars of the Board of Adjustmentís case.Mr. McNamara recalled Mr. St. Onge meeting with the Board of Adjustment, but did not recall the specifics of the case.Mr. Height said the variance was for case #2180 to permit a single-family house lot with less than 200ft. frontage.He said the lot currently had 50ft. of frontage off of Hobbs Road, and when it was subdivided (ML 9-40-3) would have access from Kenís Way, which currently serviced several houses. Mr. McNamara asked if a representation was made to the Board of Adjustment that the lot would not be further subdivided.Mr. Height believed the representation made was that the parcel would not be subdivided any further, due to the wetness of the parcel.

 

Mr. Culbert recalled that Mr. St. Onge had said the land would not be further subdivided.Mr. Leo St. Onge said he didnít state that the land would not be further subdivided.He said he had approximately forty acres that he wanted to give to his children.Mr. Culbert asked if the variance was granted as a single lot.Mr. Height did not have an answer.Mr. Culbert said if the variance was granted for a single lot, the subdivision request being made of the Board would be to create a non-conforming lot.Mr. Height said the lot currently had frontage onto Hobbs Road, and with the variance that granted a lot with less than 200ft. frontage, the subdivision could be granted since there was still access to the back lot (ML 9-40-3).Mr. McNamara suggested reviewing the minutes from the Board of Adjustmentís meeting.

 

Mr. St. Onge discussed the lots and noted that a 50ft. right-of-way had been established onto Hobbs Road, which was considered the frontage for the parcel.Mr. Scanzani wanted to know about the frontage for the back lot.Mr. Height said that the back lot would be serviced by the access from Kenís Way.Mr. St. Onge noted that when he subdivided ML 9-40-1 he added a 50ft. right-of-way that connected to Kenís Way.He said the 50ft. right-of-way was extended when he added ML 9-40-2 and ended at 9-40-3.He said that he had paid taxes for the property for forty years and would like to subdivide the final portion for his last daughter.

 

Mr. Danevich noted that there was a long history with the parcel and said that conditions had been specified on previous applications which set the stage for no further subdividing.He said that due to the extensive background and missing information, he would prefer to continue with research.Mr. St. Onge didnít recall a stipulation that Kenís Way needed to be upgraded.

 

PUBLIC INPUT

 

Mr. Bob Moreau, 38 Hobbs Road asked that he be able to have a legal right-of-way to his property from Kenís Way.Mr. St. Onge said it would be no problem.Mr. Culbert believed that Kenís Way was already a legal right-of-way.Mr. Danevich felt the history of the area should be researched and the issues should be reviewed by Town Counsel.He said there was a possibility of cascading non-compliance.Mr. Scanzani said if the abutters owned the road they may need to approve the extension.Mr. St. Onge said that on the plot plan for the parcel it was noted that the Town was not responsible for the private way.He reiterated that he had paid taxes on the parcel for forty years and he would like to give his land to his children.He said that homes being built were nice homes and he wanted to provide land for his last daughter to put her home on.He said that at the time the 200ft. frontage was added to zoning, large parcel landowners were not taken into consideration.Mr. Danevich said the Board did not have the jurisdiction to waive zoning.He said the Board would need the information from the Board of Adjustmentís case #2180, as well as other concerns addressed before moving forward.

 

Mr. Danevich reviewed the list of concerns as follows:1) understanding the Board of Adjustmentís case history for case #2180; 2) Safety Committee comments with formal feedback from the Fire Chief and plowing concerns; 3) further research of the class 6 road status with respect to the 50ft. right-of-way that was granted.Mr. Culbert asked that a plan be brought back that showed the wet areas.Mr. Height said that they would come back with a plan that showed the full impact of the wetlands.Mr. Culbert wanted to know the possibility of further subdivision.

 

Ms. Bousa asked what the unmarked triangle piece was in the middle of the plan.Mr. Height believed it was Conservation land.He said it would be marked.Mr. St. Onge showed the location of his home and noted that out of the entire remaining parcel there was only approximately 3-4 acres that were not wet.

 

Mr. Scanzani wanted to know if any other parcels would become buildable if the right-of-way from Kenís Way were extended.Mr. St. Onge said the right-of-way from Kenís Way was already in place.Mr. Height showed where the right-of-way connected to ML 9-40-3 and said that the variance granted the proposed lot on the 50ft. access from Kenís Way.He said they were not proposing an extension of the 50ft. right-of-way.Mr. Scanzani said he wanted to continue the case.

 

Mr. Danevich reiterated the concerns of the Board as follows: 1) understanding the Board of Adjustmentís case history for case #2180; 2) Safety Committee comments with formal feedback from the Fire Chief and plowing concerns; 3) further research of the class 6 road status with respect to the 50ft. right-of-way that was granted; 4) further subdivision research; 5) identifying the prime wetlands on the plan.

 

There was a brief discussion regarding the name of the right of way and what the Town had on its records.It was made known that there was a posted sign that designated the right-of-way as Kenís Way, and not Cutterís Passage.

 

Mr. St. Onge noted that for fire safety, ML 9-40-1 & 2 both had approved cul-de-sacs for emergency vehicles to turn around.He believed that before an occupancy permit was granted, ML 9-40-3 would need to install a sistern, per the Fire Department.Mr. Height said that the names would be clarified on the plan.

 

Mr. Danevich date specified the plan for the October 7, 2002 meeting.

 

* See below for additional New Business

 

PUBLIC HEARING

 

Capital Improvement Plans

 

Mr. Lynde stepped down and joined the Selectmen seated with the public.

 

Mr. Bill Scanzani and Mr. Larry Hall presented the Capital Improvement Plans to the Board.Mr. Hall said that the document had been completed ahead of the budget process to provide adequate time for review.He discussed how the document had been drafted and the reasons certain items may have been added, or removed.He said it would be helpful if the Town reviewed its assets and the life span of each.Selectman Bill McDevitt noted that the Board of Selectmen had requested that money be set aside due to some obligations under GASB.The School Board would also be requesting that funds be set aside for GASB.

 

Mr. Scanzani reviewed the items that were being recommended, and believed necessary, for the upcoming year.He said the only item that was un-programmed in the CIP was Kindergarten, which was due to the project needing more research, therefore the details were not in place to move forward at this point.

 

Mr. Scanzani noted that the CIP had also been updated with the summary of the new Master Plan that had been adopted by the Planning Board.He asked that the Board of Selectmen continue their work with Park and Recreation for the creation of a seven-year plan.He said that the Planning Board and CIP had given direction that if a detailed plan were put together, they would have the means necessary to put together an impact fee schedule.He said the impact fee schedule would help fund projects without negatively impacting the current taxpayers.Mr. Scanzani continued review of recommendations made in the CIP.

 

Mr. Scanzani said the CIP recommended that any future building plans take into consideration a twenty-year need and what would be necessary at the full Town build out.††

 

Chairman of the Budget Committee, Mr. John Lavallee, wanted to know the status of the additional fire houses.Mr. Scanzani said that the CIP, Planning Board and Selectmen had adopted an impact fee schedule that was being collected on new homes for potentially two fire substations and a brand new central fire station.He said that over the next 5 - 7 years money would be put aside from the impact schedule and if the excess money from the ambulance fund was used, it would help fund the stations with a minimal impact on the tax rate.He believed that approximately 40% of the cost of a new central station should come from the impact fees.

 

Budget Committee member, Mr. Philip McColgan asked what the cost would be for the Fire Department to move into the area that the Police would be vacating.Mr. Hall said that it was in the plan, but was made inconsistent.Mr. Scanzani said that short term it was known that the Fire Department would need the space, but the amount of money spent to convert the space should be kept to a minimum since it would be a short term investment.He said it would be better served to review a location for a new central station.Mr. Lavallee asked if CIP had taken into account the debt service structure required by the state, bonding, and how the Town would proceed with the items being recommended.Mr. Scanzani said the CIP compiled a schedule which showed how the payoff of the existing bonds could be used to pay a new bond going forward, with no negative impact on tax rate.Mr. Lavallee believed if the Town continued borrowing, the Town would be at risk for reaching the limitation of amounts allowed to be borrowed.Mr. Scanzani said that the proposed schedule showed how the payoff of the existing bonds, and the fire stations could be funded with no additional impact on the tax rate by funding them with the current tax rate.Mr. Lavallee believed that there would still be an impact on the tax rate.Mr. Scanzani said the current tax rate impact would be maintained, not counting any new projects.Mr. Lavallee added that salary increases, etc. were also not calculated into the proposed.

 

Mr. Lavallee asked how many acres of land were available for build out in the Town.Mr. Scanzani believed that the Town currently had approximately 4400 homes built, which was 67% of the Town, so there was still an additional 33% of the Town that could be built.He said that the impact fee could still be paid by approximately 2500 - 2600 homes, if zoning did not change.Mr. Danevich said that a build out analysis needed to be done.He said NRPC would help conduct the study during the first part of the upcoming year.He said that the best estimate with the GIS system was that 35% - 40% of the land still undeveloped.He said at the current rate of build out, which was approximately 110 homes per year would be built out in approximately the years 2020 - 2025.

 

Mr. Hall discussed the proposed fire substations.He said that the Fire Chief had brought to the CIP two proposed substations and one central station.He said the most important was the substation in the Ledge Road area to service the Spring Street area.He believed the number brought forward was 3.9 million for the whole package, which included two pieces of equipment, but not employees.Mr. Scanzani pointed out that the impact fee could not only pay for the building, but could also pay for equipment.He said once the Fire Department took over the current station, it would be at maximum capacity.The impact fee was discussed, and it was noted that the impact fee was based upon square footage of homes and most homes coming in have been larger than anticipated.

 

Mr. Danevich informed that the Planning Board was tasked per the RSA to facilitate the CIP and Master Plan annually.He acknowledged and thanked the people involved with creating the CIP.He discussed the importance of the CIP document.Mr. Danevich also said that the Planning Board needed the Park and Recreation plan, and could have used it over the past two years due to the amount of proposals that had come before the Board.He said he would like to publish the CIP and put it up on the Town website once it was adopted.††††

 

Mr. Scanzani said that there was only one update to be made, other than the correction of a few typos.He said he would like to add the bond schedule for the Municipal Building.Mr. Lynde said he would provide a spread sheet of the bond schedule for the Municipal Building.†††

 

MOTION:

(Culbert/McNamara) To adopt the Capital Improvement Plans for the years 2003 - 2009, subject to correcting typos and the addition of the bond schedule for the Municipal Building.

 

VOTE:

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

 

Mr. Danevich said the CIP would be copied, distributed and posted on the Town website.

 

Mr. Lynde rejoined the Board.

 

Map 4 Lot 180-15 & 16 - Two M. Construction, LLC - Benoit Avenue

 

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.The file did not contain any written correspondence from abutters.

 

Mr. Matt Hammar, Meisner/Brem Corporation presented the plan to the Board.He said that the proposed was a lot line adjustment to ML 4-180-15 (if approved would be approximately 1.538 acres) and ML 4-180-16 (if approved would be approximately 1.896).He showed the original lot line and what was being proposed.He said that the plan met the current zoning.Mr. Culbert asked if the acreage was usable.Mr. Hammar believed a portion of it was.

 

Mr. Danevich asked what the purpose for the adjustment was.Mr. Hammar said the applicant was seeking to increase the side yard.

 

MOTION:

(Scanzani/) To accept the proposed lot line adjustment for consideration.

 

VOTE:

(7 - 0 - 0)The motion carries.

 

Mr. Lynde asked if the cul-de-sac was the new regulation based upon what the Board voted upon over a year ago.Mr. Danevich answered yes.

 

PUBLIC INPUT

 

Mr. Darren Martin, prospective buyer, was in favor of the proposed lot line adjustment.

 

Mr. Hammar pointed out that the last sheet of the plan showed the contiguous area.Mr. Danevich asked that the information be contained on the first page.

 

MOTION:

(Scanzani/McNamara) To approve the lot line change as proposed, subject to the notes being updated on sheet one, regarding the usable area noted on sheet two.

 

VOTE:

(7 - 0 - 0)The motion carries.

 

Mr. Lynde confirmed that the Board was accepting the plan, based on the assumption that the information contained therein is accurate.Mr. Brouillet answered yes.

 

Mr. Lynde asked if the stump dump and the cliff on the adjoining lot had been taken care of.Mr. Danevich said the two issues were code enforcement.He said he would speak to Mr. Lynde regarding the issue off-line.

 

Hidden Pond Way

 

Mr. Brouillet said that there had been a conditioned approval for Hidden Pond Way to soften a lot line.He said that Mr. Hammar had a revised plan he would like the Board to review for a consensus.Mr. Matt Hammar, MeisnerBrem Corporation showed the plan to the Board.He said that the lot line had been moved 20ft. and wanted to know if the Board was in agreement that the approval condition had been met.There was a consensus from the Board that the lot line adjustment met the approval condition.

 

MINUTES REVIEW

 

August 5, 2002

 

MOTION:

(Scanzani/Ouellette) To accept the minutes of the August 5, 2002 Board meeting as amended.

 

VOTE:

(5 - 0 - 2)The motion carries.Mr. Culbert and Mr. McNamara abstained.

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Scanzani/Culbert) 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. Culbert; Mr. Scanzani-Yes; Ms. Ouellette-Yes; Mr. McNamara-Yes; Mr. Lynde-Yes; Ms. Bousa-Yes

 

 

MOTION:

 

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

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

Mr. Danevich noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to adjourn the meeting.

 

The Board entered into a non-public session at approximately 9:45pm.Alternate Raymond Brunelle, 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 10:45 pm.

 

ADJOURNMENT

 

A motion was made and seconded to adjourn the meeting.

 

The motion was adjourned at approximately 10:45 pm.

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Respectfully submitted,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Charity A. L. Willis

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Recording Secretary