APPROVED

 

TOWN OF PELHAM

PLANNING BOARD MEETING

January 6, 2003

 

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

 

The Secretary, Mr. Bill Scanzani, called the roll:

 

PRESENT:

Victor Danevich, Paddy Culbert, Bill Scanzani, Peter McNamara, Henry DeLuca, Gael Ouellette, Alternate Robin Bousa, Alternate Raymond Brunelle, Selectmen’s Representative Hal Lynde

 

 

ABSENT:

 

Alternate Bob Yarmo, Planning Director Amy Alexander

 

 

Mr. Danevich informed that Ms. Bousa would be voting in Mr. DeLuca’s place until he arrived.

 

Mr. Danevich reviewed the agenda and noted that requests for continuations had been received, and granted for the following applications:

 

Map 6 Lot 180 Carol O. Reeser - 18 Mammoth Road - Proposed 2-Lot Subdivision

Map 12 Lot 192 & 203-16 - Richard Kirsch Investment Trust - Off Mulberry Lane - Proposed 12-Lot Subdivision

Map 12 Lot 63-1 - Life Estate of Pultar - End of Shephard Road - Proposed 7-Lot Subdivision

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

 

Mr. DeLuca arrived, therefore, Ms. Bousa would not be voting. 

 

PUBLIC HEARING

 

Planning Board to make a recommendation to the Board of Selectmen to place the following roads on the Warrant to be accepted as Town roads: Westfall Road South, Autumn Street, Litchfield Circle, Keilty Avenue, Tall Oaks Drive, Scotland Road, Hickory Hill Extension, Ellsworth Drive, Velma Circle, May Lane, Willowvale Avenue, Diamond Hill Road, Harley Drive, Beacon Hill Road, Jones Farm Road, Shannon Circle, Matthew Drive, Sycamore Street, Woodlawn Drive, Gaudet Lane, Pete’s Way, Priscilla Way, Megan Circle, Melissa Drive, Irene Drive Extension, Robin Road, Honey Lane.

 

Mr. Culbert said before he could vote he wanted to know the date the final coat was laid on the road.  He said that the roads had to weather a year (through winter and spring), and have no issues arise. 

 

It was noted that Scotland Road, Ellsworth Drive, Velma Circle, May Lane, Willowvale Avenue, Jones Farm Road, Matthew Drive, Sycamore Street, Woodlawn Drive, Gaudet Lane had all been

paved during 2002, and had not yet weathered. 

 

Mr. Scanzani said he did not feel comfortable including Honey Lane on the list until outstanding issues had been fixed.  Mr. Danevich said that Planning Director Amy Alexander had discussed the issue with Town Attorney, Diane Gorrow.  To summarize their conversation - Attorney Gorrow felt it would be prudent for the Board to accept the road since there was only a small amount of backhoe work yet to be completed to correct a culvert.  She felt it did not make sense to continue expensive litigation. 

 

Mr. Danevich asked when the Selectmen needed the final information.  Mr. Lynde said that streets could be added at the first session of Town Meeting.  Mr. Danevich said that he would put together an updated list for review at the January 20, 2003 meeting.  Mr. Culbert reiterated that the roads had to successfully winter. 

 

ADMINISTRATIVE

 

Map 4 Lot 137 G & M Jeremy Hill Land Development, LLC - Meadowview Estates Subdivision - Request for bond reduction

 

Mr. Danevich said that the bond request was to reduce the bond from $1,000,000 to $390,225 (a reduction of $609,775).  He said that the numbers had been revised after a conversation he had with Ms. Alexander in which he informed that a bond had never been reduced when a partial base coat was installed.  He noted that the plan was done in phases at the discretion of the developer.   

 

Mr. Scanzani would like developers to use the bond reduction form contained within the appendixes of the subdivision regulations.  He said the Town should hold the necessary bond to complete phase II.  Mr. Danevich’s concern was that the two-year deadline should be extended.  Mr. Scanzani suggested that the bond should be reduced clearly for phase I, and request that a new bond be placed for phase II.  Mr. Danevich agreed.  The Board members were amenable to the reduction, but not in the current form with the current backup paperwork.

 

Mr. Scanzani asked that the applicant request a bond reduction for phase I from the $1,000,000 and place a new bond for phase II specifying dates.  He said the Board would then reduce the phase I bond to the contingency, assuming that everything within phase I was at 100%.  He asked that the applicant use the bond reduction request using the form contained within the appendix of the subdivision regulations. 

 

There was a brief discussion regarding the process being requested of the applicant.  Mr. Danevich said that historically the Board made a motion to deny without prejudice.  He reviewed the items being requested of the applicant: 1) request a bond reduction specific for phase I; 2) put a bond in place for phase II; 3) fix the dates on the agreement; 3) T.F. Moran is to utilize the checklist for reduction; 4) specify the amount for treatment swale. 

 

MOTION:

(McNamara/Culbert) To deny the bond reduction request without prejudice. 

 

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

 

Map 6 Lot 250 Elston Estates - Final Bond Release

 

Mr. Danevich said a request had been received for a full bond release of the $16,900 currently being retained.  Road Agent Don Foss and Planning Director Amy Alexander submitted a memorandum concurring that the project was complete and acceptable. 

 

MOTION:

(Culbert/McNamara) To release the final bond in the amount of $16,900.

 

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

 

OLD BUSINESS

 

The following cases listed under Old Business were continued at the request of the applicants. 

 

Map 6 Lot 180 Carol O. Reeser - 18 Mammoth Road - Proposed 2-Lot Subdivision

Map 12 Lot 192 & 203-16 - Richard Kirsch Investment Trust - Off Mulberry Lane - Proposed 12-Lot Subdivision

Map 12 Lot 63-1 - Life Estate of Pultar - End of Shephard Road - Proposed 7-Lot Subdivision

 

NEW BUSINESS

 

Map 4 Lot 147-1 Charlene Takesian & Harold Lynde - Jeremy Hill Road - Proposed Site Plan Review to construct a single family home on the property

 

Mr. Lynde stepped down.

 

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.  The registered letter to the State of New Hampshire was the only notification returned. 

 

Attorney Paul DeCarolis, representing the applicants, presented the plan to the Board.  He said the purpose of the meeting was not to seek an approval or a denial.  He said per the state’s statute (RSA 674:41c) a public hearing was needed for the Planning Board to issue their comments to the Board of Selectmen.  He said the property owners would be petitioning the Board of Selectmen to allow the issuance of a building permit to a property on a class 6 road.  He informed that before the Selectmen could make their decision, they needed Planning Board comments. 

 

Attorney DeCarolis provided a brief history of the property.  He showed two plans that had been approved by the Planning Board, one in 1968, and the other from 1969.  The applicant did not dispute that the road went from a public road to a class 6 road, subject to gates and bars.  Attorney DeCarolis read a portion of RSA 231:43 III, which in summary explained how a road was discontinued and reverted to class 6 and that the owner shall not be deprived from access from the highway.  He said that the applicant was meeting with the Planning Board per RSA 674:41c to allow a building permit to be issued.  He also informed that a building permit could not be issued until the property owner recorded a declaration, at the Registry of Deeds, certifying that the property owner was solely responsibility for all construction and maintenance, and that the Town had no liability whatsoever for the road.  He said a site plan would need to be prepared to ensure that the septic and well requirements would be met, as with any single-family lot.  He said the applicant requested that the gate be moved just beyond their driveway.  He ended by saying the applicant was not seeking a subdivision. 

 

Mr. Danevich asked if the only access to the parcel was over the class 6 road.  Attorney DeCarolis said it may be conceivable to gain other access, but due to the size of the parcel (29 acres), it may be quite a task.  He said the statute allowed the proposed, if there were no other public accesses.  Mr. Danevich asked if there were WCD areas.  Attorney DeCarolis pointed out the areas that may be wetlands.  He was unsure if the state would require any sort of a wetland crossing, said there was an existing road with a culvert.  He said they were not requesting any waivers at this time.  Mr. Hal Lynde, speaking as an applicant said if the culvert needed to be replaced, he would do so. 

 

Mr. Danevich confirmed that there were no issues with the buildable area, or the topology.  He asked what the frontage area was onto Jeremy Hill Road.  Attorney DeCarolis said it was approximately 1500ft.  Mr. Danevich also confirmed that there was no structure currently on the property and the property was considered one lot.  Attorney DeCarolis answered yes.

 

Mr. Scanzani asked if Jeremy Hill Road ended in front of the parcel.  Attorney DeCarolis believed that there was a trail that there may be a trail that went to Valley Hill Road.  Ms. Charlene Takesian informed where the class 6 road ended.  Mr. Scanzani asked if there were any other land beyond the lot that could be subdivided off of the road.  Ms. Takesian said it was clear that there was nothing beyond the parcel. 

 

Mr. Culbert said that the Planning Board did not have the authority to allow the gate to be moved.  Mr. Danevich said that the Selectmen could decide if the gate was to be moved.  There were no additional comments from the Board members.  Mr. Lynde said that he spoke with the Fire Chief regarding the possible need for an emergency equipment turn-around. 

 

Mr. Danevich reviewed the Board’s comments and said he would draft a memo to the Board of Selectmen in accordance with RSA 674:41c: 1) will provide a description of the property and the understanding that it was subject to gates and bars with no other access to a class 5 road; 2) WCD area permits if required - culvert will follow normal replacement procedure, if needed; 3) single building lot appears to be more than sufficient with the area of land being 29-acres ; 4) septic permits will follow normal procedure; 5) frontage is in excess of 800ft. on Jeremy Hill Road; 6) not a subdivision of land; 7) request compliance with declaration that will go to the Registry of Deeds that will summarize all necessary items in RSA 674:41c; 8) move bars beyond the driveway; 9) site plan will be developed and submitted to the Planning Department; 10) no waivers are being requested at this time; 11) Safety Committee needs to review - specifically the Fire Chief for sistern and/or turn-around placement. 

 

Mr. Culbert suggested having the plan reviewed by the Conservation Commission.  Mr. Danevich noted that the culvert was existing, and therefore did not need to be reviewed by Conservation. 

 

PUBLIC INPUT

 

Mr. Robert Francis, 164 Jeremy Hill Road asked how ML 4-144 would be affected, since it was currently land-locked.  Mr. Lynde said he was sensitive to the issue and noted that the intent was that his driveway would be placed before the parcel, so they would not be pushing the road any further back.  Mr. Francis said he wanted to know if the proposed would open the area up for further subdividing.  Mr. Danevich said that the Town would first have to vote to open the road from the gates and bars and second the plan would have to come back before the Planning Board for review.  Mr. Francis said the landowners in the area were conscience of the lack of water and always reviewed the development that may impend on the current situation.     

 

Mr. Paul Steck, Jeremy Hill Road understood that the abutters owned the land to the center of the road and asked what would happen if they decided to keep their gate.  He asked who would be in control of tree cutting in the area.  He wasn’t sure that the road ended at the property.  He believed that the road went all the way through to Jeremy Hill Road.  Mr. Steck discussed RSA 674:41 and having the owner sign a release of liability for the Town.  He asked if an abutter also was relieved of responsibility/liability. 

 

Attorney DeCarolis believed there was case law that stated property would revert to the property owners when a road was discontinued.  However, in this case, the back land did not have frontage onto the present Jeremy Hill Road and there was a statute (RSA 231:43 III) that protects the property owners so they would continue to have access, at the owner’s risk.

 

Mr. Steck continued his belief that the road continued through to Jeremy Hill Road.  His concern was that abutters may petition for further subdivision.  Ms. Takesian discussed the area and the abutting properties. 

 

Mr. Francis asked if access to the land could be achieved through the applicant’s existing lot.  Mr. Danevich said the Board had taken a hard stance with not creating shared driveways/shared common access because of a long history of civil lawsuits amongst residents. 

 

Mr. Danevich said that he would amend his memo to the Selectmen to provide assurance regarding the deed.  There was a consensus/majority vote of the Board to issue a memo to the Selectmen providing comment. 

 

Map 12-42-1 Samuel Road LLC - Spring Street - Proposed 10-Lot Subdivision for Submission

 

Mr. Lynde had stepped down for the previous case, and had stepped out of the room during the following discussion. 

 

Mr. Danevich said a written request to extend/continue had been received, and denied.  He said that the only action the Board would take would be to read the list of abutters and accept the application for consideration per the recommendation of the Planning Director.     

 

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. Danevich summarized the notes submitted by the Planning Director, in which the recommendation was made to accept the plan for consideration. 

 

MOTION:

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

 

 

VOTE:

 

(6 - 0 - 0) The motion carries.

 

 

Mr. Lynde returned to the meeting.

 

Mr. Danevich noted that there were no waiver requests contained within the file.  He said the next course of business would be to have the application reviewed by the Town’s engineering firm.  He then date specified the application to February 3, 2003. 

 

Map 13-39 - Best Built Realty Trust - Youngs Crossing 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.

 

Mr. Matt Hamor of Meisner Brem Corporation, representing Raquel and Amarildo Marques, presented the plan to the Board.  He described the location of the parcel and said the lot contained 2.58 acres.  He said that a Variance had been granted (Case #2237) due to the 35,000SF upland area.  He said the Variance allowed 28,000SF for the existing lot.  He showed the subdivision lot line.  He said that a new septic system had been installed at the existing lot, which showed that it could accommodate the dwelling with the reduced upland area.  Mr. Danevich asked that the useable area note should be clarified on page three.

 

Mr. Hamor said that the plan being presented was the same one presented to the Board of Adjustment.  He said there was a waiver request for the well radius not being contained within the lot.  Mr. Danevich noted that a permanent easement would need to be created on the new lot for the well radius protection.  Mr. Hamor pointed out that the entire septic system was contained on the opposite side of the lot.  Mr. Scanzani asked if the plan met the subdivision regulations for the amount of usable land.  Mr. Hamor said the plan met the regulations.  He noted that the lot contained canton soils. 

 

Mr. Danevich noted that the Board’s concerns were: 1) lot shape; 2) 20ft. strip along the side of the parcel; 3) well radius overlap onto the adjacent lot without a protective easement; 4) lot line not being able to be adjusted.  Mr. Hamor submitted a copy of the septic design plan. 

 

Mr. Lynde asked what the frontage was for the two lots.  Mr. Hamor said the existing lot contained 235ft and the proposed lot contained 200ft. of frontage.  Mr. Lynde asked if there was a possibility to purchase land from an abutter.  Mr. Hamor said the surrounding parcels were wetlands.  Mr. DeLuca suggested a land swap with the abutter, a wetland area, for a wetland area.  He said the lots could then be squared.  After a brief discussion, the applicant said they would speak with the abutters regarding the possibility of a land swap. 

 

Ms. Bousa said that the existing driveway for ML 13-39 may need some modification so that it can be maintained within its own property lines.  Mr. Hamor said that the change would not be a problem. 

 

Mr. Danevich reviewed ML 13-39 and there was a consensus from the Board that there were no general issues with the lot, other than what was previously discussed.  There was a brief discussion regarding the Variance granted by the Board of Adjustment and the fact that when granted, it created a non-conforming lot.     

 

Mr. Danevich asked that the Wetland Soil Scientist’s stamp be added to the plan.  Mr. Hamor said the final set of plans would contain the stamp.  Mr. Danevich noted that the driveway on ML 13-39 should be self-contained.  He said the last issue was the 20ft. strip along the side of ML 13-39.  He said one good thing was that the lot line was straight.    

 

MOTION:

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

 

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

 

MOTION:

(Scanzani/Culbert) To accept, for consideration, a waiver request from the subdivision regulation for a 75ft. well radius being contained within the boundaries of a lot. 

 

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

 

There was no public input.

 

Mr. Hamor asked if he could submit a waiver for the 20ft. strip being less than the required 50ft.  Mr. Danevich said he could submit a handwritten request, as long as a documented update is provided.

 

MOTION:

(DeLuca/Culbert) To accept, for consideration, a waiver request for the strip of land being 20ft. and not the required 50ft., per subdivision regulations, section 11-04 b:5.

 

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

 

Mr. Culbert asked that the applicant request a land swap from the abutter.  Mr. Hamor was amenable to the request. 

 

Mr. Lynde asked if there were any slope impacts with the new lot.  Mr. Hamor answered no. 

 

Mr. Danevich informed that the application would be date specified to the February 3, 2003 meeting. 

 

OLD BUSINESS - Continued to February 3, 2003 - No discussion will occur on this application at the January 6, 2003 meeting

 

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

 

Mr. Danevich said that the posting was correct and the application would be continued to the February 3, 2003 meeting. 

 

MINUTES REVIEW

 

November 5, 2001

 

MOTION:

(Scanzani/DeLuca) To accept the minutes of the November 5, 2001 Board meeting as amended.

 

 

VOTE:

(7 - 0 - 0)  The motion carries.  

 

 

December 2, 2002

 

MOTION:

(DeLuca/Culbert) To accept the minutes of the December 2, 2002 Board meeting as amended.

 

 

VOTE:

(5 - 0 - 2)  The motion carries.  Mr. Scanzani and Mr. Lynde abstained, they were absent from the meeting.

 

 

December 16, 2002

 

MOTION:

(Scanzani/Culbert) To accept the minutes of the December 16, 2002 Board meeting as amended.

 

 

VOTE:

(5 - 0 - 2)  The motion carries.  Mr. McNamara and Mr. Lynde abstained, they were absent from the meeting.

 

 

DISCUSSION

 

Mr. Danevich said the Sousa legal brief was in the member package just for information purposes. 

 

Mr. Danevich said he was in the process of creating a Planning Board Standard Operating Procedures that would provide direction to the Planning Department so that they could consistently provide documentation and backup data.  The Board reviewed the information provided by Mr. Danevich.  Mr. Danevich asked for input from the Board so that he could create a final draft. 

 

DATE SPECIFICATION

 

The following cases were date specified to the February 3, 2003 meeting:

 

Map 6 Lot 180 Carol O. Reeser - 18 Mammoth Road - Proposed 2-Lot Subdivision

Map 12 Lot 192 & 203-16 - Richard Kirsch Investment Trust - Off Mulberry Lane - Proposed 12-Lot Subdivision

Map 12 Lot 63-1 - Life Estate of Pultar - End of Shephard Road - Proposed 7-Lot Subdivision

Map 12-42-1 Samuel Road LLC - Spring Street - Proposed 10-Lot Subdivision

Map 13-39 - Best Built Realty Trust - Youngs Crossing Road - Proposed 2-Lot Subdivision

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

 

ADJOURNMENT

 

 A motion was made and seconded to adjourn the meeting.

 

The motion was adjourned at approximately 10:00 pm.

 

                                                                        Respectfully submitted,

 

                                                                        Charity A. L. Willis

                                                                        Recording Secretary

PAGE 

Town of Pelham

Planning Board Meeting/January 6, 2003                                                                                        Page 

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