October 20, 2003   


The Chairman, Paddy Culbert called the meeting to order at 7:30 pm.


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



Paddy Culbert, Bill Scanzani, Peter McNamara, Henry DeLuca, Gael Ouellette, Robin Bousa, Selectmen Representative Hal Lynde, Alternate Raymond Brunelle, Planning Director Will D’Andrea




Alternate Bob Yarmo


Non-public session





Request for a non-public session per RSA 91-A:3,II, c & e (matters which, if discussed in public, would likely affect adversely the reputation of any person; legal)




Paddy Culbert-Yes, Bill Scanzani-Yes, Peter McNamara-Yes, Henry DeLuca-Yes, Gael Ouellette-Yes, Robin Bousa-Yes, Selectmen Representative Hal Lynde-Yes, Alternate Raymond Brunelle-Yes, Planning Director Will D’Andrea-Yes


Mr. Culbert noted that when the Board returned, after the non-public session, the Board would continue the public session.  The Board entered into a non-public session at approximately 7:30 pm.  Also present was Town Council Diane Gorrow.  


The Board returned to public session at approximately 8:15 pm.




ML 10-352 Cara Estates discussion and clarification of approval modification


Mr. Tom Murray and Mr. Scott Vienneau of New American Homes met with the Board to discuss the decision made by the Board (at the October 6, 2003 meeting) to not allow building permits to be issued.  Mr. Murray said prior to the August 4, 2003 Board meeting, he forwarded a packet of information that included a statement of his position.  He said the morning of the August 4, 2003 Board meeting he met with Highway Road Agent Don Foss, Fire Chief David Fisher, TFMoran and former Interim Planning Director Clay Mitchell to review the road radiuses at the corner of Island Pond Road, Currier Road and the entrance to Cara Estates.  He said the Fire Chief had an issue with the radius, but rather than re-staking the road, he asked the Fire Chief to mark the radiuses on the ground with spray paint.  Mr. Murray noted that he had attended all the Board meetings (even though he didn’t own the property at the time) and believed that the road design was done due to concerns with speeding vehicles.  He said he purchased an approved subdivision and built it according to plan and felt the action taken by the Board was unjustified.  He noted that he had a $100,000 bond being held by the Town for the reconstruction of the existing roadway; and $84,000 bond remaining for phase I (which was basically done).  He felt the bond covered the work to be done in the roadway and didn’t feel the Board had any right to take away the lots, or building. 


Mr. Culbert said the design of the plan was wrong with regard to the radius of the four corners.  He said his concern was to get the radii done so it was up to Town specifications.  Mr. Murray said after he was told what the desired radius was, he widened the binder coat down and waited two months before adding the final coat.  Mr. Scanzani said the issue with the road radius was, there were certain requirements in the subdivision regulations regarding how a road needs to be built on the radiuses.  He said the Board made it clear to Mr. Mitchell that the road should be built to Town specifications.  He said the roadway and the drainage at the intersection of Cara Esps and Island Pond Road were not built in accordance per the signed plans in the Planning Department.  Mr. Murray disagreed; he had reviewed the signed plans earlier in the day.  Mr. Scanzani said there were specific items of approval that the Board granted at the time, which could not be overwritten.  He said he wanted the Department of Environmental Services (DES) to come back and review the site regarding the drainage going across to Island Pond Road.  He said the Board was specific with the items of approval in connection with the drainage and possible future subdivision.  He said the Board issued the injunction because the plan was not being built per the specifications.  Mr. Murray said the subdivision itself had no detention basins, but now (between phase I & II) had three detention basins and all the water was being detained on-site.  Mr. Scanzani said if drainage had to change (which was a site specific approval), it would need to come back to the Board for determination.  He said the Board had decided to not accept the fact that DES didn’t want the pipe across the road; the Board wanted DES to come back and discuss the issue.  Mr. Murray was upset that the lots had previously been released, but were now not being allowed.  Mr. Culbert said he discussed the issue with Mr. D’Andrea and determined that the Board could not hold up building permits because the road was bonded. 


There was a brief discussion regarding the plan and how the drainage was supposed to be designed per the conditions of approval.  Mr. Murray said he had been doing the work per the approved plan.  Mr. D’Andrea read from the minutes of the August 4, 2003 Board meeting as follows: “To allow the developer to enact the changes agreed to (in-field with TFMoran, Mr. Foss and Mr. Mitchell) and to review the radius (of Currier Road) to see if it could be extended, also review the possibility of moving the striping over.  Mr. Mitchell shall be authorized by the Board to review the changes.  To allow the developer, for the reconstruction portion of the road, to put the finish coat down this year (since the base coat had already over-wintered), as well as do the striping.”  He then reviewed the notice of decision (dated August 5, 2003) written by Mr. Mitchell with regard to Cara Estates, which provided stipulations for the road radiuses.  Mr. Murray said he was supposed to receive a letter from TFMoran, but it had not yet been received.  He noted that the inspectors had regularly reviewed the site.  He said he was doing an as-built of the radius. 


Mr. Culbert said the drainage would be reviewed.  DES would be asked to review the site.  Mr. Murray said he would like to be present when DES reviewed the site. 


Mr. Culbert said the Board could not hold up building permits.  Mr. Vienneau said he had three pending building permits and wanted to know if he could have them tomorrow so he could put the foundations in.  Mr. Scanzani said he was still of the opinion that the plan was not being built per the Board’s conditions of approval.  Mr. Culbert said he wanted a copy of the as-built and wanted to make sure that everything was being built to plan.  He said that Mr. Vienneau could go into the Planning Department and pick up the pending building permits.  Mr. Scanzani said the Board would still like DES to re-review the drainage.  Mr. Culbert said Mr. D’Andrea was in the process of contacting DES. 


Mr. Scanzani reiterated that the Board wanted DES to review the drainage issue; he said the conditions of approval had not been met (specifically those listed in the minutes).  Mr. D’Andrea will provide Mr. Murray with a copy of the Board minutes that list the conditions of approval.    


Mr. Stephen Williams of the Nashua Regional Planning Commission to discuss transportation issues


Mr. Stephen Williams of the Nashua Regional Planning Commission (NRPC) said he received a memo from former Interim Planning Director Clay Mitchell informing that the Board was interested in issues with the Salem/Concord bike/pedestrian trail.  He said he would answer any questions. 


Mr. Scanzani wanted to know if there was a way that Pelham could tie into the regional plans for the bike path and the I93 widening project.  Mr. Williams said that the bike/pedestrian path was being developed as part of the mitigation package for the I93 widening project.  He discussed what location the path was being proposed and said the DOT felt the best alternative for access to the trail for Pelham would be on Route 38.  He said the only alternative NRPC had was to use the Canobie Lake excursion railroad easement, which would be difficult since many portions of the land had been sold off.  Mr. Scanzani asked if there was a proposed design for the path that the Planning Department could review.  There was further discussion regarding the land and how NRPC was creating a plan for the path. 


Mr. Culbert wanted to know what the Town’s involvement would be with regard to the I93 widening project.  Mr. Williams said the proposal was to widen the highway to eight lanes.  He discussed the type of reconstruction there would be due to the project.  Mr. Culbert wanted to ensure that Pelham retained its access to I93 and said if anything, a better connection was desired.  Mr. Williams showed the Board the plan for Route 38 and the interchanges immediately surrounding.  He discussed other changes that may occur in connection with the project, such as the widening of Route 38 to a five-lane road.  Mr. Williams then discussed the circumferential highway and the fact that NRPC would be meeting with selectmen and aldermen in the area to find out if it is still supported, or if further studies were desired.  He said the DOT was in the process of updating their 10-year plan and in updating it, a wish list was being added. 


Mr. Lynde asked if there were any studies in connection with the I93 widening project that outlined the impacts to the Town.  Mr. Williams said most of the impacts studies were the direct impacts due to construction (i.e. wetland, habitat).  He said there was additional information contained in the EIS, which he would forward a copy to Mr. D’Andrea. 


Mr. Williams ended by discussing the Town Center and the fact that Mr. Andrew Singelakis of NRPC was discussing the issue with the Selectmen.  He said in November members of the NRPC would be counting traffic.  He said NRPC was also in the process of doing a pavement analysis to review what roads should be paved, and with what material.  He said there was a grant cycle coming up for special planning funds, which Mr. Singelakis would submit an application (at the suggestion of the Selectmen) for the study of traffic and land-use issues and how they are related to the Town.  Mr. Culbert asked Mr. Williams to copy Mr. D’Andrea on correspondence relating to the Town center studies. 


Mr. McNamara asked if NPRC would make suggestions once they had completed the traffic counts and turns in the Town center.  Mr. Williams said NRPC would only provide the data.  He went on to review the different options outlined in a study done a few years ago.       




ML 4-139 Collins Way LLC, request for bond reduction


Mr. McNamara stepped down. 


Mr. Culbert said a letter had been received from Mr. James Herrick, PE. to clarify an issue brought up during the Planning Board meeting of October 6, 2003.  The letter informed that the water line had been installed and connected to Meadow View and Old Orchard projects.  Mr. Culbert said the issue was that the water line was supposed to start at Mammoth Road.  Ms. Ouellette noted that the water line was to start at the new connection at Long View all the way to the Jeremy Hill connection. 




Mr. Peter McNamara, Jeremy Hill Road, said the only thing not connected was the existing neighborhood from Mammoth Road to what was the cul-de-sac.  He said the line was extended from the other side to that point, but had not gone up through. 


Mr. Culbert said there would be no bond reduction until the water line was connected all the way through.  He said the water line was a condition of approval that was agreed upon by the developer.


Ms. Bousa said former Interim Planning Director Clay Mitchell had sent the developer a letter (dated August 20, 2003) that raised an issue of relocating a driveway per the original approval of the project which was not yet complete.  She wanted to know if the driveway had since been relocated. 


Mr. McNamara believed the letter was referencing the Orchard Estate development.  Ms. Bousa said the letter referenced ML 4-139; she handed Mr. D’Andrea the letter to review. 


Mr. Scanzani asked if the Road Agent still issued driveway permits.  Mr. Lynde was unsure if there was a formal procedure and said there should be some regulation, or requirement.  Mr. DeLuca said there was a recent development in his neighborhood, in which the Road Agent came out and issued a driveway permit. 


Mr. Scanzani discussed a possible issue with driveway location and numbering per E911.  He explained there could be a problem if zoning changed for lot sizes due to municipal water/sewer being provided.   


Mr. McNamara returned to the Board.




September 4, 2003



(Scanzani/McNamara) To approve the September 4, 2003 meeting minutes as amended.




(5 - 0 - 2) The motion carries.  Mr. DeLuca and Ms. Ouellette abstained.



September 15, 2003



(Scanzani/McNamara) To approve the September 15, 2003 meeting minutes as amended.




(7 - 0 - 0) The motion carries. 



September 22, 2003



(Scanzani/McNamara) To approve the September 22, 2003 meeting minutes as written.  A note shall be added to the meeting minutes binder that the Board held a non-public session to discuss engineering companies RFQ’s and to make a final selection; the minutes were sealed.




(7 - 0 - 0) The motion carries. 



October 6, 2003 - deferred to the next scheduled meeting.





(Lynde/DeLuca) To adjourn the meeting.




(7 - 0 - 0) The motion carries. 


The meeting was adjourned at approximately 9:20pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary