APPROVED

 

TOWN OF PELHAM

PLANNING BOARD MEETING

April 21, 2003   

 

The Selectmen’s Representative, Victor Danevich called the meeting to order at 7:30 pm.

 

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

 

PRESENT:

Paddy Culbert, Bill Scanzani, Peter McNamara, Henry DeLuca, Gael Ouellette, Robin Bousa, Alternate Bob Yarmo, Alternate Raymond Brunelle, Selectmen’s Representative Victor Danevich (attended the meeting in Mr. Hal Lynde’s absence)

 

ABSENT:

 

Selectmen’s Representative Hal Lynde, Planning Director Amy Alexander

 

Mr. Danevich began by informing that he had been elected as a Selectman and would be stepping down from the Planning Board.  He commended Planning Department Assistant Jenn Hovey for her hard work and assistance over the past years.    

 

ELECTION OF OFFICERS

 

Mr. Culbert was nominated to Chair the Board the nomination was seconded.  Mr. McNamara was also nominated to Chair the Board.  He declined the nomination.

 

MOTION:

(Scanzani/McNamara) To appoint Mr. Culbert as Chairman.

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

Mr. McNamara was nominated for Vice Chair of the Board.  There were no other nominations.

 

MOTION:

(Scanzani/Ouellette) To appoint Mr. McNamara as Vice Chairman.

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

Mr. Scanzani was nominated for Secretary of the Board.  There were no other nominations. 

 

MOTION:

(Ouellette/McNamara) To appoint Mr. Scanzani as Secretary.

 

VOTE:

 

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

 

PUBLIC HEARING

 

Map 4 Lot 85 - Town of Pelham/304 Mammoth Road - Muldoon Park - Informational Discussion of Little League Lighting Plan in accordance with RSA 674:54

 

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 noted that in the past abutters had been directly affected by lighting changes to a Town owned parcel.  He said it was agreed at that time that any further lighting changes would be facilitated by the Board.  Therefore, per RSA 674:54, he had requested that the Little League representatives meet with the Board. 

 

Mr. Bob Blinn and Mr. Ed Gleason, representing the Little League met with the Planning Board to discuss the lighting plan for Muldoon Park.  They handed out a diagram of the major league field, which showed the location of the proposed light poles.  Mr. Blinn said that the lights would have visors on them so that the light would shine onto the ground.  He said per Little League rules, games could not be played past 10pm.  He noted that they did not intend to play games every night of the week.  He further noted that the Little League season, including tournament games began in May and ended no later than mid July.  Mr. Gleason said that the Warrant Article from the past Town vote approved the funds for the lights.  He said that he had concerns regarding safety and believed that the lights would alleviate that concern.

 

Mr. Scanzani was happy that shields would be placed on the lights.  He asked what safeguards would be in place to limit the use of the lights.  Mr. Blinn said the lights would have a manual switch.  He reiterated that games had to stop at 10pm.  Mr. Scanzani asked if anyone else could use the lights.  Mr. Blinn said other use would be at the determination of the Park and Recreation Department/Town.  Mr. Scanzani discussed the location of the lights.  Mr. Blinn reviewed the plan.  Mr. Gleason informed that the Little League would pay for the cost of the electricity when they used the lights. 

 

Ms. Ouellette asked if the lights would cause any noise.  Mr. Gleason answered no. 

 

PUBLIC INPUT

 

Mr. Larry Major, Dutton Road asked if the lights would be available for uses other than the Little League.  Mr. Culbert said the Park and Recreation Department would make the determination.  Mr. Major asked if the Town had an ordinance regarding the use of the lights.  Mr. Culbert answered no.  Mr. Major asked if other teams, such as Pop Warner, or soccer would have use of the field.  Mr. Gleason informed that the field was Little League regulation size, configured for baseball and softball only.  Mr. Major was concerned with future use and wanted to ensure usage was controlled now, rather than trying to later.  Mr. Danevich said that an ordinance would need to be approved by Town vote.  Mr. Gleason said that the high school also had lights and the rule that governed their use may also affect the Muldoon lights.  He said the Little League would agree to have the lights turned off at 10pm.  Other uses would be at the determination of the Park and Recreation Department.  Mr. Danevich pointed out that per RSA 674:54 the Board only had jurisdiction in the issuance of a non-binding letter to the Board of Selectmen.  Stipulations did not have to be adhered to. 

 

MOTION:

(Scanzani/McNamara) To send a letter to the Board of Selectmen, in accordance with RSA 674:54, informing that the Planning Board held a public hearing regarding the installation of lights at Muldoon Park.  A stipulation to the Planning Board’s recommendation is that consideration be given to the fact that the area is residential, and further, who ever is using the field should turn the lights off after 10pm. 

 

VOTE:

 

(7 – 0 - 0) The motion carries.

 

OLD BUSINESS

 

Map 4 Lot 180-17 - Two M Construction Co. - off Beniot Avenue Extension - Proposed 2-Lot Subdivision for Continued Consideration

 

The applicant submitted a request to continue the case.  The Planning Board granted a continuation of the case to the May 5, 2003 meeting. 

 

NEW BUSINESS

 

Map 5 Lot 75 - Keyes Hill Realty Trust - off Keyes Hill Road - Proposed 7-Lot Subdivision for Submission and seeking Special Permit for Wetland Crossing

 

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. Peter Zohdi, Herbert Associates, presented the plan to the Board.  He said he had been before the Board in the past and subdivided one lot from the parcel.  He said the owner now wanted to subdivide the parcel into seven lots.  The plan noted the existing home, septic, wells and wetlands.  Mr. Zohdi said there would be two areas that would require a wetland crossing permit.  He pointed out that lot seven contained the required square footage and high and dry area, but would require a waiver of the building envelope (100ftx150ft).  He then discussed the grade, which did not require a waiver.  He noted that a portion of the parcel that contained the trolley way would be deeded to the Town.  Mr. Zohdi said that Town Health Officer Paul Zarnowski had reviewed the test pits.  He said that he met with Planning Director Amy Alexander who asked if the plan would be submitted to Conservation.  Mr. Zohdi said the normal procedure was for the Planning Board to take jurisdiction on the plan and walk the site before Conservation review. 

 

Mr. Danevich noted that the Planning Director’s notes indicated that the plan was ready for acceptance for consideration.  Ms. Ouellette noted that three street names still needed to be provided. 

 

MOTION:

(Danevich/McNamara) To accept the plan for consideration. 

 

VOTE:

 

(7 – 0 - 0) The motion carries.

 

MOTION:

(Scanzani/Danevich) To accept the waiver request to Section 11-4 (c)1 for consideration with regard to the 15,000SF building envelope for ML 575-7 is not 100ftx150ft. 

 

VOTE:

 

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

 

Mr. Danevich asked that the well radius for ML 575-6 be contained within the lot.  Mr. Zohdi said he would move the well radius and would also update the plan. 

 

Ms. Bousa asked how access would be obtained to Keyes Hill Road.  Mr. Zohdi said that when Keyes Hill Road was constructed the frontage was retained by the State Highway Department.  He noted that when the land was previously subdivided, a 50ft right-of-way remained.  He said an application would be sent to the state to upgrade the parcel.

 

Mr. Scanzani asked Mr. Zohdi to discuss the ledge on the parcel and the steps needed for construction of the septic.  Mr. Zohdi said the DES required 2ft. of natural material and 2ft. to ledge.  He said the Town had not updated the regulations, and required a minimum of 4ft. to ledge.  He said reviewed the test pit data for the Board. 

 

Mr. Yarmo asked how many wetland crossings would be required.  Mr. Zohdi said there were two wetland crossings.  He said the remaining areas he wanted to discuss with the Conservation Commission.  Mr. Yarmo asked if the driveways required crossings.  Mr. Zohdi answered no.  He went on to highlight the wetland areas on the plan and showed the affected areas.  He said that the road was designed so that cut and fills would not need to be requested.  He said that the pre- and post-development drainage would remain the same.  Mr. Scanzani asked that a sign be placed on each side of the culvert so in the future if it needed to be replaced the Town would be aware of the elevations.   Mr. Zohdi said that he would place adequate information in the file. 

 

Mr. Danevich noted that the plan needed Conservation Commission input, as well as review by the Town Engineer.  He asked if a site walk would be scheduled.   

 

PUBLIC INPUT

 

Mr. Dennis Rafferty, Keyes Hill Road, asked if there were specific criteria to be followed for a wetland crossing permit.  Mr. Culbert said there were criteria, and noted that the Conservation Commission would provide recommendation, and the state would also be involved.  Mr. Zohdi said that they tried to keep the road out of the WCD and drafted the plan so there would be minimum impact.  Mr. Rafferty said an abutting development had shifted some of the water to his land differently and was concerned this development may also affect his property.  Mr. Zohdi said that the proposed subdivision was lower and noted that the drainage pre- and post-development would stay the same.  Mr. Rafferty asked what would happen if the permits for the wetland crossing were not granted.  Mr. Zohdi said that he had not discussed alternate plans with his client. 

 

Mr. DeLuca suggested eliminating lot 7 and consolidating lots 5 and 6, as well as lots 3 and 4.  He felt the houses were being forced into a subdivision.  He didn’t feel a waiver should be granted for lot 7.    Mr. Zohdi noted that the waiver had only been accepted for consideration.

 

Ms. Bousa discussed the lot lines outlined on the plan.  Mr. Zohdi said the plan would be corrected.  He noted that the Town tax map had not been updated.  Ms. Bousa asked that site distance measurements be provided at the next meeting for the Keyes Hill Road intersection, as well as the Keyes Hill Road and Mammoth intersection.

 

A site walk was scheduled for Saturday, April 26, 2003 at 8am beginning at the Town Hall. 

 

The plan was date specified for May 19, 2003.     

 

Map 11 Lot 93 - Cormier & Saurman Building, LLC - Dutton Road - Proposed Elderly Housing for Site Plan Review and seeking Special Permit for Wetland Crossing

 

Mr. Peter Zohdi, Herbert Associates representing the applicant requested a continuance to the May 5, 2003 meeting.  The Board granted a continuance to the May 5, 2003 meeting.  Mr. Culbert informed the public that there would be no additional notification sent to abutters. 

 

Map 8 Lot 22 - Charles E. Gaudet II - 40 Old Gage Hill Road So. - seeking a Special Use Permit to change an existing duplex into a condex

 

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. John Gallant presented the plan to the Board.  He began by reviewing the application and submitting condex documentation.  He submitted a copy of the approved septic design and a plan that showed an alternate location in the event the septic failed.  He believed the building was ideal for a condex. 

 

Mr. Danevich said that in the past six (6) years there had been three (3) conversions of buildings into condexes.  He said the state statutes covered the specific criteria for condexes. 

 

Mr. Yarmo felt that a condex would be beneficial to the owners.  He asked if the building was new.  Mr. Gallant answered yes.  He went on to review the plan details.  Mr. Yarmo asked who would collect the common maintenance fees.  Mr. Gallant said the two owners would act as an association.  He said separate meters and water would be set up and state statute would be followed.

 

There was no public input. 

 

MOTION:

(Danevich/Ouellette) To grant the special use permit to change an existing duplex into a condex.   

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

DISCUSSION

 

Engineering Firm Request For Qualifications (RFQ) development discussion

 

Ms. Bousa drafted an RFQ for Board review.  She said that the number of submitted copies had been increased so that the Board of Selectmen would also received copies.   

 

A representative from the MacGuire Group provided information to the Board as an introduction to the company. 

 

The bid process was discussed.  It was decided to follow the same format as all the RFPs for the Town.  The bids would originate and be returned to the Town Administrator.  The sealed bids will be forwarded to the Planning Board, to be opened during a public session with the Selectmen’s Representative being present. 

 

Mr. DeLuca asked what would prevent a contractor from hiring subcontractors who worked privately in the Town.  Ms. Bousa said there would have to be no conflicts.  Mr. Danevich said persons hired would have to ensure that the subcontractors would not do other work within the Town. 

 

Mr. McNamara asked if the publication would be statewide.  Mr. Danevich believed that the procedure used when bidding out for the municipal project would be used.  Mr. Culbert provided suggestions for publication. 

 

It was decided that sealed bids should be received by 2pm on June 13, 2003 and would be available for the Planning Board to open them at the June 16, 2003 meeting. 

--------------------------------------------------------------------------------------------------------------------------------

Mr. Culbert said that comments had yet been received by Mr. John Bobula regarding the Planning Department changes.  He followed up with Town Administrator Tom Gaydos, who also had not received an update. 

--------------------------------------------------------------------------------------------------------------------------------

Mr. Scanzani said that the CIP had requested that the Planning Board Chairman appoint Mr. Tom Collins as a member of the CIP, and Mr. Jeff Gowan as an alternate to the CIP.  Mr. Culbert appointed the two candidates to a term not to exceed three years. 

---------------------------------------------------------------------------------------------------------------------------------

Mr. Scanzani discussed elderly housing and felt that Pelham should concentrate on elderly housing.  He noted that surrounding towns were addressing the issue.  He was concerned with state legislation that may do something with affordable housing and take the approval process away from the Planning Board.

---------------------------------------------------------------------------------------------------------------------------------

Mr. Scanzani drafted a document explaining the process of Planning Board meetings for public knowledge.  The Board will review and discuss further at the next work session. 

 

MINUTES REVIEW

 

March 17, 2003

MOTION:

(Ouellette/DeLuca) To approve the March 17, 2003 meeting minutes as amended.  

 

VOTE:

 

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

 

SITE WALK

April 26, 2003 - 8am - Town Hall

Map 5 Lot 75 - Keyes Hill Realty Trust - off Keyes Hill Road - Proposed 7-Lot Subdivision

 

DATE SPECIFIED

 

May 5, 2003:

Continuation - Map 4 Lot 180-17 - Two M Construction Co. - off Beniot Avenue Extension - Proposed 2-Lot Subdivision

Continuation - Map 11 Lot 93 - Cormier & Saurman Building, LLC - Dutton Road - Proposed Elderly Housing for Site Plan Review and seeking Special Permit for Wetland Crossing

 

May 19, 2003:

Map 5 Lot 75 - Keyes Hill Realty Trust - off Keyes Hill Road - Proposed 7-Lot Subdivision

 

ADJOURNMENT

 

MOTION:

(Danevich/McNamara) To adjourn the meeting. 

 

VOTE:

 

(7 - 0 - 0) The motion carries.

 

The meeting was adjourned at approximately 8:10 pm.

 

                                                                                          Respectfully submitted,

 

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary