APPROVED

 

TOWN OF PELHAM

PLANNING BOARD MEETING

January 15, 2004   

 

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

 

The acting Secretary, Ms. Gael Ouellette, called the roll:

 

PRESENT:

Paddy Culbert, Peter McNamara, Gael Ouellette, Robin Bousa, Selectmen Representative Hal Lynde, Alternate Bob Yarmo, Planning Director Will D’Andrea

 

ABSENT:

 

Bill Scanzani, Henry DeLuca, Alternate Raymond Brunelle

 

Mr. Culbert announced that Mr. Yarmo would vote in Mr. DeLuca’s absence.  He then informed the Board that an additional person had been appointed to the CIP Committee.  He said that Mr. Scanzani would provide additional information. 

 

PUBLIC HEARING – Final Review of the Zoning Amendments

 

1) To see if the Town will vote to amend Section 307-14 of the Zoning Ordinance to clarify that frontage shall be contiguous and be able to serve as access to the lot.

 

Mr. Culbert read aloud the proposed language aloud as it would appear on the ballot for the March, 2004 Town Meeting.  Mr. D’Andrea noted that at the previous Board meeting it had been decided to delete the words ‘and be able to serve as access to the lot’.

 

There was no public input.

 

MOTION:

(McNamara/Ouellette) To place the proposed language on the 2004 March Town Meeting ballot as ‘RECOMMENDED BY THE PLANNING BOARD’.

 

VOTE:

 

(6-0-0 ) The motion carries. 

 

2) To see if the Town will vote to amend Section 307-40.B.2 of the Zoning Ordinance to clarify that written comments, not ‘favorable’ written comments, be provided by the Conservation Commission in accordance with the advisory role of the Commission (RSA 36-A).

 

Mr. Culbert read aloud the proposed language as it would appear on the ballot for the March, 2004 Town Meeting.  It was noted that ‘New Hampshire Wetland’s Board’ shall be amended to read ‘New Hampshire Wetland’s Bureau’.  Mr. Yarmo wanted further clarification as to why the zoning language was being amended.  Mr. D’Andrea said under the RSA’s the Conservation Commission had been delegated certain authorities.  Under the current language, the Conservation Commission is to provide ‘favorable’ written comment, therefore, if ‘not favorable’ written comment is provided to the Planning Board they would be obligated to not approve an application, thus granting authority to the Conservation Commission, which is not included in the statute.  Only the Planning Board has the authority to deny a plan.  Mr. Yarmo wanted it clear that the Conservation Commission had not issued many negative comments and had not abused the portion of the zoning being discussed.  He wanted to ensure that the Conservation Commission had their comments and concerns addressed by the Planning Board.  Mr. Culbert asked that the Planning Board receive the written comments of the Conservation Commission prior to the Planning Board’s meeting to allow proper review. 

 

There was no public input.

 

MOTION:

(Lynde/McNamara) To place the proposed language on the 2004 March Town Meeting ballot as ‘RECOMMENDED BY THE PLANNING BOARD’.  

 

VOTE:

 

(6-0-0) The motion carries. 

 

3) To see if the Town will vote to amend Section 307-88.A.2 & 3 of the Zoning Ordinance to clarify the variance’s relation to the public interest and provide a more detailed description of the criteria necessary to meet the ‘hardship’ criterion.

 

Ms. Ouellette read the proposed language aloud.  Mr. McNamara noted that the current language in the ordinance needed to be updated to follow the state requirements for hardship.   

 

There was no public input.

 

MOTION:

(Lynde/McNamara)To place the proposed language on the 2004 March Town Meeting ballot as ‘RECOMMENDED BY THE PLANNING BOARD’. 

 

VOTE:

 

(6-0-0) The motion carries. 

 

4) To see if the Town will vote to accept the following roads as Town roads: Scotland Road, Jones Farm Road, Sycamore Street, Woodlawn Drive Extension, Gaudet Lane, Priscilla Way, Megan Circle, Melissa Circle, May Lane, Velma Circle, Ellsworth Drive, Matthew Drive.

 

Mr. Culbert read the list of proposed Town roads aloud.  Mr. D’Andrea said a request had been received for the Board consider the acceptance of  Kopers Lane, Dodge Road and Herrick Circle.  For information, he said the roads had not been included due to concerns brought up by the Town’s Engineering company. 

 

Mr. D’Andrea was satisfied that the proposed roads on the list met the Town’s requirements. 

 

There was no public input.

 

MOTION:

(Lynde/McNamara)The following roads meet the Planning Board’s requirements to be Town roads and are therefore being proposed to the Selectmen for inclusion on the 2004 March Town Meeting ballot for acceptance.

 

VOTE:

 

(6-0-0) The motion carries. 

 

DISCUSSIONS

 

Public Notification Procedures

 

Mr. D’Andrea said this issue came up with an application, where the applicant believed that it was the Board’s procedure to automatically place an application (once accepted for consideration) on the next meeting agenda.  He informed the applicant that this was not the case, and would need to repeat the notification process since the application had not been date specified.  Mr. McNamara asked if the applicant had requested placement on the next meeting agenda.  Mr. Culbert said the plan had been accepted for consideration, but the requested waivers had been denied.  At that time, the applicant did not request date specification to an upcoming Board meeting.  Mr. D’Andrea confirmed that the Board did not automatically place an application/plan on subsequent meeting agendas without the specific direction of the Board for date specification, or without the request of the applicant at the initial public hearing/meeting.  Mr. D’Andrea said if a plan/application was not date specified, the notification process would need to be redone.  It was noted that date specification did not have to be for the next scheduled meeting, but could be for one, or two months from the initial public hearing/meeting. 

 

Mr. McNamara asked what course the Board would follow if an applicant had an active plan, but took no action within the 90-day hearing requirement.  Mr. D’Andrea said the Board would need to send notification and take action.  Mr. McNamara asked if the Town would then have to pay for the notification.  Mr. D’Andrea said that applicants provide general planning application fees, which the notification fee could be taken from. 

 

Mr. Lynde left the meeting.

 

Planning Board Goals and Objectives

 

The Board deferred discussion.

 

MINUTES

 

January 5, 2004 - Deferred.

 

ADJOURNMENT

 

MOTION:

(McNamara/Yarmo) To adjourn the meeting.

 

VOTE:

 

(5-0-0) The motion carries. 

 

The meeting was adjourned at approximately 8:10pm.

                                                                                                Respectfully submitted,

 

                                                                                                Charity A. L. Willis

                                                                                                Recording Secretary