February 21, 2002   


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


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



Victor Danevich, Paddy Culbert, Bill Scanzani, Gael Ouellette, Alternate Robin Bousa, Selectmen’s Representative Hal Lynde, Interim Planning Director Clay Mitchell




Peter McNamara, Henry DeLuca


Mr. Danevich informed that Ms. Bousa would vote on behalf of  Mr. McNamara.




Map 10 Lot 110, 361 - V & G Development - Dutton Road - Proposed 30-Lot Subdivision for continued consideration


Mr. Danevich said that the applicant had requested and was granted a continuation.  He said that they wanted an opportunity to review and comment regarding Town Counsel’s opinion.  Mr. Mitchell handed out a letter stating his opinion.  Mr. Danevich said the documentation would be reviewed so that the Board would be ready to comment the next time the application was submitted for consideration.


Mr. Mitchell said the Board received support of its position from Town Counsel. 


Mr. Danevich said there were three remaining issues: 1) wildlife corridor; 2) road distance limitation for the 35mph design criteria limit; 3) drainage. 




Parks and Recreation - Discussion of Master Plan


Mr. Danevich informed that Mr. Bob Tryon was unable to attend the meeting, so the discussion would be scheduled for a later date. 


Mr. Scanzani said that the CIP was also waiting for information from Parks and Recreation because it was the weakest area represented in the CIP.  He asked that the Board reschedule a discussion soon so that the CIP would have time to put a good plan together.  Mr. Danevich said that the next available date would be in April.


Mr. Danevich asked if the CIP had a chance to review and comment regarding the request for four bleacher seats at Muldoon Park.  Mr. Scanzani said the issue had not been brought to CIP prior to the ballot.  He said that CIP was in the process of taking inventory and reviewing the Town’s assets. 


Mr. Danevich said he would try to reschedule Mr. Tryon for the Board’s April meeting. 








Fire Department Impact Fee Fund Schedule


Mr. Mitchell confirmed that the Board had met the posting requirements and that Town Counsel confirmed that the proposed schedule and methodology was consistent with the existing ordinances.  Mr. Danevich said that the CIP had voted to recommend the schedule to the Planning Board, who now would need to review.  He said once the Board reviewed and voted, the schedule would be forwarded to the Selectmen for completion of adoption. 


Mr. Danevich said that the impact fee would be for two new sub-stations, plus a brand new central Fire Station.  Mr. Scanzani explained the reasons for the impact fee schedule and the need for the expansion of the Fire Department through sub-stations.  He said the fee would be $.46 per square foot.  He said that NRPC worked with the Town and noted that the addition of the square footage to the central station could be obtained by an impact fee.  He said since the sub-stations would be used specifically for fueling the growth to the community, they could be paid for by collecting an impact fee.  Mr. Scanzani went on to explain what type of items would be able to be obtained from the fees.  He said that the fee would only be collected from new residential developments.


Ms. Ouellette asked why the commercial development would not be included.  Mr. Scanzani said typically it was not included unless it could be proven that there was a broad base future need.  Mr. Lynde felt the Board should pursue collecting the additional percentage from commercial development.  Mr. Scanzani discussed the commercial development in Town and the percentage of calls for non-residential could be auto accidents, brush fires etc. 


Mr. Danevich summarized that the fee would be for a new central station, two sub-stations including equipment, excluding labor.  He said that a total of 2.8 million could be collected. 


Mr. Lynde asked for clarification of the calculation used for collecting the impact fee.  Mr. Scanzani said that a formula calculation was used, based on the average value assessment of the Town as well as the square footage of the homes.  He said new homeowners would also receive a credit the first year so people would not be double taxed. 


Mr. Danevich noted that the Selectmen would be holding a public hearing March 5, 2002.  He noted the two conditions placed on the schedule: Fire Chief would need to attest that - 1) currently no equipment or capital deficiencies for the Fire Department to serve the Town’s existing population, and 2) the capital improvements are solely for future development and will serve the Town for the next twenty years when an additional 1500 building units are added to the community.  Mr. Danevich read aloud a letter dated January 23, 2002 submitted by the Fire Chief attesting to the conditions stated in the schedule. 



(Culbert/Lynde) To adopt the Fire Department impact fee schedule.



(6 - 0 - 0)  The motion carries. 




Map 12 Lot 203 - DHB, Inc. - Mulberry Woods - Request for Road Bond Reduction


Mr. Mitchell handed out CLD’s recommendation, which said there was still work to be done, but the bond amount could be reduced to $127,000.  He said the contingency was factored into the amount. 


Mr. Scanzani reiterated his past request that a set bond reduction schedule be created.  Mr. Danevich said that the Board was waiting for a proposed schedule from CLD (Town’s engineer) that would also include the Town Building Inspector’s previous comments.  Mr. Tom Sommers, CLD said he would take action to create a schedule.  There was a brief discussion regarding how the schedule should be created. 



(Culbert/Scanzani) To reduce the bond as calculated by CLD to $127,000.



(6 - 0 - 0)  The motion carries. 


Map 3 Lot 102 - Hickory Hill Road & Tall Oaks Drive - Request for Bond Release


Mr. Mitchell informed that the bond release request had previously been before the Board and was denied.  He said that the applicant had since placed signed, added curbing and put the final coat down on the road.  He said the last thing to do was deliver the as-builts upon winterization of the final coat. 


Mr. Tom Sommers, CLD (Town’s Engineer) said there was approximately 300’ he recommended backing up with gravel.  He said that at the end of Hickory Hill there was a grass swale that needed to be reseeded.  He recommended holding the maintenance.  Mr. Danevich discussed the Board’s options, which prompted the following motions. 



(Culbert/Scanzani) To release the original road bond of $55,890 with the condition that the as-builts be delivered.



(6 - 0 - 0)  The motion carries. 



(Scanzani/Culbert) To retain $5600 in the form of a maintenance bond of 10% of the original bond. 



(6 - 0 - 0)  The motion carries. 




Mr. Danevich said he attended the follow up meeting to the Envision Pelham meeting.  He said there were topics that involved the Board - 1) re-examine and enforce zoning regulations to control growth, attract appropriate business and set aside conservation land; 2) invest in quality planning staff including person to research and  write grants; 3) develop a water and sewage plan for the business and residential needs. 


Mr. Danevich asked the status with the full-time code enforcement officer.  Mr. Lynde said the Fire Department was having difficulty finding a person to fill the position.  He said he would follow up. 


Mr. Scanzani said he had spoken with the Fire Chief and understood that he was searching for a life safety code officer.  Mr. Lynde said that the Selectmen have made it clear that the person hired should not only be siting fire safety, but code enforcement as well.  Mr. Culbert was upset that a person had not been found.  He believed that the position should be split so the Town would have a code enforcement officer, and the Fire Department should have a safety officer. 


Mr. Danevich discussed the fact that there were currently eight communities seeking a Planning Director for the same salary range that Pelham was offering.  He said it was suggested to raise the salary requirements and asked if the Board could raise fees to help offset the salary requirement.  Mr. Mitchell was not too familiar with Municipal Budget law.  He went on to say that the statutes provide for the Board to be able to raise money, but he believed it was for consulting.  He reminded the Board that he discussed with the Budget Committee that the Planning Department’s  budget should not be restrained by the Budget Committee’s opinion because the department could raise its fees to raise the budget. 


There was a discussion regarding the Planning Director.  Mr. Lynde said that the Selectmen were currently using a search company to fill the position. 


Mr. Danevich discussed outdoor lighting and provided literature in the Board’s prep packages.




Mr. Lynde said that a codebook was in the process of being completed.  Mr. Scanzani suggested receiving an electronic version so that any changes could be done easily. 


Master Plan - Mr. Danevich said that there were some issues with the NRPC / GIS database and there would be a lot of data revalidated, dated back to subdivisions done in 1997.  He said it might take up to two months to complete the process.  


Mr. Danevich discussed the process and procedure for the Safety Committee to review plans.  There was a brief discussion regarding having a checklist attached to each plan so that signoff signatures could easily be reviewed.  There was also a discussion regarding how road names are accepted.  Mr. Lynde said he would work with Mr. Mitchell to refine the system for road name approval. 




Mr. Mitchell asked the Board to place the Electrical Inspector’s updates to the electric code on the agenda for a public hearing and possible adoption.  Mr. Danevich tentatively scheduled the hearing for the March 18, 2002 meeting.  Mr. Mitchell discussed Jeremy Hill Road and asked if the time period could be extended for completion of improvements.  There was a consensus from the Board to allow Mr. Mitchell to grant a reasonable extension, as long as the extension was agreed to in writing and signed by both parties. 




Mr. Danevich asked that Mr. Lynde discuss the action the Selectmen would like to take against the Planning Board regarding the Gaudette Phase II subdivision approval.  Mr. Lynde said that there was an issue with the cul-de-sac length and its designation as temporary.  He said that he had discussed the plan with the Police and Fire Chief who had concerns with cul-de-sac lengths being over 1000’.  He said that he was unable to discuss his concerns during the Board’s meeting.  Mr. Lynde then brought the issue to the Selectmen, who supported the maintenance of 1000’ length for cul-de-sacs.  The Selectmen authorized Mr. Lynde to appeal the Planning Board’s decision.  He took the issue to Town Counsel, who submitted the appeal to Superior Court, and the appeal (of cul-de-sac length) was filed February 13, 2002.  Mr. Mitchell advised the Planning Board to refrain from discussion because of the pending litigation.  Mr. Danevich ended the discussion.  Mr. Scanzani felt that the Planning Board should not have the same representation (Town Counsel) as the Selectmen.  Mr. Scanzani suggested that Mr. Mitchell schedule a non-public session on the next agenda. 




February 4, 2002 - Mr. Danevich noted that the minutes would be reviewed at the next meeting. 




 A motion was made and seconded to adjourn the meeting.


The motion was adjourned at approximately 9:05pm.


                                                                                                Respectfully submitted,


                                                                                                Charity A. L. Willis

                                                                                                Recording Secretary