PB Minutes 03.21.2005

APPROVED

TOWN OF PELHAM

PLANNING BOARD MEETING

March 21, 2005

The Chairman, Paddy Culbert called the meeting to orde= r at 7:30 pm.

The Secretary, Gael Ouellette, called the roll:

PRESENT:

Paddy Culbert, Peter McNamara, Gael Ouellette, Bill Scanzani, Robin Bousa, Selectmen Representative Victor Danevich, Planning Director Will D’Andrea

ABSENT:

Henry DeLuca, Alternate Bob Yarmo

AD= MINISTRATIVE

Re= appointment of CIP Members

Mr. Scanzani said Mr. Doug Fyfe and Mr. Steve Caruso were up for reappointment to the CIP. He asked that the Chairman reappoi= nt each for a three-year term. M= r. Culbert reappointed Mr. Doug Fyfe and Mr. Steve Caruso to the CIP, each wit= h a term of three-years.

Ma= p 9 Lot 9-9 – First Stre= et Realty Trust – Golden Brook Estates – Request for Full Bond Rel= ease

Mr. D’Andrea said the road had been accepted; final review of the as-build had been done by the consulting engineer. The final bond was $10,000. The road had over-wi= ntered; no corrections were made last summer.

MOTION:<= o:p>

(Scanzani/McNamara) To do a full bond release for Golden Brook Estates.

VOTE:

(6-0-0) The motion carri= ed.

OLD BUSINESS

Ma= p 15 & 22 Lot 8-86, 8-88 & 8-89 – Pelham Estates, Inc. – Tina Avenue/Balcom Road<= /st1:Street> – Proposed 23-Lot Subdivision for review

This was on the agenda for the Board to schedu= le a site walk. Mr. D’Andrea= noted that the case would be heard at the next Conservation Commission meeting wh= ich was scheduled after the next Planning Board meeting. The plan had been sent to Louis-Be= rger Group for review. Mr. Scanzani suggested that the DOT review a possible widening of the shoulder on the left. Mr. D’Andrea said= he spoke with the state, who suggested that a standard driveway permit be appl= ied for. He also spoke with Mr. M= ike Gospodarek of Herbert Associates and a permit would be submitted to the state.

A site walk was scheduled for April 2, 2005 – 8am; the Board will meet at = Town Hall. The plan was date specified to the= May 2, 2005.

Ma= p 17 Lot 12-273 – Estell Family Trust, Ronald K. & Denise W. Estell, Trustees – 158 Old Gage Hill Road North – Proposed 2-Lot Subdivision for review

Mr. Davie Aho of Patriot Land Surveying appear= ed before the Board on behalf of the applicant. He said during the Board’s l= ast review of the plan the Board wanted to see the voluntary lot merger filed, which had been done. He said = the Board also wanted to see the 15K area better delineated on the plan; that t= oo had been done. Copies of the = NH DOT driveway permit have been filed including the state approval number.

Mr. D’Andrea said a written waiver reque= st (for the building envelope) was still needed as well as two additional note= s to be added to the plan: 1) posting WCD; and 2) well test prior to building permit.

There was no public input.

Mr. Aho submitted a written waiver regarding t= he building envelope per Section 11.04, c, I; 100ftx150ft building envelope shape. Mr. Danevich confirmed= that the building envelope exceeded the square footage, but was not rectangular = in shape.

MOTION:<= o:p>

(Scanzani/Danevich) To accept, for consideration, the waiver request for Section 11.04, c, I (building envel= ope shape).

VOTE:

(6-0-0) The motion carri= ed.

MOTION:<= o:p>

(Scanzani/Danevich) To approve the waiver request, as written, for Section 11.04, c, I (building envelope shape).

VOTE:

(6-0-0) The motion carri= ed.

Mr. Danevich asked if the applicant agreed to = add the two notes to the plan: 1)= well test prior to building permit; and 2) post WCD every 50feet, prior to build= ing permit being issued. Mr. Aho = said the applicant agreed to the addition of the two notes.

MOTION:<= o:p>

(Scanzani/Danevich) To approve the subdivision plan conditioned upon two notes being added to the plan: 1) w= ell test prior to building permit; and 2) post WCD at 50feet, prior to buildi= ng permit being issued.

VOTE:

(6-0-0) The motion carri= ed.

PU= BLIC HEARING

Su= bdivision Regulations – Purpose; Jurisdiction; Definitions; Application Process/General Guidance; Preliminary Conceptual Review; Submission of Application, Fees & Forms; Plan Requirements; Action on Applications (Section 11); Additional Information & Studies; Action on Applications (Section 13); Roadway Design; Cul-de-sac Design; Traffic Analysis; Applicat= ion Completeness Checklist; Appendices.

On March 18, 2005, Mr. Dick Hertrich of Dufresne-Henry submitted suggest= ed changes to the final draft of the revised subdivision regulations. The Board reviewed the suggested c= hanges and further amended the revised regulations. Mr. Scanzani also submitted a memo= with language he wanted clarified. The Board reviewed the suggested changes and will make appropriate changes.

One topic that was of interest to the public involved the current and possible future trail systems throughout the Town = used by snowmobiles and passive recreation.&nbs= p; Mr. Scanzani suggested language (in summary) to several sections that would preserve existing trails for walking, snowmobiling, snow shoeing, and cross country skiing for all of the residents of Pelham and therefore development in existing areas of these trails is to ensure the continuance = of either the existing trail or provide for a new trail through the developed parcel. Also that there be a = 100ft wide conservation/wildlife corridor and public walking and snowmobile trail maintained and shown on the plan within all power line or gas line easement= s. Mr. Culbert asked that Town Counse= l have the opportunity to review the suggested language.

Mr. Ray Brunelle, member of the Boarder Riders= and their Trails Committee discussed the fact that the committee worked with residents regarding easements to private property. He felt preserving what the Town h= ad was good.

Mr. Paul Gagnon, 103 Dutton Road, member of the Conservation Commission and land owner felt the proposed language regarding trails was consistent with the state language. He said he was put in a situation = where a key link to the trail had been obliterated due to a development. He was then asked by the Snowmobil= e Club to allow the trail to go through his property. He researched the issue with the s= tate and received a brochure from the New Hampshire Bureau of Trails, in which it states that the landowner is offered liability protection under state statutes. He said in addition= to state statutes, the Snow Mobile Club provided landowners with a $2,000,000 = liability policy. In summary a homeowne= r, by allowing people to go over their property, was not liable for any injury th= at occurred to that person. Mr. = Gagnon said he allowed people to over his property. Mr. Culbert asked if the stateR= 17;s brochure singled out snowmobiles. Mr. Gagnon answered no, but noted his agreement with the Snow Mobile club excluded wheeled vehicles. He then discussed the issue from a conservation standpoint. He said although they try to purch= ase contiguous land, the one way to connect is through the trails. Without connection, it limits usefulness. In ending, Mr. Ga= gnon discussed the laws in England an= d Wales regarding their trail systems. He felt Mr. Scanzani was forward thinking in trying to protect the Town’s asset.

Mr. Dave Spaulding, 129 Mammoth Road, was in favor of M= r. Scanzani’s proposal. He discussed the variety of use the trails provided for the Town. He pointed out when the trails were gone, the Town couldn’t get them back.

Mr. David Owens, 122 Dutton Road explained bec= ause there weren’t parks on his side of the Town that the trails provided = a de-facto park system. He asked that the Board not get lost in the legal issues, but rather look at the ‘big’ picture.

MOTION:<= o:p>

(Scanzani/Danevich) To adopt the subdivision regulations as amended.

VOTE:

(6-0-0) The motion carri= ed.

Mr. Culbert reiterated that he would like Town Counsel to review the snowmobile language.= There were no objections.

MINUTES

January 3, 2005

MOTION:<= o:p>

(Danevich/McNamara) To approve the = January 3, 2005 meeting minutes as amended.

VOTE:

(5-0-1) The motion carri= ed. Mr. Scanzani abstained.

March 7, 2005

MOTION:<= o:p>

(McNamara/Scanzani) To approve th= e March 7, 2005 = meeting minutes as amended.

VOTE:

(5-0-1) The motion carri= ed. Mr. Culbert abstained.

SITE WALK - April 2, 2005 8am meet at Town Hall

Map 15 & 22 Lot 8-86, 8-88 & 8-89 R= 11; Pelham Estates, Inc. – Tina Avenue/Balcom Road – Proposed 23-Lot Subdivision for review

DATE SPECIFIED PLANS – May 2, 2005=

Map 15 & 22 Lot 8-86, 8-88 & 8-89 R= 11; Pelham Estates, Inc. – Tina Avenue/Balcom Road – Proposed 23-Lot Subdivision for review.

ADJOURNMEN= T

MOTION:<= o:p>

(Danev= ich/McNamara) To adjourn the meeting.

VOTE:

(6-0-0) The motion carri= ed.

The meeting was adjourned at approximately 9:30 p.m.

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