PB Minutes 12-17-2007

APPROVED

TOWN OF PELHAM

PLANNING BOARD MEETING

December 17, 2007

Chairman Peter McNamara c= alled the meeting to order at 7:00= pm.

Secretary Paul Dadak call= ed the roll:

PRESENT:

Peter McNamara, Paul Da= dak, Roger Montbleau, Jason Croteau, Tim Doherty, Alternate Joseph Passamonte, Alter= nate James McManus, Selectmen Representative Robert Haverty, Planning Director Jeff Gowan

ABSENT:

Paddy Culbert, Alternat= e Edward McGlynn

Mr. McNamara appointed Mr. McManus to vote in Mr. Culbert’s absence.

NEW BUSINESS

Map 10 Lot 13-137-7 DEMERS, Daniel & Tina – = 391 Gage Hill Road – Site Plan Review to Operate a General Home Occupation of Proposed Firewood Business

Mr. Dadak read the list of abutters aloud. There were no persons present who did not have their name read, or who had a problem with notification.

Mr. Daniel Demers explain= ed that type of business he proposed to operate from his lot. He said he would like to process a= nd sell fire wood from his lot. = He said it would be a small business done part-time at night.

Mr. McNamara told the Boa= rd that Mr. Demers had gone before the Board of Adjustment and was granted a Special Exception with limitations. <= span style=3D'mso-spacerun:yes'>

Mr. Montbleau asked if by ‘processing’ it consisted of log splitting and chainsaws. Mr. Demers answered yes. Mr. Montbleau saw that the request= ed hours of operation was between 4pm and 7pm and wante= d to know if that was when equipment would be running. Mr. Demers said he worked a full-t= ime and the fire wood processing would be a part-time operation. Mr. Montbleau asked if the specifi= ed hours would be the time the equipment was run, but have the business run du= ring other hours. Mr. Demers said = he would try to keep the louder (chainsaw) part earlier. He said he worked a forty hour job= that had nothing to do with firewood. Mr. Montbleau asked if there would be operations on Saturday and Sunday. Mr. Demers said if he= had to he would only work four to five hours on Saturday; he would not work on Sunday. He said he told his neighbors that work wouldn’t begin on Saturday before 9am or 10am; they were fine with those hours.

Mr. McNamara noted that t= he testimony given to the Board of Adjustment was that the equipment would be small and not commercial grade. Mr. Demers said the splitter would be a small Honda possibly 12-13HP and the chainsaw would be a regular chainsaw.

Mr. Haverty asked for clarification of where Mr. Demers was located. Mr. Demers said his lot was located right before the Salem, NH line; there was nothing across the = street from him. Mr. Haverty asked t= he wood to be processed would be picked up or delivered. Mr. Demers said he would have some delivered, but eventually would like to pick it up instead. He said he would be delivering the= wood to the customers; no customers would be on site.

Mr. Montbleau asked if th= e wood delivered would be grapple loads. Mr. Demers answered yes and further informed that it would be brough= t in by a small tree service truck, not a tri-axle.

Mr. McNamara confirmed th= at it was a new business not currently in existence. Mr. Demers said it was a new busin= ess and he had no equipment at this time.

MOTION:

(Montbleau/Dadak) To ac= cept the plan for consideration. =

VOTE:

(7-0-= 0) The motion carried.

There was no public input= .

Mr. McNamara informed tha= t the Board of Adjustment conducted a site walk.= He said based on the applicant’s representations the business appeared to be a small-scale operation.&nb= sp; The area where the business would be conducted would be pushed back behind the applicant’s home and wouldn’t be in view of any pres= ent homes. Mr. McNamara said the = one concern he had was that the area of operation was 15ft.-20ft. from one of t= he side setbacks. He said were s= omeone to move to that lot, he cautioned the applicant that there should be some s= ort of physical barrier, whether it is trees, shrubs or a fence to shield the operation from any abutters. = He said the applicant was aware of this fact.= He said at the present time it was an innocuous site.

Mr. Haverty asked how muc= h prep work would need to be done in the (30ftx60ft.) staging area. Mr. Demers said there was a handfu= l of trees that would have to come down; the area was fairly level. Mr. Haverty confirmed that there w= ere no wetlands. Mr. Demers said the= re were no wetlands.

Mr. Montbleau asked if the applicant would object to a stipulation that the Saturday operation not beg= in prior to 9am. or l= ater than 6pm. Mr. Demers said that would not be a problem.

A motion was made to appr= ove the Site Plan with a stipulation for specified hours. Mr. Doherty asked for a further stipulation that a row of trees be planted along the back of the property.<= span style=3D'mso-spacerun:yes'> Mr. McNamara said at the present t= ime a buffer was not necessary. Mr. Demers noted that when he purchased his lot (10 years ago) he was informed = that the middle of the abutting lot was seasonal wet and wouldn’t be built upon.

MOTION:

(Croteau/Doherty) To ap= prove the Site Plan with the stipulation that business would be conducted Monday-Friday between 4pm-= 7pm (per the approved Special Exception) and on Saturday not be conducted pri= or to 9am or later = than 6pm.

VOTE:

(7-0-= 0) The motion carried.

Mr. Gowan noted that alth= ough not specified, it was implied that there would be no work conducted on Sundays.

OLD BUSINESS

Map 24 Lots 12-215 & 221&nb= sp; HARRIS, George Jr., George III & John – Ledge Road & Poplar Hill Road – Proposed 36-Lot Subdivision with 2 Open Space Lots= to be deeded to the Town of Pelham and Seeking a Special Permit for Wetland &a= mp; WCD Crossing

Mr. McNamara informed tha= t the applicant had requested to be date specified to January 24, 2008. They were in the process of respon= ding to concerns raised by Stantec.

The plan was date specifi= ed to January 24, 2008.

ADMINISTRATIVE

Map 36 Lot 10-10 Lake Mary of Pelham, LLC – “The Woodlands, Frontier Drive” off Dutton Road – Request for Bond Reduction

Mr. McNamara informed tha= t the applicant requested to be date specified to the January 24, 2008 meeting. There were some outstanding issues= that the applicant was trying to work out.

PUBLIC HEARING ON PROPOSED ZONING AMENDMENTS – First Public Hearing

Item #1: Add a new article (Article XV) to Pelham’s Zoning Ordinance to allow Conservation Subdivisions

The proposed Zoning Ordin= ance was read aloud. Mr. Gowan reviewe= d the proposed changes (that had been done by Mr. Doherty) and the purpose for such. He said Carolyn Russel = from the Department of Environmental Services and Nasha Regional Planning Commis= sion had reviewed; however, both Stantec and Town Counsel still had to review the proposed language. The Board discussed the language and agreed to have Mr. Gowan send it for legal review. He said the subcommit= tee would reconvene and begin to review/amend the Subdivision Regulations.

Item #2: Amend Article XI= I Special Exception, Section 307-76II, Minor Home Occupations.

Mr. McNamara read aloud t= he proposed language. The Board discussed the proposed changes. Mr. Haverty suggested having bullet 10 from General Home Occupation (off-street customer parking) be included in the language for Minor Home Occupations.

MOTION:

(Haverty/Dadak) To add = language to #4 of the Minor Home Occupation Article stating ‘Customer parking shall be provided off-street and may not be located within the required front, side or rear setbacks of the property.’

VOTE:

(7-0-= 0) The motion carried.

The Board then discussed = the percent of space that an occupation could utilize.= There was a consensus of the Board to keep 25% (with Mr. Doherty and= Mr. Croteau against). The propose= d language was acceptable with the caveat that it would have legal review. The language in the first paragrap= h was acceptable to the Board with the words ‘home office’ being deleted from the forth line.

Item #3: Amend Article XI= Sign Definitions and Restrictions, Section 307-69 CC, Political Signs.

The proposed zoning amend= ment was read aloud. There was discuss= ion regarding such.

MOTION:

(Doherty/Haverty) To de= lete the words ‘including Town of Pelham property’.

VOTE:

(6-0-= 1) The motion carried.

Mr. McNamara said he̵= 7;d like to condition the motion to put the language back in if Town Counsel suggests that it’s properly there.

To be in compliance with = the American Disabilities Act, Mr. Doherty suggested adding the words ‘or their designee’ to the sentence reading ‘Only the property owne= r or their designee may affix such signs…’

No motion was necessary b= ecause the wording was included in the draft being reviewed.

Mr. Gowan noted whatever = zoning was advertised for the second public hearing would technically in affect fr= om the date of the advertisement through the vote in March 2008 when the voters made a decision.

Town Counsel will review = the document any suggestions would be brought back to the Board for further discussion.

The second public hearing= would be conducted Janu= ary 7, 2008.

MINUTES

Novemb= er 26, 2007

MOTION:

(Croteau/Haverty) To ap= prove the November = 26, 2007 meeting minutes as written.

VOTE:

(6-0-= 1) The motion carried. Mr. Montble= au abstained.

Decemb= er 3, 2007

MOTION:

(Montbleau/Dadak) To ap= prove the December 3= , 2007 meeting minutes as written.

VOTE:

(7-0-= 0) The motion carried.

ADJOURNMENT

MOTION:

(Montbleau/Croteau) To = adjourn the meeting.

VOTE:

(7-0-= 0) The motion carried.

The meeting was adjourned= at approximately 9:50pm.

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; Respectfully submitted,

Charity A. L. Willis

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; Recording Secretary