July 7, 2011 Minutes

Pittsfield Planning Board
Town Hall, 85 Main Street
Pittsfield, NH 03263
Minutes of Public Meeting

DATE: Thursday, July 7, 2011

AGENDA ITEM 1: Call to Order

Chair Ted Mitchell called the meeting to order at 7:01 P.M.

AGENDA ITEM 2: Roll Call

Members present:

Jim Pritchard (JP, associate member), Pat Heffernan (PH, associate member), Fred Hast (FH, selectmen’s ex-officio), Clayton Wood (CW, vice-chair), Ted Mitchell (TM, chair), and Michelle Conner (MC, alternate).

Members absent: Peter Dow (PD, alternate) and Gerard Leduc (GL, selectmen’s ex-officio alternate).

AGENDA ITEM 5: Hearing requesting Waiver for Site Plan Review for allowing an in-law apartment to be constructed within the existing structure located at 17 Wildwood Drive, Pittsfield, NH 03263 (Tax Map R14, Lot 51) in the SUBURBAN Zone.

TM chose to do Agenda Item 5 as the next order of business to avoid the applicant having to wait a long time to reach what appeared to be a short hearing.

TM asked the applicant, Robert Hetu, to discuss his request.

Mr. Hetu said that he was just asking for an exemption from the site plan review process. He is not doing anything to the land or the structure. He is just putting a bed in the basement.

TM explained that Mr. Hetu was asking the planning board to waive site plan review for an in-law apartment within an existing structure.

Mr. Hetu said that his youngest son had left home. The number of people in the house would be the same as it was two years ago. The septic system was as big as Mr. Hetu could get it when he had the house built.

CW asked for confirmation that there would be no construction.

Mr. Hetu said that there would be no construction. Mr. Hetu’s mother-in-law is presently in Florida, has congestive heart failure, and may not live long. Mr. Hetu might want to put a bathroom or kitchenette in the basement.

CW moved to approve the exemption from site plan review.

PH seconded the motion.

Discussion: No further discussion.

Vote to approve the exemption from site plan review: carried 5 – 0 – 0. (Voting “yes”: JP, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The exemption from site plan review is approved.

AGENDA ITEM 4: A Public Hearing for application for a Site Plan Review filed by Linda Martin, 145 Thompson Road, Pittsfield, NH 03263 to conduct outdoor amusement (Mud Run) on property located at 145 Thompson Road, Pittsfield, NH 03263 (Tax Map R25, Lot 1). Property is owned by Linda Martin, 145 Thompson Road, Pittsfield, NH 03263 and located in the RURAL Zone.

JP disqualified himself and left the board.

MC sat in place of JP.

TM read the notice of public hearing.

TM called for a motion to accept the application as complete.

PH moved to accept the application as complete.

FH seconded the motion.

TM called for a vote to accept the application as complete.

Vote to accept the application as complete: carried 4 – 0 – 0. (Voting “yes”: MC, PH, FH, and TM. Voting “no”: none. Abstaining: none. Not voting or abstaining: CW.) The application is accepted as complete. (But see subsequent board discussion vacating the vote.)

CW asked whether there would be discussion and whether the board had Police Chief Wharem’s report.

TM said that the police report was in the members’ folders.

TM explained to the public that town boards have separate jurisdictions. The planning board does not have authority to reverse the decision of the board of adjustment. The planning board will make sure that the application is complete, that conditions are set, and that waivers are allowed on the basis of information and discussion that the board has tonight. The applicant will explain her project to the board. The board will then hear public input. Each speaker should state clearly his or her name and address and should address all comments to TM, not to anyone else.

CW said that the board needed to review the request for waivers before the board accepted the application.

TM said that the board must do that review before hearing public input.

CW repeated that the board needed to review the request for waivers before the board accepted the application.

JP, speaking from the audience as the board’s recorder, asked whether the board had already voted to accept the application as complete.

CW said that he had asked for time to look at it, and then he realized that the board had not voted on the request for waivers. The board should remove the motion from the floor.

JP said that he was confused.

TM asked who had made the motion.

PH said that he had made the motion.

JP said that PH had moved and FH had seconded. JP asked didn’t the board vote?

TM said yes.

Bill Miskoe, a member of the public, said that the board did not vote to accept the application.

CW said that he had asked for some time to look at the police chief’s report.

JP asked for confirmation that the board had not voted.

CW said that he had not voted.

TM said that the board had “jumped the gun.” The board needs to do the waivers first. The board must review the waivers before the board votes to accept the application as complete. TM asked PH and FH to withdraw their motion and second.

PH and FH withdrew their motion and second.

TM apologized for the mistake. TM asked the board if everyone had the waivers available.

Bill Miskoe, a member of the public, asked to make a point of order. Mr. Miskoe suggested that the board should first vote to accept the application as complete, then review the request for waivers, and then go into the procedure.

TM said that reviewing the request for waivers comes first, then completion.

TM read each of the individual requests for waivers as follows:

Items 8, 23, and 43, to waive the U.S.G.S. topographical data, benchmarks, and contours.

FH moved to approve the waivers.

PH seconded the motion.

Discussion: None.

Vote to approve the waivers for Items 8, 23, and 43: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The waivers for Items 8, 23, and 43 are approved.

Items 19 and 46, for survey of the property boundaries with monumentation.

FH moved to approve the waivers.

PH seconded the motion.

Discussion: None.

Vote to approve the waivers for Items 19 and 46: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The waivers for Items 19 and 46 are approved.

TM recognized Linda Martin, the applicant. She asked why JP is being the secretary and is not on the board.

TM explained that JP had disqualified himself.

Linda Martin asked if she could know why JP had disqualified himself.

TM said that she did not need to know. Disqualification is JP’s decision.

Items 21 and 22, wetlands locations and existing vegetation.

FH moved to approve the waivers.

PH seconded the motion.

Discussion: None.

Vote to approve the waivers for Items 21 and 22: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The waivers for Items 21 and 22 are approved.

Item 26, for setback locations and building dimensions.

FH moved to approve the waiver.

PH seconded the motion.

Discussion: None.

Vote to approve the waiver for Item 26: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The waiver for Item 26 is approved.

Item 44, for a landscape plan.

PH moved to approve the waiver.

FH seconded the motion.

Discussion: None.

Vote to approve the waiver for Item 44: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The waiver for Item 44 is approved.

Item 48, for an erosion and sedimentation control plan.

FH moved to approve the waiver.

PH seconded the motion.

Discussion: None.

Vote to approve the waiver for Item 48: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The waiver for Item 48 is approved.

Item 49, for a drainage plan.

FH moved to approve the waiver.

PH seconded the motion.

Discussion: None.

Vote to approve the waiver for Item 49: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The waiver for Item 49 is approved.

Item 50, for a transportation study.

PH moved to approve the waiver.

FH seconded the motion.

Discussion: None.

Vote to approve the waiver for Item 50: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The waiver for Item 50 is approved.

TM called for a motion to accept the application as complete.

FH moved to accept the application as complete.

PH seconded the motion.

Discussion: None.

Vote to accept the application as complete: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The application is accepted as complete.

TM asked the applicant to present her project.

Linda Martin’s son and daughter, Dana Martin, 44 Mullen Drive, and Doris Carney, 125 Thompson Road, presented for Mrs. Martin.

FH asked who had helped the Martins with the application checklist.

Doris Carney said that Matt Monahan had helped them.

CW said that Matt had done a good job. The board’s site plan review regulations do not address this type of project.

TM opened the hearing to public input at 7:18 PM.

Bill Miskoe, 61 Thompson Road, said that he is not an abutter, but he lives nearby. The project has been happening for the eight or 10 years that Mr. Miskoe has been there. He thinks that the impact on the neighborhood is minimal, and he supports the project. More importantly, this project will bring people into Pittsfield for an enjoyable event. There is a noise and traffic impact, but that impact is minimal, and the positives of this project are much greater than its negatives.

Dan Greene, 80 Will Smith Road, asked, “what was Matt’s take on this?”

TM said that Matt Monahan makes sure that the paperwork is done correctly. He would have attended this meeting, but the Coast Guard called him to duty for the rest of the month.

CW said that this meeting would have been a good meeting to have Matt Monahan present. Matt’s main concern was safety—fire and police.

Bill Miskoe asked whether the police and fire chiefs signed off?

CW said that he was not saying not to go ahead. CW was identifying the main issues. Matt does not recommend for or against. He is a planner. He makes sure that the paperwork is complete and in order.

Dan Schroth, 295 Clough Road, read Article 38 of the NH Constitution.

Paul Richardson, 595 Tilton Hill Road, suggested that the board should record the time when the board began hearing public input.

Lance Houle, 280 Thompson Road, said that the board of adjustment meeting had been a waste of time. The planning board had waived the requirement for a plan to control erosion and sedimentation. The trucks running through the mud pit cause a lot of erosion.

TM explained that the planning board is not saying that no erosion happens. The erosion that will happen is minimal and does not require a study.

Lance Houle did not agree that the erosion would be minimal. Mr. Houle questioned whether this project was on land that is current-use assessed.

Linda Martin, the applicant, said that Cara Marston, the selectmen’s administrative assistant, had reviewed the matter. Mrs. Martin has four acres out of current-use assessment. The state will do the measurement after the next event.

Lance Houle said that land in current use appeared to be part of the project.

Linda Martin said that she mows hay on that land.

TM said that the state will come and make sure that the appropriate land comes out of current-use assessment.

Pat McManus, 280 Thompson Road, said that the board had waived the requirement for a traffic study. The project is on a dirt road and will have a lot of traffic. The intersection of Johnson Road and Route 107 is hazardous under normal conditions. That intersection should have a police officer. The bottom of the hill is dangerous, too.

TM said that the police report addresses the traffic situation.

Pat McManus said that she was told at the selectmen’s meeting that this would be a free event, but the Martins do not advertise it as free, and they wait at the gate and collect $12.00 and $10.00.

Linda Martin said that the payments are donations. The project is not a big profit event. Staging one of these events costs a lot of money.

Doris Carney said that the donations go to operational expenses such as porta-potties, insurance, printers, pizza, and prizes. “It’s not a profit.”

Bill Miskoe said that the police chief, not the planning board, would decide whether the intersection of Johnson Road and Route 107 needed a police officer.

Dana Martin said that the project had not been profitable so far.

Romeo Dubreuil, 59 Johnson Road, said that all vehicles going to the event have to drive by his house. The road is a dead end, so the traffic passes his house twice. The project was at the board of adjustment, and, under state law, the project was supposed to satisfy all of the special exception conditions. The board of adjustment voted down two of those conditions but approved the project anyway. If the planning board approves this project knowing what the board of adjustment did, then does the planning board make a mistake?

TM said no. The planning board cannot second-guess another board. Even if the board of adjustment did something wrong, the planning board is without legal authority to second-guess the board of adjustment. The planning board’s job is to make the event as safe and convenient as possible for everyone involved.

Romeo Dubreuil said that he was concerned about how many days the event will actually occupy? The event is supposed to occupy one day, but vehicles arrive before the event, and they leave after the event. The vehicles are big, such as tractor trailers and tow trucks. Is there some way to limit the event to one day and not five days? Mr. Dubreuil asked for a copy of the police report.

TM and CW said that the police report is public record.

Romeo Dubreuil asked whether TM would read the police report.

TM said yes.

Romeo Dubreuil mentioned the number of attendees and the number of tickets sold. The crowd has a big impact on the residences in the area. There is only one way in and one way out. The New Hampshire Department of Transportation (“NHDOT”) did a sight review. The speed limit on Route 107 is 40 miles per hour, and the sight distance to the right is 70 feet. The NHDOT would not allow a driveway at the intersection of Johnson Road and Route 107 if Johnson Road were not there. How many trucks will be allowed to participate? This neighborhood is residential. There is a noise ordinance that the town is supposed to enforce but is ignoring in granting the special exception. People are coming from all over New England. How large will this event become? Because the town is ignoring the noise ordinance, should the event have time limits to start and finish?

Doris Carney said that the event is one day. She admitted that some trucks do arrive Friday night and that some trucks do leave on Sunday. But the event starts at 11:00 AM and ends before dark. The road is not dead end. There are two ways out. The NHDOT study is suspect because, if the intersection is so dangerous, then why is Johnson Road there?

TM said that Johnson Road was there before zoning.

Linda Martin said that no more than two tractor trailers have attended.

Romeo Dubreuil said that he used the term “tractor trailer” to mean any tow truck with a long bed, or any truck with a trailer. He was talking about big trucks hauling big trailers carrying other big trucks.

TM closed public input at 7:42 PM.

TM asked the board to look at the reports from the department heads.

TM read in full a letter from Amy Dickens and Cynthia Hayden, both abutters living at 535 Clough Road. In brief, the letter presents the authors’ concerns that the intersection of Johnson Road and Route 107 is very dangerous. The letter asks that the planning board be mindful that the traffic and noise of the event have a significant impact on the neighborhood and decrease property values.

(Editorial explanation by planning board recorder and member Jim Pritchard: The letter refers to “Thompson’s Road’s intersection with NH Route 107,” but the authors clearly mean Johnson Road’s intersection with NH Route 107 because the authors describe the intersection as “located on a curve at the top of a steep hill.”)

TM read in full the police report. In brief, the report discusses the following matters:

a. Security. Private security may be adequate, but police services may be necessary if the event grows. The police chief will decide this requirement.
b. Alcohol and drug use should be banned.
c. The traffic going to and coming from the event should be monitored to protect the neighbors’ properties.
d. The intersection of Johnson Road and Route 107 is the most serious police concern. Vehicles exiting Johnson Road should be required to turn right only. Route 107 should have signs directing traffic, and a person should direct traffic out of Johnson Road. At the peak exiting time, a police officer should be present and use blue lights to slow traffic at the intersection of Johnson Road and Route 107.

MC asked the Martins how they would implement the police recommendations.

Doris Carney said that the signs were a good idea.

TM suggested discussing conditions to implement the police recommendations.

PH asked the Martins whether there had been any “fender bender” or serious traffic accident in the area. Has any mud truck flipped over in the road?

Dana Martin said that a mud truck had come off a trailer on Thompson Road.

PH said that the police suggestions were just that—suggestions.

TM said that the board should impose conditions to implement those suggestions.

CW asked the Martins how they were currently implementing security.

Doris Carney said that they had a security staff of about 40 people dispersed throughout the event. 32 staff people and 10 other people in plain clothes.

CW asked how many of the 32 staff people were not involved with trucks. Half?

Doris Carney said yes.

CW asked how the Martins were controlling the use of alcohol.

Doris Carney said that attendees must check all coolers at the gate. Six or seven people run the gate.

CW asked what the Martins are doing to protect the neighbors’ properties.

Doris Carney said that all parking is on the Martin property.

TM asked about an emergency entrance.

Doris Carney said yes, and that the entrance was marked.

TM asked if there had ever been any alcohol-related incident.

Doris Carney said no. The Martins once told someone at the gate that he would have to leave his cooler containing alcohol at the gate, which he did.

Dana Martin asked whether “someone trained in traffic control” could be a civilian.

TM said yes, but “a hired officer with a cruiser at the end of Johnson Road” is a police officer.

Dan Kramer, the town’s building inspector, said that the police chief’s recommendation to turn only right makes a big difference. A police officer might be necessary to enforce the right-turn-only rule.

FH asked the Martins whether the new shirts would have “SECURITY” written on them.

Dana Martin said yes.

CW asked the Martins to confirm that they are doing nothing at the intersection of Johnson Road and Route 107.

Dana Martin said that they are currently doing nothing at that intersection.

Doris Carney said that the Martins would direct traffic at the intersection of Johnson Road and Route 107 if necessary.

MC asked the Martins for clarification of the need for police services if the event grows.

Doris Carney said that the event could not grow much with only three days of the year. The police have come in recent events.

MC asked for clarification of who would protect the neighbors’ properties.

TM said that the private staff would protect the neighbors’ properties. TM asked about trash collection.

Doris Carney said that her mother and her daughter collected the trash.

MC said that the police appeared to have been talking about security during the event to protect the neighbors’ properties. The Martins appear to have security for their own property but not necessarily for neighbors’ properties.

Doris Carney said that the Martins have little control over what people do after the people leave the Martin property.

TM next referred to the letter from Dave’s Septic Services, which provides the porta-potties.

FH said that the Martins had porta-potties in the lower area. Would the Martins be willing to put two porta-potties up near the gate? Porta-potties there would avoid people relieving themselves on Johnson Road.

Doris Carney said yes.

FH said that people do relieve themselves on Johnson Road.

TM referred to the fire department report. There must be sufficient access for fire trucks and ambulances going to parking or spectator areas.

TM referred to the wastewater treatment report. Wastewater treatment is irrelevant because the event does not impact this municipal service at all.

PH and FH said that George Bachelder, head of the highway department, had approved the project.

TM asked about the dust from the road.

FH asked the Martins whether they would buy a ton of chlorine for George Bachleder to spread on the road to contain the dust.

Doris Carney said yes.

PH and TM asked the Martins whether they would spread water on the road.

Dana Martin said yes.

MC referred to the erosion concerns and asked about a silt-control fence.

Doris Carney said that they used a silt-control fence to keep the mud in the pit. Mud on trucks goes home to the truck owner. The Martins discussed how they maintained the pit.

CW asked whether the Department of Environmental Services (“DES”) had inspected the site.

Doris Carney said yes. The DES had found no problems.

CW asked about the number of cars. The project can accommodate 600 cars. What is the plan for growth?

Doris Carney said that the Martins have additional field acreage available.

CW asked for confirmation that people will not park on neighboring property.

Doris Carney said that people will not park on neighboring property. Doris Carney is an abutter, and she will let her land be used if necessary.

CW asked about the status of the current use assessment.

Linda Martin said that she had talked to Cara Marston and that the state will view the property after the next event.

PH liked the idea of making people turn right to send them into town.

TM reopened the hearing to public input at 8:16 PM.

Bill Miskoe said that he was still in favor of the project.

Pat McManus said that the road in the back is not maintained.

Dan Schroth said that making people turn right off of Johnson Road onto Route 107 was a bad idea because they will turn around in Berry Pond Road, which is more dangerous than turning left off of Johnson Road.

Dan Kramer, the building inspector, defended the right-turn-only rule.

Dan Schroth disagreed.

Romeo Dubreuil said that he was concerned about how large the event would get. Practically, there is only one entrance. The traffic will inconvenience him. The board waived the traffic-study requirement. The police report referred to a traffic study.

FH said yes, the board did waive the traffic study.

CW said that a traffic study is designed for a whole year, not one day.

Romeo Dubreuil again asked how big the event would get? 3000 people? There are overnight campers. People come and camp out.

Linda Martin said that the only campers on the property were hers and her sister’s.

Dan Greene said that most of the objections are to things that are not illegal.

Rick Chatwin, 145 Thompson Road, said that the project runs from 11:00 AM to dark. There is only so much time. The event will not get bigger.

John Hanlon, 99 Thompson Road, has no problem with the project.

Denise Morin, 86 Johnson Road, said that the Martins had added a public-address system. Ms. Morin can hear the announcements in her home.

TM said that the public-address system would face into the woods.

TM closed public input at 8:28 PM.

TM asked about what conditions the board should impose.

PH saw no need for conditions. The Martins have covered everything. The ambulance is available, and EMTs are on site.

Doris Carney said that the Martins have two licensed EMTs.

MC asked if the EMTs have medical kits.

TM said that he wanted a police officer on Route 107 at the end of the event.

CW wants to let the police do their jobs. If the event gets too big, Chief Wharem can shut it down.

TM asked the Martins if they will have signs on Route 107?

Doris Carney said yes. The signs will be temporary.

TM asked if the Martins will have shirts with “SECURITY” printed on the back?

Doris Carney said yes.

FH asked if the Martins will put two more porta-potties at the entrance.

Doris Carney said yes.

CW moved to approve the site plan without conditions.

PH seconded the motion.

Discussion: No further discussion.

Vote to approve the site plan: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The site plan is approved.

TM called a recess at 8:33 PM.

TM called the meeting back to order at 8:45 PM.

AGENDA ITEM 7: Building Inspector Report

MC left the board, and JP returned.

TM asked JP to discuss the parking-related definitions (“gross floor area” and “street”) while building inspector Dan Kramer was present.

JP said that “gross floor area” and “street” are terms that Article 16 uses but that the zoning ordinance does not presently define. JP got “gross floor area” from a book of development definitions. JP compared the definition with definitions that other zoning ordinances use. The definition seemed consistent with what other municipalities are doing.

Dan Kramer, the building inspector, suggested defining “gross floor area” without the exception of area where the floor-to-ceiling height is less than 6 feet. Dan suggested defining a second term “habitable space,” which would except area where the floor-to-ceiling height is less than 5 feet.

Dan Kramer and JP discussed the two approaches to define area. Dan will get more information for JP tomorrow.

Dan Kramer said that the Family Dollar store is underway.

Dan Kramer said that Thompson Firearms will move into the Pittsfield Weaving building on Fayette Street. Dan said that the building was in a residential area, and he asked whether Thompson Firearms would have to go to the ZBA.

FH said that the building is in the Light Industrial/Commercial District.

Dan Kramer said that the new owner will demolish the old Gray’s Western Auto store.

AGENDA ITEM 4: A Public Hearing for application for a Site Plan Review filed by Linda Martin, 145 Thompson Road, Pittsfield, NH 03263 to conduct outdoor amusement (Mud Run) on property located at 145 Thompson Road, Pittsfield, NH 03263 (Tax Map R25, Lot 1). Property is owned by Linda Martin, 145 Thompson Road, Pittsfield, NH 03263 and located in the RURAL Zone.

TM said that the board had failed to vote on whether the Martin project was a development of regional impact.

JP disqualified himself and left the board.

MC sat in place of JP.

CW moved that the Martin project is not a development of regional impact.

FH seconded the motion.

Vote that the Martin project is not a development of regional impact: carried 5 – 0 – 0. (Voting “yes”: MC, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The planning board finds that the Martin project is not a development of regional impact.

AGENDA ITEM 3: Approval of Minutes of June 16, 2011

MC left the board, and JP returned.

CW moved to approve the minutes of June 16, 2011, as written in draft.

FH seconded the motion.

Discussion:

TM asked for the following changes:
Agenda Item Added (pages 2 and 3): change “Dollar Store” to “Family Dollar store” in two places.
CW asked for the following change:
Agenda Item 5 (page 7): change “Mug” to “Mud”
JP asked for the following change:
Agenda Item 7 (page 10): change “on deeds” to “on tax deeds”

TM called for a vote on the minutes with the changes that TM, CW, and JP requested.

Vote to approve the minutes of June 16, 2011,with the changes that TM, CW, and JP requested: carried 5 – 0 – 0. (Voting “yes”: JP, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The minutes of June 16, 2011, are approved with the changes that TM, CW, and JP requested.

AGENDA ITEM 6: New Business

AGENDA ITEM 6, a: Alteration of Terrain Application – Stage Coach Condominiums

JP disqualified himself and left the board.

MC sat in place of JP.

TM explained that the letter from McCourt Engineering Services, PLLC (representing AHG Properties, Inc.) is just for information.

FH said that the letter had nothing to do with the planning board.

CW said that the letter was just a reapplication for an expired permit.

AGENDA ITEM 6, b: Merrimack County Conservation

MC left the board, and JP returned.

The planning board has received a letter from the Merrimack County Conservation District (“MCCD”) advertising their services in land use matters.

TM explained that the MCCD is seeking business.

JP said that the board might want to keep MCCD in mind for erosion-control situations.

TM said that the Central New Hampshire Regional Planning Commission should be able to provide the same services as MCCD.

AGENDA ITEM 8: Selectmen’s Report – Fred Hast, Selectman Ex Officio

FH said that things are still quiet on the board of selectmen. The selectmen are still working on tax deeds.

TM asked if a property on Tilton Hill Road and with a lot of junk on it had just been tax deeded.

FH said yes. The selectmen are trying to get a dumpster to remove the trash.

TM asked about the condition of the building and what it is worth.

FH said the building is assessed at $41,000, but the town will have to demolish it.

TM said that he would like to see that lot used as parking for the ball field.

AGENDA ITEM 9: Members Concerns

Members concern 1: TM’s letter to the Suncook Valley Sun.

TM asked for feedback on his letter to the Suncook Valley Sun. In brief, the letter discusses (1) the board’s waiving site plan review for a minor driveway change at the Family Dollar store, (2) the board’s review of draft Article 16, Parking Regulations, and (3) the board’s preliminary discussions of draft Article 5, Section 3, Powers of Zoning Board of Adjustment; draft Article 6, Special Exceptions; and draft Article 7, Variances.

TM said that the draft Article 16 should go on the blog.

JP asked about posting the area definition, which Dan Kramer did not like.

TM agreed that the draft Article 16 was ready and should go. The board will delay posting the definitions until JP can research the matter with Dan Kramer.

The board agreed that TM’s letter is good.

Members concern 2: TM’s concern with the new state law about alternates participating in land use board meetings.

TM read an e-mail from JP to TM explaining that the state legislature had adopted RSA 673:6, V, allowing land use boards to allow alternates to participate in board meetings as nonvoting members according to the board’s rules of procedure. The state legislature revised RSA 676:1 to say in part, “The rules of procedure shall include when and how an alternate may participate in meetings of the land use board.” The law took effect on July 6, 2011. TM asked board members to think about how the planning board should revise its rules. The board will discuss the matter next meeting.

JP asked if he should distribute to the other board members the message that he had written to TM.

TM said yes.

CW asked for an explanation of the new law.

JP said that a board’s rules of procedure may allow alternates to participate in board meetings. Participation may range from none to everything that a full member can do except vote. Whatever the participation may be, the rules of procedure must define it.

AGENDA ITEM 12: Public Input

(Editorial explanation by planning board recorder and member Jim Pritchard: The agenda for July 7, 2011, had no item number 10 or 11.)

Dan Greene asked wasn’t Matt Monahan supposed to simplify things more than they were tonight?

TM said that the board needs a permitting process for special events.

FH asked why the Mud Run project was a major site plan?

CW said that Matt Monahan did a good job because the main issue for the planning board was safety. The applicant addressed that well. Matt did simply the process. The board got the police report only yesterday.

AGENDA ITEM 13: Adjournment

PH moved to adjourn the meeting.

FH seconded the motion.

Vote to adjourn the planning board meeting of July 7, 2011: carried 5 – 0 – 0. (Voting “yes”: JP, PH, FH, TM, and CW. Voting “no”: none. Abstaining: none.) The planning board meeting of July 7, 2011, is adjourned at 9:15 PM.

Minutes approved: July 21, 2011

______________________________ _____________________
Ted Mitchell, Chairman Date

I transcribed these minutes (not verbatim) on July 9, 2011, from notes that I made during the planning board meeting on July 7, 2011, and from copies of the two Town tapes that Chairman Ted Mitchell made on July 8, 2011.

____________________________________________
Jim Pritchard, planning board recorder and associate member

2 Town tapes.