Pittsfield Planning Board
Town Hall, 85 Main Street
Pittsfield, NH 03263
Minutes of Public Meeting MARCH 1, 2007
ITEM 1. CALL TO ORDER
Meeting called to order at 7:05 P.M. by Bill Miskoe, Vice Chairman.
ITEM 2. ROLL CALL
Members Present: Bill Miskoe (BM), Vice Chairman, Donna Keeley (DK),
Eric Bahr (EB), Rich Hunsberger (RH), Daniel Greene (DG),
Peter Newell (PN), Alternate, David Simpson (DS), Alternate, Larry
Konopka, (LK) Alternate and Delores Fritz, Recording Secretary.
Members Absent: Paul Metcalf, Jr. (PM), and Ralph Odell (RO).
ITEM 3. ELECT NEW CHAIRMAN
(BM) Since the Chairman’s position is vacant, we need to elect new
Chairman. I nominate Eric Bahr, (DS) Second.
(DK) related that she will be voting today as she felt that she could make an
unbiased decision. At the present time, Dan Schroth has related that he will
be making a complaint to the Ethics Committee in regard to my recusing
myself. I will not be recusing myself today. (DS) suggested that before we
vote, is there anyone else. (BM) related discussion is open to public. (PN)
related that there should be no public input on this, and that it should be a
Planning Board internal vote. (BM) related that it would be a paper ballot
vote.
Fred Hast related that you should not be asking for nominations from public
and why should it be a paper ballot if you only have one nomination. It is a
waste of time. (BM) related he was doing it the best way that he could and
that there would be a paper ballot. (Delores Fritz counted votes and vote
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was unanimous for Eric Bahr.) (BM) Congratulations, Eric, and good luck.
ITEM 4. TRIGGER DEVELOPMENT – ROAD BOND
(BM) We will table this to later in the meeting.
ITEM 5. INSPECTION REPORT – Michael McLaughlin, Building
Inspector and Gary Johnson, Fire Chief, regarding property located at 12
Broadway, Pittsfield, NH 03263 (Map U-2, Lot 1). The property is owned
by Walter Jensen, P.O. Box 2645, Concord, NH 03302. The property is
located in the Commercial Zone.
(EB) I would like to recommend that on March 12th the only thing we have
on the agenda is this public meeting. There is a School Board meeting on
that date and I would like to attend that meeting right after the Planning
Board meeting. (BM) we have the Building Inspector’s report who is unable
to attend tonight and Fire Chief Johnson’s report. Chief Johnson, is there
anything you would like to add tonight? Fire Chief Johnson related that
there were a couple of things he would like to reiterate. There will be no
watchman’s apartment until the sprinkler system is installed. Signed copies
of Agreement and what we agreed to were sent to him to insure his
compliance. It was a productive meeting and applicant had accomplished a
number of things and had spent time and money in doing them. He appears
willing to comply. (DS) the watchman’s apartment is not approved. I have
discussed this with town attorney and we apparently skipped a step. We are
still hearing phases of revocation so there is no need for a public hearing.
We can have a public hearing just to decide if we want a public hearing.
(BM) on March 15th we can vote on limited revocation. (DS) we can revoke
part of it or all of it. (RH) related his variance had been granted and any
changes are to be done within two years. He has till 2009 to get the sprinkler
system up and running. (BM) he has two weeks to get some permits for
electrical work. Fire Chief Johnson related that the watchman’s apartment
remains unoccupied until the sprinkler system is functional. He can either
tear it out or redo it. Mr. Jensen related that it would be cost prohibitive to
remove it and will upgrade it. Fire Chief Johnson reviewed the items as
noted in his letter/Agreement regarding fire doors, furnace, emergency
lighting, placement of housekeeping items, ductwork, outside pallets,
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dumpster, snowplow, field gauge and heater.
A discussion ensued regarding the updating of the electrical system and
sprinkler system and how it is tested before approved, pallets placement and
removal. (DS) specified that these pallets must remain away from Town’s
right of way. He requested that the Building Inspector and the Fire Chief be
present at the March 15th meeting. If these reports have not been sent to
Walter Jensen, it was requested that this be done. Fire Chief related that his
report had been sent. (DS) related that Mr. Jensen should be given ninety
(90) days to conform to the items listed in Building Inspector and Fire
Chief’s report. Mike can go down and give progress report. (BM) related
that Board is under remand from Superior Court and Board should report to
Court in response to what Court has mandated. It was suggested that the
Town Attorney get involved. (EB) related that the Board knows there is a
partial revocation at least and we have to know what procedure to go
through to eliminate the watchman’s apartment.
Rich Hunsberger recused himself and was seated in audience.
ITEM 6. CONTINUED PUBLIC HEARING AHG PROPERTIES,
INC. regarding 12-unit single family residential condominium clustered
development on Thompson Road, Pittsfield, NH 03263 (Map R-44, Lot 1).
(DK) related that the Board of Selectman had not yet discussed
Atty. Sullivan’s recent synopsis of the Thompson Road issue and the
bonding issue.
The issue of road bond and restoration bond was discussed in detail between
the Board and Atty. Sullivan. Jennifer McCourt related they would not be
looking for building permits until the bond was set. The issue of bonding
private property, restoration bond, and road completion was discussed as
well as water supply for fire purposes and sprinkler system and Tintersection
as suggested by Tony Puntin. The Board discussed also what
would happen if for some reason, condo association did not succeed.
Atty. Sullivan related that the condo association would be created
immediately even though there are no actual people. (DS) suggested that it
would be advisable to have Tony Puntin in at next hearing regarding these
matters (April 19th) to have him address bonding and utilities issue. Also,
legal review would be helpful. (DS) Motion to continue to date certain
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April 5, Second DK. After discussion because of unavailability of Jennifer
McCourt, Motion was changed to continue to date certain of April 19th,
Second DK. (Both DS and DK were in agreement to motion for date certain
on April 19th.)
Open to public input – None. Closed to public input. Unanimous, Carried.
RECESS AT 8:05 P.M. MEETING RESUMED AT 8:10 P.M.
Peter Newell recused himself from next public hearing and was seated in
audience.
ITEM 7. CONTINUED PUBLIC HEARING FOR REVIEW OF
PROPOSED ROAD AND SPRINKLER PLANS ON GOVERNORS
ROAD, Pittsfield, NH 03263 for proposed eight-lot subdivision
(Tax Map R-43, Lot 10). The property is owned by Paul and Melissa
Bicknell of 195 Governors Road, Pittsfield, NH 03263. The firm
subdividing the property is James Mullaney, DBA: Juniper Hills Builders,
89 South State Street, Concord, NH 03301. The property is located in the
Rural Zone.
Mr. Mullaney distributed “process prints” which he related had already been
delivered to the Building Inspector earlier this afternoon. He noted the Board
could make any comments or suggested changes and then engineer will
review and then stamp. Mr. Mullaney related that the proposed fire pond
was still under discussion as he had not been able to reach the owner who is
apparently gone most days and has no answering machine. The issue of
whether it would be feasible to use the fire pond or have sprinkler systems
installed was discussed. He related that he is aware that it will soon be
mandatory that all homes have sprinkler systems and if that occurs, then he
will be in compliance with that. (DK) related “hypothetically, houses will
burn down. What is the general feeling about doing sprinkler systems.” Mr.
Mullaney related that other homeowners in the same area do not have
sprinkler systems, but again, if it is mandatory then they will be in
compliance. (DG) related that sprinklers do not put out fires but give the fire
department a chance to respond and for people to get out of home. (BM)
related that he was not sure where the eight lots existed and it was explained
that the process prints only show the top half of the proposed plans. He
explained that the road was straightened out. (EB) related that probably
Tony Puntin would be here on April 19th and this should be continued until
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that date when he is present (DK) wanted to reiterate that she did not mean
anything against the Fire Department but it is just a practicality that homes
do burn down.”
(EB) Open to Public Input. Since John Lenaerts was the only member of
audience, he was asked for any response he would have, but he related that
he had nothing to state at this point. (DS) Motion to continue to date certain
April 19, 2007, Second DG. Unanimous, Carried.
Mr. Mullaney requested that hopefully Board would be able to vote on this
on that date. It was related that would be dependent upon any comments by
Tony Puntin if Board was able to decide at that time.
Peter Newell returned and was seated on Board.
ITEM 8. APPROVAL OF MINUTES OF FEBRUARY 15, 2007.
(DS) Motion to accept minutes of February 15, 2007. (DG) Second. (DS),
(BM), and (DG) assented. Abstain: (RH), (PN), (DK), and (EB). Carried.
ITEM 4. TRIGGER DEVELOPMENT – ROAD BOND
Board agreed that this was for informational purposes only and all agreed.
ITEM 9. SELECTMAN REPORT
(DK) related that Ralph Odell cannot be an alternate as he related that he
couldn’t make it to meetings. (DS) wanted to know if Board of Selectman
had advertised for new Planning Board member. (DK) related that “yes, that
has been done.” She suggested sending letter to Town Administrator
regarding the terms of the current Planning Board members.
ITEM 10. PUBLIC INPUT
John Lenaerts reiterated that land/use board members should be recusing
themselves when they are an abutter to property in question.
(DK) related that the Board of Selectman had discussed this and if you are
an abutter to project/property, it is important that any land/use board
members recuse themselves and it should be recommended that this be a
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standard practice. (DS) related that the Rules of Procedure are not
enforceable in this regard and (DK) suggested that the Board could change
this. (DS) related that if it is not enforceable, why try. (DK) related that
Board should at least try. (DS) related that he is all for changing the
Regulations accordingly. Board discussed ways and means and who should
change Rules of Procedure in this regard. It was determined that having this
included would be a good idea. (BM) suggested that members could sign
Rules of Procedure as acceptance. (EB) suggested Board ask Board of
Selectman or Ethics Committee for ideas on how to word this. (DK) related
that it was a good idea but it should not be the Board of Selectman. The
Planning Board should not make it more than it is. (DS) related, ultimately,
the Board should vote on whether person recuses himself or herself.
Mr. Lenaerts related that it should not be sent back to Board of Selectman
and that he did not think it was within the province of the Ethics Committee
to do. He related that it simply should be put in Rules of Procedure that a
Board member is expected to stand down if they are an abutter. He related
that he had been involved in “town business” for 13 years and it had never
come up before this. (BM) related, “We are an autonomous Board, and we
make the rules.”
A discussion resulted as to the terms of various Board members. As far as
could be determined (DS) – 08; (DG) – 08; (EB) – 09; (BM) – 08;
(RH) – 09. It was thought that (PM) and (RO) were both 07.
(DS) suggested they ask Liz for a list of terms for the various Board
members.
ITEM 11. MEMBERS CONCERNS
(BM) related that this was Donna’s last meeting. He wanted to thank her on
behalf of the Board for everything. (DK) related that she had enjoyed sitting
on the Planning Board.
ITEM 12. OLD BUSINESS
Missing minutes for 2006 was discussed. Board members promised to
check personal records to see if they had any available. (RH) related that in
other towns, once Minutes have been approved, tapes are destroyed. This
way, tapes cannot “come back to haunt you.” (BM) related that sometimes,
as complete as minutes can be, there is something that might be left out of
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the minutes. (RH) related that sometimes this can create more conflicts and,
perhaps, time periods for keeping tapes could be established.
ITEM 13. ADJOURNMENT
(DS) Motion to Adjourn, (BM) Second. Unanimous.
Meeting adjourned at 8:50 P.M.
_______________________ _________________________
Bill Miskoe, Vice-Chairman Date
APPROVED:APRIL 5, 2007
Date