Members present: Betsy Castro, Mark Whitehill, Bruce Johnson, Selectmen’s Rep. Stuart Draper, Matt Fish and Alec MacMartin, Alt. David Holder, Alt. Dawn Tuomala, Alt. Brian Sullivan and Steve Wagner from NRPC.

Meeting called to order at 7:36pm by Co-Chairperson Mark Whitehill.

VOTE: Betsy Castro made a motion to accept the minutes as amended.  Bruce Johnson seconded the motion.  Motion passed.

July 22, 2003 Work Session:
VOTE: Bruce Johnson made a motion to accept the minutes as posted.  Matt Fish seconded the motion.  Alec MacMartin and Betsy Castro abstained.  Motion passed.

The applicant did receive a letter from the Souhegan River Local Advisory Committee upon which Mr. Sousa contacted Angela Rapp from NPRC and a committee member.  The property is on the west side of Rt. 31 so there will not be a crossing of the river.

The applicant will send a check for $220.

VOTE: Bruce Johnson made a motion to continue to September 17, 2003.  Alec MacMartin seconded the motion.  Motion passed.

VOTE: Stuart Draper made a motion to approve the plan.  Bruce Johnson seconded the motion.  Matt Fish abstained.  Motion passed.

The applicant is responsible to pay $120 for NRPC fees and $1,000 for Normandeau’s review.

VOTE: Stuart Draper made a motion to continue the Pike’s bridge and road relocation application to September 17, 2003.  Bruce Johnson seconded the motion.  Motion passed.

VOTE: David Holder made a motion to approve the plan and Betsy Castro seconded the motion. Motion passed.
Mr. Johnson and Mr. Draper are back on the Board.

The applicant has received a ZBA variance for a driveway crossing for Lot 1 with the following conditions:
1. Reflective strips along the crossing of the ditch line (the applicant will build a guardrail)
2. Put a notice in the deeds to inform future lot owners of the provisions of the Shoreland Protection Zone.

They will put a note on the plan that the special exception expires in two years.
The property has town sewer and water.

The Board asked if there would be a conservation area along the river and the applicant declined the suggestion.  The applicant has no problem with a walking easement along the Souhegan River.

Discussed a building envelope for all three lots, which they will accommodate.  The applicant will not build in the back of lot 3 and will indicate that in a note.

Spencer Brookes from the Conservation Commission discussed the Shoreline Protection and house setbacks.  It appears that if a house is closer than 150 feet of the river, then it can only have 25 feet of back lawn.  The setback is 50 feet from the reference line.  Discussion and explanations of this topic continued.

To-Do-List:
-Define a building envelope for all three lots
-Note on plan regarding variance and restrictions on all three lots
-Walking trail easement - coordinate with Soughegan River Local Advisory Cmte.
-Coordinate with Attorney Silis Little regarding easement
-Bruce Johnson will walk the bounds

VOTE: Alec MacMartin made a motion to continue to September 17, 2003.  Bruce Johnson seconded the motion.  Motion passed.

VOTE: Alec MacMartin made a motion to continue to September 17, 2003.  Stuart Draper seconded the motion.  Motion passed.

The permit to park trailers on lot F-173 expired a few months so it is now illegal.

Mr. McGonagle presented a letter from Mr. Quinn (see file) but the landowner needs to sign the plan.

The applicant is proposing to add an additional 20 trailer parking spaces and terminate the restrictions in the hours of operation on the lot on Greenville Road.

Submitted two waivers: (see file)
1. Under 6.1 seek a waiver of locus map
2. Under 6.3 not to seek a framed parking area

The chairperson read a letter addressed to the Board of Selectmen, the Police Dept. and the Planning Board from abutters Christopher and Susan Egan.

The applicant addressed their growth needs and ability to operate fully during a natural disaster as the reasons for additional hours.  The company is not producing water 24 hours a day now but might in the future.  The Board did not feel a natural disaster was a valid reason because the company can seek a wavier if the need arises plus the Board is more comfortable with the current hours and the applicant can return when the company grows beyond their current facility limitations.

Andrew Serrell mentioned that lot F-172 is in the industrial district.  The Egan’s property is in the industrial district.  According to Mr. Serrell, residential uses are restricted in the industrial district and grandfathered so they are non-conforming.  He felt his client’s business should not be limited because of this use.

The Board discussed site plan violations. The company should comply or a cease and desist order is possible.  Steve Wagner discussed the process.

Abutter David Glines said the “problem is compliance and it has been six years and there has not been compliance and his story is getting old.  He does what he wants to do after it is rubber stamped.  All I expect from neighbors is mutual respect and we don’t get it”.  He continued to say “I have talked for several years and the situation gets better for a few weeks than they are worse than before.  There are 44 trailers now in the lot and against the apartment in the setback”.  He wanted to make it clear he has no problem with the 26 trailers in the lot but has a problem with the additional trailers in the setbacks.

Mr. Egan discussed the catch 24 situation with complaints and enforcement between the selectmen and police.

VOTE: Alec MacMartin made a motion grant a 30 day extension until the next meeting to operate under the existing terms and condition of prior approval as amended for use of Quinn Bros. Corp. Lot F-173 until such time a revised plan is presented at the next meeting.  Seconded by Matt Fish.  Motion passed.

VOTE: Bruce Johnson made a motion to waive the number of trailers on the lot and restrict the motion of the number of trips per day to the Quinn lot.  Matt Fish seconded it.  Motion passed.

VOTE: Alec MacMartin made a motion to adjourn the meeting.  Betsy Castro seconded the motion.  Motion passed.

The purpose of this proposed change is to go away from soil type to lot size to determine the size of a lot.  The matter will come before the town for a vote at the 2004 town meeting.

VOTE: Alec MacMartin made a motion to continue this case to the next meeting.  Bruce Johnson seconded.  Motion passed.

Discussed “disturb” vs “impacted”.  $500 dollars plus 4 cents for “building and impervious area” might be a better wording and has been agreed upon.

Legal fees:
If town counsel advises the board on their stance then the town picks up that cost.  The legal fees in question are for client reviews such as easement reviews.

VOTE: Alec MacMartin made a motion to adopt the legal fees as posted.  Bruce Johnson seconded the motion.  Motion passed.

Discussed payment and standard procedure to pay the bills via an escrow account.  The balance will be returned to the applicant once all bills are paid.

VOTE: Alec MacMartin made a motion to adopt the proposed changes effective forthwith to the building fees as noticed.  Bruce Johnson seconded the motion.  Motion passed.

Alec MacMartin made a motion to adopt the subdivision fees as posted.  Bruce Johnson seconded the motion.  Motion passed.

Add to the agenda a revision for site plan and building fees for the Sept. meeting.

Kyra Brennan gave an update on the regulation book process.  The current electronic copy of regulations is up to date.  Hardcopy prints need revisions.

VOTE:  Betsy Castro made a motion to appoint Kyra Brennan as an alternate member of the Planning Board.  Stuart Draper seconded the motion. Motion passed.

Alec MacMartin made a motion to adjourn the meeting at 10:25pm.  Betsy Castro seconded the motion.  Motion passed.

Respectfully submitted,
Kathleen Humphreys