Voting Members: Brian Sullivan, Bruce Johnson, Mark Whitehill, Neil Faiman, Alt. David Holder, Alec MacMartin.

The Planning Board has received a motion for rehearing from Granite State Concrete.  Copies have been distributed to members of the Board and town counsel for review.  It is posted for public viewing.

Mr. MacMartin addressed the issue of Neil Faiman’s involvement, which was included in the GSC motion for rehearing.  He recalled that when the motion was made that was in the reference by Mr. Faiman it was approximately a year and a half ago if not longer.  There was a two meeting period of which that process transpired and at the end I believe Mr. Faiman and the Board considered if Mr. Faiman should withdraw and the decision was made not to withdraw.  I don’t think we had further input regarding this at the closing of the evidence or anytime in between.

Mr. MacMartin referenced the Fox vs Greenland case that was decided on December 29th that basically said no new issues have been raised that has warrant what was done here.  The case was basically if it was to be made an issue then it should be done at the close of evidence.

It was also discussed that the motion for rehearing unfairly characterized the efforts made by the Board during the case.

Mr. Johnson discussed a motion that was made which was not seconded.  He felt it was a stretch to think the Board has prejudged the case at that point.  Mr. Faiman made misgivings at the point.  Mr. Johnson stated he would not have listened to the case for another year or a half if he had made a decision.  David Holder agreed with Mr. Johnson’s comments.

VOTE: Mr. Sullivan made a motion to deny the motion for rehearing.  Mr. Johnson seconded it.  Motion passed unanimously.

Respectfully Submitted
Kathleen Humphreys
January 21, 2005

Gail Hoar and Matt Fish rejoined the board.  Mr. Fish chaired the rest of the meeting.

Alec wanted to address the work session for tonight.  A work session won’t happen tonight.