Members present: Brian Sullivan, Bruce Johnson, Mark Whitehill, Neil Faiman, Alt. David Holder, Alec MacMartin, Chairperson Matt Fish, Alt Gail Hoar and Alt. Dawn Tuomala and NRPC Rep. Steve Wagner.

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.

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

Fred Rodell addressed the Board.  Dawn Tuomala was present for the applicant.
A site walk happened in December plus Mr. Sullivan visited the site again for better visibility.  Discussed wetlands.

Mr. Sullivan discussed the beaver dam on the upper part and inquired what would be the result of the dam letting go.  He felt the subdivision looks good but that one lot is a concern for the people who live there and the Board has to be concerned about it.

The role of Normandeau, an engineering consulting firm, was in question. Mr. Rodell felt they should review the site and raise concerns but Mr. Whitehill said it is not their role to raise concerns.  Mr. MacMartin said that Normandeau is here to review what we asked them to do and they can’t do the planning function and he felt Mr. Rodell is confusing that.  They respond to questions asked by the Board which is the crossing and delineation for the wetlands and made a minor delineation change.

The proposed fire pond on the plan satisfies the fire dept.  Bonding the work on the pond was discussed.  Mr. Rodell will attend a selectmen’s meeting to discuss road improvements and the fire pond bond.

The Board reviewed an enlarged map of Lot C-128-1-2-4.

The Board was concerned about the home products that could be used in that home because it is surrounded by wetlands, such as an island, and the potential for environmental issues.  Mr. Rodell felt it is enforceable with deeds and in other ways.  Mr. Rodell said that we can’t protect everything and he is willing to do what is reasonable.  Mr. Johnson felt that with the other lots it is reasonable and responsible but with this lot added it is not.

Mr. Whitehill said there is 2.1 acres of wetlands and has more contiguities than the other lots.  We can’t protect the homeowners from themselves.

Mr. Faiman commented that the Board writes regulations and adopts them and these meet all the regulations.  The Board can also say it follows the rules but it just does not feel right.  He felt when you put together the totality of it, it feels there was more working of the land than that was required, it does feel that way.  But he is concerned about the Board basing the decision on one lot.  Mr. MacMartin said you don’t look at one lot in isolation.  I think people have looked at and isolated lot four just because of its isolation.  The other four you may say we can live with that and can’t do another.

Mr.  Rodell said that running and standing water is not the norm out there.  He feels it meets all the regulations and stated he has received one variance.  He also said it is not fair to dedicate that you can approve a lot but are concerned what people will do with it.

Mr.  Johnson said we have a great amount of wetlands out there.  He brought up the question that is four septic systems out there okay or should we ask it to go that extra distance and do five.  I may be focusing on that one lot because it may have greater impact but than the other.

Matt Fish said it barely makes the contiguous wetlands.  He feels that it is the totality of the project which feels that it is “maximized out”.

It was agreed that the applicant is entitled to a vote from a full 7-member board and ask to continue to next month.

Mr. Sullvian has noticed that the subdivisions on the west side of town; York River, Labnon-Walker, Dale Street, there is mud washing across the road that supposedly had been planned for and in those situations they have not worked.   In this case it would wash away the driveway.

Spencer Brookes said the beaver dam is a consideration.  Ms. Dawn Tuomala  will do some calculations regarding how the beaver dam could/would fit into the storm damage.  The beaver dam is off their properties noted Ms. Tuomala but Mr. Sullivan said about 10 feet from the property line.  Mr. Rodell said the dam has been there a long time.  The culvert is great than the 25-year storm.

VOTE: Mr. Whitehill made a motion to continue, pending the applicant’s visit to the selectmen’s office to discuss contribution to Keyes Hill Road and proposed bonding on the fire pond.  Mr. Johnson seconded it.  Motion passed unanimously.
 

Mr. Wagner sent a letter to the applicant regarding their appearance before the Board and the completion of their conditional approval of downcast lighting and painting the antennas grey/blue.  Fees have been paid.  The building permit should not be issued until the plan is approved.
 
VOTE: Mr. Whitehill made a motion to continue to February.  Mr. MacMartin seconded it.  Motion passed unanimously.

The signature block is on page two and not page one but that is the page that will be recorded.

DOT permit is obtained and it is addressed the grade of the drive.  See file for a letter from the fire chief.  Data sheet on the Geoweb was presented.

VOTE: Mr. Whitehill made a motion to approve the plan.  Mr. Faiman seconded it.  Motion passed unanimously.

Fees will need to be paid for NRPC.

Requested waivers for soil types and topos.  See file for fire chief’s letter.
David Holder walked the bounds.

To do list:
Need curb cut and line drawing (1-400) and kindergarten building on the map.

The Conservation commission noted that the Corridor 13 snowmobile trail has a ROW on this property.  The parties will meet to discuss it.

VOTE: Mr. Whitehill made a motion to give conditional approval with the following conditions:
1. Curb cut must be received by the town by April 20, 05.
2. Must show kindergarten bldg on F-99-1
3. Line drawing (1-400) for town map
4. The application will remain on the agenda until either conditions have been met or the April meeting
Mr. MacMartin seconded the motion.  Motion passed unanimously.

Fees have not been paid.

Full cut off lighting is supplied by PSNH and it was questioned by Mr. MacMartin.  It was suggested that Mr. Ely look at the lighting done by their neighbors because they did a nice job.  Discussed lighting plan and that it should be on the plan…need to show all lighting on the landscape and the building.

Dennis LaBombard explained that the drawing look of the roof look much steeper than it really is.

The construction timeline was discussed.  Phase two to start by 2011 and phase three by 2014.  The Board felt this is along time out and request the applicant to return to the Board for a review.  674-09 was ready by Mr. Wagner from the NH Planning and Land Use Regulations book.  Discussed required “as built”.

To do list:
Need a footprint and height of the building.
Show traffic pattern (primary access off Abbot Hill Rd, but more foot traffic from  Pine Hill Road.)
Show lighting plan
Corridor 13 snowmobile trail
Drainage Calculations

VOTE: Mr. Whitehill made a motion to continue to Feb 16, 2005.  Mr. MacMartin seconded it.  Motion passed unanimously.
Neil Faiman is back on the board.

.Discussed a warrant article into the selectmen to discontinue the road.

See file for waivers, fire dept. letter and road agent’s letters of approval.

Waivers requested see file for details:  All waivers are shown on lot F-149-2
1. Locations of existing building within 100 feet of property lines.
2. Locations of existing septic systems leach fields within 100 ft of property line
3. Areas of proposed wet, dry totals for lot F149-1.
4. High intensity soils
5. Locations of all water bodies, wetlands, rock/ledge, outcrops or other significant natural features on lot F-149-1.

Bounds have been set.  Mr. Johnson will walk the bounds.

Add the information on class 5 road for Rideout Road.

 The plan will show the setbacks and add a note that it will be contingent on the warrant and will go away if the road is discontinued.  Mr. MacMartin suggested the applicant record a copy of the discontinuance if it is voted in.

The Conservation Commission noted that the Corridor 13 snowmobile trail has a ROW on this property.  The parties will meet to discuss it.

VOTE: Mr. Whitehill made a motion to continue.  Mr. MacMartin seconded it.  Motion passed unanimously.

Reclamation has not addressed the drainage because it will be addressed in the subdivision so we have to bridge it somehow.  It was suggested to keep the bond in place until the subdivision is complete therefore can do the reclamation themselves if necessary.  Mr. Quinn was concerned because the area has been sloped to accommodate three lots so it is different than the original plan.  The Board will release the bond when a new bond is in place.  Run-off was discussed.

It was announced that a growth control indicator has been triggered.   This indicator was activated because the population at the Florence Rideout Elementary School has reached 80%.

VOTE: Mr. Sullivan moved to adjourn at 10:32pm.  Mr. Faiman seconded the motion.  Motion passed unanimously.

Respectfully submitted,

Kathleen Humphreys
Secretary