TOWN OF BRADFORD
PLANNING BOARD
MARCH 12, 2013
7:00PM
Call To Order and Roll Call:
Marcia Keller, Chair opened the Planning Board Meeting at 7:00pm with Phil LaMoreaux, Vice Chair, Jim Bibbo, John Greenwood, Don Jackson, Mark Keith, Caryl Walker and Marge Cilley, Secretary present. Sonny Harris, Selectmen’s Representative was absent, being at the Polls.
Marcia Keller, Chair introduced two people who may be interested in being Alternates to the Planning Board, Mr. Steven Chase and Mr. Mark Fournier.
Review and Consideration of February 12, 2013 minutes:
Motion was made by Phil LaMoreaux, Vice Chair to approve the minutes as presented.
Seconded by Don Jackson. Motion carried 6-0.
Public Hearing for Peter Isham- Gravel Pit-Pleasant Valley Road Map 6, Lot 106:
Peter Isham’s Gravel Pit Application, including plans was reviewed by the Board. There have been no changes since the previous application per Peter Isham. Peter advised the Letter of Credit is done on an annual basis and is due for renewal very soon from Sugar River Bank, and he will forward to the Planning Board as soon as he gets it. It was acknowledged that this gravel pit plan does propose crushing and blasting with a twenty four hour notice to abutters.
Motion was made by Phil LaMoreaux, Vice Chair to accept the Application for a Gravel Pit as complete from Peter Isham, Pleasant Valley Road, Map 6, Lot 106. Seconded by Jim Bibbo. Motion carried 6-0.
Marcia Keller, Chair opened the Public Hearing
A concerned citizen questioned if she would hear the blasting noise. It was determined that there is about 30 acres between her property and Mr. Isham’s. The concerned citizen acknowledged she has not heard anything prior to this although it has been done, and decided she does not need to be concerned.
Public Hearing Closed.
Motion was made to approve the Application for a Gravel Pit from Peter Isham, Pleasant Valley Road, Map 6, Lot 106 by Jim Bibbo, with the condition that a Surety Bond be received by the Planning Board at its renewal time. Mark Keith seconded the motion.
Motion carried 6-0.
Public Hearing – Site Plan – Bruce Edwards – 103 East Main Street
Commercial – Map 17, Lot 59:
Bruce Edwards appeared before the Planning Board for approval for his Application for a Site Plan. This is for a pre-existing building with a different use. The existing sign will be moved to the side of the building and a telephone line will come in from the back.
The planning board perused the application and plans.
Motion was made by Jim Bibbo to accept the Application of Site Plan for Bruce Edwards, 103 East Main Street, Map 17, Lot 59 as complete. Seconded by John Greenwood. Motion carried 6-0.
Marcia Keller, Chair opened the Public Hearing.
There being no comments from the floor, the Public Hearing was closed.
Motion was made by Phil LaMoreaux, Vice Chair to approve the Site Plan Application for Bruce Edwards, Map 17, Lot 59 with no conditions. Seconded by Jim Bibbo. Motion carried 6-0.
A signed copy was given to Bruce Edwards for Robert Stewart and a signed copy was given to the town office on March 12, 2013.
Correspondence from Doug Jackson?
Marcia Keller, Chair advised that at the Selectmen’s Monday night meeting, they stated they have not heard from Mr. Douglas Jackson in response to a letter the Selectmen had written to him regarding non compliance of a Site Plan. However, one of the Selectmen did see him, and he stated he is going to take care of it soon.
Public Hearing on Subdivision and Site Plan Review Regulations:
Marcia Keller, Chair handed out copies of the new regulations for the Subdivision and Site Plan which will be posted in town.
James Gleason, Attorney at Law representing Martyn Chivers:
The secretary had made an error and had inadvertently left off a request by the Chiver’s to be on the Agenda tonight, my apologies.
James Gleason, Attorney from Henniker representing Mr. Chivers, is making a formal request before the board to be on record to recuse Mr. LaMoreaux, Vice Chair and Ms. Keller, Chair from the appearance of conflict from his application. It was pointed out that both members of the board do drive by Mr. Chiver’s location and Mr. Chivers is making a formal request of recusal from both Board Members. Marcia Keller, Chair advised there is nothing before the board at this time from Mr. Chivers, to which Atty. Gleason advised they do not want to wait until there is, but want it done in advance.
Arty. Gleason stated the appearance of conflict is very real, which does not mean it is personal. Atty Gleason also questioned if this is something they can deal with in advance, or something that they will have to take to Superior Court to deal with.
John Greenwood stated he has been at most of the meetings, and the conversations going back and forth have dealt with more regulations and State regulations with set backs with the river etc., not anything personal, just misunderstandings with what is trying to get across for approval. We have walked the site and done a lot of work for the site trying to get it going. John Greenwood advised he would vote no as he values their professional input. John also suggested they sit in on any sessions and if there is anything biased, document it.
Marcia Keller, Chair read part of RSA 673:14 regarding Disqualification of Member.
Marcia also stated that the board does need to discuss this with the Town Attorney, that this is an unprecedented procedure.
Atty. Gleason advised this is letting the board know prior to starting that a recusal request will be forth coming and the board can wrestle with it now rather than in the middle of a Hearing. Atty. Gleason also stated that frankly, rather than be insulted, I respectfully suggest you should be pleased that we recanted and brought the issue to the board sooner rather than later.
Marcia Keller, Chair reiterated that they cannot do or say anything until there is an application.
Signs:
John Greenwood stated he has heard some comments from the public regarding signs that have been left out for some time. A reminder letter will be forwarded to the business.
No other business to come before the board, meeting adjourned 8:45pm.
Respectfully submitted
Marjorie R. Cilley