TOWN OF BRADFORD
PLANNING BOARD MEETING
AUGUST 14, 2012
7:00PM
Roll Call and Call to Order:
Marcia Keller, Chair called the meeting to order at 7:04 pm with Phil LaMoreaux, Vice Chair, Jim Bibbo, Sonny Harris, Seletmen’s Representative, John Greenwood, Bill Glennie, Mark Keith, Alternate, Caryl Walker, Alternate and Marge Cilley, Secretary present. Don Jackson was absent. Also present was Harry Wright, Selectman.
Marcia Keller, Chair seated Mark Keith for Don Jackson and Caryl Walker for Bill Glennie until he arrives.
Review and Consideration of July 10, 2012 minutes:
Motion was made by Jim Bibbo to approve the July 10, 2012 minutes. Seconded by Phil LaMoreaux.
Phil LaMoreaux advised that his discussion on page two, third paragraph from the bottom under O E Trucking – regarding fencing along the zoned boundary is that: he would like to have it surveyed”
Marcia Keller, Chair advised on page 2, under Jesse Singh, the motion should delete the words “as being complete” Motion carried 7-0.
To Do Folder
The letter from Cheryl Behr, from the Selectmen dated July 25, 2012 regarding giving Planning Board file cabinet keys to the Administrator. A vote had been taken by the Planning Board to intervene and is on the Agenda for discussion at tonight’s meeting.
A Notice of Decision was received from the Zoning Board of Adjustment denying the Application for a Variance for Autumn Rose. Further discussion will be forthcoming from the Planning Board.
At this time (7:10pm) Caryl Walker was unseated as Bill Glennie has arrived.
O E Trucking – 10 Breezy Hill Road – Continuation of Public Hearing Boundary Line Adjustment and Site Plan – Map 3 Lot 74A & 74B:
Lot Line Adjustment:
Jon Warzocha, Horizon Engineering represented Martyn Chivers and advised there has been a very small adjustment and he also presented a letter from the Senior Surveyor of his company that the pins will be set. Mr. Warzocha provided an updated map for the board’s perusal, and advised the one small change is one additional turning point. Five copies of the plans have been received as well as the mylar.
In reply to a question from Phil LaMoreaux, Vice Chair, Mr. Warzocha advised yes, he could forward everything electronically and he will forward as a PDF file as well as paper copies.
The Application was gone over.
Motion was made by Phil LaMoreaux, Vice Chair to grant the request for modification (VI B 10) requiring area of lots to be shown in both acres and square feet, and they are shown in acres only, not square feet. Waiver request of not showing square footage of lots and to be acceptable in acres is approved. Seconded by Sonny Harris. Motion carried 7-0.
No public comments were made.
Motion was made by Bill Glennie to accept the application of the O E Trucking Boundary Line Adjustment as complete, with the following conditions.
- Deed descriptions will be provided to the Planning Board.
- Checks will be supplied to cover MCRD recording fees.
- A letter confirming the setting of boundaries will be submitted when the bounds have been set.
Seconded by Sonny Harris. Motion carried 7-0.
Motion was made by Bill Glennie to Approve the Boundary Line Adjustment for O E Trucking, Map 3, Lot 74A and 74B with the following two conditions.
Deed description of new lots
Confirmation of the Bounds being set.
Checks will be supplied to cover MCRD recording fees
Seconded by Sonny Harris. Motion carried 7-0.
There were no public comments.
Site Plan:
Jon Warzocha, advised the first issue was signage. They have labeled the existing signs on the plans, and all the signage on the lot cannot exceed 32 square feet. Fencing is shown on the plan. Discussion ensued regarding removing the word proposed pertaining to the fence. It was stated that the ZBA Conditions need to show verbatim on the plan.
Again, reference was made that the number of unregistered vehicles allowed which should be specifically addressed on the plans. RSA 236:111 was referenced on the June 26, 2012 meeting.
Phil LaMoreaux, Vice Chair advised on February 14, 2013 the following motion was made, and was read by Marcia Keller, Chair.
Motion was made by Phil LaMoreaux, Vice Chair that the Applicant be required to fence the entire area of the Vehicle Recycling Center per RSA 236:123, and to show on the site Plan. Seconded by Jim Bibbo, Motion carried 7-0 .
Discussion ensued, and Phil LaMoreaux went on to state that this RSA is not a Site Plan requirement, but is one of the licensing requirements, and he is satisfied to allow the Selectmen to enforce this.
Motion was made by Phil Lamoreaux, Vice Chair that the Planning Board not require the whole area be fenced as stated in the Motion made in the February 14, 2012 minutes. Seconded by Bill Glennie. Motion carried 7-0.
There was no public input.
At this time the check list was gone over for the Site Plan and the following two waivers requests were granted.
- Topography and contour lines with two foot intervals. Was withdrawn as it has been provided.
- Elevation of first floor – is using existing office. This was also withdrawn.
No waivers were requested.
Motion was made by Bill Glennie to accept the Application for O E Trucking Site Plan as complete. Seconded by Jim Bibbo.
Phil advised he would feel more comfortable to accept as complete after set backs are established by the surveyor. Motion carried 7-0.
Motion was made by John Greenwood to approve the Application for O E Trucking Site Plan with the following conditions:
1. Certified Plot Plan prior to operations commencing.
2. As built survey provided to assure storage of vehicles and facility operations are outside 660 feet set back from Route 103 and 500 feet from the center line of Breezy Hill Road.
3. The fence location on approved plans is certified not to be any closer to Rt. 103 than proposed
4. SWPPP completed.
5. Select Board license and a Solid Waste permit from DES.
It was stated that Solid Waste permitted by DES is usually the last piece.
Also the Green Yard certification is completed after the facility is up and running and is not by approval of the board. It was stated that the Selectmen re-permit annually at $25.00 per year.
Phil LaMoreaux, Vice Chair questioned if he has trouble and cannot meet the grades in the upper portion that may not be built until sometime in the future, would he have to submit a new SWPPP? Jon Warzocha advised the plans get amended all the time, the plan is meant to be an amendable document.
Motion was seconded by Mark Keith. Motion carried 7-0.
Marcia Keller, Chair asked for final comments from the board and the public prior to the vote.
Jon Warzocha thanked the board for their patience through this procedure.
Jon Warzocha suggested he will forward a similar licensing from Sugar Hill to the Selectmen for their information.
Doug Webb – Lumber Barn – Conceptual Consultation for Temporary Shed
Map 7, Lot 2:
Doug Webb did not attend this meeting.
Chris Payson – West Road – Conceptual Consultation – Map 4, Lot 41:
Chris Payson came before the Planning Board stating he would like to do a Lot Line Adjustment and is here to discuss the best way. It was stated this is a Conceptual Consultation and is non binding. Mr. Payson advised he has two things to discuss and is looking for suggested solutions.
1. First, Lot Line Adjustment 2. Possibly subdivide part of property at a later date.
Discussion Re: Planning Board Files and Letter from Selectmen: Marcia Keller, Chair commented that the board has been dealing for several weeks for requests for access for the Planning Board files.
Marcia Keller, Chair stated that the Planning Board made a Motion at their July 24, 2012 meeting: “For the Planning Board to make records available for inspection and copying within five business days of request” The motion carried unanimously. The Town Attorney communication was not made available prior to that meeting. The Attorney at the Local Government Center advised five business days was excessive.
Marcia went on to suggest the Planning Board modify their Record Section of the Rules of Procedure.
Statutory Requirements are open to discussion. RSA 91A indicates records shall be available, which is open to interpretation. Marcia Keller, Chair went on to read 91-A-4:IV.
“Each public body or agency shall, upon request for any governmental record reasonably described, make available for inspection and copying any such governmental record within its files when such records are immediately available for such release. If a public body or agency is unable to make a governmental record available for immediate inspection and copying, it shall, within 5 business days of request, make such record available.
Marcia Keller, Chair handed out two sheets, one document is from current Rules of Procedure and one a Draft for updated Rules of Procedure.
Extended discussion ensued. Marcia Keller, Chair advised she had received a document at the August 13, 2012 Selectmen’s meeting, and upon checking with the Town Administrator was advised it came from the Attorney General’s Office.
Marcia Keller, Chair stated the objection with this discussion dealing with the Planning Board records has been argued at the meetings of the Board of Selectmen rather than at the meetings of the Planning Board and respectfully, they might have said at some point, go to the Planning Board.
Discussion regarding documentation by written record of what was asked for, what was copied and in effect, who is looking over the shoulder of the person using the tapes/records etc. The need for some one observing was discussed.
Motion was made by Phil LaMoreaux to accept the Draft for the up-dated Rules of Procedure presented tonight with a change in number three to change the word may to shall. No second, No vote. Discussion followed at length.
Sonny Harris, Selectmen Representative argued that protecting the integrity of the files protects the Right to Know, it does not work the other way around.
Marcia Keller, Chair read and discussed the information received from the Town Attorney.
Discussion was held regarding destroying the tapes after they have been recorded, and approved by the board.
The Planning Board members were requested to read the Draft updating the Rules of Procedure, think about tonight’s discussion and be prepared to make changes you think is necessary to meet all of this criteria for the Agenda on the Work Session on August 27, 2012.
The other question is from the Selectmen stating the Planning Board should give a key to the Planning Board files to the Administrator, and after discussion, it was decided they are not ready to do that at this time.
Meeting Adjourned at 10:16pm
Respectfully submitted
Marjorie R. Cilley
Secretary