TOWN OF STODDARD

PLANNING BOARD

MINUTES OF THE MEETING HELD October 2, 2007

MEETING CONVENED AT 7:00 PM

Members attending included: Terry McMahon, George Davenport, Dale Smith, Louis GrandPre’, George Preston and Dennis Marquis. Excused was Casey Hayes as he called the secretary to notify the board he could not attend. With Mr. Hayes’ absence, Terry McMahon assumed the chair and ran the meeting.

Correspondence: Resignation letter from Dennis Marquis; letter from Beverly Gay, Arlene DiCourcia and Harry Power calling for George Davenport to step down from the board; notice from Selectmen re: Joint Meeting on Junkyards; Letter from Amy Rokoszak indicating desire to join the board; email from George Preston re: Marquis resignation; memorandum from NH Office of Energy and Planning with a copy of the new State Capital Improvements Program – Chapter VI; email from Dennis Marquis withdrawing his resignation and another email from George Preston praising the move.

Minutes of previous meeting: George Davenport moved and Dale Smith seconded to accept the minutes of the September 4, 2007 meeting as presented, the board approved.

Public rudimentary questions:

Mark Hodgson (100 West Shore Circle – off Whitney Road) presented a plat and explained that he would like to purchase approximately ¼ of an acre from Gerry Forest for the purpose of constructing a garage. Mr. Forest owns 1.6 acres in the Lake Side District, which requires 1-acre minimum. The piece Mr. Hodgson would like to purchase is across from his present lot. The board told him he would have to merge the piece he plans to purchase with his present lot, as it would not have enough area for it to stand-alone. The board asked if there is 75’ of frontage on the proposed lot. Mr. Hodgson said there is at least 75’.

The board saw no problem with the plan as presented but told him that the land’s owner would have to apply for the subdivision. Mr. Hodgson said he would proceed to work with Mr. Forest and a surveyor for formal presentation to the board at a future meeting.

Barbara Philbrick indicated an interest to meet with the board but was not present.

Mike Oldershaw indicated an interest in serving the board as an alternate but was late attending the meeting. He will write a letter of intent to the board for next month’s meeting.

General business: The letter from Beverly Gay, Harry Power and Arlene DiCourcia was read and George Davenport asked for time to study the letter, pointing out that they had not sent him a copy. The Chairman handed over the letter for George’s benefit.

Dale Smith reported that he had contacted the board’s attorney about the letter and had sent him a copy. The attorney stated that RSA 671:13 says a board can hand the issue over to the Selectmen but his opinion is that the altercation happened after the Planning Board meeting was adjourned and there is no need to act upon the letter’s demands.

Terry McMahon said that George Davenport is an effective member of the board and has brought valuable information to it. He wants to understand what happened before he takes further action.

Beverly Gay explained that she had no disagreement with what George Davenport said and could not understand what upset him to the point of screaming at her.

George Davenport said he acted after the meeting was closed and did not invade her space or curse at her. He maintained he had the right to express his opinion as a member of the public at large. He also called a point of order: that the altercation happened after the meeting was adjourned.

Terry McMahon suggested that the matter be dropped.

Arlene DiCourcia said George Davenport was completely out of order.

Gerald Gay said a public servant is a public servant at all times and George Davenport owes the people involved an apology.

Beverly Gay said she wants an apology.

Terry McMahon asked George Davenport if felt he owed her an apology?

George Davenport said he does not feel the need to apologize. He felt it is his right to state his opinion.

George Preston said George Davenport’s style leaves him wanting but he also makes him think.

He stated that he is disappointed that no apology was forthcoming.

Terry McMahon asked if the board could have bygones be bygones?

No conclusion was reached.

The Junk Yard issue was addressed. George Davenport reported on the Joint Meeting that he attended on September 17, 2007. He reported that there was a lot of discussion between the Selectmen and the Planning Board and he came away with the impression that the Planning Board would be charged with crafting an ordinance to present to the Town Meeting.

George Preston said that the State and Town’s Counsel have made it known that the land owner and the town (can not plead ignorance) have a liability for the junk accumulation and the environmental consequences there of.

George Davenport suggested the Planning Board appoint a subcommittee, much as the CIP subcommittee, to create a draft ordinance for the full board to consider.

Terry McMahon said it is crucial to obtain public comments and input toward what should be included in the ordinance. He made it clear that what comments the Public has, the sub-committee will consider if the comments are in the context of the responsibility for the Town Ordinance.

George Davenport would like the subcommittee to be formed. He recommended that representatives from the Conservation Commission, Zoning Board of Adjustment, Selectmen and the Public make up the committee.

George Preston reported that the Selectmen have a Junk Yard License draft, which they plan to consider adopting next Monday (10-8-2007). He asked if the town needs a regulation or if they can fall back to the State Regulations and if that would be suffice. He wants to consult the Board’s attorney to learn if the Town will need regulations.

Dale Smith asked which lawyer board should consult – the Selectmen’s or the Planning Board.

George Preston said both.

Dale Smith agreed that the board needs a subcommittee to handle the issue.

Terry McMahon asked if there were enough questions raised to form a guideline for the board to pose to its attorney.

George Davenport stated that if laws are adopted someone needs to enforce them.

George Preston said if we need an ordinance it will need to be enforced.

Louis GrandPre’ said Chet Pratt was working with the Selectmen’s counsel to put together the Junk Yard License. He suggested that the board bounce the questions off the State.

Dennis Marquis said he wasn’t sure it was a wiser idea to bounce questions off the State.

Louis GrandPre’ said the State is telling the town if we have a license, then that is all the town has to do.

Chet Pratt (upon noting he is not a lawyer) said his opinion was that the town can piggyback off the State Regulations.

George Davenport suggested the board generate a letter to the board’s attorney asking for an opinion before proceeding with the work of drafting an ordinance.

Chet Pratt said he agreed with George Davenport. He also noted that if the licensing process is instituted and there is no enforcement is forthcoming, it would be a waste of time to draw up an ordinance.

George Davenport reported that he has read the material provided at the joint meeting and he is more unsettled than before he started.

George Preston said time is of the essence as there have been town people come to the board about junk problems and nothing has been done. He feels that for enforcement beyond the regulations will need a Code Enforcement Officer or what ever title such a person would have. He felt that the town needs a Junk Yard License and a Junk Yard Ordinance.

George Davenport said the resultant ordinance would have to go to the Town Meeting and the board has plenty of time to study and create an ordinance that fits this town of 1100 people.

Chet Pratt said the Selectmen will be voting on a Junk Yard License next week. He foresees applicants, for this license, will have to apply to the Zoning Board of Adjustment for a Special Exception and then to the Planning Board for Site Plan Review, as the applicant would considered to be in business.

Terry McMahon commented that it sounded as if the subcommittee should be formed. He appointed George Preston as chairman of the subcommittee with Dennis Marquis and George Davenport to assist him.

Dale Smith asked if one of the ladies from the State should be called and asked to come to the board to explain the state program?

Terry McMahon cautioned the subcommittee that their meetings would have to be posted 10 days in advance.

George Preston asked if he had to notice a meeting of the Board with its attorney? Answer: No.

Dale Smith asked if the board could see the draft Junk Yard License and share it with the ZBA and Conservation Commission before it is adopted.

John Halter provided a copy of the draft to be copied and sent to the boards.

Terry McMahon then opened the discussion to the public for comments.

Harry Power said the less stringent regulation would take precedence. Noting that the State Regulation might be stricter than an ordinance adopted by the Town and that the stricter ordinance would be enforceable.

He also said the State regulates motor vehicle junkyards only and encourages them. He relayed that Peterborough found cleaning up a junkyard situation to be very costly ($200,000.00 or so).

Amy Rokoszak asked if the State of NH has regulations to control unregistered vehicles.

George Davenport said yes – he believes the regulation limits them to 2 vehicles.

Amy Rokoszak asked it that included tractor-trailers – just the trailers? She asked who takes up the enforcement of those regulations.

Chet Pratt said that the state does the enforcement and that they had recently tightened up the regulations to including road worthy and inspected to the former rule that the vehicles be registered.

Gordon Garnett asked if the Selectmen adopted the license would any applicant be considered to be running a business?

Louis GrandPre’ said the first step would be to go to the ZBA for a Special Exception if that board considered the area as appropriate for a junkyard.

Gordon Garnett asked if he applied for a license would he be treated as a business?

George Preston said that is one approach.

Chet Pratt said yes, a person running a junkyard has a business in his opinion.

Terry McMahon said that was a question for the list George Preston was creating to present to the attorney.

Beverly Gay asked who the enforcing body would be?

Terry McMahon said that would be written into the ordinance,

Beverly Gay commented that nothing is enforced now.

George Preston said that if a problem is made known to the appropriate body, enforcement should follow.

John Halter asked – suppose the Town needs an ordinance and it is presented to the Town Meeting only to be voted down – what would the Town do then?

Harry Power asked if an ordinance is mandated or recommended by the State?

Terry McMahon said it is not mandated but the Town has been put on notice that it has a liability if it does nothing.

Dale Smith said he has served on the board for 4 years and many committees have been asked what the character of the Town is. None of the committees have been able to come up with a definition of that character. He wondered if the town was looking to get rid of junky yards (not aesthetically pleasing) or junkyards - what are we going after?

Amy Rokoszak asked when it became junky yards that were being addressed?

Terry McMahon said the board would like to hear from the townspeople – what does the ordinance need to do – go after junky yards or junkyards or both.

Christine Parsons indicated that she is new in town and appreciated the opportunity to speak. She is concerned about environmental issues. She understands that the State has regulations but no enforcement. She said there is a huge difference between junkyards and junky yards and is concerned about the hazard from expanding junkyard locations. She feels that they are two separate issues and any one that contributes a health concern or hazard needs to be cleaned up.

Terry McMahon said an ordinance cannot be directed to a specific location but must be broadly addressed to encompass any location within the town.

Christine Parsons said the town needs a compliance officer and without such a position, enacting an ordinance would be a waste of time.

Taryn Sarcione suggested the board address health issues. If an ordinance is adopted, consider any health or environmental hazard issue.

Beverly Gay said according to the State, the Selectmen are the enforcement body for the town’s board of health. She wondered if they would enforce such an ordinance?

Harry Power asked what good is a compliance officer if he serves at the digression of the Select Board. He thought the compliance officer should have free reign.

Terry McMahon closed the public input portion of the meeting.

Subdivision applications: None

Site Plan Review: None

Other business: The secretary pointed out that the November meeting will have to be held on the 13^th (2^nd Tuesday) as the 1^st Tuesday is election day.

Secretary’s hours to date are 22.25.

Adjourned: Terry McMahon moved and Louis GrandPre’ seconded to adjourn at 8:37 PM, the board approved.

Respectfully submitted,

Patricia E Putnam, Secretary