TOWN OF STODDARD

PLANNING BOARD

MINUTES OF THE MEETING HELD March 4, 2008

MEETING CONVENED AT 7:04 PM

Members attending included: Terry McMahon, Dale Smith, George Preston, Dennis Marquis and Michael Oldershaw, alternate. Excused was Louis GrandPre’.

Correspondence: resignation letter from George Davenport; various emails concerning FY 2009 budget; copy of a letter to Ellen Mason from Lori Hein concerning the stand alone ability of a parcel on Tigola Trail; email from George Preston – changes to minutes.

Minutes of previous meeting: George Preston moved and Dennis Marquis seconded to accept the minutes of the February 6, 2008 as corrected, the board approved.

Corrections: page 1 under General Business changed to read: Budget: The Selectmen asked the Planning Board to submit a budget for the fiscal year 2009 on February 18, 2008 at 8:30 PM. George Preston agreed to work together with Dale Smith to draft a budget for the eighteenth’s meeting with the Selectmen. George Davenport agreed to write a draft of the Planning Board’s report for the Town Annual Report.

Page 2 under Carol Clark - change apply to applied and received.

Under Harry Power said add the word financial after the and before growth.

Page 3 – under other business insert the following after Enforcement:

He noted that the Junkyard Subcommittee was formed specifically to get input from the municipal boards and members of the public. He pointed out that dissolving the committee, because certain members of the Planning Board had made up their minds, was heavy-handed. He said it is a disservice to all those individuals who had spent a great deal of time and effort participating on the committee to learn more about the regulation of junkyards. Mr. Preston noted that Atty. Little cited solid waste management regulations (RSA 149-M) and hazardous waste regulations (RSA147-A) as solutions to egregious accumulations of debris on private property, in addition to a Junkyard Ordinance. Mr. Little also made it clear that, in the absence of a local junkyard ordinance, it is the Selectmen alone with enforcement powers. Mr. Preston went on to note that enforcement is the crux of the issue and reminded the board that both DES and the State Health Department enforcement divisions are woefully understaffed. Thus, in the event that the Selectmen take no decisive action on complaints, it is highly unlikely that state officials would ever come to Stoddard to enforce recycling or waste management regulations, and everyone knows it. Therefore, with, or without, any local ordinance, the burden remains with the Selectmen to proactively enforce existing laws, if they so choose. Mr. Preston stated that the time has come for the town, through the Selectmen’s office, to hire a part-time compliance officer to follow up on citizen complaints as well as make certain that stipulations on development from the Selectmen’s office, the Zoning Board of Adjustment, the Planning Board or the Conservation Commission be adhered to. He said the Junkyard subcommittee was deliberating on the very issue. Mr. Preston reiterated his disappointment with Mr. Davenport’s motion. Mr. Preston urged the Board to reject the motion.

Public rudimentary questions: Met with Do Secco (77 Walker Road) concerning her problem with a ROW being rescinded on a piece of property that her daughter owns and where she lives.

She explained that the ROW has been obstructed by large boulders that outline a lovely garden that has been constructed. She said her niece and son have used the ROW a couple times to launch a kayak into the lake. The boulders now block her passage.

She was told that it is a civil matter where the Planning Board has no jurisdiction and she should consult an attorney.

Met with Veronica and Todd Amelang who sought direction on a subdivision they plan to bring to the board. They were told they would have to apply to the State for a State subdivision approval and, as there are 4 lots involved, it would be a major subdivision in the Town of Stoddard. Also the perk test pits and well sites are to be indicated on the plat.

Amy Rokoszak asked the board if there were any bylaws in place to govern the board. Answer – no.

She asked the definition of:

An excused absence and an unexcused absence. The Secretary told her that an excused absence was where the board member communicated with her or another board member that he could not attend a meeting and that an unexcused absence was where there was no notification of a pending absence.

She also asked how many absences were allowed per year. – answer was we have no guideline governing absences.

She felt it was not fair to the voters for an elected official to be absent for a prolonged period of time.

Harry Power asked if the board had sent a letter to Casey Hayes concerning his absence. Answer – yes and there has been no written response from Mr. Hayes.

Dennis Marquis said if Casey Hayes is not going to be able to attend meetings, he should resign.

George Preston said he wanted a letter sent to the Selectmen to start the process to have a public hearing to remove Mr. Hayes from the board.

Dale Smith noted that Michael Oldershaw, alternate, is filling Casey Hayes’ position. He asked it the board should start the process to have Casey Hayes removed from the board.

Terry McMahon moved and Dennis Marquis seconded to ask the Selectmen to hold a public hearing to remove Casey Hayes because of neglect of duty by absence from 10 meetings and to send a separate notice to Joan Read, Town Clerk of that determination with a copy to the board’s attorney. The board wanted the Selectmen to understand that time is of the essence in order to have the position available to be placed on the upcoming 2008 ballot, the board approved.

General business: Michael Oldershaw moved and Dennis Marquis seconded to accept the resignation of George Davenport with regret, the board approved. Terry McMahon said he wanted to contact Mr. Davenport to ask him if he would remain on the CIP subcommittee. Dale Smith said Mr. Davenport told him, this afternoon, that he has withdrawn from all activities outside his family obligations. The secretary was instructed to send Mr. Davenport a letter of regret at his resignation and thanks for his many services to the board.

Subdivision applications: None

Site Plan Review: Hayes Car and Truck – it was reported that Mr. Hayes has met with the Selectmen and assured them that his company will be in compliance with his Site Plan Review within 30 days.

Dale Smith said he has reviewed the files of the Planning and Zoning Boards and finds the following issues to be out of compliance:

1. Disabled vehicles are parked where there were to be none.

2. The chain link fence has not been constructed to hide unsightly items from view.

3. A building was to be moved and has not been.

4. The board needs a copy of the DES letter agreeing that the drains are filled and in compliance with their requirements.

Dale Smith would like to have every Site Plan Review in existence assigned to a board member or two for review to ascertain that all the conditions have been met. He feels this town is very antagonistic toward business and would like to see the Planning Board be more proactive toward businesses.

The board decided to reply to the Selectmen’s letter indicating their “out of compliance” findings:

1. Disabled vehicles where they should not be

2. Building not moved

3. Fence not constructed

4. Board needs a copy of the letter from DES indicating they are satisfied that their requirements are met on floor drains being plugged

The letter is to request a reply indicating the Selectmen’s plan to see that the conditions of the Site Plan Review are brought into compliance.

Other business: National Flood Insurance Program – John Halter – was tabled due to Mr. Halter being unable to attend.

Dale Smith reported that he has received copies of several Growth Management Programs from SWRPC. He will get copies out to the members for review. SWRPC indicated that further information is available on the OEP website and in the RSA’s. He wanted to know how the board wished to handle Growth Management. Michael Oldershaw suggested scheduling work sessions of the board where nothing else is considered to ensure timely action on the issue.

George Preston reported on the Junkyard Subcommittee’s meeting of February 7, 2008. George Preston moved and Terry McMahon seconded to add the pro-offered paragraph to the February 6, 2008 minutes, the board agreed. (See corrections above)

Michael Oldershaw suggested that the board establish a set of bylaws or policies to govern future boards. He agreed to research other towns’ board policies or bylaws and draft a set for the board’s consideration.

Adjourned: George Preston moved and Terry McMahon seconded to adjourn at 10:40 PM, the board agreed.

Respectfully submitted,

Patricia E. Putnam

Secretary