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Planning Board Minutes 09/10/07
Greenfield Planning Board
Monday September 10, 2007
Minutes recorded by Joe Trudeau

Members Present: Chairman Carrara, Halper, Morris, O’Connell, Adams, and Borden.  Carrara designated alternate member Steere to sit in for Fletcher.

Carrara called the meeting to order at 7:03 pm. Halper read aloud the minutes from August 20, 2007.  Morris moved to approve the minutes as read.  The motion was seconded.  The Board voted unanimously in favor of approving the minutes as read.

Halper read aloud the August 27, 2007 meeting minutes.

The following corrections were noted:
line 52 through 53: Delete “Halper moved to approve the subdivision plan as presented and amended by Gene and Gwynne Mitchell on Sawmill Road.”  Insert  “Halper moved to approve the subdivision plan by Gene and Gwynne Mitchell on Sawmill Road as presented and amended.”
line 80: change “soon that” to “sooner than”
line 50: add “application” after Open Space Development
line 59: same as above
line 122: change Zoning Board of Adjustment to Board of Selectmen

Morris moved to accept the minutes with the corrections. The motion was seconded. The Board voted unanimously in favor of approving the minutes as corrected.

Mail:
State subdivision approval for Adele Hale on Route 136 for lot 42-2 on Map R4
LGC information on meeting minutes
List of building permits from Peter Hopkins
Southwest Regional Planning Commission letter regarding the Monadnock Region in a global marketplace
Letter from Board of Licensure and Certification regarding Landscape Architect Licensing
Letter from Carol Ogilvie regarding Mitchell Subdivision
Letter from Bill and Alfa Kemp regarding junkyards
Application for subdivision of Lot 42-2 on Map R4 for Adele Hale on Route 136.  The application has been officially submitted.
Letter from Board of Selectmen regarding Draft Junkyard Ordinance

Miscellaneous Business
?Carrara reviewed the publication received from the Local Government Center regarding the availability of meeting minutes and meeting notes to the public.
?Plats were signed for the Mitchell subdivision on Sawmill Road
?Halper and O’Connell discussed research for the Capital Improvement Plan
?Carrara reviewed RSA 675:3.  The only entity that can create a new ordinance is the Planning Board.

Junkyard Discussion
Carrara read aloud a letter from Bill and Alfa Kemp.  The Kemps own and operate a junkyard and plan on participating in any discussion about regulation.  The Kemps were present for the current discussion.  Adams described the current dialogue at the Select Board regarding junkyard regulation.  The intent of the dialogue is to establish a formal procedure for applying and permitting junkyards in the Industrial Zone.  Steere felt it was inappropriate for junkyards to be allowed in the residential zones.  Mr. Kemp added that there is one other junkyard in Greenfield, that it is not legal, and has been around for a long time.
        Morris asked the Kemps what they would like to see in an ordinance.  Ms. Kemp answered that she didn’t think a junkyard could operate under the DES standards and BMP’s in a residential area.  Mr. Kemp felt that competition is good for everyone so an ordinance that would allow additional junkyards would not necessarily be a negative to him.
        O’Connell questioned why the Board was pursuing a junkyard ordinance.  There could be some problems in the future in the Industrial Overlay Zone since some of the zone has residential dwellings and additional junkyards could affect those dwellings.  Halper added that the discussion seems moot since there’s already an ordinance disallowing junkyards.  Adams responded that the discussion came about to determine if they should be allowed.  
        The Kemps stated that they would rather be a licensed junkyard than a grandfathered junkyard.  They stated it is a constant fear that they could be shut down in the future.  The Board responded that they are protected by state law and the town could not move to shut them down.  The only way they could be shut down is by the State if they don’t comply with the applicable regulations.  
        Ms. Hale added that there is an existing ordinance that fines up to $20 per day for non-complying junkyards.  It may make more sense to enforce the existing regulation than to enact an additional ordinance.  Steere felt that CEO Hopkins should enforce the law as it stands.  If a resident wanted to start a junkyard they could petition the town to do so.

Preliminary Conceptual Consultation: Congregational Covenant Church
Member Borden disqualified himself and came before the Board as a resident to discuss a 16 acre lot on Route 136 (Map R4 Lot 7-1) owned by Gene Scribner.  The Church wants to build an 8,000 square foot church on the lot. The church is considering creating a 5 acre lot on the south side of the property to sell to recover some costs if the town would approve a plan. The upland where the church would be placed is large enough for the building and parking spaces. The idea is for the church to serve 200 people.  Other potential additions could be an elderly and/or a child day care facility. If the church does not want to subdivide the lot then they would need to work with the Zoning Board of Adjustment and the State, but if they want to subdivide then that complicates the matter and there would be a need for continued work with the Planning Board. The Board was generally in agreement with the concept and viewed it favorably. Borden resumed his seat as a Board member.

Driveways
        O’Connell questioned why Carrara wanted to take driveways out of the subdivision regulations. A reason for separating them is to be clear to the people of the town that driveway permits are needed even if you are not subdividing. Morris added that a regulation already exists that allows the town to enforce driveway repairs if they are deemed unsafe or damaging to the town road. Carrara found that RSA 236:13 gives the town those powers. Carrara feels that a driveway permit should be granted and the work done before a building permit is granted. O’Connell suggested using the terminology “curb-cut” but Carrara wanted to use “driveway” in the title so it is more clear to everyone. Building Permit applications currently require driveway permits. Steere questioned what would happen if the town changed a road and it affected the standing of a driveway. The Board felt it would be the towns responsibility.  
        In the subdivision regulations “L.“ will be changed to say “driveways in a subdivision must adhere to driveway access regulations and the following.”  The statement requiring driveway permits to be granted prior to building permits should stay in the subdivision regulations.  Morris and O’Connell and Carrara will work on this issue and bring results to the Board later.
        Steere brought up the issue of the Hall Way driveway. The letter sent out in December of 2006 requested the owners fix the driveway. There have been no such efforts. The Board now shall ask CEO Hopkins to pursue the matter. Adams will bring the issue up to the Board of Selectmen. O’Connell brought up Rocky Lane, which has issues of its own. Carrara stressed that Hopkins is an agent of the Planning Board and has the power to enforce these rules.

Letter (email) from Carol Ogilvie
        Carrara contacted Ogilvie about the runoff management that Mitchell may need on Sawmill Road. She responded that CEI Engineers of Milford, MA and Merrimack, NH should be consulted for a review. The Board can get an estimate from CEI for what it would cost to review the storm water management report and to inspect on-site. Morris would prefer an independent firm to do the consultation.  Steere suggested that Carrara should contact the state DOT and ask about other engineers that could do this work.

Carrara moved to adjourn the meeting; seconded; all in favor.  Meeting adjourned at 9:51 pm.