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Planning Board Minutes 04/09/2012
Planning Board
Preliminary Meeting Minutes
Recorded by Steve Chicoine
April 9, 2012

Members present: RWimpory; PRenaud; KO’Connell, JFletcher; MBorden; SChicoine; RMarshall; MSteere, Alternate

7:07 p.m. Minutes
PRenaud read the minutes of the March 26, 2012 meeting. Several punctuation and spelling changes were made. There were no substantive changes. MBorden moved to accept the minutes as amended. KO’Connell seconded the motion. Vote was unanimous in favor.

7:15 p.m. Mail
·       2012 Building permits
·       Planning Board 4/2/12 budget update
·       March 2012 SWRPC highlights
·       Boundary plat for David & Patricia Simmons
·       Updated plats for Country Comfort Homes
·       Invoice from Monadnock Ledger-Transcript-Scenic Roads public hearing

7:20 p.m. Ruined and Unsafe Buildings
The Planning Board began review of a draft regulation submitted by the Code Enforcement Officer dealing with ruined and unsafe buildings. PRenaud stated that the deadlines mentioned in the draft were unclear. MBorden stated that there is a difference between buildings that are unsafe and those that are ruined. JFletcher asked who would determine if a building was unsafe? After brief discussion the issue was set aside until later in the meeting.

7:33 p.m. Public Hearing on Brush/Tree Cutting
RMarshall called to order the public hearing on the cutting of brush/trees by the Town DPW on Class V Scenic Roads which was advertised in the March 27, 2012 Monadnock Ledger-Transcript. A sign-in sheet was passed around to the public.
TMurray, Superintendent of the Department of Public Works, explained his plans for the coming year. The Town Emergency Management Plan had proposed $10,000 be included in the DPW budget for tree trimming. That amount was reduced to $5,000 and was approved at Town Meeting. The stated goals are to maintain an unobstructed roadway for vehicles and to let in more light to the roads in order to help reduce maintenance costs. Abutters on any road where cutting was planned would be notified of the proposed cutting by posting signs at all entrances to the road prior to the cutting taking place. Tree limbs would be cut from a rented bucket truck.
KO'Connell did not feel that the current plans would meet the requirements of the applicable RSA's and suggested developing a Town plan to deal with tree cutting on any road. He also stated that trees on the side of most roads are owned by the abutting landowner. PRenaud pointed out that the public hearing notice only referred to Scenic Roads and asked what would happen if an abutting landowner denied permission. TMurray replied that no cutting would occur on any road if the abutting landowner denied permission. RMarshall read parts of the RSA that referred to trees that are a public nuisance or a threat to public safety.

7:50 p.m. Public Comment
RMarshall opened the hearing to allow public comment.
MSteere asked about tree limbs that could be hit by vehicles in the right of way and suggested developing guidelines to deal with that issue.
VWilliams stated that expertise was needed to properly trim trees, and that trimming needed to be done at an appropriate time of year, not during the planned June/July time period.
CDumas stated that landowners abutting the road own the trees, Scenic Roads have been widened over the years, and brush cutting is not a safety issue. He also stated that he wants to be consulted in advance if any brush or tree cutting is planned for the road abutting his property.
AWood stated that he wants to be involved in the process if any brush or tree cutting is planned for the roads abutting his property. He also expressed concern about safety issues caused by the stalks left after brush cutting by the Town near his property in September 2011. BWood asked "Where is the edge of the road?" TMurray responded that he had been following existing lines, but that the edges of roads are not clearly defined.
EDumas reiterated that landowners abutting the road own the trees, and stated that the road she lives on existed before the Town was incorporated.
GRainier stated that the Town had gone for a long time without tree trimming and questioned the need for doing so now. He suggested that a public site walk be done before any tree trimming, and asked that any branches left from trimming be removed more quickly than had been done in the past. He also stated that expertise was needed to properly trim trees. RWilliams agreed with the need for a public site walk.
JRenaud questioned why tree trimming is being proposed now? TMurray referenced page 34 of the Town Emergency Management Plan. MSteere stated that additional sunlight helped road maintenance.
CDumas stated that BDumas (Farm manager, Otter Brook Farm) would be submitting a letter requesting consultation before any brush or tree cutting on roads abutting multiple properties owned by PDuBois was done.  
VWilliams would like to reclaim extra land the Town took when widening her road.
RMarshall suggested creating a committee to address issues regarding Scenic Roads. RWimpory suggested that the Planning Board develop rules for dealing with roads, but stated that the DPW needs to act when safety issues are involved.
KO'Connell agreed with the need to develop guidelines for the DPW. He also stated that written approval from the Planning Board was required before the Town could cut or trim trees by the side of any road unless those trees posed a threat to public safety.
RMarshall stated that there needed to be clarity about who TMurray needed to talk to. GRainier stated that information about how roads were designated when the Town was incorporated is available in Concord.
RWilliams suggested having the largest Town vehicle drive the roads to determine problem areas. TMurray stated that would not be the same as winter conditions.
CDumas restated his desire to be contacted prior to any brush or treecutting near his property. EAnderson asked about the budget for tree trimming. TMurray referred again to the $5,000 approved at Town Meeting.
BWood stated that she wanted any trimming to be done at a seasonally appropriate time.

8:51 p.m. Public Comment Closed
There being no further requests to be heard, RMarshall closed the hearing to further public comment. MSteere proposed measuring the height of any tree trimming that needed to be done. He also suggested getting the road commission involved with developing guidelines. KO'Connell read parts of an LGC document (Tree Maintenance Revisited, May 2011) dealing with roadside tree maintenance. JFletcher stated that results from the on-line Master Plan questionnaire indicated that residents wanted the Town to maintain its rural character. After discussion, the Planning Board decided to do the following:
1.      Ask TMurray to explain in writing his brush/tree cutting and trimming plan for this year, including how property owners would be informed/consulted, and submit it to the Planning Board.
2.      Ask TMurray to mark any trees that he plans to cut or trim.
3.      Inform TMurray that a public site walk is needed before any cutting or trimming can take place.
4.      Inform TMurray that he should not do any brush/tree cutting or trimming until the Planning Board has approved his plan for Tree and Brush Maintenance/cutting on all Town Roads.

9:33 p.m. PCC
C and E Dumas presented their proposal for a home based business associated with their farming activities. After discussion the Planning Board decided that a full site plan review was not required. The Dumas’ will complete an application for site plan review and submit it to the Planning Board at the next meeting.

9:45 p.m. Ruined and Unsafe Buildings
The Planning Board continued review of a draft regulation submitted by the Code Enforcement Officer dealing with ruined and unsafe buildings. A new draft which clarified deadlines, responsibilities, and enforcement steps was developed and will be submitted to the Board of Selectmen for further action.

10:00 p.m. Driveway Regulations Guidelines
A draft of Guidelines for Administration of Town Driveway Regulations including a checklist was discussed. Changes were made to improve the wording of the checklist and clarify responsibility for ensuring compliance with the Regulations. MBorden moved to accept the guidelines and checklist as amended. K'OConnell seconded the motion. Vote was unanimous in favor. RMarshall will provide copies to TMurray DPW Supervisor and PHopkins CEO.

10:15 p.m. Groundwater Protection Ordinance
A draft of the Groundwater Protection Ordinance Conditional Use Permit Application was discussed. KO'Connell motioned that the application be approved as presented. MBorden seconded the motion. Vote was unanimous in favor. A draft of the Groundwater Protection Ordinance Conditional Use Inspection Report was discussed. MBorden motioned that the Inspection Report be approved as presented. PRenaud seconded the motion. Vote was unanimous in favor.

10:35 Vision Round Table
Instructions and prompts for the April 28, 2012 Master Plan Vision Round Table were discussed. Use of the instructions and prompts for the round tablediscussions was agreed to by all Planning Board members.

10:45 p.m. Adjournment
MBorden motioned to adjourn. KO'Connell seconded the motion. Vote was unanimous in favor.