Sharra At It Again ..

Town of Winchester
Planning Board Minutes 7-19-10 
Meeting opened: 7:00pm. Members present: Jack Marsh, Brian Moser, Margaret Sharra(Chair), Princess Blodgett (V. Chair), Gus Ruth (SR), Larry Hill (7:10pm) and Kim Gordon. Art Charland, John Paquarelli and Ken Cole are alternates present. Public present: Dick Drew 

First order of business: The board continues the public hearing for Brian Moser’s subdivision application. B. Moser recuses himself. K. Cole and J. Pasquarelli will be sitting alternates. Dick Drew updates the board on the remaining issues. He gives the board a copy of a driveway maintenance agreement which will be incorporated into the easement. A copy of the State subdivision approval, wetland impact approval and the driveway permit is also submitted. He explains the culvert J. Marsh had requested was not needed per the Highway Superintendent. A 36” culvert was required in the driveway per the wetlands impact approval. In reviewing the driveway maintenance agreement and permit, the board had a few questions. L. Hill arrives and J. Pasquarelli then returns to the audience. If the backlot were sold first would that owner have the full expense of the driveway? Yes. It is noted the driveway permit was approved by the Fire Chief. L. Hill comments that this subdivision does meet requirements but it seems to have taken a lot of work and adjustments. Mr. Drew confirms this. L. Hill questions the sentence in the driveway maintenance agreement “ Whereas the applicant doesn’t agree”. Mr. Drew informs the board that wording will not be on the final plan. Mr. Drew changes and initials the agreement to omit that wording. The board accepts that. There are no other questions. G. Ruth moves to close the public hearing, K. Gordon seconds, all in favor. 7:22pm. G. Ruth moves to approve Brian Moser’s application as presented, subject to the driveway maintenance agreement be part of the deed. P. Blodgett seconds, all in favor. 

Second order of business: K. Cole leaves and B. Moser is back on the board. The board reviews the minutes of 6-17-10 for approval. P. Blodgett moves to approve with typo errors corrected, K. Gordon seconds, all in favor. The board reviews the minutes of 6-21-10 for approval. K. Gordon moves to approve with changes, J. Marsh seconds, all in favor. 

Third order of business: Other business. M. Sharra updates the board on RVD. She shows the board correspondence from Bart Mayer that states RVD’s plan will not be recorded until final conditions are met, a bond will be posted before any work is done on the property and substantial & active work must begin within one year of the court decision. There is also a letter from Sage Engineering stating the plan DES approved for the amended Alteration of Terrain Permit is the same plan the board has. The board also received a copy of NHDOT re approval for the driveway permit. The board has received no response from RVD on the DES complaint. M. Sharra also shows a copy of the final “financial” bill sent to RVD and then informed the board of Mr. Towne’s “right to know” request and what copies she made for him. There are some questions and comments from board members. K. Gordon has a list of questions she would like to ask the town’s attorney. Some of those questions are answered tonight in the update. The other questions she will email to M. Sharra and if the board agrees will be sent to the attorney. L. Hill reminds K. Gordon of the cost for legal opinions. K. Gordon and J. Marsh ask about the ZBA’s variance approval for RVD and if it has expired? The Zoning Ordinance states SE’s and variances will expire after one year of non use. M. Sharra replies K. Gordon & J. Marsh know the answer to that question. M. Sharra questions, if any applicant is working on obtaining approvals, ie. State, federal or local, is that working on the use? K. Gordon says the plan DES has that was used for the Alteration of Terrain Permit approval is not the plan the board has. She states she has been to DES and has a copy of the plan at home. The board has no comment because there is not sufficient information here. M. Sharra reminds the board about “conflict of interest”. If a board member takes it upon themselves to obtain information about an application that can be a reason to be recused. If the board directs a member to obtain information and bring it back to the board for discussion that is acceptable. B. Moser asks if M. Sharra is saying that K. Gordon cannot get public documents? M. Sharra said not at all, the concern is in what capacity is she obtaining information? The discussion continues about discussing applications outside of a meeting, opinions and relaying information to the public from individual members instead of proper channels at the town hall. J. Marsh posed a question on PSNH approvals, he believes things have changed in the last couple of years with PSNH and will that affect RVD? The board does not know. In closing the discussion, it appears RVD has three options at this time; post the bond, get the remaining approvals and begin work; not begin work; or come back to the board and ask for an extension of time. At this time there is nothing for the board to do on this case.

Sharra, as the ZBA secretary knows that RVD's ZBA variances have expired and that he needs to; according to the board, go back before them at a public hearing and start all over again; but she continues to ignore that fact and has not only communicated with RVD by mail; but has had phone conversations with him as well. This is clearly a violation of law and exparte' communication which she has already been found guilty of by Superior Court Judge Brian Tucker in the past. Does she not get the message or is it she just doesn't care? He can NOT do anything without these variances and she knows it; but instead continues to mislead the board with her erroneous opinions.RVD also has not received state septic or state water approvals; both conditions of precedent which must be met before any final approval can be given. He has NOT met all of the conditions set forth in the Conditional Approval given to him by the board in April of 2008 and yet Sharra continues to act as though he has. RVD has violated his Alteration of Terrain permit by constructing an illegal retention pond on his property to gather storm water run-off; yet this plan; drawn up by Carl Hagstrom and though approved by Sharra and the board, was never submitted to the DES and violates the law. This retention basin failed and allowed run-off to flood the highway twice, fill the state roadway storm drains with sand and silt bad enough that the state deployed two dump trucks and a bucket machine to clean them out and run-off from his site has run onto abutters properties and flooded out a section off land adjacent to the state "Rails and Trails" property across the other side of the highway. A complaint was filed by the abutters with the town (no action taken) and the state of NH resulting in an investigation by DES and a letter sent to the town and RVD informing them both of the serious violation and the illegal retention pond and that RVD had until April 20th to remedy the problems. No action has been taken by RVD and the matter in now in the hands of the DES's legal bureau. Run-off continues to flow onto adjacent properties and through the road drains to this day. RVD also does not have a Joint Use agreement with PSNH, a must have permit to allow him access under the power lines, also a part of his so-called Final Approval with conditions. 
We could go on for another couple of pages but we hope you all get what we're saying. Why hasn't the board denied this application for non-compliance and serious violations and instead giving him the green light to continue on? Why is the board giving RVD such special treatment and yet they make other applicants toe the mark and follow all of the rules? It's time for this board to start acting like a real board instead of following Sharra's lead; otherwise ..

Can we all say together ... another lawsuit, another $25 - $30k in legal fees ( perhaps another new car for Barton Mayer? ) 

Other updates are; M. Sharra and G. Ruth attended and erosion control workshop in Concord last week. They both returned with good information and new books for reference from DES on the subject. M. Sharra informed the board of her discussion with Bob Gray on the impact fees. If the officials are not going to use the CIP then maybe we should not impose impact fees at this time. The board still has work to do on understanding these fees. Other projects; M. Sharra gives K. Gordon a copy of the work she has completed on revisions to the site plan review regulations. There are finally some returns on the CIP requests and they will be copied and given to B. Moser, G. Ruth and A. Charland. There has not been a response from the school on the CIP and B. Moser requests to send another letter. The members working on the table of usage need to get information ready for discussion. Only one hearing is on the agenda for the next meeting so the rest of the meeting will be a workshop. 

J. Marsh moves to adjourn, L. Hill seconds, all in favor. 8:30pm. 

Minutes respectfully submitted: Margaret Sharra, Land Use 
Minutes approved by the board on: 
Minutes signed by:   Margaret Sharra, Chair