June 25, 2014  7pm  Cheshire Annex

Present: Daniel L. Speth, Francis M. Griswold, Christopher D. Walsh
Absent:  Charles M. Howard, Jr. and Bernard F. Bator
Audience: Peter Traub, Dale Grimshaw
Mr. Petell, Cheshire Liquor Center
Rick Gurney

Fran:
Opened the 7pm meeting.  Chris Motioned to accept the May 28, 2014 minutes as presented; 2nd by Dan with a unanimous vote taken.

Chris motioned to change the Cheshire Planning Board Meetings back to Monday evenings, the last Monday of the month at 7pm at the Cheshire Town Annex.  Originally the change to Wednesdays took place for the convenience of the Building Inspector.  Unfortunately, he has been unable to make Wednesday meetings.

Mr. Rick Gurney, a representative from the Lion's Club, spoke about the location change of the "Welcome to Cheshire" sign to Route 8 on Town property opposite the Cheshire Fire House.
A site visit will take place on Sunday, July 13, 2014 at 9am at the Annex.  Mr. Traub is also a Lion's member and will be attending the visit as well as staking the signs location.  Height and location were discussed.

Mr. Traub reported that Mr. John Tremblay has a lawyer and is checking further into if by-law amendments have to have an Annual Meeting.

Dan:
- Discussed Article 23.  He reviewed that Charlie had attended a Selectmen's meeting and presented the amendment to Article 23 and questioned what was necessary to schedule a special town meeting.
At that time, Selectwoman Francesconi presented a copy of the Town of Cheshire By-Laws.  She said the Towns By-Laws supersede the Zoning By Laws.
- Dan felt the issue should go to Town Counsel and the Town's Administrator.
- Dan asked the Planning Board what the Planning Board could do to help stop the Dollar General store from going forward.

Chris:
- Charlie was uncomfortable with Brian Domina's second plan.  Therefore, when the BOS stated stop;
he stopped.

Form A
Edmund Clarimont.  Page 305  Book  635.  Estate Planning for his daughter.  Discussion about if there was a two hundred (200) foot required frontage.  After deliberation and plan measuring the Planning Board approved and signed the plan.

Resident, John R.Tremblay:
- Introduced himself and questioned why everyone is saying "There is nothing we can do while he contends there is, "Always something we can do" in regard to the Dollar General Store.
Mr. Tremblay believes people need to be more involved and ask more questions.  Be proactive as the town needs affordable housing and feels the Dollar General property would be fine for that.
He noted that the lights from the Dollar General will shine into his bedroom.  The legal stuff is complex but, we can be flexible at least about what the building will look like.  He's been talking to a lot of people and found out that in Merrimack, MA the people got the Dollar General to leave.
He feels there is a lack of flow of information.
- Presented a letter from the DOT (copy attached.)  Dated June 20, 2014.
- He said it is public knowledge under the Freedom of Information Act and the Planning Board should ask DOT for information.

Fran:
- Stated that no permit has be asked for, therefore none has been issued.

John R. Tremblay:
- Questioned the drainage report.

Fran:
- Restated that nothing can be done until a Building Application is submitted.

John R. Tremblay:
- "I have a copy of the plans," he stated.  "If he can get them why hasn't the Town a copy?"

Peter Traub:
-" They have a lot to comply to."

John R. Tremblay:
- “Gerry Garner said it would be possible to get an access off of Route 8.” Questioned if that was true.
- The proposed by-law has to wait for an Annual Meeting.  "A lot happens so we should have more meetings so important issues and concerns don't have only once a year to make changes."

John R. Tremblay:
- Presented an email from Brian Domina dated June 23, 2014:
"I suspect that you will not get 100% certain answer in this case.  It would be my argument that the zoning bylaw language which I presume was adopted at a later time would be controlling - so both special and annual town meetings can consider zoning bylaws.

One of the rules of statutory construction is that a general statute must yield to a specific statute, especially if the specific statute was enacted after the general statute.  A zoning bylaw is more specific statute than the general bylaws and it was likely enacted at a later date.  That would be my argument.  Again, I would be surprised if you were able to find a specific court case that has the same facts of your present situation.  I am not certain how Charlie Howard is planning on proceeding."

John R.Tremblay:
- Questioned if a Citizen's Petition to change the by-law would be appropriate?
- Town Council would be sensitive to a large lawsuit.
- Resident, Barry Emery, is doing historical research on the property.
J. Tremblay:  "It would be great to turn the property into something great for the town."

It was suggested the group against the Dollar General building talk to the owner of the property and negotiate purchasing the property.  There is a possibility of a bidding problem.

John R. Tremblay:
-  Suggested the need for a Master Plan.
- Zoning By Laws need updating.
- There should be a plan for a sewer system.

Peter Traub:
- "The sewer was discussed in the past and it was turned down by residents.

John R. Tremblay:
- Stated that Dan suggested he attend this evenings meeting to update the board of his progress.

Dan:
- Stated that the Planning Board is an Open Meeting and is run according to Robert's Meeting Laws.

John R. Tremblay:
- Stated, "When people come to these meetings they should be treated in a friendly, welcoming manner."  This statement was due to Chris being curt to Mr. Petell in asking "What are you doing here?"
This was a friendly banter between them as Mr. Tromblay didn't realize Mr. Petell had been at the meeting since 7pm, and he was asked then if he could be helped and he said, "No, I'm waiting for John."
Chris was not curt.

John R. Tremblay:
Apologized to Carole H. if comments made at Tuesday’s Selectmen’s meeting minutes were upsetting. I stated, “Yes, the comments are upsetting and they are unfounded; and one person’s opinion.  It was totally unnecessary for the individual to raise two years worth of minutes in the air and state, “I can’t figure out what’s going on.”
I stated that I perform my responsibilities totally as employment, I have no hidden agenda, no relatives or in fact friends in Cheshire that would influence me from the minutes being just the facts.  I have done this job for 10 years and the minutes have held up in court, the Attorney General’s Office and all lawsuits during my tenure. If the format needs to be changed an individual can offer suggestions to the Selectmen and following Robert’s Rules of Order they will make a ruling or take the suggestion under advisement.


A site visit was made by board members to the Ayotte property and no violations were cited.
(June 22, 2014.)

Dan motioned to adjourn the June 25, 2014 Cheshire Planning Board meeting at 8:45pm; 2nd by Fran with a unanimous vote taken.


Respectfully submitted,

Carole A. Hilderbrand, Secretary
Cheshire Planning Board

Charles M. Howard, Jr.     Bernard F. Bator     Daniel L. Speth    Francis M. Griswold   Christopher D. Walsh