HollisWatch

Update 5-18-21 

Planning Board Cancels 4-20 Public Hearing

For at least the third time the Planning Board noticed a public hearing for this project but cancelled the hearing at the meeting. They again sent letters to abutters and posted the notice, but they allowed only the developer to speak then cancelled the public hearing without allowing abutters or town residents to speak. The Board claimed that this was done because the project details were not complete.

This explanation does not stand up to the slightest bit of scrutiny however since the limited level of detail on the plan set was known in advance of providing notice of a public hearing. In addition, it is important that residents' and abutters' input is taken into consideration prior to the board making decisions about a project. At the April 20th meeting, it seems the Board chose to make key decisions about this project without considering input from the many abutters and residents who were in attendance and who prepared comments.

It is disrespectful for the Board to notice a public hearing and have residents arrange their schedules and spend their evening at a Planning Board meeting only to have the hearing cancelled at the last minute for dubious reasons. What would have been the harm in allowing those who set aside time to attend provide information to the Board to assist in their decision making?

Decisions were made at the meeting without the input of Town residents; these decisions have negative implications for the process. First, the Board seemed to vote to allow waivers for the construction of the access road to the site. This access road has been an issue since the project was proposed because of the steep grades on the site. The Planning Board has indicated on several occasions that they wanted to see a plan submitted without waivers to see if a compliant access road could even be built. The developer submitted FOUR plan sets attempting to prove that they could build a compliant access road. Their last attempt at a compliant road was submitted on 1/28/21.

HollisWatch engaged an independent licensed NH civil engineer who reviewed this design and noted several non-compliances. At that time the town engineer incorrectly indicated that the submitted plan was compliant. This was subsequently disproved in the attached, independent report for many reasons, e.g. overly steep grades, etc. Additionally, the town engineer did not include the fact that the proposed, closed drainage system itself requires a waiver.

Without ever considering these challenges to the developer's non-compliant plan, the Planning Board allowed the developer to claim that waivers were needed to move the road further from abutters or the brook. This specious argument neglects the fact that a road up the hill cannot be built at all without waivers. Denial of the waivers could force the developer to downsize the project, so why is the Board not pressing the developer to do so?

Unbelievably, without even addressing the serious concerns raised by a licensed, independent engineer and town residents, the Board seemed to vote 4-2 to allow waivers for the construction of the road. In essence, the Board allowed this fifty-unit condo development to be built when it is clear that the proposed road can not comply with our regulations without waivers from the Planning Board. Additionally, issuing waivers for the road does not help abutters or alleviate the traffic or environmental concerns because had no waivers been issued, the project could have been downsized. The Planning Board is responsible for allowing this fifty-unit condo development to proceed with a non-compliant access road.

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In addition, the Planning Board chose not to allow public input when deciding which additional, site studies to require of the applicant. It is not clear why they felt that listening to the abutter concerns was not important at this stage or that a full plan set was needed before they could listen to residents. As a result of this failure to hold the noticed public hearing, several poor decisions were made without public input.

For example, one poor decision was the failure to require a historic site analysis. The developer claimed that they were unaware of material of historic value on site. By not allowing the public to speak, the Planning Board allowed this claim to go unchallenged. In fact, there was a historic dam and mill pond in the area. By preventing public input, the Planning Board failed to require a historic site analysis. Had they availed themselves of the collective knowledge of abutters and town residents, the decision likely would have been different.

Water issues are a significant concern for abutters, but they were denied an opportunity to advocate for a stronger than usual testing program at the meeting. They were not given the chance to advise the Board about wells that have dried in the area and why a more stringent well test is needed. They could have shared this information with the Board if they were permitted. The Planning Board's claim that the plan set was not complete certainly does not justify putting off these important issues or allowing the project to progress without having the opportunity for abutters and residents to express themselves. Who benefitted from the Planning Board's decision to cancel the noticed public hearing?

It is disappointing to see the important processes of the Planning Board degraded and explained away with strained reasoning. The role of the Planning Board should be to represent the interests of abutters, town residents and developers fairly. Prior precedents of fairness and respect for the public's legal right to due process must be preserved. Without basic respect for the rule of law, we will continue to see poor decisions and unfair outcomes–outcomes that are favorable primarily to development interests.

Please write to the Select Board and express your desire for a change at the Planning Board. It is important that all members of the Board prioritize fairness and respect for town residents in the future. Select Board members can be reached by email by requesting distribution to them via administration@hollisnh.org