The Town of Northwood, New Hampshire - Planning Board Minutes 06/25/09

PRESENT: Chairman Pete Jones, Vice Chairman Bob Strobel, Selectmen Representative Bob Holden, Alternate Rick Wolf, Town Planner Elaine Planchet, and Board Administrator Linda Smith. Deborah Couch arrives at 7:08.

VOTING DESIGNATION: Chairman Pete Jones, Vice Chairman Bob Strobel, Selectmen Representative Bob Holden and Alternate Rick Wolf. Deborah Couch arrives at 7:08 p.m.

ABSENT: Roger LeClerc, Herb Johnson, Victoria Parmele, Alternates Scott Campbell and Pat Bell.

Preliminary Consultation
OZ Land, Jennifer Collins. First NH Tpke.; Map 230/Lot 11.
Ms. Collins is present regarding process to increase their students by 7. Ms. Planchet explains that the preliminary consultations are intended for general discussions. She states that for this situation, the discussion should be related to if the board would want this proposal to go through the application process or if a letter added to the file would be sufficient. Ms. Planchet notes that the approval is for 35 students. Ms. Collins states that they have received preliminary approval from the state to add 7 students.

Mr. Jones asks about the parking and increase of traffic. Ms. Collins explains that typically they have no more than 3-4 cars in the drop off/pick up area at one time. She states that they have not had any problems with traffic except for the winter time this year until they successfully figured out how to remove the snow. She adds that the expected traffic discussed previously was based on 35 students and that 19% of the families have more than one child in the facility, thus making the traffic less.

Ms. Collins notes that they have merged their two lots and were previously approved for a retail business on the adjoining lot. She states that they will add a better constructed bridge to allow employees to park there where two parking spaces had been approved for the retail use.

Deborah Couch arrives.

Mr. Holden asks Ms. Planchet for recommendations based on the letter received. She states that she has noted that the parking area now is full and asks what the process is for dropping off. Ms. Collins explains that sometimes there have been some parking issues and they remind people that they must park head in. She adds that the drop off is different for the preschool only program as it is a bus drop off and a staff member is outside to meet the children. She states that they do not anticipate any new cars and if so there would still not be an effect on the drop off or pick up.

Ms. Planchet states that issues for the board would be parking and the building department questioned whether the septic system would be sufficient. Ms. Collins states that five cars are normally on site on a regular basis. She adds that they have the septic capacity for the additional 7 students and over half of the school attendance is in diapers. She mentions future expansion of utilizing the house, and that the septic was designed for the three bedroom house as well as the child care center. Mr. Jones states that the septic design is based on number of rooms. Ms. Smith states that most licensed designers would look at the current septic system and send a letter if the additional proposed students would or would not be an impact to the system. Mr. Jones states that the board would need to look at this. Ms. Planchet states that if the board does not require them to submit an application for site plan then there is no recourse for the board to request anything relative to the septic system. However, she adds that this would be a matter for the code enforcement officer to address.

Ms. Collins states that they will be required by the state to have all inspections redone similar to when they first opened.

Ms. Planchet states that this proposal is an expansion of use and she states that the only impact that she could see the board being concerned with would be parking and safety outside of the building, and what the persons do as far as public health and safety of others. She adds that if code enforcement can look at the septic and agree that it is sufficient, she does not see that this situation is similar to the board’s ongoing discussions relative to a “third tier.” Ms. Planchet states that it appears that the parking is possible and has been addressed. Ms. Smith refers to the exemption for parking increase in the site plan regulations which would indicate the need for site plan amendment. Ms. Planchet states that the applicant is not proposing an increase to parking and not suggesting any expansion. Ms. Collins states that the two additional parking spaces were previously approved in a different site plan. Ms. Planchet states that if the board believes that this proposal does not require site plan approval, the board may ask code enforcement to provide a letter.

Previous case files are reviewed and additional discussion is held regarding the lot merger. Discussion ensues regarding the parking spaces and septic. Pete Jones makes a motion, second by Bob Holden, for the board to not require a site plan review if the code enforcement officer is able to accept the current septic system design as adequate for the increased number of students and that the two parking space on the merged lot, formally lot 12, will be used as employee parking. Motion passes unanimously; 5/0.

CASE 09-07: Davlynn Development, LLC, Masten Drive at Rte. 4, Map 234. Applicants seek amendment to approved subdivision plan to remove sidewalk. Application accepted as complete on 4/23/09; 65-day 6/27/09.

Ms. Planchet states that a request for continuance has been received since the applicant is still working with the NHDOT. Pete Jones makes a motion, second by Bob Holden, to grant the continuance to the board’s next regular meeting, July 23. Motion passes unanimously; 5/0.

CASE 09-03: Bruce Marshall, 1029 First NH Turnpike, Map 217; Lot 23 & 24. Applicant seeks site plan review for automotive mechanic shop. Application accepted as complete on 4/23/09; 65-day 6/27/09. Continued from 5/28/09.

Mr. Marshall is present. Mr. Jones states that the public portion of the case is still open.

Ms. Planchet states that the board requested the applicant to provide an attorney’s opinion on the lot ownership using the deed research that had been provided by the applicant. The board reviews a letter received from Atty. Burns relative to the deed research which determines that the lots are two separate lots. Ms. Smith states that there was discussion relative to ownership and the roadway. She adds that there is a state driveway permit on the second lot and the access to the lot and the activity could be impacted based on ownership of lots.

Mr. Jones asks if the voluntary merger would be so that the back lot would have access to Rte. 4. Ms. Smith states a merger would eliminate any setback issues and would also eliminate an undersized non-conforming lot. Mr. Marshall states that the deeds refer to only one lot. Mr. Jones explains that the attorney’s letter states that the lots are two distinct lots. Mr. Marshall disagrees. Ms. Smith states that this is ambiguous and Mr. Marshall has signed a voluntary merger form to proceed. Mr. Marshall agrees that he completed the form and states that he feels the deed states that the properties are under one deed. Mr. Jones states that the board must adhere to the attorney’s letter that there are two lots. Mr. Jones asks if the applicant is willing to merge the two lots and Mr. Marshall replies yes.

Joyce Elliot, abutter, is present along with John Newman who states that he is representing abutter Chip Mauck. Ms. Elliot refers to information received from NHDOT in 1984, noting that the cul de sac was a requirement of the planning board in order to create the existing three lots. She also refers to information from the zoning board granting a variance for a private driveway. She states that the lot was made by the planning board and the minutes are not accessible. She states she had asked for the minutes to be provided and they were not. She states that the minutes are needed since the planning board required the lots. Ms. Couch asks what the change is to her if the lots are merged as Mr. Marshall is now the owner of both lots. Ms. Elliot states that the cul de sac was created for all to have ownership.

Discussion of ownership of the access lot ensues. Ms. Smith states that the ownership of the abutter’s lots will not be changing by the voluntary merger. Mr. Jones states that the right of way across the existing lot 24 will not go away if the two lots are merged. Mr. Newman states that the intent of Ms. Bennett has been lost. Mr. Jones explains that there is a right to cross lot 24 to get to the other lots. Ms. Smith states that the information provided by the attorney regarding the deed includes this right of way which means that Ms. Bennett owned it and signed away the right and now it is owned by Mr. Marshall. Ms. Elliot states that she believes that she is losing access. Mr. Jones states that the owner cannot obstruct the access; however, he does not need to maintain it. Ms. Couch states that there is a deeded right for Ms. Elliot and the abutters. She adds that this board’s job is to make lots more conforming and for lots to be in compliance with the zoning.

Ms. Smith explains the process of requesting information and the need for a form to be filled for tracking purposes. Ms. Smith notes that the old minutes of this case are on micro fiche and this research will require staff time to review the materials in Concord since the town does not have this type of reader. Mr. Jones states that requesting material at a meeting does not qualify as a request. Ms. Elliot expresses frustration with the fact that this information is not available and the necessary equipment is not accessible in the town offices.

Mr. Wolf reads Ms. Elliot’s deed, which clearly states that there is a right of way. Ms. Elliot states that there have been some concerns about proposals of what the business will consist of, selling used cars, and blocking of her access. Ms. Planchet states that if the merger is requested it will come before the board for review.

Ms. Planchet states that the board should consider the applicant’s waiver requests and refers to a document dated May 28, 2009 entitled Marshall Waiver Requests and suggests the board may consider and discuss these items by referencing the numbers on this document. Discussion ensues relative to the waiver requests as listed on the document.

Bob Holden makes a motion to approve the waiver requests for items #1-19 as listed on the Marshall Waiver Request document. Deborah Couch seconds. Ms. Couch asks about the public utilities and expresses concern with the moving of an existing pole. Ms. Planchet explains that this regulation requires the applicant to obtain written assurance from the utility company that the installation will be fine. Mr. Marshall states that the pole will not be removed. He explains that the trees will be removed that are attached by a guy wire. He states that the wire must be detached in order for the trees to be removed. Ms. Couch states that the utility company must be made aware of this. Mr. Marshall replies that the company has been informed. Bob Strobel makes an amendment to the motion to remove #2. Bob Holden seconds the amendment. The amendment passes unanimously; 5/0.

Mr. Strobel asks about #4 and #5 relative to the deeds and transferring land to the town. Ms. Planchet states that there will be no transferring of land or rights of way. Original motion passes to accept the waiver requests for #1-19, except for #2. Motion passes unanimously; 5/0.

Discussion is held regarding the number of plans that should be used with revision dates. Ms. Couch notes that one plan has only a line for the prime wetlands setback. Bob Holden makes a motion to approve the waiver requests for items #20-27 as listed on the Marshall Waiver Request document. Deborah Couch seconds. Mr. Strobel asks that the scale of the site plan be provided. Mr. Marshall replies that it is to scale, 1”=20’. Pete Jones makes an amendment to the motion to remove #22, 23, and 27. Bob Strobel seconds the amendment. The amendment passes unanimously; 5/0. Original motion passes to accept the waiver requests for #20-27, with #22, 23, and 27 exempted. Motion passes unanimously; 5/0 passes.

Pete Jones makes a motion to approve the waiver requests for items #28-38 as listed on the Marshall Waiver Request document. Deborah Couch seconds. Ms. Couch asks about #30 and what is included in that. Ms. Planchet states that a number of items are included. Ms. Couch states that if this waiver were approved, then the board would agree that the prime wetlands would not have to be shown on the plan. Deborah Couch makes an amendment to the motion to remove the section of VII-B(5)(e) which refers to zoning and special district boundaries. Bob Holden seconds the amendment. The amendment passes unanimously; 5/0. Original motion to accept the waiver requests for #28-38, exempting certain portions of #30; VII-B(5)(e). Motion passes unanimously; 5/0.

Discussion ensues regarding the next section of items, specifically #43 relative to sight distance and a sign. Mr. Marshall states that a letter was received from NHDOT regarding the driveway and there were no issues with a sign. Ms. Couch states that at the site walk the sign location was found to not be an issue. Mr. Marshall states that the sign was 10’ back. Mr. Jones asks if the state grants a permit will the town be liable for public safety relative to the sight distance. Pete Jones motions to approve the waiver requests for items #39-49, excluding #43. Deborah Couch seconds. A discussion is held regarding suitable access, #42. Ms. Smith states that with the non residential use, the board can review the site and ask if it is safe with the new use. Bob Strobel makes an amendment to the motion to remove #42 and #44. Second by Rick Wolf. Mr. Holden states that the site walk determined that there was adequate and safe access, #42. Ms. Couch agrees. Mr. Jones states that the board is satisfied with the item. Mr. Strobel states that Mr. Marshall has proposed that there is safe access, there are rights of way granted to the abutters, as noted in the deeds. The amendment and second are withdrawn. Bob Strobel makes an amendment to remove #42. Second by Deborah Couch. Amendment passes; 4/0. Mr. Holden was out of the room. Original motion to accept the waiver requests for #39-49, with #42 and 43 exempted. Ms. Smith asks if there is a bathroom facility located it the garage. Mr. Marshall replies no. Ms. Smith states that there will need to be a sanitary restroom facility available or a portable toilet would be necessary. Mr. Marshall replies that he intends to use the residence. Pete Jones makes an amendment to the motion to remove #48. Deborah Couch seconds. Motion passes; 4/0. (Mr. Holden was out of the room.) Original motion to grant the waivers for #39-49, with #42, 43, and 48 exempted. Motion passes unanimously; 4/0 passes. (Mr. Holden was out of the room.)

Mr. Holden returns to the board at 9:00 p.m.

Additional discussion ensues regarding the remainder of the waivers. Mr. Marshall states that the snow storage will be along the right side of the driveway, facing Rte 4 and he will note this on the site plan. Board members discuss the site walk and trees on the site relative to the landscaping.

Deborah Couch makes a motion to approve the waiver requests for items #50-79 as listed on the Marshall Waiver Request document not including items #50, 52, 54, 55, 56, 59, 62, 66, 71, 73, and 74. Pete Jones seconds.
Bob Strobel makes a motion, second by Pete Jones to remove #72. Amendment passes unanimously; 5/0. Original motion to grant the waivers for #50-79, with #50, 52, 54, 55, 56, 59, 62, 66, 71, 72, 73, and 74 exempted. Motion passes unanimously; 5/0.

Ms. Elliot again states her only concern relative to the access and being able to pass as she has for the past 25 years with no problems. Mr. Jones states that nothing being considered will alter the abutter’s rights. Mr. Marshall states that nothing will affect the abutters.

Ms. Smith notes possible conditions of approval and lengthy discussion ensues relative to the following activities and conditions:
(1) Voluntary merger of lots 23 & 24;
(2) Wetlands delineated on site by a NH certified wetlands scientist;
(3) Evidence provided from a licensed land surveyor that the proposed activity is outside the 100 ft buffer zone to a prime wetland;
(4) Requirements of zoning ordinance VI(A)(2)(a) must be met for prime wetlands setback of 100’ for all aspects of site plan, including parking and driveway; vegetation must remain in its natural state.
(5) All auto repair and service work shall be done within the existing garage.
(6) No outside sales of any type.
(7) No outside storage of automotive parts, fluids or related items; no outside storage of vehicles except in designated parking area only;
(8) Operation of business shall include NH Best Management Practices for containment and disposal of all automotive/vehicle fluids.
(9) Hours of Operation: 7:00 am to 7:00 pm Monday through Saturday
(10) State of NH driveway permit noting automotive garage
(11) Title block to be shown on plan
(12) All outdoor lighting in compliance with VA2g & VB1(d)1-5
(13) Adequate sanitary facilities for the garage to be provided, approved by the Northwood health officer.
(14) Note on plan to show whether in Flood Hazard area.
(15) 5 parking spaces shown on plan with dimensions per site plan requirements
(16) PSNH letter relative to the guy wire to be provided
(17) 5 copies of final site plan be provided
(18) Snow storage area to be shown on plan

Ms. Smith asks what the size of the garage is and how many cars are inside. Mr. Marshall replies 30’x40’ and 4 small cars can fit inside; however, two is sufficient. Ms. Smith states that there are safety and environmental concerns as well as the potential fluids with the prime wetlands nearby. Additional discussion is held regarding the location of the wetlands. Ms. Couch notes that the board agreed at the first meeting that a surveyed plan would be necessary if the application were approved.

Pete Jones makes a motion, second by Bob Holden, to grant the waiver request for #43, sight distance. Motion passes; 5/0.
Ms. Planchet reads the list of conditions under discussion.
1) Voluntary merger of lots 23 & 24;
2) Wetlands delineated on site by a NH certified wetlands scientist;
3) Evidence provided from a licensed land surveyor that the proposed activity is outside the 100 ft buffer zone to a prime wetland;
4) Requirements of development ordinance section VI.A must be met for prime wetlands setback of 100’ for all aspects of site plan, including parking and driveway; vegetation must remain in its natural state;
5) All auto repair and service work shall be done within the existing garage;
6) No outside sales of any type;
7) No outside storage of automotive parts, fluids or related items; no outside storage of vehicles except in designated parking area only;
8) Operation of business shall include NH Best Management Practices for containment and disposal of all automotive/vehicle fluids;
9) Hours of Operation: 7:00 am to 7:00 pm Monday through Saturday;
10) State of NH driveway permit noting automotive garage;
11) Title Block shown on plan;
12) All outdoor lighting in compliance with development ordinance sections V.A(2)(g) & V.B (1)(d)1-5;
13) Adequate sanitary facilities for the garage to be provided, approved by the Northwood health officer;
14) Note on plan to show whether in Flood Hazard area;
15) 5 parking spaces shown on plan with dimensions per site plan requirements;
16) PSNH letter about the guy wire to be provided;
17) 5 copies of final site plan be provided;
18) Snow storage area to be shown on plan, and,
19) All local, state, and federal permits to be obtained.
Deborah Couch makes a motion, second by Bob Holden, to approve the site plan application with the noted conditions read into record. Motion passes unanimously; 5/0.

Other Business:
Planner’s Items
Proposed Beauty Salon/”reverted use”
Ms. Planchet explains that Cheryl Higgins met with her regarding proposing a two chair beauty salon at the old Noels Bird Feeder location, where the most recent business was the Portable Pantry. She explains that prior to this use, the site was a beauty shop with two other businesses on the site. Ms. Planchet states that Ms. Higgins wishes to utilize this space as a two chair beauty salon again and has submitted a letter of intent noting the hours of operation proposed for Monday through Saturday from 6 a.m. to 10 p.m. Ms. Planchet states that the septic system is approved for a two chair beauty salon. She states that her recommendation is that Ms. Higgins could proceed with the proposed two chair salon without a site plan review application. Pete Jones makes a motion to not require a site plan review for Cheryl Higgins for a proposed two chair beauty shop. Second by Rick Wolf. Motion passes unanimously; 5/0.

Adjournment
Deborah Couch makes a motion, second by Bob Holden, to adjourn at 10:40 p.m. Motion passes unanimously, 5/0.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary

[ Back ]

top of page