The Town of Northwood, New Hampshire - Planning Board Minutes 01/26/2005

PRESENT: Vice-Chair Nicole Roy, Selectmen Representative Lucy Edwards, Joann Bailey, Robert Jozokos, Board Administrator Linda Smith, Building Inspector/Code Enforcement Officer David Hickey, and Board Secretary Lisa Fellows-Weaver. Russell Eldridge (6:43), Chairman Eric Reitter (6:52).

VOTING DESIGNATION: Eric Reitter, Lucy Edwards, Bob Jozokos, Joann Bailey and Russ Eldridge.

ABSENT: James Hadley, and Alternate Gretchen Colpritt.

PUBLIC PRESENT: Robert Bailey, Nona Holmes, and Roy Pender.

Ms. Roy explains that this meeting is the second public hearing for the planning board’s proposed zoning changes. She reads the proposed changes and discussions are held as follows:

Section 1.04(C)(2)(3)(4)(5) NON-CONFORMING LOTS. Amend section to clarify the criteria for development of non-conforming lots; and re-number existing sections. Nona Holmes expresses concern with people being able to do what they want with their property. She feels that sometimes the town boards and neighbors can get carried away. She does consider this change a reasonable change, as there is no major constriction being applied to what people may want to do to their property.

Section 2.01 (C)(1)(g) LIGHTING. Add new section to adopt lighting regulations for all permitted uses in Table 2.1. Mr. Hickey explains that the current lighting ordinance applies only to commercial properties. There is no residential lighting ordinance and there have been some complaints from residents with lighting issues and currently there is no way to enforce it. This ordinance takes part of the existing commercial ordinance, and applies it to residential areas.

Section 2.04 TOWN OF NORTHWOOD FLOODPLAIN MANAGEMENT
ORDINANCE. Amend section to identify updated Flood Insurance Study and maps. Ms. Smith explains that there is a copy within town hall however the maps will not be adopted until May 17, 2005.

Section 2.05 ADD NEW SECTION: GROWTH MANAGEMENT ORDINANCE. No discussion is held.

Eric Reitter arrives and continues.
2.1 TABLE OF USES. Add Business Office and Professional Office. No discussion is held.

7.0 Definitions: Add new definitions for Professional Office; rename Age-Restricted (Elderly) to Elderly and amend definition. No discussion is held.

Section 10 of the Northwood General Ordinances: Adopt the International Building Code/2000 and International Residential Code/2000. Mr. Hickey states that the state has adopted the international code accept for residential use. Mr. Eldridge states that they should be updated next year. Mr. Hickey states that he feels it would be better for the town to stay with what the state agencies are using. He further explains that the state is on a three year cycle with updating these codes. Mr. Eldridge asks if there is a way to make the adoption of these codes universal so that the town automatically updates the codes when the state does. Mr. Hickey states that he has spoken with counsel and hoped to do this via a public hearing but it needs to be taken to town meeting. Ms. Smith agrees. Mr. Pender refers to RSA 155:A1 4 NH state building code and the review board. Ms Smith states that the planning board can only recommend or not recommend these changes. No other changes can be made. This suggestion will be looked into for next year as town counsel wanted the board to be specific. Town counsel has reviewed these and this change needs to be adopted similar to a zoning ordinance.

With no further comments from the public, Mr. Reitter closes the public hearing portion of the meeting.

Ms. Smith states that the planning board posted these changes for tonight’s meeting. She states that at the January 9, 2005, meeting there was a different option posted for Section 1.04. She discussed this option with town counsel and counsel stated that it would okay for the board to recommend either option as both options have been properly noticed. Ms. Smith states that this change would allow non-conforming lots of 40,000 sq. ft. that must have 150 ft. of frontage not zero frontage. There is nothing that exempts frontage. She explains that two options for Section 1.04 have been heard. Mr. Reitter explains that there are three options as follows: 1) do nothing, 2) go with 40,000 sq. ft., and 3) go with 40,000 sq. ft. with 75 ft. of frontage. Ms. Smith states that this issue was first addressed back in 1974. Mr. Reitter states that a non-conforming lot now is a lot with less than 2 acres and less than 150 ft. of frontage; no building permit can be obtained. Further discussion is held regarding the 1974 adopted regulations and at that time lots of record of 40,000 sq. ft. with 100 ft. of frontage were exempt. Ms. Smith adds that if the lot was not on a plat, recorded at the registry of deeds, it was not exempted from the 80,000 sq. ft. In 1999, the zoning ordinance was rewritten and was explicit in replacing the entire ordinance and put 80,000 sq. ft. with 150 ft. of frontage as a standard and did not allow for the 40,000 sq. ft. and 100 ft. of frontage. It then went from 80,000 sq. ft. to 2 acres but non-conforming stayed the same; non-conforming could not be developed. She adds that by not enforcing this and the planning board putting something in place; it would bring the regulations in line with what has been in the regulations. Ms. Edwards asks for clarification that all of the old lots that are 40,000 sq. ft. with less than 75 ft. of frontage have been being assessed as buildable lots and would now need to be re-assessed as non buildable lots. Ms. Smith states that if the lots have been being assessed incorrectly based on town regulations, it was not under the authority of the planning board. The assessing department has erred over the years in incorrectly assessing properties based on the practices of the building department rather than the laws that exist. She adds that the planning board has brought forward a viable option. Mr. Bailey refers to areas in Long Pond, Lucas Pond, and in Harvey Lake Estates that are currently being taxed as buildable lots. He adds that lots are being assessed as buildable lots and are undersized. Mr. Reitter states that he has done some research and there are approximately 103 lots less than 20,000 sq. ft., 111 lots at less than 30,000 sq. ft. and 144 lots at less than 40,000 sq. ft. He adds that there is not a big difference and the majority of the lots are postage stamp lots.

A discussion is held regarding the impact on the town’s taxes. Mr. Reitter states that based on information provided by the town administrator, approximately $3 million of assessed value is over-stated. Ms. Edwards adds that this is pre-assessed figures. Mr. Reitter states that this value is for lots less than .92 acres. Frontage is not included and the lots are less than 40,000 sq. ft. and lots that have not been built on to date. Mr. Reitter states that based on the 2004 tax rate, if the town were at 100% of assessed value the impact would be $114,000. Mr. Reitter states that 44 of the 144 lots are waterfront. Ms. Smith states that some of the lots may have right of ways or wetlands, have some ledge, etc., which would not be able to be developed. Mr. Reitter adds that he did not include any town owned properties either. Ms. Roy states that this is something that we can work together to fix. This issue was not a problem created by the planning board. Mr. Bailey notes that the zoning board is the board to see for relief. Ms. Edwards states that the board could wait on this ordinance, meet with assessing for accurate figures and hold a special town meeting, as soon as possible. She adds that assessing will be completed in August before there would be accurate figures available. This shows that there is a problem that needs to be addressed and she states that she is leaning toward the 75 ft. of frontage and put it out before the voters that this issue needs to be corrected. She adds that there needs to be education done for the public. Mr. Hickey states that the public does not understand the ordinances and the ramifications. Further discussion is held regarding the education that can be done and made available. Ms. Edwards states that the selectmen had a brief discussion regarding Section 1.04 at their 1/25/05 meeting, but she now has more information.

Section 1.04(C)(2)(3)(4)(5) NON-CONFORMING LOTS. Ms. Roy makes a motion, second by Russ Eldridge, to recommend Section 1.04(C)(2)(3)(4)(5) NON-CONFORMING LOTS, that was posted January 26, 2005. Motion passes unanimously; 6/0.

Section 2.01 (C)(1)(g) LIGHTING. Lucy Edwards makes a motion, second by B to recommend Section 2.01 (C)(1)(g) LIGHTING, to the warrant. Motion passes unanimously; 6/0.

Section 2.04 TOWN OF NORTHWOOD FLOODPLAIN MANAGEMENT ORDINANCE. Eric Reitter makes a motion, second by Russ Eldridge, to recommend Section 2.04. Motion passes unanimously; 6/0.

Section 2.05 ADD NEW SECTION: GROWTH MANAGEMENT ORDINANCE. Eric Reitter makes a motion, second by Lucy Edwards, to recommend Section 2.05. Motion passes unanimously; 6/0.

2.1 TABLE OF USES. Add Business Office and Professional Office. Eric Reitter makes a motion, second by Nikki Roy, to recommend 2.1 TABLE OF USES with the additions of Business Office and Professional Office, and adding the definitions of Professional Office; rename Age-Restricted (Elderly) to Elderly and amend the definition. Motion passes unanimously; 6/0.

A discussion is held regarding terms available on the board. Nikki Roy’s term is up along with Bob Jozokos, Jim Hadley, and Eric Reitter. Ms. Roy states that she will not be running as is the same with Mr. Hadley. Mr. Reitter states that he will run again, as will Mr. Jozokos. A discussion is held regarding Ms. Roy becoming an alternate member. Bob Jozokos states that he will file for one year.

Joann Bailey left the meeting at this time.

Non-Public Session:

8:07 p.m. Eric Reitter makes a motion, second by Lucy Edwards, to enter into a non-public session under RSA 91-A:3IIe. Motion passes unanimously; 5/0.

8:20 p.m. Eric Reitter makes a motion, second by Nikki Roy, to come out of non-public session. Motion passes unanimously; 5/0.

8:21 p.m. Eric Reitter makes a motion, second by Nikki Roy, to seal the minutes of the non-public session. Motion passes unanimously; 5/0.

Adjournment:
Russ Eldridge makes a motion, second by Nikki Roy, to adjourn. Motion passes unanimously; 8:22 p.m.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary

Town of Northwood
Planning Board
January 26, 2005

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