Planning Board

Minutes

January 4, 2006

Official as of April 10, 2006

Eric Reitter calls the public hearing from January 3, 2006, out of recess at 8:25 p.m.

PRESENT: Chairman Eric Reitter, Vice-Chairman Bob Jozokos, Selectmen’s Representative Lucy Edwards, Joann Bailey, Board Administrator Linda Smith, and Board Secretary Lisa Fellows-Weaver.

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

ABSENT: Alden Dill, Russell Eldridge, Ken Rick, Alternate Nikki Roy, Alternate Scott Martin, and Alternate Gretchen Colpritt.

Mr. Reitter explains that the purpose of the meeting tonight is a result of comments and concerns expressed by the public at last night’s public hearing for the proposed ordinances. Much discussion is held relative to the testimony of residents and the board agrees to make the following changes and repost as follows:

2006 Proposed Zoning Changes

Article/Section    Subject  

Section 2.01(F):

Additional discussion is held regarding Section 2.01(F). It is agreed that this section will be eliminated and put into the site plan regulations, per town counsel’s recommendation.

Elderly Housing:

Ms. Smith notes that there are some changes per town counsel’s recommendations. No further discussion is held.

Section 2.06 ~ Impact Fees:

Discussion is held regarding changes to the impact fees. Ms. Bailey expresses concern regarding the need for a fee schedule. She feels that it should be established and made available to the public. She adds that it is premature to proceed with the fees. Ms. Smith explains the process and the fact that the planning board does not have the authority to establish an impact fee schedule without first establishing an impact fee ordinance. Ms. Edwards explains that the selectmen will have the finance technician’s hours increase from 28 hours per week to 30 hours per week to allow time for work related to impact fees. The selectmen do not feel that there is too much involved. General consensus of the board is to continue with the proposal, as presented. 

Section 2.07 ~ Large Scale Business:

No changes discussed; OK as presented. 

Section 3.03 (B)(1) ~ Residential Density:

No changes are discussed for the formula; OK as presented. 

Section 3.04 (G):

This section to be addressed. 

Section 5.06 ~ Sidewalk Overlay District:

Town counsel will further check on areas for sidewalk districts.

Section 6.04 ~ Open Space:

After discussion, this section will remain as presented. Mr. Reitter states that this provides an incentive. He feels that this is a benefit to the town as there is more open space and in the end and less road for the town to maintain.

Table 3.1 ~ Dimensions Table:

A discussion is held regarding increasing the minimum setback for structures from water bodies. Mr. Reitter states that there are three options:

1. leave the setback as is, 20’

2. leave the setback as proposed, 50’, or

3. come up with footage somewhere in between.

Mr. Roy suggests that the board phase the setback increase in a palatable way. This would introduce the idea and during the next year the board could remind applicants, public, etc. when they review plans and ordinances that the board will be proposing a change to the 50’ within the upcoming year or years. Mr. Reitter suggests 30’ - 35’. After additional discussion, the board agrees to propose 30’ for the first year and note that it is with good intention that the board will propose additional increases. Ms. Edwards comments that the board needs to continue to upgrade to do what is right for the town as a whole. She adds that there is an impact to individuals but there is also a greater impact to the natural resources that all of the town’s residents enjoy.

Section 1.04 (C)(2):

Much discussion is held regarding the 40,000 sq. ft. lot area at the request of the ZBA. Mr. Reitter states that over the past year the ZBA reviewed 27 requests for a variance for primary structures on non conforming lots. Out of the 27, 21 were granted and 6 were denied due to other zoning ordinances that were not met. He adds that the current ordinance is not working. He suggests that the board either change it or rewrite it. Additional discussion ensues regarding special exceptions and protecting the water quality of private wells. The board agrees to require the following:

1. Septic systems be at least 75’ from an open drainage or surface water, 50’ from hydric “B” soils, 75’ from hydric “A” soils, and at least 75’ from existing wells. All septic systems must meet all other setback requirements set by NHDES Subsurface Division unless a waiver is granted by the appropriate state regulatory agency.

2. The well radius of the lot in question shall be 75’ and may not extend beyond the building setbacks for the adjoining lots.

Section 2.06:

Mr. Reitter states that comments from town counsel regarding impact fees that were exempted need to be incorporated into the document.

The board reviews comments from town counsel as follows:

Section 1.04 – Non-Conformity:

Mr. Reitter states that this section is ok. There will be no changes except to address the special exception matter of 40,000 sq. ft.  

Section 2.01 (F):

This section will be deleted and placed into the site plan regulations.

Section 2.02:

Mr. Reitter states that this section is fine.

Section 2.06:

Section II (A): Accept counsel’s change as noted.

Section III (C): Accept counsel’s changes as noted, as follows:

- deleting by the planning board in the beginning

A discussion is held regarding Section III(C)(c). Counsel suggested removing this section. Mr. Reitter disagrees and feels that the planning board can define the projection of future uses and feels that this should remain. The board agrees to leave this as is.

- deleting Sections III(C)(g), (h), (i)

Section III(F): delete entire section

Section IV: deleted entire section

Section V now becomes Section IV and amend (B) as follows:

Add in town counsel’s recommendation to Section (B)

Add (B)(1) Exemptions from Assessment:

(a) School facilities:

Non residential and elderly housing developments shall be exempt from impact fees for school facilities.

(b) Public libraries:

Non residential development is exempt from impact fees for public libraries.

(c) Public recreation:

Non residential development is exempt from impact fees for public recreation.

Section V(C): accept town counsel’s recommended changes

Section (D)(c)(d): accept town counsel’s recommended changes

Table 2.1:

Add Wholesale Business;

Add Large Scale Business

Add language for Residential Density - Dwelling Units

Section 7.0 ~ Definitions:

Discussions are held regarding the need for new definitions for Low Permeability Surfaces, Manufactured Housing, and Wholesale.

Eric Reitter makes a motion to approve the changes for the proposed 2006 ordinances, as discussed. Joann Bailey seconds. Motion passes unanimously; 4/0.

OTHER:

Public Hearing:

A public hearing is scheduled for January 24, 2006; at 7 p.m. Mr. Reitter requests that the changes be forwarded to Bruce Farr, Zoning Board Chairman.

Reminders:

Ms. Edwards suggests that phone calls be made for reminders of the 1/24/06 second public hearing, one week prior. 

Lucy Edwards makes a motion, seconded by Joann Bailey, to adjourn. Motion is unanimously accepted at 10:35 p.m.

Respectfully submitted,

Lisa Fellows-Weaver

Board Secretary

Town of Northwood

Planning Board

January 4, 2006