Planning Board

Minutes

August 24, 2006

Official as of November 20, 2006 

Chairman Eric Reitter calls the work session to order at 6:30 p.m.

PRESENT: Chairman Eric Reitter, Joann Bailey, Lucy Edwards, Victoria Parmele, Board Administrator Linda Smith, Town Planner Elaine Planchet, Building Inspector David Hickey. Russell Eldridge arrives at 6:50 p.m.

VOTING DESIGNATION: Eric Reitter, Joann Bailey, Lucy Edwards, and Victoria Parmele and Russell Eldridge.

ABSENT: Vice-chairman Robert Jozokos, Selectmen Representative Ken Witham, Robert Fletcher, Alden Dill, Alternates Scott Martin and Nikki Roy, and Board Secretary Lisa Fellows-Weaver.

WORK SESSION:
Harmony Road and Rte. 4: Mr. Hickey states that he met with Pete Kinezich who is interested in going ahead with the old site plan approval for the parcel located at the corner of Harmony Road and Rte. 4. Mr. Hickey states that Mr. Kinezich will not be going ahead with the coffee shop; however, would like to proceed with the office space. Mr. Reitter asks when the site plan was originally approved. Mr. Hickey replies 1986. Mr. Reitter states that it needs to be determined if compliance was achieved within the four year exemption. He asks what was constructed within the first four years. Mr. Hickey states that the site has only been graded. RSA 674:39 is reviewed and discussion continues regarding the amount of site work that still needs to be completed. Mr. Reitter states that the two driveways were done by NHDOT and do not apply. Mr. Hickey feels that they have not done enough to qualify to be in compliance. Wetlands permits are not required as the site work for the wetlands has been completed. Mr. Reitter agrees with Mr. Hickey that there has not been enough work done within the first four years to vest the site plan. Substantial completion would be if a foundation was ready to be poured today and there is a lot of site work that needs to be done. Ms. Smith states that there is case law and refers to RSA 674:39. After additional discussion is held, all members are in agreement that there has not been enough site work done within 4 years to vest the site plan. 

Motiva: Mr. Hickey states that as part of the mediation there are structures that are being added to the site. One self contained trailer was placed behind the car wash two or three years ago. It was decided that since it was a temporary structure, they could get a variance and were issued a building permit. A complaint has been received and thus Mr. Hickey visited the site. A new structure, on wheels, has now been erected on the property line with a container piped into the car wash system. Mr. Reitter replies that if these structures will be there long term, then the board wants to know about what is going on the site. Mr. Hickey adds that there may be something wrong with the in ground sprinkler system as it appears to be spraying water heavily contained with iron and this is killing all of the trees on site. Mr. Reitter replies that the landscaping needs to be kept up per the site plan. The board agrees that a new site plan application would be necessary for the new self contained structure that has been placed on the site.
     
Legal Policy: Mr. Reitter states that he met with the board of selectmen regarding the town’s current legal policy, which states that permission must be granted in writing from the selectmen or town administrator prior to contacting town counsel. Mr. Reitter notes that this policy has not been enforced in the past; however, as of late, it is being enforced. Mr. Reitter states that per RSA’s, the planning board can hire their own consultants and therefore would not need to obtain approval from the selectmen or town administrator. He explains that he notified the selectmen that the planning board will not be complying with this policy. Mr. Reitter adds that it is his understanding that Selectmen Bryer and Shaffer understood; and Selectman Witham felt that things should not change and the board should still be required to go through the town administrator. Mr. Reitter notes that he feels that the policy is cumbersome, and unnecessary. He has provided, via email, a draft policy allowing the chairman, planner, and board administrator permission to contact legal counsel. Ms. Planchet will draft the policy noting that all requests and responses will need to be in writing. Mr. Reitter states that the board will need to hold two public hearings, which could be held on the regular meetings based on the board’s rules of procedure.

Recess: Mr. Reitter calls for a recess at 6:55 p.m.

MEETING:
Mr. Reitter calls to order the public meeting at 7:08 p.m. 

PRESENT: Chairman Eric Reitter, Joann Bailey, Lucy Edwards, Victoria Parmele, Russell Eldridge, Board Administrator Linda Smith, Town Planner Elaine Planchet, Building Inspector David Hickey. Selectmen Representative Scott Bryer arrives at 9:15 p.m.

VOTING DESIGNATION: Eric Reitter, Joann Bailey, Lucy Edwards, Victoria Parmele, and Russell Eldridge

ABSENT: Vice-chairman Robert Jozokos, Selectmen Representative Ken Witham, Robert Fletcher, Alden Dill, Alternates Scott Martin and Nikki Roy, and Board Secretary Lisa Fellows-Weaver.

REQUESTS FOR CONTINUANCE:
CASE: 06-22: Millstone Realty Trust, Jacquline Docko, First NH Turnpike. Map 217/ Lot 35. Applicant is seeking site plan review to construct a 20’ x 20’ storage garage. A request to continue has been received from Ms. Docko. Mr. Reitter states that the case is continued to September 28.

CASE: 06-13: Joseph McCaffrey, 280 Harmony Road. Map 123, Lot 4. Applicant is seeking to subdivide 5.08 Ac. into 2 lots; one lot will be 2.25 Ac. and the other lot will be 2.83 Ac. Application was accepted 4/27/06. {Continued from 7/27/06. 65-day 7/1/06.} A request to continue has been received from Mr. McCaffrey. Joann Bailey makes a motion, second by Russ Eldridge, to continue the case to September 28.

PRELIMINARY CONCEPTUAL CONSULTATIONS:
1. Suellen Drake, 103 First NH Tpke. Map 234; Lot 47. Ms. Drake is present regarding a site plan proposal for Northwood Primary Care. She explains that she would like to build a one floor modular ranch 28’ x 48’ for the business. Mr. Reitter states that landscaping is required. A discussion is held regarding the sidewalks. Ms. Drake asks if the sidewalks need to be shown on the plan. Mr. Reitter replies yes and adds that sidewalks are not required per the site plan regulations; however, it is something that will come up during the application process. He further notes that there is an existing sidewalk and additional sidewalks are being added in that area. Ms. Drake states that she is trying to work this into her budget. Additional discussion is held regarding the drainage of the site. Ms. Drake states that there is a drainage ditch that was put in by the state. Ms. Drake asks if the building should need to be moved slightly, would it be allowed as she is trying to save a few trees. Mr. Hickey states that he does not have a problem with moving the building unless it ends up in the setbacks. Mr. Reitter states that Ms. Drake should come prepared to deal with parking and traffic. He adds that if there is a proposal for a road out back, it should be shown on the plans. He adds that construction details for the driveway and parking areas will need to be provided as well as the hours of operation should be shown on the plan.

2. Elisabeth Bryan, 17 Overlook Road. Map 210; Lot 22. Ms. Bryan is interested in purchasing land from Melissa Tremblay on Overlook Road. The parcel would be 2 acres and at the end of Overlook Rd. A discussion is held regarding being more than 1000’ from a single point of access; from Bow Lake Road. Mr. Reitter explains that a waiver could be requested; however, waivers for this regulation have not been granted previously as it is a safety issue. Further discussion is held regarding upgrading the road to the rural road standards and private roads. Mr. Hickey notes that should the subdivision be created, Ms. Bryan would need to appear before the zoning board for a variance or special exception as there would be no road frontage. Mr. Reitter adds that this project would also need approval from the selectmen in order to obtain a building permit.  3. Deon – Condex. No one is present.

OLD CASES:
7:45 - CASE: 06-08: Franklin and Sandra Bean, 36 Bean Road. Map 234, Lot 12-2. Applicant is seeking a four lot subdivision of 22.47 Ac. One lot will have existing house, septic, and well. 3 remaining lots will be approximately 2.5 Ac. Fourth lot will be 14.8 Ac. Frontage proposed on new Class V road, which will be 650’ long; open space design. Application was accepted 4/27/06. {Continued from 7/27/06. 65- day 7/1/06.}

CASE: 06-09: Franklin and Sandra Bean, 36 Bean Road; Map 234, Lot 12-2.  Lorraine and David Ruth, 114 First NH Tpke., Map 234, Lot 13. Applicants are seeking a boundary line adjustment to add 0.49 Ac. onto lot 13, to become 1.9 Ac. Lot 12 will be reduced from 22.62 Ac. to 22.12 Ac. This will add 5’ frontage onto lot 13 along Rte 4.  Application was accepted 4/27/06. {Continued from 7/27/06. 65-day 7/1/06.}

Mr. Reitter states that both Bean applications will be addressed at the same time. Rick Drew, of Orvis and Drew, is present along with Sandy Bean. Mr. Reitter provides a recap of the status of the application. An attorney has provided a letter stating that information has been received relative to the easement locations.

Drainage being pulled away from Rte. 4. is discussed as well as the grading. Mr. Reitter suggests that the 5% grade be reduced to a 3% grade. Mr. Drew states that this has been reviewed by their engineer and there appeared to be no problems. He states that maybe they will request a waiver. This will be further addressed. 

Homeowner’s documents have been provided along with the protective covenants. Eric Reitter makes a motion, second by Victoria Parmele, to send the documents to town counsel for review and necessary funds be placed in an escrow account. Motion passes unanimously; 5/0.

Open space calculations need to be provided and a note to be added to the plans showing the open space calculations. 
Underground utilities need to be shown on the plans.
Well radii needs to be shown on the plans.
A written waiver request must be provided for the street light at the end of the road. 

Mr. Reitter requests that a new full set of plans be provided for the September 11, 2006, TRC meeting. Mr. Reitter states that the board will have the comments from town counsel. Mr. Drew adds that they should have the PSNH information as well. Mr. Reitter states that the regulations require 3% for the first 50’ of the driveway.

Additional discussion is held on the 3% grade and the driveway. Mr. Drew notes that he recalls that there may be a specific reason as to why they were not able to go up all the way. Mr. Reitter makes a motion, second by Mr. Eldridge, to continue the case to September 28, 2006, at 7:00 p.m., at the applicant’s request. Motion passes unanimously; 5/0.

NEW CASES:
CASE: 06-20: Paul and Leslie Longueil, 1 Cooper Hill Road. Map 234/Lot 29. Applicant is seeking a 2 lot subdivision; one lot will be 35.25 Ac. with 157.36’ of frontage and the other lot will be 3.21 Ac. with 150’ of frontage. Both lots have existing buildings and driveways.

Bill Wormell is present and explains that the proposal is for a 2 lot subdivision from an existing parcel of 38 acres on Cooper Hill Road. There is an existing home on the 38 acre parcel, lot 234-29. He states that the new 3.21 acre lot would contain the existing block building and driveway and would have 150 ft. of frontage. State subdivision approval has been received. Test pit data has been submitted.

Ms. Planchet asks if the proposal would be a regional impact. A discussion is held regarding the boundary lines of the parcel. Mr. Wormell states that the entire 38 acre parcel is within the Town of Northwood. Subdivision regulations are reviewed regarding regional impact requirements. It is determined there is no regional impact for this project.
 
Eric Reitter makes a motion, second by Russ Eldridge, to accept the application, as complete. Motion passes unanimously; 5/0. Mr. Reitter opens the public hearing and reads the abutters list. The public portion is opened. Rick Wolf asks about the existing structures on the lot and the driveways. Mr. Wolf asks if the lot with the house is already an existing lot. Bill Wormell replies yes.

TECHNICAL REVIEW COMMITTEE COMMENTS:
Following a review of the submitted application, the following comments were generated from the 8/14/06 TRC meeting:
• 3.03 - waiver for driveway – Site distance.
• 4.06 – Notes needed for the easements.
• Determine if the application is deemed to be a regional impact; property lines in Northwood and Nottingham.
• 4.09 – At least 5 acres need to be shown; provide details of the new 35.25 acre parcel.
• Agricultural Soils Overlay District: What would be the percentage of the new 35.25 acre parcel?
• Total area of contiguous uplands.
• Location of driveway.
• Proposed conditions of property.

A discussion is held regarding the waiver from the site distance and the contour intervals. Ms. Edwards expresses concern with the site distance and asks if the driveway could be moved. Mr. Wormell explains that there is 300 +/- off Rte 4 and 200 ft. from the other driveway. Rick Wolf states there may be an existing driveway and adds that this is a difficult corner. Mr. Reitter asks if there is a possibility of moving the gravel driveway on the 3.2 acre lot to increase the site distance in the other direction from the stop sign. Mr. Wolf states that the state is going to make this a dead end road when the intersection is completed. Additional discussion is held regarding the use of the driveways and the increase of trips per day. Mr. Wormell states that this is an existing driveway and he does not feel that anything will change. There will be no additional impacts. Ms. Smith states that the existing building has a site plan approval for a business. This could have the potential to create more traffic should the use change.
 
Mr. Reitter reads the waiver request for 2 foot and 5 foot contours. Russ Eldridge makes a motion, second by Victoria Parmele, to grant the waiver request. Motion passes unanimously; 5/0.

Mr. Wormell provides old survey plans. He states that the lots were combined by a voluntary merger. The plan provided shows that the entire parcel is within Northwood.

Agricultural Soils Overlay District: Mr. Wormell states that all of the agricultural soils are on the large piece. Mr. Reitter asks if the total of agricultural soils acreage is less than 25% on the total parcel before the subdivision is approved. Mr. Wormell replies that that is correct.

Mr. Reitter asks what the total area of contiguous upland is. Mr. Wormell replies 69,300 sq. ft. and notes that it is located on the plan.

Mr. Wormell provides a letter from PSNH regarding the easement. Mr. Hickey states that there is a building within the easement. Mr. Wormell replies that the building is allowed. 

A site walk is scheduled for Sept. 11, at 6:30 p.m. Mr. Reitter states that the application is continued to September 28, at 7:00 p.m. and the public portion will remain open.

Mr. Reitter calls for a 5 minute recess. Session resumes at 8:33 p.m.

CASE: 06-21: Charles and Tammie Beaulieu/Gary and Debbie Lee, Lynn Grove Road. Map 118/Lots 1.3 and 2. Applicants are seeking a boundary line adjustment of lots 1.3 and 2; and a subdivision of lot 2 into 2 additional building lots. 

Attorney Malcolm McNeil is present along with Charles and Tammie Beaulieu, and Gary and Debbie Lee.

Attorney McNeill provides an overview of the parcel that is being subdivided.
He explains that this is a boundary line adjustment and a change of 2 existing lot into 4 lots, on a class VI road.

Atty. McNeill explains that the existing Lee parcel is 2.30 acres. Relative to the boundary line adjustment, he explains that frontage is being removed from the Lee’s parcel and being applied to the other lot and in turn, four lots will be proposed. The three remaining lots will be 2.52 acres, 4.885 acres, which is the existing lot with the duplex, and the larger parcel will become 35.428 acres.

Atty. McNeill states that the road to these parcels is a class VI roadway. A waiver will be requested as has been done consistently in the past relative to this roadway. He adds that there has been significant development along this roadway in recent years. He adds that they are seeking the board to accept that the plan is complete.

Atty. McNeill states that they are requesting two waivers: relief from the topography on the large lot and the other is for drainage along the roadway.  

Atty. McNeill states that the engineer has provided responses and a narrative to the board’s TRC comments. 

Mr. Reitter states that he received a report that at the recent selectmen’s meeting, the planning board’s selectmen’s representative Selectman Witham, had made some strong statements in favor of approving the subdivision. He states that he finds this inappropriate that this would be done prior to reviewing plans and prior to hearing information relative to the project. Discussion is held regarding whether the board should ask Mr. Witham to recuse himself when he is present. Mr. Reitter adds that this matter needs to be addressed prior to opening the case to the public and accepting it. Atty. McNeill states that they were not aware of this prior to coming to the meeting tonight. Ms. Smith states that she contacted the administrative assistant for the selectmen’s minutes who replied that the minutes would be forwarded as soon as they were completed. Mr. Eldridge states that he was at the selectmen’s meeting and heard comments relative to this project. Ms. Smith states that she would question if the comments were being stated in a general manner regarding applications or was Mr. Witham pre-judging the project. Mr. Eldridge replies that it appeared to him that he was prejudging the subdivision. Ms. Planchet refers to RSA 673:14, regarding the disqualification of a member. Atty. McNeill states that the person is not present tonight and brings nothing to the meeting tonight. In addition, Atty. McNeill states that this discussion should not delay what the applicant is requesting. He adds that they were not aware of the issue and do not want anyone sitting at the board who is biased one way or another. Mr. Reitter replies that the board is not trying to delay; the discussion is based on the RSA that the board needs to do something prior to opening the case to the public. Atty. McNeill adds that the RSA would relate to the persons involvement and should be raised when the person is present. The board agrees that this will be handled at a later date should Mr. Witham attend a meeting.

A discussion is held regarding completeness. Ms. Smith asks if there is a waiver request for a 1000’ from a single point of access. Atty. McNeill replies that there is no waiver request. He explains that the existing house is 1200’ from the appropriate distances.

Eric Reitter makes a motion, second by Lucy Edwards, to accept the application, as complete. The public hearing is opened and Mr. Reitter reads the abutters list. Two people present from Brown Engineering along with Tammie & Charlie Beaulieu, and Grover Revocable Trust. Concern is expressed regarding the drainage on the road as the sand on the road enters their property. Rick Wolf asks about upgrading the private road.
Following a review of the submitted application, the following comments were generated from the technical review committee:

• Provide original lot lines for 118/2 and 118/1.3. It would be easier to review if existing lot lines were shown and then the proposed changes.
• Provide a narrative explanation of what is proposed.
• 4.06(D) easements, covenants, deed restrictions?
• Zoning districts/overlay districts involved?
• 4.10(F)(11) test pits and results for new building lots?
• More than 1,000’ from a single point of access.
• Provide any waiver requests in writing.
• 4.10(D) setbacks lines for wetlands.
• 4.10(F)(6) Drainage plans.
• 4.10(F)(7) plans for firefighting water supply.
• 4.10(F)(12) proposed easements/driveways, etc.
•  4.09(A) Provide details of land descriptions.
• Provide details of what is located on 118/2 near the lot lines.
• Provide details of what is going on or planned in the thins strip of 118/2 that is along the side of 118/2.1

Discussions are held regarding the TRC comments as follows:
A discussion is held regarding road maintenance. Ms. Beaulieu states that April 16, 2001 the association was formed with the cost of $200 per lot, at this point.

Overlay districts need to be shown on the lot.
Test pits have been completed and the results will be forthcoming.
State subdivision approval is pending at this time.

Additional discussion is held regarding the waiver request and the Master Plan, which refers to public safety in the Gulf area. Ms. Beaulieu refers to a case with two houses on one lot and the planning board approved a subdivision of the property. Mr. Reitter replies that with this issue, the house had been built in 1978. Ms. Smith adds that building permits were issued for both lots. Ms. Beaulieu asks if there is a safety issue, why businesses are being approved in the area and it seems to be contradictory. Atty. McNeill states that they will further articulate the waiver request, however; it must be in context of the existing conditions and the fact that this proposal is for two new house lots.

Selectman Bryer arrives at 9:15 and sits with the board.

A discussion is held regarding the wetland setbacks and the proposed driveways within the wetland setbacks lines; Parcel A. Mr. Reitter states that the driveways per the subdivision regulations should not be in the setbacks. This will be addressed by Brown Engineering.

Further discussion is held regarding the drainage. No ditch work is proposed along Lynn Grove Road. Brown Engineering representative states that culverts may be necessary for the driveways. Mr. Reitter states that stopping site distances need to be shown for the new driveways. Further discussion is held regarding the driveways for the lots. 

Mr. Reitter asks for plans regarding fire fighting and water supply. A map is provided showing that there is a fire hydrant within 5 miles on Cole Rd.

Discussion is held regarding driveway easements. Mr. Hickey notes that Woods Road goes through lot 2.1 and would need to be granted an easement for the corner portion. Mr. Reitter states that this would need to be shown on the subdivision plan. 

A discussion is held regarding what is located on 118/2 near the lot lines. Ms. Beaulieu states that this lot contains a duplex. A waiver has been submitted. Ms. Beaulieu notes that a detail of what is planned in the thin strip of 118/2 that is along the side of 118/2.1 is a shared driveway.
 
Waivers:
Topography: Eric Reitter makes a motion, second by Russ Eldridge, to grant the waiver for topography for lot 118/2. Motion passes unanimously; 5/0.
Stormwater Management Plans: Mr. Reitter feels that a plan is not beneficial here.  Eric Reitter makes a motion, second by Russ Eldridge, motion to grant the waiver for stormwater management plans. Motion passes unanimously; 5/0.

A site walk is scheduled for Sept. 7 at 6 p.m. 
The case is continued to Sept. 28 and the public hearing will remain open.

OTHER:
NHDOT: Another meeting regarding follow up from NHDOT has been scheduled for Sept. 11 at 7 p.m. Invite the police commissioners, chief of police, and highway advisory committee. 

Budget: Expenditures are reviewed and general discussion is held.

Newbury North Development: Linda Smith states that she received a call from Mr. Catapano of Newbury North regarding erosion control, matting and ditching along the side of the road. Mr. Reitter explained that with the road being as steep as it was, there could have been some areas washed out and they may want to use stone rather than the jute matting. He adds that this is not a significant issue. Ms. Smith directed Mr. Catapano to contact Underwood Engineering to proceed with this. Mr. Reitter states that Underwood should submit a letter as there is still money in the escrow.

Additional discussion is held regarding the planning board using Underwood Engineering. Ms. Smith explains that she had a conversation with the town administrator who stated that the selectmen have voted to use another engineering company. Ms. Smith states that there needs to be some communication relative to the town’s engineering services and that the planning board is able to have someone other than the selectmen. Ms. Edwards notes that the town is not paying for the engineers, it is the applicant. Mr. Reitter states that the planning board has a separate engineering firm than the selectmen and nothing has changed. He adds that Underwood is currently doing a review of the Bean project. Mr. Reitter states that the planning board will continue to use Underwood Engineering until the planning board goes out to RFQ again, maybe this fall. If comments need to be addressed with Underwood, then a meeting needs to be set up prior to the board doing RFQ’s.  

Mr. Hickey notes that he is not receiving field reports. Mr. Reitter states that the building/code enforcement office as well as the road agent should be provided all field reports of road construction. Mr. Reitter states that a request needs to be made to the selectmen requesting that Jim Wilson and Dave Hickey be copied with the field reports of the road construction.

Northwood Business Center: Additional discussion is held regarding the progress of this project. Mr. Hickey states that he has been having meetings with the contractor and owners. There has been some considerable progress within the past three weeks. 

Plan Sign-Off Form: Ms. Smith introduces a new form to show when plans have been signed.

MB Tractor: Mr. Hickey states that he has had a discussion with Mr. Collins of MB Tractor regarding outstanding site plan issues; storm water treatment, fence around dumpster, plantings, striping. Mr. Hickey states that MB Tractor only has a temporary certificate of occupancy. Mr. Collins stated that they plan to begin completing issues over the weekend.    

Town Hall Hours: Ms. Smith states that she was informed verbally today that the selectmen have decided that staff would not be able to be working alone in the building after 5 p.m. Ms. Smith states that this is a safety concern. She adds that additional issues have been raised regarding employees being able to work at home. She requested that the board support her if she would need to address the selectmen. Mr. Reitter states that he understands the concerns of the selectmen and agrees that all staff should have the same work hours and standards. He adds that in the case of the planning board, there is not enough space for two people to work together in the office; board administrator and the planner. Thus, it was agreed that Ms. Planchet would be working from home on Mondays yet simultaneously with Ms. Smith. Mr. Reitter adds that Ms. Planchet is still at a minor part time level and yet still trying to be efficient. He feels that this is more practical and notes that with the current set up with open cubicles it is difficult. Ms. Smith adds that there are some times when hours are better served. Mr. Hickey states that people do not realize the amount of questions that the public has and the time required for assistance. The board agrees that they would support Ms. Smith and Ms. Planchet to continue to work at home.       

CORRESPONDENCE:
All correspondence is reviewed.

SIGNATURE/PENDING FILES:
CASE: 06-11: Elias and Klia Ververidis, 188 First NH Tpke. Map 231, Lot 35. Site plan for art gallery and studio. Conditional approval 4/27/06. A discussion is held regarding this plan. Ms. Smith states that the plans are not signed and there is an error on the plans. Mr. Hickey states that there are some outstanding issues that do need to be resolved. He intends to address this on Saturday.

Items for Zoning Changes:
- Solution for another access for the Gulf Road area.
- Ms. Bailey requests that the board move on issues regarding DOT concerns.

Reminders:
TRC and NHDOT meeting: September 11, at 7:00 p.m.
Regular meeting: September 28, at 6:30 p.m.

ADJOURNMENT:
Russ Eldridge makes a motion to adjourn, second by Joann Bailey. Motion is unanimously accepted at 10:15 p.m.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary