Planning Board

Minutes

March 27, 2008

Official as of May 22, 2008

The meeting is called to order at 6:30 p.m. by Vice-chair Nikki Roy. 

PRESENT: Vice-chair Nikki Roy, George Jabre, Robert Fletcher, Herb Johnson, Roger LeClerc, Alternate Victoria Parmele, Town Planner Elaine Planchet, and Board Administrator Linda Smith.

VOTING DESIGNATION: Nikki Roy, George Jabre, Robert Fletcher, Herb Johnson, Roger LeClerc, and Victoria Parmele.

ABSENT: Pete Jones and Selectmen Representative

Election of Officers

Chairman: Mr. LeClerc nominates Mr. Fletcher, seconded by Mr. Jabre. Mr. Fletcher states that he will accept the nomination and adds that he has been on the board 2 years and was absent for one year as he has been in Iraq. However, he states that he still has a sense of service to the community and is interested in planning. He states that he worked with the planning board when he developed his own properties and also worked with the developer for the NECU project. Ms. Parmele states that the chair should be impartial. Mr. Fletcher agrees and adds that there should not be any politics in planning. He adds that he has lived in Northwood for 15 years and feels that things appear to be much more positive now. He states that he feels that whatever a property owner wants to do, as long as it doesn’t impact the community, the owner should be able to do it and the planning board should be reasonable. Ms. Parmele asks about the purpose statement in the Master Plan. Mr. Fletcher replies that he agrees with the Master Plan. He states that he feels that realtors can be impartial.

Ms. Roy states that she would like to be considered for the chair person position. She asks about the planning board’s decisions while Mr. Fletcher has been away and how quickly he can get up to speed with what the board has been doing and the decisions made over the past year. Mr. Fletcher replies that he has received e-mails while in Iraq regarding some matters and feels that he is looking at Northwood with fresh eyes and can be impartial. He feels that the board needs to be careful, that the planner’s review notes are useful, and that the board needs to do each application justice.

Ms. Roy explains that she has been on the board for 3 years, has been the vice chair, has been at most meetings, has done much homework outside of the meetings, and would like to be considered. Ms. Parmele states that Ms. Roy has experience with the meeting process, the boards’ issues, and should be considered.

Mr. Fletcher feels that there should not be a prerequisite for a chair person’s
position. He feels that he has the leadership that is necessary to be the chair and address the issues of the planning board. 

Ms. Smith states that there is a need for commitment in attendance for the chairman and there needs to be good communication with staff. Ms. Smith states that she was referring to the time frame prior to the deployment to Iraq in where there were concerns by members that were raised that there were many meetings that he was not in attendance and the staff did not hear from him. Mr. Fletcher asks what meetings. Ms. Smith explains that she is just looking for a commitment to the staff. Mr. Fletcher replies that he would not accept anything if he could not commit to it.

Vote on motion, 2/2/2. 
In favor: Mr. Jabre and Mr. LeClerc. Opposed: Mr. Johnson and Ms. Parmele. Ms. Roy and Mr. Fletcher abstain from voting.

The board agrees to put the decision making off in hopes that a selectmen’s representative will arrive later on. 

The board requests that the alternate positions be posted in the Forum, Suncook Sun, and website.

The Site Plan Certification is signed for amendments approved on January 24, 2008.

OLD CASES:
CASE: 07-10: Sarah & Emily Low, First NH Tpke. Map 221; Lot 40. Subdivision of 100 Acs. to create 69.972 Ac. back lot for conservation and water resource protection purposes. Conditional approval 5/24/07. (Review conditions and legal comments)

Ms. Smith states that she has received an e-mail from town counsel noting that the Low’s attorney will plan to have the documents to our town counsel for the first part of next week.

Planner’s Items:
Change of Use: 931 First NH Turnpike. Proposed change of residential use to office use. Ms. Planchet states that there is an approved retail use for the site. She states that, as the board requested at the last meeting, she has received a letter from the owner with an explanation of the types of uses proposed which is to be office use only. The residential use will be removed. Ms. Smith notes that the use is decreasing; however, she notes that hours of operation are not noted. Ms. Smith will research the file and will re-visit the issue later.

Water Resources Subcommittee RFQ’s
Karen Smith and John Steeves are present regarding the RFQ’s. Karen Smith provides an overview of the grant application process and notes that the grant is for two separate portions. She explains that the RFQ’s went out to 5 firms and two have been received related to the buffer; from Stone Environmental and Strafford Regional.
Ms. Karen Smith explains that the sub-committee reviewed responses and are here to present recommendations to the board. She adds that both are equally qualified and the committee is comfortable with both of them. She notes that the sub-committee worked with Stone Environmental and was happy with them; however, she states that they did not deliver on time. She adds that this program is time sensitive. The overall recommendation is that the committee recommends SRPC. They believe that SRPC is more local.

Karen Smith states that they recommend that SRPC be contacted and asked to address the stormwater portion as well. Further discussion is held regarding the specifics for the contract and timing. Ms. K. Smith states that the contract is with NHEP. Karen Smith requests that the PB advertise for water resources sub-committee members.

Public Hearing on Proposed Changes to Site Plan Review Regulations:
Section IX D. Stormwater Drainage

Ms. Roy calls the public hearing to order at 7:10 p.m.

VOTING DESIGNATION: Nikki Roy, George Jabre, Robert Fletcher, Herb Johnson, Roger LeClerc, and Victoria Parmele.

With no public comment, the public hearing is closed.
Scott Bryer, Selectmen Representative arrives at 7:20 in for Ken Curley.

Ms. Parmele makes a motion to approve the revised March 4 edition of the stormwater drainage report. Mr. Johnson seconds. Motion passes unanimously; 6/0.

Preliminary Consultations:
1) Lucy Edwards, Karen Smith, and Julie Coleman, a Barrington resident and grower of organic tomatoes, are present to address the possibility of a local farmers’ market in Northwood on Rte 4. Ms. Edwards states that the Master Plan revision done in 2004 included a visioning session. One of the things talked of during the session was economic development and small businesses in Northwood.

Ms. Edwards states that there is a lot of local agriculture in town. If the there could be a farmers’ market started in Northwood, it would get a lot of traffic and give farmers a chance to sell and residents the opportunity to buy.

Ms. Edwards states that one possible location would be the municipal parking lot. There would be outdoor displays, would be done seasonally; one per week. Ms. Roy asks about existing businesses that may have an existing site plan to accommodate this, or perhaps one could add this to their existing site plans. Discussion ensues regarding a viable location for a farmer’s market in Northwood.

Ms. Planchet states that each site generates its own issues and it is hard to address without a specific location. Ms. Coleman asks about sign regulations and if there would be a regulation for the amount of vendors. Ms. Smith states that with an approved commercial location, it would need to be consistent with a site plan approval. She adds that there may be licenses required by the state. As far as beginning, there would need to be a specific location. She refers to the general ordinances for yard sale permits and notes that there may be a way to begin as a yard sale with permits.

Ms. Smith notes that there are markets established in Pittsfield and Deerfield. Insurances are discussed.
 
2) Kelly Adams, 68 Lynn Grove Rd. Ms. Adams explains that she would like to propose an in home bookkeeping and administrative office business. She explains that most of the work will be picked up or mailed to the home so that there would not be any traffic impacts.

A discussion is held regarding home business uses and home occupations. The definitions of each are read from the ordinance. Ms. Planchet states that if traffic will be generated, then a site plan would be required. Ms. Smith states that the process has always been that if any type of business is proposed, the applicant would provide the information and the board could then waive site plan or any part of the site plan, if appropriate, through the site plan process. She adds that the person needs to apply and ask for waivers, and then the board can address it. Mr. Johnson states that Ms. Adams would not need a site plan if she picked up and delivered materials outside her home. Ms. Smith cautions the board against making any decisions at this time due to the fact that abutters have not been notified.

NEW CASES:
CASE: 08-01: Millstone Realty Trust, Jacqueline & David Docko, 1090 First NH Turnpike. Map 217; Lot 35. Applicant proposes adding retail sales to existing business.

Dave Docko is present along with Fred Walker and Peter Holden of Holden Engineering. Mr. Docko explains that the intent is to offer retail sales of materials on site. At this time, sales are delivered only.

Also in the audience are Dave Copeland, Rick Wolfe, Joe McCaffrey, and Lucy Edwards.

Ms. Planchet states that additional information was provided this morning and she has not had the opportunity to review it to determine if the application is complete. The materials including waiver requests are reviewed and Ms. Planchet states that she feels that the application is complete. Mr. Bryer makes a motion, second by Ms. Roy, to accept the application as complete. Motion passes unanimously; 7/0.
 
Ms. Roy reads the abutters list and opens the public hearing at this time. No abutters are present. 

Peter Holden explains that the sales will be of aggregate materials: gravel, sand etc. The retail element will be aggregate materials; including pickup trucks of sand, stone, etc. There will not be sales of anything else. Customers do not go in to browse, they drive in, the materials are put in, and they leave. He adds that there will not be much of a change from what is going on today. Mr. Holden states that the lighting will not change; the drainage or traffic pattern will not change. He notes that there could be more traffic entering the site and he suggested that Mr. Docko contact NHDOT as it is DOT’s roadway and driveway permit. Ms. Roy adds that the town works with NHDOT and also notes that the town can be more stringent. 

Discussion is held regarding the times of year for retail sales. Mr. Docko states that the mulch season is about 4 weeks and general sales continue to contractors. He explains that the winter months are the slow times as stock piles of materials freeze.

A discussion is held regarding Rte 4 traffic. Mr. Docko states that there is more and more traffic everyday and sometimes there is a wait. However, there is no control. He adds that they can refuse to load materials into trucks if there is faulty equipment or if it were to overload the trucks. Mr. Docko states that there is a new driveway proposed that is lower toward the west. Mr. LeClerc asks if there would be a turning lane. Mr. Docko states that would be great but then it would allow traffic to go faster. In addition, the new driveway will be put in, in late spring and allow for a better line of site. Looking west, the site distance is over 800 ft. and heading east the site is 300 ft.

Ms. Smith asks about signs noting “trucks entering”. Ms. Roy asks if the town’s engineers could address the signs. Ms. Smith states that installation and inspection of the signs would be through NHDOT and if DOT deemed it a reasonable item for the highway. Mr. Holden believes that these types of signs are a good idea and could be a condition of approval.

Further discussion is held regarding the traffic study. Ms. Smith asks if there have been any estimates provided for projected car trips or truck trips, daily and weekly. Mr. Docko states that there can be numbers provided; however, it varies daily with his trucks even. For the most part one of his own trucks could be 20 trips a day.

Hours of operation are addressed and Mr. Docko states that this is a daylight operating company. He states that the hours proposed would be 7:00 a.m. to sunset (seasonal). He then requests that the hours be sunset for all days, including Saturday and Sundays.

Traffic Study Waiver Request
Rick Wolfe comments that he thinks moving the driveway would decrease the site distance as the grade is going down. Ms. Roy states that there is a technical way to measure it based on the ground measurement of 4 ft. She states that this is a NHDOT procedure. Mr. Docko states that it was measured using DOT’s procedure. Mr. Walker states that moving the driveway will make the site distance better for egress.

Mr. Fletcher states that there will be a lot of traffic on the weekends and the site will be really busy. He feels that a traffic study is a benefit. He mentions 4 other sites where the planning board has required traffic studies. He would recommend that a traffic study be done. Ms. Parmele, Mr. Jabre, and Mr. LeClerc agree. Mr. Bryer supports the traffic study as a consistency issue since the board has previously required other businesses along Rte 4 to complete such studies. Mr. Johnson agrees. Roger LeClerc makes a motion to deny the waiver request for a traffic study. Bob Fletcher seconds. Motion passes unanimously; 7/0. Ms. Roy states that the town’s engineer will review that traffic study when it comes in. Nikki Roy makes a motion to authorize Underwood Engineering to review the traffic study as soon as it is available. Ms. Parmele seconds. Motion passes unanimously; 7/0. Questioned by Mr. Holden, Ms. Smith explains the process of an escrow account.

Site Plan Waiver Request
Ms. Roy states that town regulations require the site plan be done by a professional engineer and stamped.

Dave Copeland states that the abutters have had traffic studies. He asks what this study would gain for this proposal. Mr. Bryer replies that it is a consistency issue. Ms. Roy states that the business is adding traffic to the area. Ms. Roy comments that each application is considered on its own merits. Ms. Smith states that this is a requirement. Ms. Roy doesn’t see that a PE plan would change anything significantly.

Mr. Wolf asks if any runoff from the property would enter onto the abutters’ properties. Ms. Roy replies that this was addressed on the approved plan back in 2007 for wholesale. Mr. Docko explains that there will be hay bales and erosion stone. Further discussion is held regarding the total disturbance of the property. Ms. Smith states that this is just under the site specific requirements. 
Mr. LeClerc expresses concern with consistency and liability and he would like to see engineered plans provided. Mr. Fletcher states that he is concerned with the town’s liability. Ms. Roy suggests that legal counsel be contacted regarding the liabilities. Mr. Bryer motions to table the waiver request pending legal advice. Second by Mr. Johnson. Motion passes unanimously; 7/0. Mr. Bryer states that the question for counsel is what is the town’s liability if something goes wrong on a site that does not have a plan stamped by a P.E. Mr. Bryer thinks that this may require an hour or two of time and it is good use of funds for legal interpretation. Ms. Planchet will contact LGC first. Mr. Wolf suggests that this suggests that this should be provided in writing.

Waiver for Existing Conditions Plan/Proposed Site Plan not by LLS
Mr. Bryer states that there is no benefit to having a licensed land survey. Mr. Bryer makes a motion, second by Mr. Johnson, to grant the waiver request for the existing conditions plan not being done by a LLS. Mr. Bryer and Mr. Johnson rescind the motion due to the fact the engineered plans and surveyed plans are tied together, pending legal comments.

Discussion is held regarding the process of distributing legal opinions. The board will review at the April 10 meeting.
Public hearing continued to April 10 at 7:00 p.m.

Mr. Bryer states that the selectmen representative for the planning board will be Ken Curley with himself as the back-up.

Water Resources Sub-Committee
Discussion ensues regarding the recommendations for SRPC over Stone Environmental. Ms. Roy makes a motion, second by Mr. Johnson, to choose SRPC for RFQ’s. Motion passes unanimously; 7/0.

A discussion is held regarding placing an ad in papers for the remaining RFQ.  Mr. Bryer makes a motion to put an ad in Sunday’s Union Leader using PB funds. Seconded by Ms. Roy. Motion passes; 7/0.

931 First NH Turnpike
Ms. Smith states that no minutes are readily available for this parcel. Ms. Smith states that there are similarities in what was discussed tonight. If there is any change then a site plan is required. Further discussion ensues regarding a home occupation. The board feels that a site plan application is necessary and then entertain waiver request from site plan requirements as there is a change, even though it is less intense. Mr. Bryer asks about Avon sales and Tupperware sales and if these would need to come before the board. He asks what is reasonable and ridiculous. Ms. Roy states that the board needs to review the situations in the site plan regulations so that may want to change for uses that are of a lesser impact.

Election of Officers
Ms. Smith states that her comments were in no way meant to be adversarial or anything. It was not intended just for Mr. Fletcher; it would not matter who was sitting in the position of being chairman. She apologizes if her comments came across in any other way.  

Roger LeClerc makes a motion to nominate Bob Fletcher as chairman of the planning board. Second by George Jabre.

Victoria Parmele makes a motion to nominate Nikki Roy as chairman of the planning board. Second by Herb Johnson.

Mr. Bryer, acting as chair, asks if it would be acceptable that whoever is not elected as chair will be the vice-chair. That is agreed. The option of ballots is given and the board agrees to go around the table and vote.
Victoria Parmele – Nikki Roy
Roger LeClerc – Bob Fletcher
Bob Fletcher abstains
George Jabre – Bob Fletcher
Scott Bryer – Nikki Roy
Herb Johnson – Nikki Roy
Nikki Roy – abstains
Motion is approved to elect Nikki Roy as Chair. 3/2/2.

Scott Bryer makes a motion for Bob Fletcher as vice-chair. Second by Herb Johnson. Motion passes; 6/0/1.

MINUTES:
Minutes of Jan. 10, 2008: Revisions are distributed and have been noted in red. Ms. Parmele makes a motion, second by Ms. Roy, to approve the minutes of January 10, as amended. Motion passes; 4/0/3. Roger, Bob, and Nikki abstain.

ZBA CASES:
Ms. Roy asks for a summary of the ZBA Hendricks cases. Ms. Smith provides a summary of the approved ZBA cases for the Hendrick properties off of Corson Drive relative to RSA 674:41. She explains the criteria required to be met for approval. Ms. Roy notes that there have been legal opinions provided which states that this should not be granted.

Ms. Smith notes that the boundary line adjustment done by the planning board depicts a note that states that the lots must receive approval from RSA 674:41. She adds that the note implies that the planning board is not creating building lots until meeting the RSA threshold. Ms. Smith states that there is an appeal process in that a motion for reconsideration may be filed with the ZBA, within 30 days. This motion can be from an abutter requesting the ZBA to rehear the case based on two things: new information is received or there is an error in law made by the ZBA. She adds that an abutter is anyone with standing and she believes that the BOS does have standing; however, she is not sure if the planning board does. Ms. Roy recommends that the planning board send a letter to the BOS for a rehearing. Mr. Bryer recuses himself for the discussion as he will be sitting on this issue when it goes to the board of selectmen. The planning board agrees to send a letter to BOS.

Victoria Parmele makes a motion to give Nikki Roy the authority to draft a letter and review it with Ms. Planchet, then send it to the BOS. Mr. Fletcher seconds the motion. Motion passes; 6/0. Letter to be submitted to BOS no later than April 7.

Herb Johnson makes a motion, second by Ms. Parmele, to adjourn at 10:30 p.m.

Rick Wolf mentions an old issue with the board regarding an ongoing issue of Paul Longueil. Ms. Smith states that the approval is on the record approved by the board and there is no jurisdiction over the Town of Nottingham. She states that the record of the planning board stands as the board cannot go back on a decision. Ms. Roy notes that this is a code enforcement matter. She adds that there is no jurisdiction of the planning board right now and there is a motion on the floor. She adds that most of the members present were not privy to the case being addressed.

Motion on the floor passes unanimously; 7/0.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary