Planning Board

Minutes

April 24, 2008

Official as of May 22, 2008

Chair Nikki Roy calls the work session to order at 6:30 p.m. 

PRESENT: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley, Pete Jones, Herb Johnson, Town Planner Elaine Planchet, and Board Administrator Linda Smith. Roger LeClerc arrives at 6:37 p.m.

VOTING DESIGNATION: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley, Pete Jones, and Herb Johnson. Roger LeClerc - 6:37 p.m.

ABSENT: George Jabre and Alternate Victoria Parmele.

PUBLIC: Lucy Edwards; Joe McCaffrey

MINUTES:
The minutes are postponed.

OTHER BUSINESS:
RFQ Review
Ms. Planchet states that the RFQ deadline is next week; however, there have been many inquiries. The board requests that Ms. Planchet contact the water resources sub-committee to schedule a meeting for review, prior to the May 8 work session.

Consideration of Alternate Members
Four letters of interest have been received and are reviewed. Ms. Roy explains that Victoria Parmele is currently the only alternate and her term expires March 2009. She states that there are two alternate positions available on the board. Ms. Planchet states that the board typically staggers terms so that all alternate members’ terms do not expire at one time.

Discussion is held regarding the state statute and the board’s rules of procedure noting how many alternates may be appointed to the planning board. Ms. Roy notes the importance of alternate members for meeting quorums.

Roger LeClerc arrives at 6:37 p.m.

Ms. Roy states that the board has interviewed alternate members in the past. She strongly suggests Mr. Reitter be considered as an alternate member due to his experience with the board and as an engineer, as well as his previous involvement and value to the board.  Further review and discussions are held. Mr. Curley suggests that the board have the other alternate candidates come in for interviews.

Ms. Roy makes a motion, second by Mr. Curley, to nominate Eric Reitter as an alternate member. Mr. Johnson asks about the term; 2 or 3 years. Ms. Roy amends her motion, second by Mr. Curley, to nominate Mr. Reitter for a 3 year term. Mr. Fletcher states that the board should wait until all candidates are interviewed for fairness to all who inquired.  Mr. LeClerc and Mr. Jones both agree with Mr. Fletcher. Ms. Roy states that she believes that Mr. Reitter’s expertise would be very valuable and would override that of other members. Mr. Jones notes that the issue is just fairness to all. VOTE: 3/3. Motion fails. The board extends an invitation for interviews to all interested parties. Interviews are to be conducted May 8 at 7:00 p.m. with ten minute intervals for each candidate.  Ms. Planchet will contact the candidates.

Board Administrator Items
Ms. Smith provides an update to the letter the board sent to the selectmen regarding the recent ZBA decisions for developing back land. Town counsel, on behalf of the selectmen, has filed a motion for reconsideration. This will be addressed at the ZBA meeting, April 28; at 7:00 p.m. Ms. Smith explains the ZBA process of rehearings. Ms. Roy states that she will try to attend the meeting and encourages the board members to attend also.

Planner’s Items
Off-Street Parking/Multi-Family Spaces
Ms. Planchet states that when she updated the site plan review regulations to include the changes adopted by the board on April 10, she noticed an error with multi-family residential parking spaces.  It should be one and one half space rather than one half space for one bedrooms. This will be reposted and a public hearing to be scheduled for 7:00 p.m. for the May 22 regular meeting.

Follow up – Crawford, Harvey Lake Road. Map 122; Lot 13.
Ms. Planchet states that, as requested by the board on April 10, she spoke with Mr. Hickey regarding the possibility of a business being run from the property. Mr. Hickey explained that he has followed up and no business is being run from the home. 

Packet Distributions
Ms. Planchet explains that the current process for planning board member packet preparation is to copy materials and have the packet available by the work session meeting. She asks if the board prefers to change this process. Mr. Johnson states that he would prefer to have his material mailed to him. All other board members prefer to keep the process as it is currently.

Additional discussion is held regarding a 15 day time frame for applications. Ms. Planchet explains the board’s deadline policy is to allow staff time to review and comment and give the applicant an opportunity to be able to provide additional information to the board, prior to the regular meeting.

7:00 p.m. Ms. Roy calls the public hearing to order.

VOTING DESIGNATION: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley, Pete Jones, Herb Johnson and Roger LeClerc.

NEW CASE:
CASE 08-02: William Porritt, 1 Overlook Rd. Map 210/Lot 19; Michael and Kathryn Reid, Bennetts Bridge Rd. Map 210/Lot 18. Applicants seek a boundary line adjustment to adjust property lines to accommodate the 20’ setback.   

Present is Shane Carter, builder, along with Mr. Reid.  Mr. and Mrs. Porritt are also present.  Mr. Carter states that they are present requesting a lot line adjustment to meet the 20’ setback. He explains that based on a survey that was done in the 1960’s, the house was built and later a discrepancy was found in the lot line.

Ms. Planchet notes that based on the work session, updated plans have been received. She adds that the new plans do not have a revision date noted. The board further reviews the plan.

Bob Fletcher makes a motion, second by Herb Johnson, to accept the  application as complete. Motion passes; 6/0.

Ms. Roy reads the abutters’ list and opens the public portion of the case. Ms. Planchet notes that written comments have been received from abutters, the Hemlines. 

Mr. Curley asks when the discrepancy was found. Mr. Carter replies that this was determined at the footing certification, which was done after the house was completed. He adds that it was the stake on the rear property, Lot 210/9, the south-west corner.

Ms. Roy notes that the well radius is not shown on the plan as requested.  Mr. Carter offers to add the well radius to the plans. Further discussion is held regarding the culvert. Mr. Carter explains the culvert direction. Mr. Porritt states that the culvert at end of the driveway is 12”.

Ms. Roy notes that the elevation contours are not shown on the plan as well as the soil types. 

Ms. Planchet states that she did visit the site today. She states that the width of the back lot is proposed to be 25.49 ft. where the minimum requirement is 100 ft. Ms. Smith notes that this would make the lot more non-conforming and references Northwood Development Ordinance section l.04(c)(1). A discussion is held regarding the proposed dimensions of the lot and the ordinance.   Ms. Smith states that a variance has been granted for the lot size; however, a variance is necessary for the proposed lot width. Mr. Carter states that the house is pending a certificate of occupancy permit. Mr. Jones asks what the proximity of the house is to the brook. Mr. Porritt notes that the brook is from spring run off. Mr. Carter states that all of the requirements for the septic system have been met.

Ms. Roy reads comments from abutters Hemlines, dated April 24, 2008. The Hemlines want to make sure the drainage is ok on their property.

A discussion is held regarding the existing retaining wall near the driveway. Ms. Planchet notes that the retaining wall is not noted on the plans. Ms. Smith states that the retaining wall is a structure and she will contact the code enforcement officer. 
Ms. Smith explains the Zoning Board of Adjustment process and deadlines.  The May meeting dates for both the ZBA and Planning Board are discussed.  
 
The case is continued to the May 22 meeting.

OLD 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. Application was accepted 3/27/08. 65-day 5/31/08. Continued from 4/10/08.

Ms. Planchet explains that the board had denied waiver requests. She contacted Mr. Docko as requested by the board and he expressed his intent to seek to withdraw the application.
 
The case is continued to May 22 meeting.

SIGNATURE/PENDING FILES:
CASE: 07-06: Saddleback Realty Trust, Eugene McCarthy, 373 First NH Tpke. Map 230; Lot 77. Site plan to change the usage of the existing structure from residential to retail for sales of window treatments and home furnishings. Conditional approval 4/26/07.

CASE: 07-08: Stephen Rowland, 783 First NH Tpke. Map 222; Lot 47. Site plan to change the use of existing structure from residential to add retail for sales area for art work, antiques, and light manufacturing of home furnishings. Conditional approval 5/24/07.

Ms. Planchet explains that cases 07-06 and 07-08 were conditionally approved and the approvals were granted about one year ago and will expire very soon. Follow up letters have been sent out to the applicants.  Ms. Planchet indicated she has spoken with both applicants, but no written information has been provided with their intentions.  The board agrees to send letters to both McCarthy & Rowland stating that the site plan approvals will expire 30 days from the date of the letter unless they appear at the next regular monthly meeting when the board will further address the case.

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.

Ms. Smith states that she has not received any additional information and as far as she knows the information is still with the Lows’ attorney. Ms. Smith notes that there is a 4 year exemption with completion items within the first year. Ms. Planchet is directed to send a letter referencing a 4 year exemption, to the Lows and for a status report.

CASE: 04-42: David Frazier, 224 Blakes Hill Rd. Map 217; Lot 11. Site plan for light metal fabricating and hydraulic repair business. Conditional approval 2/24/05.

Ms. Smith provides an explanation of the site plan. She states that this was a non-residential site with an existing site plan and then it was amended. One condition of approval was a fence between the business and the residential subdivision. She mentions that there were questions regarding the boundaries. She also notes that there were questions if the road had been properly built due to the extensive amount of erosion that has occurred and entered the Frazier property. She explains that the erosion looks like a ditch and the building department offered to review the road plans and the development to determine what had occurred. Further discussion is held regarding the safety purposes and adding the fence.

The board requests that the file information be provided to the board for review. Ms. Roy requests that the board get some feedback from code enforcement. Ms. Smith states that Dave Hickey would be the only person within the office with the expertise to review the plans and provide an engineering view point of what had occurred.

Ms. Smith explains the process from this point would be to hold a compliance hearing, conduct a site walk if necessary, and remove the condition, if applicable or the board could begin the process where it was left off. This discussion will continue at the next meeting with more information from the file.

CASE: 06-08: Franklin and Sandra Bean, 36 Bean Rd. Map 234, Lot 12-2. Subdivision of 4 lots. Conditional approval 11/6/06. Extension approved on 9/27/07 for one year.

Ms. Smith explains that she received a phone call regarding a subdivided lot within the Bean approval noting a remark for town approval. She asks if lots can be advertised if the subdivision has not been approved by the town. Mr. Fletcher replies that a lot can be advertised subject to town approval. Ms. Smith states that the bond has not been provided.

Planner’s Schedule Request
Ms. Planchet requests a change of hours for the summer. RSA 91-A is read to review reasons to hold a non-public session. Ms. Planchet does not believe that the reasons are appropriate for this discussion. She states that she would like to work only one day in the office, Thursdays, for a full day including meetings. On alternate weeks, this could require working 7 hours at home rather than the currently approved 5 to meet her minimum 15 hours a week. She notes that she is now able to check voice mails at home and is currently working on checking email at home. Mr. Fletcher feels that the proposal is reasonable. Mr. Curley states that he will mention this to the selectmen and requests that a letter be sent to the selectmen. Ms. Planchet adds that she has spoken with the town administrator and he saw no problems with the proposal. Nikki Roy makes a motion to send a letter to selectmen indicating approval of the planner’s summer schedule change of hours. Mr. Johnson seconds and the motion passes unanimously; 6/0.

Motion to adjourn at 8:11 is made by Herb Johnson. Nikki Roy seconds and the motion passes unanimously; 6/0.

Respectfully submitted

Lisa Fellows-Weaver
Board Secretary