Planning Board

Minutes

May 22, 2008

Official as of June 26, 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, Roger LeClerc, Alternate Scott Campbell, Town Planner Elaine Planchet, and Board Administrator Linda Smith. Alternate Eric Reitter arrived at 6:40.

VOTING DESIGNATION: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley, Pete Jones, Roger LeClerc, and Alternate Scott Campbell. Eric Reitter 6:40. 

ABSENT: Herb Johnson, George Jabre, and Alternate Victoria Parmele.

Minutes:
February 28, 2008: Nikki Roy makes a motion, second by Pete Jones, to approve the February 28, 2008 minutes, as amended as follows:
Page 2: Omit: Ms. Roy explains that the concern begins as soon as the run off leaves the property, regardless of where it begins. Mr. Jones adds that the lake has specific boundaries defined.
Page 3: Change: any real basis, to …need…
Motion passes; 3/0/4. Roger LeClerc, Eric Reitter, Bob Fletcher, and Scott Campbell abstain as they were not members of the board at this time.

April 24, 2008:
Nikki Roy makes a motion, second by Pete Jones, to approve the April 24, 2008 minutes, as amended as follows:
Page 6: Change: …calling… to …call…
Motion passes; 5/0/2. Eric Reitter and Scott Campbell abstain.

Board Administrators Items:
Ms. Smith provides an overview and update of case 04-42, David Frazier, 224 Blakes Hill Rd. She explains that a conditional approval was granted. She spoke with Dave Hickey who visited the site on Monday. Mr. Frazier was not present. Mr. Hickey has sent a letter, which she reads into the record. Fencing was to be installed at the site and although some sections are completed, the vast majority has not been completed. Mr. Hickey requested a reply by June 2. No further discussion is held.

Ms. Smith provides an update relative to the zoning board rehearing requests for 4 ZBA cases. She explains that the motion for the rehearings has been heard and the ZBA has scheduled the rehearings for 5/27 and 5/29. Ms. Roy adds that town counsel has requested that a representative from the planning board attend the meetings. Ken Curley makes a motion, second by Bob Fletcher, to allow the chair to speak for the planning board at the ZBA hearings. Motion passes; 6/0/1. Ms. Roy abstains.

Planner’s Items:
Water Resources Committee
Ms. Planchet states that Ted Wilkinson has submitted a letter of interest in becoming a member of the water resources committee. After review, Eric Reitter makes a motion, second by Bob Fletcher, to appoint Ted Wilkinson to the water resources committee. Motion passes unanimously; 7/0.

Update of 07-08, Stephen Rowland
Ms. Planchet provides an update on the conditional approval granted in May, 2007.  Ms. Planchet explains that a letter has been received from Mr. Rowland requesting to have the conditional approval rescinded due to renovation costs to bring the building up to code and pursue the retail store. Nikki Roy makes a motion to rescind the conditional approval. Bob Fletcher seconds. Motion passes unanimously; 7/0.

Letters of Interest for Alternate Members
Ms. Planchet and the board discussed the contents of a note to be sent to  individuals who expressed an interest in the alternate positions. 

Condominium Declaration
Ms. Planchet explains that condominium documents were received by the assessor regarding the Harvey Lake Cottages. Ms. Smith states that a condominium is a form of ownership. She states that under subdivision regulations, it is a requirement to come before the planning board; RSA 672:14. Staff will further research the issue to determine if a meeting with the board is necessary and follow through with a letter to the owner if applicable.

7:00 Public Hearing for Site Plan Regulations
Ms. Roy calls the public hearing to order for Section H, Off-Street Parking and Loading, paragraph 4. Ms. Planchet explains that there were two words left out of the draft. With no public comment or comments from the board the public hearing is closed. Nikki Roy makes a motion to adopt the language for the site plan regulations, as presented. Mr. Ken Curley seconds. Motion passes unanimously; 7/0.
7:03 p.m. Ms. Roy calls the meeting to order.

PRESENT: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley, Pete Jones, Roger LeClerc, Alternate Scott Campbell, Alternate Eric Reitter, Town Planner Elaine Planchet, and Board Administrator Linda Smith.

VOTING DESIGNATION: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley, Pete Jones, Roger LeClerc, and Alternates Scott Campbell, and Eric Reitter. 

ABSENT: Herb Johnson, George Jabre, and Alternate Victoria Parmele.

NEW CASE:
CASE 08-03: John Harvey House Properties, LLC/U.S. Housing Consultants, Marc Precourt, 931 First NH Turnpike. Map 217; Lot 3. Applicant seeks to amend site plan to change use from retail to office. Property owned by Marc and Scott Precourt.

Marc Precourt is present. Ms. Planchet notes that the applicant has requested waivers for most of the requirements. She refers to the updated information regarding the parking area.

Ms. Roy notes that there have been concerns mentioned for parking area and the structure. Visibility is also an issue. Ms. Planchet notes that this is a less intense use.  There may be some issues that need to be furthered addressed. Further discussion is held regarding the diagram and if the application is complete. Mr. Reitter notes that there are items missing and there is a visibility issue; however, the business is a less intense use. Dave Hickey has provided a memo indicating he has no concerns about the building.   A letter was received from the applicant with responses from the work session and TRC notes. Nikki Roy makes a motion, second by Bob Fletcher, to accept the application as complete. Motion passes unanimously; 7/0.

Ms. Roy reads the abutters list and opens the public portion for this case. No abutters are present.

A discussion is held regarding the waiver of fees. Eric Reitter makes a motion, second by Bob Fletcher, to recommend the board not waive the fees. He explains that fees are to cover costs for the significant amount of work that is involved with an application. Ms. Roy notes that she is not aware of an application that the board has waived fees from the beginning of an application. Motion passes unanimously; 7/0

Mr. Precourt provides a brief overview of the project. He states that the company, a consulting firm, has staff all over the country. The proposal is for a small administrative staff that will work in the building. There will only be a few desks and phones. There are no visitors to the site and no traffic coming in. He feels that this will be a less intense use than what existed. 

Ms. Roy states that the waiver requests should be more specific and detailed. Mr. Fletcher notes that there will be less of an impact to the property. He asks about the amount of the parking spaces. Mr. Precourt explains that there are three to four employees daily. He states that the maximum number of cars would be 4.

Mr. LeClerc states that he does not see a problem as there has been something approved on the site and this would be less of an impact. He adds that there needs to be something provided in writing.

Further discussion is held regarding the site distance. Mr. Precourt states that the driveway is almost to the end of the property. He explains that he determined the site distance figure as he saw that the site distance is just past the telephone pole to the end of the property. He adds that he determined this from his own vehicle.

Limitations of the site are addressed. Ms. Smith states that the use is now approved for an antique shop. Ms. Planchet notes that the plan provided is the actual approved plan for the site. Mr. Reitter notes that there are no changes proposed for the parking. He adds that the only difference is a less intensive office use.

Nikki Roy makes a motion to waive the site plan regulations for an engineered site plan. Bob Fletcher seconds. The motion passes 6/1. Pete Jones is opposed.

Mr. LeClerc asks about the fire code inspection as noted by Dave Hickey. Mr. Precourt will contact Captain Kevin Madison.

Mr. Reitter asks about a driveway permit and contacting NHDOT for a change of use. Mr. Precourt will comply. Mr. Reitter expresses concern regarding the  site distance, which can be addressed with NHDOT if district 6 approves the permit with conditions.

Nikki Roy makes a motion to waive the remaining site plan regulations. Bob Fletcher seconds. The motion passes 7/0.

Ms. Roy asks how to limit future uses with this owner. A discussion is held regarding changing uses again for the site and limiting the site uses by office employees or the equivalent and ancillary activities. Signage is further mentioned along with possible conditions of approval. Mr. Precourt states that they have thought about it and have a 4’x1’ sign.  

With no further comments, Ms. Roy closes the public portion.

Nikki Roy makes a motion, second by Bob Fletcher, to approve the site plan application with the following conditions:
1. NH DOT change of use driveway permit be obtained; and,
2. Office use limited to up to five full time office employees or the equivalent and ancillary activities; and,
3. No public visitations on the site; and,
4. Fire chief or designee to do inspection and applicant to fulfill recommendations as result of said inspection.
The motion passes 7/0.

CASE 08-04: David and Deborah Church, 227 Ridge Rd. Map 219; Lot 4. Applicants seek to subdivide 7.3 acre into two lots; 3.48 acs. and 3.81 acs. 

Roger LeClerc and Bob Fletcher recuse themselves from this case.

Dave Church is present. New information is provided and reviewed. Ms. Planchet notes that a legal opinion has been obtained. A discussion is held regarding the completeness of the application due to questions of Ridge and Range roads and access/frontage of each. 

The new information and legal opinion are reviewed by the board. Ms. Roy makes a motion, second by Mr. Curley, to allow the legal opinion to be viewed as a public document. Motion passes unanimously; 5/0.

Ms. Planchet states that she contacted Mr. Church who said he followed the town’s process for the proposal to use the road. Mr. Church states that he met with the planning board who referred him to the selectmen to begin the process, which resulted in the agreement provided. Mr. Church states that the intent was to subdivide. Selectmen minutes are reviewed. Mr. Reitter states that Mr. Church was only asking for access to the property, not for a subdivision.

Mr. Reitter questions whether the application is complete enough to address. Ms. Roy notes that the applicant has not addressed the question of the road and therefore the application may not be complete enough for acceptance tonight.  Mr. Reitter states that the proposed access is relatively far down the road and there are no road improvement plans provided with the application. He adds that it is clearly stated by the town’s lawyer. Ms. Roy asks if these plans are necessary in order to accept the application as complete. Ms. Smith states that her opinion is that an approval could be made contingent on a particular standard that would need to be part of the road. 

Nikki Roy makes a motion, second by Pete Jones, to accept the application as complete. Motion passes unanimously; 5/0.

Ms. Roy opens the public portion and reads the abutters list. Abutter James Steger is present along with Deb Locke. Ms. Locke states that she has a deeded right of way that abuts the property and she did not receive notification.  RSA 672:3 is reviewed for the definition of an abutter. It is explained what an abutter is and the board agrees that Ms. Locke may testify; however, she does not need to have been notified since she has a right of way over someone else’s property, only a property owner needs to be notified.

Comments and concerns have been received today from an abutter who is not able to be present and has asked to remain anonymous. The letter is read into the record by Ms. Roy. Mr. Church asked for the abutter’s name. Ms. Roy states that he could have a copy of the letter so he may address the issues, but it is not required that he have the name.  Ms. Planchet will provide a copy of the letter once the name has been removed.

Mr. Reitter states that Range Road would need to be improved to subdivision standards, to be a 22’ wide road. Mr. Church replies that Range Road is a standard width. Mr. Reitter adds that the measurement is from the edge of gravel to edge of gravel. Mr. Church notes that this is from stone wall to stone wall.   He adds that the neighbor’s house lot was subdivided off of his farm and they were given the right to live on the Class VI road. Mr. Church adds that the neighbors have paved the road, installed a fence in the road, planted flowers, added a mailbox, etc.

Further discussion is held regarding the width. Mr. Church states that the road is 22’ wide from the Guptils’ driveway down to the proposed driveway. Mr. Church states that there are two lots subdivided off of his property and the driveways are on the Class VI road. He states that the access would be for this new lot off of Range Road not Ridge Road. Ms. Roy refers to RSA 674:41 and may not have existed when the existing houses were built. Mr. Church replies that these houses have existed since the 1980’s.      

A site walk is suggested by Mr. Reitter who also notes that the road agent should make sure that the road meets the requirements of the town ordinances and subdivision regulations. Mr. Church asks if he will be required to bring the road up to Class V standards and asks what the town has done with other people that live on these types of roads. Mr. Church provides a history of the road from the 1800’s and says the road was granted to the land owners, and now he owns the road. He adds that it is up to the town to produce the deed.

Discussion ensues regarding the amount of road that would need to be paved. Mr. Church states that it is paved to the Guptills. Ms. Roy states that there was a previous proposal for a subdivision on this road and this is the same discussion that the board had with that applicant. The applicant in turn decided to not pursue the subdivision as the road upgrades were not something that she could do. Ms. Roy adds that the subdivision is what calls into question the need to upgrade the road.

Ms. Smith gives an explanation regarding road ownership. She states that if the road had been discontinued permanently, the road reverts to the abutters and each side would own to the middle. It would not take away the ability to cross. She adds that Mr. Church does not own from the edge of his property line back up going out Ridge Road even if the road had been permanently closed. If it had been closed, Mr. Church would still only own to the center of the road. Mr. Church disagrees. He states that after the gates and bars laws, yes; however, prior to that the deed would show it going to the abutters. Ms. Roy notes that this is irrelevant as a private road and Class VI road both need to be proposed to be improved to meet town standards before any development. Mr. Reitter mentions other road requirements per the rural road standards. Mr. Church replies that this is a shared driveway. Ms. Smith suggests that Mr. Church provide legal documentation for his opinion that he owns the road and the conveyance of deeds. She adds that an escrow account would need to be started for the process. Mr. Church thinks that the town needs to prove that they own it and have a deed. Ms. Roy states that the burden is not on the town as he is the applicant requesting the subdivision to create a brand new lot and it must meet the current regulations. 

Mr. Reitter states that the legal opinion and the regulations clearly state that the road has to be improved to the standards in the regulations. He adds that there should be others involved to determine which standards are appropriate. Mr. Church states that the neighbors do not want this area improved. He does not want to make any additional improvements. Mr. Reitter explains that the point of the standards is to allow two-way emergency traffic for the full length of the road. Mr. Reitter states that if the road is upgraded to the town’s standards, the town would take it over and maintain the road as a part of the subdivision. Mr. Church asks if he agrees to that condition, could a condition  be added for the issuance of a building permit? Ms. Smith states that the road would need to be built or bonded. Mr. Reitter explains that the regulations are for safety purposes. Mr. Church states the regulations are a deterrent for further building.

Ms. Roy states that financial security is required per the ordinances. She states that she thinks the board would not be flexible on this. Mr. Reitter states that the regulations are available, and it is not up to the board to design the road. It is up to the applicant’s engineer, surveyor, etc., and how to meet the regulations.

A site walk is scheduled for Saturday, May 31 at 8:00 a.m.

Deb Locke states when Mr. Church met with the selectmen he stated that he wanted to access the property. Nothing was mentioned that a subdivision would be done. She adds that the rest of the road is not passable and the applicant is not qualified to build roads. She states that she agrees with the items mentioned in the letter that was read.

Mr. Steger states that he too agrees with all of the points in the letter. He explains that he just moved to the area about 2½ months ago. He likes the area and does not want to take away any rights for the owner; however, as an abutter he expresses concern with the drainage. He states that the Class VI road is very steep and this may cause run off and erosion to his property. Mr. Church states that the road exists and he would not change anything or add any water to the area.

Ms. Roy further explains the process and the regulations. She states that the process to upgrading the road is due to the town’s ordinances and is not a choice of the board. Mr. Curley adds that the board would not allow a subdivision on a Class VI road without first upgrading the road needs to be upgraded to allow access for emergency vehicles.

The board discusses if the town engineer and road agent should attend the site walk.

Pete Jones makes a motion that the board requests the town engineer or a designee from the office and the town’s road agent attend the site walk. Ms. Roy seconds. Mr. Jones amends the motion, second by Ms. Roy, that staff establish an escrow account. Motion passes unanimously; 5/0

The case is continued to June 26.

CASE 08-05: Robert and Suzanna Fletcher, 172 Harmony Rd. Map 123; Lot 8. Applicants seek to subdivide 8.5 acres into two lots; 5.71 acs. and 2.82 acs.

Mr. Fletcher and Mr. LeClerc recuse themselves.

Mr. Fletcher is present. Eric Reitter makes a motion, second by Ken Curley, to accept the application as complete. Motion passes unanimously; 5/0.
Ms. Roy reads the abutters list and opens the public portion of this case.

Ms. Roy reviews the TRC meeting notes. A discussion is held regarding identification of site distance; it is determined to be delineated. Ms. Roy notes that the calculation of the buildable area needs to be delineated on the plans. Mr. Fletcher states that there is 1.44 acres of contiguous uplands and 2.1 acres less the 25% slope with .76 acres remaining of buildable land. Ms. Roy notes that the formula per Section 3.03 includes a factor for open space which should be zero for this case.  She states that this formula should be added and should be delineated on the plans.

Ms. Roy asks about the overlap of the well radius. Mr. Fletcher refers to a state regulation and says that this is not developable due to surface waters and it is wetlands. He states that he will provide a copy of the regulation.

Ms. Roy states that a layer should be delineated showing the wetland. Mr. Fletcher states that he has received state approval from 2005. He provides a copy of the test pit data as well as the certification of monumentation. 

Mr. Fletcher states that he has moved the driveway so it does not go over the septic system. He will also remove the existing saplings to allow for further sight distance.

With no further discussion, the public portion is closed.
Eric Reitter makes a motion to approve the subdivision with the following conditions:
         1. Wetlands to be shown on the plan;
2. A formula calculation to be added to the plans per Northwood       
Development Ordinances, section 3.03, which shows that two lots are possible off the parent lot; and,
3. Delineate various areas showing contiguous uplands for both  
lots on the plan.
Seconded by Ken Curley.  Motion passes unanimously; 5/0. 

9:30 p.m. Mr. Fletcher and Mr. LeClerc rejoin the board.

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.

Ms. Roy reads a request to withdraw the site plan application received from David Docko, April 29, 2008. Pete Jones makes a motion to accept the applicants request to withdraw. Ken Curley seconds and the motion passes unanimously; 7/0.

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. Application was accepted 4/24/08. 65-day 6/28/08.

Shane Carter is present along with Mr. and Mrs. Porritt.

Ms. Smith provides an update relative to last month’s issue regarding not meeting the 100’ minimum lot width requirement. Ms. Smith states that she realized that the 100’ requirement is a part of the subdivision regulations rather than in the ordinances. The planning board has the authority to grant a waiver from its subdivision regulations. Therefore, a variance is not necessary. Mr. Carter writes a waiver request for lot width.
Bob Fletcher makes a motion to accept the waiver request for Porritt for lot width. Second by Pete Jones. Motion passes unanimously; 7/0. 

Nikki Roy motions to approve the boundary line adjustment with the following conditions:
1. Revision date to be shown on the plan;
2. Well radius to be shown on the plan; and,
3. Certification of monumentation to be provided.
Bob Fletcher seconds and the motion passes unanimously; 7/0.

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.

Ms. Planchet explains that the board has discussed this within the past few months. She states that a letter was sent to Mr. McCarthy regarding the status and no reply has been received. Pete Jones makes a motion, second by Bob Fletcher, to revoke the conditional approval from April 26, 2007 for case 07-06. Motion passes unanimously; 7/0.

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. Planchet states that she has sent a letter to the Low sisters. She states that she has a copy of the deed and Atty. Walter Mitchell has reviewed the deed and commented. Ms. Planchet has researched the meets and bounds description and asks for further comments from the board.

Road and parking designation are mentioned by Ms. Planchet who notes that the board did have some concerns. Mr. Reitter recalls that the board also had concerns with access and maintenance.

Ms. Planchet will continue to work with town counsel and verify additional concerns.
 
OTHER BUSINESS:
Planning Board Membership
Ms. Roy states that she received a letter of resignation from member George Jabre. Nikki Roy makes a motion, seconded by Ken Curley, to go into non public session per 91-A:3II(c) at 10:00 p.m. With a roll call vote, the motion passes unanimously; 7/0.

Ken Curley makes a motion, second by Nikki Roy, to come out of nonpublic session at 10:18 p.m. With a roll call vote, the motion passes unanimously; 7/0.

Ken Curley makes a motion, second by Nikki Roy, to seal the minutes of the nonpublic session. The motion passes unanimously; 7/0.

Ken Curley makes a motion, second by Bob Fletcher, to not accept the resignation letter from Mr. Jabre. The motion passes unanimously; 7/0.

Ms. Smith requests that Mr. Jabre’s letter be made a non-public document.
Ken Curley makes a motion, second by Nikki Roy, to not release the resignation letter of George as a public document. The motion passes unanimously; 7/0.
Nikki Roy makes a motion, second by Ken Curley, for Ms. Planchet to write a letter to Mr. Jabre. The motion passes unanimously; 7/0.

Minutes:
March 27, 2008: Pete Jones makes a motion, second by Bob Fletcher, to approve the March 27, 2008 minutes, as amended as follows:
Page 8: Delete: …or anything… 
Page 8: Change: …Vote: 3/0/2 to 3/2/2.
Motion passes; 5/0. Ken Curley and Eric Reitter abstain as they were not present.

Adjournment:
Ken Curley makes a motion, second by Roger LeClerc, to adjourn at 10:25 p.m. Motion passes unanimously; 7/0.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary