The Town of Northwood, New Hampshire - Planning Board Minutes 07/10/08

PRESENT: Selectmen Representative Ken Curley, Pete Jones, Roger LeClerc, George Jabre, Herb Johnson, Alternate Scott Campbell, and Town Planner Elaine Planchet.

VOTING DESIGNATION: Ken Curley, Pete Jones, Roger LeClerc, George Jabre, Herb Johnson and Scott Campbell.

ABSENT: Chair Nikki Roy, Vice-chair Robert Fletcher and Alternates Victoria Parmele and Eric Reitter.

PUBLIC: Lucy Edwards

MINUTES:
June 12, 2008: Pete Jones makes a motion, second by Herb Johnson, to approve the minutes of June 12, 2008, as written. Motion passes; 5/0/1. George Jabre abstains.

June 19, 2008: Pete Jones makes a motion, second by George Jabre, to approve the minutes of June 19, 2008, as written. Motion passes; 6/0.

June 26, 2008: Ken Curley makes a motion, second by Pete Jones, to approve the minutes of June 26, 2008, as amended as follows:
Page 1: Replace: …subdivide … with ... subdivided…
Page 5: Replace: …with … to ... between…
Replace: … than… with … and a ROW for…
Replace: He … to She...
Page 5: Restates as follows: Mr. Jones states that the driveway would have to be no closer than 20 ft. from the stone wall…
Motion passes; 5/0/1. Mr. LeClerc abstains.

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. Application accepted 5/22/08. 65 day 7/26/08. Continued from 6/26/08.

Mr. LeClerc recuses himself for this case and leaves the table. The applicants are not present and there are no abutters present.

Mr. Jabre refers to the discussion raised at the last meeting regarding the cemetery and whether or not the town would be responsible to maintain it.

Mr. Church has provided one updated plan with the options of access via Range Road and a driveway on Ridge Road. Access from Range Rd. is discussed. Ms. Planchet explains that a note from Mr. Church said he would prefer to have access from Range Rd. first. Ms. Planchet explains that the RSA specifies that the access must be on frontage so having access from Range Rd. does not satisfy RSA 674:41 relative to frontage. It does satisfy the town regulations; however, the applicant must comply with both the state and town regulations. Mr. Jones asks if this would negate the use of Range Rd. entirely. Further discussion continues regarding RSA 674:41.

Ms. Planchet points out that the Churches are not present and suggests that the discussion be postponed to later on in the meeting when they may arrive.

CASE 08-06: Beverly Cangiano, 958 First NH Turnpike. Map 217/Lot 59. Applicant seeks a site plan review for proposed dog kennel to include boarding, training, and breeding. Property owned by Theresa Canejo-Mosher. Application accepted 6/26/08. 65 day 8/30/08. Continued from 6/26/08.

Ms. Planchet explains that she has received an e-mail from Ms. Cangiano stating that she will not be purchasing the property and will not be proceeding with the proposed kennel. Ms. Planchet has requested written notification to withdraw the application.
Mr. Jones makes a motion, second by Mr. Johnson, to continue the case to July 24. Motion passes; 6/0.

CASE 08-07: Gail A. and Russell L. Martell, 298 First NH Turnpike. Map 231/Lot 41. Applicant seeks a site plan review for proposed family group day care.

Ms. Planchet explains that there is an existing day care for three children; however, now Ms. Martel would like to increase the amount of children. She states that Ms. Martell has been given a verbal approval from the state and now needs the town’s approval.

Ms. Planchet explains that the plans are not engineered and the applicants are requesting many waivers.

Discussion is held regarding the number of children being proposed to attend the facility. Ms. Planchet states that Ms. Martell indicated that the state gave verbal approval for 16 children. Mr. Curley notes that Ms. Martell has indicated 4 on the impact statement. Ms. Planchet states that the fire captain has inspected the home and Mr. Arsenualt will be required to inspect the home as well.
Additional information is requested: whether there will be additional employees, parking on the site and an estimate for the number of cars entering the site, adequacy of the septic system, and details on the fence.

The board asks if a DOT driveway permit would be required due to the change of use. Ms. Planchet states that an engineered plan may not be necessary but more details may be. Discussion is held regarding a more detailed plan drawn to scale. Hours of operation should be noted to include the earliest and latest hours possible for dropping off and picking up the children.
Ms. Planchet will forward the questions for the applicant to answer for the regular meeting on July 24.
CASE 08-08: Misty Leah, LLC – The Cottages at Harvey Lake, Eleazer (Lee) Carver, 977 First NH Turnpike. Map 217/Lot 9. Applicant seeks minor subdivision for condominium conveyance.

Ms. Planchet explains that last fall she did speak with the applicant regarding the subdivision. She recalls telling Mr. Carver that there was nothing to be done on the town’s end; however, she has recommendations from town counsel that a subdivision application is necessary in order to convey the condominiums. Thus, a plan is registered already at the registry of deeds showing the condominiums.

Ms. Planchet refers to Atty. Spector’s email regarding direction for approval from the board. Ms. Planchet states that the state law recognizes that a condominium conveyance is a subdivision; however, it must be noted in the local regulations. She explains that although the town’s regulation includes condominium conveyance in the definition of subdivision, there is no process identified. Ms. Planchet states that the board addressed a similar matter with the former Ann Strout building in 1996. For the Cottages at Harvey Lake, the condominium units will include a cabin, 1 parking space and 5’ around the building. The rest would be common area.

Ms. Planchet refers to the plan provided which has been recorded at the registry and states that there are no approval signatures from the planning board. She provides the board with the TRC notes. She explains that a waiver request has been submitted for the application for items in the requirements that do not apply to a condominium conveyance.

Mr. LeClerc asks if the cottages are seasonal and Ms. Planchet is not sure. She adds that the building inspector does not believe the cottages are insulated. Mr. LeClerc asks if the buildings are on piers and explains that he would like information regarding the use of the cottages.

Mr. Campbell asks how often the cottages are open. He asks what is necessary if the cottages required repairs. Change of use is further discussed. Ms. Planchet states that the site predates the site plan review process. It is suggested that the documents be reviewed to see what is intended for the existing house. Additional discussion is held regarding whether a site plan is required due to a change of use and possible limits of the planning board review. Mr. LeClerc mentions that since the condominium documents are already on file at the registry of deeds, the board cannot deny the subdivision.

Ms. Planchet will find out what the process is to amend the plan for signature of the planning board and recording at the registry of deeds.

Access Management Subcommittee
Ms. Planchet states that she contacted Julie LaBranche at SRPC regarding the process of the subcommittee. The subcommittee expected a work plan from SRPC after they last met. Ms. Planchet explained that Ms. LaBranche and the transportation planner had some work load issues and would like to meet again with subcommittee.

Pete Jones states that he would be happy to meet again, providing there is no cost involved, and asks what the board is looking for and what steps to take. Ms. Planchet stated that the meeting would have to be posted and in a public place. She will contact Ms. LaBranche and Mr. Jones will coordinate the meeting.

General discussion is held regarding the memorandum of understanding and the state’s driveway permitting process. Ms. Planchet explains that the town regulations should be followed for the state permitting process.

Correspondence
The correspondence file is reviewed.

Mr. LeClerc leaves the meeting.

CASE 08-04: David and Deborah Church, 227 Ridge Rd. Map 219; Lot 4.
Mr. Jones, Mr. Jabre and Mr. Curley, discuss the road matter per RSA 674:41 and the cemetery access off of Range Rd. Mr. Curley explains the process of how the selectmen take back a road. He states that someone must request that the selectmen address the issue and then there is a process to follow. He adds that the board of selectmen does not do anything unless it is presented to them. Mr. Jones states that it is the responsibility of the applicant to demonstrate what has to be done. Mr. Curley adds that the issue here is the subdivision proposal and right of way suggestion; not anything to do with the cemetery.

Further discussion is held regarding the slopes of the lot.

Ms. Planchet will contact Mr. Church and let him know the information that the board requests the following information for its next meeting July 24:
 Delineate the driveway to scale, and
 Delineate the slopes on the lot to make sure it is a buildable lot, and
 Provide at least 5 copies of the plan.

Adjournment
George Jabre makes a motion, second by Herb Johnson, to adjourn. Motion passes unanimously; 5/0. 9:15 pm.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary

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