Planning Board

Minutes

December 18, 2008

Official as of March 12, 2009

Chair Nikki Roy calls the work session to order at 7:10 p.m. 

PRESENT: Chair Nikki Roy, Vice Chair Peter Jones, Selectmen Representative Ken Curley, Scott Campbell, Alternate Victoria Parmele, and Town Planner Elaine Planchet.

VOTING DESIGNATION: Nikki Roy, Peter Jones, Ken Curley, Scott Campbell, and Alternate Victoria Parmele.

ABSENT: Roger LeClerc, Herb Johnson, Robert Fletcher, and Alternate Eric Reitter.

Applications to Build on a Class VI or Private Road
Peter Aikens, Jr., Kramas Lane, Map 102; Lot 9.{Information distributed on 11/20}
Bernard and Betsy Dunbrack, 21 Lower Camp Rd. Map 124; Lot 3 {Information distributed on 11/20}
 
Members have not done the drive-bys so the items are postponed to January 8.

OLD CASE:
CASE 08-11: David Docko-Millstone Realty Trust, 1090 First NH Turnpike. Map 217; Lot 35. Applicant seeks site plan amendment to add retails sales of materials (mulch, stone, etc.) on site. Property owned by Millstone Realty Trust, Jacqueline Docko. Application accepted as complete on 10/23/08; 65- day 12/27/08. Continued from 11/20/08.

Ms. Roy reads a request for continuance received from Peter Holden of Holden Engineering. Nikki Roy makes a motion to continue Case 08-11 to January 22. Ken Curley seconds and the motion passes unanimously; 5/0.

NEW CASES:
CASE 08-12: Revocation of conditionally approved subdivision Case 06-09 Franklin and Sandra Bean, 36 Bean Rd. Map 234, Lot 12-2.  Public hearing  on revocation of the conditionally approved subdivision approval due to the fact that all conditions have not been met within the one year extension as stated in the September 27, 2007 Notice of Decision. 

Ms. Roy explains that there were some conditions with the approval and that the applicants had requested a one year extension for the conditions that the board granted.  The one year extension has now expired. No work has been done relative to the project and no correspondence has been received. Ms. Roy makes a motion, second by Pete Jones, to revoke the conditional approved subdivision for case 06-09. Motion passes unanimously; 5/0.

CASE 08-13: Chipman and Vanessa Belyea, Lower Deerfield Rd. Map 243; Lots 7, 8, and 9. Applicants seek boundary line adjustment to adjust frontage of 243/7 to equal 150’ and adjust area equally to remain at 2.0 Ac.; adjust frontage of 243/8 to equal 350.78’ and adjust area to equal 22.49 Ac.; adjust frontage of 243/9 to equal 221.91’ and adjust area to equal 2.29 Ac.

Mr. Belyea is present.

Ms. Planchet notes that the applicant, surveyor, and abutters have not had power for the last week and that the board did not review the application last week as the work session was cancelled due to the weather. The application is deemed to be complete. Ms. Roy makes a motion, second by Mr. Jones, to accept the application as complete. A discussion is held regarding the need for the recording fee of $59. and also the $25. LCHIP fee. Ms. Planchet notes that the surveyor sometimes records his mylars. Motion passes unanimously; 5/0.

Ms. Roy opens the public portion of the meeting and reads the abutters list. No abutters are present.

Mr. Belyea provides an overview of the project. He explains that the major intent is to transfer 16 acres from lot 9 to lot 8. In addition, changes to  frontage will occur by adjusting 27 ft. from lot 7 and adding it to lot 8; adjusting 12 ft off of lot 9 and adding it onto lot 8. He added that in order to maintain the 2 acre requirement on lot 7, a triangle was added to the rear of the lot.

The technical review committee notes from 12/8/08 are reviewed. Ms. Roy suggests that a note be added to the plan indicating “at least” or “a minimum of” 2.7 acres is buildable for clarity.

Ms. Planchet states that another item identified by the staff review was to verify whether the gravel drive is on Lot 9. Mr. Belyea stated that they have discussed a maintenance agreement; however, he does not feel that this is necessary since the driveway is entirely on the lot.  Ms. Planchet states that the TRC requested a dashed line be added to the legend to show abandoned lot lines. She spoke to Mr. Wormell regarding this and he stated that he would do that.
Further discussion is held regarding the actual measured amounts as noted on the plan. Ms. Planchet also notes that it would be helpful to have different line types to delineate wetlands and driveway boundaries.    

Ms. Roy states that there is some concern with the fact that the abutters, although noticed, may not have had a reasonable opportunity to come in to comment or call due to the power outages. Ms. Planchet states that she contacted the Office of Energy and Planning and town counsel and the recommendation is that the mail did go through and the meeting was specifically noticed with a date and time even though phones and emails were down. Mr. Belyea stated that he visited 4 of the abutters and they had no concerns.

Ms. Planchet notes that Mr. Wormell indicated that the pins have been set. 
 
Ken Curley makes a motion, second by Pete Jones, to approve the boundary line adjustment with the following conditions:
1. Recording and LCHIP fees to be provided by the applicant.
2. Add notation to the plan to indicate that the buildable area of lot 8 is “at least” 2.7 acres.
3. Add “former lot line” type to plan legend.
4. Adjust plan to use different line types to delineate wetland and driveway boundaries.
5. All local, state and federal permits to be obtained.
Motion passes unanimously; 5/0

MINUTES:
November 13 and November 20 minutes are distributed.

October 23, 2008 
Page 3: Reword: According to Mr. Holden, Mr. Talon indicated that…
Page 3: Change …widen to widening...
Page 3: Change …though; however, to… although...
Page 3: Add …it is currently…
Page 5: Change: …states that to wonders…
Page 5: Add …the fact…
Page 5: Restate …how NHDOT factors these issues…
Page 5: Delete …with different speeds, etc.
Page 5: Change …will generally be contractors to are generally contractors… 
Page 5: Change …have been to may be… 
Page 5: Delete …and the board has changed their minds. 
Page 8: Add …”homeowner” 
Page 9: Restate …an “X” on the plan noting… to the plan indicate…in that case, a waiver would likely not be necessary.  
Page 9: Add …the need for…
Page 9: Change …the density of the residence to residential density. 
Page 11: Add …(which are accessed off of shared driveways)…

Nikki Roy makes a motion, second by Victoria Parmele, to approve the minutes of October 23, 2008, as amended. Motion passes; 5/0.

Ms. Roy requests that the board members review the November minutes prior to the next meeting.

OTHER BUSINESS:
Proposed Ordinance Changes
Day Care Definition:
Ms. Roy reads the proposed definition. Discussion is held regarding the number of children and “regularly receiving children” as well as the purpose of the “for profit” wording. Mr. Curley expresses concern with the existing language. Ms. Planchet states that the proposed definition contains existing language except for the number of children.  She further explains the local inspection and state licensing process. Ms. Planchet explains the public hearing process and suggests dates. Nikki Roy makes a motion to go through the public hearing process with the proposed ordinance change to amend section 7 definitions to change the number of children allowed for a daycare. Pete Jones seconds and the motion passes unanimously; 5/0.

Ms. Roy suggests holding off on setting any dates until after additional conversations for the rest of the ordinances.

Protected Shoreland Buffer Ordinance:
Ms. Parmele reviews the revised version from November 23. Edits are reviewed and discussion ensues relative to duplicating the state’s regulations or making the ordinance more location specific relative to Northwood.

Ms. Parmele notes that the storm water management information has been removed and discussion ensues regarding the setback requirements. Ms. Parmele explains that there is nothing in the proposed shoreland ordinance relating to setbacks from streams; however, there is wording proposed in the wetland overlay district.

Mr. Campbell expresses concern with the consideration of property rights. Mr. Jones adds that creating circumstances under which residents cannot enjoy what they own is something that the board may not want to do. Further discussion ensues regarding new development as time will be necessary in order to establish a buffer.  Ms. Roy explains the rationale for the changes relevant to protection of valuable water resources.

Discussion ensues regarding the proposed protected shoreland ordinance.  Some editing changes are made to the draft to: eliminate reference to sections VI and VII in the District Boundaries section; amend language in definition of Protected Shoreland; delete section “C” in section VI, add the word “waste” and delete the word “substances” in section on hazardous materials; and delete section VIII on Property Plan Requirements.
Mr. Curley left at 9:45 p.m.

Ms. Planchet states that she will contact Strafford Regional Planning Commission to find out whether a map can be prepared for the proposed shoreland protection overlay district.

Public hearing dates are discussed.

Nikki Roy makes a motion to go through the public hearing process with the draft protected shoreland ordinance, as amended, and the proposed changes to section 5.01 overlay district. Pete Jones seconds and the motion passes unanimously; 4/0.

Pete Jones makes a motion, second by Nikki Roy, to schedule a public hearing for proposed ordinance changes on January 22, 2009 at 7:00 p.m. Motion passes unanimously; 4/0.

Ms. Parmele will make edits to the Nov. 23 draft of the proposed protected shoreland ordinance as discussed and provide it to Ms. Planchet to post and follow up with the hearing process.

Ordinance Reformat and Edit:
Ms. Planchet states the reformatting and editing of the development ordinance is nearing completion.  She has corresponded with town counsel who explained that nothing needs to be presented to the voters for editing changes since the process was approved by the voters in March of 2007 and nothing substantive is being changed.  She adds that she has a draft for review and briefly goes through the revisions and layout.

Masten
Ms. Roy reads a letter into the record from NHDOT dated December 2, 2008 regarding the sidewalks on Rte. 4 for the Masten subdivision. The letter explains that the state has denied the installation of the sidewalks along Rte. 4. 

A discussion is held regarding the correct area for sidewalks in town; which should be around Coe Brown as there are safety concerns there.  Ms. Roy states that the process will be to schedule a compliance hearing and Ms. Planchet explains that the process is the same process for a regular meeting and requires noticing, etc.
Ms. Parmele states that she will be meeting with Stafford Regional Planning Commission regarding Northwood issues as well as sidewalks for possible grant money. Discussion is held regarding the goals and maintenance of sidewalks. Ms. Roy agrees that it is an issue that should be addressed and suggests that a meeting be held in the near future with the planning board and the selectmen just on sidewalks.  Ms. Planchet suggests that the DOT may be included in that meeting.

Nikki Roy makes a motion, second by Pete Jones, to schedule a compliance hearing for the February work session, 2/12/09 for sidewalk issues relative to Masten. Motion passes unanimously; 4/0.

REVIEW OF CORRESPONDENCE:
Ms. Planchet acknowledges receipt of a letter she received from Mr. Paquette, 266 First NH Turnpike; Map 231; Lot 8, regarding the proposed tool repair/service operation. She read the letter provided noting proper management of hazardous materials on site as well as a specific parking area along with hours of operation. 

Adjournment
Victoria Parmele moves to adjourn. Motion is seconded by Nikki Roy and passes unanimously; at 10:12 p.m.

Respectfully submitted,
Lisa Fellows-Weaver
Board Secretary