The Town of Northwood, New Hampshire

PRESENT: Chairman Bruce Farr, Vice-Chairman Roy Pender, Tom Lavigne, Nona Holmes, Robert Bailey, Alternates Doug Pollock and Curtis Naleid, and Board Administrator Linda Smith.

VOTING MEMBERS: Bruce Farr, Roy Pender, Tom Lavigne, Alternates Doug Pollock, and Curtis Naleid

ABSENT: Alternate Jean Lane

PUBLIC PRESENT: Selectman Robert Holden, Sarah Ward, Matthew Skidds.
Mr. Farr appreciates and thanks Mr. Holden for coming to the meeting.

MINUTES
Mr. Pender makes a motion, second by Mr. Farr, to approve the minutes of August 23, 2010, as written. Motion passes by general consent.

Case #10-05: Coe Brown Northwood Academy, 907 First NH Tpke. Map 217; Lot 65. Applicant is seeking a Special Exception for Section VI, Article (A)(4)(a) to permit construction of a removable bridge to allow for a stream crossing within a wetland setback.

Mr. Farr speaks to conflict of interest relative to CBNA. He states that he does not believe that his past involvement with CBNA will affect his decision. There is no objection from the board and he will remain as a voting member.

Mr. Farr asks if the file is complete and Ms. Smith replies yes. She adds that there are no communications from any abutters. She adds that comments from the Northwood Conservation Commission (NCC) have been received. Mr. Farr notes that there are no abutters present.

Sarah Ward, Natural Resources Teacher, and a representative for David Smith, is present. Mr. Farr states that there is documentation authorizing Ms. Ward to represent CBNA. Mr. Skidds, Athletic Director from Coe Brown Northwood Academy is also present.

Ms. Ward explains that the school has many cross country trails on the property at this time. She explains that the cross-country route is not long enough when they have large meets. She states that the area of this new trail would also aid in teaching a few classes. She states that the trail crosses a wetland and this is the best area for the crossing as it is the least amount of disturbance. She states that this is typically less than 2 inches of flow including the spring. There is no natural vegetation in the area either; there is only dirt and rocks.

Mr. Lavigne states that he and Mr. Pollock visited the area and it is rough terrain, not fit for vehicular traffic. Mr. Pollock adds that the area is an insignificant wetland.

Mr. Farr reads the comments from the conservation commission noting that the NCC finds that the planned activity is designed and will be installed in a manner that is consistent with the intent of the ordinance to protect the wetlands setback and prohibit erosion into the wetlands.

Mr. Lavigne reads the criteria for a special exception.

(4) USES ALLOWED BY SPECIAL EXCEPTIONS
Special exceptions may be granted by the Board of Adjustment, upon notice and hearing as prescribed in RSA Chapter 676, for the following uses within the Wetlands Conservation Overlay District and its setbacks:
(a) Those uses essential to the productive use of land not within the Wetlands Conservation Overlay District shall be allowed by Special Exception. Those uses include, but are not limited to: the construction of roads, other access ways, utility rights-of-way and easements, including power lines and pipelines, with adequate provisions where called for, for the continued, uninterrupted flow of surface run-off water.

The ZBA shall grant a Special Exception, provided the following are met:

Mr. Farr asks if the trail could be placed somewhere else. Ms. Ward states that this location is the narrowest point to cross.

[1 > after the applicant meets with the Conservation Commission, findings by the Northwood Conservation Commission regarding the proposal are submitted with the Special Exception application, are reviewed by the ZBA, and are made part of the record of the case;

Mr. Farr states that a letter has been provided in the file noting the NCC comments, supporting the special exception.

[2 > dredging, filling or other alteration shall be designed to minimize adverse impact on the wetland and its setbacks, even if this requires adjustments in design outside of this overlay district;

Mr. Farr states that a design has been provided. Mr. Naleid asks if there is any dredging or filling proposed. Ms. Ward replies no.

[3 > there shall be provisions made to restore the site as nearly as possible to its original grade and condition;

Ms. Ward replies yes.

[4 > a state wetlands permit shall be obtained when required.

Mr. Farr asks if a state wetlands permit is required. Ms. Ward replies no and states that it is not needed. Ms. Smith notes that an email from Steve Roy is in the file explaining that for this circumstance a wetlands permit would not be required.
[5 > a Special Exception is not required when the use
meets the criteria for a permit by notification as defined by the NH Wetlands Bureau Code of Administrative Rules.

Mr. Farr states that comments from Steve Roy address this further.

Doug Pollock makes a motion, second by Roy Pender, to grant the special exception for a temporary structure, based on the fact that all criteria have been met. Mr. Lavigne asks how wide the bridge is and Ms. Ward replies approximately 8 ft. Mr. Lavigne asks what will happen should the structure need to be repaired due to deterioration. Ms. Smith states that usually the structure can be replaced in kind. She adds that NHDES may change their rules where a permit may be required. Mr. Pender suggests that there be specific measurements noted.
Motion passes unanimously; 5/0.

INTERNAL BUSINESS:
ZBA Revised Guidebook & Applications
Ms. Smith explains that she has added another section for Appeals from RSA 674:41 II. Examples are provided and reviewed. She adds that there are separate applications for each ZBA item now rather than having everything on one application.

Mr. Farr notes the application fee of $100. Ms. Smith states that if there are applicants with multiple application requests, typically they are charged only one application fee.

Mr. Pender recalls that there was to be a section added relative to the board having written permission from landowners to access the property. He suggests reviewing Section 106 regarding permits in the Building Code for possible verbiage.

Additional discussion is held regarding the safety and the legality for the board. Mr. Pender states that filling out a ZBA application does not necessarily mean that the board can go look at the property.

Mr. Lavigne makes a motion, second by Mr. Pender, to accept the September 27, 2010 revised guidebook and applications, as presented. Motion passes; 5/0.

Finding of Facts Sheets
Ms. Smith explains that these forms are for board members to add notes or use as a worksheet relative to the cases. Mr. Farr states that he would prefer that the worksheets not be a part of the file.

CORRESPONDENCE
All correspondence is reviewed. Ms. Smith notes that there are some training sessions coming that are relevant to ZBA cases. Mr. Farr suggests that a few training books be purchased and then be circulated amongst the board members.

2011 BUDGET
Ms. Smith presents a 2011 budget worksheet for the board to review. Ms. Smith explains the purpose of each line as well as anticipated expenditures for the rest of this year. She adds that the selectmen have requested that all departments’ level fund their budgets.

Discussion ensues relative to salaries of staff. Ms. Smith explains that a few years ago the selectmen decided to have the salaries for all executive office employees into one department. Mr. Farr states that the current budget report does not allow the board to determine if the current fees are covering the board’s costs. Ms. Smith states that the old way of calculating time was very time consuming and inefficient.

Bob Holden states that a similar discussion was held regarding the highway department and the selectmen have requested a log to determine costs per job.

Mr. Pender makes a motion, second by Mr. Pollock, to level fund and recommend $2,600. as the ZBA’s proposed 2011 budget. Motion carries.

OTHER
Proposed Ordinance Changes
Ms. Smith asks if there are any proposed zoning changes. Mr. Farr notes that a few months ago the ZBA suggested some changes. Mr. Pender makes a motion, second by Mr. Naleid, the ZBA requests to be notified and preview any ordinances proposals. Motion carries.

Mr. Holden states that it is the board of selectmen’s intent to level fund the 2011 budget and the BOS would also like to give all of the employees a raise. He states that last year the fire department’s budget was cut and a few weeks ago the fire chief met with the board and stated that he did not have enough money to repair dry hydrants and was not going to be able to fix these. The selectmen instructed the fire chief to repair these hydrants and provide the invoice to the selectmen. He states that if the board has a need then to let the selectmen know.

Mr. Holden thanks the ZBA for volunteering and coming out on a monthly basis.

Adjournment
Motion to adjourn passes unanimously at 7:55 p.m.

Respectfully submitted,
Lisa Fellows-Weaver
Board Secretary

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