The Town of Northwood, New Hampshire - Planning Board Minutes 07/14/11

PRESENT: Chairman Robert Strobel, Vice Chairman Tim Jandebeur, Herb Johnson, Joe McCaffrey, Alternate Adam Sprague, and Town Planner Elaine Planchet.

VOTING DESIGNATION: Chairman Robert Strobel, Vice Chairman Tim Jandebeur, Herb Johnson, Joe McCaffrey, and Alternate Adam Sprague.

ABSENT: Selectmen’s Representative Scott Bryer, Rick Wolf, Babette Morrill, and Alternates Victoria Parmele and Pat Bell.

MINUTES
Mr. Johnson makes a motion, second by Mr. Jandebeur, to approve the June 23, 2011, minutes.

Mr. Johnson makes a motion, second by Mr. Jandebeur, to approve the June 23, 2011, minutes, as amended, as follows:
Page 2: Add: …proposed locations for…; Delete: …with…; …more than…; …requirement…
Page 5: Delete: …it seems that it may be that…
Page 6: Delete: ...more...; Replace: …that…
Page 10: Delete: …of…; Replace: …available for…
Page 11: Add: …questions…
Amendment motion passes; 5/0.
Motion passes; 5/0.

VOLUNTARY MERGER
VM 11-01: William Boddy; 1471-1481 First NH Turnpike, Map 108/Lots 1 & 2. All necessary information is distributed for the board’s review. Ms. Planchet states that the process is for voluntary merger information to be provided to members at the work session and to be considered at the regular meeting, which is July 28th. Ms. Planchet reads RSA: 674:39-A. General discussion is held regarding the board’s role and the process for voluntary mergers.

OLD CASE
Case 11-07: Stephen Rowland Revocable Trust, 783 First NH Tpke. Map 222; Lot 47. Applicant seeks to subdivide 2.381 acres from existing 10.671 acre lot.

Mr. Strobel states that this case was continued from June 23 and the public hearing remains open.

The applicant’s representative, Jason Hill, is not present at 7:35 p.m. The board reviews revised plans and agrees to postpone further discussion for this case at this time and goes on to other items on the agenda.

OTHER
Subdivision Application Checklists
Ms. Planchet explains that these revised checklists were created from the regulations. She states that she summarized the regulations and transferred the regulations into checklist form. She explains that these revisions contain more of the regulations than the previous ones did. Discussions ensue regarding application process, staff review of applications, and the regulations. The board reviews the draft checklists.

Mr. Jandebeur makes a motion, second by Mr. Johnson, to approve the application checklists for minor subdivision, major subdivision, and boundary line adjustment. Mr. Strobel states that the questions marks for sections 3.10 for the minor and major applications will be removed. Motion passes unanimously; 5/0.

Consideration of Revision to Rules of Procedure for Alternates
Mr. Strobel states that there was a recent change in the RSA which provided for the board to address the designation of alternates in its rules of procedure. He explains that he has discussed this with the planner and that a draft has been provided in members’ packets. Discussion ensues. Mr. Strobel explains that the way in which alternates are designated has varied in the past and that it would be better to have it in the Rules of Procedure.

Mr. Strobel states that he feels very strongly that alternates should participate with all activities of the board. He states that if there is a full board, he believes that alternates should not vote or make motions but can participate with discussions and sit at the table.

Discussion ensues regarding alternate designation including cases which are continued for multiple meetings, the rights of regular members, and the role of the alternates. For a long case, the consensus of the board is that the same alternate will be assigned each time.

Lengthy discussion ensues regarding deliberations vs. discussions and whether alternates who are not designated for a proceeding should be allowed to participate by speaking and asking questions. Consensus of the board was that alternates should not be allowed to make motions if they are not designated to vote. Mr. Johnson states that he does not want alternates to participate in the deliberations – when speaking during voting on a case - however, alternate participation during other discussions would be okay.

Mr. Jandebeur states that he feels that alternates should be given a lot of leeway to sit in and comment as he feels more people involved are beneficial and valuable.

Relative to alternates leaving the table, additional discussion is held and the consensus of the board is to remove the statement from the draft that alternates should be required to leave the table.

Overall, the board’s consensus is that alternates may participate in discussions even if not designated to vote; however, motions cannot be made and no voting can be done.

Mr. Strobel states that for long cases he would rather have noted in the rules of procedure to give regular members a chance to recuse or step aside if they have not been present for many meetings on a continuing case; and that the alternate who was present and participating should remain. Ms. Planchet states that the board should be mindful of the rights of a regular member and cannot require the member to step aside.

The board agrees to strike section 2A from the draft.

Continuity and due diligence are discussed and how to assign cases to the alternates. Mr. Jandebeur suggests assigning cases at random. The consensus of the board is for the chairman to assign alternates at random.

Mr. Strobel states that he will revise his draft based on the discussion this evening and noted that the board still needs to determine how alternates are to be treated during work sessions or portions of meetings that do not include a public hearing.

Ms. Planchet states that she likely will have a chance to revise the draft as well. She refers the board to the draft document which includes paragraphs on disqualification. She states that those paragraphs are almost exactly from the RSA’s and she recommends against including a state law in the local regulation as it is redundant.

Linda Smith arrives at 8:40 p.m.

Case 11-07: Stephen Rowland Revocable Trust, 783 First NH Tpke. Map 222; Lot 47. Applicant seeks to subdivide 2.381 acres from existing 10.671 acre lot.

The applicant is still not present. Mr. Strobel notes that the public hearing was continued from June 23.

Ms. Smith explains this property was an approved open space design. She suggests that there be a note added to the plan references the open space design plan. The board reviews the updated plans provided. Discussion ensues.

Chairman calls for a recess at 9:02 p.m. Session resumes at 9:06 p.m.

Mr. Strobel asks for public comment. With no public present, he closes the public portion for this case. Ms. Planchet states that she has had a chance to review the revised plans and that the applicant’s agent has responded to questions from the previous meeting and added what he’d indicated he would to the plans. She states that a waiver request has been provided which the board should address.

Mr. Jandebeur makes a motion, second by Mr. Johnson, to grant the waiver request for section 3.06(A) - granite bounds in wetlands. Motion passes unanimously; 5/0.

Mr. Johnson makes a motions, second by Mr. Jandebeur, to approve the subdivision application with the following conditions:
1. All applicable local, state, and federal permits be obtained including NHDES Subdivision approval and NHDOT driveway permit; and,
2. The open space lot created by the 2003 subdivision be shown on the plan; and,
3. This note from the 2003 approved subdivision be added to the plan: “Ownership and any maintenance of the “open space” is to be retained by Map 222/Lot 47” and,
4. Certification of monumentation for the new lot be provided.
Motion passes unanimously; 5/0.

Review of Procedures, Regulations, Etc.
Discussion is held regarding the board’s regulations. Mr. Strobel recommends that members familiarize themselves with the town’s regulations.

Budget
Ms. Smith states that the SB2 procedure has different deadlines and the board needs to create their budget early this year. She explains that all town departments have been given August 8 as the deadline to present all of the budgets.

Mr. Jandebeur asks what is included in the planning board’s budget. Ms. Smith states that she will provide the budget info to the board along with a worksheet for the next meeting. Mr. Strobel states that the Capital Improvement Plan (CIP) members need to request funds if they are planning for staff assistance, etc. The budget will be finalized at the July 28 meeting.

Mr. Johnson makes a motion, second by Mr. McCaffrey, to adjourn. Motion passes unanimously at 9:35 p.m.

Respectfully submitted
Lisa Fellows-Weaver
Board Secretary

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