Chairman Bob Strobel Calls the Meeting to Order at 7:04 P.M

Town of Northwood

Planning Board

May 27, 2010

Chairman Bob Strobel calls the meeting to order at 7:04 p.m.

PRESENT: Chairman Bob Strobel, Vice Chairman Herb Johnson, Babette Morrill, Rick Wolf, Board Administrator Linda Smith, and Town Planner Elaine Planchet. Ms. Planchet states that Ms. Morrill has been sworn in and is a full board member.

VOTING DESIGNATION:Bob Strobel, Herb Johnson, Babette Morrill, and Rick Wolf.

ABSENT:Selectman Representative Alden Dill, Roger LeClerc, Alternates Pat Bell and Victoria Parmele.

MINUTES

May 13, 2010

Mr. Johnson makes a motion to approve the May 13, 2010 minutes, as written. Mr. Strobel seconds. Motion passes 4/0.

OLD CASE

CASE 09-14: Mark Lopez (Family Dollar), Rte. 202 & 9. Map 234; Lot 7; Sublot 2. Applicant is seeking a site plan review for construction of an 9,250 sq. ft. retail store to include Family Dollar and one rental unit. (Property currently owned by Beth Grimes, and Gregory Lalish.) Application accepted as complete on 2/25/10; 65 day 5/1/10. Continued to 5/27/10.

Mark Lopez and Chris Berry are present.

Ms. Planchet states that since Mr. Johnson has recused himself from this case, there is no quorum.Ms. Planchet explains that the 65 day time frame has expired as of May 1. The applicant had submitted a written request to continue to tonight’s meeting, which was approved by the board at the April 22 meeting. She states that if there is not a written request and approval to continue this case, the board would be left to decide the case on information provided to date and that the case would have to be re-noticed. Ms. Planchet states that both she and Ms. Smith are in agreement that Mr. Johnson could vote on strictly an administrative issue of continuance. Mr. Johnson agrees.

The applicant presents a written request for continuance. Mr. Johnson makes a motion to approve the request to continue the case until June 10, 2010. Ms. Morrill seconds. Motion passes 4/0.

VOLUNTARY MERGERS

VM: 10-02:Town of Northwood,1020 First NH Turnpike. (Police Station and adjoining lot). Map 217; Lots 46 & 47.

Mr. Johnson makes a motion, second by Mr. Strobel, to approve the voluntary merger for VM: 10-02. Motion passes unanimously; 4/0.

VM: 10-03:Town of Northwood,Olde Canterbury Road and Main St. (Fire Department and adjoining lot). Map 216; Lots 43 & 48.

Mr. Johnson makes a motion, second by Mr. Strobel, to approve the voluntary merger for VM: 10-03. Motion passes unanimously; 4/0.

SIGNATURE/PENDING FILES

CASE 09-12: Elias Ververidis, 188 First NH Turnpike. Map 231; Lot 35. Applicant is seeking site plan review to change the existing use from an art studio to an 80 seat restaurant; art studio proposed to be relocated to the existing barn. Approved with conditions on 12/17/09.

Ms. Planchet reviews the conditions and notes that all conditions have now been met. The plan is signed by Chairman Strobel.

CASE 09-06: George and Sherry Jackman, 7 Davlynn Drive. Map 234; Lot 41-Sublot 13. Applicants seek site plan review for proposed in home hair salon business. Approved with Conditions on 4/23/09.

Ms. Planchet reviews the conditions. She explains that an additional sheet of information has been provided noting the 4 parking spaces required to be shown on the plan. Ms. Planchet suggests stapling the parking spaces plan detail with the original site plan provided that was accepted by the board. The plan is signed by Chairman Strobel.

Boundary Line Agreement Plan, Sanborn Family Trust Map 119; Lots 17 and 19.

Ms. Planchet explains that this Boundary Line Agreement Plan for the Sanborn Family Trust, Map 119; Lots 17 and 19 is for informational purposes as required per RSA 676:18.

The plan is circulated and reviewed by the board members.

OTHER

Planner’s Items

Ms. Planchet states that the chairman had requested a legal opinion from the Local Government Center (LGC). She explains that legal opinions are considered non-public as attorney-client privileged unless or until the board votes to make them public. The legal opinion is distributed and reviewed. Mr. Johnson makes a motion, second by Mr. Strobel to make the document a public record. Motion passes unanimously; 4/0.

Pending Files

CASE 08-08: Misty Leah, LLC – The Cottages at HarveyLake, Eleazer (Lee) Carver, 977 First NH Turnpike. Map 217/Lot 9. Applicant seeks minor subdivision for condominium conveyance. Conditional approval 8/11/08.

Ms. Planchet states that with the Cottages at HarveyLake, the condominium conveyance application was approved with conditions in August 2008. The state permits were a condition of approval. This process has been going on through NHDES for the Shoreland Protection Act approval. Ms. Planchet states that the plans may need to change in order to accommodate the current permitting process. She suggests that the board wait and see if plans change and address it then. Ms. Smith adds that the applicant could request an extension if necessary.

CASE 09-03: Bruce Marshall, 1029 First NH Turnpike, Map 217; Lot 23 & 24. Applicant seeks site plan review for automotive mechanic shop. Approved with Conditions on 6/25/09.

Ms. Planchet states that Mr. Marshall has been working to meet the conditions. She notes that there is a matter of delineating the wetlands and this is being discussed with a licensed wetland scientist and staff.

CASE 09-07: Davlynn Development, LLC, Masten Drive at Rte. 4, Map 234. Applicants seek amendment to approved subdivision plan to remove sidewalk. Application accepted as complete on 4/23/09; 65-day 6/27/09. Approved as amended with Conditions on 9/24/09.

Ms. Planchet states that the selectmen signed the agreement May 11 and is awaiting signature from the Department of Transportation.

CASE 09-08: Coe Brown Northwood Academy, 907 First NH Turnpike, Map 217; Lots 65 and 66; Dana and Cindy Davidson, 35 Bow Lake Road, Map 218; Lot 1. Applicants are seeking site plan approval to add an educational facility with proposed 1,500 +/- sq. ft.; to expand athletic fields; and to create access onto Bow Lake Road. Approved with Conditions on 5/13/10.

Ms. Planchet notes that CBNA was just approved and she states that there have been some correspondence regarding some of the outstanding conditions.

CASE 10-03: Michael Holmes and Laura Stella, 3 Henson Ln. Map 105/Lot 49; Timothy and Laurie Holmes, 5 Henson Ln. Map 105/Lot 50; and William and Beverly Holmes, 390 Bow Lake Rd. Map 105/Lot 51. Applicants are seeking Boundary Line Adjustment, which will result in Map 105/Lot 49 to be 0.32+/- Ac.; Map 105/Lot 50 to be 0.40 +/- Ac.; and Map 105/Lot 51 to remain at 0.23 +/- Ac. Approved with Conditions on 3/25/10.

Ms. Planchet states that nothing has been provided relative to this application.

REVIEW OF CORRESPONDENCE

Ms. Planchet reviews the items in the correspondence file. She explains that she e-mails any newsletters that arrive electronically; members are welcome to read through the correspondence file at any time.

SUBCOMMITTEES

Ms. Morrill states she would like to be on the economic development sub-committee and possibly the capital improvement plan (CIP) committee.

Ms. Planchet explains the role of the subcommittees. She states that there is no limit to the number of planning board members on a sub-committee and would also include members of the community.

Ms. Planchet states that per state law it is the duty of the planning board to create the Master Plan. She states that the last master plan was updated in 2004; and that the recommendation is that master plans be updated every 6-10 years. She adds that this committee could include members of the planning board and community. Ms. Morrill asks how the planning board could affect goals of the master plan. Ms. Planchet explains that the master plan could change to better reflect the current direction of the planning board and how the board could word the document to “set up the environment” within the regulations so that it coincides with the goals of the master plan. Discussion ensues as to how to adopt and implement itemsand goals of the master plan.

Additional discussion is held regarding the CIP. Ms. Planchet states that the board could begin dialogue with the selectmen and budget committee in the coming months to do this in the manner described in state statutes.

Ms. Planchet reminds the board that all subcommittee meetings must meet the Right to Know laws; must have minutes, and public notices properly placed, etc.

OTHER

Other Entities

Ms. Planchet explains the process regarding members, chairperson, and/or vice-chair attending meetings with another body. She states that the person attending needs the approval of the board to represent the board.

Mr. Strobel states that he has been asked to attend the EDC meeting.Ms. Planchet suggests that there be a joint meeting between the planning board and EDC. Mr. Johnson states that he believes that the EDC is trying to stay up to date with the items currently being addressed by the board. Ms. Planchet states that any member of the board should not be discussing any case in front of another board. She adds that no discussion should occur between members either.Ms. Planchet states that if the EDC is looking for information from the planning board, then they should attend planning board meetings, or a joint meeting should be scheduled. Mr. Strobel states that he will speak with the town administrator regarding not attending the EDC upcoming meeting and he will not be representing the planning board.

Vacancies

Mr. Johnson states that he has reviewed the letter of interest from Adam Sprague regarding the vacancy. Mr. Johnson suggests that the board invite Mr. Sprague to the next meeting. Ms. Planchet explains that she has tried to contact Mr. Sprague to determine if he is interested in the full member or alternate member position and has not heard back.She adds that the closing date published for the regular member is June 24. Mr. Johnson makes a motion, second by Ms. Morrill, to have any applicant interested in the vacant positions be invited to attend the July work session. Mr. Strobel motions, second by Ms. Morrill, to amend the motion to state that if Mr. Sprague is interested in the alternate position, staff has the discretion to add that item to the June 10 work session. Amendment passes; 4/0. Motion for full member position to be invited to the July work session. Motion passes; 4/0.

Third Tier

The board refers to the Minimal Impact Application and the 14 points proposed at the May 13 meeting. Ms. Planchet explains the process for amending site plan regulations. She states that decisions are being made as the board reviews the material. These decisions will then need to be drafted as new language to the existing site plan regulations. The next step would be for town counsel to review the proposed document, two public hearings would need to be held; if there are no changes or non-substantive changesas a result of the public hearings, the board could adopt the document after the second public hearing is held.

Ms. Planchet reviews materials provided and states that the most recent document is now being identified as the Northwood Minimal Impact Application with 14 points. Ms. Planchet states that the board should determine if these items will replace Sections “A”, “B”, and “C” with the 14 points listed for new section 1. Mr. Strobel makes a motion, second by Mr. Johnson, to replace draft section 4-Applicability with the new 14 points and remove a,b, and c. Motion passes; 4/0.

Ms. Planchet notes that there is confusion between the two terms, home business and home occupation, the latter is a lesser impact and permitted without site plan review. She refers to the definitions in the development ordinance and states that home business is more involved, has impacts and requires site plan review.

Review of Requirements/Worksheet

Additional discussion is held regarding requirements for the Minimal Impact Application. Ms. Planchet suggeststhat the board review the worksheet and items currently required for major site plan in Column A and minor site plan in Column B, and then decide which requirements to have for the Minimal Impact, Column (1) and Home Business, Column (2). Discussions are held regarding requirements from currentSection V.B. Submittal and Review.Mr. Johnson makes a motion, second by Ms. Morrill, to recommend Items 1,2,3,4,7,8,9,10,11,14a and c to be the minimal impact regulations for Change in Use(1). Motion passes unanimously; 4/0.

Ms. Planchet notes the types of home businesses permitted and the current regulations. Mr. Johnson makes a motion, second by Mr. Strobel, to recommend Items 1, 2, 3, 4, 7, 8, 9, 10, 11, 14a and c to be the minimal impact regulations for Home Business.Ms. Morrill asks about 14b and if it were to be appropriate to add. Motion passes unanimously; 4/0.

Ms. Planchet recommends that the public notice requirements be retained for both column (1) and (2).

Mr. Johnson makes a motion, second by Mr. Strobel, to require public notice for Changes in Use 1 and Home Business 2. Motion passes unanimously; 4/0.

Discussion ensues regarding Section VII; Site Plan Requirements.

Mr. Strobel makes a motion, second by Mr. Johnson, to not require (1)(a), Existing Conditions Plan prepared by LLS, in any minimal impact applications. Motion passes unanimously; 4/0.

Mr. Johnson makes a motion, second by Mr. Wolf, to add an item to require a sketch for minimal impact applications 1 and 2. Mr. Johnson amends the motion, second by Mr. Wolf, to add that the sketch will be drawn to scale. Motion passes unanimously; 4/0.

Mr. Strobel makes a motion, second by Mr. Johnson, to require items 2, and 3, Title Block and North Arrow and Bar Scale, for minimal impact applications 1 and 2. Motion passes unanimously; 4/0.

Mr. Johnson makes a motion to adjourn. No second is offered.

Ms. Planchet states that the home business category has some lighting requirements in the development ordinance. Discussion ensues.

Mr. Johnson makes a motion, second by Mr. Strobel, to require lighting to be added to the sketch for home business. Motion passes unanimously; 4/0.

Mr. Johnson makes a motion to adjourn. Mr. Strobel seconds. Motion unanimously passes at 9:47 p.m.

Respectfully submitted,

Lisa Fellows-Weaver

Board Secretary

Official as of June 10, 2010 1