September 8, 2015

Condensed from approved minutes

Members present: Paul Currier, Chair; Nancy Teach; Pat Moyer; Art Urie; Doug Phelps; and Lenny Caron, alternate appointed to Jon Warzochas’ position.

Also present for duration of appropriate items: Dave Powers, Zoning Administrator; John Ferris; Will Ames; Bill Stack; John Guiheen; David Dolan; Brian Signer and Carolin Cole

Zoning Administrator

A letter to Mr. Jackman relative to business activities at 65 Cilleyville Road will be circulated to the board members for review.

The Selectboard received a complaint of discharge of wastewater at a property on Currier Road. Dave and Marj Roy, Town Administrator have visited the property.

Avitar indicates “conditions of subdivision approval” indicate sprinklers are required for residential construction in the Ambrose subdivision on Currier Road. Paul stated that, in accordance with the amended subdivision regulations, instead of a fire pond new homes on lots in this major subdivision are required to install sprinklers. Restrictions should be in the deeds.

Dave asked how long someone is allowed to reside in an RV unit while their home is being built. Currier stated there is no ordinance at this time; however he is unsure of DES regulations. Phelps indicated he will research this.

Corinne Cline is currently operating Tart Cafe and Bakery at her home on Shaw Hill Road and has applied for a State Inspection at their new location; however, they do not have Planning Board approval. Dave advised them they need to come to the Planning Board for a non-binding consultation.

Mr. Cline questioned whether operating at Naughty Nellie’s Cafe would be considered a significant change of use for the location. Currier has advised her to draw up a letter to the board indicating their proposal at Naughty Nellie’s. She would need a Site Plan Review for what they are currently doing at their home. Dave will send a letter advising what is expected of them.

Completeness Review: Proctor Academy for a new dorm at 246 Main Street

Urie and Phelps met with Proctor on August 18, 2015 to review their application for completeness. The board voted unanimously in favor of deeming the application complete

Public Hearing: Proctor Academy for a new dorm at 246 Main Street

Mr. Stack presented revised plans to the board which included the following changes:

• Using the same access point off the new Fieldhouse Lane
• Infrastructure from the new dining facility
• Walkway made of pavers
• New water line
• Stand-alone septic system
• A stone-lined center swale trench

An Alteration of Terrain Permit approval has been received along with a State Septic approval. The DOT driveway permit was has been updated via e-mail. Letters from the Andover Fire Department and the Andover Village District have been received. A copy of the nitrate easement on the adjacent lot, for the septic system, will be provided to the board.

The board voted unanimously in favor of accepting the application as presented.

Completeness Review: John Guiheen / NHEC Subdivision / Annexation on Potters Road

Currier reported he has reviewed the application for completeness and found it complete. The board voted in favor of deeming application complete.

Public Hearing: Guiheen / NHEC Subdivision / Annexation

Mr. Dolan presented the plan with the proposed annexation between Mr. Guiheen and New Hampshire Electric Cooperative (NHEC). This will provide 250’ of road frontage for New Hampshire Electric Cooperative and 118 +/- of additional road frontage on Potters Road for Mr. Guiheen’s lot, including opportunity for driveway access.

A written request for a waiver of topographic survey, soils data, sewerage disposal, and surface water run-off control was presented with the application. The board voted unanimously in favor of granting the waiver.

Phelps asked if there would be any earth movement for the new access onto Potters Road. No.

The board voted unanimously in favor of approving the application as accepted.

Non-Binding Consultation: Len Caron – proposed excavation

Caron presented a Site Plan Review Application, Excavation Permit, and a map of the property indicating the current excavating site. There are 185 acres total. The proposal is to be able to sell landscaping material to the public.

Lenny got an Alteration of Terrain Permit form, and it indicates that if excavating less than 10,000 square feet, an Alteration of Terrain Permit is not needed, nor does any portion of land that is already under excavation.

The board advised Mr. Caron that he needs to identify the boundary of excavation operation. A topographic map was presented, and the board asked him to identify on the map the area(s) he is interested in excavating. The board will schedule a site visit.

Non-Binding Consultation: Brian Signor – proposed auto repair shop in
Cilleyville

Signer presented a Site Plan Review application for review. The board indicated sign permits are needed along with written permission from the owners of 44 Franklin Highway as well as a copy of the lease for 14 Johnson Lane.

A diagram indicating traffic flow for both properties was presented and Signor stated that there will be no outside storage at Johnson Lane – everything will be self-contained.

It was asked what the hours of operation would be, and the response was 7 AM until 10 PM seven days per week. Urie and Phelps have agreed to do a completeness review.

Non-Binding Consultation: Jack Braley for property on Monticello Drive

Jack indicated that he is interested in purchasing a property near Monticello Drive but with no public road frontage, currently owned by James Emerson. The property is 6.4 acres in the FA zoning district, and a Special Exception was previously denied by the Zoning Board of Adjustment to construct a residence on the property.

Braley asked if the property would still be considered non-buildable, and the board responded that yes, it would, as there is still no road frontage.

Site Suitability: Elwin Barton property on Church Lane

A letter was received from Colin Brown requesting the Planning Board to deem the site suitable for gravel excavation and crushing. Currier explained that as gravel pits are not allowed by Andover Zoning Ordinance, State law says that gravel pits must be allowed by a Special Exception.

According to the Zoning Ordinance, the Planning Board must deem the site suitable for the proposed use before the Zoning Board of Adjustment can act on a Special Exception.

Urie asked what the criteria is for deeming a site appropriate, and Currier replied that there are no criteria listed in the Zoning Ordinance. The board determined that there is not enough information to make a determination.

Currier will provide Colin Brown with a Zoning Board application and request a consultation to receive more information at the next Planning Board meeting.