Planning Board March 26 2019

By 5/24/19

Meeting convened at 7:00 PM
PRESENT: Nancy Teach, Planning Board Chair; Dave Blinn, Select Board Ex-Officio; Doug Phelps, Randy Monti, Planning Board Members; John Hodgson, newly sworn-in Planning Board Member and Vicky Mishcon, newly sworn temporary alternate Planning Board Member.

Also present were: Marj Roy, Town Administrator; Pierre Bedard, Land Surveyor agent for applicant Roy Sell; Bill Stack, Steven Smith and Associate’s engineer agent for applicant Proctor Academy; John Ferris, Proctor Academy’s Chief Financial Officer; Bill Bardsley; and John Henderson.

Roy presented Mishcon and Hodgson with their oath of office to read and sign. Both Mishcon and Hodgson acknowledged their duties and signed the oath. Hodgson was sworn in as a full  member and Mishcon was sworn in as a temporary alternate member.

Roy presented the Board with information regarding the 91-A Right-to-Know law for their review. Roy explained the importance of this law. Roy noted page 10, the first bulleted item on the right column. Roy explained about email communications and having a central point for the boards emails to be sent to and through instead of individual conversations. The Planning Board Chair or the Zoning Administrator should be the central point. Discussion revolved around the quorum and public meetings.  

At the February 26th meeting, the Board during the Public Hearing, reviewed the Annexation Plan for Sell’s properties at 206 Switch Road (Tax Map 4-370-467) and 212 Switch Road (Tax Map 4-354-472) in the Rural Residential Zone. At that time, there was not a quorum present to act on this application and the hearing was continued to the next meeting, which is tonight.

Bedard reviewed the plans with the Board. Blinn made the motion to accept the application and deem it complete. Phelps seconded the motion. All in favor. The Annexation Plan application was deemed complete by a unanimous vote. The mylar was signed by members and will be filed at the Merrimack County Registry of Deeds by Moyer.

Several months ago, Bardsley presented incomplete infonnation for this mmexation plan on his property on Elbow Pond Road (Tax Map 25-606-176). The property is located in the Agricultural Residential District. At that time, the Board advised Bardsley a survey was needed. Tonight, Bardsley presented a survey to show where the boundary line adjustment is with the abutting Miano property (Tax Map 25-693-093). The issue was that for years, generally folks  thought the boundary line between these properties was the fence line. However, an old survey did not agree with that information. Bardsley requested the boundary line be adjusted to coincide with what folks have generally thought; that the boundary line is the fence line. After reviewing the information, Blinn made the motion to accept this application as complete and move forward to a public hearing. Phelps seconded the motion. All in favor. The application was deemed complete and a public hearing will be scheduled for Tuesday, April 9, 2019 at 7:15 p.m.

Henderson would like to separate the residences with each having their own lot. This property has complicated issues. It is located on Flaghole Road (Tax Map 03-074-499) and is in the Agricultural Residential District. The following are some facts and issues with this property:
The property is Lot #6 of a 2001 Thisell subdivision.
There are two residences on the one lot.
The lot is approximately 1.75 acres with approximately 187′ ofroad frontage.
There are two separate well and septic systems. One for the original house built in 1986. And, one for the garage, later renovated into an upper floor in-law apartment.
In 2001, the owners filed for a Variance with the Zoning Board of Adjustment to convert the upper floor of the garage into an in-law apartment. The Variance was granted on the condition that once the in-laws left, the apartment was not to become rental property.
In 2010 those owners lost the house to foreclosure.
At some point afterwards, the garage grew into more residential space although keeping one garage bay as a garage.
No building permits are noted in the file.

The Board discussed how to reconcile the property. To do a subdivision, the applicant will need to attain a Variance for the road frontage and a Variance on the acreage. In that district you need 250′ minimum of road frontage (for 2 lots, 500′ needed) and 2 acres minimum is needed.

The Board discussed turning the garage into an Accessory Dwelling Unit. The Board discussed an Equitable Waiver of Dimensional Requirements.

After reviewing and discussing the Zoning Ordinance and Subdivision Regulations in regards to this property, the Board advised Henderson to move forward to the Zoning Board of Adjustment (ZBA) and prepare both an Equitable Waiver of Dimensional Requirements and Variance applications and allow the ZBA to decide which form will best clear up this property. Henderson will apply for both.

Stack and Ferris presented the plans for the new Outdoor Lodge building on the Proctor Campus. The Board reviewed the pages of the plan presented (pages 1-9 and A-101 and A-401). The Board then reviewed the application item by item.
Some of the items noted are as follows:
The building is 74’x74′.
The west and back sides of the building will have a retaining wall.
The access road will be shifted about 8′ towards the tennis courts to allow more room to travel through.
There will be no elevator needed because the second floor will be storage room only. There will be no exterior lighting other than the down lighting under the porch roof.

After discussion, Blinn made the motion to deem the application as complete. Monti seconded the motion. All in favor. The application was deemed complete. The applicant will now move forward to a public hearing which is now scheduled for Tuesday, April 23, 2019 at 7:15 p.m.

Proctor will need to apply to the Zoning Board of Administration for a Variance on the height exceeding 3 5′ as required by the zoning ordinance.

Ferris indicated that the site work will probably start at the end of April. Proctor would like to complete the project by the end of 2019.

Teach encouraged members to attend the 25th Annual Spring Planning & Zoning Conference on Saturday, June I, 2019 at the Courtyard by Marriott in Concord. Moyer provided information to members on the agenda and to sign up for the conference.
Review and approval of February 12, 2019 and February 26, 2018 will be delayed until the next meeting due to the Planning Board Secretary’s absence.
At the next meeting on Tuesday, April 9, 2019, the Board will reorganize as required by the Zoning Ordinance Regulations.
According to a commtmication between Blinn and Attorney Manougian who represents Verizon’s interest, the Andover cell tower project has been taken offVerizon’s project list for 2019. It was strictly a business decision. However, it may appear on the 2020 project list.
Blinn told the Board that the Buswell property on Main Street (Tax Map 20-268-419) will be put up for sale to get it back on the tax rolls. There has only been one person who expressed an interest in purchasing the property from the town.
Town Administrator Marj Roy plans to call a meeting with all the Chairs and Vice­Chairs of the various town committees, boards, etc. to review important information.
The Town Meeting approved the funds for the Deputy Zoning Administrator. The Select Board would like some recommendations from the Planning Board on appropriate candidates to fill this position.


Teach made the motion to adjourn. Phelps seconded the motion. All in favor. The meeting adjourned at 9:00 p.m.
Minutes prepared by Patricia Moyer, Zoning Administrator in the absence of Lisa Mieir, Planning Board Secretary.