Andover Planning Board Minutes – August 11, 2020

By Lisa Meier

Condensed from approved minutes.

Due to the COVID-19/Coronavirus crisis and in accordance with Governor Sununu’s Emergency Order #12 pursuant to Executive Order 2020-04, this Board is authorized to meet electronically.  The public has access to contemporaneously listen and participate in this meeting through the video.

Members present: Nancy Teach, Chair; John Hodgson; David Powers; Randy Monti; Art Urie; Doug Phelps; John Kinney, ex officio; Donna Duclos, Alternate

Also present: Pat Moyer, Planning and Zoning Administrator; AJ and Jack Giglio; Joel Provost; Kurt Meier, Proctor Academy; Todd Goings, Proctor Academy; Bill Stack

Non-Binding Consultation:  A Site Plan Review for AJ Giglio, representative for AABL, LLC (The Refinery Restaurant) to construct a pole barn.  The property is 4 Mill Road, Tax Map 28, Lot 294,105 in the Village Zone.

Giglio provided elevation diagrams of the proposed structure. There will be a 12’ cleared space height. There will be a 10’ high door.  The roof pitch will add an additional 12’ to the ridge line for a total of 24’ to 26’ roof height.  The proposed structure will be 40’ wide x 80’ length. 


Monti stated he would like details of the construction with an engineer or architect stamp due to the structure’s size. Giglio responded that A&B Lumber did the drawing of the structure. Monti asked if A&B Lumber have an engineer department. 


Provost stated that this is the third Site Plan Review for The Refinery and feels that this is a nuisance to the neighborhood, specifically the parking and is concerned with live events with music from a sound standpoint, and is not in favor of this proposal if the noise and parking are not addressed. 


Giglio responded that the limit is 60db at the property line.  Kinney asked if Giglio had driven around the neighborhood to hear the noise. Giglio responded he has gone to the property line with a dB meter and the level is 60db; however, he will go up Kearsarge Mountain Road and listen for the noise level. 


Provost stated he is concerned that this structure is for a concert venue.  Phelps responded that Provost should take his complaint to the Selectboard. 


Teach stated she is concerned with the current parking situation. Kinney asked if permanent signs could be installed on Mill Road regarding parking.  Kinney also asked if Giglio had considered noise barrier fencing.  


Teach asked how the board members felt about this structure being for dining services rather than a music venue. Monti responded he had no concern with, should this be approved, the approval being contingent upon no outside music. 


Teach requested that the exact location of the structure be included on the plan, and Giglio responded this will be provided. Phelps asked what type of lighting will be used and the response was no exterior lighting, only downcast interior lighting.  


Phelps made a motion to approve the Site Plan Review with the following contingencies:
1. Provide more detailed drawings regarding the structure design.
2. Provide the exact placement of the structure on the plan.
3. There will be no live music in the building.
4. Permanent “No Parking” signs be installed on both sides of the road.

Urie seconded the motion and the board voted unanimously, via roll call vote, in favor of approving the Site Plan Review with the contingencies stated.

Non-Binding Consultation: Proctor Academy, with Bill Stack of SJS Associates as agent, for a Woodland Center.  The property is Tax Map 18, Lot 840,096 in the Village District

Stack presented plans of the proposed building with a diagram of the location – north side of North Street behind the Mary Lowell Stone dormitory.  There is an existing Woodlands Center which will be expanded upon with a new structure.  


The structure will include two classrooms, bathrooms, a shop (plans to be provided) and a greenhouse (22’ x 30’).  Infrastructure will be done including electric, sewer, and water.  There will be rain gardens around the new structure.  


Phelps asked if it is currently wet behind the existing structure, and the response was not really.  This construction will not increase water run-off.  The structure will have solar.  


Teach asked if this would be an 18-month project, and the response was probably but unsure at this time, hoping for a spring 2021 build.  Powers asked if the exterior lighting will follow the existing campus lighting, and the response was yes, there will be cut-off lighting.   


Teach asked if Stack would provide final drawings at the next meeting, and Stack stated he will provide more detailed drawings along with a completed application within two weeks in preparation for the next Planning Board meeting.

Report from Zoning Administrator

Amy Schneider – 16 Peg Shop Lane; Tax Map 19, Lot 800,022; 3.20 acres; Village Zone – inquired whether there was enough road frontage for her to subdivide her property having frontage on Blackwater Lane.  It was determined that Blackwater Lane is a private road, therefore, it could not provide road frontage.  


Teach stated she was concerned with how it would be divided in regards to the existing home i.e. setback from property line for the existing home and is also concerned with the location of the septic.

The mylar for Connie McLeod was received and will have Teach and Phelps sign it and will bring it to Merrimack County Registry of Deeds.

Enforcement Update

The CWS Fence issue has been resolved.  Will follow up in spring 2021.

B&S Diesel – still has time to get back to Moyer.  Moyer stated there is a U-Haul business there now and Teach stated there is a wood shop there now also.  Moyer will get the business name, as there is a sign on the door.

173 Maple Street has been resolved – there is no junkyard.

Chet Adams on Switch Road did not have a building permit but has the application completed now.

Guiheen and Patten’s Garage are now in the hands of the Selectboard.
It was asked if there was any restrictive use on a Scenic By-Way.

Additional Items

Teach’s last meeting as the Chair will be September 22, 2020; however, she will remain as a board member.