Andover Planning Board Minutes – November 24, 2020

November 24, 2020

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: Art Urie, Chair; John Hodgson, Vice-Chair; David Powers; Randy Monti; Nancy Teach; Donna Duclos; and John Kinney, ex officio

Also present:  Pat Moyer, Planning & Zoning Administrator; Frank Anzalone, Live Free Ballistics, LLC; Kelly and Robert Chaplain; Steven and Robert Anderson; and Ken Wells

Public Hearing: Site Plan Review for Live Free Ballistics, with Frank Anzalone as agent, 9 Johnson Lane, in the Village Zone for light manufacturing of ammunition without retail sales on premises.

Urie opened the public hearing at 7:18 PM.  Hodgson asked what type of oversight the ATF provides, and Anzalone responded they will do a background check on each employee and an inspection of the facility.  


Duclos asked if this had gone before the Zoning Board of Adjustment and the response was yes, they approved a Special Exception.  Powers asked if the Fire Chief has been notified and Anzalone responded he has not spoken to the Fire Chief; however,  the Police Department is aware of the proposal.  


Kinney advised that he forwarded the video regarding fire safety to the Fire Chief, and the Fire Chief advised he had no concerns with this. Anzalone stated he would invite the Fire Chief once everything is in place.  


The Chaplains stated they have no concerns with the proposal.  


There being no further questions, the public hearing was closed at 7:26 PM.  Powers made a motion to approve the Site Plan Review as presented, provided the conditions outlined by the Zoning Board of Adjustment are adhered to. Duclos seconded the motion and amended it to reflect that the ATF approval be received by the Planning and Zoning Administrator and placed in the file.   The board voted unanimously in favor of approval of the Site Plan Review via roll call vote.

Site Suitability Determination:  Steven and Robert Anderson for a Detached Accessory Dwelling Unit (ADU); property at 102A Currier Road in the Rural Residential Zone.

The Zoning Board of Adjustment Special Exception Application was received by board members for site suitability determination to allow a detached mobile home on a foundation as an accessory dwelling unit. Anderson stated he had gone before the Zoning Board of Adjustment for a Special Exception; however, it was determined that the Planning Board had not deemed the site appropriate for the use. 


Anderson stated the property is 12.50 acres, and there is currently a 1,250-gallon septic.  The proposal is to get water from the well for the main home, electric from the pole on property, and have a holding tank for the septic.  Monti asked if the holding tank has been approved by the State and the response was yes. Monti also stated that he was unaware that new home construction allows a holding tank rather than a septic tank and asked if the State/DES has been consulted and recommended Anderson contact DES Sub-Surface Bureau. Moyer advised that a septic plan would be necessary. 


Monti stated that the Zoning Ordinance Article XV Section C7 states that no new structure can be constructed to use strictly as an accessory dwelling unit.  Hodgson stated that he cannot see that the Planning Board has the right to say that this proposal is acceptable when the Zoning Ordinance clearly states it is not.  


Teach states this seems like the board would be approving a separate dwelling on the same lot as the existing dwelling/residence.  She also asked if this property could be subdivided, as there are twelve and a half acres. Moyer responded that this property cannot be subdivided due to conservation space. 


Monti asked if there was a guest house on the property and the response was no, there is a house and a barn. Teach asked if an Accessory Dwelling Unit could be attached to the barn and Anderson replied he was unsure. 


Powers made a motion to deem the site suitable pending Zoning Board of Adjustment approval granting the Special Exception for an Accessory Dwelling Unit as well as a Variance or Special Exception for a new detached Accessory Dwelling Unit. Kinney seconded the motion and the board voted six in favor of the motion and one against the motion via roll call vote.

Old Business

Update official copy of the Zoning Ordinance including recent amendments – Moyer will add those amendments.

Status of update of Zoning Maps – Teach has a call in to Lakes Region Planning Commission and is waiting for a reply.

Review of proposed amendments to the Zoning Ordinance for Conservation Subdivision

The board reviewed the working draft section by section with questions and suggestions.  Town Counsel needs to be conferred with regarding his proposed revisions.

Zoning Administrator Update

Schedule of Fees – Moyer distributed proposed fee schedule changes for board review.  The board voted unanimously in favor of the updated fee schedule via roll call vote.  Moyer will submit to the Select Board for approval.

Additional Items

Discussion took place regarding the utilization of Google Docs versus email.

Teach advised the Planning and Zoning Administrator needs to send letters to the masseuse at 9 Johnson Lane and also Birds Eye View regarding Millennial Moving regarding new business.

Kinney stated the board had received a request from the Perkins, property owners on Cilleyville Road, a few months ago regarding Tax Map 21, Lot 513,573 (currently owned by the Perkins) and the accessing of their property. Teach stated the board had not received a formal request from the owner. 


The question became – should the 22’ piece of property be sold to the abutter, would there be enough road frontage for the remaining lot to be a buildable lot? The property is now in the extended Village Zone.  


Urie stated that as this is an existing lot, it is a buildable lot.  Urie made a motion to deem this a buildable lot.  Kinney seconded the motion and the board voted 6 in favor and 1 against this being a buildable lot via roll call.

Property on Bridge Road (Tax Map 20, Lot 268,419) – Kinney asked what the difference between an annexation and a lot line adjustment is, as a portion of a property on Main Street was sold to an abutter on Bridge Road – an agreement deed with money transfer has been presented to the Select Board – however, the property was not subdivided.  The property is split in two by the Blackwater River. The board advised that the property needs to be subdivided prior to annexation or lot line adjustment.