Andover Planning Board Minutes – December 8, 2020

December 8, 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 and Zoning Administrator; Todd Goings, Select Board member; Mark Vashro; Maryssa Wanlass; Jim and Kathy Vashro; Lisa Duncan; Stefan Timbrel; Andrew and Tiffany Perkins.

Non-Binding Consultation: Site Plan Review for Lisa Duncan for a childcare center at 1101 Franklin Highway in the Agricultural / Residential Zone

Duncan provided a Site Plan Review Application and explained to the board that she is in the process of purchasing this home and looking to operate a family group child care center and is inquiring as to what is expected and needed from her in order to operate this. She has operated a childcare center in Vermont for 20 years. The board had the following questions:

1. The number of children expected to be in her care.  The response was 12.
2. Will the state require a license?  The response was yes, when more than three children.
3. Does the state have their own expectations?  The response was yes.
4. Has she spoken with a licensing person in Concord?  The response was yes.
5. When would she expect to start operating?  The response was probably not for another three months; hopefully, a month and a half; but no longer than six months.
6. What ages of children and what hours of operation?  The response was six weeks to 12 years of age, and from 7 AM until 5 PM.
7. What is there for parking for drop-off and pick up?  There is a driveway that goes towards the rear of the home towards the barn which can be utilized.
8. Will there be any exterior lighting?  The response was no additional lighting at this time.

Monti asked for a copy of the State septic approval be provided to the board.  Urie advised that a Site Plan Review is needed.  Teach stated a Special Exception approval from the Zoning Board of Adjustment is also needed, as this is not a permitted use in the Agricultural / Residential Zone.  


Urie asked if this was considered a home occupation, and Hodgson stated that once there is staff, it is not a home occupation.  Teach advised that in order for Duncan to go before the Zoning Board of Adjustment, the Planning Board needs to deem the site appropriate for the proposed use. 


The board voted unanimously in favor of deeming the site appropriate to operate a childcare center via roll call vote.

Non-Binding Consultation:  Maryssa Wanlass and Jim Vashro for a commercial campsite / campground at 120 Valley Road in the Agricultural / Residential Zone

Mark Vashro explained to the board verbally and with photos indicating they currently have one campsite on premise and are contemplating another couple.  The current campsite was done by the Tenter Company.  


Urie advised a Special Exception to allow for a campground would be needed from the Zoning Board of Adjustment in order to move forward.  


Powers asked what there is for septic facilities and the response was there are no inground facilities; there is a tent with a wooden toilet which utilizes a powder that gels which gets sealed up and disposed of.  Urie advised wash and toilet facilities will be needed.  


Kinney asked how many sites total they are planning on, and the response was a couple at this time and asked if they had to have a specific number. Hodgson stated that this is allowed by Special Exception, and he is okay with the outhouse.  Powers stated that State Regulations require a system for sewage disposal along with a sanitary station and water supply being needed.  


Mrs. Vashro stated this is more like “glamping” which is glamorous camping. 


Kinney asked if in the regulations there is anything mentioned regarding the number of sites and the response was the State Regulations kick in with two or more sites. Mark Vashro asked that if there was only one site, if it could be deemed appropriate for the use and then they can go to the Zoning Board of Adjustment and the response was yes; however, if they opted to go for more sites, they would need to come back before the boards.  


Teach advised that a site suitability is needed.  The board voted unanimously via roll call to deem the site suitable for the proposed use.

Non-Binding Consultation:  Andrew and Tiffany Perkins – Cilleyville Road (Tax Map 21, Lot 570,497) Village Zone

The Perkins own two parcels of property on Cilleyville Road – Tax Map 21, Lot 570,497 and Tax Map 21, Lot 513,573.  Lot 570,497 has a total of 12.430 acres with a narrow 22’ strip leading to backland.  They are contemplating conveying the 22’ section of this property to the adjacent landowner (the Duracks) and are concerned about access to their backland if this conveyance is completed. 


The board is unsure whether this would be a boundary line adjustment or a minor subdivision.  Kinney asked if this would alter the legal description of the Perkins property and asked if the legal description of the property would be a concern of the board.  Powers responded that the new deed will address this.  Timbrel stated that he agreed with this as the description already exists.  


Timbrel also stated that the Duracks also would like to annex this 22’ strip of land to their property, and Urie responded that the Duracks would have to come before the board.  


Monti asked if the plan was to do a boundary line adjustment and still have access to the backland allowed by the new owners, and Mrs. Perkins responded that they are waiting to get information from the Duracks regarding something in writing for access to the backland. 


Hodgson stated he does not believe this would be a boundary line adjustment as there is no discrepancy as to where the boundary line is.  Urie asked the board members if a boundary line adjustment is the correct direction to go and took a roll call vote.  Hodgson, Powers, and Duclos abstained and Urie, Teach, Kinney, and Monti voted yes.  


The board determined the Select Board should consult with Town Attorney as to whether this is a boundary line adjustment or annexation.

Non-Binding Consultation:  Andover Select Board regarding Main Street and Bridge Road (former Buswell Property) Tax Map 20, Lot 268,419 in the Forest / Agricultural Zone

Kinney stated the town previously took title to this piece of property and is inquiring as to how to convey two and one-half acres on the south side of the lot to an abutter (Tax Map 20, Lot 342,469).  The lot is divided by the Blackwater River. 


Urie responded via a subdivision.  Kinney stated they are not looking to create a buildable lot.  Hodgson responded the board should consult with the Town Attorney.  


Goings asked why the Town would not convey the whole piece rather than just a portion, and Teach agreed with this statement. Kinney responded that there is a discrepancy as to ownership of the two and one-half acres. Kinney advised that the Select Board will consult with the Town Attorney.

Rules of Procedure

A revised copy was distributed.  The board voted unanimously in favor via roll call to adopt the revised Rules of Procedure.