Members present: Paul Currier, Chair; Jon Warzocha, Vice-Chair; Nancy Teach; Pat Moyer; Wood Sutton; and Duncan Coolidge, ex officio

Also present for duration of appropriate items: Dave Powers, Deputy Building Inspector; Lenny Caron; Wayne and Brenda McDonald; Colin Brown; Roger Rodewald; June and Jim Lloyd; John and Jean Cook; and Jim Smith

Review and Discussion: Leonard Caron, proposed excavation operations off Bridge Street near Blackwater River: Site appropriateness determination for Special Exception

Wood Sutton recused as he was not present at the previous meeting. There being no discussion, the Board voted that the site is appropriate for the use. This is the final step in the Special Exception process for an excavation operation on subject property. This decision does not constitute Site Plan approval.

The next step is an Excavation Permit and Site Plan Review from the Planning Board. Mr. Caron was given a copy of Site Plan Review regulations and Excavation Permit regulations. Paul will send Mr. Caron the Site Plan Application and Excavation Permit application.

Discussion: Proposed warrant article for Planning Board authority to adopt regulations for site plan review, subdivisions, and excavation permits

There does not appear to be a record at the Merrimack County Registry of Deeds that the Planning Board has been authorized to adopt regulations for site plan review, subdivisions, or excavation permits. The proposal is a Warrant Article to be voted on at Town Meeting which will affirm that the Planning Board has been previously given this authority by Town Meeting.

Public Hearing: Proposed annexation, property in Ambrose subdivision on Currier Road. Review and decision to follow.

Currier advised the Board and the public that the hearing is for an annexation rather than a lot line adjustment as was indicated on the public hearing notice. Colin Brown explained the proposal of annexing seven acres from the Ambrose property to James Gee’s property. The abutters present reviewed the plan and had no concerns. The public hearing was closed.

The Board voted unanimously in favor of approving the plan as presented.

Non-Binding Consultation: Roger Rodewald as agent for Wayne and Brenda McDonald, for a home occupation in the FA District, site appropriateness determination for Special Exception

Rodewald presented a plan of the property and indicated the proposal is to have a tanning salon which will include a 28’ x 44’ building, parking for 10 (9 standard 20’ x 9’ and 1 handicap), a lighted sign, and two exterior lights for the parking lot. A building permit was denied as a Special Exception approval is needed from the Board of Adjustment as this is the FA District.

The Planning Board needs to find the site appropriate for the use as an element of Board of Adjustment approval. Should the Board of Adjustment grant the Special Exception, the Planning Board will then conduct a Site Plan Review.

Currier indicated to the McDonalds that this would actually be a commercial business rather than a home occupation. Warzocha had concerns about the location of the proposed new well and the State right-of-way and advised the applicants that if the well radius goes into the State right-of-way, the well would have to be moved back or a “Well Release” from the State would be necessary. Warzocha made a motion to deem the site appropriate based on the proximity of area identified on the Master Plan for commercial and light industrial uses. Sutton seconded the motion, and the Board voted unanimously in favor of deeming the site appropriate.

The Board needs additional information to find that the proposed activity has adequate water and sewer. Applicants will return at the next meeting with the additional information.

Review and Discussion: Jon Warzocha for a proposed annexation for property on Route 4A

The board will review the application at the February 11 meeting, and a public hearing is scheduled for February 11.

Review public comments and final edits: Proposed Amendments to Zoning Ordinance and Repeal of Building Ordinance

Public comment was received from Andy Prokosch and several revisions were made to the wording of the amendments of the Zoning Ordinance based on the review of Prokosch’s comments. Nancy Teach will incorporate the revisions into the draft and circulate the edited draft for final review and inclusion in the Town Report.