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Planning Board Meeting Agenda (minutes)

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PLANNING BOARD MEETING  
TUESDAY, AUGUST 25, 2026 
6PM TOWN HALL CONFERENCE ROOM 
 
Board members in attendance: John Mishcon, Les Fenton, Karen Brule, Donna Duclos, John “J” 
Koron, Roland Carter,  
 
Others in attendance: Land Use Coordinator Christine Vigneault, Joseph Wichert, Paula 
Higgins, Ann Marie Mahoney, Deb Brower, Peter Sanborn, Juli George 
 
6:00 PM Mishcon called the meeting to order, roll call completed 
●​ Mishcon, Duclos, Carter, Brule, Fenton, Koron 
Review Agenda  
●​ Mishcon reviewed the agenda and noted the non-binding consultation scheduled for 999 
Bendixen Point would be rescheduled, at the request of the property owner. No new 
items were added to the agenda. 
Public Comments  
●​ Ann Marie Mahoney (15 Bradley Pt. Lane) stated she was informed the non-binding 
consultation was postponed only 30 minutes prior to the meeting and asked if there was 
any indication of when the consultation would occur. Mahoney noted she was concerned 
the non-binding would be scheduled during the winter, when many seasonal Bradley 
Lake residents would be away, and their concerns may not be heard. Mahoney asked if 
there was a way their concerns could be addressed as a letter to the board if this 
occurred. Duclos stated any concerns regarding the proposal can be forwarded to the 
Land Use office and will be considered by the Planning Board, but reassured Mahoney 
that this was only for a non-binding consultation. Mishcon noted the process for 
developing a new lot on a private road abutting a public water source was not easy and 
any concerns should be forwarded to the Land Use Office. 
●​ Deb Brower (Bluewater Farm) requested to know more about the proposal and stated 
she has no bias against the subdivision but hoped the process could be done 
thoughtfully to minimize the number of subdivisions around the lake. 
●​ Paula Higgins (26 Bradley Loop Rd.) inquired on how long Andover would continue to 
utilize Bradley Lake as their public water supply and who was responsible for the Dam. 
Fenton noted the Village District was responsible for managing Bradley Lake and the 
public water supply and they could address those questions. 
●​ Mahoney noted  she was aware the parcel was put into a trust approximately a year ago. 
Duclos stated  the Conservation Commission had some discussion related to the parcel 
and their minutes could be reviewed for any information they may have. Brule also 
advised  Mahoney could check the town website for any minutes where the parcel 
previously was discussed. 
Non-Binding Consultation, 182 and 188 Flaghole Road (PID 3-74-499) Proposal to convert 
existing residences to condominium ownership  
●​ Motion to enter a non-binding consultation made by Carter and seconded by Brule. 

●​ Joe Wichert and Juli George presented on behalf of property owner John Henderson. 
The property at 182 and 188 Flaghole Rd. currently occupies 2 single-family dwellings. 
Henderson would like to change the ownership of the property and buildings from a fee- 
ownership to a condominium ownership. No changes would be made to the structures or 
the property and there would be no physical subdivision of the lot.  
●​ Fenton asked if the lot conformed to the current Zoning Ordinances? Wichert stated  the 
current lot meets the Zoning Ordinance. The lot would not be physically subdivided, 188 
would be unit 1 and 182 would be unit 2. Each building has its own driveway and septic, 
which exists on common land. Each condo owner would have 50% interest in the 
common land.  
●​ Mishcon stated under RSA 672:14, I, converting a primary residence and a stand alone 
ADU into a condominium constitutes a new subdivision, which would require a special 
exception. Per RSA 356-B:5 condominium conveyance of an accessory dwelling unit 
separate from the principal dwelling is prohibited unless permitted by the municipality. 
Mishcon also addressed Cohen v. Town of Henniker which states that the Planning 
Board cannot deny a conversion if changing the form of ownership has no physical 
impact on the land, however the case does not apply to ADUs. 
●​ Wichert stated  the structures on the property have been there for 30 to 40 years and 
was prior to Henderson owning the property. Wichert had not looked into the current 
Zoning Ordinance, however, the structures seemed to predate the current ordinance. 
Neither structure is an ADU, both are considered single family dwellings. Henderson had 
applied for a variance for a conventional subdivision, which would be more desirable, in 
2019 or 2020. The variance was denied due to a lack of road frontage. 
●​ Mishcon stated  his understanding of the law was that converting the structures to 
condominiums requires a subdivision of the property. Wichert stated  the town can 
develop ordinances that regulate condominiums or not. Some towns do not regulate 
condos while others specifically state that a special exception is required. Wichert 
requested  the Board provide some feedback on how to approach the conversion of the 
ownership of the property to a condominium.  
●​ Duclos asked if the Condos would be considered multi-family dwellings. George stated  
there would be no change in the footprint of the structures. The homes remain 
single-family dwellings. They would be going before the ZBA for a variance on housing 
density. The Board cannot deny the variance simply because of a change of ownership, 
since the property is not being physically changed. 
●​ Mishcon asked if each unit would be permitted an ADU. Wichert stated  most ADUs are 
only permitted for single family homes, not for condos. ADUs require additional onsite 
well and septic and would need to adhere to proper setbacks and radii. Wichert did not 
think that whether or not ADUs would be permitted mattered in this case as Henderson 
would simply like to sell the second home. 
●​ George noted  ADUs are only required permissible on a legally existing lot. Restrictions 
could also be documented in the condominium declarations that would require any 
property improvements to adhere to the current Zoning Ordinances. 
●​ Carter asked about the square footage of the current structures and how they would be 
taxed as two separate structures. Wichert stated there was a 1400 square foot mobile 

home and the other was 1145 square feet.  George stated  it appeared the property 
already had two separate assessments and tax bills for each structure. 
●​ Carter noted that the board would need to research and understand how the property 
was being assessed and billed for taxes. 
●​ Fenton asked if each condo owner would receive their own deed. George stated  each 
owner would receive separate deeds as well as deed condominium declarations that 
states the restrictions and responsibilities each owner had for the shared land.  
●​ Wichert reiterated  the condo would only be single family dwellings, the Zoning board 
could waive the Zoning ordinance but not a state law, and by law ADUs cannot be 
developed into condos. Both units have existed for over 30 years and have been 
permitted by the town, in some form, as the town was aware of the structures and it was 
not requested  they be removed. The Zoning Board cannot prohibit a change of 
ownership. Wichert is willing to draft a letter to town council and to cover escrow fees for 
consultation with the town attorney to advise on the matter.  
●​ Mishcon asked if converting the property to condos would be considered a change of 
use for the property. Wichert stated  the only thing changing was the ownership of the 
property, use of the property was not changing. 
●​ Brule asked if there was any documentation of a variance for the property. George stated  
they had not found one. Brule reiterated  more research would need to be done to 
understand how the property was developed. 
●​ Vigneault corrected the board that there were not two separate tax bills on file, however 
there may still be two assessments. Duclos reiterated  the board would need to 
understand how taxes would be assessed on the property. 
●​ Fenton added  the board would also need to understand if the change in ownership 
would require a change in the zoning of the property. 
●​ Duclos made a motion to refer the proposal, permitting a condos at 182 and 188 
Flaghole Road (PID 3-74-499), to the town attorney to advise on the legal requirements 
for converting a single lot with two separate structures into condominiums. Carter 
seconded, all in favor, motion passed. 
●​ Wichert requested  the board provide an escrow amount and he would provide the 
proposal.  
Review and discuss Master Plan Updates  
●​ Duclos provided the board with the most recent draft to the Transportation section of the 
Master Plan. Duclos highlighted  section III, Maintenance and Management strategy, 
seemed well under way and  the RSMS system was being formalized. Duclos noted  
section VIII regarding class VI roads would require some further work to determine which 
ones might be suitable for allowing more development of single family homes. 
●​ Fenton noted  the draft seemed to be well constructed and  the RSMS system fit well 
within the management plan. Fenton asked  the wording related to the class VI roads be 
softened up as the state has passed laws permitting development on class VI roads 
provided certain requirements are met. 
●​ Duclos added  the town would need to develop certain parameters in order to consider 
opening up class VI roads. Fenton noted  the Master Plan should contain general 
statements and not be too detailed in the parameters.  

●​ Mishcon requested  the board have more time to review the updates and  they be further 
discussed at the next meeting on September 22nd. 
●​ Fenton noted  the Transportation & Economic Development document required 
significantly more review. The board was provided with the draft, which included 
transportation plans  should be included in the Master Plan. Fenton recommended 
incorporating the Economic Development summary into the Master Plan as well as 
recommending the town develop an Economic Development Committee, a stand alone 
committee appointed by the Select Board, that would assess and make 
recommendations to build up the town’s economy. 
●​ Brule asked if LRPC might be able to assist with the economic development portion. 
Land Use Coordinator Rand had provided the board with a list of services and fees, and 
the Board still had the town approved funds available to use. 
●​ Koron noted  an Economic Development Committee could be helpful to determine what 
areas LRPC could help with. 
●​ Fenton noted  LRPC should be brought in for other areas and not focused directly on 
economics. 
●​ Carter did not recommend LRPC for the economic development piece, they would be 
more helpful in other areas and noted  Citizens of the town know what would benefit the 
town the most. 
●​ Duclos recommended the board work on some outlines then request LRPC to assist in 
developing the content.  
●​ Mishcon recommended the board fill general holes in the master plan & discuss in 
September and to set aside someone to work with the Select Board to find some 
expertise on the Economic forum. 
●​ Carter made a motion to have Fenton work with the Select Board on developing an 
Economic Development Committee. Fenton seconded, all in favor, motion passed. 
Review and discuss Rules of Procedure, Draft #5 
●​ Brule addressed section III.3 and noted  the board did not consist of elected officials, 
board members are appointed by the Select Board, and the item should specify  Board 
officers are elected by the Board.  
●​ Fenton noted  it was not indicated anywhere in the text that Board members are elected 
by a vote at town meeting, article II specifies  Board members are appointed by the 
Select Board.  
●​ The Board will review and vote on accepting Draft #5 of the Rules of Procedure at the 
next scheduled meeting. 
Old Business  
Review newly issued building permits  
●​ Bradley Pt. Special exception permit issued, all permits obtained 
●​ 7 Poplar St. lifting house 
●​ Boston Hill Rd. adding a deck 
●​ Depot St. replacing a furnace/change in type of furnace 
●​ Fenton added that a notice of violation has been sent to 1 Boston Hill Rd. for violations 
of the Zoning Ordinance, Camping Ordinance (which is in effect), and building code 
violations.  

Review & Approve Previous Minutes 
●​ Duclos made a motion to accept the July 29, 2026 minutes as written. Brule seconded, 
all in favor, motion passed.  
●​ Brule made a motion to have the abbreviated minutes for the August 11, 2026 work 
session publicly posted on the town website. Duclos seconded, all in favor, motion 
passed.  
7:31 PM- Fenton  made a motion to adjourn the meeting. Brule seconded, all in favor, 
meeting adjourned.