Planning Board
Tuesday/May 18, 2004
Members Present: Barbara Freeman (Chair), William Weiler (Vice Chair), Al Bachelder, David Thayer, Ron Williams, Peter Fichter (Alternate Ex-Officio) and Ken McWilliams (UVLSRPC)
Barbara Freeman called the meeting to order at 6:15 p.m.
The meeting minutes from April 20, 2004 were reviewed and corrections were made. A motion was made to accept the minutes as corrected. Seconded. All in favor.
Mrs. Freeman said that Mr. Schroeder called to let the Board know that he was going to need an extension on his excavation permit because the Town is going to be doing road construction on Sutton Road.
Mrs. Freeman said that the Board will need to have a public hearing at the Town’s expense. She said that Cal Prussman, Highway Administrator, does not want heavy trucks on Sutton Road starting August 1, 2004.
Mrs. Freeman said that David Kinsman has a stump dump that is located in the Aquifer Overlay District. Stump dumps are not permitted in that district. He approached the Selectmen who referred him to the Planning Board.
Mrs. Freeman said that she did a site visit. She said that he would normally be grandfathered, but he was very close to wetlands.
Mrs. Freeman said that he does not need a permit from the State to operate a stump dump, but that DES has recommendations.
Mrs. Freeman said that Mr. Kinsman asked for a letter from the Board. She said that she will draft a letter telling him to stop dumping stumps and follow the recommendations from DES.
Mr. McWilliams said that Mr. Kinsman could continue as a non-conforming use if he complies with DES’s requirements.
Mr. Weiler said that there should be a document in Mr. Kinsman’s property file showing where the stump dump is located.
Mr. Weiler also requested a copy of the letter that the Planning Board writes be given to the Conservation Commission.
Mrs. Freeman asked the Board if any of the hearings tonight needed to be continued, if they would be willing to have an extra meeting to continue the hearings.
Both Mr. Bachelder and Mr. Weiler did not feel that it should be at the next work session.
The Board agreed that if any hearings needed to be continued, then they would be continued on May 25, 2004 at 6:00 p.m.
Mr. Bachelder said that he was given a copy of the Norwich, VT Subdivision Regulations and thought that they had some interesting ideas. He will distribute them to the Board members to review.
Mr. Weiler asked if they would pertain to Newbury because they were written under Vermont law.
Mr. McWilliams said that he hadn’t looked at their Zoning Ordinance or Master Plan yet, but thinks that they could apply to Newbury.
Case: 2004-005: Final Hearing - Lynne Bell Trust & Bolyn Land Investment - Minor Subdivision - Map 40 Lot 759-417 & Map 39 Lot 726-204.
Notice is hereby given that the Planning Board will receive submission of an application from Bolyn Land Investments, LLC and Lynne M. Bell for final approval of a Minor Subdivision of a trail corridor in the High Meadow Subdivision, Tax Map 40 Lot 759-417 and Tax Map 39 Lot 726-204, on Tuesday, May 18, 2004 at 7:00 p.m. in the Town Office Building at 937 Route 103 in Newbury, N.H. If the application is accepted as complete, a public hearing on the accepted application will commence at the same meeting.
Copies of the plan are available for public review at the Town Office Building during regular business hours.
Mrs. Freeman read the above public notice.
The Board reviewed the application for completeness.
Mrs. Freeman read a letter from Clayton Platt (Please see file).
Mr. Weiler said that it is not really a subdivision, but a clarification.
A Motion was made to accept the application as complete. Seconded. All in favor.
Mrs. Freeman asked for comments from the Board.
With no comments from the Board, Mrs. Freeman opened the hearing to public comment.
Mark Wichtermann from High Meadow said that the trail crosses his property without his permission.
Mrs. Freeman said that this is a separate lot and his concern does not pertain to this subdivision.
A motion was made to approve. Seconded. All in favor.
The Board signed the mylar.
Case: 2004-006: Final Hearing - Angel Hawk - Major Subdivision - Sutton & Nelson Hill Road - Map 48 Lot 599-442.
Notice is hereby given that the Planning Board will receive submission of an application from Angel Hawk, LLC for a final hearing for a Major Subdivision off Sutton Road and Nelson Hill Road, Tax Map 48 Lot # 599-442, on Tuesday, May 18, 2004 at 7:30 p.m. in the Town Office Building at 937 Route 103 in Newbury, N.H. If the application is accepted as complete, a public hearing on the accepted application will commence at the same meeting.
Copies of the plan are available for public review at the Town Office Building during regular business hours.
Mrs. Freeman read the above public notice.
Bob Stewart from RCS Designs introduced himself as the authorized agent for Angel Hawk, LLC.
The Board reviewed the application for completeness. The following items were missing or needed to be addressed:
1. Police protection, under the impact assessment.
2. Visual impact, in the Impact Study.
3. Department sign-off sheets (Do not need sewer or Department of Transportation).
4. Impact on surrounding conservation (Mr. Weiler said that if nothing was effected, that needs to be stated.
5. Soils report prepared by soil scientist or engineer showing suitability of soils for the proposed development (It is implied, but needs to be addressed literally).
6. Fire protection plan.
7. Items A, G, H, D, E & I, Legal documents (Section V.A.8), including conveyances of the roads to the Town (Mrs. Freeman said that the descriptions of the easements can be described on the plans). Also needs to talk to the Fire Chief concerning ownership of the cisterns.
8. Agency & permit approvals.
9. Plan B-5, Lot 16 is missing a driveway plan.
10. Plan D-5, Shows detail of retaining wall, but not the location on the plat.
In response to Item # 5, Mr. Stewart said that plans B-3 and B-4 each show a 4,000 sq foot area of test pit locations. He said that it also showed the wetlands and soil types. Mr. Stewart also pointed out that plan B-11 showed the soil profiles.
Mrs. Freeman said that he plans do not show suitability for the entire site. They only showed that you could put in a well and septic system.
Mrs. Freeman said that they also need to show any soil disturbances.
Mr. Stewart said all of the calculations are included in section 4, under the drainage study.
Mrs. Freeman asked if the property was located in a flood plain.
Mr. Stewart said that it is in a flood plain and that it was shown on the plans.
Mrs. Freeman asked if there was a start and completion date.
Mr. Stewart said that it would be difficult to pick dates, but the plans have what needs to be done in sequence.
Mrs. Freeman noted that if they did not feel that any of the items that the Board is requiring are appropriate they can submit a written request for a waiver.
The application was not accepted as complete because the list of items missing was too extensive.
A motion was made to continue the hearing on June 15, 2004 from 8:30 pm - 9:30 pm. Seconded. All in favor.
Case: 2003-019: Final Hearing - Briott, LLC - Major Subdivision - Off Southgate Road Map 44 Lot 078-083.
Notice is hereby given that the Planning Board will receive submission of an application from Briott, LLC for a final hearing for a Major Subdivision off Southgate Road, Tax Map 44 Lot # 078-083, on Tuesday, May 18, 2004 at 8:30 p.m. in the Town Office Building at 937 Route 103 in Newbury, N.H. If the application is accepted as complete, a public hearing on the accepted application will commence at the same meeting.
Copies of the plan are available for public review at the Town Office Building during regular business hours.
Mrs. Freeman read the above public notice.
Steve Jesseman from Jesseman Associates, PC introduced himself as the authorized agent for Briott, LLC.
Mrs. Freeman said that the Board would first review the application for completeness.
The Board noticed that the following items were missing or needed to be addressed:
1. Impact on surrounding conservation and open space.
2. Soils report (page 22, item C)
3. Change type face on erosion control plan so that it is more legible.
4. Sequence of erosion controls on plan.
5. Legal Document (Section V, A, 8) - Need to have the Town Attorney, Bart Mayer, review the Warranty Deed conveying the land to be used as roads to the Town.
6. Indemnification & Maintenance until acceptance (p. 28, items G & H)
7. State approvals (Wetland, Subdivision & Site Specific).
8. Traffic Study
9. A study looking at the role of the wetland for recharging the aquifer as well as the impact of the development on the well-being of the aquifer.
A motion was made to accept the application as complete contingent on receiving the above items. Seconded. All in favor.
Mrs. Freeman explained the review process as follows:
1. Presentation from applicant
2. Board will ask questions
3. Open to public comment
4. Close to public comment
5. The Board will deliberate and vote.
Mrs. Freeman noted that the Board does not have to make a decision tonight.
Mr. Jesseman presented the plans and showed the location of the lot off Southgate road and the right of way across the railroad tracks.
Mr. Jesseman said that the access road will cross over the railroad bed five feet above where it is today. He said that there would be appropriate signage (stop sign for snowmobiles) so that there would not be any high speed traffic.
Mr. Jesseman showed where there was a cul-de-sac instead of crossing through to Southgate Road because of the steep slope area. The dead end road exceeds the permitted length, but in previous hearings, he had discussed putting in median strips in two areas. This will maintain access for safety.
Mr Jesseman showed the wetlands and deer bedding areas and said that those areas would be protected.
Tim Higginson from Jesseman Associates, PC explained the drainage & erosion control plans and said that they were designed to provide as low an impact on the wetlands as possible.
Mr. Jesseman said that it has been suggested to them that the entrance should have a larger culvert, but he is afraid that it could cause more water problems beyond the entrance. However, they would be willing to make any changes that were asked of them.
Mr. Bachelder asked for a description of the roads with the medians.
Mr. Higginson said that the lanes are 12 feet with an 8 foot median, 4 feet of grass and 2 feet of shoulder on each side.
Mrs. Freeman said that she would like to establish any additional information that is required and then propose to continue the hearing.
The Board would also like to have an independent engineering consultant.
Mr. Jesseman said that they would accept that.
Mr. McWilliams said that they need a traffic study.
Mrs. Freeman said that the Board would also like to request a hydrology report because of the concerns about the wetlands and aquifer.
Mr. Higginson said that he is not clear on exactly what the Board requires in a hydrology report.
Mrs. Freeman said that the Board would like to know if the wetland is part of the aquifer. If it is part of the aquifer, what is it’s role and what impacts will this development have on it.
Mr. Weiler said that he was having a difficult time understanding the road profile.
Mr. Jesseman said that they could provide the Board with a profile of the railroad bed if that would be helpful.
The Board thought that was a good idea.
Mr. Williams said that the scale is inconsistent on the road profile.
Mr. Jesseman said that they would address that.
Mrs. Freeman asked for the client’s agreement to pay an independent engineering consultant.
Mr. Jesseman agreed.
Mrs. Freeman opened the hearing to public comment.
Richard Wright from Morse Hill Road said that he did not feel that the median was a good idea because it would be very difficult for the highway department. He said that there was no delineation of the deer yards. He thinks that the development of this area should trigger the paving of Southgate Road. He also thinks that they should put in a larger culvert for Beals Brook. He feels that the hydrology study that the Board is requesting is important. He also said that he does not feel that this development should be done in pieces and that the Board and public should see the whole picture.
Mr. Higginson said that a larger culvert for Beels Brook will not solve the problem because it will allow more water to flow through and could impact the structures down stream.
John Foster from Southgate Road said that he was an abutter to the property, but was not notified of the hearing.
Mr. Foster was on the abutters list, but was not sent a notice.
Mr. Foster said that the railroad bed is private property and that they would need the permission of all of the owners in order to put in a right of way.
Mr. Jesseman said that Scott Falvey does own one lot in Southgate.
Mr. McWilliams said that he does believe that they would need to get permission from each of the owners.
Scott Falvey said that what he was doing was the second and third phases of the original Southgate subdivision that allowed for the crossing of that railroad bed.
Mr. Foster said that at the original meeting, the abutters agreed to putting in a bridge, but not raising it and making a crossing.
Mrs. Freeman said that the hearing would need to be re-noticed because Mr. Foster was not notified and all of the part owners of the railroad bed were not notified. The Board will pay half the cost to send out these notices because Mr. Foster was overlooked.
Case: 2004-010: Final Hearing - Michael & Gretchen Stallbohm - Minor Subdivision - Colburn Farm Road & Old Post Road - Map 42 Lot 790-153.
Notice is hereby given that the Planning Board will receive submission of an application from Michael W. & Gretchen Stallbohm for a final hearing for a Minor Subdivision on Colburn Farm Road & Old Post Road, Tax Map 42 Lot # 790-153, on Tuesday, May 18, 2004 at 9:30 p.m. in the Town Office Building at 937 Route 103 in Newbury, N.H. If the application is accepted as complete, a public hearing on the accepted application will commence at the same meeting.
Copies of the plan are available for public review at the Town Office Building during regular business hours.
Mrs. Freeman read the above public notice.
The Board reviewed the application for completeness.
A motion was made to accept the application as complete. Seconded. All in favor.
Jeff Evans from Landmark Services introduced himself as the authorized agent for Michael and Gretchen Stallbohm.
Mr. Evans explained that the parcel has road frontage on two roads, Colburn Farm Road and Old Post Road. They would like to subdivided off five acres that already has an existing house, well and septic.
Mrs. Freeman asked what their future plans were for this property.
Mr. Evans said that they plan to sell the property, but cannot speculate as to what the buyer will do with it.
Mrs. Freeman asked if the property was in current use.
Mr. Evans said that he did not believe that it was, but the town assessor should pick up on it if it is.
Mrs. Freeman opened the hearing to public comment.
Robert Scott, an abutter, said that he supported this subdivision.
Mrs. Freeman closed the hearing to public comment.
A motion was made to approve the plan. Seconded. All in favor.
The Board signed the mylar.
Case: 2004-011: Final Hearing - Marion DeRoche - Minor Subdivision - South Road - Map 35 Lot 251-252.
Notice is hereby given that the Planning Board will receive submission of an application from Marion DeRoche for a final hearing for a Minor Subdivision on South Road, Tax Map 35 Lot # 251-252, on Tuesday, May 18, 2004 at 10:00 p.m. in the Town Office Building at 937 Route 103 in Newbury, N.H. If the application is accepted as complete, a public hearing on the accepted application will commence at the same meeting.
Copies of the plan are available for public review at the Town Office Building during regular business hours.
Mrs. Freeman read the above public notice.
Mr. Stewart from RCS Designs introduced himself as the authorized agent for Marion DeRoche.
Bob Stewart requested a waiver of the requirement to have the entire parcel surveyed because the lot that is being subdivided off does not adjoin any abutting lots.
A motion was made to grant the waiver. Seconded. All in favor.
A motion was made to accept the application as complete. Seconded. All in favor.
Mr. Stewart explained that the parcel being subdivided off was 2.39 effective acres. He said that the wetlands were delineated by a wetlands scientist.
Mr. Stewart requested that the approval be contingent on state subdivision approval and putting a full signature block on the mylar.
A motion was made to approve the plan with the above conditions. Seconded. All in favor.
A motion was made to adjourn. Seconded. All in favor. Meeting adjourned at 11:00 p.m.
Respectfully Submitted,
Lacy L. Cluff
Land Use Board Assistant
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