Planning Board
Tuesday/March 16, 2004
Members Present: Barbara Freeman (Chair), William Weiler (Vice Chair), Al Bachelder, Ron Williams, Gary Budd (Ex-Officio), Charlie Killam and Ken McWilliams (UVLSPC)
Barbara Freeman called the meeting to order at 7:10 p.m.
The minutes from January 20, 2004 were reviewed and corrections were made.
A motion was made to accept the minutes as corrected. Seconded. All in favor.
The minutes from February 17, 2004 were reviewed and corrections were made.
A motion was made to accept the minutes as corrected. Seconded. All in favor.
Mrs. Freeman mentioned that John Lyons, a Newbury resident who was considering becoming an alternate, decided that it would be too much of a commitment for him to be involved in the Planning Board at this time.
Mrs. Freeman said that the Board needed to vote in officers since this is the first meeting after Town Meeting.
A motion was made to re-elect Barbara Freeman as chair of the Planning Board. Seconded. All in favor.
A motion was made to re-elect Bill Weiler as vice-chair. Seconded. All in favor.
Mr. Weiler handed out some suggested changes to the Subdivision Regulations for subsequent meetings.
Gary Budd said that the Selectmen would like to appoint an alternate ex-officio, Peter Fichter. He is Mr. Budd’s neighbor, involved with Lake Sunapee Protective Association and a mechanical engineer. Mr. Budd thinks that he will be great addition to the Planning Board. Mr. Budd said that he thinks he is better suited as a selectman and would like to focus on that position.
Mrs. Freeman said that she has met Mr. Fichter and she also feels that he would be a good addition to the Planning Board. She said that she only had three requests that she made clear to him. Those requests were that he needed to be a Newbury resident, needed to attend all meetings and needed to be an active member. He agreed to all of these requests.
Mr. Bachelder said that the Planning Board is supposed to have a member of the Select Board. The alternate would only come in when he cannot attend.
Mrs. Freeman agreed.
Mr. Weiler said that in this case, no Selectman is able to, so the alternative is to have no one or have the Selectmen appoint someone.
Mr. Budd said that he just does not have the time, he works full time, has a family and is a Selectman.
Mr. McWilliams said that the in the RSAs, section 673:2, it states that the Selectmen shall choose one of the Selectman or an administrative official to serve on the Planning Board. In section 673:6 it talks about an alternate member and states that the Board of Selectmen have the right to elect an alternate ex-officio when the regular ex-officio cannot attend. It can be once a year or every meeting. The Selectmen still need an appointed ex-officio if it is not going to be Gary Budd anymore.
Mr. Bachelder said that he feels that the Board should still have a member of the Select Board on the Planning Board to keep the lines of communication open between the two Boards.
Mr. Weiler said that the alternate ex-officio is to report back to the Selectmen.
Mr. Williams asked if the alternate would be authorized to speak on behalf of the selectmen.
Mr. Budd said that when he is speaking, it is as a member of the Planning Board, not as Selectman.
Mrs. Freeman said that there have been times when Mr. Budd has spoken on behalf of the Selectman, however, he had responded for the Selectmen only after he has already talked to them. Mr. Fichter would do the same.
Mr. Bachelder said that when Mr. Budd was elected Selectman, one of the function was that he was to take on the position of ex-officio on the Planning Board. If Mr. Budd is not going to be able to serve in that position anymore, the Selectmen need to appoint another Selectman to serve as the ex-officio. He does not feel that it was fair of Mr. Budd to take on the job as selectman and not have time to perform all of the functions that he had agreed to.
Mr. Killam said that we need to allow this or we may lose them all together. If the law provides for them to be able to do this, than he is in favor of it.
Mrs. Freeman said that she understands Mr. Budd’s position, he has a lot to do and it is important to be able to spend time with your family. She feels that if Mr. Fichter is willing to serve in this position, maybe he will be able to commit more time to the Board than Mr. Budd would be able to.
Mr. Budd said that he feels he is doing an excellent job as Selectman and feels that the three Selectmen work very well together. There are a lot of projects, the highway garage, town office expansion and pay rate study. He feels that these items need to take priority. He feels that by the Board of Selectmen appointing someone who can put in more time would be of benefit to the Planning Board.
Mrs. Freeman said that there is a lot of work to do in a town. Usually the positions are filled by retired people, like herself, who have the time to put in. She feels that they really need to make it possible for someone who has a full time job to get involved, otherwise there is an unbalanced view. She thinks that the Board should be flexible and at least try having the alternate and see how it works out.
Doug Sweet
Mr. Sweet from Bristol, Sweet and Associates presented a plan for Herbert Smith, the Stuarts and the Fishers. They have come to an agreement on a right of way that serves the Fishers and Stuarts lot. They were asked to survey it and make a monument of it. Mr. Sweet presented a mylar to the Board. They are proposing to change the location of the driveway to a location that works better for all of them.
Mr. Sweet said that New Hampshire Department of Transportation was happy with it as they have issued a driveway permit.
Board agreed it looks a lot better.
Mrs. Freeman said that the Board needed authorization before signing the mylar. They need a letter of authorization from all of the people on this plan authorizing Mr. Sweet as their agent. The Board cannot sign the mylar without this authorization. She said the Board can sign the mylar and hold onto it until they receive authorization that Mr. Sweet is the agent.
The Board signed the mylar and agreed to hold it until receiving authorization.
Mr. Weiler passed out a handout for the subdivision work session to be reviewed for April 6, 2004.
Mr. Williams recommended having the fire chief and road agent look at the changes for any suggestions.
Mrs. Freeman recommended that he date all revisions so that they are better able to track them.
Discussion ensued as to whether or not the chair should be a voting member.
Mrs. Freeman said that in seminars that she has been to regarding procedure, they recommend that the Planning Board chair does vote. On our Board they have traditionally not had a voting chair. She would like to discuss changing that.
Charlie Killam said that he did not see the point in having the chair vote because it is not going to make a difference in the outcome.
Mr. Weiler said that he thinks every member should have an active role and vote either for or against any issue.
Mrs. Freeman asked that everyone think about this and it will be discussed later when they discuss procedure.
Mrs Freeman noted the Paul LaCasse was on the agenda for 7:30 and there was a conceptual Review at 8:00 for Richard Pietrafitta for a Major Subdivision on 91 Forest Brook Road. However, neither are present.
Case: 2003-021
Continuation of Final Hearings - Lynne M. Bell/Bell Engineering - Major Subdivisions/Annexation - Easterly Sides of Bay Point Rd. and Summer St.
The original notice read:
Notice is hereby given that the Planning Board will receive submission of 3 separate applications from Lynne M. Bell and Bell Engineering for final approval of a subdivision/annexation of land on the easterly sides of Bay Point Road and Summer Street on Tuesday, October 21, 2003 at 8:30 p.m. in the Town Office Building at 937 Route 103 in Newbury, N.H. If the applications are accepted as complete, a public hearing on the accepted applications will commence at the same meeting.
The applications are as follows:
1. Subdivide Parcel B into 7 lots for Bell Engineering.
2. Subdivide Parcel A (Tax Map 06 Lot # 196-224) into 6 new lots (Lynne M. Bell).
3. Annex 4.81 acres from Tax Map 06 Lot # 196-224 (AKA Lot # 18) to Tax Map 6 Lot # 156-213 creating a 5.60 acre lot. (Lynne M. Bell)
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 introduced himself as the authorized agent for Lynne M. Bell and Bell Engineering.
Mrs. Freeman read a letter addressed to the Planning Board and dated March 16, 2004. The letter was from Lynne M. and Robert W. Bell agreeing to a thirty-five day extension for the Planning Board review of the Whitethorn/Bay Point subdivision.
Mrs. Freeman said that it came to our attention when Lou Caron’s bill came in that we did not have an account set up for the Whitethorn Subdivision. She said that Mr. Bell has now presented them with a check for payment of the consulting engineer, Lou Caron.
Mr. Stewart presented plans to the Board and apologized for not having them available prior to the hearing.
Mr. Stewart said that it was his understanding that there were two concepts that were considered by the Board at the last hearing. The first was that there could be a no build zone around the wetland that could be delineated on the plan and the second was that the open space was to be eliminated in lieu of a cash offer. The cash offer was $7,500 and it was based on the amount of acreage and what the assessor used as figures for that land. Taking this information into consideration, he would like to propose this new plan.
Mr. Stewart explained that the shaded area is the no build area and includes the wetlands and a 100 ft. setback from wetland. For simplification and clarification at the registry, they put straight lines through the wetlands.
Mr. McWilliams asked if he had a map that showed where the wetlands were and how this map relates to it.
Mr. Stewart said that map is in the plans that have already been presented to the Board.
Mr. McWilliams said that this plan represents a no build area that includes the wetland and 100 ft buffer zone and wanted to know if Mr. Stewart had a map that was used to create this plan from, showing where the wetland boundary is.
Mr. Stewart said that it was in the preceding plan.
Discussion took place on the need for having the Town assessor look at the property to put a value on the land to see how the offer compares to the value.
The general consensus of the Board was that they would still like to have the assessor look at the property and provide an evaluation.
Mrs. Freeman stated that the reason the assessor did not look at the property prior to this hearing was because they did not get the new plans until tonight.
Discussion also took place as to exactly what land the Board wanted the assessor to look at.
The Board decided that they wanted the assessor to look at the original 2.9 acres of common land from the original plans.
Mr. McWilliams said that the purpose of having the wetlands delineated is to see if this 100 ft. setback is enough to protect that land. Once that is decided, you can have the assessor look at the property and the Board can make a decision as to whether the amount he is offering is fair.
Mrs. Freeman said that she would talk to the assessor about looking at the 2.9 acres.
Mrs. Freeman said that a lot of discussion has taken place regarding the runoff. Mr. Goodnough has been to the meetings discussing the runoff onto his property.
Mr. Stewart said that part of the problem is that the road is already in and a lot of the runoff from that is going into the wetland. On further plans they have some retention areas that slow it down.
Mrs. Freeman said that when Mr. Weiler and she walked the property they did not see a problem with just letting the vegetation grow back. It would not be compromising views because it is way below where the houses will be. Would also make it look more attractive.
Mr. Stewart asked if that was going to be a requirement from the Board.
The Board agreed that they would like it to be.
Mr. Stewart asked where this application stood now.
Mrs. Freeman said that in addition to what was discussed tonight, there were three outstanding items:
1. Speed limit of 25 mph posted on site line.
2. Site drainage issues addressed with roads that are too flat.
3. Site specific designs for temporary erosion control plans at a detailed level with specific use of hay bails and silt fencing.
The Board requested that new plans be submitted to Lou Caron, the consulting engineer, for his review at the same time that they are submitted to the Planning Board.
Case: 2004-006
Conceptual Review - Angel Hawk - Major Subdivision - Sutton Rd. / Map 48 Lot 599-442 (88.50 Acres)
Bob Stewart from RCS designs introduced himself as the authorized agent for Angel Hawk, LLC. Angle Hawk is proposing a subdivision off Sutton Road and Nelson Hill Road. He pointed out the location of the property on the tax map. He said that the total acreage was 98 acres and he proposing to subdivide it into 21 lots. Mr. Stewart explained that this is going to be a upscale development that will have restrictions and covenants similar to other upscale developments in the area. In keeping with the character of upscale developments, the houses will be set back from the road.
Mrs. Freeman said she likes the idea of the big deep lots and having the covenants stating that you cannot build along the road.
Mr. McWilliams asked if there was a stream that ran in the back of some of the lots.
Mr. Stewart said that there was and there was a wetland.
Mrs. Freeman commented that the Board would like the open space to be usable and it does not seem usable in this subdivision.
Mrs. Freeman said that she did not like the pie shaped lots.
Mr. Weiler said that he has a problem with using wetlands as frontage to a lot. He also has a problem with having 3 easements across a lot. He recommended running the road through entire subdivision.
Mr. Stewart said they want to minimize the amount of trees cut. He also said that the client would like to keep everything as natural as possible and preserve as many trees as possible, less disturbance to the area. He also stated that the proposed road meets the town’s standards.
Mr. Stewart said that his client does not want a through road that people can drive fast through. A dead end road will make it more of a private community.
Mrs. Freeman commented on the test pits and mentioned that in the past they required that the wells be located so that the circles do not have roads running through them. She believes it was a requirement of the Southview Subdivision.
Mr. McWilliams said that they were worried about salt on the roads in Southview.
Mr. Weiler asked if they had to cross the wetland to get to the house with wetlands in the front.
Mr. Stewart said no and showed where the access would be.
Mrs. Freeman asked what kinds of slopes there were for the driveways.
Mr. Stewart said that they were less than 25%.
Mrs. Freeman asked if they were greater than 12%.
David Eckman from Eckman Engineering said that some of the driveways are around 14%.
Mr. Weiler didn’t think they should make driveways greater than 10%.
Mr. Stewart pointed out an area on Nelson Hill Road that was 14% to give them an idea of how steep the slope of the driveways would be.
Mr. Weiler asked if the lots, primarily the triangular ones, had a 4 to 1 ratio.
Mr. Stewart said that all of the lots meet the town’s standards.
Mr. Killam asked if they had considered cluster development for some of the land near the wetlands to preserve more land.
Mrs. Freeman said that there doesn’t seem to be any larger area where they could cluster the houses. There is not a lot of buildable land when you take the wetlands and steep slopes into consideration.
Mrs. Freeman said that the Board is going to need to see the calculations. They will need to calculate for both the wetlands and steep slopes.
Mr. Stewart agreed.
Mr. Williams pointed out some areas on the plan where they could put in some cluster housing.
Mr. Stewart doesn’t like the idea of stacking houses on top of each other to minimize runoff.
Mrs. Freeman asked if they were going to leave copies.
Mr. Stewart said that he would drop copies off at the Town Office.
Mrs. Freeman asked what his time line was.
Mr. Stewart said April.
Mr. McWilliams said that the next logical step would be a preliminary hearing.
A motion was made to adjourn. Seconded. All in favor. Meeting adjourned at 10:30 pm.
Respectfully Submitted,
Lacy L. Cluff
Land Use Board Assistant
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