Planning Board
Tuesday/February 17, 2004
Members Present: Barbara Freeman (Chair), William Weiler (Vice Chair), Al Bachelder, David Thayer, Ron Williams, Gary Budd (Ex-Officio) and Ken McWilliams (UVLSPC).
Barbara Freeman called the meeting to order at 7:22 p.m.
The minutes from December 16, 2003 were reviewed and corrections were made.
A motion was made to accept the minutes as corrected. Seconded. All in favor.
Mrs. Freeman introduced John Lyons, a Newbury resident, and told the Board that he was interested in becoming an alternate. If he decides that he would like to become an alternate, the Board would vote to appoint him at the March meeting.
Case: 2004-003
Conceptual Review - Robert Cole - Newbury Transit & Auto - 206 Village Road
Additional Information: Tax Map 43, Lot 363-081
Mrs. Freeman asked Robert Cole to introduce himself and present his plans for Newbury Transit & Auto.
Mr. Cole introduced himself and his partner, Randy Becker.
Mr. Cole explained that he and Mr. Becker had purchased a couple of vehicles and sold them and decided that they wanted to go into business together. However, if they sell more than five (5) vehicles in a year, they need to get a dealer license through the state. They would also need a dealer license in order to get into dealer auctions. They are not looking to park these cars in their yard even though they are located on Route 103. They are looking to sell these vehicles in the Weekly Flea, Kearsarge Shopper, etc.
Mrs. Freeman asked the Board if they had any questions for Mr. Cole and if they would like him to apply for Site Plan Review.
Ken McWilliams asked if they would be doing any auto repair.
Mr. Cole said that they do not do any auto repair, but they have an agreement with Rainbow Garage for any repairs.
Mrs. Freeman asked how many cars he planned on having on his property at any one time.
Mr. Cole said that he would not have more than two (2) cars at one time.
David Thayer said that Mr. Cole had mentioned that his property was on Route 103 and asked if it was visible from that road.
Mr. Cole said that his property was visible from Route 103 in the winter, but not in the summer.
Mrs. Freeman asked him to point out the location on the map.
Mr. Weiler asked if it was within 300 feet of the center line of Route 103 and therefore, within the Business District.
Mrs. Freeman & Mr. Weiler measured it on the map and determined it was in the Business District.
The Board decided that they would like Mr. Cole to come in for Site Plan Review and approval so that they could put restrictions on the number of vehicles that can be kept on the lot at one time.
Mrs. Freeman asked about waiving portions of the application to keep it simplified and not so costly.
Mr. Weiler suggested Cottage Industry Site Plan Review.
The Board agreed that Cottage Industry Site Plan Review would be sufficient.
Mrs. Freeman said that we can reduce the cost by only charging for the abutter letters and the notice in the newspaper instead of the standard $150.00 fee.
Mr. Bachelder said that the description should define the operation and the plan should show where the vehicles would be parked, so it can’t get out of hand.
Mrs. Freeman asked that Mr. Cole contact her when the application is complete, so that she can review it to make sure the information is adequate.
Case: 2003-021
Continuation of Final Hearings - Lynne M. Bell/Bell Engineering - Major Subdivisons/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 the public notice.
Robert Scott introduced himself as the authorized agent for Lynne M. Bell and Bell Engineering.
Mrs. Freeman noted that there were three (3) issues that Lou Caron, consulting engineer, had that needed to be addressed from January’s hearing. They are as follows:
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 bales and silt fencing.
Mrs. Freeman also mentioned that the common land was still being discussed.
Mr. Scott said that the plans were being changed in response to concerns from the State. He did not have a new set of plans because he was still waiting on the State. He would just like to discuss the common land tonight.
Mr. Scott said that he would like to exercise a clause in the subdivision regulations to come to an agreement on a buyout, cash in lieu of common land. It was his understanding that the concept was accepted by the Board as an option. The Developer was willing to offer $5,000, but got the impression that that was not enough. He would like to know if the Board had an amount in mind.
Mrs. Freeman said that at this point the way the Town accepts the money is by voluntary contribution and it would then be put it in the general fund. Then, at the Town Meeting in 2005, have it voted to be put into the Parks and Recreation Trust.
Mrs. Freeman said that what the Town counsel recommended was that the developer would offer a certain sum and the Board would decide if it was acceptable.
Mr. Scott said that they would like to offer $7,500 and the wetland would be noted as a no build zone in both the plans and deeds.
Mr. McWilliams asked if he would be willing to do a buffer as well.
Mr. Scott said that he would and asked how much.
Mr. McWilliams said that the recommended amount is 100 feet.
Mr. Killam asked if the Board had ever accepted money in lieu of common land.
Mrs. Freeman said no, that this was the first time.
Mrs. Freeman asked how the Board felt about Mr. Scott’s offer.
Mr. Williams said that he would like to have the Town Appraiser look at the proposed wetland and common land.
Mrs. Freeman said that we would not necessarily have to do that. The Board could just make a decision as to whether or not they felt this amount was adequate.
Both Mr. Killam and Mr. Bachelder felt that the Board should not accept the amount without checking with the appraiser.
Mrs. Freeman said that the Board needs to decide whether they would like it to be common land, which would be essentially useless land, or if they wanted to protect it and gain money for recreational purposes.
Mr. Scott clarified that they were not doing a buyout and turning the land into another lot. The existing lots would be subdivided right through the wetlands.
Mr. Weiler asked why the money had to be given to the town in the form of a gift.
Mrs. Freeman said that if they do it as a gift, we do not have to go through the process of assessing it. Also, if the Board did it as an impact fee, it could not be accepted until it went to Town Meeting.
Mr. Williams said that he would still like to have the Town assessor look at the proposed wetlands and common land and offer advice.
The Board agreed that they would like to have the assessor look at the property.
Mr. Williams asked how many acres of land would be protected.
Mr. Scott said that it would be the same size as the common land on plans, plus 100 foot buffer.
Mrs. Freeman asked the Board if they wanted to accept the proposal, but just have the assessor look at the property and put a value on it.
Mr. Scott said that he was hoping for a vote.
Mr. Bachelder said that the Board needed something to base it on.
Mr. Williams said that the Board has a responsibility to review it first.
Mrs. Freeman asked if Mr. Scott could provide the Board with a plan outlining the area.
Mr. Scott agreed to provide a plan and asked if there were any other issues.
Mr. McWilliams asked if fire safety had been addressed.
Mr. Scott said that it had been addressed. The Fire Chief wants the fire pond at a location outside the subdivision.
Mr. Bachelder said that the Board needed to know what their participation would be.
Mr. Scott said that they would provide the labor and pay for the equipment and hardware, with the exception of the two (2) end pieces because the fire chief is particular about what he would like.
Mrs. Freeman requested that he describe his participation in the plan.
Mr. McWilliams said that they would also need to know the cost so that it could be bonded.
Mrs. Freeman said that Mr. Scott needs to press the Fire Chief to pick a location.
Mr. Scott said that he will talk to him.
Mr. Scott asked if he was able to provide them with a cost on the materials and labor so it could be bonded, would that meet the Board’s needs.
Mrs. Freeman said that she would like to talk to the Fire Chief first.
A motion was made to continue the hearing on March 16, 2004 at 8:30 p.m. Seconded. All in favor.
The Board signed a previous mylar for Bell Engineering.
Mr. Weiler passed out a draft of changes to the subdivision regulations
Mrs. Freeman asked that the Board review Mr. Weiler’s changes to the subdivision regulation for the next work session.
Mr. Weiler said that there were no substantial changes. He just changed some of the numbers and moved the paragraphs around. He also changed the application.
Case: 2004-004
Final Hearing - Roger Hardy & Bolyn Land Investment et al - Minor Subdivision/Annexation - Old Post Rd.
Notice is hereby given that the Planning Board will receive submission of an application from Roger Hardy and Bolyn Land Investments, LLC, Robert Scott and Molly MacNaughton for final approval of a Minor Subdivision/Annexation on Old Post Road, Map 42, Lot 760-271 and Map 32, Lot 037-333, on Tuesday, February17, 2004 at 9:00 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.
Mr. Weiler noticed that Parcel A was not identified.
Mrs. Freeman said that they can approve it contingent upon making changes to the plat.
A motion was made to accept the application as complete. Seconded. All in favor.
A motion was made to approve the application contingent upon the following changes to the plat:
1. Show the symbol of annexation between the two (2) parcels being annexed.
2. Put the map/lot # of the lot being subdivided.
3. Change the duplicate lot #2 to lot #3.
Seconded. All in favor.
Case: 2004-005
Final Hearing - Bolyn Land Investments, LLC, Lynne M. Bell & Town of Newbury - Minor Subdivision/Annexation - High Meadow Subdivision.
Notice is hereby given that the Planning Board will receive submission of an application from Bolyn Land Investments, LLC, Lynne M. Bell and the Town of Newbury for final approval of a Minor Subdivision/Annexation of a trail corridor in the High Meadow Subdivision, Tax Map 29 Lot 314-330 and Tax Map 29A Lot 259-352, on Tuesday, February 17, 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 and clarified that the application was just for a subdivision and not an annexation.
The Board reviewed the application for completeness.
Mrs. Freeman noted that they needed to put the total acreage of the trail on the plan.
Mr. Weiler asked if the trail had ever been deeded to S.P.N.H.F.
Mr. Weiler also said that the only applicant should be S.P.N.H.F. Bob Scott can represent them as long as he had a letter from them.
Discussion took place on whether or not he needed to notify all of the abutters to the S.P.N.H.F. property.
The Board decided that they did need to notify all of the abutters, but the letters can be sent out certified mail without a return receipt to save money.
Mrs. Freeman marked changes on the plan. (Please see file.)
The application was not accepted as complete and the applicant needs to reapply addressing the issues brought up by the Board.
Mrs. Freeman made an announcement that Jake Kezar wishes to resign as an alternate because he does not have the time to commit to the Board.
A motion was made to adjourn. Seconded. All in favor. Meeting adjourned at 10:10 pm.
Respectfully Submitted,
Lacy L. Cluff
Land Use Board Assistant
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