Planning Board
Tuesday/January 20, 2004
Members Present: Barbara Freeman (Chair), William Weiler (Vice Chair), Al Bachelder, David Thayer, Ron Williams, Gary Budd (Ex-Officio) and Ken McWilliams (UVLSRPC).
Barbara Freeman called the meeting to order at 7:07 p.m.
The minutes from November 18th were reviewed and corrections were made.
A motion was made to accept the minutes as corrected. Seconded. All in favor.
Case: 2004-001
Final Hearing - David Kinsman & Jane Guise- Annexation/Lot Line Adjustment - Mountain Rd.
Notice is hereby given that the Planning Board will receive submission of an application from David Kinsman and Jane F. Guise, Trustee of the Guise Family Realty Trust, for final approval of a Lot Line Adjustment/Annexation on Mountain Road, Map 24 Lot # 570-546 and Map 24 Lot # 399-312, on Tuesday, January 20, 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.
The Board reviewed the application for completeness.
The application did not include a complete boundary survey of the Guise property nor did it show both lots in their entirety, but Mr. McWilliams said that the Board could choose to waive those requirements.
Mrs. Freeman said that the plan should also have a note on it as to what the original acreage of each lot was before and after the annexation and then the Board can waive the requirement to have the entire lot shown on the plan.
Mr. Kinsman asked if he would have to come back.
Mrs. Freeman told him that he would not.
A motion was made to waive the requirement of showing the full lot, with the condition of putting the acreage of each lot before and after the annexation. Seconded. All in favor.
Mrs. Freeman asked if the Board had any other concerns.
Mr. Weiler said that the plan should also show the frontage before and after the annexation.
A motion was made to approve the application with the condition of showing the acreage and road frontage of each lot before and after the annexation. Seconded. All in favor.
Case: 2003-021
Continuation of Final Hearings - Lynne M. Bell/Bell Engineering - Major Subdivisons/Annexation - Easterly Sides of Bay Point Rd. and Summer St.
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.
Bob Stewart introduced himself as the authorized agent for Lynne M. Bell and Bell Engineering.
Mr. Stewart said that he would like to review Lou Caron’s report.
The tape recorder was turned off while the Board reviewed the report.
The Board requested that Mr. Caron give the presentation.
Mr. Caron explained that his focus was on roadways and drainage, both onsite and offsite.
Mr. Caron had a concern that one of the corners does not meet the 30 mph requirement, but it did meet the 25 mph requirement and recommended that it be posted.
Mr. Caron said that there is an area on Cross Road that is very flat and he is concerned that the water will not drain anywhere.
Mr. Caron said that on a general note he recommends very specific erosion control plans.
Mr. Weiler asked if he recommended that for the roads or when building the houses.
Mr. Caron said both.
Mr. Caron mentioned that he talked to Mr. Goodnough and Mr. Goodnough said that he noticed an increase in weeds in the lake five (5) years ago when the lot was logged. However, it has stabilized over the past couple of years.
Mr. Caron said that Mr. Goodnough’s concerns are beyond his area of expertise in civil engineering. He recommends consulting with an expert in that area.
Mr. Weiler mentioned that Katheryn Holmes had issues with runoff, not weeds and asked Mr. Bell if he had Peter Blackman do runoff calculations.
Mr. Bell said that he had, but they needed to deal with what was there now.
Mr. Caron said that as long as the streambed has stabilized and it is not doing any damage, he is not sure it is an issue, but he is not sure why there is an increase in weeds in the lake.
Mr. Weiler said that when the runoff crosses the road and goes onto Ms. Holmes’ property, it is collecting leaf litter, etc. They need to control large storm events better.
Mr. Caron said that a pond should help.
Mr. Weiler asked Mr. Caron if he had looked at Mr. Blakeman’s report.
Mr. Caron said that he had and that he thought the calculations were very conservative, you would not ever see nearly that amount of water.
With respect to Mr. Caron’s report, the Board would like the following issues addressed:
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.
Mrs. Freeman asked the Board if they would like to hire a consultant to address the issue of perceived increase in weeds.
The Board decided that this was not necessary as it has stabilized and is probably a done deal at this point.
Mr. Goodnough said that he is concerned with the nutrient flow and phosphorous.
Mrs. Freeman commented that it has been a very wet year.
Mr. Weiler asked if the Lake Sunapee Protective Association had tested the water in that area.
Mr. Goodnough said that they had not.
Mrs. Freeman asked the Board if they had any other questions for Mr. Caron.
Mr. McWilliams had a concern about managing peak runoff and if the pond would be able to capture it all.
The Board looked at other possible locations for the pond.
Mr. Bell said that they would be willing to increase the size of the detention pond.
Mr. Weiler asked if it should be further down the hill, not increased in size.
Mr. Caron said that they could control water going into it more easily at this location.
Mr. Bell said that they would like to prevent any impact on the current wetlands by keeping the roads away from it.
With no further questions from the Board, Mr. Caron exited the meeting.
Mrs. Freeman asked Mr. Stewart to address all other outstanding issues, specifically the letter from the road agent, Mr. Goodnough’s letter and the common land.
Mr. Stewart said that they looked at other locations for the common land and the most open space was the wetlands. He said that they would like to leave it the way that it is. He asked if this would be sufficient for this project or if there was a buyout option to have common land.
Mr. Weiler said that he sees that as a payoff and they need to have some way of controlling the future of that land.
Mr. McWilliams said that they could set it up to go towards recreation.
Mr. Weiler said that in less sensitive areas, a buyout would have more validity.
The Board agreed that the area needs to be protected.
Mr. Stewart asked if there is a way to put protective restrictions in the deeds, but still do a buyout.
Mr. Weiler said that they would still have the problem of who is going to monitor it. The Conservation Commission does not want to get into easement monitoring.
Mr. Stewart said that he feels that the least responsible thing to do would be to have a homeowners association responsible for it.
Mr. McWilliams asked who would be monitoring the detention facility.
Mr. Stewart asked who would maintain the slope and drainage easements.
Mr. McWilliams said that typically the Town would, but he is not sure that a detention pond should be maintained by the Town.
Mr. McWilliams suggested that they have a homeowners association maintain the common land and detention pond. He also suggested putting in trails and having access to the common land.
Mr. Weiler asked why they are reluctant to have a homeowners association.
Mr. Stewart said that there is a lot more paperwork involved.
Mr. Bell said that he doesn’t feel it would work.
Mrs. Freeman said that maintenance is not a real issue and asked the Board if they thought the Town should consider accepting it.
Mr. Williams said that it would need to go before Town Meeting.
Mrs. Freeman said that protecting it would benefit the community.
Mr. Stewart said that the Town would also get the benefit of the payout.
Mrs. Freeman said that they would need to talk to the Selectmen and see what they think of this issue.
Mr. Williams asked about protective covenants with the easements.
Mr. Bachelder said that someone needs to be able to enforce the covenants.
Mr. Stewart said that if it is a condition of the Planning Board, the Town could enforce it.
Mr. McWilliams confirmed that the Town could enforce it.
Mr. Williams asked where the payout money would go.
Mr. McWilliams said that it would have to be set up for a specific purpose.
Mrs. Freeman asked if the Board was satisfied with the impact study.
Mr. Killam asked where the data came from for the schools.
Bob Scott said that it is the Town’s data and based on none of these homes being second homes.
Mrs. Freeman said that she felt that it was very conservative.
With no further questions, a motion was made to continue the hearing on February 17, 2004 at 8:00pm. Seconded. All in favor.
Case: 2004-002
Final Hearing - Hewitt Realty Trust - Minor Subdivision - Cloudland Lane
Notice is hereby given that the Planning Board will receive submission of an application from Hewitt Realty Trust for final approval of a Minor Subdivision on Cloudland Lane, Map 30 Lot # 133-521, on Tuesday, January 20, 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.
John Hewitt introduced himself and explained that he had merged the two lots because he was going to build on the property. However, he did not end up building and has been trying to sell the property for five (5) years. The real estate agent recommended putting the lots back the way they were before he merged them.
Mr. McWilliams told him that although he was putting the lots back the way they were, he would still need to have the lots surveyed, so that there was something that could be recorded.
The application was not accepted as complete by the Board.
Case: 2003-012
Final Hearing - Roger Hardy - Minor Subdivision - Old Post Rd.
Notice is hereby given that the Planning Board will receive submission of an application from Roger Hardy for final approval of a Minor Subdivision on Old Post Road, Map 42 Lot # 760-271, on Tuesday, January 20, 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.
The Board reviewed the application for completeness.
Mr. Hardy presented the Board with figures addressing the steep slopes.
Mr. Weiler said that the regulations require a formula.
Mr. Williams said that it was not a problem because it was over two (2) acres.
Mrs. Freeman asked what he intended to do with the common land.
Mr. Hardy said that he is going to annex it to Bob Bell.
Mrs. Freeman told him that he would need to submit another application for a minor subdivision and annexation.
The application was not accepted as complete and the Board advised Mr. Hardy to do the following for the next hearing:
1. Submit an application for a minor subdivision and annexation with Mr. Bell as the co-applicant.
2. Review pages 29 & 30 of the subdivision regulations.
3. Show calculations for steep slopes as required in the regulations.
4. Have a full size signature block.
5. Show the correct owner of the abutting property (Mr. Bell) and show annexation on plan.
A motion was made to adjourn. Seconded. All in favor. Meeting adjourned at 10:25 pm.
Respectfully Submitted,
Lacy L. Cluff
Land Use Board Assistant
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