DRAFT
Planning Board
May 19, 2009
Members Present: Tom Vannatta, Chair; Barbara Freeman, Vice-Chair; Travis Dezotell; Deane Geddes; Bruce Healey; Bill Weiler; Ken McWilliams, Advisor
Mr. Vannatta called the meeting to order at 7:05 p.m.
MINUTES
The Board reviewed the minutes of April 21, 2009 and made corrections. Mr. Weiler suggested that when addressing the Angel Hawk Subdivision, the Board should reference Surety instead of ‘Letter of Credit’ or ‘Escrow’.
Mr. Weiler made a motion to approve the minutes of April 21, 2009 as corrected. Ms. Freeman seconded the motion. All in favor.
CASE: 2008 – 021: Final Site Plan Review – Joan Morena – Cottage Industry - Therapeutic Massage – Rollins Road
The Board reviewed the site plan submitted by Ms. Morena and found all required elements present and addressed. The Board signed the site plan.
CASE: CODE – 016: Zoning Issues - Affordable Housing
Mr. McWilliams advised the Board that House Bill 321 is working through the Senate. If passed, it would delay the effective date of legislation until January 1, 2010. However, that would still give the Board time to notice a public hearing for zoning amendments if desired.
CASE: 2008 – 010: Annexation – Bradley LaClair – Park 10 – Lots 020-055-210, 020-069-280 & 020-057-229
Roger Rodewald, Agent, was present to discuss the proposed annexation by Mr. LaClair.
Mr. Vannatta informed Mr. Rodewald that the Board received an opinion from Bart Mayer, Town Counsel, regarding the status of the Park 10 paper roads. It was Counsel’s opinion that Park 10 Road, which bisects one of Mr. LaClair’s lots, should not be considered as part of the lot size calculation.
Ms. Freeman commented that she interprets Counsel’s opinion to say that paper roads could be abandoned by the Town except where they are the only access to a lot. Therefore, they are still in force and could be used as access trails or driveways. The Town has no right to cut off someone’s access to their lot.
The Board discussed Counsel’s letter.
Mr. McWilliams commented that Spring Street does not meet the frontage requirement because it is the wrong kind of frontage by definition. i.e., Private Easement vs. Public Right of Way. The lots have two non-conforming aspects, size and frontage. This annexation is not making the situation worse; it is making it better by providing access via the proposed 20 ft. right of way.
Mr. Weiler commented that since the land under Park 10 cannot be included as part of the lot size, the lots may be becoming more non-conforming.
Mr. McWilliams suggested that the lot line be moved so that the larger lot absorbs less land and the smaller lot does not become any smaller than it currently is. He clarified that a lot can be divided by a street, but the street area cannot be counted as part of the lot area.
Mr. Vannatta pointed out that the Town cannot abandon Spring Street because there are other lot owners affected by the existence of Spring Street.
The sense of the Board was that research needs to be done to find out the status of Spring Street since it passes between two lots owned by the same person. Also, clarification is needed regarding Article 15.2 of the Zoning Ordinance regarding non-conforming lot provision.
Mr. McWilliams agreed to discuss this annexation application and the pertinent road issues in detail with Counsel. He suggested that for clarification purposes, the 20 ft. right of way be referred to as a 20 ft. Common Access Easement for a driveway rather than a Right of Way.
Ms. Freeman made a motion to continue this hearing until June 16, 2009 at 7:15 p.m. Mr. Dezotell seconded the motion. All in favor.
CASE: 1993-009: PSNH Scenic Road Hearing
Dave Crane, PSNH Representative, was present to discuss the trimming necessary on two scenic roads. He explained that he is the Arborist for Public Service of New Hampshire. PSNH is on a four-year cycle of maintenance. The last time Cheney Road was trimmed was in 2005. He explained that 80% of the trimming in Newbury this year is on scenic roads. The trimming specifications are to remove trees that are 4” in diameter or more or trees that are at least within 8 ft. to the side, 10 ft. below or 15 ft. above the power lines. These set back anticipate the average growth over four years and the bending of limbs in a winter storm so that the limbs do not make contact with the power lines. Large trees are removed on a case by case basis with consideration being given to dead and
diseased trees. All property owners are contacted prior to trimming and/or removing trees and their wishes are taken into consideration as much as possible.
Mr. Weiler stated that he would like to urge Mr. Crane to leave the trees looking decent and shaped so that they are not left looking like those on South Fruit Street in Concord.
Mr. Crane stated that they are conscientious and would keep Mr. Weiler’s comment in mind. He pointed out that Fruit Street was not part of PSNH’s territory and therefore PSNH was not responsible for that cutting/pruning. He informed the Board that scenic roads tend to have over twice the amount of outages as other roads. PSNH’s policy is to talk to the land owner, but sometimes results in trees that don’t look good especially on dirt roads because the land owner wants as much left as possible for screening and dust control. As long as the lines can be cleared, the land owner’s wishes will be honored.
Mr. Vannatta opened the hearing up to the public.
Robert VonEtte advised Mr. Crane that there are a couple of trees near his driveway on Cheney Road that need to be taken down because their root systems have been undermined and they are in danger of falling toward the road, taking the power lines with them.
Mr. Crane commented that he cannot make a determination if the trees will be taken down. He stated that he will advise Asplundi to contact Mr. VonEtte and evaluate that particular situation.
There being no further comment from the public, Mr. Vannatta closed the hearing to the public.
Ms. Freeman made a motion to approve the request by PSNH to cut and trim trees near the power lines on Cheney Road and Old Province Road. Mr. Geddes seconded the motion. All in favor.
Mr. Vannatta confirmed that the public hearing for cutting and trimming on Gillingham Drive will be on June 16, 2009 at 7:30 p.m.
Mr. Dezotel made a motion to adjourn. Ms. Freeman seconded the motion. All in favor. Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Linda Plunkett
Recording Secretary
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