Planning Board
October 6, 2009
Approved February 2, 2010
Members Present: Tom Vannatta, Chair; Barbara Freeman, Vice-Chair; Deane Geddes; Bruce Healey; Bill Weiler; Ken McWilliams, Advisor; Jim Powell, ex-officio member.
Mr. Vannatta called the meeting to order at 7:00 p.m. and requested that the Board review the minutes of September 1, 2009 later in the meeting. The Board concurred.
CAPITAL IMPROVEMENTS PROGRAM REPORT: 2010 – 2015 (CIP)
The CIP Committee includes Mr. Ivor Freeman, Chair; Tom Vannatta, Ron Williams, Jim Powell, Ray Spahl, Dennis Pavlicek, and Ken McWilliams. Mr. Freeman and Mr. Spahl were in attendance to report to the Board.
Mr. Freeman presented the draft of the CIP Report: 2010 – 2015 to the Board for their consideration and adoption. He highlighted the following recommendations:
- An increase in the Docks Expendable Trust Fund from $8,000 to $12,000 a year for the repair and replacement of the Town docks;
- A 10-year bond for $340,000 to improve the Veteran’s Hall for use by the Library’s Young Adult Program and as additional meeting space for Town boards and community groups;
- An increase from $45,000 to $55,000 for the Fire Equipment Replacement Program to pay for the replacement of the 1990 Spartan FMC Pumper in 2020 with a Quint Ladder/Pumper;
- $20,000 for an architectural/engineering study for the Safety Services Facility for completion in 2011 instead of 2009;
- A decrease in the Road Construction Program from $300,000 to $250,000 per year, allowing the Board of Selectmen the flexibility to identify priorities for road construction projects;
- $7,000 for the acquisition in 2010 by the Library for new computer software that will be compatible with the state library system;
- An increase to $5,000 for the Recreation Facilities Capital Reserve Fund; and,
- A rejection of the bikeways proposal along Routes 103 and 103A as outlined in the Master Plan, and a recommendation that the Town contact the NH Department of Transportation to include the bikeways proposal in the state plans as an urgent safety matter.
Mr. Freeman outlined capital improvement projects that were deferred until “sometime in the future.” The deferred projects include:
- An expanded Library facility;
- A study (as outlined in the Master Plan) of the potential for providing public water and/or sewer services for the shore land areas of Lake Sunapee;
- A study (as outlined in the Master Plan) of the feasibility of providing sewer collection and treatment service to Newbury Center and South Newbury.
Mr. Freeman noted that the tax rate, including all of the capital allowances, goes from 2.84 in 2010 to 2.67 in 2015, and is dependent on the anticipated increase in tax revenues and expenditures.
Mr. Freeman added that Table 7 – Inventory of Town Capital Expenditures includes a number of items that the CIP projections do not cover. He said that he and Dennis Pavlicek agree that next year’s submission should reflect the missing items.
Mr. Vannatta commended Mr. McWilliams for his comprehensive work on the report.
Mr. Weiler made a motion to accept and approve the Capital Improvements Program Report: 2010 - 2015. Mr. Geddes seconded the motion. All in favor.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of September 1, 2009 and made corrections.
Ms. Freeman made a motion to approve the minutes of September 1, 2009 as corrected. Mr. Healey seconded the motion. All in favor.
COMMITTEE REPORT: Workforce Housing
Mr. Dezotell was unable to attend the meeting and present an update on the Workforce Housing committee’s progress. There was general discussion among the Board members concerning the topic of workforce housing.
Mr. Weiler said he researched the number of properties containing houses in Newbury and came up with the following information:
- There are 267 properties (with houses) with valuations of less than $175,000;
- There are 771 properties (with houses) with valuations of less than $275,000; and,
- There are a total of 1,471 properties (with houses) in Newbury.
Ms. Freeman questioned whether properties valued at $275,000 should be considered workers’ housing. Mr. Weiler said that perhaps the figure $175,000 better reflected workers’ housing.
Mr. McWilliams said that the PB needed to have an ordinance finalized in writing by December 2009 in order to have a Public Hearing in January 2010 if they wanted a ballot vote at the 2010 Town Meeting.
Mr. Weiler asked if the Board was required to have an ordinance in place this year.
Mr. McWilliams said the state legislation requires that each town is expected to have their ordinances in place or at least noticed [Public Notice] by January 1, 2010.
Ms. Freeman asked if there was a model ordinance already developed. Mr. McWilliams said, no, not that he was aware of.
Mr. Weiler raised the point that there isn’t enough information available to determine if the Town even needs workforce housing.
Mr. McWilliams said the law that was passed stated that if the current housing is sufficient to provide for the workforce housing needs (as defined in the legislation) then an ordinance is not needed. The challenge is determining if the Town is exempt from the ordinance requirements. He said that the Regional Planning Commission has not collected specific data on housing in the past few years so there are no numbers to use to support an exemption.
Mr. McWilliams said there are a number of other towns that are finding themselves challenged by the scope of the ordinance requirements and how to proceed.
Mr. Weiler made a motion to postpone developing a Workforce Housing Ordinance until next year. Ms. Freeman seconded the motion. All in favor.
Conceptual Hearing for adding a fueling facility to the Rosewood General Store (Map/Lot 007-338-000)
There was no one present to represent the above.
CASE: Case 2004 – 006: Angel Hawk LLC Subdivision Limited Revocation – Public Hearing to Consider Reinstatement
Mr. Vannatta reviewed the timeline surrounding Angel Hawk LLC Subdivision:
- In August 2009 the Board moved to revoke Angel Hawk for certain terms, considering the on-site and off-site work improvements, and that no building permits would be issued;
- Subsequently, Bart Mayer, Town counsel, worked out an agreement with the property deed holders;
- The Board discussed the above agreement at the September 15, 2009 meeting and gave Mr. Vannatta permission to sign the agreement on the Board’s behalf; and,
- Mr. Mayer requests that the Board move to approve the agreement.
Notice is hereby given that the Newbury Planning Board will conduct a public hearing on October 6, 2009, at 7:30 p.m. to consider the reinstatement of the Angel Hawk subdivision approval on lots 4, 6, 7, 8, 10, 11, and 12 from the limited purpose of prohibiting the issuance of building permits until such time as provisions are made to secure the required road improvements. This public hearing will take place at the Newbury Town Offices, 937 Route 103, Newbury, NH.
Mr. Powell made a motion to begin the Public Hearing to reconsider the revocation of the Angel Hawk Subdivision. Mr. Weiler seconded the motion. All in favor.
Ms. Freeman said that the Board should have in hand a letter of credit or a bond, or the required work completed before agreeing to reinstate the sales of lots.
Mr. Vannatta suggested that the Board consider reinstatement with the condition that reinstatement would take place following the completion of the work and meet the approval of the Highway Administrator.
Ms. Freeman asked how the motion is any different than what is already standing.
Mr. Vannatta said it is a matter of timing. The reinstatement does not take effect until the road is complete to the satisfaction of Cal Prussman, Highway Administrator, and it meets Town road standards.
Mr. Weiler sought clarification by asking if the only revocation outstanding is the revocation pertaining to building permits. Mr. Vannatta and Ms. Freeman said yes. Mr. Weiler continued, saying that this reinstatement means that the Board will not pursue off-site improvements and will consider the project done, with all conditions met.
There being no further discussion among the Board, Mr. Vannatta opened the hearing to the public.
Christine Nelson of Nelson Hill Road, Sutton, NH, stated that she is an abutter to the Angel Hawk Subdivision. She stated that Nelson Hill Road should be fixed before the Board agrees to reinstate. Mr. Powell said that Nelson Hill Road is not part of this agreement, stating that repairs to Nelson Hill Road are off-site improvements which are not part of the agreement. He stated that Chapin Road will be completed to Town specifications and the designated lots may then be built. Ms. Nelson clarified, stating then, that nothing will be done to the road where ancient trees were demolished and stone walls were removed with the promise of rebuilding them. Mr. Powell said that was not part of this agreement.
Mr. Ivor Freeman asked the Board if their approval is conditional upon the on-site improvements being completed. Mr. Powell said the conditions are stated in the motion and in Exhibit A.
Mr. Williams stated that, as a point of information, a drainage ditch was filled in properly and inspected by the Highway Administrator.
There being no further questions or comments from the public, Mr. Vannatta closed this portion of the hearing to the public.
There being no further discussion among the Board, Mr. Vannatta called for a motion.
Mr. Powell made a motion that the Planning Board reinstate the subdivision approval for Angel Hawk subject to completion of the on-site improvements and verified by the Board of Selectmen and the Highway Administrator as listed in Exhibit A. Mr. Healey seconded the motion. All in favor.
Mr. Vannatta said the property owners were eager to do something with their lots and Mr. Geddes said there is going to be a mortgagee sale – or auction – noting that two of the lots have been substantially reduced in price to less than half of the original sale price.
COMMITTEE REPORT: Sign Ordinance
Mr. Healy reported to the Board that the committee is working with the 17-page model ordinance as a guideline and still has a lot of work to do before presenting a final report to the Board for consideration.
The committee members have met with the businesses in town and plan to meet with them again to ensure all issues, problems, and possibilities are discussed and understood.
Mr. Powell said that the committee members understand the issues and problems facing the business owners and have an idea of what the businesses would like to see happen. However, to incorporate the research into usable information will take some time and he believes that an ordinance will not be ready before next year. Meeting the November 30, 2009 deadline for a draft does not appear to be realistic.
Mr. Healey said the model ordinance is elaborately cross-referenced and can be time consuming. However, he is encouraged and is looking forward to producing an ordinance that will be helpful to business owners while fulfilling the Town’s needs.
Mr. Powell said one of the issues is temporary signs and how to deal with them. He said the committee suggests two permanent signs, with one being removable. He added that there are many variables to each sign, such as the size of each side, placement at or on the business building, etc.
Mr. Healey said that, overall, the committee has found that there are many aspects to signage that need to be considered before a draft ordinance can be prepared for Board consideration.
Mr. Vannatta raised the concern that not meeting the request for a sign ordinance would be an issue for the Board of Selectmen. Mr. Powell said the Selectmen understand that work is progressing and business owners are encouraged that the Town will address the issue.
Mr. Powell said it’s preferable to take the time to fully explore the issues with signage and end up with a solid ordinance as an end product.
Ms. Freeman suggested using the Town’s existing sign ordinance as a starting point and overlay the model ordinance to see where it is applicable to the Town. Mr. Powell said that was how the committee started and found that more detail was needed. After consulting the model ordinance, the committee discovered the need for more intensive research.
Mr. Healey agreed, saying the ordinance should address not just current issues but also issues that could arise in the future. Even though the Town currently has two categories of sign issues – free-standing and temporary – he said there are a lot of definitions for those two categories (flags, banners, etc.).
Mr. Healey said the committee identified three sign categories – or zones – included in the model ordinance and applied them to the Town, namely residential, business, and institutional signs. Within each category are subsets of descriptions and Mr. Healey said the model ordinance provides lots of definitive information that the committee will include in its final determinations.
Mr. Geddes said the initial objective was to provide business owners with a four- to five-page document that would be user-friendly but it became clear that it wasn’t possible.
Ms. Freeman said that the end result may be a larger ordinance that would be distributed separately from the Town’s existing ordinance and referenced in the zoning ordinance.
Mr. Vannatta thanked the committee for its hard work and suggested that it give the Board a progress report at the November 3, 2009 meeting.
ZBA FOLLOWUP
Mr. Vannatta reviewed the concerns raised by Katheryn Holmes, Chair, ZBA, the PB’s meeting on September 15, 2009, specifically, the drawings used as examples for the applicant. It was concluded among the Board that the ZBA might consider modifying the application guidelines to better help the applicant understand the scope of drawings needed.
ADDITIONAL BUSINESS
Mr. Vannatta introduced Alison Kinsman to the Board regarding her interest in a position as Alternate for the Board. Ms. Kinsman, a native of Newbury, is a clinical social worker with an extensive background in community programs and departments.
Mr. Vannatta reviewed the criteria concerning selection of Alternates: they are appointed by the Board; Alternates serve a three-year term once the appointment occurs; they are expected to be at all meetings; and, may be appointed as voting members by the PB Chair if there isn’t a full board (seven members) present.
Mr. Vannatta suggested that Ms. Kinsman obtain copies of the PB Ordinances, Rules & Procedures, Subdivision Regulations, and Site Plan Review. Additionally, Mr. Weiler invited Ms. Kinsman to contact him with any questions.
Ms. Freeman made a motion to appoint Alison Kinsman as Alternate to the Planning Board. Mr. Weiler seconded the motion. All in favor.
Mr. Weiler made a motion to adjourn. Mr. Powell seconded the motion. All in favor.
Meeting adjourned at 8:20 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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