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Planning Board Minutes 11/02/10
Planning Board
November 2, 2010
Approved December 7, 2010

Members Present:  Tom Vannatta, Chair; Bill Weiler, Bruce Healey, Travis Dezotell, Members; Ron Williams, Alison Kinsman, Russell Smith, Alternates; Ken McWilliams, Advisor; Jim Powell, ex-officio member.

Mr. Vannatta called the meeting to order at 7:00 p.m.

ADMINISTRATIVE BUSINESS

Minutes
The Board reviewed the minutes of September 21, 2010 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Healey seconded the motion. All in favor.

The Board reviewed the minutes of October 5, 2010 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Dezotell seconded the motion. All in favor.

Mr. Vannatta noted that the Board has not voted on amending the Rules of Procedure to include the use of a voice vote only for administrative matters. He asked the Board for a consensus on using a voice vote for this evening’s administrative agenda items. The Board agreed.

Ken McWilliams Resignation
Mr. Vannatta reviewed the October 26, 2010 letter of resignation received from Ken McWilliams and congratulated Mr. McWilliams on his new position as a full-time Town Planner in Alton, NH. Mr. Vannatta and the Board expressed their gratitude for Mr. McWilliams’ contribution over the past 22 years and added that his departure felt like losing a family member.

Mr. Vannatta said he contacted Christine Walker at the Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC) regarding a replacement for Mr. McWilliams and Mr. Vannatta reviewed the process involved in interviewing for a replacement. General discussion followed regarding the qualifications needed for the prospective job candidates. Mr. Weiler offered to assist with the interviewing process.  

Zoning Ordinance Draft Amendments
The Board reviewed the draft zoning ordinance amendments for Article II Definitions, Forest Management Plan, Article 18.4 Forestry, Article 16.7 Variance criteria, and adding a definition for Lot of Record to Article II Definitions.

Mr. McWilliams reviewed the definition for Lot of Record, specifically when a road bisects a lot. He read the following suggested draft amendment prepared by Mr. Weiler: “When a lot of record is crossed by a public road, the existence of the road shall not create any new lots. Subdivision of the lot of record shall be governed by the Newbury Land Subdivision Control Regulations.”

There was general discussion regarding the above. Mr. Vannatta suggested that the Board review this and the other draft amendments in preparation for further discussion at the December 7, 2010 work session meeting.

Mr. Powell presented draft amendments to Article XIV Signs for the Board’s review. Mr. Williams asked if window signs (Section 14.2 Definitions and Interpretations), pertain to translucent panels. Discussion followed. Mr. Healey suggested adding “or translucent material” to the draft.

Mr. Vannatta said the draft is comprehensive and commended the Sign Committee – Mr. Powell, Mr. Healey and Mr. Geddes – in its thoroughness and dedication to detail when researching and preparing the draft amendment.

There was discussion about the various definitions of signs. Mr. Williams suggested adding “within one week of the sale closing” to Section 14.9 Off-Premises Real Estate Signs. Mr. Powell agreed.

There was discussion regarding table headings and the criteria used to determine sign size. Mr. McWilliams suggested including a footnote on the first line in each table to clarify what is covered under the sign size criteria. Mr. Powell agreed.

Mr. Dezotell asked if signs in current use fall under the new ordinance language. Mr. Healey referred to Section 14.13 Existing Signs, Permits and Terms. Mr. Powell noted that existing signs remain as is but if the owner wants to modify or change his/her sign, the amended regulations would apply. He added that the draft amendment was reviewed by the Code Enforcement Officer.

There was further discussion about sign types, sign districts and sign uses in the table headings, definitions for business signs and commercial signs, sign maintenance, enforcement, and non-conforming signs.

Mr. McWilliams asked about the next step in the process of developing the draft of the amendment and encouraged the committee to return to the business community to ask for their input at this point. Mr. Healey raised the concern that the current document may be too time consuming for business owners to review.

Mr. McWilliams encouraged the committee to reconnect with the business owners before the public hearing on the amendments to ensure that every effort has been made to include business owners in the preparation of the amendment.

Mr. Powell indicated that the committee can meet with a percentage of the Town’s businesses as a follow up and send a copy of the draft with a copy of the public notice of the hearing.

Rules of Procedure Amendment
Mr. Vannatta reviewed the Rules of Procedure amendment pertaining to Roll Call voting. Mr. Weiler said he will make a proposal concerning Roll Call voting for hearings and a voice call vote for all other administrative matters. The topic was tabled until the next work session meeting.

Capital Improvements Program 2011 – 2016 (CIP)
Mr. Vannatta reviewed the letter presented by Ivor Freeman, Chair of the CIP Committee, on October 19, 2010 at the CIP Report presentation, noting that it was a document that the Board did not have an opportunity to review prior to the presentation. The letter referenced that Table 2 and the balance of the report were outside the projection of Capital Improvements and relate to the work of the Budget Committee and the Board of Selectmen.

Mr. Vannatta asked the Board if discussion of the content of the letter would be helpful in  preparation for next year’s CIP Report process. The Board agreed to table the discussion until a later date.

Wild Goose Boat Launch Testimony
Mr. Vannatta informed the Board that he testified before the Wetlands Council a week ago regarding the proposed Wild Goose Boat Launch project. He appeared as the representative from the Planning Board. He described for the Council the Board’s concerns regarding how the project fits into the planning regulations and zoning ordinances of the Town.  

Mr. Vannatta noted that the hearing focused on the Wetlands Permit that was issued by DES along with the safety concerns connected with the proposed project. Mr. Powell added that, per the RSAs, local laws must be observed by state agencies and added that the proposed project is an important issue for the Town. Mr. Vannatta said the hearing is continuing.

CAP/Elderly Housing Proposal
Mr. Vannatta reviewed the process involved in sending the CAP/Elderly Housing applicant to the Zoning Board of Adjustment (ZBA) to apply for requested variances(October 19, 2010 Planning Board meeting). Per the ZBA Chair, an administrative denial from the Planning Board is needed before the ZBA may hear an applicant’s application.

Mr. Vannatta said that town counsel recommended that the Board rescind its original motion and make a new one that denies the applicant’s submitted plans because the plans do not conform to the Newbury Zoning Ordinance. This motion of denial will allow the applicant to apply for variance relief from Steep Slopes, Wetlands, and Density. Mr. Vannatta said the applicant is in agreement with the proposed process.

ADDITIONAL BUSINESS
Mr. Vannatta reminded the Board of the upcoming Office of Energy and Planning Conference on November 13, 2010, adding that the deadline for registering is November 5, 2010.

Mr. Vannatta reviewed several suggestions submitted by the public. Suggestions included having the Board members and alternates introduce themselves at each meeting, posting a meeting agenda and repositioning the meeting tables so the public can see and hear the Board more clearly. Mr. Vannatta said Board members and alternates may introduce themselves and/or name placards may be provided. He said meeting agendas are posted on the meeting door as standard operating procedure. The Board suggested rearranging the meeting table to allow for better public access.

There was further discussion concerning producing a project book for public viewing for the CAP/Elderly Housing application.
Mr. Vannatta informed the Board of the upcoming “How to Make Your Town Farm Friendly Workshop” on November 18, 2010 and a request from the Lake Sunapee Watershed Infrastructure Project to schedule a presentation of its findings to the Planning Board. The Board agreed that a presentation at the February 2011 work session would be possible. Mr. Vannatta suggested that additional invitees should include the Board of Selectmen and a representative from the Conservation Commission.

Mr. Dezotell made a motion to adjourn. Mr. Weiler seconded the motion. All in favor. Meeting adjourned at 9:08 p.m.

Respectfully submitted,

Meg Whittemore
Recording Secretary