Planning Board
November 1, 2011
Approved December 6, 2011
Members Present: Tom Vannatta, Chair; Bill Weiler, Bruce Healey, Russell Smith, Members; Alison Kinsman, Alternate; Rachel Ruppel, Advisor.
Mr. Annatto called the meeting to order at 7:02 p.m.
Mr. Vannatta appointed Ms. Kinsman as a voting member for this meeting.
ADMINISTRATIVE BUSINESS
Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC) Workshop
Mr. Vannatta and Mr. Healey reported on their attendance at the UVLSRPC Workshop on October 29, 2011. Seminar topics included legal updates, master plan guidance, site plan review procedures and traffic impact study information, among others. Ms. Ruppel said the workshop had about 40 attendees and future workshop plans include partnering with other regional planning commissions.
Upcoming Meeting
Mr. Vannatta noted that the Board meeting on November 15, 2011 will include a Board vote on the HUD/CAP Newbury Elderly Housing Final Site Plan Review application. He said Lou Caron, consulting engineer, will give his final report on the steep slope question. Ms. Ruppel said any decision made by the Board should include the rationale for said decision along with a finding of facts.
Minutes
The Board reviewed the minutes of September 20, 2011 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Smith seconded the motion. All in favor.
CASE: Case 2011-015: Final Review Lot Line Adjustment- Great Island Realty Trust/ agent: Tom Hoffmeister (508) 631-6604. 29 Great Island. Map/Lot 16-761-212 & 16-785-174
Notice is hereby given that the Planning Board will receive submission of an application for a Final Hearing for a Lot Line Adjustment from Great Island Realty Trust, for property located at 29 Great Island, Newbury, NH, Tax Map 016-761-212 and 016-785-174 on Tuesday, November 1, 2011, at 7:15 p.m. in the Town Office Building at 937 Route 103 in Newbury, NH. If the application is accepted as complete, a public hearing on the application will commence at the same meeting.
Tom Hoffmeister, applicant, and Tom Dombrowski, surveyor/agent, were present.
The application was reviewed for completeness. It was noted that the plans needed a box indicating the amount of acreage before the lot line adjustment and after.
Mr. Weiler made a motion to accept the application as complete with the condition that the lot size box is included on the mylar. Mr. Smith seconded the motion.
Mr. Vannatta called for a Roll Call vote.
In Favor: Mr. Weiler, Mr. Healey, Mr. Smith, Ms. Kinsman, Mr. Vannatta
Opposed: None
Mr. Dombrowski presented to the Board. He said the property is currently two separate lots and the goal of the lot line adjustment is to make one of the two lots less non-conforming. The lot on the south side would be increased to one acre which would make it more build-able.
There was discussion about whether the town monument was on the property line. The applicant and the Board agreed that it wasn’t.
There being no further questions from the Board, Mr. Vannatta opened the hearing to the public.
Douglas Gest, 27 Great Island, Newbury, said he is an abutter and asked that the survey show the correct boundaries. He read into the record his letter of October 18, 2011 which was sent to the Board:
After reviewing the application of Great Island Realty Trust for a boundary line adjustment for property located at 29 Great Island, we find fault with the survey presented with the application. The survey erroneously shows that Great Island Realty Trust owns a small triangular parcel located behind our lot at 27 Great Island. This parcel was sold by the town in a tax sale on June 2, 1997 to Lawrence and Pamela Crook and the deed was recorded in Volume 2058 page 1205. The lot is described as 0.24 acres on Great Island tax map and lot number 16-765-174. We purchased this property from the Crooks in May 2009; the deeds were recorded at that time. We ask that the Board determine that the application by Great Island Realty Trust is not correct or complete as presented. We ask that the survey and application be corrected to
show the proper boundaries as reflected in town records. We also wish to acknowledge that we have no objection with the intent to create a larger lot with the requested boundary line adjustment, only that it not include property that we own. We want to be clear about our ownership of this lot and ask that the town clarify and defend our title to this lot by ensuring that the survey presented be corrected.
Mr. Hoffmeister said when he bought his property he was never notified about a tax lien.
Mr. Healey noted that both the applicant and the abutter contend that they own this triangular piece of property. Mr. Hoffmeister said Mr. Dombrowski surveyed the property using all available information on record and concluded that it belongs to Great Island Realty Trust.
There was discussion about the deed history of the property, the intent of the deeds and who actually owns the small piece of property in question.
Mr. Weiler said this is a civil matter between Great Island Realty Trust and Mr. Gest and, as such, it does not fall under the jurisdiction of the Planning Board.
Ms. Ruppel suggested that the board consult with Town Counsel concerning how to proceed. She added that the application could be continued to November 15, 2011.
There being no further comment from the public, Mr. Vannatta closed the public portion of the hearing.
Mr. Vannatta called for a motion to vote.
Mr. Weiler made a motion to continue the hearing until November 15, 2011 at 7:00 p.m. Mr. Healey seconded the motion. All in favor.
Mr. Hoffmeister said he and Mr. Dombrowski will not be able to attend the meeting on November 15, 2011. Mr. Vannatta said if that is the case, then the hearing will be continued to another meeting if necessary.
Mr. Hoffmeister questioned the need for another survey. Ms. Ruppel said the Planning Board relies on the surveyor to provide accurate information and it is in the best interest of the town and the Registry of Deeds to have that information be as correct as possible. She added that the boundary dispute that has been raised requires additional guidance from Town Counsel before the Board can comfortably move forward on the application review.
Mr. Vannatta called for a break at 8:15 p.m.
The meeting resumed at 8:21 p.m.
CASE: Case 2011-016: Final Site Plan Review- Davis 2000 Revocable Trust (Clark & Evelyn Davis) 603-456-3474. 885 Route 103. Map/Lot 020-041-134
Notice is hereby given that the Planning Board will receive submission of an Application for a Site Plan Review from Davis 2000 Revocable Trust, for property located at 885 Route 103, Newbury, NH, Tax Map 020-041-134 on Tuesday, November 1, 2011, at 7:45 p.m. in the Town Office Building at 937 Route 103 in Newbury, NH. If the application is accepted as complete, a public hearing on the application will commence at the same meeting.
The application was reviewed for completeness. It was noted that the application was missing details on the structure, drainage calculations and a landscaping plan.
There was discussion about the pre-existing structure and the existing drainage. Further discussion included whether additional drainage calculations are needed since there will be no new construction on the site.
Mr. Weiler made a motion to accept the application as complete with the condition that the required elevations are waived and photos of the existing structure are provided. Mr. Smith seconded the motion.
Mr. Vannatta called for a Roll Call vote.
In Favor: Mr. Healey, Mr. Smith, Ms. Kinsman, Mr. Weiler, Mr. Vannatta
Opposed: None
Clark Davis and Hayley Cummings presented to the Board.
Ms. Cummings said she intends to run a tanning salon at this location. There will be three pieces of equipment, in three separate rooms. She said there will be a 2’x6’ sign on the west side of the house. Hours of operation are 10:00 a.m. – 8:00 p.m. seven days per week, depending on client demand. She is the sole owner/manager/employee and has no intention of expanding beyond the current structure size. There are six parking spaces on site plus two more in the adjacent garage.
Mr. Davis added that the parking area is designed to provide ample turnaround radius to avoid the necessity of backing out onto Route 103. He said the utilities include 200 amp electric and the on-site propane tank will be placed on a concrete pad and moved to the exterior rear of the relocated garage, per the Fire Chief’s recommendation.
Mr. Davis asked about the required elevations. Mr. Vannatta said elevations are needed for the garage and the existing building. Ms. Ruppel said the elevations may be 5”x7” photos of all four sides of the building and garage since both structures are pre-existing.
Ms. Cummings said all landscaping is pre-existing. Mr. Davis said the installation of filtration ditches will be the biggest disturbance to the terrain.
There being no further questions from the board, Mr. Vannatta opened the hearing to the public.
There being no public present, Mr. Vannatta closed the public portion of the meeting.
Ms. Ruppel noted that the current plan shows the hours of operation as 10:00 a.m. to 8:00 p.m. Monday through Saturday and 12-noon to 5:00 p.m. on Sunday. She said if Ms. Cummings intends to expand the hours of operation she should indicate that on the plans. Ms. Cummings said the operating hours may change depending on the client demand.
There was further discussion regarding the hours of operation.
Mr. Healey said a sign permit is required from the Code Enforcement Officer.
Mr. Davis asked if a permit was needed to move the garage to the rear of the property. Mr. Vannatta said the Code Enforcement Officer would determine that.
Mr. Vannatta called for a motion to vote.
Mr. Weiler made a motion to approve the application with the conditions that photos or drawings of the house and garage be provided and the site plan be redrawn to show the new location of the propane tank. Mr. Healey seconded the motion.
Mr. Vannatta called for a Roll Call vote.
In Favor: Mr. Healey, Mr. Smith, Ms. Kinsman, Mr. Weiler, Mr. Vannatta
Opposed: None
Mr. Vannatta told the applicant that there is a 30-day appeal period during which interested parties may appeal the Board’s decision.
ADDITIONAL BUSINESS
Upcoming Meetings
Mr. Vannatta reviewed the goals of upcoming meetings, noting that ordinance amendments will be discussed at the meeting on December 6, 2011. Additionally, the cost analysis for application fees will also be discussed at that meeting.
Minutes
The Board reviewed the minutes of October 4, 2011 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Healey seconded the motion. All in favor.
Capital Improvements Program (CIP) 2012-2017
The Board signed the final CIP 2012-2017.
Ms. Kinsman made a motion to adjourn. Mr. Smith seconded the motion. All in favor.
Meeting adjourned at 9:05 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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