Planning Board
January 3, 2012
Approved February 21, 2012
Members Present: Tom Vannatta, Chair; Bill Weiler, Bruce Healey, Russell Smith, Members; Alison Kinsman, Alternates; Rachel Ruppel, Advisor; Jim Powell, ex-officio member.
Mr. Vannatta called the meeting to order at 7:10 p.m.
Mr. Vannatta appointed Ms. Kinsman as a voting member for this meeting.
PUBLIC HEARING: Amendments to the Newbury Zoning Ordinance
Mr. Vannatta read into the record the following Public Notice:
Notice is hereby given that the Newbury Planning Board will conduct a public hearing on Tuesday, January 3, 2012 at 7:00 P.M. in the Newbury Town Office Building, Route 103, Newbury, N.H. to receive public input on amendments to the Newbury Zoning Ordinance proposed by the Planning Board. The proposed amendments to be discussed at this public hearing are summarized as follows:
- Amendment No. 1 proposes to amend ARTICLE 2.58 Road Frontage to clarify the definition of road frontage.
- Amendment No. 2 proposes to amend ARTICLE 4.5 Frontage Requirement (Business District) and ARTICLE 5.8 Frontage Requirement (Residential District) to clarify frontage requirements in the Business and Residential Districts.
- Amendment No. 3 proposes to amend ARTICLE II Definitions to add a definition for a bed and breakfast.
- Amendment No.4 proposes to amend ARTICLE 4.10 Accessory Apartments (Business District) and ARTICLE 5.7 Accessory Apartments (Residential District) to specify that per-diem rentals of accessory apartments are not permitted.
Mr. Vannatta opened the hearing to the public for comment. There was no comment from the public. Mr. Vannatta closed the public portion of the hearing and requested that the Board suspend deliberations until later in the meeting. The Board agreed.
Regional Planning Commission Legislation
Mr. Vannatta directed the Board’s attention to legislation currently before the House that calls for the removal of all nine (9) regional planning commissions in the state by 2013. Discussion followed.
CASE: Case 2011-015: Final Review Minor Subdivision – Richard Deschenes (603) 387-1196. Newell Road. Map/Lot 036-523-439.
Notice is hereby notified that the Planning Board will receive submission of an application for a Final Hearing for a Minor Subdivision from Richard Deschenes Jr., for property located on Newell Road, Newbury, NH, Tax Map 036-523-439 on Tuesday, January 3, 2012, 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.
Mr. Vannatta and Ms. Ruppel reviewed the application for completeness. The application was deemed complete and Mr. Vannatta called for a motion to vote.
Mr. Healey made a motion to accept the application as complete. Mr. Weiler seconded the motion.
Mr. Vannatta called for a Roll Call vote.
In Favor: Mr. Healey, Ms. Kinsman, Mr. Weiler, Mr. Smith, Mr. Powell, Mr. Vannatta
Opposed: None.
Mr. Deschenes presented to the Board. He said he purchased the property a couple of years ago. The property is a 6.8 acre lot with a house on it, located at 132 Newell Road. Mr. Deschenes said he wants to subdivide the lot and sell the lot containing the house. He intends to keep the vacant lot. He said there is a 75 foot right-of-way that belongs to an abutter, Christine Zotto, that allows for access to her property located at the back of the lot he is keeping. He added that one lot will be 3.31 acres and the other lot will be 3.01 acres. The combined road frontage for both lots is 693 feet.
Ms. Ruppel noted that the plan is missing the location of the property belonging to Carl & Mary Christiansen (Tax Map/Lot 035-622-100) and must be added to the final plan. Mr. Deschenes said he will do that.
There was extensive discussion regarding the Density Report resulting in corrections to the Report as submitted. The corrected Density Report indicated that there is sufficient developable land for two (2) lots. Mr. Vannatta noted that submission of a corrected Density Report would be a condition of approval.
There was discussion concerning the 75 foot ROW and whether it is actually an access easement instead of a ROW. It was determined that the 75 foot ROW indicated on the plan is an access easement only.
Mr. Powell asked the applicant how much he has spent to date regarding his application. Mr. Deschenes said he has spent $4500 to $5000 dollars.
There being no further discussion from the Board, Mr. Vannatta opened the hearing to the public for comment. There being no public present, Mr. Vannatta closed the public portion of the meeting.
Mr. Vannatta called for a motion to vote.
Ms. Kinsman made a motion to approve the Minor Subdivision application as presented with the following conditions:
- That the Density Report be corrected and re-submitted.
- That the plat be corrected to include the property location of Carl & Mary Christiansen Newbury Tax Map/Lot 035-662-100, abutter.
Mr. Healey seconded the motion.
Mr. Vannatta called for a Roll Call vote.
In Favor: Ms. Kinsman, Mr. Weiler, Mr. Healey, Mr. Smith, Mr. Powell, Mr. Vannatta
Opposed: None.
Mr. Vannatta advised the applicant that any party directly affected by this decision may appeal to the proper Board or Court within thirty (30) days of this decision.
Continued…..
PUBLIC HEARING: Amendments to the Newbury Zoning Ordinance
Mr. Vannatta reopened the Public Hearing and called for questions/discussion from the Board.
There being no further questions/discussion from the Board, Mr. Vannatta opened the hearing to the public for comments.
There being no public present, Mr. Vannatta closed the public portion of the hearing and the Board went into deliberations. Mr. Powell questioned why changes were proposed to the definition of road frontage. Mr. Weiler said it is a housekeeping change designed to achieve consistency in the definition. Ms. Ruppel added that the definition of B&B was being modified for the same reason. There was further discussion of same.
There being no further discussion from the Board, Mr. Vannatta called for a motion to vote.
Mr. Weiler made a motion that all the articles be sent to the ballot. Mr. Healey seconded the motion.
Mr. Vannatta called for a Roll Call vote.
In Favor: Mr. Weiler, Ms. Kinsman, Mr. Healey, Mr. Smith, Mr. Powell, Mr. Vannatta
Opposed: None.
Mr. Vannatta said the approved amendments to the Articles will be sent to the Town Clerk for inclusion on the ballot.
ADMINISTRATIVE BUSINESS
Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC) 2012 Contract
The Board reviewed the UVLSRPC 2012 Contract for the advisory services of Rachel Ruppel.
Mr. Weiler made a motion that the Planning board chair be authorized to approve the contract with UVLSRPC as agreed upon on January 3, 2012. Mr. Smith seconded the motion.
Mr. Vannatta called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Powell, Mr. Healey, Ms. Kinsman, Mr. Weiler, Mr. Vannatta
Opposed: None.
Minutes
The Board reviewed the minutes of December 6, 2011 and made no corrections. Mr. Weiler made a motion to approve the minutes as presented. Mr. Healey seconded the motion. All in favor.
CAP/HUD Low Income Elderly Housing Project
Mr. Powell noted that the court action brought by the residents of Newbury Heights Road regarding the CAP/HUD Low Income Elderly Housing project is still in process. Mr. Vannatta acknowledged that the Board has been aware of this and that the court action has to do with the Zoning Board of Adjustment’s (ZBA) decision to grant two variances for the project. Mr. Weiler added that the Planning Board acted on the advice of Town counsel to proceed with the Site Plan Review application process.
Mr. Vannatta noted that he received a letter on December 21, 2011 regarding the CAP/HUD Low Income Elderly Housing project, adding that the letter arrived one day after the Board’s vote on the application and, therefore, could not be included in the Board’s consideration or in the meeting minutes. He added that he will respond in writing to the concerned party.
Mr. Weiler made a motion to adjourn. Mr. Smith seconded the motion. All in favor.
Meeting adjourned at 8:04 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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