Planning Board
March 20, 2012
Approved April 17, 2012
Members Present: Ron Williams, Vice-Chair; Bill Weiler, Travis Dezotell, Russell Smith, Members; Deane Geddes, Alternate; Rachel Ruppel, Advisor; Jim Powell, ex-officio member.
Mr. Williams chaired the meeting in Mr. Vannatta’s absence.
Mr. Williams called the meeting to order at 7:03 p.m.
Mr. Williams appointed Mr. Geddes as a voting member for this meeting.
ADMINISTRATIVE BUSINESS
CAP/Newbury Elderly Housing Extension Request Letter
Mr. Williams said CAP is requesting by letter a ninety (90) day extension for the following two Conditions Precedent for the site plan review application approval granted by the Board on December 20, 2011 for the following property: Newbury Tax Map 020-072-043 & 020-223-195. The two conditions are as follows:
Conditions Precedent:
- That the applicant secures all required permits, including but not limited to Alteration of Terrain and Wetlands, from the State of New Hampshire, within ninety (90) days of this approval.
- Requirement that the Town of Newbury’s legal counsel and the HUD legal counsel form an agreement regarding security to be posted for the development of the site in accordance with the Board’s approval within ninety (90) days of this approval.
Ralph Littlefield, executive director, Community Action Program Merrimack-Belknap Counties, Inc., said they are still waiting on the Wetlands permit which has been filed. He said the two permits on the sewage disposal system have been approved but are not yet in hand. The permit for the well drilling is still pending.
Mr. Littlefield said he has estimates on the site work and the off-site work for the bonds. He said his attempts to get HUD counsel and Town counsel to agree with one another did not progress very far. He said CAP proceeded to have the engineering team issue their estimates on site [gives written estimate document to Mr. Williams]. Mr. Littlefield said CAP will end up having two sets of bonds – two bonds on the on-site construction and two bonds on the off-site construction. He said there will be two for HUD and two for the town. He requested direction from the Board regarding the next step after the Board reviews the estimates and whether Lou Caron, engineering consultant for the town, will review the estimates as well.
Mr. Williams said it will probably depend on CAP receiving bids and making its selection from those bids. He said the Board will take the figure from CAP’s selected bid and meet with town counsel and come up with an amount plus a percentage to allow for changes. Mr. Williams requested that Mr. Littlefield keep the Board informed as these conditions are completed and to forward any documentation or confirmation of completion to the Planning Board. He added that the Board will be issuing a letter to CAP granting the extensions.
Ms. Ruppel raised a point of order that the Board should vote on granting the two extensions.
Mr. Williams called for a motion to vote.
Mr. Powell recused himself from the vote.
Mr. Weiler made a motion to approve the extension request for the amount of time needed for securing permits from the state and the extension request for the bond issue. Mr. Smith seconded the motion.
Mr. Williams called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Dezotell, Mr. Weiler, Mr. Williams
Opposed: None
CASE: Case 2012-003: Conceptual – Lot Line Adjustment/Annexation- Nester & Pellerin/ Agent: RCS Designs attn: Bob Stewart 938-2256. Map/Lot 031/615/009 & 031/640-002 & 032-476-448.
Robert Stewart, RCS Designs, agent, was present representing the applicants Jeffrey Nester and John & Julie Pellerin. Mr. Stewart said there the applicants want a lot line adjustment and a minor subdivision to create one new lot. He described the original two lots that are owned by the Nesters – one lot has a house on it (2.7 acres) and the other lot is undeveloped (3.0 acres). He said the Nesters want to increase the house lot from 2.7 acres to 3.63 acres and reconfigure the undeveloped lot from 3.0 acres to 2.99 acres. Mr. Stewart said the proposed subdivision would result in a new lot of 5.02 acres for the benefit of the Pellerins. The Pellerin parcel currently is 29 acres.
Mr. Stewart said the lot with the existing house has a septic system and the other two proposed lots have had test pits done for the state and the town. He indicated on the submitted plans the location of wetlands and wetland setbacks. He said each proposed lot has a minimum one acre building envelope and a minimum lot size of two acres.
He asked about density calculations, topo lines, soils report & map and sign off sheets.
The Board noted that he would need to submit two applications for individual consideration by the Board – one on the lot line adjustment affecting the three existing lots, and another application for the minor subdivision which affects one existing lot. The Board agreed that both applications could be applied for and presented concurrently.
Mr. Williams opened the meeting to the public for comment.
There being no comment from the public, Mr. Williams closed the public comment portion of the meeting.
Mr. Stewart thanked the Board for their time and guidance.
CASE: Case 2012-004: Site Plan Review- Ashworth-Hafer Trust/Agent: Susan Hankin-Birke 526-6955. Map/Lot 022-127-464
Notice is hereby given that the Planning Board will receive submission of an application
for Site Plan Review (Cottage Industry) from Ashworth-Hafer Trust for a doggie day
care at 195 Mountain Road, Tax Map 022-127-464, on Tuesday, March 20, 2012, at
7:30 p.m. in the Town Office Building at 937 Route103 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.
Mr. Weiler made a motion to accept the application as complete. Mr. Dezotell seconded the motion.
Mr. Williams called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Powell, Mr. Dezotell, Mr. Weiler, Mr. Williams
Opposed: None
Mr. Williams noted that the applicant received a Special Exception from the Zoning Board of Adjustment which Ms. Ruppel read into the record as follows: The Newbury Zoning Board of Adjustment (ZBA), at its meeting on Monday, October 17, 2011, after a properly noticed hearing, has voted to grant a Special Exception from the requirements of Paragraph 5.4.1 of the Newbury Zoning Ordinance to permit the following: a cottage industry to operate a doggie/cat daycare facility out of residence, at the property of Ashworth-Hafer Trust, 195 Mountain Road, Newbury, NH. In addition, the facility will be limited to a maximum of 16 dogs and eight (8) cats at any time.
Susan Hankin-Birke, Esq., agent, presented to the Board. She said this is a cottage industry to provide in-home daycare and overnight care of dogs and cats. Dog training will also be offered. The facility will not offer any type of kennel care with cages and fenced runs. The house is 3,290 square feet and 312 square feet will be utilized for the business. The garage is 1,900 square feet and the business will utilize 600 square feet for the puppy/dog training area. Construction of a fenced yard area behind the garage is proposed to allow outdoor access. The fenced area will be large enough to accommodate outside training activities such as recall and retrieving, play yard/socialization and agility training. The fence will be shielded from the road by a stockade fence to minimize distraction from pedestrians or passing
vehicles.
She said the outdoor training yard will have an exterior light mounted toward the northwest corner of the training area. Training classes will be scheduled on an as-requested basis and will have no more than six dogs and their owners per class. Each class will last one hour. Classes will be scheduled Monday – Friday 4:00 p.m. to 7:00 p.m. and on Saturday and Sunday 9:00 a.m. to 4:00 p.m.
Ms. Hankin-Birke said there will be no employees and the applicants do not anticipate any business traffic of truck deliveries. Also, there is no anticipation of any change in demand for utilities and there are no fire protection concerns present. Pet waste will be bagged and disposed of consistent with the standard as established within the state of New Hampshire and by more conventional animal shelters and dog kennels operating in New Hampshire. She said no additional parking will be needed. Currently, there is adequate parking for seven cars along the garage and side yard between the garage and the house. She added that another three cars could park on the grassy area along the opposite side of the house. Pick-up and drop-off for day care is short term parking (5-10 minutes) and can be handled at the front of the
house. The existing circular drive allows cars to pull through so there will be no need to back out onto Mountain Road.
Overnight care will be limited to no more than four dogs (not including the applicants’).All dogs will be fully supervised at all times. Dog day care will be offered Monday – Friday 7:30 a.m. to 5:30 p.m. Weekend day care will be offered in the winter from 9:00 a.m. to 5:00 p.m. Day care will be limited to no more than 10 dogs per day with the anticipated number ranging from three to five dogs daily. All day care, boarding and training is by reservation only and walk-ins are not accepted.
Ms. Hankin-Birke said cat overnight care will also be offered in the home with a maximum number of four to six cats.
Signage will be a permanent freestanding sign with a setback of five feet and will not take up more than six square feet with a height of five feet. The sign will be located behind the existing mailbox and will not be lighted. The sign will contain the following: Andrew Brook Tails, LLC, Pet Care Services, Overnight, Daycare & Training.
Ms. Hankin-Birke said the Ashworth/Hafer Trust cottage industry/doggie day care Zoning board of Adjustment (ZBA) hearing went smoothly – passed unanimously with no conditions. The special exception previously granted by the ZBA limited the number of cats and dogs on site, and the site plan conformed to those limits, so no problems there.
There being no further questions from the Board, Mr. Williams opened the public portion of the meeting.
Tim Therrien, 223 Mountain Road, Newbury, had a couple of questions. He said even though the site plan states that they don’t anticipate hiring any employees, or foresee any traffic resulting from truck deliveries, what happens if in the future they do hire employees and there is delivery truck traffic? He asked if the site plan application is approved tonight and if employees are hired and truck deliveries commence, will the applicants be allowed to do that?
Ms. Hankin-Birke said it is a fairly limited proposal that is in front of the Board. She said the proposal has been similarly limited by the terms of the special exception that has been granted by the ZBA and so it is not expected that there would be any employees at any point in time.
Mr. Therrien noted that saying “it is not expected” is not the same as saying there will never be any employees. He said he wanted to know if their business grows will there be more employees and traffic.
Mr. Weiler asked if the special exception was specific about employees. Ms. Ruppel said no. Ms. Hankin-Birke agreed, saying it was not.
Mr. Weiler said that since the applicant has made the statement that there will not be employees and the site plan is approved by the Board on that basis, then if the applicant wants employees in the future then the applicant should have to come back to the Board for approval of same.
Mr. Therrien asked if that is a definite requirement or something that should happen.
Mr. Weiler said that would be the regulatory approach if employees are brought into the business in the future.
Mr. Therrien commented that if the applicant doesn’t come back under the aforementioned circumstances then they haven’t broken any rules.
Mr. Weiler disagreed saying the applicant would be violating their site plan.
Mr. Therrien asked about the height of the stockade fence. Ms. Hankin-Birke said it is the standard five foot height.
Mr. Therrien referred to a statement in the executive summary about the Andrew Brook Trail being moved. Ms. Hankin-Birke said that is just what the applicants understand from going to some meetings about that topic and, in anticipation of that possibility, the application includes placing a stockade fence along that side of the property as well.
Barbara Freeman, 434 Old Post Road, Newbury, spoke in favor of the site plan. She said she uses the services of the applicant for her dog and the circular drive provides an easy sight line. She said the pet care is in a very residential setting, very low key and extremely beneficial to the dog and is nothing like a kennel. She said the entire business is always immaculate and always looks and feels very residential.
Bruce Hall, 111 Bay Point Road, Newbury, said he has used the services of Bonnie Hafer to help train a lab rescue dog that he adopted this summer. He said he used Ms. Hafer for sets of training for the lab and noted that she exhibited a great deal of love for the animal, had good humor and always had all the dogs in her care in loving control. He said the premises were always clean. He said the business and the applicants are great assets to the community.
Dory Shaw, 249 Gillingham Drive, Newbury, said she has used the services of Ms. Hafer and Ms. Ashworth and added that there is a regular need for quality dog care for people who are working full time. She said she has been using the applicants’ services for 1 ½ years and it is a high quality service. She said it is a pleasure to leave her dog at the applicants’ home and in their care. She said she is in full favor of the site plan and added that the facility is very clean and one of the best she has ever seen.
Bud Miller, Springfield, NH, said for 1 ½ years he has brought his dog to the applicants’ home for care once a week. He said his dog receives lots of care and attention from two conscientious and caring people in a home environment and that is a real asset.
Mr. Therrien said that living next door to the applicants’ house, he heard barking all day. He said if he was dropping off his dog somewhere else he wouldn’t care either, but living next door is a different matter.
Frank Williams, Brookside Road, Newbury, said he and his wife use Ms. Hafer and Ms. Ashworth for dog care and they come to their home to care for their dog. He said they are responsible and trustworthy.
Ms. Ruppel noted that five letters of support were received from the following individuals:
- Kerry Rochford Hague, Newport, NH
- Lori Corrette, Canaan, NH
- Linda Tanner, Georges Mills, NH
- Mike & Jeanine Bascom, Newbury, NH
- Abilgail W. Brown, Sunapee, NH
(Note: The complete contents of the submitted letters are contained in the Planning Board final minutes binder at the Town Office and available for review.)
There being no further comment from the public, Mr. Williams closed the public portion of the meeting.
There being no further questions from the Board, Mr. Williams called for a motion to vote.
Mr. Weiler made a motion to approve the application as presented. Mr. Smith seconded the motion.
Mr. Williams called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Powell, Mr. Dezotell, Mr. Weiler, Mr. Williams
Opposed: None
Mr. Williams informed Ms. Hankin-Birke that any party directly affected by this decision may appeal to the proper Board within thirty (30) days of this decision
Mr. Williams called for a break at 8:00 p.m.
The meeting resumed at 8:10 p.m.
CASE: Case 2012-001: Final- Site Plan Review- DRED/Agent: Mount Sunapee Resort- attn: Jay Gamble 763-3500. Map/Lot 13-386-092-000A
Notice is hereby given that the Planning Board will receive submission of an Application for a Final Site Plan Review from the Department of Resources & Economic Development/agent: Mount Sunapee Resort, for property located on Route 103, Newbury, NH, Tax Map 013-386-092-000A on Tuesday, March 20, 2012, at 8:00 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 two sign-off sheets were not submitted with the application – sign-off sheets from the conservation commission and from the Fire Department. The Board agreed to proceed with the application.
Mr. Weiler made a motion to accept the application as complete. Mr. Dezotell seconded the motion.
Mr. Williams called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Powell, Mr. Dezotell, Mr. Weiler, Mr. Williams
Opposed: None
Jay Gamble, vice president and general manager, Mt. Sunapee Resort, agent, presented to the Board. He thanked the Board for their time noting this was the third meeting on this application – conceptual, preliminary and now final. He said Goshen and Newbury shared a property line regarding this application and that Goshen approved the site plan on March 6, 2012 for the canopy zip line tour.
Mr. Gamble said the written summary has been modified per the Board’s request from the preliminary site plan review on February 21, 2012, pertaining to parking capacity, particularly for the NH Craftsmen’s Fair. The executive summary modifications also include clarification on rescue and emergency operations (first aid). He added that one of the principles in chair lift operations is when the lift is in public operation there is always someone on site who is EMT certified and trained. He said the same approach would be taken with the proposed site plan. In addition to having EMT trained and certified personnel on site during the operation of the summer activities there will be the necessary rescue equipment available as well. He pointed out that Mt. Sunapee would not be drawing on town emergency
services.
Mr. Gamble said the parking capacity of Mt. Sunapee is adequate for all the activities current and proposed at Mt. Sunapee.
Mr. Gamble described the proposed mountain bike trails off the South Peak of the mountain and indicated their general location on the submitted plans. They are presented in a so-called bubble diagram on the plan. Likewise, the interpretive hiking trails are presented on the plan in similar fashion. Mr. Gamble said the Segway trails will be a ninety-minute activity with 30 minutes of safety training followed by a one-hour trail loop beginning and ending at the Learning Center.
Mr. Williams asked about the location of the proposed disc golf. Mr. Gamble said there will be no trees cut or land disturbed for this activity and at this point it has not been decided exactly where this activity will be set up. He added this activity is the lowest priority of the proposed program.
There was further general discussion about the mount bike trail activity and the location of the interpretive hiking trails.
Mr. Dezotell said the NH Bureau of Trails has a permitting process for trails that would apply to the installation of the trails under discussion. Mr. Gamble agreed.
Mr. Geddes asked how the entrance would be handled for customers arriving for the canopy zip line and those arriving for the Craftsmen’s Fair. Mr. Gamble said all canopy tour customers operate out of the Learning Center and all customers for the Craftsmen’s Fair are centered around Spruce Lodge. He admitted there may be some canopy zip line customers who drift into the Craftsmen’s Fair without paying admission but the two activities are fairly well separated.
There being no more questions from the Board, Mr. Williams opened the public portion of the meeting.
Bob Messenger, 35 Bay Point Road, Newbury, abutter, said he was pleased to see summer activity at Mt. Sunapee. He added that he has reviewed the application and is strongly in favor of the site plan. He added that he felt the plan has been laid out very, very well.
Art Burritt, Birch Grove Road, Newbury, said he is an employee of Mt. Sunapee and the president of Davis Cabins, Inc., P.O. Box 63, Newbury. He said he believes more of his customers would probably try some or all of the summer activities at Mt. Sunapee if they were offered. He added that the site plan would help to diversify the summer offerings to customers and help to add vibrancy to the summer business segment at and around the lake.
Laurie Messenger, 35 Bay Point Road, Newbury, said this project is environmentally friendly and not overly commercialized which is a plus. She said this plan would meet the demand of people who are looking for things to do here in the summer – both tourists and residents.
There being no further comment from the public, Mr. Williams closed the public portion of the meeting.
Mr. Weiler said the project presents an incredibly low impact expansion of the activities at Mt. Sunapee which is great for everyone involved – the management of Mt. Sunapee, the customers and the people who want to see the mountain maintained as a park.
Mr. Gamble noted that funding for the project was secured last November before winter didn’t show up and the funding is still in place in recognition of the fact that this site plan is aimed at trying to improve revenue during the seven months Mt. Sunapee is not a ski area. Mr. Weiler noted the “down time” during the off-season was always a challenge for the resort. Mr. Gamble said it took some time to find the right mix of activities to introduce during the seven-month “down time” but this collection of programs presents the result of in-depth research into what has succeeded at other similar ski resorts while maintaining the character of Mt. Sunapee.
Mr. Gamble indicated that he may be back in a few months for a special exception/site plan review for the proposed miniature golf program. He indicated that he is interested in a joint meeting of the Planning Board and the Zoning Board of Adjustment.
There being no further questions from the Board, Mr. Williams called for a motion to vote
Mr. Weiler made a motion to approve the application as presented. Mr. Dezotell seconded the motion.
Mr. Williams called for a Roll Call vote.
Mr. Geddes told the Board that he is an abutter to the state portion of the park but that he is not an abutter to what Mt. Sunapee Resort has leased from DRED. He asked for the Board’s consensus opinion on whether or not it is appropriate for him to vote at this time. The consensus of the Board was to allow Mr. Geddes to vote on this site plan as presented.
In Favor: Mr. Geddes, Mr. Smith, Mr. Powell, Mr. Dezotell, Mr. Weiler, Mr. Williams
Opposed: None
Mr. Williams informed Mr. Gamble that any party directly affected by this decision may appeal to the proper Board within thirty (30) days of this decision.
There was further discussion regarding a joint meeting of the Planning Board and the ZBA concerning Mr. Gamble’s application for a special exception for the proposed miniature golf course. Mr. Weiler suggested that Mr. Gamble approach this question in a month or 1 ½ months after the Board elects its new chair. Mr. Weiler said at that time, Mr. Gamble should talk with the new Planning Board chair and the ZBA chair to determine how to proceed.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of February 21, 2012 and made corrections. Mr. Dezotell made a motion to approve the minutes as corrected. Mr. Weiler seconded the motion. All in favor.
Mr. Dezotell made a motion to adjourn. Mr. Geddes seconded the motion. All in favor.
Meeting adjourned at 8:42 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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