Planning Board
June 19, 2012
Members Present: Bruce Healey, Chair; Tom Vannatta, Vice-Chair; Bill Weiler, Ron Williams, Members; Deane Geddes, Alternate; Rachel Ruppel, Advisor; Jim Powell, ex-officio member.
Mr. Healey called the meeting to order at 7:00 p.m.
Mr. Healey appointed Mr. Geddes as a voting member for this meeting.
Mr. Healey requested that the review of the May 15, 2012 minutes be moved to the end of the meeting. The Board agreed.
Mr. Healey requested Board approval to review a late-arriving conceptual that is not on tonight’s agenda. The Board agreed to review the conceptual following the Heller final application review.
CAP/HUD Newbury Elderly Housing Request for Extension
Mr. Healey noted that the CAP extension expires on June 19, 2012 and CAP representatives are present to request an extension on specific conditions contained in the current extension. Mr. Healey said the two conditions under consideration for extension pertain to permits and security.
Mr. Healey recapped the conditions under discussion as follows: “The Planning Board voted to approve for a 90-day extension for the following two Conditions Precedent for the Site Plan Review application approved and granted by the Board on December 20, 2011. The first is that the applicant secure all required permits including, but not limited to, Alteration of Terrain and Wetlands from the state of NH. The second was that the Town of Newbury’s legal counsel and HUD legal counsel form an agreement regarding security to be posted for the development of the site in accordance with the Board’s approval.”
Kenneth Nielsen, CAP attorney, was present. Mr. Nielsen said CAP has obtained most of the permits from the state and said they have a conceptual water system permit, a water conservation plan, a preliminary new well, Alteration of Terrain permit, two sewage disposal permits, a wetlands permit for on-site and a wetlands permit for the road [Newbury Heights Road?] and a temporary water discharge permit. Mr. Nielsen said they are waiting for the final approval on the well. He said they will need another extension for that permit. He noted that a couple of the other permits are conditioned on the well permit.
Mr. Powell asked for the reason the well has not yet been approved. Ralph Littlefield, executive director for CAP Merrimack-Belknap Counties, Inc., explained that this is considered a community well because of the number of units in the project. As a result there are a number of standards that must be met that are time-consuming, including issuing a report about the well and its impact on all surrounding abutters.
Mr. Powell asked if all the work and details have been done per state requirements and whether CAP is now waiting for the state to evaluate the work/details. Mr. Littlefield said that is correct.
Mr. Geddes asked if this request for an extension covered just the one permit or all the permits. Mr. Nielsen said the request would apply to all the permits.
- Mr. Weiler made a motion to extend the time period to September 18, 2012 for the applicant to secure all required permits, including but not limited to Alteration of Terrain and Wetlands, from the State of New Hampshire. Mr. Vannatta seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Vannatta, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey said Newbury Town counsel, the Newbury Town Administrator and CAP communicated regarding the wording for the bond documents covering the on-site and off-site construction for the Newbury Elderly Housing project. Town counsel indicated to the Town Administrator that the bonds seemed adequate but requested that the Planning Board confirm this.
Mr. Healey voiced concern over the bond language description for Newbury Heights Road, noting if construction on the road is started, there should be a guarantee that it will be completely finished. He said this is a town road and the town needs to be protected against default in this matter.
Discussion followed.
Mr. Nielsen suggested adding language guaranteeing completion of the off-site improvements to Newbury Heights Road. Mr. Williams suggested adding additional language covering erosion control provisions and the restoration of disturbed property.
Mr. Vannatta made a motion to accept the bond agreements subject to the inclusion of a statement guaranteeing completion of the off-site improvements to Newbury Heights Road. Mr. Weiler seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Vannatta, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Nielsen agreed to send Mr. Healey a copy of the amended bond agreement.
CASE: Case 2012-001: Final- Site Plan Review- DRED/Agent: Mount Sunapee Resort- attn: Jay Gamble 763-3500. Map/Lot 13-386-092-000A. (Miniature Golf)
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, June 19, 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. Copies of the plan are available for public review at the Town Office Building during regular business hours. Business hours are as follows: Monday, Tuesday, Thursday, and Friday from 8am to noon.
The application was reviewed for completeness. Ms. Ruppel noted that this is an amendment to an existing site plan.
Mr. Weiler made a motion to accept the application as complete. Mr. Vannatta seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Vannatta, Mr. Weiler, Mr. Healey
Opposed: None
Jay Gamble, vice president & general manager, Mount Sunapee Resort, presented to the Board as the agent for the Department of Resources & Economic Development (DRED). Charlie Hirschberg, CNL Engineering, was present as well.
Mr. Gamble reviewed the project’s written summary (see attachment) and added that the summary includes a landscaping plan, a drainage plan, and a structure plan. He said the landscaping theme will be a botanical garden, there will be a professional artificial putting green and the turf will be dura turf. All landscaping will be perennials and Mark Fabrizio, landscape architect, will be using perennials that are 12 inches to four feet in height. Blooming will occur from May to July. Mr. Gamble described the water retention measures and the added lighting to ensure safe passage to the parking lot for night visitors.
If approved, Mr. Gamble expects to open August 11th – 18th and close on October 14th or 20th. He added that there will be about 20 to 25 employees.
Ms. Ruppel said the Conservation Commission’s sign-off sheet included concerns regarding Beck Brook and the lagoon and septic ponds. Mr. Hirschberg said the course is set back from Beck Brook 90 feet which is more than the town requirement of 75 feet.
Mr. Gamble described the ski lift that will service the summit for the Adventure Park.
There was further discussion regarding lighting.
There being no further questions from the board, Mr. Healey opened the public portion of the meeting. There being no comments from the public, Mr. Healey closed the public portion of the meeting.
There being no further questions or comments from the Board, Mr. Healey called for a motion to vote.
Mr. Geddes made a motion to approve the application as presented. Mr. Weiler seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Vannatta, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey informed Mr. Gamble that the applicant or any party directly affected by this decision may appeal to the proper Board within thirty (30) days of this decision.
CASE: Case 2012-006: Final- Major Subdivision- Rheta Heller/Agent: Allen Wilson 863-1474. Map/Lot 30-666-376. Route 103 & Rollins Road
Notice is hereby given that the Planning Board will receive submission of an application for a Final Hearing for a Major Subdivision from Rheta Heller Revocable Trust, for property located on Rollins Road, Newbury, NH, Tax Map 030-666-376 on Tuesday, June 19, 2012, at 7:45 pm 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. Copies of the plans are available for public review at the Town Office Building during regular business hours. Land Use hours are as follows: Monday, Tuesday, Thursday, and Friday from 8am – noon.
The application was reviewed for completeness. Ms. Ruppel noted that Paragraphs 9.7 – 9.13 are not applicable to this development because there are no new roads, or new utilities, or new drainage proposed. She added that all the departmental sign-off sheets are included except the Fire Department. Allen Wilson, ALW Surveys, agent, noted that all the proposed driveway locations are shown on the plans but driveway permits have not been included. Ms. Ruppel noted that the requirement for septic system permits does not apply because all the lots in the subdivision are greater than five acres. Mr. Powell noted that the fire chief sustained an injury last week and that the former will follow up with the chief and obtain his departmental sign-off.
Mr. Vannatta made a motion to accept the application as complete. Mr. Geddes seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Vannatta, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Wilson, agent, presented to the Board, reviewing the submitted plans. Ms. Ruppel noted that a minor revision to the density report worksheet was needed. Mr. Vannatta said the change could be added in the file copy, initialed and dated.
Mr. Healey reviewed the sign-off sheets and the Board found no concerns or issues.
There being no further questions from the board, Mr. Healey opened the public portion of the meeting.
Cal Prussman, Chalk Pond Road, Newbury, asked about the lot that goes behind the Fogwills and the presence of wetlands in that area. He asked if the building envelope on that lot will be located well away from the wetland area. Mr. Wilson said, yes, it is located far enough away from the wetland area.
There being no further comments from the public, Mr. Healey closed the public portion of the meeting.
Ms. Ruppel asked the board if there was a concern that the Fire Chief sign-off sheet was not in hand for this application. The Board consensus was that there was no concern regarding same.
Discussion followed regarding the updated procedures regarding submission of sign-off sheets for all Planning Board applications and the importance of same. Mr. Vannatta noted that Town Counsel has advised in the past that the Board may not delay hearing an application if sign-off sheets are missing from the application.
There being no further questions or comments from the Board, Mr. Healey called for a motion to vote.
Mr. Weiler made a motion to approve the application as presented. Mr. Vannatta seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Vannatta, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey informed Mr. Wilson that the applicant or any party directly affected by this decision may appeal to the proper Board within thirty (30) days of this decision.
Mr. Healey called for a recess at 8:24 p.m.
The meeting resumed at 8:29 p.m.
CASE: Conceptual Review – Newbury Palace Pizza, 104 Route 103, Newbury, Tax Map/Lot # 50-531-080. Property owner Soaring Goose LLC, agent Laura Hallahan.
Laura Hallahan, representing Soaring Goose, and Kosta Nastos, Palace Pizza owner, presented their plans to open a sit-down/take-out pizza restaurant at the current site of The Rolling Pin at 104 Route 103. Ms. Hallahan said the proposed restaurant would seat 24, include take-out and offer delivery services.
There was discussion about the change of use of the property since 1993 and the current use category. Mr. Weiler said the current use category is retail sales and the applicant will need a site plan in order to open a restaurant.
Discussion followed on whether the applicant could update the existing site plan. The Board agreed that the original site plan could be modified by the original preparer and that photos should be included to show elevations.
There was discussion regarding signage, exterior lighting, drainage, and obtaining a restaurant permit from the state.
ADMINISTRATIVE BUSINESS
Wild Goose Update
Mr. Vannatta reported on the current status of the Wild Goose boat launch project. He said he and June Fichter, executive director of LSPA, met with DES on June 12, 2012 to review the latest claim by NH Fish & Game regarding the proposed project. Among the items discussed were four out of five test pits hit ledge immediately, 89% of the property will be affected by the project, there was no lay down areas provided for the 200-plus truckloads of excavation material, and no water tables were mentioned. Additionally, there is a community well 80 feet from the proposed site. The case will come before the Superior Court on September 4, 2012.
Minutes
The Board reviewed the minutes of May 15, 2012 and made corrections. Mr. Geddes made a motion to approve the minutes as corrected. Mr. Vannatta seconded the motion. All in favor.
ADDITIONAL BUSINESS
Mr. Powell reported on several items:
- Hank Williams, Fire Chief, suffered a fall resulting in a serious injury to his left leg and is recuperating;
- Construction on the Veteran’s Memorial is underway;
- Today was Norm Bernaiche’s (tri-town assessor) last day and the assessing board is close to deciding on his replacement;
- The town received approval from the state to construct a sidewalk in front of the Vets Hall with a walkway across Route 103 that connects with the existing sidewalk on the opposite side of the street. Completion date is expected to be this summer.
Mr. Williams asked Mr. Powell if the approach walk to the Veteran’s Memorial is ADA compliant, noting the grade may exceed ADA requirements. Mr. Powell said he will have the landscape architect check on this but added that the memorial has three entrances and questioned whether all three must be ADA compliant.
Mr. Weiler made a motion to adjourn. Mr. Vannatta seconded the motion. All in favor.
Meeting adjourned at 9:09 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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