Planning Board
July 17, 2012
Approved November 20, 2012
Members Present: Bruce Healey, Chair; Tom Vannatta, Vice-Chair; Travis Dezotell, Ron Williams, Russell Smith, William Weiler, Members; Deane Geddes, Alternate; Rachel Ruppel, Advisor; Jim Powell, ex-officio member.
Mr. Healey called the meeting to order at 7:00 p.m.
ADMINISTRATIVE BUSINESS
Vacation Coverage
Mr. Healey discussed various options to provide coverage for the Planning Board application submission deadline on August 28th while the Land Use Coordinator is on vacation. The Board agreed that Mr. Healey should confer with the Town Administrator about the best way to cover the deadline date.
Minutes
The Board did not review the minutes of June 19, 2012 because they were not available.
CASE: Case 2012-007: Conceptual – Site Plan Review – Wrightway Custom Sawmilling/Rick Wright . Map/Lot 043-583-529. Expand current green house building.
Mr. Smith recused himself because he is an abutter to the applicant’s property.
Mr. Healey said in 2010 the Board approved a site plan application for Wrightway Landscaping to operate a retail greenhouse and associated products and services located at 35 Route 103 in Newbury. He said Rick Wright is interested in talking with the Board about a change of use for that business.
Mr. Wright said his plans were not for a change of use but just to enlarge his current building. Mr. Healey said Mr. Wright noted on his application that this is a change of use.
Mr. Wright said he wants to enlarge the size of his current 12-foot by 16-foot building to a building measuring 16-feet by 28-feet by in order to expand his retail space. He said the proposed building will be attached to the front of the existing greenhouse building and will have the same look and lines of the existing greenhouse building. He added that the new structure will be constructed of rough saw lumber, will be insulated and heated by a wood stove.
Mr. Weiler said the reason for the site plan is an expansion of the use. Mr. Wright agreed.
Mr. Vannatta asked for clarification regarding the kinds of hand crafted wood products referenced in the conceptual application. Mr. Wright said they would be benches, picnic tables, etc.
Mr. Wright said the proposed expansion would not decrease the current parking spaces and will not have any impact on the existing setbacks.
Mr. Powell said an updated site plan is needed. Mr. Williams agreed, adding the updated site plan should indicate the setbacks, lighting and signage. Ms. Ruppel asked if Mr. Wright intends to move the existing sign. He said no.
The Board recommended that Mr. Wright submit a new site plan for review by the Board at a public hearing. Significant discussion followed regarding the proposed square footage increase and if it represented an increase of more than 10% of the existing square footage.
The Board reviewed Section 3.1.2 of the site plan review regulations, which requires site plan review approval for “additions of more than 500 square feet of floor area to such existing principal and accessory buildings or 10% whichever is less”. The Board reviewed the current site plan, which shows three buildings (24 ft by 30 ft, 27 ft by 48 ft, and 12 ft by 16 ft) with a total of 2,208 square feet. A ten percent increase in square footage would be 220 square feet.
The Board then calculated the proposed expansion, which would increase the 12 ft by 16 ft building to 16 ft by 28 ft – this would increase the square footage from 2,208 square feet to 2,464 square feet, an addition of 256 square feet. It was determined that the proposed 256 square footage increase represented slightly more than 10%. The Board informed Mr. Wright that site plan review would not be required if he were to reduce the proposed expansion to under 10%.
Mr. Powell recommended that the Board waive the 10% rule. Mr. Vannatta said the Board can waive the rule but a public hearing would have to be held and that would require that the applicant absorb the fees connected with that.
Ms. Ruppel noted that if Mr. Wright reduced the proposed building enlargement by one foot on each side, the overall square footage of the expansion would not require site plan review because the addition would be less than 10%.
Mr. Wright said if he modified his proposed expansion to a 14-foot by 28-foot building, that would bring it in line with the site plan regulations. The Board confirmed that a 14-foot by 28-foot building in place of a 12-foot by 16-foot building would increase the total square footage on-site from 2,208 square feet to 2,408 square feet, an addition of 200 square feet. This 200 square foot addition constitutes an addition of less than 10% of the total floor area of buildings on the site and, therefore, would not precipitate a site plan review.
Mr. Vannatta suggested that Mr. Wright submit a new site plan with the new building dimensions added and a written summary of the changes for placing it in the existing site plan file. Mr. Wright agreed.
CASE: Case 2012-008: Preliminary Site Plan Review - Soaring Goose LLC/Agent: Laura Hallahan. Map/Lot 50-531-080. 104 Route 103.
Mr. Weiler noted a point of order regarding a discrepancy in terminology between the application form and the public notice. The application is for a preliminary site plan review while the public notice indicates a site plan review application. He added that it is unclear whether the application before the Board is a preliminary or a final site plan review. He asked Mr. Healey for clarification. Mr. Healey said it was his understanding that the application for review this evening was a final site plan review. There was discussion regarding whether the Board could legally proceed with a final site plan review if the public notice does not specifically state final site plan review.
Ms. Ruppel noted that past public notices were not consistent in stating “preliminary” or “final” site plan review. The Board agreed that they could proceed with a final site plan review if the applicant so desired.
Notice is hereby given that the Planning Board will receive submission of an Application for a Site Plan Review from Soaring Goose LLC, for property located at 104 Route 103, Newbury, NH, Tax Map 050-531-080 on Tuesday, July 17, 2012, at 7:30 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. Interested citizens are encouraged to attend the public hearing and express their views. Signed written comments will be accepted during business hours at least one (1) business day prior to the meeting at the Land Use Office. Land Use Office hours are as follows: Monday, Tuesday, Thursday, and Friday from 8am to noon.
The Board reviewed the application for completeness.
Mr. Vannatta made a motion to accept the application as complete. Mr. Williams seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Powell, Mr. Smith, Mr. Weiler, Mr. Vannatta, Mr. Williams, Mr. Dezotell, Mr. Healey.
Opposed: None.
Kostas Nastos, owner of Palace Pizza, asked the Board to consider this application as a final site plan review and not a preliminary site plan review.
Mr. Dezotell made a motion to accept the submitted materials as a final application for a site plan review. Mr. Weiler seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Powell, Mr. Smith, Mr. Weiler, Mr. Vannatta, Mr. Williams, Mr. Dezotell, Mr. Healey.
Opposed: None.
Mr. Nastos and Laura Hallahan, Tall Pines Realty, agent presented to the Board.
Mr. Nastos said he intends to widen the existing kitchen, move the bathroom, enlarge the deck, place a counter up front for orders and place a drink cooler on the premises. He also intends to make modifications to the existing plumbing. He said there will be five employees and there will be no change in the existing utility services. He added that he may add a propane tank in the back of the building and there may be more exterior lighting in the front as needed. Hours of operation are 10:00 a.m. to 9:00 p.m. Monday – Thursday and 10:00 a.m. to 10:00 p.m. Friday and Saturday.
Mr. Healey asked if he intended to expand into the adjoining occupied space in November when the space became available. Mr. Nastos said he intends to put games in that room and/or one or two tables to expand the dining area.
Mr. Smith asked if the deliveries will be made in the back of the building, noting that Morse Hill Road is often closed during mud season. Mr. Powell suggested that Mr. Nastos check with the Road Agent regarding the truck tonnage for that road. Mr. Nastos said deliveries by big trucks currently deliver in the front of the building during the early morning hours.
Ms. Ruppel noted that the Conservation Commission sign-off sheet requested that erosion control measures be applied to the driveway and the Fire Department sign-off sheet said an assembly inspection is needed before opening.
Mr. Vannatta asked about proposed signage. Mr. Nastos said he intends to put a small metal sign on the roof of the building. Mr. Weiler suggested that he discuss this with the Code Enforcement Officer before proceeding, noting that the town has a sign ordinance.
Mr. Weiler suggested that the site plan be amended to show where the sign is. He added that a written summary is needed to reflect what Mr. Nastos is planning to put into the current occupied space that will be vacated in November, adding that the retail sales designation of that space should be carried over and put in the written summary and annotated on the plan.
There was discussion regarding exterior lighting. Mr. Weiler indicated that the Board prefers downward facing exterior lights only that are energy efficient. The outside lighting should fall on the property and not on the road.
Mr. Healey said the site plan should be changed to show the proposed location of exterior lighting, the proposed type of exterior lighting, the proposed location of the roof sign, and a written description of the proposed change to the current occupied space and how it is going to be used.
There being no further questions from the Board, Mr. Healey opened the public portion of the meeting.
Richard Wright, a Newbury resident and Selectman, said in 1967 Route 103 and Morse hill Road were rebuilt to state standards and Morse Hill Road was rebuilt up to the back of the Pizza Palace building. As a result, he added, that road can handle any kind of truck delivery.
There being no further comment from the public, Mr. Healey closed the public portion of the meeting.
Mr. Dezotell made a motion to approve the application with the following conditions: that the site plan be changed to show the proposed location of exterior lighting; the proposed type of exterior lighting; the proposed location of the roof sign; a written description of the proposed change to the current occupied space and how it is going to be used; and a statement that reaffirms that the retail sales use for the property is still in effect. Mr. Smith seconded the motion.
Mr. Healey called for a Roll Call vote.
In Favor: Mr. Powell, Mr. Smith, Mr. Weiler, Mr. Vannatta, Mr. Williams, Mr. Dezotell, Mr. Healey.
Opposed: None.
Mr. Healey advised the applicant and his agent that he or any party directly affected by this decision may appeal to the proper Board within thirty (30) days of this decision.
ADDITIONAL BUSINESS
Capital Improvements Program (CIP) Update
Ms. Ruppel said the Town Administrator is submitting the necessary financial information and two meetings are scheduled with the CIP committee and the department heads at the end of August to determine projected expenditures for the next six years. The Planning Board will then review the proposed CIP.
Public Notices & Abutter Lists
Mr. Weiler suggested that future public notices include a description of the business.
There was discussion concerning the preparation of abutter lists. Mr. Healey said he will discuss the matter with the Land Use Coordinator.
Mr. Dezotell made a motion to adjourn. Mr. Smith seconded the motion. All in favor.
Meeting adjourned at 8:29 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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