Planning Board
September 18, 2012
Approved February 19, 2013
Members Present: Bruce Healey, Chair; Tom Vannatta, Vice Chair; Ron Williams, Bill Weiler, Travis Dezotell, Members; Deane Geddes, Alternate; Rachel Ruppel, Advisor; Jim Powell, ex-officio member.
Mr. Healey called the meeting to order at 7:04 p.m. and appointed Mr. Geddes as a voting member in place of Mr. Dezotell. Mr. Dezotell arrived a few minutes later and Mr. Healey rescinded Mr. Geddes appointment as a voting member.
Mr. Healey proposed to postpone reviewing the minutes until the next meeting. The Board agreed to this request.
Mr. Weiler said that he would like to discuss some of the contents of the minutes at the end of the meeting.
Newbury Elderly Housing, Inc., Merrimack/Belknap County Community Action Program (CAP) – conditions precedent to Site Plan Approval
Ralph Littlefield, executive director, Merrimack/Belknap County (CAP), presented to the Board all final permits from the state as well as the town permit for the road. Mr. Littlefield explained the content of the submitted permit. Mr. Littlefield explained the reviews for the community well, and the bonds for CAP. He would like to submit the bond to the town at the same time as the building permit. Mr. Littlefield explained that as soon as the building permit gets released, HUD can release money to all participating parties if the bond is in place. He explained that HUD will need to know how many copies of mylars and plans will be needed.
Mr. Weiler asked if there would be any site work needed for the building permit. Mr. Littlefield said that all that was needed was the well to be in place and a small road to get to the well.
Mr. Healey asked when a building permit will be obtained. Mr. Littlefield said that he is hoping for the end of October.
Mr. Powell asked what the timeline for the project completion and when people could move in.
Mr. Littlefield said it is about a nine-month completion process with the last three months opening up to the community to let applicants apply.
Mr. Weiler said that the conditions precedent status bond is agreed on but won’t be issued until the building permit has been issued.
Mr. Geddes asked if any of the road construction details have been put out to bid yet.
Mr. Littlefield said it has gone out to bid to five companies. Two companies pulled out. The bid went to Chicoine Company as the general contractor.
Mr. Healey said the Board will sign the final site plan and requested that Mr. Littlefield make sure that the correct plan is the one being signed by the Board. Mr. Littlefield said he will get the date of the final site plan review and will make four paper copies of this plan.
Mr. Littlefield asked if the Planning Board will sign the mylar since it is a HUD requirement. The Board agreed to this.
Mr. Healey asked about the ownership of the community well. Mr. Littlefield explained that once there is a closing, the ownership will go to the HUD Elderly Housing Corp. Mr. Healey also asked about the water quality and the need of a special system for the water. Mr. Littlefield said that there was an issue with radon, arsenic and fluoride, so there will be a filtration system included with the well.
Mr. Littlefield said that to go to closing with HUD, the Planning Board needs to sign paperwork to let the process continue. The Board will have signed copies of the final site review by next week.
Mr. Healey thanked Mr. Littlefield for coming in.
ADMINISTRATIVE BUSINESS
Minutes:
The Board reviewed the minutes of July 17, 2012. Discussion followed. Minutes will be discussed again at the next meeting.
Final Site Plan – Palace Pizza:
Mr. Healey presented the final site plan for Palace Pizza. He explained that the applicant met the conditions required from the site plan review. The applicant said there would be no roof-mounted sign. There will be the existing free-standing sign. The applicant explained that he would be using the south side of the building for his pizza business. His site plan explained that there will be a retail business on this south side of the building that will have two tables, and several arcade machines.
The Board signed the final site plan for Palace Pizza.
Amendments to Site Plan Review Regulations:
Ms. Ruppel discussed Article 6.6 and the need to reduce the abutter notification. Ms. Ruppel suggested that the Board should remove the requirement to notify abutters who own land within 200 feet of the applicant and to only notify the abutters and other parties as required by state law.
Ms. Ruppel next mentioned Article 6.9 which would include the signing of the final site plan of an applicant. This would be a completely new section. There is currently no signature block for the Board to sign off on final site plan reviews. Mr. Healey said that the copies go to the Planning Board file, property file, code enforcement officer and the applicant. There will be four printed full-sized copies to be submitted by the applicant
Mr. Weiler would like all “musts” to be replaced with “shall”. He also thinks that it should be broken down to two paragraphs.
Ms. Ruppel discussed Article 7 and noted that, due to a state legislative change, Planning Board review cannot be held up due to the lack of other Board approvals and permits. Ms. Ruppel would like to put this into Article 10.13 under permits and approvals.
Mr. Weiler suggested that in Article 13.10, the notification of the Department of Transportation should be taken out. Ms. Ruppel asked if it would make sense to have sign-off sheets from the fire chief.
Ms. Ruppel discussed Article 10.5 and suggested striking any reference to landowners within 200 feet.
Ms. Ruppel said that Articles 10.12 and 10.13 should have separate sign-off sheets listed. She stated that Article 11 should read waivers per state law and that the rationale for the waivers is recorded in the minutes.
Ms. Ruppel said Article 13.5 should have the appropriate abutter information. She said that she will also clean up the language of Article 13.10.
Ms. Ruppel suggested that Article 18 specify that the code enforcement officer is the enforcement entity rather than the board of selectmen. Mr. Powell disagreed and said that the code enforcement officer works for the board of selectmen and that this should remain the same. Ms. Ruppel said that she will not change the reading of this article.
Ms. Ruppel discussed Article 3, specifically when a site plan review is required. She asked if it would be more helpful to define more activities that do not need final site plan reviews. There was discussion on change of use, change of ownership or tenancy, and when site plan reviews should occur. Mr. Weiler suggested working with Ms. Ruppel on the language of this Article.
Code Enforcement Officer Question:
Mr. LaCasse asked Mr. Healey about hot tubs being placed within 50- to 75-feet of the setback on the lake. Article 7.3.2 discusses structures being within this setback. Under 2.148, a hot tub is not defined as a structure. The Board agreed that hot tubs should be considered structures. Mr. Powell said that Newbury should be aware of the state shoreland protection regulations and that the state regulations should carry. Mr. Healey will put this on a future agenda.
Great Island Realty Trust Lot Line Adjustment:
Mr. Healey explained that the Board voted to dismiss the final application for a lot line adjustment. The applicant is now coming back with a slightly changed plan. Mr. Healey noted that the applicant’s conceptual was different from the final application. The applicant has now decided he wants to go back to his conceptual idea. Significant discussion followed. The Board decided that there should be one application, one fee and one abutter’s list for the preliminary.
Joint Meeting with ZBA and Planning Board:
Mr. Healey said that the Zoning Board of Adjustment chair has requested a joint meeting with the Planning Board. The meeting is scheduled for October 16, 2012
Verizon Wireless:
Mr. Healey asked what to do with the new summary. Mr. Weiler said that it has been reviewed and that it should be placed into the file, noting that the application should be dated and a notation made that all the requirements were met.
Mr. Dezotell made a motion to adjourn. Mr. Smith seconded the motion. All in favor.
Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Donna Long
Acting Recording Secretary
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