Planning Board
January 15, 2013
Approved April 16, 2013
Members Present: Bruce Healey, Chair; Tom Vannatta, Vice-Chair; Bill Weiler, Travis Dezotell, Russell Smith, Members; Deane Geddes, Alternate; Rachel Ruppel, Advisor; Jim Powell, ex-officio member.
Mr. Healey called the meeting to order at 7:03 p.m.
Mr. Healey appointed Mr. Geddes as a voting member for this meeting.
ADMINISTRATIVE BUSINESS
Minutes
The Board did not review any minutes. Mr. Healey noted that draft minutes for August 21, 2012, September 18, 2012, and December 18, 2012 will be prepared for review at the February 19, 2013 meeting.
February 5, 2013 Meeting
Mr. Healey reminded the Board that the meeting on February 5, 2013 is a Public hearing on the proposed Amendments to the Newbury Zoning Ordinance and requested that all members plan to attend if possible. The Rules of Procedure require that if no public is present for the hearing, the hearing may be suspended for 30 minutes to allow time for interested members of the public to arrive. The hearing may resume following the 30-minute period.
Lake Sunapee Public Boat Access Facility (Wild Goose Boat Launch Project)
Mr. Healey reviewed a DES letter regarding the Lake Sunapee Public Boat Access Facility. It stated that an Alteration of Terrain Permit (ATP) for the Facility was approved and issued on December 15, 2012. He added that the letter also stated that the ATP does not relieve the applicant of the requirement to obtain other local, state or federal permits that may be required.
Voluntary Mergers of Lots of Record
The Board discussed the procedure involved in approving voluntary mergers of lots of record. To date, the Board Chair reviews the information and makes the determination of approval or not. Mr. Healey noted that this practice is not included in the Rules of procedure as a Chair responsibility.
Ms. Ruppel reviewed the state law from 1995 that puts forth the criteria for approving voluntary mergers of lots of record as follows:
- The lots of record are owned by the same person;
- The lots are contiguous; and,
- Merging the lots does not create a non-conforming lot that needs a zoning variance.
She said if those three criteria are met, a public hearing is not required.
Discussion followed. It was the consensus of the Board to continue with the current procedure and that Ms. Ruppel would draft a statement regarding same for inclusion in the Planning Board Rules of Procedure.
Conceptual Application Form(s)
Mr. Healey noted that he has reviewed all the current forms for conceptual applications and suggested that the requested applicant contact information be changed from “phone number and fax number” to “phone number and email address”. Mr. Powell said fax numbers are still used and suggested just adding a request for the applicant’s email address.
Mr. Weiler questioned whether the Board should be communicating with applicants via email. Mr. Healey said the change would be to assist the Land Use Coordinator, not the Board, in communicating with applicants. Discussion followed.
It was agreed that all the forms should be updated at the same time for Board review before posting on the website and distributing to the land use Coordinator and the Administrative Assistant.
CASE: Case 2012-011: Final – Minor Subdivision & Lot Line Adjustment – 1085 North Broadway LLC & Great island Realty Trust. Map/Lot 016-761-212 & 005-002-227.
You are hereby notified that the Planning Board will receive submission of an application for a Final Hearing for a lot line adjustment and minor subdivision for property located on Great Island, Newbury, NH on Tuesday, January 15, 2012 at 7:15 p.m. in the Town Office Building at 937 Route 103 in Newbury, NH. The parcels involved are Great Island Realty Trust, Tax Map 016-761-212, and 1085 North Broadway LLC, Tax Map 005-002-227. 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 application was reviewed for completeness.
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. Smith, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Dezotell, Mr. Healey
Opposed: None
Tom Hoffmeister, Great Island Realty Trust, and Tom Dobrowski, agent, presented to the Board. Mr. Dobrowski explained that there are two different original properties – 1085 North Broadway LLC which owns 1.38 acres; and Great Island Realty Trust which owns 5.63 acres. He indicated on the plans the locations of both parcels. He said North Broadway LLC plans to annex 2.71 acres from Great Island Realty resulting in a new acreage of 4.02 for North Broadway LLC. He said the 4.02 acres would then be sub-divided into Lots A & B, each 2.01 acres. The remaining 2.92 acres belonging to Great Island Realty becomes Lot C.
Mr. Dobrowski said the state subdivision approval number was included on the plan (item #4 in the Property Information section) which is the approval of Lots A, B, and C.
Mr. Hoffmeister described the septic hookup to the central system for the lots.
Mr. Dobrowski requested that the requirements for the mylar not include indications of typography, soil plans and test pit data. He presented to the Board what he would like see on the mylar, asserting that the Registry does not like a lot of detail on the mylar.
Mr. Weiler noted that this was a hearing on what would be submitted to the Registry and that the Board must be assured that everything will be on the mylar that the Planning Board votes on at this meeting. He added that the Board needs an assurance that everything the Board votes on at this meeting will, in fact, be on the mylar.
Mr. Vannatta noted that the applicant wants to remove test pits and contours from the mylar. Mr. Hoffmeister agreed. As a point of clarity, Mr. Powell asked Mr. Dobrowski if the plan presented to the Board is the intended plan but the mylar will contain less information than what is on the submitted plan, specifically the topography and the soil pits. Mr. Dobrowski said yes.
Ms. Ruppel said the Board’s requirement is that the subdivision plan is recorded with the Registry. She added that the applicant has compiled a subdivision plan, soils, and topography on one map. She said as long as the information is the same between just the subdivision plan and the composite that is presented to the Board, the Registry is only interested in the subdivision plan.
Mr. Powell expressed the opinion that the mylar could be simple since the rest of the plan’s information will be contained in the property file. Mr. Healey agreed.
Mr. Weiler said that is not the issue. He said the Board is being asked to approve the application as presented but the applicant will give the Board a mylar to record containing different information. Mr. Hoffmeister said they will submit the more detailed plan to the Registry if that’s what the Board prefers. Mr. Weiler suggested that the Board check the mylar against what was approved as the final application to ensure accuracy prior to signing the mylar. Mr. Healey said the mylar will be checked for accuracy prior to signing.
There being no further questions from the board, Mr. Healey opened the public portion of the meeting.
There being no public present, Mr. Healey closed the public portion of the meeting.
Mr. Geddes asked if new property markers were put in place. Mr. Dobrowski said it was done last fall after the state approvals arrived. Mr. Hoffmeister added that the existing property lines were marked at that time as well.
There being no further discussion, Mr. Healey called for a motion to vote.
Mr. Weiler made a motion to approve the application as presented. Mr. Dezotell seconded the motion.
Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Dezotell, Mr. Healey
Opposed: None
Mr. Healey informed the applicant that they or any party directly affected by this decision may appeal to the proper Board within thirty (30) days of this decision.
CASE: Conceptual – Bruce & Kathy Wilder, property owners, Bay Point Road and Wildwood Drive
Charlie Hirschberg, CLD Engineers, was present to meet with the Board to discuss the Wilder’s property which is currently under agreement with Jim Scali, purchaser. Mr. Hirschberg described the parcel as 15.7 acres with just over 700 feet of frontage on Wildwood Drive and two areas of frontage on Bay Point Road. He said the road frontage on Bay Point road is split by three residential buildings. Mr. Scali wants to subdivide the parcel into three lots with the intention of building a home on one lot and creating two more lots.
Mr. Hirschberg described the configuration of the three lots emphasizing each have a minimum of two acres and each will have the required 200 feet of road frontage. There was discussion about the required Density Work sheet, how to fill it out and how it determines the buildable lot. Mr. Hirschberg indicated that the property does contain steep slopes and wetlands. He asked if the road frontage needs to be contiguous. Mr. Vannatta said yes. Ms. Ruppel read into the record the definition of road frontage Paragraph 2.59 in the Newbury Zoning Ordinance as follows: “The contiguous length of the lot bordering on and measured parallel to the centerline of the road.”
Mr. Hirschberg asked about the length-to-width formula. Ms. Ruppel referred him to the Newbury Subdivision regulations, Paragraphs 2.13 (definition) and 10.5 (lot layout).
Mr. Hirschberg asked if the formula allows for creative lot shapes. The Board said yes.
There was further discussion about the building envelope, septic system and well, steep slope, deer wintering areas, wetlands, and stormwater management plans. Ms. Ruppel reminded Mr. Hirschberg that the application and all required documentation must be submitted 21 days prior to the Board’s scheduled meeting date.
Mr. Dezotell made a motion to adjourn. Mr. Geddes seconded the motion. All in favor.
Meeting adjourned at 8:17 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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