Planning Board
May 21, 2013
Approved June 18, 2013
Members Present: Bruce Healey, Chair; Tom Vannatta, Vice-Chair; Bill Weiler, 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 in place of Mr. Dezotell.
ADMINISTRATIVE BUSINESS
Election of Officers
Mr. Healey turned the meeting over to Meg Whittemore, Recording Secretary. Ms. Whittemore called for a motion to nominate the Board chair for the upcoming year.
Mr. Weiler made a motion to nominate Mr. Healey for Planning Board chair for the upcoming year. Mr. Vannatta seconded the vote.
Ms. Whittemore called for any additional motions for Board nominations. There being none, she called for a motion to close the nominations for Board chair.
Mr. Vannatta made a motion to close the motions for nominations. Mr. Weiler seconded the motion. Ms. Whittemore called for a Roll Call vote;
In Favor: Mr. Geddes, Mr. Smith, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None.
Ms. Whittemore called for a Roll Call vote on the motion to nominate Mr. Healey as Board chair.
In Favor: Mr. Geddes, Mr. Smith, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Ms. Whittemore turned the meeting over to the newly-elected chair, Mr. Healey.
Mr. Healey called for a motion to nominate the Planning Board vice-chair for the upcoming year.
Mr. Weiler made a motion to nominate Mr. Vannatta for Planning Board vice-chair for the upcoming year. Mr. Geddes seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Terms of Office
Mr. Healey reviewed the Board members’ term expiration dates as follows:
2014: Mr. Williams and Mr. Smith
2015: Mr. Healey and Mr. Dezotell
2016: Mr. Vannatta and Mr. Weiler
Mr. Powell remains as ex-officio.
Mr. Healey noted that the town website will be updated with the above information.
Mr. Healey called for a motion to appoint Mr. Geddes as a Board alternate, for a three-year term that expires in 2016.
Mr. Vannatta made a motion to appoint Mr. Geddes for a three-year term as a Board alternate. Mr. Weiler seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Agenda Modifications
Mr. Healey noted the following modifications to the meeting agenda:
- Review of the April 16, 2013 minutes is deferred to the June 4, 2013 meeting.
- June Fichter, executive director, and Robert Wood, watershed steward, of the Lake Sunapee Protective Association (LSPA) will meet with the Board to share information on the LSPA new watershed committee, upcoming school programs, invasive water-borne species, and ongoing strategies aimed at protecting the Lake Sunapee watershed.
- Mylars for the Nester/Pellerin applications have not been received and, therefore, will not be signed at this meeting.
NHDOT/Route 103 Guardrails Environmental Impact
Mr. Healey reviewed a letter received from the NH Department of Transportation (NHDOT) regarding the replacement of Route 103 guardrails in three locations in town. The NHDOT letter requested that the Board review the plans and submit a written approval of same. Mr. Healey noted that the Board of Selectmen (BOS) reviewed the plans and found nothing amiss. It was the consensus of the Board to concur with the Selectmen’s support of the plans.
Application Addition
Mr. Healey noted that all site plan review and subdivision applications will now include space for the applicant’s email address as well as telephone number and fax number.
Whitethorn Development Roadway
Mr. Healey shared a letter from Lou Caron concerning the Whitethorn Development regarding, at the request of the highway department, his review of the conditions of the development’s roadway.
CASE: Case 2013-008: final – Site Plan Review – DRED/Agent: Mount Sunapee Resort – attn: Jay Gamble. Looking to expand the competition center. 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 to expand the competition center for property located on Route 103, Newbury, NH, Tax Map 013-386-092-000A on Tuesday, May 21, 2013, at 7:15pm 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 application was reviewed for completeness.
Mr. Vannatta made a motion to accept the application as complete. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Jay Gamble, vice president and general manager, Mount Sunapee Resort, agent, presented to the Board. Mr. Gamble introduced Sheldon Pennoyer of Sheldon Pennoyer Architects, and Charlie Hirshberg, CLD Consulting Engineers, as the project’s designer and engineer respectively.
Mr. Gamble presented new drawings to the Board, saying the building has been raised by six (6) inches to improve drainage. He added that the back patio has been raised by 18 inches to minimize the cut into the slope and improve short- and long-term drainage. He added that the required number of drawings have been made for the town records and shared one new drawing with the Board for review.
Mr. Gamble said the Competition Center building at Mount Sunapee was originally built in 2004 and primarily serves as a clubhouse for the Alpine Racing program in the winter. The program has grown from 200 children and teenagers to the maximum number of 400 participants and the existing building is too small.
The plans call for adding an L-type section to the existing building and additional handicap-accessible restrooms for men and women. The finished building will be handicapped accessible on the lower level. Mr. Gamble said the plans call for an addition of 1,554 square feet to the existing building which is 1,849 square feet. He added that there will be no food service and no truck deliveries made to the building. Additionally, all current utilities will be sufficient to service the proposed addition.
Mr. Smith noted that the addition, when finished, does not allow for handicap accessibility to all parts of the building. Mr. Pennoyer said the proposed design includes handicap accessibility to the bathrooms and the part of the building accessed by the front door. Mr. Smith asked if that met with code. Mr. Pennoyer said yes. Mr. Smith said the design does not allow for handicap accessibility to the terrace. Mr. Pennoyer said that is correct but the terrace is a limited-use portion of the building and is included primarily to deal with the steep grade at that location on the site. He added that the main use for the building is as a warming hut and for bathroom use.
Ms. Ruppel said departmental and board sign-off sheets surfaced no concerns with the exception of comments raised by the Newbury Conservation Commission (NCC). The NCC had two concerns regarding the application as follows: (1) the capacity of the septic lagoons will be increased, and; (2) is a letter of septic approval needed from the NH Department of Environmental Services (NHDES).
Mr. Gamble said the septic lagoon has a five-year permit from NHDES and 2013 is the renewal year. He read from a letter on file with the town written by Mount Sunapee Resort’s engineering firm that conducted a review of the septic lagoon which stated the engineering firm “has found that the capacity of the septic lagoons and spray fields are adequate for both the current level of skier visits and the foreseeable future levels of skier visits expected at Mount Sunapee. The lagoon has an active storage capacity of 5.48 million gallons.”
Mr. Gamble said the system was originally designed to handle an equal amount of effluent input and treated output. The Resort’s five-year average is 3.3 million gallons of output but only 1.2 million gallons of effluent input. He noted that there is a full one million gallons of potential capacity in the lagoon which is more than adequate.
Mr. Geddes noted that adding two bathrooms doesn’t mean an increase in overall septic usage. Rather, it means existing users will now have restroom access at the Competition Center instead of having to use facilities in another building.
Mr. Weiler pointed out that the low number for the five-year average of effluent input points to the effectiveness of the low-flush toilets that were installed when the Resort initially leased the area from DRED.
Ms. Ruppel asked if the stormwater runoff will follow the town’s stormwater runoff regulations. Mr. Gamble said yes.
Mr. Hirschberg said the plans have simplified the stormwater runoff impact by nestling the building into the existing slope, modifying the floor level and placing the steps inside the building. He added that all roof runoff will go into the planned drainage system.
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 and called for a motion to vote on the application.
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. Smith, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Mr. Healey informed the applicant that he or any party directly affected by this decision may appeal to the proper Board within thirty (30) days of this decision.
Mr. Gamble submitted to the Board the upgraded narrative and map of the Aerial Challenge course and said he will follow up with the Land Use Coordinator to ensure that the materials have been placed in the file.
Mr. Vannatta noted that Mr. Gamble recently received an award from the NH Business & Industry Association in Concord. The Board congratulated him.
CASE: Case 2013-006: Preliminary – Site Plan Review – Baker Hill Golf Club/Agent: Rick Flint. Wants to discuss their proposal to remove the existing cart barn and build a new multi-use building with expanded cart storage, additional locker space and operational use areas. Map/Lot 038-758-501.
Mr. Healey noted that this case was opened at 7:45 p.m. He added that, normally, the Public Notice would be read at this time. However, due to a clerical error in the abutter notifications, the case has been rescheduled to be heard by the Planning Board on June 4, 2013 at 7:05 p.m. without prejudice. Mr. Healey noted that all abutters and applicable newspapers have been notified with the new date and time.
Lake Sunapee Protective Association (LSPA) Presentation
June Fichter, LSPA executive director, and Robert Wood, associate director, met with the Board to update members on LSPA’s activities. Included in the presentation was the newly formed LSPA Watershed Management Committee (WMC) which is looking into strategies on how town regulations may be improved to better protect the Lake Sunapee watershed. Committee members include LSPA board members, consultants, foresters, town road agents, engineers, representatives from the tri-town area along with members of the regional planning commissions. It was noted that the committee is interested in input from the town Planning Board and welcomes their guidance.
Mr. Wood discussed two past projects that have a direct impact on each of the three towns surrounding Lake Sunapee – the Lake Sunapee Watershed Management Plan, and the NOAA –funded Stormwater Infrastructure project. Both projects surfaced critical data regarding the impact of stormwater runoff that the WMC is using as a base for possible future suggestions concerning strengthening town ordinances.
Additional topics discussed included the importance of Low Impact Development (LID) and an update on the invasive species heading to NH. Mr. Wood described LSPA’s campaign of “Clean, Drain, Dry” aimed at educating boaters on the risk of transporting these invasive species into NH lakes and how to prevent that from occurring. Ms. Fichter and Mr. Wood discussed the ecological severity facing lakes and area water bodies from these invasive species.
Ms. Fichter noted that a boat wash (similar to a drive-through car wash) is a good way to ensure the removal of invasive species from boats and kayaks. She added that these species can “kill” a lake which has a direct effect on tourism and local economies.
Discussion followed.
Mr. Geddes asked if invasive species could be introduced via fish bait brought in from other lakes. Mr. Wood said yes, that is possible.
There was general discussion about the presence of native milfoil in Lake Sunapee and LSPA’s successful efforts to contain its spread. Additional discussion included the ongoing litigation surrounding the Wild Goose Boat Ramp project.
ADDITIONAL BUSINESS
The Board reviewed and signed the revised site plan for the Mount Sunapee Resort Aerial Adventure Park.
The Board reviewed and signed the revised site plan for the Newbury Harbor Plaza.
Tackle Shack/Site Plan Review Discussion
Mr. Healey read into the record the following email received from Dale Sandy, owner of The Tackle Shack:
Sent: Friday, May 17, 2013 6:13 PM
Subject: U-Haul at the Tackle Shack
Bruce,
Paul was approached by someone on the planning board saying The Tackle Shack did not have permission to operate U-Haul out of our location because it was a separate business. I mention we also have rented rug cleaners through Rug Doctor for 2 years and it works exactly the same as U-Haul. Paul said that didn't matter because it doesn't take up parking spaces??? He mentioned that I should go in and speak with Denise.
Denise wasn't sure what the problem was and suggested that I email you. Is it just a matter of putting it on file or asking for permission? I got the idea of doing U-Haul from Jon who did it at this location for about a year in 2001. He had to stop because it was busy enough to interfere with his main business.
There is definitely a need for this service in this area. We have been busy since the day we started. I make sure to park the trucks in the back and only the smaller ones and trailers on the side. They don't interfere with any of our customer parking.
When I went in to see Denise, Paul happened to be their as well and we did look back in the records and could not find where Jon got permission to run a U-Haul service either.
I searched the documents on the town's web site to see what we needed to do but couldn't find anything relating to something like this.
I'm still not sure what exactly needs to be done! Would you be willing to let us know what we need to do to continue providing the U-Haul service out of our location?
Thank you!
Dale Sandy
The Tackle Shack, LLC
(603) 763-5508
894 Route 103
Newbury, NH 03255
Mr. Healey suggested that the Board request from Mr. Sandy a conceptual for the newly added business, the U-Haul rental, since that was not included in Mr. Sandy’s business description when the site plan review was waived by the Board on December 18, 2012.
There was significant discussion about what constitutes a change of use and what requires a site plan review.
The Board requested that Ms. Ruppel confer with town counsel regarding the above. Additionally, Mr. Weiler requested that Ms. Ruppel research the definitions of retail sales and retail services nationwide.
The Board agreed that a letter should be sent to Mr. Sandy requesting further information on his U-Haul business, specifically, (1) the number of parking spaces dedicated for U-Haul vehicles, (2) the internal square footage of the building, (3) the number of parking spaces dedicated for The Tackle Shack customers, and (4) the total parking spaces capacity on site.
Mr. Geddes made a motion to adjourn. Mr. Smith seconded the motion. All in favor.
Meeting adjourned at 9:10 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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