Planning Board
June 18, 2013
Approved July 16, 2013
Members Present: Bruce Healey, Chair; Ron Williams, 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 7:00 p.m.
Mr. Healey appointed Mr. Geddes as a voting member for this meeting in place of Mr. Vannatta.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of April 16, 2013 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Smith seconded the motion. All in favor.
The Board reviewed the minutes of May 21, 2013 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Smith seconded the motion. All in favor.
CASE: Case 2013-009: Conceptual – Site Plan Review- Newbury Plaza LLC/ agent: Village Sports LLC. Wants to set up a paddleboard rental business between the parking area and Route 103. Map/Lot 020-200-298.
Artie Katsanos, property manager, Newbury Plaza LLC, and John Kiernan, owner, Village Sports LLC, were present to meet with the Board.
Mr. Katsanos, agent, said Mr. Kiernan wants to set up a stand up paddleboard rental and lesson business in the green space between Bubba’s restaurant and the main sign for the Newbury Plaza. Nighttime storage of the paddleboards will be under Lake Sunapee Bank. There will be six paddleboards, paddles, PFDs and leashes and all paddleboards will be carried across Route 103 to the harbor by staff members of Village Sports. Mr. Katsanos said the hours of operation will be 10 a.m. – 6 p.m. daily and lessons will be available by appointment. Anticipated customers are 10 to 20 per hour. He added that an application for a sign permit has been submitted to the Board of Selectmen.
Mr. Dezotell commented that this is the fastest-growing paddle sport. Mr. Smith asked where the boards would be launched. Mr. Katsanos said from the public dock and beach area. Mr. Smith expressed concern for the safety of the children swimming in the harbor area. Mr. Katsanos said the launch area will be closest to Bubba’s where the water is knee deep.
Mr. Dezotell noted that kayaks and canoes currently launch in that area safely and this proposed paddleboard rental business is a low-impact use of an area that is already being used by non-motorized water craft.
Mr. Healey noted that this is a seasonal activity and one that is exploratory in nature in terms of whether or not there is a strong interest from the public. He added that this may be considered a vendor activity. Mr. Powell agreed and questioned whether the Board needs to get involved. Mr. Weiler agreed. Mr. Powell suggested that the applicant meet with the Board of Selectmen (BOS) and the Code Enforcement Officer (CEO) regarding any safety issues and for the sign permit.
Mr. Geddes asked about the use of the PFDs. Mr. Kiernan said all customers 12-year and younger must wear a PFD; for customers 12-years and older, the PFD must be on board the water craft, per the regulations of the marine patrol.
There was further general discussion about the proposed business activity. The Board reached consensus that the applicant should meet with the BOS and the CEO as noted above.
CASE: Case 2013-010: Conceptual – Site Plan Review- Patricia Murry/ owner; Dale Sandy, agent: The Tackle Shack. Wants to add U-Haul Rentals to his retail business. Map/Lot 020-079-136.
Dale Sandy, agent, was present to meet with the Board.
Mr. Healey reviewed the situation to date, noting that Ms. Ruppel consulted with legal counsel regarding what Board action – if any – should be taken in response to Mr. Sandy’s decision to add a U-Haul rental business to his existing Tackle Shack retail business without notifying the Board of same.
Mr. Healey read into the record the following:
June 5, 2013, Mr. Dale Sandy, 894 Route 103, Newbury, NH 03255
RE: The Tackle Shack, LLC
Dear Mr. Sandy:
The Planning Board requests that you come before the Board for a Conceptual Review of your U-Haul vehicle and trailer rental business on the premises of The Tackle Shack at 894 Route 103 (Map/Lot 020-079-136). The Conceptual Review will allow the Planning Board to learn more about the nature and scope of the U-Haul business and make a determination as to whether Site Plan Review is required, under Sections 3.1.3 and 3.2 of the Site Plan Review Regulations.
The U-Haul vehicle and trailer rental business is considered a change of use and site layout, as it was not reviewed during The Tackle Shack’s Conceptual Review meetings with the Planning Board to operate a “fishing, tackle and hunting supply store” (November 20, 2012 and December 18, 2012). Per Section 3.2., “The Planning Board is responsible for interpreting whether or not a Site Plan Review is required for a particular development, change of use or change in site layout.”
The new U-Haul business changes the layout and uses of the site and may involve changes in traffic flow or parking. Under Section 3.1.3, Site Plan Review is required for “a change in use or layout of multi-family or non-residential property or building(s) which involves changes in traffic flow; parking; drainage; water, sewer or other utilities; fuel storage; or toxic material storage.”
The Board requests the following information in order to make an informed decision:
- A completed application for Conceptual Review (form is enclosed)
- A general sketch of the site, showing the existing building’s dimensions and the number of parking spaces used for The Tackle Shack as well as the area used by the new U-Haul business (a hand-drawn sketch on a print-out of the property tax map is sufficient);
- Anticipated number of rental vehicles and equipment for the U-Haul business; and
- Anticipated hours of operation for the U-Haul business.
The Board’s next meeting will be held on Tuesday, June 18, 2013. To be placed on the agenda, please file a Conceptual Review application form, together with the information outlined above, with Denise Sherrill at the Land Use Office one week prior to the meeting (by June 11, 2013). The one-page application for Conceptual Review is enclosed. If you can't be ready for the June 18 meeting, please file a Conceptual Review application, together with the information outlined above, one week prior to the Board's next meeting on July 16.
Sincerely,
Bruce E. Healey, Chair
Newbury Planning Board
Enc: Application for Conceptual Review – Site Plan Review
CC: Paul LaCasse, Code Enforcement Officer
Board of Selectmen
Case File # 2012-014
Mr. Healey added that the above letter was in response to both Mr. Sandy’s May 17, 2013 email requesting guidance on what he should do regarding the Board’s concerns (see Planning Board Final Minutes, May 21, 2013), and to the Board’s decision to request a conceptual presentation for the U-Haul business.
Mr. Sandy said he anticipates having 10 to 12 U-Haul vehicles on the property and there are typically six trucks and trailers on site on a daily basis. The hours of operation are Monday – Friday 7 a.m. – 6 p.m.; Saturday 6:30 a.m. – 5 p.m.; and Sunday 6:30 a.m. – 4 p.m. He said he got the idea from the previous owner (Transmedic) and he is viewing the income as a way to cover overhead costs.
Mr. Weiler asked about the parking requirements for this kind of business. Ms. Ruppel said the Tackle Shack retail business must have four standard parking spaces for every 1,000 square feet of building space.
Mr. Sandy said there are nine parking spaces for 2,460 square feet of building. He described the U-Haul business for the Board, noting that U-Haul manages the vehicles closely and keeps a rapid turnover.
Mr. Healey asked if there could potentially be an unlimited number of vehicles on the site. Mr. Sandy said yes, but that is unlikely because U-Haul wants to keep the vehicles rented and on the road.
Mr. Weiler asked about the financial arrangement with U-Haul. Mr. Sandy said he receives a percentage of every rental.
Mr. Powell asked if the business is primarily a walk-in business or on-line. Mr. Sandy said most reservations are made on line. Mr. Powell asked about the volume of business. Mr. Sandy said it varies greatly but the weekly average so far is 12 to 15 truck and trailer rentals.
Mr. Dezotell noted that vehicle rental businesses like this typically estimate rental business based on a rolling occupancy in the area.
Mr. Healey asked if U-Haul controls the number of vehicles on site. Mr. Sandy said yes and if a customer wants a vehicle that he does not have on site, U-Haul will send the customer to a location that does have the vehicle.
Mr. Geddes asked if Mr. Sandy intends to offer U-Haul boxes and packing materials. Mr. Sandy said he is considering adding that. Mr. Geddes asked how many other U-Haul rental locations there are in the vicinity. Mr. Sandy said there are locations in Andover, Bow, and Claremont.
Mr. Powell asked about signage. Mr. Sandy said he has a sign and will bring in a photo of same to the Board of Selectmen.
Mr. Williams asked if Mr. Sandy intends to rent campers and pop-ups. Mr. Sandy said no.
Mr. Weiler said the Board does not have a site plan for the Tackle Shack and therefore there isn’t a site plan that can be amended to reflect this additional business.
Mr. Healey noted that in December 2012 the Board requested that Mr. Sandy submit two items: (1) a written summary of the business plan for the Tackle Shack at the new location; and (2) a structure plan for improvements to the property. Mr. Healey stated that, to date, Mr. Sandy has not complied with the Board’s request.
Mr. Sandy said he emailed his business plan to the Land Use Coordinator in December 2012. Mr. Healey said the document is not in the file. Mr. Sandy said he is still developing the structure plan. He said he can update and resubmit the executive summary business plan via email. Mr. Healey said he will follow up on that to ensure it has been done.
Mr. Powell indicated that Mr. Sandy should write down everything he plans to do to the building and include time estimates for completion.
Mr. Sandy asked if there is a town employee who can do a site plan. Mr. Weiler suggested contacting a person who does site plans regularly, find out what is needed and what the cost would be. The Board shared the names of several professionals who would be helpful in this area.
Ms. Ruppel noted that a structure plan is a floor plan with elevations and added that 5-inch by 7-inch photos of the building exterior would be adequate to show the building elevations.
There being no further comments from the Board, Mr. Healey called for a motion to vote.
Mr. Dezotell made a motion that a site plan review was not required because the business expansion did not create a change in traffic flow or parking spaces. Mr. Williams seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Dezotell, Mr. Smith, Mr. Williams, Mr. Weiler, Mr. Powell, Mr. Healey
Opposed: None
ADDITIONAL BUSINESS
Baker Hill Golf Club Site Visit
Mr. Healey suggested that the Board make a site visit to the Baker Hill Golf Club to review the placement of the proposed new multi-use building that will replace the existing cart barn. The Board agreed and a date will be set prior to the final site plan application hearing on July 16, 2013.
Keelin Wellness Studio
Mr. Weiler noted that Keelin Wellness Studio has expanded its business to include the real estate portion of the building and asked about the regulation governing the stated use for a real estate business – is it an office or is it retail sales. Ms. Ruppel said she will check with the Land Use Coordinator regarding the original site plan and will follow up.
Review of Site Plan Review Regulations Amendments
There was extensive general discussion about site plan review regulations, the master plan, and developing a comparative study of same with other similar-sized towns.
Mr. Weiler gave an overview of the proposed amendments to the site plan review regulations. Mr. Healey suggested that the Board devote a work session to begin an in-depth review of the proposed changes, adding that he would like to have the proposed changes fully reviewed and agreed upon within three months. The Board agreed, with the date of the work session to be determined.
Mr. Dezotell made a motion to adjourn. Mr. Smith seconded the motion. All in favor.
Meeting adjourned at 9:13 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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