Planning Board
November 19, 2013
Approved December 17, 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 7:04 p.m.
Mr. Healey appointed Mr. Geddes as a voting member for this meeting in place of Ron Williams who is absent.
ADMINISTRATIVE BUSINESS
Minutes
There were no minutes available for review. The Recording Secretary informed the Board that the backlog of minutes will be completed by the end of the year.
Public Notice Procedures
Mr. Healey discussed the current procedures concerning posting and publishing Public Notices, noting that several errors have occurred in the past three years regarding same. He proposed reviewing the procedures and modifying them to ensure such errors do not occur in the future. The Board agreed.
CASE: Case 2013-014: Kenneth Donaghey & Donald Lemay, Conceptual for a lot line adjustment, TaxMap/Lot # 19-054-086 & 19-056-105.
Donald Lemay was present to discuss the Conceptual with the Board.
Mr. Lemay said Kenneth Donaghey owns the lot next door and last year Mr. Lemay paved his driveway and inadvertently paved over a corner of Mr. Donaghey’s property. The portion that was paved over measures 6-feet by 6-feet by 8-feet. Discussion followed.
The Board concluded that Mr. Lemay could handle the situation one of two ways: (1) apply for a variance since a lot line adjustment to accommodate the 6 x 6 x 8-foot section would make Mr. Donaghey’s lot, which is a non-conforming lot, more non-conforming; or, (2) obtain an easement from Mr. Donaghey. Mr. Lemay said he is considering purchasing Mr. Donaghey’s lot.
Mr. Lemay said he will discuss the alternatives with Mr. Donaghey.
Pre-conceptual Discussion: Wendy Morse to discuss proposed plans for developing her property at 131 Grace Hill Road, Newbury, prior to applying for a building permit.
Ms. Morse said she is part owner of her mother’s property at 131 Grace Hill Road and the lot in question has a tax valuation of $1.2 million which has been abated to $700,000. She said it contains a great deal of wetlands. She wants to either have the 2.35-acre lot abated as non-buildable or designated as buildable.
The Board discussed whether this issue falls under the Planning board’s jurisdiction.
Ms. Morse claims that the wetlands are caused by runoff originating from a neighbor’s property and said neighbor is diverting the water onto her property. Mr. Weiler suggested that Ms. Morse have a lawyer look into the matter. He added that the NHDES Wetlands Bureau would be the agency who could help her determine the presence and extent of wetlands on her property.
Discussion followed regarding the possible source of the water on Ms. Morse’s property.
Ms. Morse said that over the decades the dense forest that existed on the property has died down significantly, which may be an indication that sub-surface water has developed.
Mr. Powell said that in order to have the lot abated as un-buildable, a building permit application must be denied by the Code Enforcement Officer.
Mr. Weiler suggested that Ms. Morse contact the NHDES Wetlands Bureau to determine the presence of wetlands. He added that if she intends to build on the lot, the Newbury shoreland regulations must be followed.
Ms. Ruppel said Ms. Morse may apply for an Integrated Lands Management Permit from the DES which covers wetlands and shoreland protection.
Discussion followed regarding access to the property.
ADDITIONAL BUSINESS
Planning Board Rules of Procedure Draft Amendments
The Board reviewed the proposed amendments regarding a re-ordering of the Rules of Procedure and adjusting the PB’s current public hearing procedures to match the state regulations.
There being no questions from the Board, Mr. Healey called for a motion to vote.
Mr. Weiler made a motion to accept the proposed amendments to the Rule of Procedure as presented. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Dezotell, Mr. Healey, Mr. Smith
Opposed: None
Legislative Actions Pertaining to the Planning Board
This item was tabled until the Board’s next meeting.
Joint Meeting of the BOS, PB, ZBA and NCC
Mr. Healey invited the Board to attend a joint meeting of the Board of Selectmen, Planning Board, Zoning Board of Adjustment and Newbury Conservation Commission to discuss matters of concern to the BOS. Hosted by the PB, the joint meeting is scheduled for December 11, 2013 at 7:00 p.m. and will cover issues related to the road in the Whitethorn subdivision development in Newbury. Discussion followed concerning appropriate road construction and who is responsible for bringing the Whitethorn road into compliance.
Mr. Powell noted that the road issue is the developer’s responsibility, not the town’s, but the town wants to help resolve the issue. With that in mind, he asked for the PB’s approval to hire another engineer, Mike Vignale, K.V. Partners, to examine the road situation in the Whitethorn subdivision.
Mr. Weiler made a motion that the Planning Board authorizes hiring Mike Vignale as the engineer to investigate the Whitethorn subdivision road situation. Mr. Dezotell seconded the motion. Discussion followed regarding the town assuming ownership of the road and what must occur before that happens.
There being no further discussion by the Board, Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Weiler, Mr. Vannatta, Mr. Dezotell, Mr. Healey, Mr. Smith
Opposed: None
There was further general discussion regarding the Whitethorn subdivision road, road construction in general, and what is needed to bring the subdivision road into compliance.
Mr. Dezotell made a motion to adjourn. Mr. Smith seconded the motion. All in favor.
Meeting adjourned at 8:18 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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