Planning Board
January 21, 2014
Approved April 15, 2014
Members Present: Bruce Healey, Chair; Tom Vannatta, Vice-Chair; Ron Williams, Bill Weiler, Russell Smith, Members.
Mr. Healey called the meeting to order at 7:00 p.m.
Public Hearing on Proposed Site Plan Review/Subdivision Regulation Amendments
Mr. Healey read into the record the following Public Notice:
Notice is hereby given that the~Newbury Planning Board~will conduct a~public hearing~on~Tuesday, January 21, 2014~at~7:00 P.M.~in the~Newbury Town Office Building, Route 103, Newbury, N.H.~to receive public input on amendments to the Land Subdivision Control Regulations and the Regulations for Site Plan Review proposed by the Planning Board. The Planning Board proposes to amend~Section 3.8 of the Land Subdivision Control Regulations and~Sections 6.6, 10.5 and 13.5 of the Regulations for Site Plan Review~to delete the notification requirement for landowners whose property is located within 200 feet but who do not meet the definition of an abutter. Copies of the full text of the amendments proposed by the Planning Board are available in the Town Office Building, Route 103, Newbury, NH.
There being no questions or discussion from the Board, Mr. Healey opened the hearing to the public.
There being no public present, Mr. Healey asked the Board for permission to suspend the hearing for 30 minutes or until a member of the public appears. The Board agreed.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of September 11, 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 September 17, 2013 and made corrections. Mr. Vannatta made a motion to approve the minutes as corrected. Mr. Weiler seconded the motion. All in favor.
The Board reviewed the minutes of October 15, 2013 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Vannatta seconded the motion. All in favor.
CASE: Case 2013-011: Final Review - Lot Line Adjustment - Lally & Hall/ Agent: Thomas Dombroski. Map/Lot 020-267-304 & 020-265-286
Mr. Healey read into the record the following Public Notice:
Notice is hereby given that the Planning Board will receive submission of an application for a Final Hearing for a Lot Line Adjustment from~Anne and Thomas Lally & William and Donna Hall, for property located on Newbury Heights Road, Newbury, NH, Tax Map 020-267-304 and 020-265-286 on~Tuesday, January 21, 2014, at 7:15 p.m.~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.
Mr. Healey noted that the application was accepted as complete on August 20, 2013 and the only addition to the application was the inclusion of three variances from the Zoning Board of Adjustment for non-conformity in frontage, setback and acreage. The applicant received all three variances from the ZBA.
Tom Dombroski, agent, said the application is the same as it was on August 20, 2013.
Mr. Healey noted that Ms. Ruppel requested that the plan include notation of a walkway. Mr. Weiler suggested labeling the walkway on the mylar with an arrow pointing to it so there is no confusion between the walkway and the ROW on the mylar since they are both indicated with broken lines. Mr. Dombroski agreed.
There being no further questions from the Board, Mr. Healey opened the public portion of the hearing.
There being no public present, Mr. Healey closed the public portion of the hearing and the Board went into deliberations.
There being no further discussion from the Board, Mr. Healey called for a motion to vote.
Mr. Weiler made a motion to approve the Lot Line Adjustment for Lally/Hall as presented with the addition of a walkway notation on the mylar. Mr. Williams seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Williams, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Mr. Healey advised Mr. Dombroski that the applicant or any party directly affected by this decision may appeal to the proper Board or Superior Court within thirty (30) days of this decision.
Mr. Dombroski asked about town ordinances regulating driveways for a subdivision. Mr. Weiler said there are no regulations specifically for driveways but the applicant must show the proposed logical place for entrance to the lots.
Public Hearing on Proposed Site Plan Review/Subdivision Regulation Amendments, continued
Mr. Healey ended the suspension of the public portion of the hearing at 7:55 p.m.
There being no public present, Mr. Healey closed the public portion of the hearing and the Board moved into deliberations.
There being no further discussion from the Board, Mr. Healey called for a motion to vote.
Mr. Weiler made a motion to approve the Site Plan Review/Subdivision Regulation Amendments as presented. Mr. Vannatta seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Williams, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
ADMINISTRATIVE BUSINESS, continued
Update: Lori Champagne v. Town of Newbury Planning Board
Mr. Healey told the Board that town counsel informed him that Ms. Champagne is representing herself in this case and that her neighbor, the Lights, have hired a lawyer to intervene. Town counsel indicated that, with the Lights’ lawyer involved, the matter will hopefully be resolved without involving the Planning Board.
Update: Code Enforcement Officer (CEO)
Mr. Healey noted that a joint meeting was held between the town administrator and the chairs of the Planning Board, Zoning Board of Adjustment and the Newbury Conservation Commission regarding the need for more hours for the Code Enforcement Officer (CEO). The meeting was a result of concerns raised at the December 11, 2012 joint meeting of the PB, ZBA, NCC and the Board of Selectmen that the CEO did not have enough time to address the increased complexities facing code enforcement, particularly the environmental aspects of the shoreland regulations.
Mr. Healey said the BOS and the Budget Committee approved increasing the CEO’s weekly hours from 16 hours to 24 hours and to conduct training and support for the enforcement of the shoreland and other environmental regulations affecting development.
CASE: Case 2013-016: Final Review – Site Plan Review- Newbury Plaza LLC/ agent:
Athanasios Katsanos. Wants to have PSNH install two (2) lighting fixtures to service pole
located on property to illuminate the parking area. T ax Map/Lot 020-200-298.
Mr. Healey read into the record the following Public Notice:
Notice is hereby given that the Planning Board will receive submission of an Application for a Site Plan Review from Newbury Plaza LLC to install two (2) lighting fixtures to the service pole located on property to illuminate the parking area located at 976 Route 103, Newbury, NH, Tax Map 020-200-298 on Tuesday, January 21st, 2014, at 7:45 p.m. 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. Weiler seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Williams, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Mr. Healey noted that the submitted abutter list contained an inaccuracy that Mr. Katsanos should have handled. It was corrected by the Land Use office to ensure that the hearing could take place this evening. Mr. Katsanos apologized to the Board.
Mr. Katsanos presented to the Board. He said the lights will have smaller bulbs with white light in order to provide more light for safety. He added that if the beam rays need adjusting, PSNH will do that. PSNH will install the two lights.
Mr. Weiler requested that the data sheet describing the lights that was in the conceptual application be included in this application.
Mr. Healey noted that the submitted plans were plans that were not just for this lighting request but were plans that had been drawn up for a previous application.
There was significant discussion regarding whether Mr. Katasanos should submit new plans specific to the application request.
The Board agreed that Mr. Katasanos could use the smaller of the two submitted plans and make a number of modifications to that plan to reflect this application. The modifications included changing the General Notes section on the plan to include a new Purpose Statement and a specification statement regarding the height of the lights from road level. Additional changes to the plan include a description of the two light fixtures, correction to the Additional Abutters list, and a signature block. Said modifications would be listed as conditions precedent in the motion to vote.
There being no further questions from the Board, Mr. Healey opened the hearing to the public.
There being no public present, Mr. Healey closed the public portion of the hearing and the Board moved into deliberations.
There being no further discussion from the Board, Mr. Healey called for a motion to vote.
Mr. Weiler made a motion to approve the installation of two PSNH (2) lighting fixtures
to the existing service pole located on the Newbury Plaza property to illuminate the
parking area with the following conditions precedent:
- On the plan, correct the General Notes to include a new purpose statement stating the following: “The purpose of this plan is to show two (2) PSNH lighting fixtures illuminating the parking lot.”
- On the plan, correct the General Notes to include a specification indicating the height of the lighting fixtures on the pole from road level;
- On the plan, a statement describing the two lighting fixtures as follows: “Two (2) PSNH outdoor security flood lights, lamp type metal halide, lamp wattage 250.”
- On the plan, correct the Additional Abutters list to include Newbury Elderly Housing, Inc. instead of Clark Davis 2000 Revocable Trust.
- On the plan, include a signature block.
Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Williams, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Mr. Healey advised the applicant that he or any party directly affected by this decision may appeal to the proper Board or Superior Court within thirty (30) days of this decision.
ADDITIONAL BUSINESS
Site Plan Review Regulations Review
Mr. Healey suggested scheduling a work session meeting to review the changes to the
proposed Site Plan Review regulations submitted by town counsel. The Board agreed.
Mr. Healey said he will contact the Board with several possible meeting dates.
Review Tackle Shack Case File. Case # 2012-014
This item was tabled until a future meeting.
Committee to review Zoning Ordinance - Article 17 - (Personal Wireless Service
Facilities)
This item was tabled until a future meeting.
Mr. Smith made a motion to adjourn. Mr. Williams seconded the motion. All in favor.
Meeting adjourned at 8:49 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
| 
