Planning Board
March 18, 2014
Approved April 15, 2014
Members Present: Tom Vannatta, Vice-Chair; Bill Weiler, Russell Smith, Members; Deane Geddes, Alternate.
Ron Williams, Member, arrived at 8:00 p.m.
Mr. Vannatta chaired the meeting in Mr. Healey’s absence.
Mr. Vannatta called the meeting to order at 7:04 p.m.
Mr. Vannatta appointed Mr. Geddes as a voting member for this meeting.
Mr. Vannatta noted that the agenda calls for a public hearing on Planning Board (PB) site plan review regulations but delayed opening the hearing to review a letter sent to the PB from the Board of Selectmen (BOS) dated March 11, 2014. Mr. Vannatta read the letter into the record as follows:
March 11, 2014, To: Newbury Planning Board
After careful review and consideration, the Board of Selectmen recommends that the Planning Board delay implementation of the proposed site plan review revisions. The Board [the Selectboard] feels that these changes need further discussion and possible revision before they are implemented.
Signed by James M. Powell, Richard Wright, and Gary Budd
Mr. Vannatta said, unfortunately, Mr. Powell is not present this evening. Mr. Vannatta added that the BOS letter provides no grounds (other than a recommendation) for the PB to comply with the BOS request. The letter does not identify any Article or any portion of the proposed site plan review regulation changes that is problematic.
Mr. Vannatta said that Selectman Richard Wright is in attendance and requested that Mr. Wright explain the BOS letter to the PB.
Mr. Wright said he had a lot of questions, namely what is the problem with the current site plan regulations and asked the PB to explain the problems to him. Mr. Vannatta said the PB was requesting an explanation of the specific objections to the proposed regulation changes and the reason for requesting a delay for implementation. Mr. Vannatta noted that the hearing has not been opened and that this was a request for information to clarify the purpose of the letter from the BOS.
Mr. Wright said he would wait until the hearing was opened and that he would make a statement and then ask his questions. Mr. Vannatta said the PB was merely trying to ascertain the reason for the BOS letter and to obtain clarity regarding the concerns of the BOS.
Mr. Wright said he found it quite irregular to ask for input from the audience before you open a hearing so it automatically doesn’t become part of the record. Mr. Vannatta reminded Mr. Wright that he is being called upon as a Selectman who signed the BOS letter. Mr. Wright said that is correct. Mr. Vannatta added that if the PB moved not to proceed based upon the BOS’ request we would not have a hearing.
Mr. Wright said there are a lot of problems with the proposed regulations. He said they are far-reaching and much more than the town really needs. He said they just don’t fit the Town of Newbury. He added that they appear to be a cut-and-paste from a number of big cities and towns that don’t apply to us. He said the proposed changes don’t fit into the topography of the land and, in many cases the requirements cannot be met because of topography.
Mr. Wright added that the way the changes are written, there are a lot of feedback loops and if the PB as a group decides they don’t want someone they can send them off packing for months on end with endless questions, adding that the PB has done just that to applicants in the past. He said the changes are not a fair way to deal with people who want to start a small business and it is structured to keep big corporations out of town which is OK. However, he said these changes put so many barriers in the way that the little guy can’t even start – or even think – about building a business in town. He added that if the PB wants to discourage business, this is the way to go.
Mr. Wright continued, adding that he would hate to say that this Board’s intent is to discourage small business. He said his feeling is that small business is a benefit to the town because they don’t necessarily require the services that a family might require. He continued, saying that the other consideration that the PB is not thinking of (because it doesn’t involve the PB) is that the more regulations that are put in place, the more the BOS has to deal with non-compliance and enforcing the regulations. He said people ignore regulations.
Mr. Wright said there should be a philosophical discussion of where we want this town to go and that it shouldn’t be a group of five or six people who determines the destination of this town. He added that he didn’t think even five or six PB members were involved in writing the proposed regulation changes. He added that he feels that it is a great injustice to the people of the Town of Newbury.
Mr. Vannatta thanked Mr. Wright for his comments.
Mr. Weiler commented on the BOS letter saying that to postpone the hearing, to deprive the public from giving their input, and then give the BOS time to give their input in private is wrong.
Mr. Vannatta suggested that the BOS letter be considered a communication to the PB regarding the scheduled hearing and that the Board accepts it on that basis. The Board unanimously agreed.
Mr. Vannatta opened the hearing and read into the record the Public Notice as follows:
Notice is hereby given that the Newbury Planning Board will conduct a public hearing on Tuesday, February 18, 2014 at 7:00 P.M. in the Newbury Town Office Building, Route 103, Newbury, N.H. to receive public input on a comprehensive revision and update of the Regulations for Site Plan Review proposed by the Planning Board. The proposed amendments include but are not limited to: the purpose of the regulations, criteria for developments requiring Site Plan Review, Board procedures, application requirements, establishment of a Minor Site Plan Review process, Developments of Regional Impact, design standards for landscaped open space and exterior lighting, waivers, period for construction, Site Review Agreements for large projects, security for construction,
inspections, and Certificates of Use and Occupancy. Copies of the full text of the amendments proposed by the Planning Board are available in the Town Office Building, Route 103, Newbury, NH.
Mr. Vannatta reviewed the hearing procedure with the Board and the audience, noting that each Article will be considered separately by the Board and then opened to the Public for comment.
Articles I and II: Mr. Vannatta asked the Board for comments. There being none, he opened the hearing to the Public. There was no comment from the Public.
Article III: Mr. Vannatta asked the Board for comments. There being none, he opened the discussion to the Public.
Mr. Wright said he had not seen the proposed red-lined changes to the site plan review regulations. The Recording Secretary said copies of same have been available outside the office window of the Land Use Coordinator for several weeks. Additionally, all proposed changes have been available on the website.
Ruth Fleming, Old Post Road, Newbury, asked if a cottage industry designation stays with the property if there is a change in ownership or tenancy. Mr. Weiler said yes, it does.
Mr. Smith noted that the hearing will apparently be an unexpectedly long one and suggested that the Board close the public hearing while the scheduled conceptual application is presented and then reopen the hearing.
Mr. Vannatta noted that it appears that the Public present is reading the proposed regulation changes for the first time in spite of the fact that the material has been available for 21 days.
Ms. Fleming expressed concern that the Board was railroading the public to choose in favor of the changes.
Mr. Vannatta informed Ms. Fleming that the Board has been working on the site plan review regulation changes for over eight months and that every meeting was open to the public. He added that no member of the public ever attended those meetings.
Mr. Weiler noted that the published red-lined version of the proposed changes to the existing regulations is a bit difficult to follow and suggested closing the hearing, re-noticing it, and presenting a cleaner copy of the proposed red-line changes for the public to examine.
Mr. Smith agreed, saying a cleaner red-line copy would be more user-friendly.
Mr. Vannatta called for a motion to close the hearing.
Mr. Weiler made a motion to close the hearing. Mr. Smith seconded the motion.
Mr. Vannatta called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Weiler, Mr. Vannatta
Opposed: None
NOTE: Mr. Williams did not arrive at the meeting until after this vote was taken.
Mr. Vannatta noted that Bruce Healey, PB chair, sent certified letters to every business owner in Newbury notifying each one of the proposed site plan review regulations and inviting them to attend the public hearing.
CASE: Case 2014-001: Conceptual Review – Minor Subdivision – Carl & Lory Bennett/Agent: Thomas Dombroski. Map/Lot 041-331-243.
Mr. Dombroski was present to represent the Bennetts and present to the Board. He said the Bennetts have a total of 6.21 acres at 294 Cheney Road and they want to subdivide the property into two lots. When the area of existing steep slope is deducted, 4.3 acres is able to be developed. Mr. Dombroski said the septic on Lot 2 will need DES approval. Also, there is an existing driveway on Lot 2. He said the Bennetts currently have tenants renting the house on Lot 1 and they will continue to rent out that property. The proposed building on Lot 2 will be a smaller house for the Bennetts.
There was discussion about the building envelope on each lot and the required road frontage. Both were considered adequate. Mr. Geddes asked if there were any old foundation sites or stone walls on the property. Mr. Dombroski said no.
Mr. Vannatta reviewed the minor subdivision regulations with Mr. Dombroski and informed him of the deadline for application submission prior to the next scheduled hearing date on April 15, 2014
ADMINISTRATIVE BUSINESS
Minutes
There were no available minutes for review.
ADDITIONAL BUSINESS
Newbury Harbor Plaza
The Site Plan was not available for the PB to review regarding compliance of all required conditions and subsequent signing by the PB.
Committee to Review Zoning Ordinance Article 17
Article 17 pertains to zoning regulations for personal wireless services facilities. Mr. Vannatta said Rachel Ruppel, PB advisor, is looking into the federal regulations governing same. Mr. Vannatta suggested that the topic of forming a committee be tabled until the next meeting when more members are present. The Board agreed.
Updates
Scenic Roads
Mr. Vannatta reviewed the public hearing scheduled for April 15, 2015 for PSNH scenic road tree trimming on Old Province Road.
Lori Champagne Court Action
Mr. Vannatta reviewed the status of the Champagne Court action saying town counsel said the Lights, the co-contenders for the boundary issue, have hired a lawyer and the case is a civil case.
Mr. Weiler said the question remains whether another hearing is needed if the Lights/Champagne property line is deemed by the court to be different that what the PB approved. Mr. Vannatta suggested that the PB chair discuss that with town counsel.
Mr. Smith made a motion to adjourn. Mr. Geddes seconded the motion. All in favor.
Meeting adjourned at 8:07 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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