Planning Board
April 15, 2014
Approved June 17, 2014
Members Present: Bruce Healey, Chair; Ron Williams, Bill Weiler, Members; Deane Geddes, Alternate; Rachel Ruppel, Advisor; Jim Powell, ex-officio member.
Mr. Healey called the meeting to order at 7:02 p.m.
Mr. Healey appointed Mr. Geddes as a voting member for this meeting.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of January 21, 2014 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Williams seconded the motion.
All in favor.
The Board reviewed the minutes of March 18, 2014 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Williams seconded the motion. In Favor: Mr. Healey, Mr. Weiler, Mr. Williams, Mr. Geddes.
Abstain: Mr. Powell (Reason: He was not in attendance at the March 18, 2014 Planning Board meeting.)
Election of Officers
Mr. Healey notified the Board that the election of officers for 2014 will take place at the May 20, 2014 Board meeting.
Voluntary Merger of Lots of Record Update
Mr. Healey reported to the Board three Voluntary Merger of Lots of Record:
- Town of Newbury: South Road; Lot 43-500-143 (Highway Garage Lot, 3.02 acres) and Lot 44-514-184 (adjacent lot to the north, 3.02 acres).
- Town of Newbury: Route 103 Town Center Lots 312, 288, 279, 257, and 227.
- Town of Newbury: Village Road; Lots 43A-520-254, 43A-510-246, and 43A-502-240.
Champagne/Light Boundary Dispute Update
Mr. Healey noted that the Planning Board received a summons regarding the Champagne/Light court case and that the Town Administrator forwarded the summons to town counsel. The summons includes a notice that the Planning Board must file an appearance in court on April 29, 2014, Mr. Healey added that the summons included additional documents relating to the civil suit in question.
Procedural Update
Mr. Healey relayed a request from the Board of Selectmen dated March 28, 2014 regarding a change in procedure for contacting town counsel. The new procedure calls for contacting the Town Administrator for approval before contacting town counsel. Mr. Powell said this procedure ensures accurate budgetary tracking for the town’s use of legal counsel.
Work Session Meeting
Mr. Healey stated that he was considering scheduling a work session meeting on May 6, 2014 to review a cleaned-up, more “user-friendly” red-line copy of the proposed amendments to the Site Plan Review regulations to ensure that the proposed changes are more easily understood by the public.
Mr. Powell asked if a public hearing will be scheduled at that time. Mr. Healey said no. Mr. Powell asked if public input will be accepted. Mr. Weiler said public input is taken during a public hearing per state statute and not during a work session. He added that the public is always welcomed to attend a Planning Board work session but that no public input is taken at a work session meeting.
Mr. Healey said that the purpose of the work session is to look at the red-line materials to ensure that the proposed amendments are clear and understandable to the public. The work session will also allow the Board to determine a date for a public hearing on the amendments.
Ex-Officio Announcement
Mr. Powell told the Board that he and Richard Wright, selectman, will be alternating as ex-officio on the Planning Board.
CASE: Case 2014-002: PSNH Scenic Road Hearing: Cheney Road, Old Province Road & Gillingham Drive.
Mr. Healey noted that the following Public Notice was published twice, per the law, and read it into the record as follows:
The Newbury Planning Board will conduct a Public Hearing on April 15, 2014 at 7:15 p.m. at the Newbury Town Office Building, 937 Route 103, Newbury, NH 03255 by request by Public Service of New Hampshire (PSNH) pursuant to RSA 231:158 to trim and cut trees along three designated scenic roads: Cheney Road, Old Province Road, and Gillingham Drive. Additional information provided by PSNH is 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 opened the public hearing and invited David Crane, PSNH regional arborist, to present to the Board.
Mr. Crane said the proposed tree trimming and cutting is a normal routine for PSNH every four to five years. It has been five years since the last trimming on the three roads in question. PSNH uses Asplundh Tree Expert Company and contacts landowners if the trimming/cutting affects property lines. Larger trees are taken down on a case-by-case basis. He said branches and tree limbs are cleared to ensure no interference with PSNH power lines.
Mr. Weiler asked if trimming is done on driveways where there are power lines from the road to the house. Mr. Crane said clearing is done for the primary lines and secondary lines to the transformer.
There being no further questions from the Board, Mr. Healey opened the hearing to the public.
Richard Wright, Morse Hill Road, Newbury, asked if other roads are scheduled for trimming besides the three in question. Mr. Crane said PSNH is trimming 80 to 85% of Newbury’s scenic roads this year working north to south per the electricity flow.
Mr. Wright noted that there were many trees on Morse Hill Road that are dead or leaning towards the power lines and asked if they would be cut down. Mr. Crane said each tree will be considered separately as to whether or not to remove it.
Mr. Wright said that, speaking as a selectman, the town has a limited budget for tree maintenance and would like to know the extent of PSNH’s trimming. Mr. Crane said he would contact Cal Prussman, highway administrator, to determine which trees would be of mutual interest to remove.
Harry Seidel, 62 Emily Lane, Newbury, asked who owns the cut wood after the trimming is completed. Mr. Crane said the landowner owns the wood, by state statute. He added that PSNH does not pick up or remove the cuttings.
There being no further comment from the Public, 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 request by Public Service of New Hampshire (PSNH) pursuant to RSA 231:158 to trim and cut trees along three designated scenic roads: Cheney Road, Old Province Road, and Gillingham Drive. Mr. Williams seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Williams, Mr. Weiler, Mr. Healey
Opposed: None
CASE: Case 2014-001: Final Minor Subdivision- Carl & Lory Bennett/agent: Thomas Dombroski. Map/Lot 041-331-243.
Mr. Healey read into the record the Public Notice as follows:
You are hereby notified that the Planning Board will receive submission of an application for a Final Hearing for a Minor Subdivision from Carl & Lory Bennett, for property located on Cheney Road, Newbury, NH, Tax Map 041-331-243 on Tuesday, April 15, 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.
The application was reviewed for completeness.
Mr. Weiler made a motion to accept the application as complete. Mr. Williams seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Williams, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey opened the hearing.
Tom Dombroski, agent, presented to the Board. Mr. Dombroski said the purpose of the subdivision was that the Bennetts want to build a smaller house on Lot 2 and keep Lot 1 with the existing house as a rental property. He said Lot 1 is 2.83 acres with the existing house and Lot 2 is 3.37 acres. He said all applicable permits are in process with the NH Department of Environment Services (DES).
Mr. Dombroski said he will put the form factor on the site plan and noted that Lot 1 is 18.3 and Lot 2 is 17.3.
Mr. Healey asked why there is a driveway in place on Lot 2. Mr. Dombroski said there was some wood cutting done on the property five years ago and there was no landing on the side of the road so the owners obtained a driveway permit. He added that the driveway includes culverts and was done properly.
Mr. Healey asked if there are wetlands on the property. Mr. Dombroski said no, there is a brook across the street but it doesn’t create any wetlands on the Bennett’s property.
There being no further questions from the Board, Mr. Healey opened the hearing to the Public.
Mr. Healey noted that letters were received from the following individuals:
- Theresa Ramirez and Richard Poulin, abutter, 318 Cheney Road, Newbury, submitted a letter requesting that the applicant not engage in any blasting while developing the site. Also, Ms. Ramirez and Mr. Poulin requested that the proposed new lot not undergo any clear cutting.
(Note: The complete contents of the submitted letters/emails are contained in the Planning Board final minutes binder at the Town Office and available for review.)
Mr. Dombroski noted that there is a hill between the Bennett’s property and the property belonging to Ms. Ramirez and Mr. Poulin and that the hill contains some boulders that may require blasting. Mr. Dombroski said he will pass the letter on to the Bennetts to ensure they are aware of their neighbor’s concerns.
Mr. Williams said the letter should also be sent to the Code Enforcement Officer (CEO). Mr. Powell added that the Planning Board should send a letter to Ramirez/Poulin acknowledging receipt and that their letter has been sent to the Bennetts and the CEO. Mr. Healey noted that he would do that.
There being no further comments from the Public, 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. Williams made a motion to approve the application for a minor subdivision subject to the following conditions precedent: (1) receipt of DES subdivision approval; (2) completion of all other approvals needed for DES subdivision approval; and, (3) said conditions are completed within 60 days. Mr. Weiler seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Powell, Mr. Williams, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey informed Mr. Dombroski that he or any party directly affected by this decision may appeal to the proper Board within thirty (30) days of this decision.
CASE: Case 2014-003: Conceptual- Site Plan Review- Town of Newbury/agent: Jacob Kezar & Jessica Blaney. Map/Lot 043-348-244.
Jacob Kezar and Jessica Blaney told the Board that they are interested in purchasing the old town garage at 20 Sutton Road for the purpose of opening an auto and truck repair business, new and used farm equipment sales, and new and used snowmobile sales. They said they currently rent a facility in Weare and want to relocate to Newbury.
Mr. Geddes asked about their current location in Weare. Mr. Kezar said there is no road frontage which has proven to be tough for attracting business.
Ms. Ruppel noted that the zoning ordinance requires a special exception and a site plan review for an auto repair business. A retail trade business requires only a site plan review.
It was noted that old town garage is located on the town’s only aquifer. Ms. Ruppel referred to Article 20.2 Aquifer Overlay Protection District, which prohibits automotive service and repair shops.
Mr. Kezar asked why the town stopped using the garage. Mr. Powell said because the town’s needs outgrew the facility. He added that the town did a great deal of work regarding the aquifer to protect the Andrew Brook.
Mr. Kezar said he needed to know if he could proceed with his proposed business before buying the garage. Mr. Healey said he would need a variance from the Zoning Board of Adjustment (ZBA). Mr. Weiler added that very high standards would have to be met because of the garage’s location on the aquifer.
ADDITIONAL BUSINESS
Mylar Signing
The Board signed the mylar for:
- Lally and Hall Lot Line Adjustment
- Pellerin
Newbury Harbor Plaza
The Board reviewed the conditions of approval for Newbury Plaza LLC Site Plan review (Case 2013-015) and concurred that all the conditions have been met. The Board signed the revised Site Plan.
Committee to Review Article 17 (Personal Wireless Service Facilities)
Mr. Healey tabled discussion until a future Board meeting.
Andrew Brook Trail Parking Lot
Mr. Healey noted that a meeting was held with the Society for the Protection of NH Forests (SPNHF) regarding the proposed parking lot at the Andrew Brook Trail. The purpose of the meeting was to review SPNHF’s plans regarding the parking lot. At this point, SPNHF plans to revisit the original plans and schedule a meeting in the future with the town to determine the best way to proceed.
Ex-Officio Change
Mr. Powell announced that from this point forward, the duties of ex-officio will be shared between him and Richard Wright. Mr. Powell noted that if a case is continued, the ex-officio in attendance will continue with the case.
Mr. Weiler made a motion to adjourn. Mr. Williams seconded the motion. All in favor.
Meeting adjourned at 8:12 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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