Planning Board
June 17, 2014
Approved July 15, 2014
Members Present: Bruce Healey, Chair; Tom Vannatta, Vice-Chair; Ron Williams, Bill Weiler, Russell Smith, Members; Richard Wright, ex-officio member; Rachel Ruppel, Advisor.
Mr. Healey called the meeting to order at 7:00 p.m.
Public Hearing – Site Plan Review Amendments
Mr. Healey 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, June 17, 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.~ Additionally, both a summary of the proposed amendments to the regulations and a redline version are posted on the home page of Newbury's website: www.newburynh.org.
Mr. Healey opened the hearing to the Public.
There being no public present, Mr. Healey suspended the hearing for 30 minutes.
CASE: Case 2014-007: Conceptual Review – Minor Subdivision – Helen Skarin/Agent: Paul Skarin. Map/Lot 044-106-131.
Paul Skarin met with the Board on behalf of his mother, Helen C. Skarin, who owns the property. He explained that his mother wishes to divide the existing 6.108 acre lot into two conforming building lots. He added that the proposed property boundary line will be the existing stone wall and that road frontage and lot size requirements are both met.
Mr. Vannatta asked about the size of each lot after the proposed subdivision. Mr. Skarin said he has not had the property surveyed yet but the subdivided lot will be just over two acres. Ms. Ruppel concurred, adding that her research per GIS map supported Mr. Skarin’s estimate on lot size.
Mr. Weiler asked about the previous owners. Mr. Skarin said the property was purchased from Bill Halloran and that Walter and Beverly Weishaupt owned it prior to Mr. Halloran.
Mr. Skarin said the property is not part of the Southgate development and is not bound by any covenant or restrictions. Mr. Wright agreed.
Mr. Healey said Mr. Skarin will need DES state subdivision approval.
Mr. Weiler referred Mr. Skarin to Article 8 of the Minor Subdivision regulations and added that the latter will need a density report.
Mr. Healey noted that Mr. Skarin must follow the state subdivision requirements and the Newbury minor subdivision requirements.
Ms. Ruppel added that when the survey is done on the property, the surveyor may set the monuments at the time of the survey.
Mr. Skarin thanked the Board for their input.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of December 11, 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 December 17, 2013 and made corrections. Mr. Vannatta made a motion to approve the minutes as corrected. Mr. Smith seconded the motion. All in favor.
The Board reviewed the minutes of April 15, 2014 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 20, 2014 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Vannatta seconded the motion. All in favor.
Voluntary Merger of Lots of Record
Mr. Healey reported to the Board one Voluntary Merger of Lots of Record as follows:
Location: Birch Bluff Road
Lot 019-058-121 – 2.5 acres
Lot 019-056-105 - .85 acres
Public Hearing – Site Plan Review Amendments, cont’d.
Mr. Healey re-opened the public hearing at 7:30 p.m.
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 Site Plan Review Amendments as presented. Mr. Vannatta seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Williams, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
CASE: Case 2014-006: Public Hearing on Conditional Use Permit for development in a wetland buffer – Ken & Diane Brown/Agent: Bristol Sweet & Associates and Alae Residential Design, LLC. Map/Lot 049-061-117.
Mr. Healey read into the record the Public Notice as follows:
Notice is hereby given that the Planning Board will receive submission of an Application for a Conditional Use Permit for Development in a Wetland Buffer from Kenneth & Diane Brown, for property located at 348 Gillingham Road, Newbury, NH, Tax Map 049-061-117 on Tuesday, June 17, 2014, at 7:30 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
Note: Mr. Healey noted that the location of the property is on Gillingham Drive, not Gillingham Road, as stated in the Public Notice.
The application was reviewed for administrative completeness and compliance with Article 8.6.
Ms. Ruppel said the application was administratively complete and in compliance with Article 8.6
Mr. Vannatta made a motion to accept the application as complete. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Williams, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Mr. Healey opened the hearing, reviewed the Rules of Conduct, and invited the applicant to present to the Board.
Mr. Weiler recused himself to the audience because he is an abutter.
Harry Seidel (architectural designer) and Doug Sweet (surveyor) presented to the Board. Also present was Ken Brown (applicant).
Mr. Seidel addressed Article 8.6 Uses Permitted in a Wetland Buffer as follows:
8.6.5.1: The owners wish to have the barn as close as possible to the sugar house, in order to more easily share some common storage and equipment. They want the drive-through for ease of storing their trailer-ed boat. The northerly access has been positioned outside of the 75-foot wetland buffer. The southerly driveway approach has been located for alignment and grade, and in a location that is already cleared and used (seasonally) for vehicle parking. The southerly driveway would need to be built much longer, through the sugar orchard, and onto another lot, in order to not impact the buffer.
8.6.5.2: This location will impact the least amount of wetland buffer. The proposed area is grassed and clear of trees and will require a minimum of disturbance.
8.6.5.3: The driveway section will be excavated, then built using normal construction standards. The adjacent side slope will be re-graded, but the existing soil does not need to be excavated. The side slopes will be finished with loam, seed and mulch, or covered with a blanket of bark mulch or wood chips. Hay bales will be used in the driveway ditch line to prevent soil from entering the existing driveway culverts.
Mr. Seidel noted that Mr. Sweet submitted a DES Shoreland Permit application on June 4, 2014.
Mr. Sweet explained that he, the applicant, and Mr. Seidel explored all options for relocating the driveway before concluding that the proposed location was the best. He shared photos of the proposed location, noting that the area contains no trees, is wide open, and cars park there during sugaring season.
There was general discussion regarding the drainage surrounding the barn. It was determined that there is adequate drainage proposed.
Mr. Wright asked about the proposed retaining wall on the upside of the property. Mr. Sweet said it was put in to preserve the maple trees behind it.
There was general discussion regarding the varying degrees of slope on the property.
Mr. Healey said he would like the Board to make a site visit because the two-dimensional materials do not impart enough visual information to make an informed decision. He added that the Board must be convinced that no other options are possible in order to grant a conditional use permit.
Mr. Sweet said the area under discussion is about 1500 square feet.
There was discussion about the procedure. Ms. Ruppel said that if the Board wishes to make a site visit, then the hearing should be continued, the site visit completed, and the Board continue the hearing at its next scheduled meeting.
Mr. Wright said he was familiar with the property in question and that the existing road went in 50 years ago. At that time, there was no wetland. He said the road created a wetland. He added that the applicant is offering to remediate the problems created by the road 50 years ago.
Mr. Healey called upon the Board to offer their opinion regarding making a site visit.
Mr. Smith said he had no problem with making a decision based on the application as it is presented.
Mr. Williams agreed with Mr. Smith.
Mr. Vannatta said the applicant has met the standard and have provided written documentation of same.
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 meeting and the Board went into deliberations.
Ms. Ruppel advised the Board to review each of the three standards and accept or reject the information submitted by the applicant relative to the three standards. She added that the applicant will not get a building permit until the DES Shoreland Permit application is approved. She added that the DES approval is not a requirement for the Board to approve the Conditional Use Permit application.
There being no further discussion from the Board, Mr. Healey called for a motion to vote.
Mr. Williams made a motion to approve the Conditional Use Permit as specified in Article 8.6 of the town’s zoning ordinance for building a barn and associated driveway that crosses a wetland buffer. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Williams, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Mr. Healey informed 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.
Mt. Sunapee Resort Update
Jay Gamble: Update of Improvement Plans for 2014
- Sun Bowl quad lift line
- Upgrade Power line serving Sun Bowl
- Enhance Adventure Park with climbing wall
Mr. Gamble described the upgrades to the above three areas at Mt. Sunapee Resort.
The existing Sun Bowl fixed grip lift line will be replaced with a high speed lift line. The power line supplying electricity to the Sun Bowl will be upgraded from a single to a triple phase to accommodate the increased needs and demands from the Sun Bowl lift line upgrade. A climbing wall will be constructed in keeping with the natural look of all other offerings at the Resort.
Mr. Gamble anticipated that the upgrades could start as early as the third week in July.
There was Board consensus that the upgrades do not require a site plan review.
ADDITIONAL BUSINESS
Newbury Elderly Housing, Inc./CAP/Performance Bonds
Mr. Healey informed the Board that the performance bonds for the Newbury Elderly Housing project expired in May 2014. The performance bond for the on-site work was $735,000 and the performance bond for the off-site work (Newbury Heights Road) was $270,000.
Mr. Healey sought the advice of town counsel. Town counsel recommended that Mr. Healey contact Ralph Littlefield, CAP executive director, immediately and inform him that the Planning Board wants replacement bonds immediately. Town counsel further advised that Mr. Healey might offer Mr. Littlefield a draw down on the replacement bonds which would reduce the bonds by the percentage of the project completed.
Mr. Healey said Mr. Littlefield was agreeable to the above. Additionally, Mr. Healey said the Highway Administrator, the Code Enforcement Officer, and the Fire Chief will determine the percentage of completeness.
Mr. Healey requested Board consensus to proceed as outlined above. There was Board consensus for Mr. Healey to proceed as outlined above.
There was further discussion about performance bonds and how they might be used in other areas, specifically as a way to provide oversight to tree cutting.
Rachel Ruppel Resignation
Ms. Ruppel informed the Board that she will be relocating to Oregon in early July. She reviewed the projects currently underway and told the Board how they will be covered and completed following her departure.
The Board expressed their gratitude for her work and wished her success in her new venture.
Mr. Vannatta read into the record the following Resolution:
WHEREAS, the Newbury Planning Board wishes to honor Rachel Ruppel for her years of service to the Town of Newbury; and
WHEREAS, Rachel Ruppel has assisted the Planning Board in the performance of its duties, in terms of, administrative leadership, long-range planning, and special projects; and
WHEREAS, Rachel Ruppel has provided the Planning Board with technical assistance, perceptive advice, and steadfast commitment to effective land use; and
WHEREAS, Rachel Ruppel has earned the respect and recognition of all who know and work with her; and
NOW BE IT RESOLVED THAT THE NEWBURY PLANNING BOARD wishes to acknowledge and thank Rachel Ruppel for her service and wishes her continued success in her future endeavors.
PLANNING BOARD MEMBERSHIP
Bruce Healey, Chair, Thomas Vannatta, Vice-Chair, William Weiler, Travis Dezotell, Ron Williams, Deane Geddes, Russell Smith, James Powell, Denise Sherill, LUBA, Meg Whittemore, Recording Secretary.
Mr. Healey called for a motion to vote on the Resolution.
Mr. Williams made a motion to accept the Resolution. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Williams, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Bennett Mylar
The Board signed the mylar for Bennett.
Mr. Smith made a motion to adjourn. Mr. Vannatta seconded the motion. All in favor.
Meeting adjourned at 9:02 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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