Planning Board
August 19, 2014
Approved October 21, 2014
Members Present: Bruce Healey, Chair; Tom Vannatta, Vice-Chair; Bill Weiler, Russell Smith, Members; Richard Wright, Ex-officio Member; Mike McCrory, Advisor.
Mr. Healey called the meeting to order at 7:00 p.m.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of July 15, 2014 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Smith seconded the motion. All in favor.
ADDITIONAL BUSINESS
Newbury Elderly Housing Project
Mr. Healey informed the Board that the Newbury Elderly Housing project is hoping to open September 1, 2014. He said their Certificate of Occupancy will be a conditional one due to some problems regarding getting water to the building. Also, Mr. Healey informed the Board that he was contacted by CAP regarding changing several of the planned tree-plantings in the landscape plan and that he agreed to the changes since they were minor and pertained only to changes in the types of trees to be planted.
There was general discussion about when an Open House tour of the project would be possible. Discussion included the suggestion that the entire community be invited to tour the facility and that the Planning Board would be included in that invitation. Mr. Healey said he would contact Ralph Littlefield, executive director of CAP, and suggest same.
Mr. Weiler asked about the specific conditions contained in the Conditional Certificate of Occupancy. Mr. Wright said the Code Enforcement Officer (CEO) has several conditions but the biggest problem pertains to getting water to the building. He said the current water access does not meet state regulations. Mr. Healey noted that the CEO has stated that if the water access to the building does not meet state regulations, a Certificate of Occupancy will not be issued.
Continued from July 17, 2014...
CASE: Case 2014-008: Public Hearing - Conditional Use Permit for Development in a Wetland Buffer- Society for the Protection of NH Forests/agent: Aaron Wechsler. Map/Lot 022-136-450
CASE: Case 2014-008: Public Hearing - Final Site Plan Review- Society for the Protection of NH Forests/agent: Aaron Wechsler. Map/Lot 022-136-450
Mr. Healey opened the hearing at 7:16 p.m.
Mr. Healey read into the record the following letter:
July 30, 2014
To: Town of Newbury Planning Board
From: Aspen Environmental Consultants LLC
Re: Andrew Brook Trail Parking lot, Society for the Protection of NH Forests, Mountain Road, Newbury
To Whom It may Concern: The Society for the protection of New Hampshire Forests would like to withdraw all of their applications before the Planning Board, including the Application for Site Plan Review and Application for Conditional Use Permit for Development in a Wetland Buffer. Please do not hesitate to contact me if you have any questions about the project. Thank you. Sincerely, Aaron Wechsler, Managing member, Aspen Environmental Consultants LLC.
There being no discussion from the Board, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to Deny because of the applicant’s failure to proceed and for the withdrawal of both applications for Case 2014-008: Conditional Use Permit for Development in a Wetland Buffer and Final Site Plan Review. Mr. Vannatta seconded the motion.
There being no further discussion from the Board, Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC)/Mt. Sunapee Resort West Bowl Proposal
Nate Miller, executive director of UVLSRPC and member of the Mt. Sunapee Advisory Committee, reviewed the Mt. Sunapee Resort five-year plan with the Board. He noted that the original lease was for 20 years with two 10-year lease extensions. He said the five-year plan included an advisory committee created by the state designed to review the Resort’s annual plan. He said there will be at least one public hearing on the Resort’s proposed five-year plan which includes developing the West Bowl. The public hearing is scheduled for August 26, 2014 at 6:00 p.m. at Mt. Sunapee resort.
In 2004, the proposed five-year plan of 2005 – 2009 included expansion of the West Bowl. Mr. Miller reviewed those proposed plans, noting that the plans included a quad ski lift, new parking areas, utility lines, and a new base lodge to service patrons. Additionally, there was a proposed real estate development component of 175 to 250 condominium units. At that time, there were concerns that the impact of the proposed plans were not fully explored. Mr. Miller said the West Bowl plans never moved forward due to a number of reasons. Mr. Miller noted that the five-year plan that was developed in 2009 did not include the West Bowl expansion.
Mr. Miller said that the five-year plan presented in June 2014 does contain the West Bowl expansion plans as they were proposed in 2004. However, there is concern regarding the real estate component of the original plan.
Mr. Wright said Jay Gamble, executive director of Mt. Sunapee Resorts, indicated that there are no plans to develop the real estate component of the West Bowl proposed plans at this time. The problem is one of private/state land ownership and suggested that the state include in its leasehold a buy-out option for the private portion of the land.
There was discussion regarding same.
Mr. Miller said the UVLSRPC is acting as a co-facilitator of the public hearing and welcomes public input regarding the project.
Mr. Healey said Newbury has boundary monuments in the middle of the proposed real estate development and asked Mr. Miller how those monuments will be protected. Mr. Healey noted that in 1948 thee property monuments were lost when the ski center was established. Mr. Miller said he would include this point in the discussion at the public meeting.
ADDITIONAL BUSINESS, Continued
Resident Question
David Boucher, 32 Shore Drive, Newbury, spoke with the Board regarding purchasing a narrow piece of property that is a ROW to Lake Sunapee (Tax Map/Lot # 19-200-015). He said the land is not buildable and is 20-feet wide by 60-feet long. He said the current owner wants to retain 30% of the land for water access. Mr. Boucher wanted to know if a non-buildable lot like this could be split into two properties.
Mr. McCrory said it would require a variance since it involves making a non-conforming lot more non-conforming.
Mr. Healey directed Mr. Boucher to Section 7.8.1 Shoreland Overlay District of the Newbury town ordinance. Discussion followed.
Further discussion included the possibility of Mr. Boucher purchasing the property in question and giving a lifetime license to the seller for use as an access to the lake. Additional discussion included whether or not the entire issue is a civil matter or one that involves a variance request, and how to enforce whatever Mr. Boucher and his neighbor decide to do.
LSPA Watershed Committee Shoreland Regulations Matrix Review
The Board discussed its interest in participating in a multi-town meeting to discuss the shoreland regulations of each town and how they might be standardized. Various approaches were considered including full Board participation, focus groups, and having town representatives from each land use board meeting with LSPA. It was decided that Mr. Healey request from the LSPA Watershed Committee a list of the top five concerns regarding shoreland regulations for the Board to consider at its September meeting.
Voluntary Merger of Lots of Record
Mr. Healey informed the Board that a voluntary merger request for lots # 043-553-210 and #043-584-211 was approved and signed by him with the added statement on the record that only one dwelling will be allowed on this newly formed lot.
Tackle Shack
Mr. Healey discussed the recent arrival of two container storage units adjacent to the Tackle Shack building on Route 103. He noted that there is not a site plan for the property and that the Board asked the owner for a survey of the property but has yet to receive same. He said the storage containers are a violation of the site plan review regulations because it represents an expansion of business use. There was discussion about whether or not the containers are attached to the ground and if the owner is in violation of the town setback regulations.
Mr. Wright noted that Mr. Healey could, with Board consensus, appear before the Board of Selectmen (BOS) to discuss the situation. Mr. Healey noted that it is the BOS’ responsibility to enforce the site plan regulations when there is a violation. He added that the business owner is clearly ignoring the spirit of the town ordinance. He said one of the aspects of the ordinance is to maintain the attractiveness of the town.
Mr. Wright said he would bring up the topic at the next BOS meeting.
Mr. Weiler made a motion to give Mr. Healey the power to speak to the BOS and/or the CEO, on behalf of the Planning Board, about the Tackle Shack storage containers, the potential violation of site plan regulations, and the enforcement regarding same. Mr. Vannatta seconded the motion.
Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Vannatta, Mr. Healey
Opposed: None
CIP Update
Mr. McCrory said the CIP Committee met last week, addressed four of five issues, and no problems were encountered.
Mr. Smith made a motion to adjourn. Mr. Wright seconded the motion. All in favor.
Meeting adjourned at 9:15 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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