Planning Board
October 21, 2014
Approved November 18, 2014
Members Present: Bruce Healey, Chair; Bill Weiler, Russell Smith, Members; Richard Wright, Ex-officio Member; Deane Geddes, Alternate; Mike McCrory, Advisor.
Mr. Healey called the meeting to order at 7:00 p.m.
Mr. Healey appointed Mr. Geddes as a voting member for this meeting.
ADMINISTRATIVE BUSINESS
Potential New Board Member
Mr. Healey introduced Bob Caia, prior owner of Bob’s Beacon Marina, Newbury, and the Board welcomed him as an observer at this meeting. Mr. Caia expressed interest in possibly joining the Board.
Capital Improvements Program (CIP) 2015-2020 Presentation
Ivor Freeman, CIP Committee chair, reviewed the CIP 2015-2020 and responded to Board questions as needed. Mr. Freeman acknowledged Mr. McCrory’s assistance in the CIP process. Mr. Freeman noted the following items of interest to the Board: architectural study costs connected with the proposed safety services building and library expansion; costs for ambulance services; the road paving trust fund; and increased fire equipment costs.
The Board reviewed the document and noted some typos and a paragraph that needed deletion. These changes were agreed to be amendments by Mr. Freeman and the Board.
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to adopt the CIP 2015-2020 as amended. Mr. Smith seconded the motion.
Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
CASE: Case 2014-: Public Hearing - Minor Subdivision from Paul Skarin, for property located at 148 Southgate Road, Newbury, NH, Tax Map 044-106-131
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 Minor Subdivision from Paul Skarin for property located at 148 Southgate Road Newbury, NH, Tax Map 044-106-131 on Tuesday, October 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.
The application was reviewed for completeness.
Mr. Geddes 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. Geddes, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
Paul Skarin presented to the Board. He said he is the executor of his mother’s estate and that the proposed subdivision was planned as a means to financially afford any ongoing care his mother may have needed. However, his mother died before that became a necessity. Mr. Skarin noted that the state subdivision permit is in process but not yet in hand.
Mr. Healey opened the hearing.
Mr. Skarin described the property, indicated the existing house on the south side, and noted that the proposed subdivision would result in a 2.4 acre parcel on the north side with about 274 feet of road frontage. He added that the road frontage sight line is clear and straight.
Mr. Geddes asked if the new property line is where the stone wall exists. Mr. Skarin said yes.
Mr. Healey noted that the density report was not complete. The Board and Mr. McCrory reviewed the density report and completed it. Mr. Weiler noted that the completed density report indicates a maximum of two dwelling units.
There was discussion about whether or not the monuments have been set. Mr. Skarin said he thought they had been set.
Mr. Wright asked about the ditch line in front of the existing house and the fact that there is no culvert at that location. Mr. Skarin said he thought there was a culvert further in the property but that it may need to be cleaned out. He said he would ensure that was done.
Mr. Smith questioned the number of test pits completed, noting that the application contained two pages of test pit results. It was determined that there was a duplication of the test pit result in the application materials.
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 was discussion regarding conditions precedent, namely to obtain a state subdivision permit within 90 days.
There being no further discussion from the Board, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to approve the minor subdivision application from Paul Skarin for property located at 148 Southgate Road, Newbury, Tax Map 044-106-131 with the condition precedent that a state subdivision permit be obtained within 90 days. Mr. Smith seconded the motion.
Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey advised Mr. Skarin that the latter or any party directly affected by this decision may appeal to the proper Board or Superior Court within thirty (30) days of this decision.
CASE: Case 2014-: Public Hearing - Minor Site Plan Review from Stone Face Excavation LLC owner Josh Perkins, requesting to construct a sand shed on property located at 882 Route 103, Newbury, NH, Tax Map 020-046-050.
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 Minor Site Plan Review and application for a Conditional Use Permit for Development in a Wetland Buffer from Stone Face Excavation LLC, requesting to construct a sand shed on property located at 882 Route 103, Newbury, NH, Tax Map 020-046-050, on Tuesday, October 21, 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.
Mr. Healey informed the board that there are two applications that will be reviewed simultaneously: a minor site plan review and a conditional use permit for development in a wetland buffer. He said the Board will consider the conditional use permit first and then hear the minor site plan review.
Mr. McCrory noted that the Board will vote on each application separately.
Both applications were reviewed for completeness.
Mr. Smith made a motion to accept both applications as complete. Mr. Wright seconded the motion.
Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey opened the hearing.
Conditional Use Permit for Development in a Wetland Buffer
Josh Perkins presented to the Board.
Mr. Perkins said the proposed building siting is 30-feet to 40- feet away from the wetland, it will sit on an already-established impervious surface, will be sited for maximum height and south-facing sun, and be three-sided for ease of access to the winter sand stored inside.
Mr. Healey questioned the impact on the existing well. Mr. Perkins said the well water is non-potable and only good for washing vehicles and toilet use in the shop.
Mr. Geddes asked about the proposed garage’s sides and base. Mr. Perkins said there will be concrete walls on three sides with a height of about 6-feet and a slab floor eventually.
There was discussion about the potential for salt seepage into the ground through the proposed non-pervious gravel base. General discussion followed regarding the overall salt seepage content in the area.
Mr. Weiler said since a wetland is present for this application, there are concerns regarding minimizing the impact to the wetland.
Mr. Healey asked if the building siting could realistically be moved to avoid proximity to the wetland. Mr. Perkins said the proposed siting allows for a more direct approach for winter snow plowing, maximum southern sun exposure, and the building would be out of the way. He added that the winter sand will be under roof so any leaching will be minimized.
There being no further questions from the Board, Mr. Healey opened the public portion of the hearing.
John Croteau, abutter, said he has no opposition to this application.
There being no further comment from the Public, Mr. Healey closed the public portion of the hearing and the Board went into deliberations.
Mr. Weiler said in addition to the concrete walls there should be an impervious surface to prevent any salt seepage. Mr. Smith agreed.
Mr. Wright said an impervious surface for the base is not necessary, adding that this proposed building is a 100% improvement over what is there now.
Mr. Geddes said he liked the proposed siting of the building and that the overall plans made a lot of sense.
Mr. Smith said he would like to see an impervious floor. Mr. Healey agreed.
Mr. Perkins asked if he could have a year to install said floor. Discussion followed.
The Board agreed that a condition subsequent could be the installation of an impervious floor by October 1, 2015. Mr. Smith asked about the consequences if that is not done. Mr. McCrory said the town could fine Mr. Perkins for non-compliance and shut down his business.
There being no further discussion from the Board, Mr. Healey called for a Motion to Vote.
Mr. Geddes made a motion to approve the Conditional Use Permit for Development in a Wetland Buffer for Stone Face Excavation LLC, for construction of a sand shed on property located at 882 Route 103, Newbury, NH, Tax Map 020-046-050 with the condition subsequent that an impervious floor be installed by October 1, 2015. Mr. Smith seconded the motion.
Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
Final Hearing for a Minor Site Plan Review
Mr. Perkins presented to the Board.
Mr. Perkins requested a waiver from Article VI Section 6.2.2 which involves a building expansion of less than 500 square feet. He said his proposed sand shed is approximately 576 square feet.
Mr. Weiler made a motion to grant a waiver to Article VI Section 6.2.2 because strict conformity would pose an unnecessary hardship to the applicant and the waiver would not be contrary to the spirit of and intent of the regulations. Mr. Smith seconded the motion.
Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Perkins described the proposed sand shed as a two car garage sitting on top of a three-sided foundation of 6-to-7-foot concrete walls. He said the height is needed so the loader can scoop the sand into the trucks. He said he services a number of local businesses and neighborhoods with snow plowing.
There being no questions from the Board, Mr. Healey opened the public portion of the hearing.
John Croteau, abutter, said he has no opposition to this application.
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 discussion from the Board, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to approve the Minor Site Plan Review for Stone Face Excavation LLC, for construction of a sand shed on property located at 882 Route 103, Newbury, NH, Tax Map 020-046-050 with the condition subsequent that an impervious floor be installed by October 1, 2015. Mr. Smith seconded the motion.
Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey advised Mr. Perkins that the latter or any party directly affected by this decision may appeal to the proper Board or Superior Court within thirty (30) days of this decision.
ADMINISTRATIVE BUSINESS, continued
Minutes
The Board reviewed the minutes of July 10, 2013 and made corrections. Mr. Smith made a motion to approve the minutes as corrected. Mr. Wright seconded the motion. All in favor.
The Board reviewed the minutes of July 16, 2013 and made corrections. Mr. Smith made a motion to approve the minutes as corrected. Mr. Geddes seconded the motion. All in favor.
The Board reviewed the minutes of August 20, 2013 and made corrections. Mr. Geddes made a motion to approve the minutes as corrected. Mr. Smith seconded the motion. All in favor.
The Board reviewed the minutes of August 19, 2014 and made corrections. Mr. Smith made a motion to approve the minutes as corrected. Mr. Geddes seconded the motion. All in favor.
The Board reviewed the minutes of September 16, 2014 and made corrections. Mr. Smith made a motion to approve the minutes as corrected. Mr. Wright seconded the motion. All in favor.
ADDITIONAL BUSINESS
Voluntary Merger of Lots of Record
The Board reviewed the Voluntary Merger of Lots of Record for Adeline K. Bell revocable Trust for three parcels as follows: Tax Map 043-161-091; Tax Map 043-163-110; and Tax Map 043-170-054.
Disposition of Light/Champagne Litigation
Mr. Healey informed the Board that town counsel notified the Board that Light/Champagne litigation has been settled through a quiet title that allows Ms. Champagne to keep her deck on Light’s land.
Departmental Sign-off Sheets
Mr. Healey reviewed with the Board the PB applications that require departmental sign-off sheets. The Board agreed that departmental sign-off sheets were not required for applications for a minor site plan review, a minor subdivision, or a conditional use permit.
LSPA Watershed Committee Shoreland Regulations Matrix
The Board discussed the next step in addressing the LSPA Watershed Committee’s request for Board involvement in examining the watershed towns’ shoreland regulations. Mr. McCrory said he would follow up and set up a meeting within a month or so with LSPA to include representatives from the PB, Newbury Conservation Commission and the Board of Selectmen.
Potential New Board Member
Mr. Healey suggested that the Board interview Bob Caia, owner of Bob’s Beacon Marina, Newbury, as a potential new member of the Planning Board following the Board’s scheduled meeting on November 18, 2014. The Board and Mr. Caia agreed.
Mr. Smith made a motion to adjourn. Mr. Geddes seconded the motion. All in favor.
Meeting adjourned at 8:49 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
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