Meeting Minutes
Planning Board
February 21, 2024
FINAL
Board Members Present: Darren Finneral, Chair; Chris Hernick, Vice Chair; Jim Lord, Chris Millette, Denise Mitchell, Wayne Seaholm, Members; Beth Gering, Alternate, Kristen Schultz, ex officio; Peter Stanley, Consultant.
Town Personnel: Tiffany Favreau, Land Use Coordinator
Mr. Finneral called the meeting to order at 7:00 p.m.
The Board reviewed the minutes of January 16, 2024.
Mr. Finneral made a motion to accept the minutes with proposed changes. Mr. Millette seconded the motion. All were in favor.
Mr. Finneral stated that the ballot is all set, and it was run by the Town Attorney. Mr. Finneral said the Town Attorney suggested taking out the rationale, so he took the rationale out. Mr. Finneral plans on printing out the rationale and putting copies out in the lobby.
Case 2024-001-Case – Conditional Use Permit – NorthcapeDesign, LLC (agent), Howard & Shannon Weiss (owners), for land disturbance in the wetland buffer proposing an open deck with stairs along the side and rear of existing building and a septic tank with associated septic lines at property located at 319 Mountain Road, Newbury, NH Tax Map 022-273-100.
Mr. Finneral read the public notice.
Mr. Finneral read the application and found the application complete.
Ms. Schultz made a motion to accept the application as complete. Mr. Millette seconded the motion. All were in favor.
The owner of Northcape Design discussed the reason why they would like to change where the deck will be built. The original plan was created in 2016, and when they started looking at the yard, they suspected the wetlands were larger than originally thought. They hired a wetland scientist, and it was determined that the wetland is larger than originally thought and they would like to move the location of the deck so it will make less of an impact to the wetlands than where the original deck was planned.
Mr. Finneral read the following standards:
8.7.5 – Standards: Prior to issue a permit, the Planning Board shall be convinced that:
- 8.7.5.1 – the use cannot be implemented outside the wetland buffer – the wetland buffer includes the entire structure and existing deck piers, so there is no option to locate the new deck outside of the wetland buffer. The connection of the new septic system that comes from the house is located in the wetland buffer as the entire house is wholly located in the wetland buffer.
- 8.7.5.2 – The location in the wetland buffer will cause the least impact – there is an existing deck pier that is located in the newly defined wetlands extents, and we propose to move this location out of the wetland. This will cause less impact than where the existing deck pier is located. We also propose to install the septic tank outside of the state 50’ wetland buffer, causing the least impact. We also propose to install the leach field outside of the 75’ buffer, where our test pits show favorable soil types.
- 8.7.5.3 – The method of implementation will minimize the impact to the wetland buffer – The removal of the existing deck pier that is located in the wetland will be done by hand to minimize the impact, and the proposed deck piers will be installed using a small excavator, and then regraded to a condition better than what currently exists, allowing for more proper drainage. The lines for the septic system will be dug as close to the roadside setbacks, furthest away from the wetland, and regraded for proper drainage.
Mr. Hernick made a motion to vote on each of these standards separately. Mr. Millette seconded the motion. All were in favor.
The Board voted on the three conditions:
- 8.7.5.1 – All ayes, no nays.
- 8.7.5.2 – All ayes, no nays.
- 8.7.5.3 – Mr. Finneral aye, Mr. Lord aye, Mr. Seaholm aye, Ms. Schultz aye, Ms. Mitchell aye, Mr. Millette nay and Mr. Hernick aye.
Mr. Millette asked if they received any feedback from the Conservation Commission and Mr. Finneral said they did not.
Mr. Finneral opened up to public input. There being none, Mr. Finneral closed the public input and public hearing.
Mr. Finneral asked if they are doing anything under the deck for drainage. They said yes, they are doing proper drainage.
Ms. Schultz made a motion to vote on the application. Mr. Millette seconded the motion. All were in favor of approving the application.
Other:
Mr. Finneral thanked Ms. Mitchell for serving on the Planning Board. He mentioned that her term is up and she will not be running again this year.
Ms. Schultz announced she will no longer be ex-officio for the Planning Board due to other personal responsibilities.
Mr. Millette stated that he thinks the Planning Board made a mistake approving the Tap Room without making the condition that they actually sign the lease and move forward. He gave the example of rescinding their decision on the Town Garage property. He said it should be a condition to have the lease signed before the restriction are put in place.
Mr. Millette mentioned that his neighbors are redoing their house and needed a variance from ZBA because they fall under the steep slope ordinance as it is currently written. They are not in the wetlands and not in any setbacks. He would like to look at revising the conditions for when steep slopes come into play to go for a vote at town meeting in 2025.
Discussion ensued. Mr. Millette is willing to take this task on to gather more information.
Renee Theall, Housing Navigator/Associate Planner of the Upper Valley Lake Sunapee RPC, discussed what is going on with housing.
Ms. Schultz made a motion to adjourn. Mr. Millette seconded the motion. All in favor.
The meeting adjourned at 7:40 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary
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