Joint Board Meeting Minutes

Joint Board Meeting

August 1, 2022

FINAL

Board Members:  Darren Finneral (Planning Board Chair); Christopher Hernick, (Planning Board Vice Chair); Jim Lord (Planning Board), Christopher Millette (Planning Board), Denise Mitchell (Planning Board), Scott Wheeler (Selectboard Chair), Katheryn Holmes (Conservation Commission Chair and Zoning Board), Wayne Seaholm (Planning Board), Larry Briggs (Zoning Board), David Blohm (Zoning Board Chair) Hank Thomas (Zoning Board), Alex Azodi (Zoning Board), Alden  Beauchemin (Conservation Commission), Joanne Lord (Selectboard).

Town Personnel: 

Public: Richard Wright, Steve Howard

Mr. Finneral called the meeting to order at 6:35 p.m.

Mr. Finneral welcomed everyone and explained the meeting’s procedure.

Ms. Holmes stated that when the Planning Board votes and approves a change, it goes into effect until the Town votes against it. Mr. Wright agreed with this statement.

Items brought up for conversation:

Town of Newbury – Code Enforcement Officer

Mr. Finneral said the Code Enforcement Officer would like the following items discussed:

1. Accessory Apartments – 4.10.1 – Mr. Finneral already discussed this with the CEO.
2. Definition of a shed.
3. Exclude mini splits and AC condensers from the setback requirements.
4. Definition of a bedroom.
5. 3.2 - Need for updated septic design for any structure change.
6. 2.65 Under Lot of Record – A and B - He asked if they should be under the ordinance instead of the definition.

Zoning Board of Adjustment

1. Tree Houses - Mr. Blohm said the issue of tree houses is the biggest concern for the ZBA, specifically 5.5. He feels they can be lumped under private recreation facilities. Mr. Briggs asked if tree houses could be exempt from a building permit and specify that it can’t have septic or kitchen, be used for recreational private use only, and all liability going back to the property owner. All setbacks should be observed. Also, these cannot be used for commercial purposes or rented. Mr. Azodi asked if it is in the Town’s power to tell a tree house owner cannot have electricity. Ms. Holmes suggested that the recreational tree house be registered with the Town with a submitted photo. Ms. Mitchell said she thinks there should be a permit. Mr. Azodi agreed that there should be a permit only if people are living in it. Mr. Thomas said he thinks it should be the same rules as a shed. Mr. Finneral asked the Planning Board if they have enough information to craft a proposed definition of a tree house. Mr. Thomas said he thinks tree houses should be permitted and the CEO needs to climb to look at the safety of the structure. Mr. Blohm said we need to define what a tree house is. Mr. Seaholm said tree houses should be allowed to have electricity, but with no heat or plumbing. Mr. Blohm said tree houses are in limbo because there is simply no definition of a tree house in the ordinances. Mr. Wheeler said there must be other towns that have something, and Mr. Finneral said he doesn’t think any other surrounding towns have faced this issue.

1. Tree Applications - Mr. Blohm said another issue they have with ZBA is people who come to them before they have received tree application approvals. Mr. Blohm said these approvals need to be issued before they come in front of the ZBA.  Mr. Blohm does not want to put conditions on these variances and send the work to the Code Enforcement Officer. Mr. Blohm said he would like the permits in place before they come to ZBA. Mr. Blohm said they are just looking for clarity.

1. Mr. Briggs thinks if there is going to be a large project they are reviewing, it should be possible to charge extra to have someone help the Code Enforcement Officer with the monitoring of the project.

Mr. Finneral wants to start working on these, vote on them and then have them ready for the Town meeting.

Conservation Commission

1. Mr. Beauchemin said the Conservation Commission would like to give more information to residents. He said he would like to see layers on the GIS website so people will know there is a shoreland buffer, etc. Mr. Finneral said this is not an ordinance change. Mr. Thomas said she thinks that the land use coordinator must know about this. Mr. Millette said they should talk to Tiffany about this.

1. Ms. Holmes said there was a conflict about non-conforming buildings, and she is wondering if this got resolved. Mr. Finneral will look into this.

Planning Board

1. Mr. Hernick said he would like to clean up 7.8.2.1.2 discussing the woodland buffer and impervious surfaces.

1. Mr. Hernick would also like to look at the wetland buffer definition. It needs to be defined better.

Mr. Azodi asked about non-conformity.  There was a brief discussion. Mr. Millette said it is already explained in 15.1.2. Mr. Azodi thinks different people interpret this differently. Mr. Millette said it is clear how it is written regarding expansions. Mr. Millette said it is a judgement call for the ZBA.

Selectboard

1. Mr. Wheeler brought up tiny houses. Mr. Finneral said the State hasn’t said anything about tiny houses. Mr. Wheeler said we should address this issue and we can adjust if we need to when the State creates some language regarding this.

Mr. Finneral said there is a 720’ sq. ft. minimum - can this be placed on a two-car garage? Mr. Thomas said yes, this is allowable.

Mr. Finneral will do some research on tiny houses. Mr. Wheeler said we need to start somewhere.

Mr. Azodi said there are very advanced pre-fabricated tiny houses and are getting more popular. He said we are going to see more and more of them and this needs to be looked at.

Mr. Millette asked how we are going to enforce the 30 days of living in campers. Mr. Millette asked what we are trying to stop. Mr. Wheeler said the problem is that it just says 30 days/year not whether it is consecutive. Discussion ensued.

Mr. Wheeler made a motion to adjourn. Mr. Seaholm seconded the motion. All were in favor.

The meeting adjourned at 8:29 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary