Meeting Minutes

Planning Board

October 20, 2020

Final

Members Present:  Bruce Healey, Chair; Mike Beaton, Vice Chair; Darren Finneral, Joanne Lord, and Richard Wright,Members; Peter Stanley, Advisor; Russell Smith, Ex-Officio Member.

Town Employees: Cal Prussman, Highway Administrator

Public: Barbara Freeman, Peter Disch

Mr. Healey called the meeting to order at 7:00 p.m.

Minutes:

The Board reviewed the minutes of September 15, 2020. Corrections were made.

Mr. Wright made a motion to accept the minutes.  Mr. Smithseconded the motion.  All were in favor.

7:05 p.m. – Newbury Housing Committee

- Ms. Freeman gave an update on the Housing sub-committee of the Planning Board. She stated they are making good progress and she has given the group a heavy workload to look at this past month. They will be meeting again tomorrow (October 21, 2020). She is hoping they will have a proposal by the fall of 2021 to be included at the spring 2022 town meeting. Ms. Freeman said that Steve Whitman (contractor who assisted with the 2017 master plan update) will be attending the next meeting. She realizes that it can take a while for a town to make decisions. They will do the best they can in the time that has been allotted. Mr. Smith asked if Mr. Whitman’s fee came out of the Planning Board budget and Mr. Healey said yes. Mr. Finneral asked what the committee is looking at. Ms. Freeman said it is looking at housing opportunity in Newbury. She said that ‘housing’ is mentioned 85 times in the Master Plan. Mr. Healey thanked Ms. Freeman for the update.

7:15 p.m. – Case 2020-005- Final Minor Site Plan Review – Welco Enterprises dba Marzelli Deli (owner), Robert Stewart (agent), for property located at 889 Route 103, Newbury, NH Tax/Map 020-044-145 – proposing to remove two walk-in coolers with dimensions of 6’ x 12’ and 8’ x 6’ and replace with two 12’ x 12’ walk- in coolers

Mr. Healey read the public notice.

Mr. Healey checked the application for completeness.  

Mr. Healey made a motion to accept the application subject to discussion on the waiver request. Mr. Smith seconded the motion. All were in favor.

Mr. Healey said the original application was approved in 2004 but a lot has changed since then. Mr. Healey said there should be a new written summary of the business. He suggests that the property owner should include this with the application. Mr. Stewart said he was not given the information he should have had prior to arriving to the meeting. Mr. Stanley said the original plan shows 12 parking spaces and now there are only 6 parking spaces. He said there are now dumpsters where there should be spaces and there is a shed that was never in the original plan. Mr. Stanley said the Board is obligated to follow its own rules. Mr. Stanley said the Board should be agreeable to resolve the difference between what was in the plan in 2004 and what is there now. Mr. Beaton said he disagrees with this. He said that the applicant is here to replace two coolers and is wondering why he is even here in front of the Planning Board. Mr. Finneralsaid we haven’t held the old owners accountable and they shouldn’t hold the new owners accountable since they bought the business as is. Mr. Healey said he thinks a simple solution is to go through the process of approving the application and if it is approved that it would be a condition precedent that the owner comes in for a conceptual to update the information that they do not currently have. Mr. Beaton does not agree. Mr. Smith said he agrees with Mr. Healey. Mr. Wright said he is concerned with the parking and wants to know when the shed was put in. Mr. Wright said he welcomes the expansion but is concerned about the limited parking. Ms. Lord asked why this was not addressed with the old owners. Mr. Healey says he wants to update their files and what the status of things are today. Mr. Wright said he thinks it would be good for them to come in and he thinks that most of their business is takeout. 

Mr. Healey said it will be in the notice of decision if this is approved this evening. Mr. Stewart thinks its only fair that if an application is going to be reviewed that the client be let knowbeforehand. Mr. Stewart said that if he had known ahead of time, he would have brought in the owner.

Mr. Healey opened the public input to the public. There being no public input, Mr. Healey closed the public input and closed the public hearing.

Mr. Healey read the following:  

Conditions set precedent by the Planning Board for final approval of this Application:

1.  The business owner shall meet with the Planning Board at the Board’s next regular monthly meeting, Tuesday, November 17, 2020, at 7:15pm, in a Site Plan Review Preliminary Conceptual Consultation.  The business owner will file with the Land Use Coordinator the application for Conceptual Consultation at least five (5) business days before the Board’s November meeting.  Submitted with the application shall be a “written summary” that describes all the requirements of the Planning Board’s Site Plan Review regulations Section 7.9.

The applicant may proceed with installation of the two (2) new walk-in coolers prior to meeting with the Board as set above as a condition.  The meeting with the Board as stated in the condition above is required for final approval of this application.

Mr. Healey made a motion to approve the application with the proposed conditions. Mr. Wright seconded the motion. All were in favor. 

Other Business: 

- Driveway Regulations – Mr. Prussman spoke about driveway access. The Board took a look at the proposed driveway regulations. Mr. Healey said that Mr. Hernick had mentioned he had a couple of suggestions. He said 3.D talking about the width. Mr. Hernick thought a 20’ driveway seems exceptionally wide. He suggested 16’ – 18’. Mr. Prussmansaid it is 20’ at the intersection of the road. Mr. Healey said as it is worded that the 20’ width is for the first 20’ of the driveway. Mr. Wright said he thinks it is a good idea to keep it the way that it is worded. Everyone agreed to keep the wording as is. Mr. Hernick also mentioned that the word ‘level’ is not defined in 11.E. He thinks a slope of 6% or lower in the 20’ to slope away from the road. Mr. Prussmansaid it is in the document. It was determined that Mr. Healey crossed it out on his copy. It was determined to put it back in the document. Mr. Healey will add this back into the document. Lastly, Mr. Hernick suggested using the wordHDPE as opposed to the corrugated metal. Mr. Prussman said the gray is better than the black. Mr. Prussman will send Mr. Healey the culvert spec. Mr. Healey said this is a work in progress and can be modified over time, but the intent is to help Mr. Prussman get some regulations in place. Mr. Healey would like to schedule a public hearing for the next meeting. Mr. Smith would like to change the wording from receiving the application from the highway administrator to either highway administrator or online. Mr. Smith also thinks theyshould get rid of the word “substantially” when it discusses the size of the driveway. Mr. Wright said you should add “as determined by the highway administrator”. Mr. Prussmansaid this should mention that this refers to only driveways on town roads versus state roads. He said the second paragraph should be deleted. Mr. Healey will make these changes and schedule a public hearing for next month. Mr. Prussmanthanked everyone for their time.

- Mount Sunapee General Manager of Mount Sunapee Resort

Mr. Disch gave an introduction of himself. He explained he has been in the industry for the past 10 years. He started at Sunapee in June. He thinks it is incredibly important to have a relationship with the town. Mr. Disch said they want to be a key partner in the community and positive stewards of the environment and the community. He explained they are planning to open on November 25, weather permitting. He said they have really taken a safety-first mindset to how they plan to operate in a safe manner this coming year during the pandemic. Mr. Disch if anyone had any questions. Mr. Healey said that past General Manager Jay Gamble always came in to the Planning Board whenever there was a topic of concern at the mountain. Mr. Healey thanked Mr. Disch for coming in. Mr. Disch asked about exterior repair and maintenance, he was confirming that he does not need a site plan review. Mr. Stanley said that is correct. Mr. Disch asked about making upgrades to snow making lines and chair lift lines. Mr. Healey said if it is maintenance to things that already exist there is no need to come in. Mr. Disch also asked about temporary structures and whether this means a tent, a warming huts, etc., especially during COVID. Mr. Smith said he said yes. Mr. Wright said the fire chief has to approve tents going up. Mr. Healey said yes, it does say that he should get approval the first time.

- Hilton – status of Permit for Earth Excavation

This application has been approved. Mr. Healey wanted to point out this is a five-year permit for Phase I (finishing up 2 acres). This permit is limited to Phase I. He will need to report to us annually to see where he is. 

- PB 2021 Budget

Mr. Healey went over the 2021 proposed budget. He explained that 1/3 of the land use coordinator’s salary is charged to the Planning Board. He explained he does not see a detailed list of where are the expenses come from. The town allocates numbers as to what they use for supplies, advertising, etc. He went over the items in the budget. He asked for more money in legal expenses and also a budget amount for the Newbury Housing Committee. 

Mr. Smith made a motion to adjourn. Mr. Wright seconded the motion.  All in favor.

The meeting adjourned at 8:56 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary

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