Meeting Minutes

Planning Board

August 16, 2022

FINAL

Board Members Present:  Darren Finneral, Chair; Chris Hernick, Vice-Chair; Jim Lord, Chris Millette, Denise Mitchell, Members, Kristen Schultz, Alternate, Scott Wheeler, Ex-officio

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

ADMINISTRATIVE:

Minutes:

The Board reviewed the minutes of July 19, 2022. Corrections were made.

Mr. Lord made a motion to accept the minutes with proposed corrections.  Mr. Millette seconded the motion. All were in favor.

Mr. Finneral said Ms. Schultz would be a voting member this evening due to Mr. Seaholm’s absence.

Sign Case 2022-003 – DeRoche Subdivision Mylar

7:10 p.m. - Case 2022-009 Final Minor Site Plan Review – Heath Family Trust (owner), James Bruss (agent), for property located at 1485 Route 103, Newbury, NH Tax Map 007-549-130 – proposing a change of use to office and shop space and a contractor’s yard.

Mr. Finneral recused himself from this case.

Mr. Hernick read the public notice. The Board read the application for completeness. Mr. Hernick found the application complete.

Mr. Millette made a motion to accept the application as complete.  Mr. Lord seconded the motion. All were in favor.

All divisions of business will be run out of this address. If everything gets approved, construction will begin in the fall, and they hope to be in the building by the end of the year.

Ms. Mitchell asked about the parking spots.

Mr. Millette said the only construction they are looking at tonight is changing the use, exterior changes, and parking lines. Other building plans will be in different phases.

Mr. Hernick opened up the hearing to public input. There being none, Mr. Hernick closed public comment.

Mr. Millette would like to identify that the second building would be in phase two and not discussed this evening, and also where the parking spaces end and to reflect the covered ramps. There were concerns about parking spots encroaching on Chandler Road.

Mr. Millette made a motion to approve the application with the following conditions precedent:

to mark the phase 2 on the plan, provide a delineation on the plan on the travel easement, revise the plan to reflect the covered ramps and add a note that anything labeled phase two are not included in this approval.  Mr. Lord seconded the motion. All were in favor.

7:20 p.m. – Case 2022-007 – Final Major Site Plan Review – Town of Newbury (owner), Jon & Jillian Thomas (agents), for property located at 20 Sutton Road, Newbury, NH – Tax Map 043-348-244 – proposing a change of use to retail services and office to operate an  hvac business – Walco Mechanical LLC.

The Board looked at the waivers included in the application.

1. Waiver 6.7.13 – Utility Plan – Yes - Hardship

Mr. Hernick made a motion to accept the waiver.  Mr. Finneral seconded the motion. All were in favor.

2. Waiver 6.7.13.2 – Sewer Disposal System – Yes - Hardship

Mr. Millette made a motion to accept the waiver.  Mr. Hernick seconded the motion. All were in favor.

3. Waiver 6.7.13.3 – Electrical lines and equipment – Yes – Specific Circumstance

Mr. Hernick made a motion to accept the waiver.  Mr. Finneral seconded the motion. All were in favor.

4. Waiver 6.7.13.4 – Exterior lighting and Illumination – Yes – Specific Circumstance

Mr. Hernick made a motion to accept the waiver.  Mr. Millette seconded the motion. All were in favor.

5. Waiver 6.7.13.5 – Phone cable and communications lines – Yes - Specific Circumstance

Mr. Hernick made a motion to accept the waiver.  Mr. Millette seconded the motion. All were in favor.

6. Waiver 6.8 – Landscaping Plan – Yes – Specific Circumstance

Mr. Hernick made a motion to accept the waiver.  Mr. Millette seconded the motion. All were in favor.

7. Waiver 6.9 Drainage plan 6.9.4 Alteration of existing drainage patterns – Yes – Specific Circumstance

Mr. Hernick made a motion to accept the waiver.  Mr. Millette seconded the motion. All were in favor.

8. Waiver 6.10 – Structure Plan – Yes – Specific Circumstance

Mr. Lord made a motion to accept the waiver.  Ms. Schultz seconded the motion. Darren Finneral – yes, Chris Hernick – yes, Jim Lord - yes, Chris Millette - yes, Denise Mitchell - no, Kristen Schultz - yes, Scott Wheeler – yes.

9. Waiver 6.13 – Permits and Approvals – Yes - Hardship

Mr. Hernick made a motion to accept the waiver.  Ms. Schultz seconded the motion. All were in favor.

10. Waiver 6.14 – Legal documents – Yes – Specific circumstance

Mr. Hernick made a motion to accept the waiver.  Mr. Finneral seconded the motion. All were in favor.

Mr. Finneral found the application complete.

Mr. Finneral made a motion to accept the application as complete.  Mr. Hernick seconded the motion. All were in favor.

Mr. Finneral opened the hearing.

They are looking to make the building look like a barn. They will be updating the septic system. The property will not have customers going in and out, just a few employees.

Mr. Lord asked if the area will be kept wide open and they said yes. They do not plan to pave the driveway. There will be a few deliveries, but not many. Ms. Mitchell asked what use they are looking for. Mr. Hernick said the application said they are looking for retail.

Mr. Finneral opened the hearing to the public.

Mike ? said there is a fuel tank that is under the garage. He thinks there should be a water test due to the possible contamination of the old fuel tank.

Angela Murphy said she lives across the street. She said she has an issue with lighting that might go in and deliveries. She also said that she is worried about accidents coming out of her driveway. She said that drainage is also a problem.

Mr. Thomas said they have been operating out of Bradford for many years and have never had any complaints from neighbors. There is one delivery that arrives early in the morning.

Dan Wolf said that the State signed off on this in 2003 for the soil. The soil was dug up and all set. He also said this property has been owned by the Town since the 1950’s. Dan said it will be better to sell the property and have someone maintaining the property and receiving some tax revenue from it.

Mr. Finneral closed the public hearing.

Ms. Mitchell said the property is not in the flood zone. She also said she thinks lighting is very important.

Mr. Millette asked about their facility in Bradford. He asked if the boilers will be stacked in the building or outside. Mr. Thomas said he plans to have an inconspicuous spot on the property.

Mr. Thomas said they will test the water and do a ground water test.

Mr. Wheeler asked if there would be any conditions.

Mr. Millette wants to put in a condition about storage. Mr. Thomas said they can put up a fence to hide things. Mr. Millette said there should be some thought about getting the road agent in to look at the property. Mr. Lord thinks signage could work for the traffic flow.

Ms. Favreau said this property is part commercial and part residential so outside fencing should be in the business area.

Mr. Wheeler made a motion to approve the application with the following conditions precedent:

Outside storage will be contained in an area in the business area outside of the wetland area and fix the site plan with correct tax and map number.  Mr. Lord seconded the motion. All were in favor.

Mr. Finneral made a motion to adjourn. Mr. Lord seconded the motion. All in favor.

The meeting adjourned at 9:27 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary