Meeting Minutes

Planning Board

January 17, 2023

FINAL

Board Members Present:  Darren Finneral, Chair; Chris Hernick, Vice-Chair; Jim Lord, Chris Millette, Denise Mitchell, Wayne Seaholm, Members; Scott Wheeler, ex-officio.

Mr. Finneral called the meeting to order at 7:02 p.m.

ADMINISTRATIVE:

Minutes:

The Board reviewed the minutes of December 20, 2022. 

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

The Board reviewed the minutes of the public hearing of January 5, 2023. 

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

Mr. Finneral explained that not everything will be captured in the minutes and that is okay, as long as all the votes and conditions are listed.

Mr. Finneral asked the Board members if they would like to move the February meeting to the Veterans Hall and have it on the same date or change the date to the following Wednesday and hold it in the Town Hall. Ms. Mitchell said the Board should hold it on Wednesday so the public can go to both meetings. Mr. Millette said he thought it should remain on Tuesday for consistency’s sake. A vote was taken. Mr. Wheeler, Mr. Hernick, Mr. Seaholm and Mr. Lord all said they didn’t care either way. Mr. Finneral made the decision to move it to Wednesday, February 22, 2023.

Mr. Finneral said everything has been turned into the Town Clerk for the 2023 town ballot.

7:10 p.m. Case 2023-001- Conditional Use Permit- Robert Stewart of RCS Designs (agent),

Richard J. Marzelli (owner) for land disturbance in the wetland buffer concerning placement of a proposed driveway, proposed well and a portion of a proposed single-family dwelling located at Mountain Road, Tax Map 024-685-443.

Mr. Finneral read the application for completeness. Mr. Finneral made a motion to accept the application as complete. Mr. Lord seconded the motion. All were in favor.

Mr. Wheeler recused himself because he does work for the owner.

Mr. Stewart gave a description as to what the owner would like to do. He explained the owner is starting over. Mr. Stewart said the original proposed house was 26’ x 38’ and had state septic approval. It has now been revised to 26’ x 28’. They are trying to keep it outside of the 150’ wetland buffer area. Mr. Stewart explained where the house, driveway, septic and well would be located. He said the project was started 25 years ago and before the wetland buffer zone restrictions. He explained there is an impervious driveway already there. They would like to move the building and stormwater management for the building as well as erosion control.

Mr. Millette asked if the dwelling could be moved closer to the septic field. Mr. Hernick said that puts it at the 150’ buffer of the stream. Mr. Millette said he believes this needs to  go to the Zoning Board.

Mr. Stanley said his advice would be to send this to the ZBA, have them approve it and then have them come back to the Planning Board.

Mr. Stewart read for the record 8.7.2, 8.7.3 and 8.7.4.

Mr. Finneral opened the hearing to the public.

Peter Hilprin is concerned about the placement of the shed. Mr. Stewart said there is a 15’ side setback in the Town of Newbury. He said the building is within that setback.

Mr. Finneral read a letter from Mr. Hilprin into the record. He said he was not notified of the application, and he is an abutter. He also voiced concern over the new proposed location of the shed. 

Mr. Finneral closed the public input.

Ms. Mitchell asked about the approved septic and whether that concerns the Board at all. Mr. Finneral said it does not matter. Mr. Stanley agreed.

Mr. Hernick asked Mr. Stanley his opinion of Mr. Stewart’s reading of 8.7.2 and 8.7.3. Mr. Stanley said that is up to the Board to decide. He feels that a house should not be included and that he should make his case to the ZBA and receive a variance.

Mr. Hernick motioned to approve with the condition precedent to receive a zoning variance for the reduced building setback to wetlands and for which the Planning Board recommends approval. It will be a reduction in requirements for 8.6. Mr. Millette seconded motion. All were in favor.

Other:

Clarification requested from Town Highway Administrator, Police Chief and Fire Chief on the condition precedent from Planning Board for Case 2022-014-Appeal of a Denied Driveway Access Permit-Jeffrey S. & Laura Trow (owners), for property located at Stone Wall Ln., Newbury, NH Tax Map 16A-214-517

Ms. Mitchell said it shows up on Stone Wall Lane and the Town does not own it. She said the property owner owns on a private road. She said she thought the Town has no governance over this. She thinks this is a civil matter. 

Mr. Finneral asked the Board what they want to do. Mr. Stanley said this shouldn’t have been approved in the first place.

Matt Conway said they have property on the sixth lot of this ‘driveway’. He said no one knows who owns it. He hired an attorney, and he does not own that land and the Town said they don’t own it. 

Mr. Hernick said 13.11 on page 60 said the lowest road listed is a minimal service road.

Mr. Stanley said there are some law firms that work specifically on roads. He thinks the Board should receive expert advice on how to do this and not guess as they go along. Mr. Stanley said there a lot of ramifications to this. 

Mr. Wheeler said he thinks he and Mr. Finneral should get together with town counsel. Mr. Finneral agreed. 

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

The meeting adjourned at 8:24 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary