Meeting Minutes

Planning Board

May 16, 2023

FINAL

Board Members Present:  Darren Finneral, Chair; Chris Hernick, Vice Chair; Jim Lord, Chris Millette, Denise Mitchell, Wayne Seaholm, Members; Kristin Schultz, Ex Officio; Peter Stanley, Consultant.

Town Personnel: Tiffany Favreau, Land Use Coordinator

Public: Katheryn Holmes, David Rhodes, Josh Chapman, Brielle Chapman, Joe Maynard, Renee Theall, Steve Howard, Glen Forward, Ted Jones, Diane Jones, Deb Forward, Peter Disch, Rick Ruggles, Michele Lucey, Scot Lucey, Bob Stewart, Armen Tarbassian, Janelle Sprague and Steve Schultz.

Mr. Finneral called the meeting to order at 7:01 p.m.

ADMINISTRATIVE:

Mr. Finneral mentioned two people have shown interestbecoming Planning Board alternates. He will reach out to both of them.

Mr. Finneral recognized that there are 5 cases and 2 conceptualsto be looked at this evening. He said he thinks that is too much. Moving forward, the Board has two options to make sure this does not happen again.

1.  If there is more than a certain number of cases, then a second meeting date will be scheduled for additional cases.

2. There can be a time limit for each meeting, and they will only hear the cases that fall in that time frame. If there are more cases to be heard, a second date will be scheduled.

The Board agreed that they will discuss these alternatives at thenext meeting.

Case 2023-010- Conceptual Site Plan Review – CAL Properties LLC (owner), for property located at 104 Route 103, Newbury, NH Tax Map 050-531-080, proposing a professional office building.

Josh and Brielle Chapman would like to change a building from a past restaurant use to a professional office building use. There will be no changes to the exterior of the building. There are currently only two employees, with the possibility of a third employee in the near future. 

Mr. Finneral said to familiarize themselves with the zoning regulations before they come back for a hearing. 

There was discussion as to whether they would need a site plan review. The Board agreed they would need a minor site plan review since it is a change of use. Mr. Finneral said they can put in for waivers. Mr. Finneral went over what they would need to get together for their application.

Case 2023-007 – Appeal of a Denied Driveway Access Permit– Benchmark LLC (agent), Rachel & John Polgrean (owners), for property located at Chapin Way, Newbury, NH, Tax Map 048-599-103.

Mr. Finneral read the public notice.

Mr. Joe Maynard from Benchmark on behalf of the Polgreans. The Planning Board approved this seven-acre application in 2005. The grades on the original plan for the driveway would require a large cut. The owners would like a much more gradual driveway in a different location. He said they would meet all the driveway requirements. Mr. Maynard explained the details of the lot. Ms. Mitchell asked why the driveway was denied. Mr. Finneral said the driveway permit was denied because it was not where it was originally approved to go. Mr. Millette said since the original driveway would be more than the 20% slope, so if it was put in where it was originally approved to put in, it would violate the driveway regulations. Mr. Maynard said that is correct unless they cut into the slope. Mr. Stanley explained that if the appeal is granted it would take precedence over the denial by the town departments (fire, highway).

Mr. Finneral said the application is complete. 

Mr. Finneral opened the hearing for public input. 

Mr. Ted Jones (abutter) said this driveway location makes more sense than the original proposed location.

Mr. Glen Forward (abutter) also agreed this is a better location for the driveway. Mr. Finneral asked how many other lots are up there that can be built. Mr. Forward said there are about five houses going in this year. Mr. Finneral asked if anyone else would be asking to have their driveway moved in this area and Mr. Forward said he didn’t think so because all the other locations looked like they were properly located.

Mr. Finneral closed the public input.

Mr. Hernick made a motion to approve the appeal. Mr. Lord seconded the motion. All were in favor.

Case 2023-008 – Conditional Use Permit  – Robert Stewart of RCS Designs (agent), Michele & Scot Lucey (owners) for land disturbance in the wetland buffer concerning placement of a proposed garage, driveway and disturbing some area for the fill extension of the septic located at Ramblewood Place, Tax Map 017-212-412l.

Mr. Finneral found the application complete.

Ms. Schultz made a motion to accept the application as complete. Mr. Seaholm seconded the motion. All were in favor.

Mr. Finneral opened the hearing and invited Mr. Stewart up. Mr. Stewart showed the plan which differs from the original plan. Mr. Stewart said the original building was a 28’ x 38’ but now it is 24’ x 30’. All changes made to the building were due to the results of the last meeting with the Planning Board. He showed where the proposed driveway would be located and showed the setback and the buffer area. He said they now have 800 sq. ft. less of impervious surface within the buffer. He said only about 17% of this lot would be considered buildable minus the buffer and the wetlands. Mr. Stewart hope the Board takes into consideration that the wetland overlay district came in years after this lot was created. 

Ms. Shutlz asked about erosion control and the maintenance plans of this lot. Mr. Stewart said if there is any planting that needs to be done, it would be done on the slope.

Mr. Millette asked about the garage and the driveway and why it can’t be turned. Mr. Stewart said they have to get past the garage. Mr. Hernick said he doesn’t think they could fit the entire building in due to setback lines. Mr. Stewart explained why the building can’t be moved. Mr. Millette asked about the wetland going into a stream and Mr. Stewart said it might go into a seasonal stream.

Mr. Finneral went over the definition and explanation of a conditional use permit. 

Mr. Finneral asked if there were any comments on 8.7.5.1. 

Ms. Schultz made a motion that that condition was met. Mr. Lord seconded the motion. Mr. Hernick voted aye, Ms. Mitchellvoted nay, Mr. Millette voted aye, Ms. Schultz voted aye, Mr. Seaholm voted aye, Mr. Lord voted aye and Mr. Finneral voted aye. Mr. Finneral said the condition was met.

Mr. Finneral read 8.7.5.2. Mr. Seaholm made a motion to accept this condition as being met. Mr. Millette seconded the motion. All were in favor.

Mr. Finneral read 8.7.5.3. Mr. Lord made a motion to accept this condition as being met. Ms. Schultz seconded the motion. All were in favor.

Mr. Finneral opened the hearing up to the public.

Ms. Fa asked if the owner planned on living in one of the properties and Mr. Stewart said yes. 

Mr. Finneral read a letter from the Conservation Commission. The letter indicated they were in favor of the project with the following conditions: Stormwater measures in the plans and erosion control to be in place to prevent disturbance to the lot, supply town with an as built plan depicting the improvements to show compliance prior to receiving a permit.

Armen Tarbassian (abutter) said it was presented that there is a seasonable brook, but there is a running culvert on the far side of the property, and he believes the wetland is more substantial than indicated. He showed a map, and he suggested that this is not where the creek is and also there are other people in Ramblewood that had to move their septic systems. He has concerns about the septic system, and he is concerned about the seasonal brook. Mr. Stewart said he stands by his work. He said there is no brook on this lot. He said there is no indication of movement or water running. Mr. Tarbassian said his experience is that there is water there.

Ms. Holmes said she has walked the property and agrees it is a challenging lot. She feels Mr. Stewart has worked really hard to come up with a reasonable design. Ms. Holmes said it is really important for Board members to do site visits.

There was some discussion about wetlands on the property.

There being no more public input, Mr. Finneral closed the public input.

Mr. Finneral closed the public hearing.

Mr. Hernick made a motion to approve the conditional use permit with the conditions pointed out by the Newbury Conservation Commission. Mr. Lord seconded the motion. All were in favor.

Case 2023-004 – Final Minor Site Plan Review – Horizons Engineering, Inc. (agent), Sunapee Difference, LLC (owner) for land disturbance in the wetland buffer proposing an expansion of the existing “Parking Lot #2” and the construction of a new “Parking Lot #4” at property located at 156 Mount Sunapee Road, Tax Map 013-386-092A.

Mr. Finneral checked the application for completeness. Mr. Finneral will be distributing some copies of new plans for the project.

Mr. Finneral made a motion to accept the application for completeness. Ms. Schultz seconded the motion. All were in favor.

Mr. Hernick recused himself from the case.

Mr. Hernick went over the proposed plan. He pointed out some minor changes to the original plan.

There was discussion regarding the wetland on this site. Mr. Milette asked about the underground drainage. Mr. Hernick spoke about the culvert and treatment system which takes care of the underground drainage.

Ms. Shultz asked how many more spots would be added and Mr. Hernick responded 274 total with the two proposals. Ms. Shultz asked what the mountain capacity is and Mr. Ruggles said the parking capacity is designed as 2,130 parking spaces but the actual use of the parking lot is 16% smaller than what they thought it was. It is around 1785 parking spaces currently. Ms. Schultz asked what the ski mountain capacity is. Mr. Millette said this would be in the site plan. Mr. Finneral said they need to focus on the conditional use permit at this point in time.

Mr. Finneral went over the standards on the application. 

Ms. Schultz made a motion that the condition has been met in which the use can’t be implemented outside the wetland buffer as described in 8.7.5.1. Mr. Millette seconded the motion. All were in favor.

Mr. Finneral read 8.7.5.2. Ms. Schultz asked about increased parking by Parking Lot 3 and Mr. Hernick said that area is outside the lease area of the mountain.

Mr. Millette asked why they couldn’t go opposite of Lot 3 and Mr. Hernick said it is outside the lease area.

Mr. Finneral made a motion that the standard was met for 8.7.5.2. Mr. Lord seconded the motion. All were in favor.

Mr. Finneral read 8.7.5.3. Mr. Hernick said they are proposing eroding control practices to restrict stormwater runoff going into wetlands.

Mr. Lord mad a motion that the standards were met for 8.7.5.3. Mr. Finneral seconded the motion. All were in favor.

Mr. Finneral opened the public input.

Mr. Finneral read a letter from the Newbury Conservation Commission. Mr. Stewart said the Conservation Commissionmet with the applicants at a recent meeting.

Mr. Stewart asked about a water source that is being redirected through the parking lot. Mr. Stewart believes there should be zoning action regarding this topic. He also said that regarding 8.7.5.1, the Commission wants to make sure that everyone is looking at the sprayers. He said there is a wetland next to the sprayers. 

Discussion ensued regarding the wetlands and the spray fields.

Mr. Lord would like to make a condition of getting all DES permits receive approvals. 

Mr. Lord made a motion to accept the conditional use permit with the condition of receiving all DES permits approved. Ms. Shultz seconded the motion. All were in favor.

Case 2023-004 – Final Minor Site Plan Review – Horizons Engineering, Inc. (agent), Sunapee Difference, LLC (owner) proposing an expansion of the existing “Parking Lot #2: and the construction of a new “Parking Lot #4” at property located at 156 Mount Sunapee Road, Tax Map 013-386-092A.

Mr. Finneral read the application for completeness. 

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

Mr. Hernick said the project is to increase parking at Mount Sunapee. He quickly reviewed the project with the Board. This will add 274 new parking spaces. There will be 48 new spaces in Parking Lot 2 and will add some islands to increase performance in this lot. 

Mr. Finneral said he did walk the property where the proposed expansion will take place. He said it was really wet and there are a lot of trees to be cut for this project. He said it is a shame that there needs to be such a big cut, but it is growth for the area.

Ms. Mitchell said she saw people walking in ski boots all the way down to Route 103. She said the concern she has is there is a big area and she would have liked to see bigger planting areas. 

There was discussion as to what the snow removal plan will be. Ms. Schultz again asked about mountain capacity. Mr. Ruggles said the lifts have a fixed capacity. This expansion is solely for parking capacity.

Ms. Shultz asked if the past traffic issues was due to lack of parking and Mr. Ruggles said yes, it was definitely a factor.

Mr. Stanley thinks there should be more plantings included in this project. He suggested providing some baseline hard data on what the impact is right now and if it is considered normal. He thinks there should be more quantitative information included in the project.

Mr. Finneral opened up the public input.

Mr. Stewart asked about the response from the Newbury Conservation Commission letter. Mr. Hernick gave him a copy of the written response.

Ms. Holmes asked if there was a soil test in the wetlands and Mr. Hernick replied no. Ms. Holmes said she thinks this would be a good idea.

Mr. Stewart asked if Horizon Engineering and Vail will take mitigations in other areas, not just the area we are speaking about.

Mr. Finneral closed public input.

Mr. Finneral would like to see the snowplow plan for all parking lots. He also would like a preconstruction sampling of the brook. Mr. Stanley suggests doing more than one sample. Mr. Millette asked what our expertise is in reading that information and the Planning Board has any enforcement over whether there is an impact on the construction. Mr. Stanley said there has to be data conducted prior to construction. He said it should be tested after storm events.

Ms. Schultz made a motion to approve the application with the following conditions:

1. Submit a snowplow plan for Parking Lots 2 and 4.

2.  Every effort should be made to make mitigation plans on site.

Mr. Seaholm seconded the motion. All were in favor.

The Board members signed the Vail Minor Site Plan.

Case 2023-005 – Final Minor Site Plan Review – CHM Perkins, LLC (owner), James Soule (agent), for property located at 1485 Route 103, Newbury, NH Tax Map 007-549-130, proposing a restaurant and tavern.

Mr. Finneral read the public notice.

Mr. Finneral checked the application for completeness. 

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

James Soule is looking to open a restaurant and tavern. Ms. Shultz asked if he is proposing 35 parking spots and Mr. Soule replied 24.

Mr. Soule will be submitting an external plan indicating the moving of the contractor yard updating the parking to indicate 24 spots and the property lines.

Mr. Finneral opened public input. There being none, Mr. Finneral closed public input.

Ms. Mitchell would like to see the following done to the new exterior plan: remove the contractor’s lot, add/move the handicap parking, change to 24 spots from 35 lots, add a location to where a light will go, stakes rather than a fence, and show the accurate property line in the front. On the interior plan she would like to see table placement and remove one restroom as a storage area.

Ms. Schultz made a motion to approve with the above conditions to the exterior and interior plans. Mr. Seaholm seconded the motion. All were in favor.

Case 2023-011 – Conceptual Site Plan Review – Janelle Sprague (agent), Sunapee Bluebird Holdings LLC (owner), for property located at 1403 Route 103, Newbury, NH Tax Map 007-344-105, proposing hosted events and installation of structure(s) and seating in field area on property. 

Ms. Sprague said she has had interest in hosting events in the field. It is in a residential area, so she would like permission to allow these events. She would also like to create a covered area for recreational areas for cornhole area.

Mr. Finneral said this would need to go to the Zoning Board first to allow this to change to a commercial property. He explained she should go to the Lane Use Coordinator for an application and hearing.

There was discussion as to what type of use they will be requesting from the Zoning Board. Ms. Sprague will come into the Town Office and fill out the proper paperwork to be seen in front of the Zoning Board.

Other:

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

The meeting adjourned at 12:08 a.m.

Respectfully submitted,

Donna S. Long

Recording Secretary

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