Meeting Minutes

Planning Board

June 20, 2023

DRAFT

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: Mark B. & Leslie A. Mandella, Josh & Brielle Chapman, Beth Gering

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

ADMINISTRATIVE:

Minutes:

The Board reviewed the minutes of April 18, 2023. 

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

The Board reviewed the minutes of May 16, 2023. 

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

Case 2023-012 – Cottage Industry Site Plan Review – Mark B. Leslie A. Manzella (owners), for property located at 140 South Road, Newbury, NH Tax Map 044-567-439, proposing small engine, power equipment service and repairs and gun smithing/sales.

Mr. Finneral found the application complete. 

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

Mr. Manzella would like to have a small engine repair and gunsmithing shop during his retirement. Mr. Manzella said it would be just himself and wife and possibly one or two other employees. This business will be by appointment only. Mr. Seaholm asked if there will be shooting on the property and Mr. Manzella said a little, but not much. Ms. Shultz asked about the special exception from the Zoning Board regarding the noise conditions. Mr. Stanley explained how this works.

Ms. Mitchell asked about the safety of these businesses and how we control the combustible materials. Mr. Stanley asked if when he discharged a firearm if there would be lead leaving his property and he said ‘no’.

Ms. Shultz asked about 7.9.5. and if he would need to come back if he wanted to make this a commercial property and Mr. Finneral said ‘yes’ they would have to come back in.

Mr. Seaholm asked if the small engine repair would be stored away and out of sight and they said ‘yes’.

Mr. Finneral said the applicant has asked for a waiver for the site plan review. Ms. Mitchell would like to see where the discharge of weapons will take place. Mr. Finneral asked if this could be a condition and Ms. Mitchell said ‘yes’. Mr. Manzella showed on a map where the firearms will be discharged. Mr. Hernick does not think it is necessary to have a waiver. All Board members agreed.

Mr. Finneral opened the case to public input. 

Randy Cline said he is the closet neighbor. He said there is another house that was dropped into the map a few years ago. He said this shop is less than 100 yards from his house. Mr. Cline asked who they go to if this is getting too loud. Mr. Finneral said there will be conditions in place. He can start with the Code Enforcement Officer, then the Selectboard. Ms. Shultz said the Selectboard recognizes the issues of the CEO in the past, but they are working very hard with the current CEO to make sure he is doing what he needs to do. Beth Gering asked about the brook and if there will be any lead near the brook. Mr. Manzella said ‘no’ it will not be near the brook.

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

Mr. Seaholm said he is worried about the noise from the firearmdischarging and would like to have a condition that he can only shoot from noon to 3:00 p.m., Monday through Friday. Mr. Manzella said it was discussed and agreed with the Zoning Board. Ms. Shultz said she does not think the Board is in a position that can put in conditions that cannot be enforced. 

Mr. Seaholm made a motion to accept the condition that gun firing only be used Monday through Friday between the hours of 12:00 pm. And 3:00 p.m. There being no second, the motion was defeated. 

Mr. Millette wants to make a condition that it will be limited to “by appointment only”. Ms. Shultz seconded the motion. All were in favor.

Ms. Mitchell made a motion to have a condition that would not allow customers to fire a gun on this property. Ms. Shultz seconded the motion.  All were in favor.

Mr. Finneral made a motion to have a condition that he follow through state and firearm regulations. Mr. Lord seconded the motion. All were in favor.

Mr. Hernick made a motion to accept the application with the conditions stated above. Ms. Shultz seconded the motion. All were in favor.

The Board signed the plans.

Case 2023-010- Final Minor 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 read the public notice.

Mr. Finneral read the application for completeness. 

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

Josh Chapman said he and his wife would like to change the use from a restaurant to an office use for an accounting business. 

Mr. Finneral said as a Board they are trying to be more consistent and why they asked them to do a formal minor site plan change of use. 

Mr. Finneral opened it up to public input. Theresa Lavoie asked if there would be any external changes to the building and the Chapmans said no, other than the sign. There being no more public input, Mr. Finneral closed the public input and the public hearing.

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

Mr. Finneral will notify the Code Enforcement Officer to let him know it has been approved.

The Board signed the plans.

Other:

Discussion of amendments to Planning Board Rules of Procedure – Mr. Finneral said everywhere it says “Selectmen” it will now say “Selectboard”. And under duties of the secretary, type up minutes within 5 business days. And under miscellaneous,  staff would be paid weekly. Under 9.1 – Meetings – Mr. Finneral would like to amend this to state that after the first four applications are received, the following applications will be forwarded to the first Tuesday of the month. Ms. Shultz said she thinks this will still too long. Mr. Hernick would recommend putting it off one week rather than two. Mr. Millette asked about conceptuals since they are shorter. Ms. Favreau said it is cases through the door. Ms. Favreau said it is first come, first serve. 

Discussion ensued. 

The Board agreed to hear a maximum four applications including new applications, continued hearings and conceptuals. The Board will meet the following Tuesday at the same place and time if there are more than four applications received. 

All proposed changes were approved. 

Mr. Finneral made a motion to approve the changes to the Planning Board Rules of Procedure. Ms. Shultz seconded the motion. All were in favor.

Discussion of scheduling work sessions for Zoning Board and other amendments – Mr. Finneral said they need to find a date to discuss this with Zoning Board. There will be a work session on Tuesday, June 27 at 7:00 p.m. for 90 minutes.

Alternates – There are two possible alternates. Beth Gering was in attendance and said she was still interested in being an alternate for the Board. Ms. Shultz made a motion to accept Ms. Gering as an alternate for three years. Mr. Lord seconded the motion. All were in favor.

Renee spoke about tiny homes and there are creative ways to offer more affordable housing.

Ms. Shultz made a motion to adjourn. Mr. Seaholm seconded the motion. All in favor.

The meeting adjourned at 9:09 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary

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