Meeting Minutes

Planning Board

August 15, 2023

FINAL

Board Members Present:  Darren Finneral, Chair; Chris Hernick, Vice Chair; Beth Gering, Jim Lord, Chris Millette, Wayne Seaholm, Members; Kristen Schultz, Ex Officio.

Town Personnel: Tiffany Favreau, Land Use Coordinator

Public: Renee Theall, Bob Stewart, Katheryn Holmes, David Rhodes, Josh Perkins, Stephanie Howes, Joanne Lord, Peter Disch & more.

Mr. Finneral called the meeting to order at 7:03 p.m.

ADMINISTRATIVE:

Renee Theall would like to host a meet and greet at the Transfer Station. Mr. Finneral said he will bring this topic up with the Selectboard on Monday, August 21, 2023. Ms. Theall will send Mr. Finneral some dates to host.

Continuance Case 2023-006 – Final Approval Minor Subdivision – Clayton Platt, (agent), CHM Perkins, LLC (owner), for property located at 1485 Route 103, Newbury, NH, Tax Map 007-549-130.

Mr. Finneral said they submitted  a written request for a continuance. Mr. Finneral said they can continue but they would need to see them in September to meet the 65-day continuance requirement. If they are not ready by September, they will need to withdraw their application and reapply.

Ms. Schultz made a motion to continue this case on Tuesday, September 19 at 7:10 p.m. Mr. Seaholm seconded the motion. All were in favor.

Mr. Finneral said there is something wrong with the signed copy for Palace Pizza and he does not want the applicant to have to pay for their error. The Board decided what they want to see from the applicant and if they see the changes, they will sign the approval.

Case 2023-003 – Final Approval – Major Site Plan Review – Joshua & Katharine Perkins & RCS Designs, (agents), Town of Newbury (owner) proposing a contractor’s yard at property located at 20 Sutton Road, Newbury, NH, Tax Map 043-348-244.

Mr. Finneral read the application for completeness. Mr. Finneral mentioned three waivers in the application. Mr. Finneral found the application complete.

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

Mr. Finneral explained that someone illegally took the copy of the public notice for this case on town property and wrote “please help oppose the sale”. This person also stuffed these in multiple mailboxes in South Newbury. Newbury Police have been alerted to this crime.

Mr. Stewart presented the case. He said there would be no change to the site plan. They would like to store equipment here using it as a contractor’s yard. Mr. Stewart said Stoneface Excavating would be able to store their equipment in the building on the property. He said this is not a move of this company, it is merely an auxiliary use to his business. Mr. Josh Perkins is the only full-time employee at this business. Mr. Stewart said it is a low key, low use business. There will also be no changes to the building as well, other than doing some maintenance. Mr. Stewart said some material might also be staged on this property such as sand, crushed stone, etc. at some times. There will be no change to the impervious area.

Mr. Stewart said they will follow the Newbury noise ordinance. Traffic would be infrequent.  There is only one full-time employee and sometimes a part-time employee. There could be up to 10 trips per day, but on average it is estimated that it would be used about five times a day. This is not a commercial business, so there is no plan for parking. There is no change to the electrical. Mr. Stewart said there are photos in their packet. He explained there are oversized doors for him to use for Mr. Perkins equipment. The only other building is the sand storage shed and there is no proposal to change this building. There will be no change to lighting. Mr. Stewart said this is pretty straightforward.

Mr. Finneral read a letter by the Selectboard asking about the temperature of the storage. Mr. Stewart said there is no need for temperature control for the storage. Fire chief, police chief and highway administrator had no concerns. 

Mr. Perkins received a special exception from the Zoning Board. 

Mr. Stewart said the area is shaded by the brook and there are no special needs for temperatures for the storage.

Mr. Finneral went over the three waivers.

Waiver #1 – 6.8 Landscaping Plan – No landscaping necessary so they would like this waived.

Ms. Schultz motioned to approve waiver #1. Mr. Lord seconded the motion. All were in favor.

Waiver #2 – 6.9 Drainage Plan – There will be no change to the drainage to the lot.

Mr. Finneral made a motion to approve waiver #2. Mr. Lord seconded the motion. All were in favor.

Waiver #3 – 6.10 - Structure Plan – There are no proposed changes to the current buildings and no proposal for new buildings on the site.

Ms. Schultz made a motion to approve waiver #3. Mr. Seaholm seconded the motion. All were in favor. 

Mr. Finneral read a letter into the record written on August 15by a resident. Their concern was heavy equipment turning into in and out of the property.

Mr. Finneral opened public input.

Selectman Joanne Lord is in support of this application.

Stephanie Howes wanted to know how much disturbance will be taking place on this property and what the general hours of operation would be. Mr. Stewart said most of the operation will take place during regular hours of the day. Ms. Howes asked about the flooding of Andrew Brook. She said she wanted to mention it might be a good idea to put something by the edge. Ms. Howes asked if in the future would have more at this site, and Mr. Stewart said if there would be a change, they would need to come back to the Planning Board.

A resident asked if there would be junk cars showing or will it be in the building. Mr. Stewart said no, everything will be inside other than perhaps a trailer to use to move his equipment. 

There being no more comment, Mr. Finneral closed the public hearing.

Mr. Finneral asked the Board if they have any questions. 

Mr. Finneral asked if they are going to paint the building. Mr. Stewart said yes and also will be replacing the roof. He said it will match the tidiness of his other property.

Mr. Millette would like a couple of conditions. He would like a condition mentioning there would be no hazardous materials in the material storage area and the pole barn. He also would like it would be a condition that the site plan is only approved if the purchase goes through with the Town.

Mr. Hernick asked Mr. Stewart to explain what is going on with the well. Mr. Stewart said when the taking of Route 103 happened, there were gaps in the property that were created by the division of the road. Mr. Stewart said the surveyor couldn’t say whether or not the Town owns that property. He said he would be able to continue to use the well since it has been used for the past 20+ years.

Mr. Seaholm made a motion to approve the application with the conditions that there would be no hazardous materials in the material storage area and the pole barn and the site plan is only put into place if the purchase goes through with the Town. Ms. Schultz seconded the motion. All were in favor.

Case 2023-016 – Conditional Use Permit – Horizons Engineering, Inc. (agent), Sunapee Difference, LLC (owner) for land disturbance in the wetland buffer proposing a modification to the drop-off zone in front of the Mount Sunapee Lodge at property located at 156 Mount Sunapee Road, Tax Map 013-386-092A.

Mr. Hernick recused himself from the case.

Ms. Gering mentioned the address was wrong. Mr. Finneral said he changed it to the correct address. Mr. Hernick distributed a map of the area to be discussed.

Mr. Finneral found the application complete.

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

Mr. Hernick explained the proposal. They would like to change the drop off area in Parking Lot #1. They would like to change the flow by the Learning Center. This is fairly close to the upper end of Beck Brook, so they are here for approval. He said there is a 75’ buffer to wetlands. He explained they are proposing a pedestrian bridge past the 75’ buffer to the brook as well as six new parking spaces. Mr. Finneral asked how much wetland buffer is being disturbed. Mr. Hernick showed on the map the spaces that would be affected. There are four spaces that would be in the buffer. Ms. Schultz said there is a lot of disturbance to wetlands in all of these projects coming up. Mr. Seaholm asked for clarification of what they are adding. Mr. Hernick said there would be the addition of six additional spaces. Mr. Hernick said they could take out the six parking spaces but leave the rest of the project. 

Waiver #1 – 8.7.5.1 

Mr. Millette made a motion to approve waiver #1 with the removal of the four spaces in the wetland buffer in the application. Ms. Schultz seconded the motion. All were in favor.

Waiver #2 - 8.7.5.2 

Mr. Millette made a motion to approve waiver #2 for the bridge but not the four spaces in the buffer. Ms. Schultz seconded the motion. All were in favor.

Waiver #3 - 8.7.5.3  

Mr. Millette made a motion to approve waiver #3. Mr. Lord seconded the motion. 

Mr. Finneral voted aye, Mr. Lord voted aye, Mr. Seaholm voted aye, Ms. Schultz abstained, Mr. Millette voted aye, and Ms. Gering voted aye.

Mr. Finneral opened up the public hearing. Mr. Stewart asked about the drainage. 

Mr. Stewart said this project was an add on and it should have been with all of the other projects to be fair. 

Mr. Hernick said there is a five-year plan for large plans including bigger projects. He said this is a smaller plan. This is a need that was seen this summer. 

The General Manager Peter Disch of Sunapee Resort said they are looking at the period of prime drop off for ski school drop offs.

8.7.7.4 – Mr. Finneral asked how the Planning Board can give more notice to the Newbury Conservation Commission. Ms. Favreau sent it on July 26 to NCC. 

Ms. Holmes said there is a lot to consider. 

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

Mr. Millette made a motion to approve the conditional use permit with the removal of the four parking spaces in the wetland buffer. Mr. Seaholm seconded the motion. All were in favor.

Case 2023-017 – Final Minor Site Plan Review – Horizons Engineering, Inc. (agent), Sunapee Difference, LLC (owner) proposing a modification to the drop-off zone in front of the Mount Sunapee Lodge at property located at 156 Mount Sunapee Road, Tax Map 013-386-092A.

Mr. Hernick recused himself from the case.

Mr. Finneral checked the application for completeness.  

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

Mr. Hernick said it is the same project for the drop off area. There would be a change in drop off. Ms. Schultz asked how many buses would drop off at a time. Mr. Hernick said usually just one or two at a time. Ms. Gering asked Mr. Hernick to point out the sidewalk area. Mr. Millette asked about the temporary barrier and Mr. Hernick thought jersey barriers.

Mr. Finneral opened the hearing up to the public. Ms. Holmes asked where the road to the snowmaking would be on the plan. She said there is a lot of drop off already. She asked where NESA drops off and Mr. Disch said they have their own designated area. There being no more public input, Mr. Finneral closed the public hearing.

Mr. Millette made a motion to approve the minor site plan review with the condition of eliminating the four parking spaces in the wetland buffer. Mr. Seaholm seconded the motion. All were in favor. 

Other:

Mr. Seaholm thinks when they do a site review, they should have ID’s when they are on private roads. 

Mr. Millette said private roads does not bar public use.

Mr. Millette made a motion to adjourn. Ms. Schultz seconded the motion. All in favor.

The meeting adjourned at 9:29 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary

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