Meeting Minutes

Planning Board

August 22, 2023

FINAL

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

Town Personnel: Tiffany Favreau, Land Use Coordinator

Public: Scott Hill, April Messer, Richard Wright, Dan Wolf, Bev Wolf, Katheryn Holmes

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

ADMINISTRATIVE:

The Board reviewed the minutes of July 18, 2023. 

Mr. Millette made a motion to accept the minutes with proposed corrections.  Mr. Seaholm seconded the motion. All were in favor, other than Ms. Schultz who abstained.

Case 2023-015-Final Approval-Minor Subdivision – Thomas C. Dombroski (agent), Randall E. Barnes Rev Trust (owner), for property located at 573 Mountain Road, Newbury, NH, Tax Map 023-630-000.

Mr. Dombroski spoke on behalf of the client. He submitted awell radius easement deed that is recorded, which is applicable to Lot 1A. He also submitted a subdivision approval from DES. 

Mr. Lord asked what the 4K is indicated on the map. Mr. Dombroski said it is a state requirement.

There being no more questions from the Board, Mr. Finneral opened the public hearing.

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

Mr. Finneral asked Mr. Dombroski to have the mylar back to the Board within 30 days.

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

Case 2023-018 – Final Approval – Major Site Plan Review – Eckman Engineering, LLC (agent), Scott B. Hill (owner) proposing a self-storage and boat storage facility at property located at 705 Route 103A & Route 103A Road, Newbury, NH, Tax Map 016-036-132 & 016-003-127.

Mr. Finneral brought up a few things regarding the application. He said all Board members have a packet in front of them as well as drawings. Mr. Finneral read an email into the record that was received an hour before the meeting. The author (Dan Wolf) said he feels the application is not in compliance with the conformity of the variance that was received from the Zoning Board. Mr. Finneral said this is not part of the application process.

Mr. Finneral read the application for completeness. Ms. Mitchell said she does not feel the application is complete because they do not have the ‘correct’ approval from the Zoning Board. Mr. Hernick said he thinks the conditions have been met. Mr. Millette said if they make it incomplete, they can change it and come back and the clock is not ticking, but if we accepted the application the application would have a clock ticking. Mr. Finneral said yes, once the application is accepted, if it is not approved or denied within 65 days, it would go to the Selectboard for approval. Mr. Hernick said he does not see a conditional use permit and he wants to know if this affects the completeness of the application. It was determined this is not needed.

Mr. Millette said some changes were received yesterday, and more were given today, he is not sure if the fire chief has signed off on something that was received on such short notice. Mr. Millette thinks this makes the application incomplete. Mr. Hernick does not agree with that because the latest plan seems like it would have better emergency access.

Mr. Finneral made a motion to accept the application for completeness. Mr. Hernick seconded the motion. Mr. Finneral voted aye, Mr. Lord voted aye, Mr. Seaholm voted aye, Ms. Schultz vote aye, Mr. Millette voted nay, Ms. Mitchell voted nay, and Mr. Hernick voted aye. The application was accepted as complete.

Mr. Finneral went over the reviews of the town department heads, Selectboard and Conservation Commission.

Mr. Eckman said the new plans show a smaller unit and a larger driveway for the emergency vehicles to turn around. He also said the ZBA conditions are listed on the plans. He said all storage should be in the units and not outside. Mr. Eckman said only one access to Route 103 is allowed, he said there is a private access while the units would be built. Mr. Eckman went over the drainage on the property. 

Mr. Finneral opened up to the Board for questions. Mr. Seaholm asked about the back building and the trench with crushed stone and the gradual pitch and what happens when it goes to the end. Mr. Eckman explained the drainage and the flow path of stormwater.

Mr. Millette thinks we should move on from drainage to start discussing the buildings. He said the existing plan is missing some things that he saw on the site review. Mr. Millette said the existing building and follow to the north and there is a culvert with a pipe, and this is not shown on the plan. Mr. Millette also said a lot of fill has been brought in and trees have been taken down and this is in violation. Mr. Millette said there has been no enforcement by the Selectboard, but there should be no alterations to the property before the application is approved. He said he has problems with the existing conditions plan because these were not existing conditions. Mr. Millette said there was a septic system and well and this is not on the existing condition plan either. Mr. Eckman said it isn’t there anymore. Mr. Eckman said it has been removed. Mr. Millette said there is no well and septic system shown on this and it needs to be shown since this is in a residential district. Mr. Eckman will show where it used to be, but it is no longer there.

Mr. Hernick wants to know where the underdrain of the garden is, and Mr. Eckman showed him.

Mr. Millette said one of the plans shows a rain garden and a snow storage and asked if the snow will be scooped and dumped since it is a guardrail and curbing. Mr. Eckman said yes, this is correct. 

Ms. Mitchell asked how this will be used and if it is no longer a landscaping yard. She also wants to know why they don’t have septic as part of the plan since there is an office on the plan. Ms. Mitchell is concerned what was buried in the back lot. 

Mr. Millette asked about the right of way on Steves Road and it looks like it is reflected as only 15’ from Steves Road and it should be a 30’ setback from the right of way. Mr. Millette said that area needs to be taken out of the calculations as well. He thinks these calculations has not been done correctly. Mr. Millette said it is a right of way and the regulations say it is 30’ from the right of way. Mr. Hernick said concerning drainage, it would count toward calculations.

Mr. Millette said there should be photos of the existing building. He said details of the new buildings are not included in the plan. 

Mr. Millette also said the pavement and the amount of pavement (Section 9.8.2), the pavement in the plan is contrary to our regulations. Mr. Eckman asked what they would apply for and Mr. Hernick said it would be a waiver.

Ms. Schultz questions the wording of ‘should’ vs. ‘must’. Mr. Hernick said ‘should’ means a suggestion not a requirement.

Mr. Millette said there is no indication on how many units are going to be in the buildings. Mr. Eckman can research that and get back to the Planning Board. 

Mr. Lord said he does not think parking will be an issue because clients come and go. Mr. Millette said it depends if they are entering from the front and back or just the front. Ms. Mitchell said all clients should show parking. 

Ms. Schultz would like to see a traffic letter.

Mr. Millette asked about C2 on the utility and lighting plan, and it doesn’t show where the power goes. He asked about the roof drain drop and the underground utility. Mr. Eckman explained where the utility entrance would be which is reflected in the new plan. Mr. Millette said there are a lot of trees up against the road in which the fire chief should look at the new plan and sign off on it.

Mr. Millette said there are external lighting requirements, and he can’t tell what the lighting will be. Mr. Eckman will get clearer written details that are easier to read. Ms. Favreau showed Mr. Millette the larger plans so he could read them. Mr. Millette said the lighting details are only showing for one, not both.

Ms. Mitchell asked if they are climate-controlled units and Mr. Eckman said ‘no’. 

Mr. Finneral opened up the public hearing. Ms. Wolf asked how they are going to maintain the drainage gardens with no water onsite. Mr. Hill said, “Mother Nature will water them.”

Mr. Wolf asked about motion activated lights. Mr. Wolf asked if it will be closed after hours. Mr. Wolf said this lot is now gravel and if it is paved, there will be little ability for water to run, and how can the owner guarantee that the water going across Route 103 isn’t greater than it currently flows. Mr. Eckman said the flow rate will go down because of the underground infiltration system. 

Mr. Wolf said it doesn’t look like there is sufficient room for snow storage. Mr. Eckman said there is 37% open space and the requirement is 25%.

A resident asked if there are safety requirements for vessels. Ms. Mitchell said this would fall under the fire chief’s purview.

Nick Robart asked about #2 on the ZBA conditions and asked Mr. Eckman where this is indicated. Mr. Hill stated that he is going to put in an extra building to spite Mr. Robart. Mr. Hill is proposing 190 units. Mr. Robart asked about waste on the property. He also has concern about the burden for the residents on Steves Road. 

Mr. Finneral closed public input. 

Ms. Mitchell said she really thinks they should have septic and water on the property. 

Mr. Seaholm said at the ZBA meeting Conservation Commission indicated they were upset that they cut down trees and they said they wouldn’t cut down any more trees, but they have cut more since the ZBA meeting. Mr. Seaholm asked if there will be trees all along the building. He said the plan only shows 100 ft. of trees and not the entirety of the building.

Mr. Millette asked about the corner of the long building that goes over the setback line. Mr. Eckman said the dimension line should have been erased.

Ms. Favreau pointed the Board to 3.2.

Ms. Schultz would like to approve with conditions. 

Ms. Mitchell would like to continue. Mr. Millette agreed with holding a continuance to clean things up.

Mr. Hernick thinks we should continue as well.

Mr. Millette would like to see the density calculations.

Ms. Schultz would like to see a written plan for drainage to ensure that the runoff is no greater than what is currently there. She would like to see the lights not going off after and be dark sky compliant. Ms. Schultz would like to see environmental testing as well. Ms. Schultz would like a traffic study to be done too. Mr. Hill asked if we could get rid of the traffic study and Ms. Schultz said that would be fine. 

Mr. Finneral would like to see one set of plans when they come in next month.

Mr. Eckman went over his list that he will work on before the next meeting. This list includes:

Utility plan - underground utility going to the roof drain, open space calculations, stormwater management operations maintenance manual, volumemetric flowrate, no lights (motion sensors on timers), and size of the trucks allowed.

Mr. Millette wants them to show that trucks won’t be blocking traffic on Route 103A.

Mr. Millette said architectural elevations need to be included. 

Ms. Schultz would like to see the exit closed. She would like to see the vegetation plan.

Mr. Millette would like the words ‘boat storage’ off all the plans so it matches the Zoning Board.

Ms. Mitchell still thinks there should be septic on the property before it gets paved. 

Mr. Millette asked Mr. Eckman to show that septic on the plan that DES would accept. 

Mr. Hill asked if he could have more fill brought in. Mr. Millette says nothing can be done to the site until it has been approved. 

Ms. Schultz motioned to continue this case to Wednesday, September 6, 2023, at 7:00 p.m. Mr. Seaholm seconded the motion. All were in favor.

Other:

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

The meeting adjourned at 10:32 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary

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