Meeting Minutes

Planning Board

September 6, 2023

FINAL

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

Town Personnel: Tiffany Favreau, Land Use Coordinator

Public: Scott Hill, Richard Wright, Dan Wolfe, Bev Wolfe, Katheryn Holmes

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

Continuance - 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 gave a review of the case that was heard on August 23, 2023.

Mr. Finneral said there are changes to the plan. There is a response letter and there are three requests for waivers. He distributed some copies. 

Mr. Millette said the waivers should have been proposed in the original hearing as part of the original application process. He said he believes they need to go to the beginning of the process where they check the application for completeness.

Ms. Mitchell said it is a little late for waivers. Ms. Schultz agreed and said they would be considered conditions.

Mr. Hernick does not agree that they can’t submit the waivers. He would rather them submit them as waivers and discuss and vote on them as a group. 

Ms. Schultz wants to make sure the Board is doing everything procedurally correct. She thinks since the application was already accepted, they waivers should just be part of the discussion.

Mr. Hernick would like them to go through the plan with the changes that were requested. He made a motion to walk through the plan and the response letter and the Board can understand what has changed in the past two weeks. Mr. Seaholm seconded the motion. All were in favor.

Mr. Finneral read the response letter from the client.

1. Septic System – Location of septic and well to be shown on new site plan as it is shown on existing conditions plan. Septic and well does not need to be installed.

Mr. Eckman said they are requesting a waiver because they will not need septic or water onsite. Mr. Millette said a requirement to receive a permit in the residential area is to show a viable septic system and well. Mr. Millette said it either needs to be put on the plan, or they need to receive a waiver from the Zoning Board. Ms. Schultz said she reads it differently. Mr. Finneral said they can put as a condition to put the septic on the design or to receive a waiver from the Zoning Board.

Ms. Mitchell said it seems strange to her that it does not have septic or water. Mr. Finneral said there are other storage units that don’t have water or septic. Ms. Mitchell said the plans show an office, so there should be septic available on the premises. She wonders if there are going to be portapotties there on a permanent basis. Mr. Finneral said we have never asked anything about a septic or a well on other projects. Mr. Millette said that other plans as least show they can have one. Mr. Finneral thinks this is not an issue. Mr. Eckman said the plan should not say ‘office’ because it is just a garage. Ms. Mitchell asked if when they make the condition if they can say there will be no portapotties on the site after the construction crew leaves.

2. Right of way on Steves Road and setbacks – Eckman Engineering has updated the plans to show the Steves Road right-of-way, adjusted the setback location and open space computations.

3. Photos of existing building – Photos of the building have been added to a drawing sheet to provide the existing building elevations.

4. Parking lot – Asking for a waiver request since parking will not be needed.

Ms. Schultz made a motion to accept the waiver. Mr. Lord seconded the motion. Mr. Millette said he does not think we should be accepting waivers. Mr. Hernick said he feels we can accept waivers at any point during the case. Mr. Hernick, Ms. Mitchell, Ms. Schultz, Mr. Seaholm, Mr. Lord and Mr. Finneral all voted aye. Mr. Millette voted nay. The waiver was accepted.

5. Number of units – Ms. Schultz doesn’t know if we need to know how many units as long as we know the dimensions. Ms. Mitchell would like firewalls to go up within the building. Mr. Millette said it is important to know how many units there are because that will affect how many people are coming in and out of the property. Mr. Millette would like to see this as a condition to set a maximum number of units.

6. Parking area – Mr. Millette suggested making a condition that the parking will remain in front of the current green building.

7. Light requirements – Single light fixture and has all required information on the plan.

8. Motion activated lights – Hours of operation will be from 6 a.m. to 8:00 p.m. in the summer and 6:00 a.m. to 6:00 p.m. in the winter. The building’s mounted lights will be controlled by a motion sensor with a timer that does not allow the lights to go on outside of business hours.

9. Water drainage – Proposed infiltration system above ground and below the parking area.. Maintenance plan needed.

10. Fencing – Shown on the Landscaping Plan.

11. Same response as condition #1.

12. Building going over setback line – Building D does not go over the setback line and this was a stray line left over from dimensioning.

13. Written plan on drainage – A printed report from Hydro-CAD was submitted.

14. Lights after dark – already addressed.

15. One set of plans – Submitted only one set of plans as requested.

16. List with utility plan – Updated with open space calculations, a stormwater management operations maintenance manual and a volume metrics flowrate.

17. Elevations must be included. Mr. Millette said he doesn’t think the structure of these buildings are compatible with the character of Newbury. He would like a condition to be that the appearance of the buildings be compatible with the character of Newbury. Ms. Mitchell asked if the propane tanks will be removed. Mr. Seaholm wants the color to not be bright. Ms. Mitchell is concerned with the language of the use of ‘shop’. This is not to be used as a workshop. 

18. Boat storage taken off plans – Removed.

19. Septic System on property before paving – No septic needed. NHDES states site can have a viable septic system if required.

Mr. Finneral opened up to the public.

Mr. Wolf said he would like to request two things. 1. Professional engineer to be hired to oversee the construction and 2. That an engineer be hired to look at the filtration of the property. 

Mr. Hill said Mr. Wolf has been blocking him every step of the way. Mr. Wolf said he is asking that the drainage works.

Angie Hill said the existing building holds their equipment including jet ski and cars. She said the only reason the building is heated is because her car is in. Ms. Mitchell said when they were asked before, they said it would not be heated.

Ms. Favreau read article 11 regarding security. In regard to the septic, she read 5.14 and 3.2 and put them out to the Board.

A resident asked about enforcement. He also said there is a lot of opportunity to make things look better. 

Mr. Wolf asked what do we do to follow through with enforcement.

Mr. Wolf said prior to approval, no site preparation should be started and it has been started on this site.

Ms. Mitchell asked about the crushed stone in the drainage plans. Mr. Eckman explained what would be used.

There was discussion regarding the waiver for storage area and waste collection. Mr. Seaholm said the client was not supposed take trees down. Mr. Seaholm would like to make a condition that shrubbery will go from one end to the other side of the building.

Mr. Millette asked Ms. Favreau asked if the lots have been merged. She said, technically, yes they have been merged and has been recorded. 

The Board members went voted on the following conditions. – 

1. Putting septic on a plan or receive a variance from ZBA –Passed

Mr. Millette made a motion that the plan needs to show a well and septic on the site layout plan. Mr. Hernick amended the motion to include “or seek a variance from 5.10 from the ZBA”. Ms. Mitchell seconded the motion. Mr. Finneral voted nay, Mr. Lord voted nay, Mr. Seaholm aye, Ms. Schultz voted nay, Mr. Millette voted aye, Ms. Mitchell voted aye and Mr. Hernick voted aye. – Condition passes.

2. No Portable toilets on the property ever. – Withdrawn

Ms. Mitchell dropped the request for this condition.

3. No office use or retail. – Passed

This site plan is for storage only and no other use allowed.

Mr. Lord made a motion to make a condition that states this site plan is for storage only and no other use is allowed. Ms. Schultz seconded the motion. All were in favor. – Condition passes.

4. 180 units maximum – Passed

Mr. Millette made a motion that 180 will be the maximum number of units allowed. Mr. Lord seconded the motion. All were in favor. – Condition passes.

5. Maintenance Plan Form for Operation Manual for DrainageSystem – Passed

Mr. Lord made a motion to follow the operations manual for as long as it is in business. Mr. Seaholm seconded. All were in favor. Condition passes.

6. DES report – Withdrawn

7. Update plan to remove stray line behind building D, not showing gate. – Withdrawn as a condition.

8.  Construction is laid out in plans (drainage) – Passed

Discussion ensued.

Mr. Lord made a motion to create a condition that the applicant will provide a bond in accordance to Article 11 to install drainage, erosion control, landscaping, and other non-building improvements in an amount to be determined by Mr. Eckman. Mr. Seaholm seconded the motion. All were in favor. Condition Passed.

9. Appearance of the Building (Clapboards & Trim) – Failed

Mr. Millette made a motion to make a condition that there would be clapboards on areas that do not have doors and trim around the doors in accordance with 9.5.4. Mr. Finneral seconded the motion. Mr. Millette voted aye, Ms. Schultz voted nay, Mr. Seaholm voted nay, Mr. Lord voted nay, Mr. Finneral voted nay, Ms. Mitchell voted aye and Mr. Hernick voted aye. Condition Failed.

10. Color of Building – Passed

Mr. Seaholm think it should be all the same color (building and doors). 

Ms. Schultz stated a different color for the doors was appropriate.

Ms. Schultz made a motion to create a condition that the colors should be earth-toned. Mr. Seaholm seconded the motion. Mr. Lord voted aye, Mr. Seaholm voted aye, Ms. Schultz voted aye, Mr. Millette voted aye, Ms. Mitchell voted aye, Mr. Hernick voted aye and Mr. Finneral voted nay. Condition passed.

11. Boat Storage will not be listed – Withdrawn.

12. Shrubbery – Condition Failed.

Mr. Seaholm made a motion that the east side of Building D will have an entire row of shrubbery. Mr. Millette seconded the motion. Mr. Finneral voted nay, Mr. Hernick voted nay, Ms. Mitchell voted aye, Mr. Millette voted aye, Mr. Seaholm voted aye,  and Mr. Lord voted nay. Condition failed.

Mr. Hernick made a motion to approve the application with the six above conditions that passed. Mr. Lord seconded the motion. All were in favor.

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

The meeting adjourned at 10:17 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary

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