Meeting Minutes
Planning Board
November 21, 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, Beth Gering, Alternate; Peter Stanley, Consultant.
Town Personnel: Tiffany Favreau, Land Use Coordinator
Mr. Finneral called the working session to order at 6:00 p.m.
ADMINISTRATIVE:
The Board reviewed the proposed changes to the Newbury Building Regulations.
There was discussion regarding dropping the limit square feet of living floor space in a single-family dwelling. Mr. Finneral will type this up and will have a date prepared for a public hearing in January.
The Board then reviewed the regulations related to Floodplain Development in reference to the National Flood Insurance program. This will be listed as a warrant article. Mr. Millette wants to make sure that the rationale includes that if the changes are not approved, the residents will not be able to receive flood insurance through the National Flood Insurance Program.
The Board then reviewed some suggested changes to Zoning Ordinances. The following were discussed:
There was discussion regarding 2.20 and the proposed definition of building heights under zoning ordinances. It was decided to not change this definition this year and to revisit next year.
The Board discussed the proposed change to 3.1 and it will be changed to “Selectboard”.
The Board discussed 3.2 and sanitary systems. The Code Enforcement Officer would like to change the words “or bathrooms”. It was decided to leave this alone and will be looked at next year, but will be reviewed next year.
The Board looked at 4.6. The Code Enforcement Officer would like to take out docks. It was decided to leave this alone.
The Board looked at 5.9 for setback requirements for septic systems. This will be left alone.
6.12.4 will be left alone.
7.5 – Wastewater Disposal – The Board decided to leave this alone.
7.7.5 – The proposal is to remove this entirely. It was decided to leave this alone.
13.2.1 – There was an administrative change that has already been taken care of.
The Working Session was closed and Mr. Finneral called the meeting to order at 7:00 p.m.
The Board reviewed the minutes of October 17, 2023.
Mr. Millette made a motion to accept the minutes with proposed corrections. Ms. Schultz seconded the motion. All were in favor.
Mr. Millette said he thinks the Board needs to be more clear tot applicants about not changing things on their property in between the conceptual stage and the site plan review.
Case 2023-002-Case – Final Amended Subdivision – Leslie McLane Living Trust & William McLane II Living Trust (owners), for property located at 68 High Point Road, Newbury, NH Tax Map 030-275-316, proposing different location of building envelope from approved subdivision plan.
Mr. Finneral found the application complete. Ms. Schultz made a motion to accept the application as complete. Mr. Lord seconded the motion. All were in favor.
Mr. McLane said they received a variance from the Zoning Board (18.7.4) to put the house in the location they would like to put it rather than where it was originally approved. They would like to move the house to the proposed location so the neighbors won’t see the house as much as where it was originally approved.
Mr. Finneral opened up for public input. There being none, Mr. Finneral closed public input.
Mr. Millette said the building envelope from the existing approved plan may go over the ridgeline but the new proposed one will definitely go over the ridgeline and he thinks it is in contradiction of 18.1. There was discussion regarding the skyline and the effect the proposed house would have on it. Mr. Millette said he cannot see how the Planning Board can approve this. Ms. Schultz agreed with this.
The Board suggested they apply for a variance for 18.1with the Zoning Board.
Mr. Finneral made a motion that this application will be continued to January 16, 2024, at 7:10 p.m. if they receive a variance from the Zoning Board of Adjustment.
Case 2023-022 – Final Approval – Minor Site Plan Review – RCS Designs (agent), Joshua D. & Katharine Perkins (owners), for demolition and re-build of old addition to garage at property located at 20 Sutton Road, Newbury, NH, Tax Map 043-348-244.
Mr. Finneral read the application for completeness. Mr. Finneral found the application complete.
Ms. Schultz made a motion to accept the application. Mr. Lord seconded the motion. All were in favor.
Mr. Stewart said that there was an addition put on after the original building was built. The roof for this addition is about 30” lower than the overall roof of the entire building. The water runs off this and goes into the building and the building is structurally unsound. The only change is that the roof is going up 30”. There is no change to the building. Mr. Stewart questions why they are here. He is hoping this can be waived by the Planning Board.
Mr. Finneral said under 3.1 (for site plan review), the Planning Board has final authority. He said he is only one member on the Planning Board, so as the Chair needs to have the Board decide on this at a meeting. He also pointed out 3.3.3 that if there is a change to the external appearance of an existing approval dwelling, it needs to get approval. Ms. Schultz agreed with Mr. Finneral.
Ms. Mitchell asked what the materials will be used in changing the appearance. Mr. Stewart went over the materials which would be concrete and then wood shingles.
Mr. Stanley asked if the changes would cause the structure to be non-conforming. If not, he suggests accepting a waiver on the project.
Mr. Stewart said the drip line does not change with this project.
Mr. Millette asked about the two windows that do not show up in the proposal. He is asking if they will be replaced. Mr. Stewart said the back side will no longer have a window.
Ms. Schultz made a motion to approve the application. Mr. Lord seconded the motion. All were in favor.
There was discussion regarding whether the fees should be waived that were incurred in bringing this case to the Board.
Mr. Stanley said fees are very seldom waived in other towns.
Ms. Schultz made a motion to not waive the fees. Mr. Millette seconded the motion. All were in favor.
The Board signed the mylars.
Other:
There was discussion regarding Town Counsel and if the services are needed, Boards need to go through the Town to ask permission before using their services.
There was also discussion regarding tree cutting and conceptuals.
Ms. Mitchell made a motion to adjourn. Ms. Schultz seconded the motion. All in favor.
The meeting adjourned at 8:36 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary