Planning Board Meeting

Planning Board

September 19, 2017

Approved December 19, 2017

Members Present: Bruce Healey, Chair; Deane Geddes, Vice-Chair; Bill Weiler, Mike Beaton, Members; Russell Smith, Ex-officio Member, Ken McWilliams, Advisor.

Mr. Healey called the meeting to order at 7:04 p.m.

ADMINISTRATIVE BUSINESS

Minutes

The Board reviewed the minutes of May 2, 2017 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Smith seconded the motion. All in favor.

The Board reviewed the minutes of May 16, 2017 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Smith seconded the motion. All in favor.

The Board reviewed the minutes of September 5, 2017 and made no corrections. Mr. Weiler made a motion to approve the minutes as presented. Mr. Smith seconded the motion. All in favor.

Mylar Signing

The Board signed the mylar for the Quimby Subdivision, Case 2016-005, Newbury Tax Map 028-789-456.

Alternate Member

Mr. Smith introduced Joann Lord to the Board who is interested in becoming an Alternate on the planning Board. Ms. Lord said she has lived in Newbury for a long time and currently works for the Claremont Court. The Board welcomed her interest and potential participation.

CASE: Case 2017-012 Conceptual Site Plan Review- State of NH-DRED

(Landowner), Mount Sunapee Resort (Agent) – 1398 Route 103, Newbury, NH Tax  Map 013-386-092 - Change of lease ownership of the state-owned ski area at Mount Sunapee State Park.

Mr. Healey noted that the Intertown Record has reported locally for the past month that the ownership of the state-owned ski area at Mt. Sunapee State Park has changed hands. He added that the State Attorney General and the Commissioner of DRED have substantiated the reports in a memo. Mr. Healey read into the record the Newbury Planning Board regulations that stipulate the following: When there is a change in ownership or tenancy of a property that is used for nonresidential uses, the new owner or tenant shall meet with the Planning Board to discuss their plans prior to opening for business, and for the Planning Board to determine if a site plan review is required and to communicate any particular conditions that may apply to that site from a previous site plan approval or town regulations that apply to the site or its use.
 

Mr. Healey added that it was his belief that the above local regulations apply to this change in ownership of the lease. In a letter dated August 31, 2017, Mr. Healey requested that the new lease owners, or their designated agent, file a Conceptual application for Site Plan Review.

Jay Gamble, Vice President & General Manager, Mount Sunapee Resort, met with the Board as the designated agent for CLP Mount Sunapee, LLC, the ground lessee of the Mount Sunapee Ski Resort.

Mr. Gamble discussed the above, noting that it applies to a change of property ownership or tenancy. He said the tenancy of the property has not changed since 1998, adding that what has changed is the mortgage holder. It is a sale/lease-back situation, he said, adding that the Resort sold its assets and now leases them back.

Mr. Gamble noted that he has no problem with filing a Conceptual but made the distinction that in a sale/lease-back situation, the Resort is the lessee and, as such, has 100% authority to run the business.

Mr. Gamble referred to Section 3.1 and noted that there has been no change in the business since 1948 and, therefore, a new Site Plan Review is not needed. For changes in use, the Resort has come to the Planning Board for modifications to the existing Site Plan.

Discussion followed.

Mr. Healey stated that there was a change in ownership. He said the State of NH is the landowner and Mount Sunapee Resort is the tenant/business operator of the business. He noted that the Resort has a sub-lease with the lease holder.

Mr. Gamble noted that the Resort has a 50-year lease and there are 20 years left on it. He added that it is the Resort’s choice whether or not to renew the lease. He added that the Resort’s management remains the same and that the Resort is significantly invested in the Town of Newbury.

Discussion followed regarding the recent additions of activities at the Resort, namely 3-D Archery. Mr. Gamble noted that the location of the 3-D Archery is in Goshen, not in Newbury. He said when the Resort implemented the Adventure Park, the Planning Board decided that a Site Plan Review was not needed. Instead, an updated and modified Site Plan was adequate.

There was further general discussion about change of use and temporary versus permanent structures.

There being no further discussion, Mr. Healey called for a consensus of the Board and a Motion reflecting same.

Mr. Weiler made a motion that it is Planning Board consensus that a Site Plan Review for change of ownership is not required at this time. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.

In Favor: Mr. Geddes, Mr. Smith, Mr. Beaton, Mr. Weiler, Mr. Healey

Opposed: None

ADDITIONAL BUSINESS

The Fells 

Mr. Healey read into the record the following: At our rescheduled regular PB meeting on August 23, 2017, a unique event occurred 15 minutes before the start of the meeting causing the Board to be without a quorum.  We had three Conceptual applications scheduled for the meeting.  It was decided, if the applicants agreed, to meet and discuss with each applicant (in an advisory role only) their questions about procedure and
applicable regulations.  Since there was no quorum, no decisions could be made. During discussion with The Fells concerning plans for an "upper parking lot", it was implied that once they finished the required engineering, they planned to file a Final SPR application.

The Board discussed whether The Fells should be advised that the next phase for their upper parking lot plans should be Preliminary Design Review as required by Site Plan Review Article 5.3.

Mr. Healey noted that since the proposed parking lot project will involve land disturbance of more than 500 square feet, a Preliminary Design Review is appropriate, per Section 5.3 Phase II: Preliminary Design Review of the Newbury Site Plan Review regulations. Mr. Healey said George Pellietieri, The Fells agent, predicted 40,000 square feet of land disturbance for the project.

Mr. Healey noted that a Preliminary Design Review mal also be triggered by a project’s proximity to wetlands and shoreland. Also, it offers an opportunity to all parties concerned (abutters, public, etc.) to review the plan details and modify issues before moving to Final Site Plan Review.  
 

Mr. Weiler noted that the public has access to the hearing process whether it is a preliminary or a final hearing.

John Warren, chair of The Fells, said the proposed plan is smaller and near the wetlands but not in the wetlands. He added that this plan presents a responsible solution to the ongoing parking challenges facing The Fells. He noted that there are roughly 10,000 visitors to The Fells each year. He added that The Fells has met with LSPA, the Newbury Conservation Commission, and the State Historic Resources and all three groups feel positive about the proposed plan.

Mr. Weiler said he was in favor of allowing The Fells to go to Final Site Plan Review as long as the applicant understood that the Board may require more than one meeting before making a decision.

Discussion followed regarding the changes made from the previous plans to the proposed plan.

There was Board consensus that it was acceptable for The Fells to go to Final Site Plan Review.

Winter Ice Bubblers (de-icers)

There was discussion about bubblers in the winter and whether they fell under any land use regulations. The Board agreed that the Land Use regulations do not cover docks. Further, it was agreed that regulations affecting the lake fall under the state’s jurisdiction.

Sutton sub-division

Mr. Healey discussed an 11.2 acre property that is located partly in Newbury and partly in Sutton whose owner wants to subdivide. Mr. Healey said the subdivision takes place in Sutton and that the piece of property located in Newbury is less than an acre.

Mr. McWilliams referred to 674:53:IV of the RSAs. He noted that there is a requirement for a plat for signature approval by the Newbury Planning Board and the property owner must submit a sub-division application to Newbury for scheduling at a public hearing.

Mr. Healey said he will notify the property owner.

Master Plan Status

The Recording Secretary reported that printers are being contacted regarding bid submission for the printing of Envision Newbury 2027 and the Summary document.

Excavation Sites

Mr. Healey informed the Board that three properties off South Road are involved in excavation. He said an excavation site needs a permit from the Planning Board and that it is the Board’s responsibility to have oversight on excavation activities. He noted that there are currently no regulations for the Planning Board to follow regarding this responsibility.

Mr. Healey noted that he has researched state excavation statutes as a model to use when developing the Board’s regulations. With that in mind, Mr. Healey suggests five items be included: (1) an application form; (2) the requirements of an excavation site; (3) application procedures; (4) a permit form; and (5) the issuance of an irrevocable letter of credit. He said the Code Enforcement Officer would oversee the excavation process.

Discussion followed regarding having the three current excavation operators meet with the Planning Board.

Mr. Healey requested that Board members review the drafted regulations and be prepared to discuss same at the next meeting.

Proposed Amendments 

Mr. Healey informed the Board that a schedule for review and discussion of proposed amendments will be forthcoming at the next meeting. He added that he will contact the NCC, the CEO, and the ZBA and invite them to submit suggested amendments for consideration.

Voluntary Merger of Lots of Record

The board reviewed the following two voluntary merger of lots of record:

Matthew & Judith Tilden, Map/Lot # 020-282-282

Joseph & Angela Corriveau, Map/Lot # 008-429-540

There being no further discussion, Mr. Healey called for a motion to adjourn.

Mr. Smith made a motion to adjourn. Mr. Beaton seconded the motion. All in favor.

Meeting adjourned at 8:55 p.m.

Respectfully submitted,

Meg Whittemore

Recording Secretary