Planning Board Meeting

Planning Board

June 19, 2018

Approved July 17, 2018

Members Present:  Bruce Healey, Chair; Michael Beaton, Vice Chair; Regina Cockerill, Howard Maurer, Bill Weiler, Richard Wright, Members; Deane Geddes, Alternate; Russell Smith, Ex-officio Member, Ken McWilliams, Advisor.

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

ADMINISTRATIVE BUSINESS:

There were no minutes to review.

Mr. Healey handed out updated Planning Board handbooks to all of the Board members.  These handbooks were updated in December of 2017.  Mr. Healey also suggested that he feels that other members of the Board should make the motions during the meetings.  He feels that it is not a good policy for the chair to make most of the motions during the meeting. 

Mr. Healey said that periodically landowners ask for voluntary mergers of their lots.  In the past Mr. Healey shares with the Board if he has signed a voluntary merger of lots.  Ms. Cockerill asked why a tax owner would do this.  Mr. McWilliams said that often it will lower their taxes.  Mr. McWilliams said that this is then sent to the Registry.

Mr. Healey distributed an Action Plan that was taken from the Master Plan.  He explained that the Action Plan is divided into three sections in regard to the type of priority of each of these action items.  He suggested that the Planning Board take a look at these items on the Action Plan.  Mr. Healey selected the high priority action items and put them together in a document so the Planning Board can start familiarizing themselves with these action items.  The Board members agreed with Mr. Healey that they should start working on these action items.  Mr. Healey would like to put this on the July meeting.   

Mr. Healey would like to make some changes to the Planning Board’s Rules of Procedure.   Mr. Healey made a recommendation on how the Board handles a plat and deed with the potential that if during the hearing there is a requests for a title search, and further explained the need for a courier.  He explained if there was a courier, the plat and deed would not be mailed.  Mr. Weiler said that some lawyers will sometimes do a last minute title search.  Mr. Beaton asked who the designated courier would be.  Mr. Healey said that can be determined at a later date. 

Mr. Weiler made a motion to accept Amendment #1.  Mr. Smith seconded.  Mr. Beaton abstained from the vote.  All others were in favor.

Mr. Healey went over Amendment #2 and discussed some administrative changes he would like to make to the Rules of Procedure during a hearing.  Mr. Beaton asked about Rules of Procedure if a hearing is withdrawn.  He said that if it was posted somewhere, people would not stay at the meeting waiting for a hearing that isn’t going to happen.  Mr. Weiler asked the Board members if they know why we have a Rules of Procedure policy of a procedures. Mr. Weiler explained that it has to do with when people want to take issue with our rulings.  He said the courts are quite differential to Boards and are not looking at the content of the meetings but rather look to see if the Boards follow their own applications.  It is important the Board follows their own rules and then documents the rulings.

Mr. Wright said this is equal application of the law and rules.  Mr. Geddes asked a question about an alternate filling in for an ex-officio.  Mr. Weiler said that the only person that can fill in for our Selectboard is another Selectboard member. 

Ms. Cockerill made a motion to accept the proposed amendment #2 mentioned.  Mr. Smith seconded the motion.  All were in favor.

Mr. Smith made a motion to accept the proposed amendment #3.  Mr. Wright seconded.  All were in favor.

Mr. Healey distributed a proposed change of an application for the Application for Conditional Use Permit for Development in a Wetland Buffer.  Mr. Healey added a line stating that “by signing this application, you are granting to the Planning Board, its members and representatives, permission to walk on and inspect your land.”  Mr. Smith asked if Mr. Healey brought this up to the town counsel.  Mr. Healey said that the attorney said that he was indifferent.  Mr. Smith said he would does not want to add this line to the form, since they can always ask the property owner.  Mr. Maurer and Ms. Cockerill also agreed.  They felt that this would allow all Board members to go at separate times.  Mr. Weiler said that he feels the proposed statement is heavy handed and does not think it is necessary.  Mr. Weiler said that the Board already has a procedure in place.  Mr. Healey said that he is happy to remove that one line.  Mr. Weiler asked why Mr. Healey took out the lines for the description of the project[DL1] .   Mr. Healey explained he does not want the description on the form, but rather as an attachment to the form.  Mr. Weiler suggested the word “Attached” to line #1.  Mr. Wright asked Mr. Healey to revise the form before the approval.

PUBLIC HEARINGS:

7:15 p.m. – Eversource request to trim and remove trees and brush adjacent to and beneath its power lines along Newbury’s three designated roads:  Old Providence Road, Cheney Road and Gillingham Drive. All are on a four year rotation and it is time for these roads to be maintained.  Mr. Healey opened the hearing to the public.  There being no input, Mr. Healey closed the hearing to the public.  There was no opposition to this project.  Mr. Weiler made a motion to allow Eversource to remove trees on these mentioned roads.   Mr. Smith seconded.  All were in favor. 

7:30 p.m. – Adoption of Proposed Regulations of Earth Excavation

Mr. Healey asked if there was any public input to this proposed regulations.  Allison and David Kinsman were in attendance and said they would like to discuss the regulations.  Mr. Healey stated the rationale behind regulations for earth excavation because all commercial excavation operations should be regulated by the town.  Further authority is given to the Planning Board. These regulations were revised due to this rationale.

Mr. Healey opened the hearing up to public comment.  Mr. David Kinsman of South Road said that he has read the revised regulations for earth excavation and is wondering if there is anything he needs to do above what he currently does to comply with these new regulations.  Mr. Healey asked when he started the gravel pit.  Mr. Kinsman said that his gravel pit started in 1963.  Mr. Healey said that anything before 1979 would be grandfathered.  Mr. Healey said a requirement is that he needs to have been in operation every year since then.  Mr. Kinsman said he has been in operation every year since then.  Mr. McWilliams said that one reason that these regulations might affect Mr. Kinsman is if he were to expand his operation.  Mr. Kinsman said that is what he understands that he would need to get topographic maps and go through a process if he were to expand his area of operation.  Mr. McWilliams said that if he also has a two year period lapse, that he would no longer be grandfathered in.  Mr. Kinsman asked about taking fill from someone else’s property and then selling it.  Mr. Kinsman said that he does not take property in, but knows that others do. 

Mr. Healey closed the public input.  Mr. Healey closed the public hearing.  Mr. Healey asked the Board if they are ready to adopt the regulations.  Ms. Cockerill made a motion to adopt the revised Earth Excavation Regulations.  Mr. Weiler seconded the motion.  All were in favor.

7:45 p.m. – Bell/Scott/MacNaughton – Tax/Map #41-506-022 - Final approval for a lot line adjustment for property on Meadow Road.

Mr. Healey checked the application for completeness.  Mr. Healey explained that if the land abuts a property that is owned by himself, the landowner needs to go to the next lot that is not owned by them.  Mr. Smith made a motion to accept the application as complete.  Ms. Cockerill seconded.  All were in favor.

Mr. Robert Scott explained that they needed to deviate from the original plan of the road due to unforeseen circumstances.  They are seeking approval for a lot line adjustment so they do not need to move the road. 

Mr. Healey opened the hearing up for public input.  There being no public input, Mr. Healey closed the public input.   Mr. Wright made the motion to approve the application.  Mr. Smith said that he is concerned that the town “Newbury” was misspelled on the map.  Mr. Weiler said he did not think this would affect the decision.  Ms. Cockerill stated that the zipcode is correct.  Mr. Beaton seconded the motion.  All were in favor.

8:00 p.m. – Kevin and Cheryl Cunningham – Tax/Map # 30-717-046 – Final Approval for property located at 45 Blye Hill Road was withdrawn.

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

The meeting adjourned at 8:51 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary