Planning Board Meeting
Planning Board
October 17, 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 7:00 p.m.
ADMINISTRATIVE BUSINESS
Minutes
There were no minutes for review.
Alternate Member
Mr. Healey introduced Richard Wright to the Board and noted that he is interested in joining the Planning Board as an Alternate member for a three-year term. Mr. Wright stated that he has been volunteering and serving the Town since he was 16 years old and wants to continue to do so.
Mr. Smith made a motion to accept Richard Wright as an Alternate member of the Planning board for a three-year term. Mr. Geddes 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
Mr. Healey appointed Mr. Wright as a voting member for this meeting, replacing Ron Williams, who is absent.
Capital Improvements Program (CIP) Update
Mr. Healey said work continues on the CIP and noted that Ivor Freeman, CIP Committee chair, is scheduled to present the CIP to the Board at the next meeting. Mr. Healey noted that the Planning Board must vote on the CIP by November 21, 2017 to ensure it makes the town budget deadline.
Master Plan Status
Mr. Healey noted that the Newbury Master Plan, “Envision Newbury 2027”, is posted on the town website. Print copies of the document are in process.
Excavation Sites
Mr. Healey noted that the materials pertaining to proposed procedures and forms regarding excavation sites in town were emailed to all Board members. Discussion of the materials was rescheduled to an upcoming PB work session.
CASE: Case 2017-011 Conditional Use Permit-The Fells (Landowner), George Pellettieri (Agent) – for property located at 456 Route 103A, Newbury NH, Tax Map
018-232-347-land disturbance in a wetland buffer.
CASE: Case 2017-011 Final Site Plan Review-The Fells (Landowner), George Pellettieri (Agent) – for property located at 456 Route 103A, Newbury NH, Tax Map
018-232-347-development of a new upper parking lot area.
Mr. Healey opened the hearing for the Condition Use Permit and Final Site Plan Review.
Mr. Healey read into the record the following Public Notice:
Notice is hereby given that the Planning Board will receive submission of two applications from The Fells. One application for a Conditional Use Permit for land disturbance in a wetland buffer and a second application for a Final Site Plan Review concerning development of a new upper parking lot area for property located at 456 Route 103A, Newbury, NH, Tax Map 018-232-347 on Tuesday, October 17, 2017 at 7:15 p.m. in the Town Office Building at 937 Route 103 in Newbury, N.H. If the applications are accepted as complete, a public hearing on the accepted applications will commence at the same meeting. Copies of the plan are available for public review at the Town Office Building during regular business hours. Business hours are as follows: Monday, Tuesday, Thursday, and Friday from 8am to noon.
The Conditional Use Permit application was reviewed for completeness.
Mr. Weiler made a motion to accept the application for a Conditional Use Permit as complete. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Beaton, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
The Final Site Plan Review application was reviewed for completeness.
Mr. Weiler made a motion to accept the application for Final Site Plan Review as complete. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Beaton, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey informed the applicant and agents that the hearing may be continued if the meeting lasts longer than 9:00 p.m.
Conditional Use Permit Application
David Bashaw and George Pellettieri, agents, presented to the Board.
Mr. Bashaw addressed Paragraphs 8.7.5.1, 8.7.5.2, and 8.7.5.3 of the Zoning Ordinance, noting that the proposed construction of a parking area requires fill to be placed in the wetland buffer. Construction and associate work will impact 23,735 square feet within the wetland buffer. Mr. Bashaw emphasized that the proposed parking area will not affect any of the established wetlands on the property.
Mr. Healey reviewed the sign-off sheets with the Board. He noted that there were no objections from the Police, Selectboard, and Highways Department. The Newbury Conservation Commission (NCC) expressed concern that there are wetlands adjacent to the proposed parking area. NCC member and wetland scientist, Bob Stewart, RCS Designs, requested that the wetlands be fully delineated on the plan.
Mr. Pellettieri said the delineation for the original parking lot plan from 2016 for 120 cars was called into question by the Board at that time. This new plan is for 50+ cars. He said The Fells had the wetlands re-delineated by another wetlands scientist. He noted that even though the same standards are used for wetlands delineation, each wetland scientist interprets the data with variations. He said The Fells also commissioned a high density soil survey (HISS) and the results match the data done by the latter wetland scientist. He said two additional measurements were included – seasonal high water and vegetation.
Mr. Healey asked if Mr. Pellettieri is confident that the line drawn adjacent to the Wetland buffer is accurate. Mr. Pellettieri said yes.
There being no further questions from the Board, Mr. Healey opened the public portion of the hearing.
Katheryn Holmes, NCC chair, stated that Mr. Pellettieri has covered the situation and added that soil testing is a strong asset in determining wetlands delineation. She said the NCC’s concerns have been relieved.
There being no further comment from the Public, Mr. Healey closed the public portion and the Board went into deliberations.
There being no further discussion from the Board, Mr. Healey stated his appreciation for the extra work done to meet the concerns raised by the NCC.
Mr. Healey read into the record the three standards pertaining to Conditional Use Permits and reminded the Board that all three standards must be met:
8.7.5.1 the use cannot be implemented outside the wetland buffer. There was Board consensus that this standard was met.
8.7.5.2 the location in the wetland buffer will cause the least impact. There was Board consensus that this standard was met.
8.7.5.3 the method of implementation will minimize the impact to the wetland buffer. There was Board consensus that this standard was met.
Mr. Weiler made a motion that the Conditional Use Permit be approved. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Beaton, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
Final Site Plan Review Application
Mr. Bashaw and Mr. Pellettieri, agents, presented to the Board.
Mr. Bashaw reviewed the history of the proposed parking lot project, starting with the first Site Plan Review in fall 2016 for a larger lot. From there, The Fells applied for and was granted a Special Exception from the ZBA. Following that, The Fells obtained input from the Planning Board, LSPA, and the community and modified the original plan. He said the issues and concerns raised by the aforementioned included the wetland impact, the encroachment into the shoreland buffer, and lighting issues. He noted that all the concerns were addressed when modifying the plan.
Mr. Bashaw reviewed the current parking challenges at The Fells when hosting events. Cars are often parked along Route 103A and in and around most of the open spaces on The Fells property. Also, there are challenges to safely getting school buses in and out of the existing parking areas.
He stated that the intent is to make The Fells better, not bigger. He noted that the proposed parking lot will accommodate 55 dedicated spaces and an additional 50 cars can be tucked into areas elsewhere on the property.
He noted that they are awaiting approval from the Division of Historic Resources.
He noted that the parking lot lighting will be extremely limited and will have an automatic shut off at 11 p.m.
Mr. Pellettieri reviewed the plan with the Board and included extensive descriptions of the drainage plans, soil and testing information, grading, test pits, septic system, location of ledge, catch basin depths, level spreader maintenance, boulder retaining walls, tree removal and protection of remaining trees. He noted that a method of air trenching will be used for tree removal which protects the roots of the adjacent trees.
He noted that the proposed plan improves the visual look of the lot from Route 103A and provides a safer entry and egress for vehicles and buses. He reviewed the proposed lighting – three post lights and four+ bower lights – all within the Newbury regulations and recommendations for lighting. He emphasized the seasonal use of the property.
Mr. Pellettieri noted that the plan allows for the restoration of the fells adjacent to the current parking area. He also reviewed the existing leach field and the proposed leach field, a new and possibly second septic tank, and added that DES approval is outstanding.
He added that there will be three handicap spaces in the proposed parking lot.
Mr. Wright questioned whether the tree next to the handicap van space presents a hindrance. Discussion followed.
It was noted that granite curbing be added to control traffic flow. Adding guard rails was also discussed.
Mr. Beaton asked about the height of the proposed lights. Mr. Pellettieri said 20 to 25 feet. Also, ther will be walkway lighting which will be spread bollard lights which are better for security and controlled light spill.
Mr. McWilliams asked about the status of permits, particularly DES Alteration of Terrain (AoT) and Department of Transportation (DOT). Mr. Pellettieri stated that DES informed them that AoT is not needed and the DOT is supportive of the proposed entrance/exit because it provides excellent sight lines. He added that a DOT permit has not yet been submitted.
Mr. Wright discussed the proposed three catch basins at the bottom of the lot and asked about the elevation gradient from the top of the lot. Mr. Pellettieri said it was about ten feet. Mr. Wright noted that there was no protection for runoff. He said that with a gravel lot and a heavy rain, there will be a wash-out of gravel. Discussion followed.
There was further discussion concerning modifying the proposed entrance to a one-way only, accommodation plans when buses are in the lot and additional cars show up for parking, and specific details regarding the lighting choices and heights.
There being no further questions from the Board, Mr. Healey opened the public portion of the hearing.
Katheryn Holmes suggested the use of grasses for erosion control in the restoration of the existing fells. Also, she expressed concern regarding the ongoing maintenance of the proposed catch basins.
Mr. Pellettieri described the catch basins maintenance plans. Mr. Bashaw added that said maintenance will be part of the overall property maintenance program.
There being no further comments from the Public, Mr. Healey closed the public portion and the Board went into deliberations.
Mr. Weiler made a motion to approve the Site Plan Review with the following conditions precedent: (1) receipt of a DOT driveway permit; (2) receipt of DES septic approval; (3) submission of a complete set of updated engineering plans as discussed; and the condition subsequent: (1) light poles not to exceed 20 feet in height. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Geddes, Mr. Smith, Mr. Beaton, Mr. Wright, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey informed the applicant and agents that they or any party directly affected by this decision may appeal to the proper Board or Superior Court within thirty (30) days of this decision.
ADDITIONAL BUSINESS
Mr. Healey informed the Board that a work session is scheduled on November 9, 2017 at 7:00 p.m. to review the proposed zoning amendments and excavation pit procedures.
Mr. Smith made a motion to adjourn. Mr. Geddes seconded the motion. All in favor.
Meeting adjourned at 8:59 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary