Planning Board Meeting

Planning Board

January 9, 2018

Approved February 20, 2018

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

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

Mr. Healey appointed Mr. Wright as a voting member for this meeting, replacing Ron Williams.

Mr. Healey opened the Public Hearing and read into the record the following Public Notice:

Notice is hereby given that the Newbury Planning Board will conduct a public hearing on Tuesday, January 9, 2018 at 7:00 P.M. in the Newbury Town Office Building, Route 103, Newbury, N.H. to receive public input on amendments to the Newbury Zoning Ordinance proposed by the Planning Board. The proposed amendments to be discussed at this public hearing are summarized below. Copies of the full text of the amendments proposed by the Planning Board are available in the Town Office Building, Route 103, Newbury, NH.

2018 AMENDMENTS TO THE NEWBURY ZONING ORDINANCE PROPOSED BY THE NEWBURY PLANNING BOARD

The amendments to the Newbury Zoning Ordinance proposed by the Newbury Planning Board to be discussed at the January 9, 2018 public hearing are outlined below.

PLANNING BOARD PROPOSED AMENDMENT NO. 1:  The Planning Board’s Amendment No. 1 to the Zoning Ordinance proposes to amend SECTION 5.2 DISTRICT BOUNDARIES of the Residential District to add the Blodgett Landing Cottage District and the Mt. Sunapee Recreation District as areas lying outside the Residential District.

PLANNING BOARD PROPOSED AMENDMENT NO. 2: The Planning Board’s Amendment No. 2 to the Zoning Ordinance proposes to amend ARTICLE 7 Shoreland District to add Hemlock Brook to SECTION 7.3.2.

PLANNING BOARD PROPOSED AMENDMENT NO. 3: The Planning Board’s Amendment No. 3 to the Zoning Ordinance proposes to amend ARTICLE 4 Business District to provide more clarity on the boundaries of the Business District

PLANNING BOARD PROPOSED AMENDMENT NO. 4: The Planning Board’s Amendment No. 4 to the Zoning Ordinance proposes to amend ARTICLE 7 Shoreland Overlay District to agree with legislation enacted in 2017.

PLANNING BOARD PROPOSED AMENDMENT NO. 5: The Planning Board’s Amendment No. 5 to the Zoning Ordinance proposes to amend ARTICLE 7 Shoreland Overlay District to amend provisions on selective tree cutting in the waterfront buffer, delete Section 7.7.2.6 pertaining to mechanical timber harvesting and delete the definition of Mechanical Timber Harvesting in ARTICLE 2.

Mr. Healey noted that printed copies of the proposed amendments are available to the Public.

Mr. Healey reviewed the hearing procedures with the Board and the Public, noting that any substantive changes to the proposed amendments will require a second public hearing.

Mr. McWilliams reviewed each proposed amendment and the Public commented as follows:

Re Amendment No. 1: Katheryn Holmes, Bay Point Road, asked if this amendment changed the status of Blodgett Landing to non-residential. Mr. Williams said no, Blodgett Landing is in its own district – the Blodgett Landing Cottage District, which contains separate rules and regulations from the town residential district.

Re Amendment No. 2: Sue Russell, Chalk Pond Road, asked for clarification of the location of Hemlock Brook. Mr. Healey noted that it flows off of Mount Sunapee on the Mountain Road side and flows southeast and connects with the Warner Brook.

There being no further comment from the Public on Amendments No. 3 – 5, Mr. Healey closed the public portion of the hearing and the Board went into deliberations.

Mr. Healey noted that the Board needed to determine if the proposed amendments were more or less restrictive than the current ordinance. He added that the effective date for the amendments is when the Public Notice for the Public Hearing is posted unless the amendment is voted down.

There being no further discussion, Mr. Healey requested that the Amendments be moved to a Vote.

Amendment No. 1

The Board decided Amendment No. 1 was not more restrictive.

Mr. Weiler made a motion to move Amendment No. 1 on to ballot as written. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.

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

Opposed: None

Amendment No. 2

The Board determined that Amendment No. 2 is more restrictive.

Mr. Beaton expressed his objection, noting that the abutters of Hemlock Brook should be notified since this designation will place increased restrictions because of setback regulations pertaining to brooks. Mr. Healey responded, saying abutter notification is required if the change affects 100 property owners. The proposed change regarding Hemlock Brook affects one [Note: actually, 12] property owner[s].

Mr. Weiler made a motion to move Amendment No. 2 on to ballot as written. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.

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

Opposed: None

Amendment No. 3

The Board determined that Amendment No. 3 was not more restrictive.

Mr. Weiler made a motion to move Amendment No. 3 on to ballot as written. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.

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

Opposed: None

Amendment No. 4

The Board determined that Amendment No. 3 was more restrictive.

Mr. Weiler made a motion to move Amendment No. 4 on to ballot as written. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.

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

Opposed: None

Amendment No. 5

There was discussion regarding whether Amendment No. 5 was more or less restrictive. Mr. Beaton said it was more restrictive. Mr. Smith and Mr. Wright said it was a lateral move, and not more restrictive.

Mr. Weiler made a motion to move Amendment No. 5 on to ballot as written. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.

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

Opposed: None

Mr. Healey closed the Public Hearing.

ADDITIONAL BUSINESS

Earth Excavation  Regulations

The Board reviewed the draft of earth excavation regulations. Discussion points included:

The effect on existing gravel operations.

Mr. Healey noted that, per state law, if the business was in operation before 1979, it is “grandfathered” and no permit is needed from the Planning Board.

When standards of operation were passed by the state.

Mr. McWilliams noted that RSA 155:E was passed in 1986 or 1989 and pertains to those who want to open a new gravel pit or expand an existing pit.

Concerns regarding the location of existing gravel pits in Newbury.

Mr. Healey noted that currently, all identified gravel pits in Newbury are located in the town aquifer.

Cost to pit owners. There was discussion about creating a two-tier classification, depending on the size of the pit. For a smaller gravel pit, a sketch might be sufficient; for a larger operation, a full engineering plan might be required.

Bond/letter of credit. Mr. Beaton expressed concern about who determines the amount of the bond/letter of credit. Reclamation costs were discussed, restoration of water drainage points, and requiring an irrevocable letter of credit/cash as an alternative to a letter of credit.

Blasting restrictions. Discussion surfaced concern over blasting in a residential district. Mr. Wright suggested allowing blasting, with specific conditions.

Mr. Healey said the discussion will continue at the Board’s January 16, 2018 meeting.

Board Member Openings

Mr. Healey noted that there are three 3-year member openings on the Board. Mr. Geddes agreed to run for a 2-year term; Mr. Healey agreed to run for a 3-year term; and Mr. Wright agreed to run for a 3-year term.

Mr. Healey noted that each candidate must file with the Town Clerk between January 24, 2018 and February 2, 2018. He added that the Board is still in need of Alternates and encouraged all members to keep that in mind.

There being no further discussion, Mr. Healey called for a Motion to Adjourn.

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

Meeting adjourned at 8:13 p.m.

Respectfully submitted,

Meg Whittemore

Recording Secretary