Planning Board Meeting
Planning Board
April 17, 2018
Final
Approved May 15, 2018
Members Present: Bruce Healey, Chair, Howard Maurer, Bill Weiler, Regina Cockerill, Deane Geddes, Alternate; Russell Smith, Ex-officio Member, Ken McWilliams, Advisor.
Bruce Healey called the meeting to order at 7:00 p.m.
Mr. Healey made a motion to appoint Deanne Geddes as an alternate for a three year term. Bill Weiler seconded the motion. All were in favor.
Mr. Healey asked Mr. Geddes to fill in as a full member for tonight’s meeting due to Richard Wright’s absence.
ADMINISTRATIVE BUSINESS
Minutes
There were no minutes available for review.
CONCEPTUAL
7:05 p.m. – Case 2018-006 Conceptual Site Plan Review
Brian & Lisa Patch, abutters to Baker Hill Golf Club, regarding planted trees that are obstructing view of golf course. In reference to Annexation, Subdivision and Site Plan Review – Construction of an 18-hole Golf Course application submitted to the Planning Board on February 16, 1999.
Lisa and Brian Patch explained that their home has been located at the site for 32 years and it is on the 18th hole. Ms. Patch explained that she attended a meeting on June 1, 1999 in which she asked if trees would be planted and Mr. Devain said ‘no’. She then asked if there would be shrubs planted and Mr. Devain again said no. Mr. Devain said that the view the Patchs’ would have was a well-established lush lawn. Ms. Patch distributed photos to show the view from her property. She also explained that the runoff has done damage to their property in the past. Ms. Patch said that she wants the trees that they have planted on their property to be cut down. Mr. Healey said that this application was approved in 1999 and the only place that had view protection was on another area of the golf course. He explained that the Planning Board’s authority after the application has been approved has ended. They do not enforce these regulations after they have been originally approved. Mr. Healey asked if it was true that the Baker Hill Golf Club cut down two trees. Mr. and Mrs. Patch said that was true, but there are several more that should be cut down so they can have their view back. Mr. Healey asked if they feel that they could start up communications with them all. Ms. Patch said that she has attempted to have conversations with them. Mr. Weiler asked Mr. McWiliiams his thoughts on the matter. Mr. McWilliams suggested that the Code Enforcement Officer (CEO) speak with the town counsel to see if since it is in the minutes from that meeting in 1999, that maybe the CEO could take action against the Baker Hill Golf Club to enforce that they follow what was originally agreed upon. Mr. Weiler said that they need to go to the CEO and explain that everything that was in the minutes was part of the final approval. Ms. Cockerill explained if this is the case and the CEO looks into it, he can enforce this.
7:15 p.m. – Case 2018-004 Final Site Plan Review
The Fells (Owner) George Pellettieri, Kyle Cummings, David Bashaw and David Blohm (Agents) – 456 Route 103A, Newbury, NH Tax Map 018-232-347 – Proposing development of a lower parking area, pavilion, and nursery relocation.
Before opening the hearing, Mr. Healey asked if The Fells had their driveway and septic permits in hand for the upper parking lot. It was explained that the driveway permit was in hand, but the septic permit has not been sought yet. They explained that they are looking at building the upper parking lot in a two-step process. Mr. Healey said the Planning Board needs a copy of the driveway permit and the septic permit from the DES. Mr. Healey explained that their application is not approved until they submit the driveway and septic permits have been submitted.
They said they believe the septic permit has been filed with the state.
Mr. Healey read the notice into the minutes.
The members of the Planning Board checked the application for completeness.
Katheryn Holmes asked for a point of order if we could move forward without a site visit, and Mr. Healey replied ‘yes’.
Mr. Healey made a motion to accept the application as complete. Ms. Cockerill seconded the motion. All in favor.
Mr. Smith feels that we should wait to review the case until there is a site visit. Mr. Healey said that we can hear the case tonight and then continue the hearing until May 15 after the Board has conducted a site visit.
Mr. Weiler explained that the Board has been advised to not hold a site visit until we have established jurisdiction to have a site visit. Mr. Smith insisted that he wants to stop the hearing right now until there is a site visit. Mr. Weiler said that he would like to hold the hearing first and then go to the site. Mr. Weiler thinks we should hear the case, stop it and then go to the site review. Ms. Cockerill agreed with Mr. Weiler. Mr. Geddes said that he is sensitive to their schedule and would like to hear what they have to say. Mr. Maurer said that he would like to hear it tonight as well.
Mr. Healey opened the hearing of Case 2018-004 and invited the agents to the table. Mr. Healey explained that they need to reset a site visit. He would like to set it for two weeks from now. Mr. Healey suggested meeting at the site visit at 4:00 p.m. on Tuesday, May 1 prior to our already planned work session. David Bashaw explained that there is space for about 8 cars to park down near the estate so perhaps carpooling would be the best scenario.
Mr. Bashaw explained that the Fells had engaged in a master plan for the estate and then went into a fundraising campaign. He explained that they have been in front of the Board regarding wetlands and parking in the upper area. He explained that this is now the last group of projects of the master plan started about six years ago. He explained that the last project is the relocation of the nursery, a pavilion and parking. He said the pavilion will go where the nursery currently is and the nursery will be moved south. Parking will be adjacent to this. He explained that currently there is 20 spots on gravel and 20 more on the south lawn. He said there is a need for more formalized parking. Mr. Bashaw said they need to get cars off of Route 103A.
He said that there is an Alteration of Terrain application submitted to DES. Division of Historic Resources (DHR) has also guided The Fells along the way. They will also be going to the Code Enforcement Officer for the building of the pavilion.
Mr. Bashaw asked if there were any questions on the overview of the project. Mr. Smith asked if they needed to do anything for the Division of Historic Resources. Mr. Bashaw said they are very happy with the current proposal. The original land can be put into a Fell where the upper parking lot is located. Mr. Healey asked if The Fells has received approval from all of the agencies that were listed by their attorney during the special exception hearing in January 2017. Mr. Bashaw said under the proposed project, they have received the proper approval from DHR, but does not need approval from the other agencies due to the fact that they are not changing the nature of the estate.
Mr. Weiler said that he would like to see the DHR approval be included in the application. Mr. Healey said that he would make it a condition upon approval. Mr. Healey thinks that they should look into whether they should receive approval from LCHIP.
Mr. Healey distributed the site plan. Mr. Kyle Cummings explained the site plan. He explained where the access road is, and there would be a loop heading to the parking area. He also pointed out the proposed pavilion site. Lastly, he showed where the new proposed nursery would be moved to. The nursery will be the same size as it currently is. The parking lot and access road will be gravel and will offer 54 parking spaces. The spaces will be 9’ x 20’. He also explained the proposed lighting. They are directing light in either a 180 or 360 degree angles. There are flood lights on the building. Mr. Healey asked if you would be able to see the lights from the lake. Mr. Cummings and Mr. Bashaw said that it is very unlikely. Ms. Cockerill asked about the power in the pavilion. Mr. Bashaw replied that electricity will be brought down to the pavilion. Ms. Cockerill asked if propane will be needed and Mr. Bashaw said there will be propane for a gas fireplace and a stove. Mr. Maurer asked about the size of the pavilion. Mr. Bashaw said it is about 40’ x 130’. Mr. Maurer asked about the building design. He asked if it was purposely designed not to match the estate. Mr. Bashaw said ‘yes’. It needs to be consistent but not replicated. They are not trying to match it to the house but it will be consistent in regard to the paint color, roof, etc. Mr. Maurer asked if the building will be open. Mr. Bashaw said there will just be one wall and the other three sides will be open. In inclement weather, they will roll down weather flaps.
Mr. Healey open up the hearing to public input.
Ms. Katheryn Holmes of Bay Point Road invited the agents to come to the May 8 Conservation Commission meeting to discuss the project. The Fells agreed to meet with Conservation on that date. Ms. Holmes also had a question about the bussing. Ms. Holmes said the Conservation Commission said that they would like to see mapping of the property. Mr. Healey said that essentially the Board waived the full site plan (with mapping with all 84 acres), that any subsequent hearing with new plans, they would comply with all mapping requirements. Mr. Weiler said that to do 84 acres of contour mapping would be cost prohibitive to a non-profit. Mr. Healey said they complied with all mapping for a site plan for this particular project. Ms. Holmes asked if it would affect the rock garden and she was told no. Ms. Holmes said that she also looked at the LCHIP convenance and she encourages them to check with LCHIP before moving forward with this process.
Mr. Bob Stewart of Newbury asked about the waiver that was given to The Fells. Mr. Healey said that they had a full site plan review for all 84 acres. He explained that the Board found the expense to the mapping of this entire property would be excessive. The Board waived mapping for the entire property, but need to map the area they are currently working on. Mr. Stewart asked why there is no site plan in the files of the town. Mr. Weiler said that site plans in general deals with businesses and business sites in developed areas in the business area. It is unusual to have a site plan for something with 84 acres and that is why they created some conditions. Mr. Stewart said he feels that a simple outline should be available to the public to look at. Mr. Stewart said that it is difficult to know how close to the lake it is without seeing an outline. Mr. Stewart said that there is a culvert near the leech field. Mr. Cummings said the culvert will be extended. Mr. Stewart asked about wetlands impact and if it has been deviated. He said this is necessary to review before the Conservation Commission can give their approval. Mr. Stewart asked about the different trail ways that looks like it goes into the parking lot. He asked if this needs to be reviewed by NH Fish & Wildlife. Mr. Bashaw thinks that it is not a trail that they put it in and that it is internal.
There being no more input, Mr. Healey closed the public input.
Mr. Smith asked about the play area. Mr. Bashaw said it would be a play area in nature, but not a playground. It is program related.
Mr. Healey made a motion to set a site visit at the Fells on Tuesday, May 1 at 4:00 p.m. Mr. Smith seconded the motion. All were in favor.
Mr. Healey made a motion to continue the hearing on Tuesday, May 15. Mr. Smith seconded the motion. All were in favor.
Mr. Healey made a motion to adjourn. Mr. Geddes seconded the motion. All in favor.
Meeting adjourned at 9:01 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary