Planning Board Meeting Minutes
Planning Board
June 20, 2017
Approved February 20, 2018
Members Present: Bruce Healey, 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.
7:00 p.m. Public Hearing - proposed amendments to Site Plan Review Regulations and Land Subdivision Control Regulations.
Mr. Healey opened the 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, June 20, 2017 at 7:00 p.m. in the Newbury Town Office Building, U.S. Route 103, Newbury, N.H. to review and discuss adoption of proposed amendments to the Site Plan Review Regulations and the Land Subdivision Control Regulations. The major amendment proposed to the Site Plan Review Regulations concerns implementation of Phase II Preliminary Design Review which was approved at Town Meeting. The other four proposed changes are “housekeeping” in nature. The proposed amendments to the Land Subdivision Control Regulations address changes to Section VII - Annexations, Minor Lot Line Adjustments, or Boundary Agreements. Copies of all the proposed amendments to both the regulations are available from the Land Use Coordinator in the Town Office Building and on the Town website at www.newburynh.org.
Mr. Healey reviewed the hearing procedure as follows: Mr. McWilliams will review the rationale behind each proposed amendment, the Public will be invited to comment, and the Board will deliberate, and then vote.
Amendments to Section VII of the Subdivision Regulations – Annexations., Minor Lot Line Adjustments, of Boundary Agreements – Application Submittal Requirements
Mr. McWilliams reviewed the rationale for the suggested changes which focused on annexations or lot line adjustments that are encumbered by a third party. Also, additional changes focused on the procedures and submittals of deeds, signed plats, etc. to the Land Use Coordinator and the procedures for filing same.
There being no discussion from the Board, Mr. Healey opened the public portion of the hearing.
There being no comment from the Public, Mr. Healey closed the public portion of the hearing and the Board went into deliberations.
There being no further comment from the Board, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to adopt the amendment to Section VII of the Subdivision Regulations - Annexations., Minor Lot Line Adjustments, or Boundary Agreements – Application Submittal Requirements. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Beaton, Mr. Weiler, Mr. Healey
Opposed: None
Amend Article 5.3 Phase II: Design Review
Mr. McWilliams noted that this proposed Preliminary Design Review amendment reflects a 2017 Town Meeting vote to include Preliminary Design Review as a required step for developments that meet one or more of the proposed criteria outlined in 5.3.1.
There was discussion about the numbering sequence.
Mr. Beaton asked about the burden on the applicant regarding submission of all required documentation. Mr. Weiler noted that the required documents would be requested during the Conceptual phase, so this would not be a duplication for the applicant.
There being no further discussion from the Board, Mr. Healey opened the public portion of the hearing.
There being no comment from the Public, Mr. Healey closed the public portion of the hearing and the Board went into deliberations.
There being no further comment from the Board, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to adopt the amendment to Article 5.3 Phase II: Design Review. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Beaton, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey closed the hearing.
ADMINISTRATIVE BUSINESS
Site Plan Signature
Mr. Healey reminded the Board to sign the approved Site Plans for The Fells, Bob’s Beacon Marina, and Willow Pond Gravel Pit.
Master Plan Status
Mr. Healey reminded the Board of the upcoming Public Hearing of the proposed Master Plan, Envision Newbury 2027, which is scheduled for June 29, 2017 at 7:00 p.m. He noted that the master Plan Committee worked on this project for 21 months.
CASE: Case 2015-008 Minor Site Plan Review – DRED- NEHSA(agent)- Mount Sunapee Resort on Route 103- Tax Map 013-386-092-000A- building expansion; site improvements; drainage and access to the NEHSA lodge.
Mr. Healey opened the hearing and read into the record the following Public Notice:
Notice is hereby given that the Planning Board will receive submission of an Application for a Minor Site Plan Review from the Department of Resources & Economic Development/agent: New England Handicapped Sports Association. Changes have been made to a Site Plan approved in August of 2015 for a building expansion; site improvements; drainage and access to the NEHSA lodge at Mount Sunapee Resort located on Route 103, Newbury, NH, Tax Map 013-386-092-000A. The application will be presented on Tuesday, June 20, 2017, at 7:15pm in the Town Office Building at 937 Route 103 in Newbury, NH. If the application is accepted as complete, a public hearing on the application will commence at the same meeting. Copies of the plan are available for public review at the Town Office Building during regular business hours. Interested citizens are encouraged to attend the public hearing and express their views. Signed written comments will be accepted during business hours at least one (1) business day prior to the meeting at the Land Use Office. Land Use Office hours are as follows: Monday, Tuesday, Thursday, and Friday from 8am to noon.
The application was reviewed for completeness.
Mr. Weiler made a motion to accept the application as complete. Mr. Smith seconded the motion. All in favor.
Mr. Healey noted that this application involves a revision to the existing site plan.
Brian Vincent, CLD Engineers, and Tom Kesey, executive director, New England Handicapped Sports Association (NEHSA), presented to the Board.
NEHSA is located at Mt. Sunapee Resort between the Lodge building and the Learning Center. The proposed project calls for removing an existing deck and paved walkway that runs up to the NEHSA building. Mr. Vincent noted that all walkways near the building have been redesigned and will be re-constructed in a new configuration to better meet ADA requirements. The proposed building addition and new patio will be constructed on the eastern side of the existing building. Also, a portion of the existing parking area on the west side of the building is slated to be graded and re-paved to meet the ADA requirements better. Construction of some new drainage structures and piping as well as all associated grading and re-vegetation will also be completed.
Mr. Vincent acknowledged that permits are needed for Alteration of Terrain and from the Fire Marshall.
He added that stormwater management improvements include adding a French drain to the existing driveway along with a stone reservoir. Currently, stormwater discharges to the driveway. The proposed improvements will intercept the water flow before it gets to the parking lot and adjacent brook.
Mr. Beaton asked about the proximity of the brook to the proposed drain. Mr. Vincent said 25 to 35 feet. Mr. Beaton asked if the NH DES has reviewed the proposal. Mr. Vincent said DES is looking at the plan now. He added that LSPA helped with the proposed stormwater management plan.
Mr. Healey asked if a building permit has been issued for the proposed building addition. Mr. Vincent said not yet.
There was discussion about including a condition precedent that required a DES Alteration of Terrain permit within 90 days upon receipt of a building permit.
There being no further discussion from the Board, Mr. Healey opened the public portion of the hearing.
There being no comment from the Public, Mr. Healey closed the public portion of the hearing and the Board went into deliberations.
There being no further comment from the Board, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to approve the application for a Minor Site Plan Review from the Department of Resources & Economic Development/agent: New England Handicapped Sports Association, Tax Map 013-386-092-000A, with the following condition precedent: that a DES Alteration of Terrain permit be obtained within 90 days upon receipt of a building permit. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Beaton, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey advised that the applicant or any party directly affected by this decision may appeal to the proper Board or Superior Court within thirty (30) days of this decision.
CASE: Case 2017-008 Final Site Plan Review- The Fells – Joe Thompson/David Bashaw (Agents)- 456 Route 103A- Tax Map 018-232-347 – Required by Zoning Ordinance Article 5.4.
Mr. Healey opened the hearing and read into the record the following Public Notice:
Notice is hereby given that the Planning Board will receive submission of an Application for Final Site Plan Review from The Fells for property located at 456 Route 103A, Newbury, NH, Tax Map 018-232-347 on Tuesday, June 20, 2017, at 7:30 pm in the Town Office Building at 937 Route 103 in Newbury, NH. The Fells Site Plan Review is required by Newbury's Zoning Ordinance Article 5.4 Uses Permitted by Special Exception and Subject to Site Plan Review Approval by the Planning Board - Section 5.4.3 Institutional Uses. Copies of the plan are available for public review at the Town Office Building during regular business hours. Interested citizens are encouraged to attend the public hearing and express their views. Signed written comments will be accepted during business hours at least one (1) business day prior to the meeting at the Land Use Office. Land Use Office hours are as follows: Monday, Tuesday, Thursday, and Friday from 8am to noon.
Joe Thompson, and David Bashaw, The Fells, presented to the Board. Mr. Thompson presented a list of requested Waivers.
Mr. Healey reviewed Article VIII Waiver of Requirements, specifically Sections 8.1.1, 8.1.2, and 8.4.
Mr. Healey read into the record the following Condition: We understand any waivers granted are for this Site Plan only and do not apply to future projects or activity. The Fells will never develop or change over 90% of the property. However, if changes or projects occur on the remaining property, regulations and waivers will be addressed in the context of those projects independent from anything granted for this Site Plan.
The Board reviewed the requested Waivers:
Section 7.7 Site Plan: A Site Plan map drawn to the scale of 1-inch = 20-feet or an alternative scale acceptable to the Board.
Mr. Thompson noted that a scale of 1-inch = 100-feet exists in the current site plan and that it provides the necessary detail throughout the 84 acres.
Mr. Weiler made a motion to grant the Waiver of Section 7.7 under Section 8.1.1 with the above stated Condition. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Beaton, Mr. Weiler, Mr. Healey
Opposed: None
Section 7.7.11 Existing and proposed grades with topographic contours at intervals not exceeding two (2) feet.
Mr. Thompson stated that intervals of twenty (20) feet exists in the current site plan and provides the necessary detail throughout the 84 acres.
Mr. Weiler made a motion to grant the Waiver of Section 7.7.11 under Section 8.1.1 with the above stated Condition. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Beaton, Mr. Weiler, Mr. Healey
Opposed: None
Section 7.7.12 Any existing streams, wetlands, marshes, lakes or ponds whether natural or manmade, and the location and elevation of any designated flood hazard areas.
Mr. Thompson stated that mapping wetlands for 84 acres would pose an unnecessary hardship to the applicant and the waiver would not be contrary to the spirit and intent of the regulations.
Mr. Beaton asked if The Fells has looked getting proposals for having the 84 acres mapped for wetlands. Mr. Thompson said there is no work proposed for the land and the level of existing wetland detail is, therefore, sufficient.
Mr. Beaton added that because the property is on the lake, there is a need to know the impact of any possible work in the future. He added that the town should have a full wetlands mapping on file for this purpose.
Discussion followed pertaining to how best to ensure the safety of the wetlands adjacent to any potential project work on the property.
Mr. Beaton expressed his concern that a full wetlands mapping of this property is not on file.
Mr. Weiler made a motion to grant the Waiver of Section 7.7.12 under Section 8.1.1 with the above stated Condition. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Weiler, Mr. Healey
Opposed: Mr. Beaton
Section 7.9 Drainage Plan.
Mr. Thompson stated that all drainage structures installed by the U.S. Fish & Wildlife (circa 20-25 years ago) are noted on the Site Plan. He added that the current buildings and landscape have been in place for 80-125 years. He said, to the best knowledge of The Fells management staff, there have been no issues with drainage or run-off.
Mr. Weiler made a motion to grant the Waiver under Section 8.1.1 with the above stated Condition. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Beaton, Mr. Weiler, Mr. Healey
Opposed: None
The application was reviewed for completeness.
Mr. Weiler made a motion to accept the application as complete. Mr. Smith seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Beaton, Mr. Weiler, Mr. Healey
Opposed: None
Mr. Healey noted that The Fells received a Special Exception without conditions under Section 5.4.3 Institutional Uses. The uses are described as historic estate and gardens within a residential district.
Mr. Thompson and Mr. Bashaw discussed extensively the history and current activities of The Fells Historic Estate and Gardens. (Note: The full text of the Written Summary is contained in the Planning Board binder at Town Office.) Mr. Thompson described the present existing conditions on the property and noted that he used the same site plan as that used in 2000. He reviewed the site plan and noted the location of drains and wells.
Mr. Thompson noted that there are no plans to change the existing site.
Mr. Beaton noted that the many hiking trails on the property are not shown on the plan.
Mr. Thompson further described the site and its current uses. The Fells property consists of almost 84 acres, including over 3,100 feet of undeveloped shore land along Lake Sunapee – all protected by an historic preservation easement. They described the current activities and noted that this list may expand.
Mr. Thompson and Mr. Bashaw emphasized that all activities adhere to all town regulations.
Mr. Healey referred to the Newbury Zoning ordinance and stated that this application pertains to Section 5.4 Uses Permitted by Special Exception and Subject to Site Plan Review Approval by the Planning Board. He added that Section 5.4 pertains to uses within a residential neighborhood.
Mr. Healey noted that the Zoning Board of Adjustment (ZBA) hearing for a Special Exception on January 9, 2017 was for the uses of The Fells as a historic estate and garden. What surfaced a lot of concern at that hearing was the list of accessory uses (current and future) at The Fells.
Mr. Healey noted that the ZBA approval of The Fells Special Exception application was for the principal use of the property as a historic estate and garden. He added that accessory uses are subordinate to the approved use.
Susan Warren, executive director, The Fells, discussed what she called the proven track record of accessory uses and that there have been no problems with those uses to date. She added that she hoped The Fells will be able to continue with those accessory uses on the property.
Mr. Healey noted that the ZBA placed no conditions on the types or number of accessory uses on The Fells property and gave that responsibility to the Planning Board to handle.
Mr. McWilliams stated that it is very important to define the uses on the property and the parameters placed on those uses because of the impact on the residential neighborhood. He added that the extent of the accessory uses must be defined with parameters, such as the number of events, the number of participants, etc. He recommended that the Planning Board define the uses and the parameters at this time.
Mr. Healey concurred, and proposed that the Board ask for definitions from The Fells regarding the kinds of accessory uses, the parameters, etc. He suggested that the application be continued until the Board could examine this issue fully.
Mr. Smith agreed. Mr. Beaton said he wasn’t sure.
Mr. Healey said at the ZBA hearing, the attorney for The Fells stated that if there was an issue regarding the uses on the property, that The Fells would come back to the town to rectify the situation. However, this would be a voluntary act with no oversight by the Planning Board.
Mr. Weiler said he objected to holding a non-profit organization to a different standard than what is expected from a for-profit business regarding accessory uses.
Mr. McWilliams stated that accessory uses are an integral part to this site.
Discussion followed pertaining to accessory uses and the public concern regarding same.
Ms. Warren stated that The Fells abides by the Town regulations.
There being no further questions from the Board, Mr. Healey opened the hearing to the Public.
There being no public comment, Mr. Healey closed the public portion of the hearing and the Board went into deliberations.
Mr. Healey requested a Board consensus regarding requiring a list from The Fells for all intended Accessory Uses:
Nay: Mr. Weiler, Mr. Beaton
Yay: Mr. Smith, Mr. Healey
There being no further discussion, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to approve the Site Plan application as submitted. Mr. Beaton seconded the motion. Mr. Healey called for a Roll Call vote.
In Favor: Mr. Smith, Mr. Beaton, Mr. Weiler
Opposed: Mr. Healey
Mr. Healey advised that the applicant or any party directly affected by this decision may appeal to the proper Board or Superior Court within thirty (30) days of this decision.
ADMINISTRATIVE BUSINESS
CIP Update
Mr. McWilliams noted that the CIP will meet at 9:00 a.m. on July 18, 2017 and on August 1, 2017.
2017 Amendments
Mr. Healey reviewed a list of potential amendments to the zoning ordinance for Planning Board discussion. Also covered was a reference to amending the Board’s Subdivision regulations and the Site Plan Review regulations. Mr. Healey noted that there is a change to Article 12 Cluster Development. It is now called Conservation Development.
There being no further discussion, Mr. Healey called for a Motion to Adjourn.
Mr. Weiler made a motion to adjourn. Mr. Smith seconded the motion. All in favor.
Meeting adjourned at 8:48 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary