Planning Board Meeting Minutes May 16, 2017
Planning Board
April 18, 2017
Approved May 16, 2018
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
The Board reviewed the minutes of April 4, 2017 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Smith seconded the motion. All in favor.
Notice of Decision/Conditions Procedure
Mr. Healey discussed the procedure used regarding the Notice of Decision (NOD) and the inclusion of conditions. He emphasized the need for the Board to make sure that all appropriate and applicable conditions for each NOD are included accurately. Mr. Healey welcomed any Board input regarding same.
Volunteer Newbury!
Mr. Healey informed the Board that a campaign to attract volunteers to serve on town boards/commissions/committees has been approved by the Selectboard. Titled Volunteer Newbury!, the campaign will be launched in May via a letter from the Selectboard to all registered voters alerting them to the need for volunteers. The three land use boards will be the initial focus. Subsequent efforts include volunteer profiles in the town newsletter, content on the Newbury website, ads in the Kearsarge Shopper and the Intertown paper, open house events, and a banner for use at all town celebrations and events.
Master Plan Update
Mr. Healey noted that a number of Board members have submitted comments on the current draft of the Master Plan. He said that all comments/edits will be incorporated and another draft will be produced for copyediting and proof reading. There was general discussion about the methodology used in gathering the content information.
CASE: Case 2017-004 Final – Site Plan Review & Conditional Use Permit – Willow Pond- D&E Land Holding, Carol Edmunds(Owner)- T.F. Bernier, Inc. (Agent) – 215 Village Road – Gravel Pit- improvements to existing driveway, installation of a temporary scale & scale house.
Mr. Healey requested that the Conditional use Permit application be reviewed first. The Board agreed.
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 D&E Land Holding, LLC. One application for a Conditional Use Permit for development in a wetland buffer and a second application for a Final Site Plan Review concerning improvements to an existing driveway and proposed addition of a temporary scale and scale house located at 215 Village Road, Tax Map 044-316-433 on Tuesday, April 18, 2017 at 7:15 p.m. in the Town Office Building at 937 Route 103 in Newbury, N.H. If the application is accepted as complete, a public hearing on the accepted 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. Business hours are as follows: Monday, Tuesday, Thursday, and Friday from 8am to noon.
It was announced that the hearing would proceed in the following order: The Conditional Use Permit application would be reviewed for completeness. Then, before reviewing the Site Plan Review application for completeness, the Request for Waivers would be reviewed. Following the Site Plan Review application review for completeness, the Conditional Use Permit hearing would begin.
The Conditional Use Permit Application was reviewed for completeness.
Mr. Healey referred to Article 8 Wetlands Conservation Overlay District, Section 8.7 Uses Permitted in a Wetland Buffer, Paragraph 8.7.5 Standards.
Mr. Weiler made a motion to accept the Conditional Use Permit application as complete. Mr. Smith 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
A Request for Waivers was presented by Tim Bernier, of Tim Bernier, Inc., Land Surveyors-Designers-Consultants, Concord, NH, agent. Mr. Bernier requested Waivers of the following Site Plan Review Regulations:
Section 7.7.6 …regarding a perimeter boundary survey, etc.…
Mr. Healey asked if there was an updated survey available for review. Mr. Bernier indicated that there was no full boundary survey available, but rather a survey showing the areas on the property under consideration for this application.
Mr. Weiler made a motion to grant a waiver to Section 7.7.6. Mr. Smith 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
Section 7.7.10…regarding location, shape, and size of all existing and proposed buildings, etc...
Mr. Weiler made a motion to grant a waiver to Section 7.7.10. Mr. Beaton 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
Section 7.7.13….regarding a utility plan, etc….including Sections 7.7.13.1, 7.7.13.2, 7.7.13.4, and 7.7.13.6
Mr. Weiler made a motion to grant a waiver to Section 7.7.13, 7.7.13.1, 7.7.13.2, 7.7.13.4, and 7.7.13.6. Mr. Smith 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
Section 7.8…regarding Landscaping Plan, etc…..
Mr. Weiler made a motion to grant a waiver to Section 7.8. 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. Smith asked for clarification of the term “temporary”. Mr. Bernier said the mining will continue until the gravel runs out. Garth DuBois added that he would like to finish the mining in five years, but that time frame depends on the economy.
Section 7.9 Drainage Plan including Section 7.9.3 and Section 7.9.4
Mr. Beaton questioned why a full drainage calculations on the entire site was not completed to ensure there are no drainage problems on the site. Mr. Bernier replied that the site under consideration for this application is so small that it was decided not to run drainage calculations. He added that the soil composition throughout the gravel pit is sediment-based (Group-A), mostly gravel and porous.
Mr. Bernier stated that the soil supplies the site with excellent natural drainage. He stated that the drainage proposed will handle everything up to a 100 year storm event. He noted that a proposed culvert is in the plan to handle the anticipated runoff from the temporary scale location and by-pass road.
Eric Unger, Vice-chair, Newbury Conservation Commission, questioned the northerly direction of the runoff. He reminded the Board and the applicant that the northerly direction of the runoff means the runoff is going directly into the wetlands.
Mr. Bernier disagreed, referring to the plans. He indicated the proposed measures to ensure the runoff does not drain into the adjacent wetlands.
Mr. Weiler made a motion to grant a waiver to Section 7.9, 7.9.3 and 7.9.4. Mr. Beaton 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
The Final Site Plan Review 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. Geddes, Mr. Smith, Mr. Beaton, Mr. Weiler, Mr. Healey
Opposed: None
Conditional Use Permit Application
Mr. Healey opened the hearing. He reminded the Board that they will be reviewing the application for a Conditional Use Permit before the application for a Final Site Plan Review.
Mr. Healey reviewed the history of the property, noting that the gravel pit opened in the 1950s and has been operated on and off as a gravel pit from the 1950s until the present.
He stated that the property is located in a sensitive area, adding that Morse Brook runs through the property. Also, Mr. Healey noted that the property contains wetlands and the entire property is located within the Aquifer Protected Overlay District.
Mr. Bernier gave an overview of the property, noting that in 2016 there were two areas of mining and material pickup. He indicated on the plans the location of the existing driveway – with an entrance/exit onto Village Road and another one onto South Road.
He said the application pertains to the Village Road entrance/exit only. He indicated that the driveway was last paved 30 years ago.
He stated that the property was recently purchased by D&E Land Holdings, LLC and all permits were transferred with the property. He added that the new owners need a temporary scale to ensure accuracy of each truckload leaving the pit. He said the new owners also want to install a building to house the electronic equipment needed to operate the scale. There is also a proposed bypass lane adjacent to the scale.
Mr. Bernier said this application is about improving the entrance and bringing the property up-to-date. He added that he anticipates that there will be 10,050 square feet of impact within the wetlands buffer resulting, primarily, from the filling in of the area designated for the scale.
Mr. Bernier stated that he conducted a survey of the existing conditions on the property and determined that there has been a lot of land disturbance and topography alteration over the past 50 years. He added that the existing drainage was deemed adequate since the soil is composed of sedimentary materials and remains good. He noted that the proposed plans include a small retention pond area and a culvert.
Mr. Bernier added that the plans include some parking for the scale house for customers to consult regarding the standards of the mining operation.
Mr. McWilliams noted that the plans call for adding about 5-feet of fill in the scale location. Mr. Bernier said yes, that it is necessary in order to create a flat area for the scale.
Mr. McWilliams pointed out that the slope resulting from the 5-foot filled area may create runoff issues for the nearby wetlands. He suggested reducing the fill height to 2-feet to 3-feet. Mr. Bernier replied that the overall height savings would be only 1 ½-feet and deemed that inconsequential.
Mr. Smith noted that the scale sits on piers and suggested lowering the piers. Mr. Bernier said that was not realistic since there was an adjacent bypass lane that would be affected.
There being no further questions from the Board, Mr. Healey opened the public portion of the hearing.
Eric Unger, Vice-chair, Newbury Conservation Commission, said he visited the site and noted that the existing wetland buffer would be encroached by five to ten feet by this plan, which would reduce the existing wetland buffer from 65 feet to about 30 feet. He added that installing a silt fence would require the cutting of a number of trees.
Mr. Bernier said, yes, trees will have to be cut and some of the wetland buffer filled in to get the area level for the installation of the scale. He added that the plan calls for doing what is necessary to get the scale area stable.
Mr. Unger stated that the plan leaves that area with a lawn and no trees.
Cal Prussman, Newbury Highway Administrator, expressed concern about the traffic pattern for trucks entering and exiting the property. He said heavy trucks entering the nearby quiet streets will be a problem. Discussion followed regarding alternative routing of the trucks to mitigate this possibility.
Mr. Prussman asked if the South Road entrance will remain open since it is used by the fire department for water access if needed. Carol Edmunds, owner, said yes, it will remain open for safety purposes but not as an entry/exit for the business.
There being no further comment from the Public, Mr. Healey closed the public portion of the hearing and the Board went into deliberations.
Mr. Healey reviewed the Standards, noting that prior to issuing a Conditional Use Permit the Planning Board shall be convinced that:
8.7.5.1 the use cannot be implemented outside the wetland buffer,
8.7.5.2 the location in the wetland buffer will cause the least impact, and
8.7.5.3 the method of implementation will minimize the impact to the wetland buffer.
There being no further discussion, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to approve the Conditional Use Permit. Mr. Smith 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 informed Mr. Bernier and the applicant 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.
Mr. Healey opened the hearing for a Final Site Plan Review and noted that this property is located within a residential zone.
Mr. Bernier summarized the proposed project as follows: To improve the existing access road off Village Road, install a temporary scale, build a 14-foot x 24-foot scale house with four parking spaces, and to pave about 335 feet of access road from the Village Road entrance. The business will operate 6 a.m. – 6 p.m. Monday through Friday and 6 a.m. – 4 p.m. on Saturday. Employees total four to five. The level of customer activity depends on the economy. The parking spaces will be used by an operator at the scale house, two spaces for customers, and one handicap space. Electric and telephone data will service the scale house.
Mr. Healey asked about the distance between Village Road and the scale. Mr. Bernier it is 190-feet from the pavement edge of Village Road.
Mr. Healey asked about the height of the scale as seen from Village Road. Mr. Bernier said the scale will be on the same level as the road.
Mr. Healey asked about the proposed width of the scale area. Mr. Bernier said the scale lane is 12-feet wide and the bypass lane is 18 ½-feet wide.
Mr. McWilliams asked about the width of the pass through lane. Mr. Bernier said it needs to be that wide since trucks sometimes park on the side and other trucks need to pass them to exit.
Mr. Healey asked about the Village Road entry being gated. Mr. Bernier said yes, it is gated when the gravel pit is closed.
Mr. Geddes asked if the scale can be seen from Village Road. Mr. Bernier said no, but the scale house is visible.
Mr. Geddes asked about the line of sight at the Village Road exit. Mr. Bernier said there is a long sight line to the right and to the left.
There was discussion regarding the mining operations. Customers were identified as landscapers, municipal towns, and contractors.
Mr. Smith asked about dust control measures. Mr. Bernier said the driveway paving and keeping the area swept should minimize dust.
Mr. Beaton asked if the Village Road entrance will be swept. Mr. Bernier said yes.
Mr. Healey expressed concern about the potential damage to Village Road by the heavy trucks from the gravel pit. He noted the amount of work done by the town on repairing Village Road over the past several years. He suggested that a bond for road damage be considered to protect the town.
Discussion followed regarding traffic patterns for the truckers exiting onto Village Road, load limits on roads and the best way to post the same.
Mr. Prussman agreed to work with Garth DuBois, owner to ensure that trucks exiting onto Village Road turn away from traveling through South Newbury.
There being no further discussion, Mr. Healey opened the public portion of the hearing.
There being no public input, Mr. Healey closed the public portion of the hearing and the Board went into deliberations.
Mr. Healey reviewed the departmental sign-off sheets.
Mr. Unger raised the following concerns as listed on the NCC sign-off sheet:
The site is above a major aquifer.
The plan includes tree cutting, landscaping and deposition of up to 5-feet of fill in buffer.
The plan reduces the wetland buffer to about 30-feet.
Suggestion that the Planning Board make a site visit to visually verify the planned land clearing, silt fence location, distance to the wetland, etc.
Recommendation that the plan be reviewed by a wetlands professional.
There was further discussion regarding the Board’s concern regarding avoiding truck traffic through South Newbury, establishing effective signs on the property and at the Village Road exit directing trucks away from south Newbury, and the need for D&E land Holdings, LLC to work with the community to ensure adherence to the above.
Mr. Beaton raised the concern of the hours of operation for the rock crushing activities at the pit. Mr. Smith said he would check the noise ordinance to ensure minimum disturbance to the neighboring residents.
There being no further discussion by the Board, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to approve the Site Plan Review as presented. Mr. Smith 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 informed Mr. Bernier and the applicant 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.
CASE: Conceptual – D&E Land Holdings, LLC, 215Village Road and South Road, Newbury, NH, Tax Map/Lot 44-316-433, in addition to selling earth products, owners want to sell other earth-based products that in whole or in part are shipped in from other facilities such as bark mulch and crushed stone related products. All activities will utilize the existing facility with no expansion of disturbed area or impervious surface.
Tim Bernier, of Tim Bernier, Inc., Land Surveyors-Designers-Consultants, Concord, NH, agent, discussed this Conceptual with the Board.
He listed the types of items that are being sold on site at the gravel pit. He said there was concern about the kinds of items that were being brought onto the site from outside suppliers and then resold on site. As a result, there was a cease and desist issued. He said in the past, blended products were sold but not bark mulch. He said that the mulch was added because landscapers are a big part of the pit’s customer base.
Discussion followed.
Mr. Weiler noted that retail sales is a permitted use in the business district, but not in the residential district. He referred the applicant to Article 5 of the zoning ordinance. He added that this would require a Variance but that the hardship requirement for same might be difficult to prove.
Discussion included the types of products and activities that have been sold and occurred on this property under previous owners. The possibility of having the product list grandfathered in was discussed by Mr. Bernier.
There was Board consensus that the Selectboard would be the appropriate next step for the applicant to take for further discussion regarding the question of grandfathering product listings that are sold on the property.
The Board took a break at 9:29 p.m.
The meeting resumed at 9:32 p.m.
ADDITIONAL BUSINESS
Mr. Healey suggested that the Board meet at 7:00 p.m. on May 2, 2017 for a work session to discuss the following:
Subdivision Regulations Amendments - Section VII Annexations, Lot Line Adjustments
Site Plan Review Regulations - Preliminary Review of Site Plans
The Board agreed.
Mr. Smith made a motion to adjourn. Mr. Beaton seconded the motion. All in favor.
Meeting adjourned at 9:35 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary