Planning Board Minutes
Planning Board
February 20, 2018
Final
Approved March 19, 2019
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.
Mr. Healey appointed Mr. Wright a voting member for this meeting.
ADMINISTRATIVE BUSINESS
2018 Planning Board Elections
Mr. Healey reviewed with the Board the following Board openings and candidates:
Two 2-year positions: Regina Cockerill and Howard Mauer are running unopposed.
Two 3-year positions: Mr. Healey and Mr. Wright are running unopposed.
Mr. Healey noted that Mr. Geddes will fill an Alternate position, per the latter’s request.
Ron Williams Resignation
Mr. Healey read into the record the following letter from Board member Ron Williams:
January 23, 2018, Newbury Planning Board, Dear Board Members, After giving the matter considerable thought, effective immediately, I have decided to resign from the Planning Board. I have thoroughly enjoy[ed] my many years on the Board and the opportunity to work with so many members committed to the stewardship of our wonderful community. However, due to unforeseen health complications, during the past year I have found it very difficult to fulfill the responsibilities of my role as a member of the Board. Thank you so much for your understanding. It was a joy and privilege to serve on the Board and I wish you all the best. Yours sincerely, Ron Williams
Mr. Williams has served the Town of Newbury in a volunteer capacity since 1996. It was agreed that a Proclamation of Appreciation from the Selectboard be presented to Mr. Williams at Town Meeting in March. The Recording Secretary agreed to follow up on this suggestion.
Minutes
The Board reviewed the minutes of June 20, 2017 and made corrections. Mr. Weiler made a motion to accept the minutes as corrected. Mr. Geddes seconded the motion. All in favor.
The Board reviewed the minutes of December 19, 2017 and made corrections. Mr. Weiler made a motion to accept the minutes as corrected. Mr. Geddes seconded the motion. All in favor.
The Board reviewed the minutes of January 9, 2018 and made corrections. Mr. Weiler made a motion to accept the minutes as corrected. Mr. Wright seconded the motion. All in favor.
The Board reviewed the minutes of January 16, 2018 and made corrections. Mr. Weiler made a motion to accept the minutes as corrected. Mr. Geddes seconded the motion. All in favor.
OSI Spring Conference
Mr. Healey informed the Board of the upcoming Office of Strategic Initiatives (OSI) spring conference on April 28, 2018 and encouraged members and alternates to register and attend.
LSPA Workshop
Mr. Healey notified the Board of LSPA’s Landscaping for Water Quality workshop on March 29 & 30, 2018. He described the workshop topics and encourages all to attend if possible.
Master Plan Habitat Map
Mr. Healey noted that the Habitat Map included in the Envision Newbury 2027 Master Plan is incorrect and stated that a replacement map has been produced and distributed.
At 7:15 p.m. Case 2018-001 Minor Site Plan Review- Heath Family Trust c/o Charter Trust (Owner) Kathy Farland (Agent) – 1485 Route 103, Newbury, NH Tax Map 007-549-130 – Proposing a change of use to operate as Clue, LLC, featuring escape room adventures.
Mr. Healey read into the record the following Public Notice: Notice is hereby given that the Planning Board will receive submission of an Application for Minor Site Plan Review from CLUE, LLC, proposing a change of use for property located at 1485 Route 103, Newbury, NH, Tax Map 007-549-130 on Tuesday, February 20, 2018, at 7:15 pm 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. Healey noted that the applicant received a Special Exception from the ZBA on February 12, 2018.
The Board reviewed the request for a waiver from Sections 6.2.1, 6.3.4, 6.3.5 and 6.3.6 of Article 6 Minor Site Plan Review, and determined that the applicant did not need a waiver.
Mr. Smith made a motion to accept the application as complete. Mr. Wright 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 opened the hearing.
Kathy Farland, CLUE proprietor, presented to the Board. She described the business as an escape room adventure – a 60-minute long adventure where players use clues hidden in the escape room to solve the designated “mystery”. This business is for adults and older children only. The groups range from two to 10 people and are considered useful in team building team skills. The business is open in the afternoon and evenings.
Mr. McWilliams asked about the number of rooms involved and if there is a second floor to the operation. Ms. Farland said there are three rooms that will be operational on the first floor and that there are rooms available on the second floor, but the latter will not be operational to start. She added that the second floor does not have insulation and is currently used for storage.
Ms. Farland noted that the business has been opened for the past two weekends and have had customers. She added that all customers have indicated that they enjoyed the experience.
Ms. Farland stated that beginning hours of operation will be Thursday and Sunday 1:00 p.m. to 8:00 p.m. Scheduled games are at 1:00 p.m., 3:00 p.m., 5:00 p.m. and 7:00 p.m. Identical hours of operation will be set for Friday and Saturday with an additional Game set for 9:00 p.m. She noted that additional weeknights may come into play if the demand increases.
Employees include Ms. Farland and one other at first, with a total of two to three employees in addition to Ms. Farland. Parking spaces will likely not exceed 12 if all three Game rooms are in use.
Ms. Farland noted that this recreation is by reservation only, is offered at specific times, and limits the number of participants. She added that the resulting traffic, vehicles, and impact to Route 103 will be negligible.
Mr. Beaton asked if the Fire Department has inspected the premises. Ms. Farland said yes, the Fire Department has approved the maximum number of people (24) within the building at any one time.
There being no further questions 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 discussion from the Board, Mr. Healey called for a Motion to Vote.
Mr. Wright made a motion to approve the application for a Minor Site Plan Review from CLUE, LLC for a change of use for property located at 1485 Route 103, Newbury, NH, Tax Map 007-549-130. 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 informed Ms. Farland that she 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 2018-002 Final Annexation/Lot Line Adjustment- Clayton Platt (Agent) for Robert & Carol Warrington (Owners) Lakewood Manor Place, Newbury, NH, Tax
Map 019-698-508, Nancy B. Keenan Real Estate Trust (Owner) 19 Lakewood Manor
Place, Newbury, NH, Tax Map 019-706-519, and Haven A. & Patricia M. Knight (Owners) 16 Lakewood Manor Place, Newbury, NH, Tax Map 019-694-499.
Mr. Healey read into the record the following Public Notice: Notice is hereby given that the Planning Board will receive submission of an application for a Final Hearing for Annexation/Lot Line Adjustments from Clayton Platt, for properties located on Lakewood Manor Place, Newbury, NH, Tax Map 019-698-508 & 019-706-519 & 019-694-499 on Tuesday, February 20, 2018, at 7:30 p.m. 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. Business hours are as follows: Monday, Tuesday, Thursday, and Friday from 8am to noon.
The application was reviewed for completeness.
Mr. Smith made a motion to accept the application as complete. Mr. Geddes 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 opened the hearing.
Clayton Platt, Pennyroyal Hill Land Surveying LLC, agent, presented to the Board and introduced Peter Keenan, owner of Tax Map/Lot 19-706-519.
Mr. Platt stated that Robert & Carol Warrington own a vacant lot on Lake Sunapee in the Lakewood Manor sub-division that has never been developed. The Keenans to the north and Patricia Knight to the south want to purchase the Warrington lot and divide it in two and annex the respective portions to their properties. The proposed annexation would eliminate the existing lot owned by the Warringtons. Mr. Platt added that the proposed annexation/lot line adjustment would eliminate a sub-standard lakefront lot. He said the lot was created in 1969 as the Lakewood Manor sub-division prior to the town’s zoning ordinance.
Mr. Platt referred to a sub-division plan showing the four lots with 27-foot by 75-foot areas on the other side of the road for the leach field. That means the leach field for the properties owned by the Knights and Keenans are on the other side of the road. The space designated for the Warrington lot will be noted in the deed that the space shall not be used for any other purpose.
Mr. McWilliams noted that the submitted materials also indicate that the leach field areas may not be deeded separately from the owners’ lakefront properties. Mr. Platt said the applicant’s lawyer has re-worded the reference to read, “The lot across the road shall be subject to provision that these premises shall be used for no purpose other than that of a leach field for the effluent emanating from the single family residence constructed on a lot shown on the plan # 2375.” Mr. Platt stated that the plan referred to the original sub-division plan.
Mr. McWilliams questioned whether the reference quote above would serve any lot in the sub-division. Mr. Platt said it was conceivable that it could. Mr. McWilliams added that this reference should be clearly stated and shown in the deed, in the form of a restriction in the deed, and that the deed should be shown to the Board.
Peter Keenan said that the deeds are ready, including the deed for the so-called septic lot (75-feet by 29-feet).
There was discussion regarding the exact location of the septic lot on the plan. Mr. Platt pointed out on the plan the four small lots that were septic lots. Mr. Healey asked Mr. Platt and Mr. Keenan how they want to reference the septic lot in the deed.
Mr. Keenan stated that there are three deeds: Deed 1 (Parcel A) is to Keenan RE Trust for the property north of the Warrington lot; Deed 2 (Parcel B) is to Patricia Knight for the property on the south side of the Warrington lot; and Deed 3 is to the 2,000 square foot back lot, Lot 12 [aka septic lot] and that is conveyed to the Keenan RE Trust and Patricia Knight as tenants in common. The third deed has a provision, which Mr. Keenan read as follows, “It is a condition of this conveyance and by the acceptance of this deed that within grantees for themselves, their heirs and assigns expressly agree that the remises herein conveyed shall be used for no purpose other than that of a leach field for the effluent emanating from a single family residence constructed on a lot shown in the plan.”
Mr. Keenan continued, stating that he and the Knights each have a septic tank outside their respective houses and there is a pump in the septic tank, which pumps the grey water up under Lakewood Manor Place and across Lakewood Manor Road up onto the area shown as the 2,000 square foot lot.
Mr. Geddes asked who will assume ownership of the small septic lot that is not getting used in this plan. Mr. Keenan said that lot will be co-owned by the Keenan RE Trust and the Knights and that lot cannot be built on or used for anything other than as stated in the Deed 3.
Mr. McWilliams noted that the applicant must bring in the executed deeds to forward with the plan.
Mr. Healey reviewed with the applicant the procedure for filing deeds. Discussion followed regarding this process. It was noted that the Town took control of the process so plats and deeds are recorded at the same time. Mr. Healey noted that he will speak with the Land Use Administrator to coordinate the process with the applicant and their lawyer, Michael Work, in Newport.
There being no further questions from the Board, Mr. Healey opened the public portion of the hearing.
Mr. Healey read into the record the following letter:
February 13, 2018
To: Town of Newbury, Planning Board, P.O. Box 296, Newbury, NH 03255
From: Robert & Karen Stockton, 15 Lakewood Manor Place, Newbury, NH 03255
RE: Lakewood Manor Place Annexation/Lot Line Adjustment
Tax Map 019-698-508 & 019-706-519
Ladies/Gentlemen,
My wife and I are contiguous property owners to the proposed annexation and lot line adjustment to the Knight’s and Keenan’s properties. Both neighbors are wonderful people and great stewards of the beauty of Lake Sunapee. We encourage the Planning Board members to approve the proposed property line changes as it represents the highest and best use of the divided parcel, will result in preservation of the shoreline and natural beauty of the area, and further enhance our neighborhood. Thank you for your kind consideration.
Very truly yours,
Karen M. Stockton
Robert Stockton
There being no further comment from the Public, Mr. Healey closed the public portion and the Board went into deliberations.
Mr. Healey reassured Mr. Keenan that the Land Use Administrator will coordinate with Mr. Keenan’s attorney, Mr. Work, to ensure coordination at the Registry of Deeds.
There being no further discussion from the Board, Mr. Healey called for a Motion to Vote.
Mr. Weiler made a motion to approve the Annexation/Lot Line Adjustment application for Patricia & Haven Knight, Carol & Robert Warrington, and Keenan RE Trust, Tax Map/Lot #s 019-694-499 (Knight), 019-698-508 (Warrington), 019-706-519 (Keenan) with the condition precedent: Within thirty (30) days after the date of Planning Board conditional approval, the applicant shall deliver the Lot Line Adjustment plat and signed deeds to the Land Use Coordinator ready to be recorded. Additionally, the applicant will provide the Land Use Coordinator with payment for all recording fees associated with filing the plat and the deeds with the Registry of Deeds Merrimack County. 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 informed Mr. Platt that the applicants, 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 called for a break at 8:05 p.m.
The meeting resumed at 8:12 p.m.
Mr. Healey read into the record the following statement regarding the parameters of a Conceptual Review consultation:
The Planning Board is authorized to provide Conceptual consultation subject to the following: This preliminary review consultation is a voluntary step available to the applicant. Discussion may occur without the necessity of giving formal public notice, but such discussion must occur only at a formal meeting of the Board. The meeting is a review of the basic concepts of the applicant’s land use proposal or project. The meeting is intended as assistance by answering general questions, and questions regarding application requirements. The discussion must be in general terms, such as the desirability, the types of development, and whether there are any state or local ordinances that may apply to the applicant’s proposal or project. Such consultation shall not bind either the applicant or the Board and statements made by Planning Board members shall not be the basis of disqualifying said members or invalidating any subsequent actions taken by the Planning Board.
Case 2018-003 Conceptual Subdivision/Annexation/Lot-Line Adjustment- R.H. Scott (Owner) for properties located on Meadow Rd., Newbury, NH, Tax Map(s) 041-506-022, 042-643-438, 041-615-010, and 041-623-034 and property located on Old Post Rd., Newbury, NH, Tax Map 032-037-333.
Robert Scott, property owner, reviewed with the Board three items.
Item #1 The plan for a boundary line adjustment for Meadow Road in South View, Lot 15. (Tax Map/Lot # 041-506-022) Mr. Scott said that the road is private at this time. He indicated on the plan the lots that he owns. He indicated that when he was producing “as-builts” it became apparent that the road construction area, the shoulder, and the road drainage ditch was inside the lot. He added that he would like to move the lot line over so that the entire road construction is in the road ROW. He noted that the lot would lose a small amount of dimension and frontage. However, it maintains 696.76-feet of road frontage and a total lot size of 3.08 acres.
Mr. Scott indicated that there are no wetlands in the area and the terrain is flat.
Mr. Wright asked why the “as-built” placed the location of the area to the left instead of staying in the center of the ROW. Mr. Scott said the presence of ledge dictated the placement. Also, Mr. Scott referred to Paragraph 4.6.2 of the Newbury Land Subdivision Control Regulations which discusses making minor changes due to subsurface conditions encountered during construction.
Mr. Scott asked if the proposed Item #1 could go to a Preliminary and Final review at the same time. Mr. Healey said yes.
Item #2 Mr. Scott reviewed the proposed boundary line adjustments of three lots – 49, 50, and 51. (Tax Map/Lot #s 042-643-438, 041-615-010, and 041-623-034 respectively) He noted that the existing pins on the road will remain the same – the total area of the three lots added together will remain unchanged. He added that all three lots will remain 5-acres or larger, and the road frontage for all three lots will be unchanged.
Mr. Geddes asked if the proposed changes were to protect the view. Mr. Scott said it is to provide options for home buyers regarding the view.
Mr. Weiler suggested that Mr. Scott be mindful of Paragraph 10.5 Lot Layout of the Newbury Land Subdivision Control Regulations.
Mr. Healey indicated that Mr. Scott would be able to go to a Final application with Item #2.
Item #3 Mr. Scott reviewed the plans for annexing 3-acres from a 25-acre parcel onto Lot 51. He reviewed the density worksheets.
Mr. McWilliams asked about the building envelopes for the three lots. Mr. Scott noted that there are building envelopes of 1.3 acres, 1.9 acres, and 1 acre for the three proposed lots.
Mr. Scott asked if the officers of the Lot Owners Association (for the common land) could be listed as an abutter. Mr. Healey referred Mr. Scott to Paragraph 2.1 Abutter definition of the Newbury Land Subdivision Control Regulations.
Mr. Healey indicated that Item #3 could go to a Final application. He added that this is a minor sub-division application.
Case 2018-004 Conceptual Site Plan Review- The Fells (Owner) George Pellettieri & David Bashaw (Agents) – 456 Route 103A, Newbury, NH, Tax Map 018- 232-347-Lower Parking, Pavilion and Nursery re-location.
David Bashaw, The Fells, and Kyle Cummings, Pellettieri Associates Inc., described the proposed project to the Board.
Mr. Bashaw stated that that the project involves the lower are of the property close to the Main House. Proposed plans are to relocate the nursery, construct a permanent pavilion to replace the temporary tents used for events, and to construct a parking lot.
He noted that the proposed plans do not impact any wetlands and are not close to the lake shoreline or any brook or stream. He said the project requires an Alteration of Terrain permit. He added that the proposed plans have been shared with the Division of Historic Resources, the Newbury Code Enforcement Officer, and the Newbury Fire Chief.
Mr. Cummings presented to the Board the site plan and pointed out the various components of the project.
Mr. Wright questioned the purpose of the Pavilion. Mr. Bashaw said it was to eliminate the need to erect a temporary tent on the Rose Garden terrace for events such as weddings, musical programs, and educational lectures. He said the pavilion would be timber framed and open-sided on three sides. It would contain a kitchen, bathrooms and not include a stage. Measurements are 130-feet by 40-feet, or 5200 square feet.
Mr. Cummings said the proposed parking lot would be gravel, to better fit in with the existing woods. There would be 51 parking spaces. An access road to the lot is also planned. He added that the nursery would be relocated to this area, along with a potting shed and a storage shed.
A leach field is planned and a septic system to service the proposed four bathrooms – two for female patrons and two for male patrons.
Mr. Healey asked if the 1-acre site for the project extends to the lot line. Mr. Bashaw said no, not to the lot line.
Mr. Beaton stated that he would like to have wetland mapping for this project and further questioned the impact this project has on the wetlands for the entire property. Discussion followed.
Mr. Smith referred to the ZBA final minutes of January 9, 2017, which included the Special Exception application by The Fells. The Fells’ agent, Richard Uchida, Partner, Hinckley Allen law offices in Concord, NH, stated that “…if the Special Exception was granted, The Fells had no intention to build anything. Rather, the organization’s mission is to steward the land [and] the historic buildings on the property.”
Mr. Bashaw disputed the accuracy of the that statement, even though it was pointed out that Mr. Uchida’s statement was taken directly from the meeting recording.
Mr. Wright stated that it was The Fells’ right to do whatever they want on the property. He added that he thought the proposed plans as presented was a good concept.
Mr. Healey suggested that The Board make a site visit. The Board agreed.
Mr. Bashaw stated that he would like to return to the Board on April 3, 2018 with a final application for this project.
Mr. Healey scheduled a site visit on April 2, 2018 at 4:00 p.m.
Case 2016-010 Conceptual Lot-Line Adjustment- Mary Thayer (Owner) 16 Pine St., Newbury, NH, Tax Map 16A-249-427 and Walter E. Goddard II Trust (Owner) 49 Blodgett Landing Rd., Newbury, NH Tax Map 16A-233-395.
Mr. Healey reviewed the February 16, 2017 Notice of Decision by the Planning Board for final conditional approval of the above Lot-Line Adjustment. He cited the condition precedent that within 30 days after the date of the Planning Board conditional approval, the applicant shall deliver the Lot Line Adjustment plat and signed deeds to the Land Use Coordinator ready to be recorded. Mr. Healey stated that the deeds have not been received and asked Ms. Thayer to meet with the Board regarding same.
Ms. Thayer said the mortgage on her house is with Chase Bank and the bank turned over the mortgage to an investor. Ms. Thayer’s lawyer advised her that the new deeds are in the process of being drawn up and that she expects it will be done within a month.
Following discussion, there was Board consensus to delay any action for a while.
Case 2018-005 Conceptual Site Plan Review- Diego & Susan Solimine (Owners) John Greenwood (Agent) - 50 Route 103, Newbury, NH Tax Map 051-438- 457 & Route 103, Newbury, NH, Tax Map 051-438-100-Multi-family dwellings.
Mr. Greenwood described the proposed plan as involving two lots which the owners want to combine into one large lot of 10.78 acres. Plans call for a sub-division of detached and semi-detached residential units using existing logging roads. Mr. greenwood indicated that the plans call for closer units in a cluster-type of layout.
Discussion included the grade, use of the logging roads, remediation for water, the presence of ledge and the amount of steep slope on the property.
Mr. Wright noted that Mr. Greenwood must determine the degree of steep slope. Mr. McWilliams noted that the plans must show steep slope mapping. Also, Mr. Greenwood was advised to review Article 9 Standards for Proposed Developments of the Newbury Site Plan Review Regulations.
Further discussion included the density of the lots, the depth of the lots (700 to 800 feet), and the plans for making the development a “green” development.
Mr. Greenwood indicated that plans call for 10 units, each with two bedrooms, and built in a condo style. He added that some units will be attached and some will be detached.
Mr. Weiler noted that the property should be surveyed. Mr. Wright stated that if plans call for a full cellar, ledge may present a problem.
There was further discussion regarding stormwater runoff into the existing ravine.
Mr. Healey suggested that Mr. Greenwood return to the Planning Board with an engineering plan, noting that the two lots present some serious challenges. An engineering plan is needed, he added, so the Board can consider the actual existing conditions and the feasibility of the proposed plan.
Discussion continued regarding the definition of cluster developments and density definitions.
There being no further business, Mr. Healey called for a motion to adjourn.
Mr. Beaton made a motion to adjourn. Mr. Smith seconded the motion. All in favor.
Meeting adjourned at 9:50 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary