Planning Board Minutes
Planning Board
June 18, 2019
Approved July 16, 2019
Members Present: Bruce Healey, Chair; Michael Beaton, Regina Cockerill, Howard Maurer, Richard Wright, Members; Ken McWilliams, Advisor; Russell Smith, Ex-officio Member.
Mr. Healey called the meeting to order at 6:57 p.m.
Minutes:
The Board reviewed the minutes of May 21, 2019. Corrections were made.
Ms. Cockerill made a motion to accept the minutes as corrected. Mr. Maurer seconded the motion. All were in favor.
7:15 p.m. – Shoreland Restoration – Article 7.14 – Katheryn Holmes, Bob Stewart and Meg Whittemore of the Conservation Commission were present to discuss the Shoreland Section of the Newbury Zoning Ordinances. Mr. McWilliams distributed a new version of the document including his most recent edits.
Mr. McWilliams said the members of the Conservation Commission did a great job creating this document.
Mr. McWilliams made a few suggestions for changes to the prepared document.
The word “Paragraph” should be replaced with the word “Section” throughout the document.
Where the word ‘mat’ is defined should be moved from definitions to 7.14.5.2.5.
Under 7.14.6.1, adding “except as provided” in Section 7.14.6.1.
Under 7.14.7.1, adding the word ‘plan’.
Mr. McWilliams said he thinks this ordinance is ready to move forward. Mr. Healey proposed that the Planning Board take over ownership of this document and making it a Planning Board Proposed Zoning Ordinance Amendment.
Mr. Healey and Mr. McWilliams would like to bring this to public hearing on December 17. Mr. Healey suggested that if Conservation has any changes in the next few months, make those changes and present them to the Planning Board in October.
Ms. Cockerill asked what the Commission has planned for educational literature for the public. Ms. Whittemore said she has plans to create educational pieces for the town newsletter. There will be several articles to help the public understand what this amendment is all about. Mr. McWilliams asked if the communications to the public will include cross-referencing with the Lake Sunapee Protective Association (LSPA). Ms. Whittemore said she will be cross-referencing a lot.
It was agreed that the Conservation Commission will come back to the October Planning Board meeting.
Ms. Holmes asked Mr. Healey if the town counsel has taken a look at this document yet. Mr. Healey said as soon as the Board takes over the document, he will pass along to the town counsel for approval. Ms. Holmes said she would like to hear the town counsel’s feedback. Mr. Healey will pass along feedback to the Conservation Commission.
Other Business:
Personal Wireless Services Facilities –Mr. McWilliams gave an update on the minor updates made by the subcommittee. Mr. McWilliams stated that he received feedback on the document from Michael Courtney, from Upton & Hatfield, town counsel for Newbury. He also received feedback from Katherine Miller, from DTC Lawyers. He said that both individuals supported the approach and had very few critiques on what the subcommittee had put together. Mr. McWilliams said the major thing that was brought to his attention was that the federal government is in the process of considering new legislation that deals with the 5G technology and the use of public right-of-ways. This will also affect personal wireless services facilities and how the state of New Hampshire differentiates between a major vs. a minor modification, and the difference between a Planning Board review and getting a building permit. In this new federal legislation that has been proposed, it is stated in a more positive way. Mr. McWilliams said that he and Katherine Miller decided to move forward with what they have been working on with the possibility of some changes on the horizon. This is a technology that is ever-evolving and ever-changing.
Changes to be made:
Article 17.9.4.5 : An edit striking out the word ‘site plan’.
On page 11, there is a place where ‘Planning Board’ and ‘conditional use permit’ should be spelled out.
Under 17.11.2, town counsel recommended the word ‘acceptable’ be changed to ‘reasonable’.
On page 19, under ‘Insurance’, it should say, “The owner of the facility shall provide $5 million dollars in liability insurance.”
In the definitions, because of the new information regarding 5G technology, it was recommended by Katherine Miller to delete the last line on page 3 on the definition of ‘Mount’ that reads, “Antennas may not be bounded to utility poles.” She said it is better to remove this sentence.
Mr. McWilliams said he was pleased that there were so few edits to be made. Mr. Beaton suggested that on page 5, 17.2 should be replaced with 17.8. Mr. McWilliams said he will make that change.
Update:
Mr. Healey gave an update on the Hiltons. He explained that they received a variance from the Zoning Board of Adjustment (ZBA). He expects to see them back to the Planning Board either in July or August. He suggested the Board read the minutes from the ZBA meeting. Ms. Cockerill asked Mr. Healey if he could send the ZBA minutes to all of the Board members. Mr. Healey said he would send them along to everyone.
Mr. Smith made a motion to adjourn. Mr. Maurer seconded the motion. All in favor.
The meeting adjourned at 7:35 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary