Planning Board Minutes

Planning Board

July 16, 2019

Approved – September 17, 2019

Members Present:  Bruce Healey, Chair; Michael Beaton, Regina Cockerill, Howard Maurer, William Weiler, Richard Wright, Members; Deane Geddes, Alternate; Russell Smith, Ex-officio Member.

Mr. Healey called the meeting to order at 7:00 p.m.

Minutes:

The Board reviewed the minutes of June 18, 2019.  Corrections were made.

Mr. Weiler made a motion to accept the minutes as corrected.  Mr. Wright seconded the motion.  All in favor.

Mr. Healey said there were two Conceptual Consultations for tonight, one was added at the last minute, so it does not appear on the agenda.

Case 2019-006 Conceptual Site Plan Review – Adventure Lifestyle, LLC – 2 West Province Rd. Newbury, NH Tax Map 007-419-072 – Operation of a bed & breakfast and therapeutic spa.

Rudi & Jennifer Franklin, owners of Adventure Lifestyle, LLC.

Mr. Healey said that Mr. Franklin met with the Planning Board in December 2016 for a Conceptual Consultation and at that time provided the Planning Board with plans. Mr. Healey wrote a letter to Mr. Franklin after the Conceptual Consultation outlining the Planning Board’s advice. Mr. Healey referred to the letter and asked Mr. Franklin if the business plan has changed. Mr. Franklin said no, it is still a health spa and B & B. Mr. Healey continued that the Planning Board had advised that a special exception and a variance from the ZBA was needed and both were granted from the ZBA in October 2017.

Mrs. Franklin said they were wondering why they were meeting with the Planning Board. Mr. Healey explained the final step after the special exception and variance, under local regulations, was a Site Plan Review with the Planning Board, and asked if the Franklins had reviewed that requirement. Mr. Franklin asked if someone had to review it with them. Mr. Healey explained that they had to go through Site Plan Review with the Planning Board which is a formal process when establishing a business in Town. Mrs. Franklin asked if what she went through approximately 15 years ago doesn’t stand. Mr. Healey asked what Mrs. Franklin went through. Mrs. Franklin said she asked permission from the Planning Board for a B & B and health spa, which was granted. Mr. Healey asked Mrs. Franklin if she had records of that. Mrs. Franklin said she thought the Town did. Discussion followed.

Mr. Weiler asked if the building was the same now as it was then. Mrs. Franklin said no, it is larger now. Mr. Weiler questioned if Site Plan Review was needed from the standpoint of the change in size. Mrs. Franklin said the footprint has not changed. Mr. Franklin said they could not exceed the footprint when they built. Mr. Weiler asked if the Site Plan Review application from 15 years ago showed the plans for the new building. Mr. & Mrs. Franklin said yes. Mr. Weiler said we would have to dig into the files and see what was there. Mrs. Franklins said that they are at a loss and were about to open. Mr. Healey said they shouldn’t be at a loss because Mr. Franklin met with the Planning Board and the letter sent after the Conceptual Consultation outlined the Board’s advice. Mr. Healey continued this is the first time that this Board is hearing about what happened 15 years ago. Discussion followed. Mr. Weiler asked if the same name was used in the previous Site Plan Review. Mrs. Franklin said no, it would have been under her name Jennifer Franklin Prescott. Discussion followed. Mr. Smith asked if they had expanded the deck. Mr. & Mrs. Franklin said yes, they did. Mr. Healey asked Ms. Favreau about finding the file. Ms. Favreau said she would look. Mr. Smith asked if the file is found what happens then. Mr. Healey said he assumes that he would send them a letter. Mr. Smith asked worst case scenario if we cannot find the file, would they have to go through the whole process again. Discussion followed.

Case 2019-007 Conceptual Site Plan Review – CBI Properties, LLC – 1423 Route 103 Newbury, NH Tax Map 007-425-106 – Discussion of available options for property.

Nicole McVeigh, owner of CBI Properties, LLC

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.    

Mr. Healey asked Ms. McVeigh what the plans are for the property. Ms. McVeigh said that they have started demoing and wanted to come to the Board and get an idea of what the community may want. Mr. Healey asked if this was a commercial enterprise. Ms. McVeigh said it is zoned commercial and there are 9 bedrooms upstairs, she is not sure of the prior use. Mr. Healey said that it is in the Commercial District. Mr. Healey continued that there are some things that Ms. McVeigh needs to pay attention to the first being that the property is in the Shoreland Overlay District, a very restrictive District, the property is also within the 150-foot Natural Woodland Buffer which is even more restrictive than the Shoreland Overlay District. Mr. Healey said in the Commercial District there are permitted and not permitted uses and asked Ms. McVeigh if she is envisioning a permitted use. Ms. McVeigh said they are still trying to figure out exactly what they will put there. Ms. McVeigh said they have a few ideas but wanted to see what the community wanted to see go in, what the needs are, what the Planning Board wants to see. Mr. Weiler said they had it backward, that the Planning Board does not decide ahead. Mr. Weiler continued the applicant decides what they want and then comes to the Planning Board to see if it fits the regulations. Discussion followed.

Ms. McVeigh said that one of their ideas was to have commercial downstairs and possible condos or something upstairs. Mr. Weiler asked if they would rebuild in the footprint. Ms. McVeigh said they are not tearing down the house, they are doing interior demo only. Discussion followed.

Mr. Healey said that the Floodplain Overlay District would apply to this lot, that it is a non-conforming building and Stormwater Management would apply to that building.

Mr. Weiler said the Town does not do condos and definitely not within a building. Mr. Weiler asked Ms. McVeigh if she was actually thinking about selling suites in the building. Ms. McVeigh said no, it would be most likely short-term rentals. Mr. Weiler said that was not condos, you could say you have apartments or something like that. Mr. Weiler said then basically you would have apartments and a business downstairs. Ms. McVeigh said yes. Mr. Weiler said that would be okay.

Mr. Beaton asked if that site was really tight for parking. Mr. Smith asked how many apartments they were thinking of having. Ms. McVeigh said 2-4 depending how small they were. Mr. Smith asked if they were looking for seasonal renters or workforce. Ms. McVeigh said either, they were really open to needs. Discussion followed.

Mr. Healey asked Mr. Weiler how apartments are regulated. Mr. Beaton asked if we have a minimum size for apartments. Mr. Smith said that was for accessory apartments. Mr. Weiler asked if there are any State regulations on apartment sizes in multi apartment buildings. Mr. Weiler continued that may be covered under Building Regs.

Mr. Healey asked if the commercial on the first floor would be office space. Ms. McVeigh said that office space is a potential option or depending on who would want to rent the space.

Mr. Geddes said that he wanted Ms. McVeigh to leave with the idea that it is his belief that the Board is very friendly to businesses in Town, so if you have a good idea, we would love to talk to you. Mr. Geddes suggested that Ms. McVeigh take a look at what’s around the location and see how you could fit and join with the other commercial successes that are in that area. There is a wonderful opportunity with high visibility, zoned commercially, the traffic slows down to go around the circle, multi routes right there.

Mr. Healey told Ms. McVeigh that when a decision is made as to what will happen with the building, they will need to go through a full Site Plan Review with the Planning Board and have answers for the questions. Discussion followed. Mr. Healey encouraged Ms. McVeigh to talk to LSPA and Conservation Commission.

Other Business:

Case 2019-002 & 2019-003-Bell, Scott, MacNaughton Extension Request – Mr. Healey handed out to the Board a copy of the request for extension from Robert Scott (attached to these minutes). Mr. Healey said that back in March, the Board approved a lot line adjustment and an annexation on Meadow Rd. with conditions precedent of setting pins and plat submitted within 120 days. Mr. Healey continued that he received an email from Mr. Scott indicating a reasonable reason for not being able to complete the work as required within the 120 days and asking for a 90-day extension. Mr. Weiler made a motion to grant the 90-day extension.  Mr. Smith seconded the motion.  All in favor. Mr. Healey will send Mr. Scott a letter with Board’s decision.

356 Chalk Pond Rd.-Jallah, Danielle-Family-Based Daycare – Ms. Favreau said that she had received a call from Ms. Jallah who is currently going through the process of becoming a licensed home daycare through the State of New Hampshire. Ms. Favreau continued that part of that process was a zoning certification on the local level to ensure compliance with municipal ordinances. Ms. Favreau said she has come to the Board for advice. Mr. Healey clarified that Ms. Favreau was asking the Board whether it was an approved use. Mr. Smith said that this was in Chalk Pond and asked if the Association has their own rules and regulations on this. Ms. Favreau said that Ms. Jallah is working with the Chalk Pond Association as well. Mr. Weiler asked if this would be entirely within her home. Ms. Favreau said yes it would. Discussion followed.

Mr. Healey read the definition of Home Occupation: An accessory use of a dwelling unit or an associated accessory building for an occupation which results in a product or service. It is an occupation which is carried on by a resident or residents who occupy the dwelling unit, and which is clearly subordinate to the residential use of the dwelling unit. Any Home Occupation must comply with the following parameters: There are no non-occupant employees on the premises; There are no signs advertising the occupation; All equipment or materials associated with the occupation is enclosed in a building or screened from view; and There is no customer/client traffic. Mr. Healey said he thinks it fails for a Home Occupation on the basis of there is no customer/client traffic and the daycare requires customer/client traffic. The Board agreed. Discussion followed. Mr. Weiler read the definition of Cottage Industry: An accessory use of a dwelling unit or an associated accessory building for an occupation or business activity which results in a product or service. It is an occupation which is carried on by a resident or residents who occupy the dwelling unit and may include no more than two non-occupant employees on the premises. By way of example, occupations such as hairdresser, lawyers and contractor’s yards may be permitted provided they are clearly subordinate to the residential use of the dwelling unit.

Ms. Cockerill asked what the difference was between Home Occupation and Cottage Industry. Mr. Healey said that Home Occupations did not need the Board’s approval. Mr. Healey said that Home Occupation did not apply because of the customer/client traffic and now the Board was looking to see if it was a Cottage Industry. Discussion followed. The Board’s advice was to have Ms. Jallah submit a Conceptual Site Plan Review application to the Planning Board so that the Board could refer her to the ZBA for a Special Exception and then a Site Plan Review with the Planning Board for Cottage Industry.

Selling boats at 4 Route 103A – Mr. Healey pointed out the boats across the way at Nordic Skater. Mr. Healey continued that Ben Prime has been before the Board in the past about the use of the building and has notified Ms. Favreau of his intention to begin selling motorboats. Mr. Healey said Mr. Prime looks at this as just another retail product that they offer so the question is does the Planning Board look at this as a change and should Mr. Prime come talk to the Board about this and does the Board have authority for this. Mr. Smith questioned if the parking is impacted. Discussion followed. Mr. Weiler said he doesn’t see this as being a change of use. Mr. Geddes said he thought this was a mail-order business so parking was not an issue but will there be more traffic now. Mr. Weiler asked how many parking spaces are needed to sell boats. Discussion followed. Mr. Healey said the Mr. Prime, as part of his State application to be a boat dealership, is asking the Planning Board to write a letter stating that he is a retail shop that sells boats. Discussion followed. The Planning Board would like to meet with Mr. Prime before they can decide if a letter can be written. Mr. Weiler suggested that the Board seek Town Counsel’s advice. Discussion followed. Mr. Healey will talk with Town Counsel.

Shoreland Restoration - Mr. Beaton asked if there was an Ordinance requiring a permit when cutting over 1000 feet elevation. Mr. Weiler said that is not in Newbury’s Ordinance. Mr. Weiler continued that the Town declared certain areas to be Skyline and there are special ordinances there that limit the amount of cutting. Mr. Beaton said he was thinking that the Shoreland Restoration Proposal should be expanded to include all areas that people cut illegally. Discussion followed.

Mr. Smith made a motion to adjourn.  Mr. Beaton seconded the motion.  All in favor.

The meeting adjourned at 8:27 p.m.

Respectfully submitted,

Tiffany A. Favreau

Recording Secretary