Planning Board Minutes

Planning Board

November 19, 2019

Approved on December 17, 2019

Members Present:  Bruce Healey, Chair; Howard Maurer, ViceChair; Michael Beaton, Bill Weiler, Richard Wright, Members; Deane Geddes, Alternate; Russell Smith, Ex-officio; and Ken McWilliams, Consultant.

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

Mr. Healey made Deane Geddes a full voting member in place of Regina Cockerill.

Minutes:

The Board reviewed the minutes of October 15, 2019.  Corrections were made.

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

7:15 p.m. – Case 2019-013 – Conceptual Site Plan Review – Patrick Clapp (agent) – for JPC Investments, LLC (owner), for property located at 1066 Route 103, Newbury, NH, Tax Map # 019-384-537. Lake Station Realty Building to convert to a small office and one bedroom apartment. 

Mr. Clapp approached the Board. Mr. Healey read the definition of a conceptual hearing to Mr. Clapp. Mr. Clapp explained that the building has been used as an office for the last 30 years. He recently has purchased the building and would like to add a one bedroom apartment.  He explained that the property is commercially zoned and that he would be staying within the footprint. He intends to build one new interior wall with the addition of a kitchen and ½ bathroom. He said parking is ample. He then handed out a layout of what he has in mind.

Mr. McWilliams asked if the entire building is currently an office. Mr. Clapp answered yes. He stated that it was a vacation rental company and he plans to resume that business. He explained that the bedroom and ½ bath will be upstairs. 

Mr. Healey said at some point there would need to be a building permit and he has already asked the Code Enforcement Officer if it meets the minimum square footage requirement for an apartment and office space. The Code Enforcement Officer said there was enough square footage. 

There was some discussion on how this property would be classified. Mr. McWilliams said that it would be classified as a mixed use property. Mr. McWilliams explained that a mixed use property is one that has two different uses going on at the same time, and that neither one would be the primary use. 

Mr. Healey said he will need to submit a site plan review and application. Once this is complete, he can come back to the Board. Mr. Healey explained that it needs to be turned in 21 days prior to the next meeting for it to be included on the agenda.

Mr. Clapp thanked the Board for their time.

7:30 p.m. – Case 2019-014 – Final Site Plan Review – Pamela Hansen (agent) for New England Healing Sports Association, for property located on Route 103, Newbury, NH. Tax Map #013-386-092-000A – Significant changes to the building exterior architectural design have been made to a Site Plan approved in August 2015 and June 2017 for a building expansion of the NEHSA lodge at Mount Sunapee Resort.

Mr. Healey read the notice and checked the application for completeness and determined it was complete. Mr. Smith made a motion to accept the application. Mr. Weiler seconded. All were in favor. 

Mr. Healey opened the hearing for the site plan review. Ms. Hansen joined the Board at the table.

Ms. Hansen explained the history of the building. She explained that NEHSA originally came before the Board in 2015. CLD Engineers presented the case and the site plan review and drawings were approved. It was for a pre-fabricated building from LaValley’s. 

NEHSA then decided to not go with the pre-fab building and wanted to build one from scratch. The footprint of the addition never changed in size from the original plans. The appearance of the building design changed. 

There were some changes made to the handrails and the walkway and these revisions were included in a site plan review in 2017. There was nothing building related in this amended site plan.

She said that tonight the Board was reviewing the change of the building. She explained that the building is now built and complete. All site work was done in 2018.

Mr. McWilliams asked about some of the letters that were submitted to the Board. He asked if they were in regard to the drawings she created for the new building. Ms. Hansen replied yes. Mr. McWilliams asked if DRED approved what they had done, and Ms. Hansen was unsure. 

Mr. Maurer asked her if everything is up to code and she said “yes, to the best of my knowledge.”

Mr. McWilliams said the changes they made gave them a safer building, and it was too bad it did not get proper approval first. 

Mr. Healey said the Conservation Commission found some faults to the location, and the Code Enforcement Officer agreed with the Commission. They have concerns with the drainage and runoff from the building. They said they would like to see a storm water management plan.

Mr. Healey opened the hearing to public comment.

Mr. McWilliams said that an Alteration of Terrain is required and should have been part of the original site plan review. He said if they submitted this to DES, then the Planning Board has a right to enforce the plans. Mr. McWilliams said they need to show they are in compliance. 

Kendall Vach, Board of Directors of NESHA said the erosion control plans were all in the site plan review. He explained that NESHA leases the property so Vail should be responsible for the erosion control. 

Katheryn Holmes of the Conservation Commission said she has looked at the property and she feels NESHA can add some plantings around the building to save the top soil from eroding. She feels this needs to be addressed.

Mr. Healey closed the public comment.

Mr. Weiler said there has been no representation from the state. Ms. Hansen will request a letter from the state.

Mr. Wright made a motion to approve the site plan with the condition that a letter will be submitted within the next 90 days authorizing Pamela as an agent.  Mr. Smith seconded the motion. All were in favor. 

7:45 p.m. – Case 2019-012 – Final Site Plan Review – Sarah Christie (agent), for Allen Revocable Trust (owner), for property located at 885 Route 103, Newbury, NH. Tax Map 020-041-134 – Office – General Practice Law Firm.

Mr. Healey read the public notice and checked the application for completeness. Mr. Healey found the application complete. Mr. Smith made a motion to accept the application. Mr. Wright seconded. All were in favor.

Mr. Healey invited Ms. Christie to the table with the Board. Ms. Christie explained that she would like to change the building from a residential property to have a law office. She explained the only thing she is changing is adding a double door. She said there will not be a lot of traffic because there will only be two people in the office most of the time. 

Mr. McWilliams asked if that means there will only be one full-time employee other than herself and she replied yes. 

Mr. Maurer asked if there would be any physical changes to the building and she said no.

Mr. Healey asked if she had applied for a sign permit. Ms. Christie said she had, it has been approved and two granite posts are already in. 

Mr. McWilliams asked what is happening in the garage. Ms. Christie said the landlord will continue using it for storage. 

Mr. Healey opened to public comment. There being none, Mr. Healey closed public comment. 

Mr. Healey closed the hearing.

Mr. Wright made a motion to approve the site plan. Mr. Smith seconded. All were in favor.

Other Business:

Conservation Commission – Proposed amendment to Zoning Ordinance – Shoreland Overlay District.

Ms. Katheryn Holmes approached the Board to discuss some changes they would like to make to the wording in the Zoning Ordinance. She would like to replace the wording in Paragraph 7.7.3 with: “A Newbury Tree Cutting Application is required in the 250 – foot protected Shoreland for.” Also she would like to remove the words “is permitted” from 7.7.3.1 to read as follows: “Selective trimming, pruning, and thinning of branches when necessary to protect structures, maintain clearances, and provide views. The existing second and third sentences of 7.7.3.1 will remain the same. 

Discussion ensued. The Board did not support the recommendation to change the wording to the Zoning Ordinance.

Zoning Ordinance Amendments – Mr. Healey distributed the proposed amendments to the Zoning Ordinance. Mr. Healey will set a public hearing for the three amendments for December 17, 2019. This was acceptable to the Board.

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

The meeting adjourned at 9:23 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary

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