Planning Board Minutes

Meeting date: 
Tuesday, December 17, 2019

Planning Board

December 17, 2019

Approved January 21, 2020

 

Members Present:  Bruce Healey, Chair; Howard Maurer, Vice Chair; Michael Beaton, Regina Cockerill, Members; Russell Smith, Ex-officio; and Ken McWilliams, Consultant.

 

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

 

7:00 p.m. – Public Hearing – Proposed Amendments to the Newbury Zoning Ordinance and Newbury Building Regulations -  Mr. Healey asked if anyone was present for public input for the Public Hearing for Proposed Amendments to the Newbury Zoning Ordinance and Newbury Building Regulations. No public was present. The Chair suspended the public hearing for 30 minutes to give the public the opportunity to show.

 

Mr. Healey reminded the Board members they need to sign the Site Plan – Case 2019-014 for NEHSA and the Site Plan – Case 2019-012/Christie for Allen Revocable Trust before they leave the meeting.

 

Minutes:

 

The Board reviewed the minutes of November 19, 2019.  Corrections were made.

 

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

 

Mr. Healey reported that he was at a Board of Selectmen meeting about a month ago to present the Planning Board budget. During public input, a gentleman spoke and accused the Planning Board of approving an application in 2015 in the cottage industry. His parents are abutters to this property and said they were never notified of this meeting. The Board of Selectmen asked Mr. Healey to document the process and send a written document to the Board of Selectmen.

 

Mr. Healey stated that the property in question was Randy’s Appliance Repair. He said that Randy had ran the business for 11 years and the code enforcement officer said that he needed to do a conceptual and the Planning Board deemed he needed a special exception and a full site review. Mr. Healey found proof that the abutters were in fact notified and received certified letters in both circumstances. Mr. Healey also found that Randy’s Appliance followed the correct procedures. Mr. Smith said they believe that it is more a civil matter at this point. 

 

Mr. Healey reported that the filing period for elections is Wednesday, January 22 through Friday, January 31. He said that the two members that are up for re-election are Howard Maurer and Regina Cockerill. Mr. Maurer said that he will not be seeking re-election so he can spend time with his daughter and grandchild in Florida. Ms. Cockerill said she needs more time to think about it. 

 

Mr. Healey said he also received a letter from Bill Weiler stating that he is resigning from the Board as of December 11. Mr. Healey read the letter.

 

 

7:15 p.m. – Case 2019-013 – Final 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 checked the application for completeness. Finding the application complete, Mr. Healey asked for a motion to accept the application. Mr. Smith made a motion to accept the application. Mr. Maurer seconded. All were in favor.

 

Mr. Healey opened the hearing and asked Mr. Clapp to review what his project entails. Mr. Clapp explained that they hope to add one interior wall, a kitchen and a ½ bathroom. He will designate two parking spots for the apartment and seven for the rental company. He said there is a private well and sewer.

 

Mr. McWilliams asked if the residents of the apartment will be charged for water and sewer. Mr. Clapp answered that the cost will be included in their rent. 

 

Mr. Healey said that Mr. Clapp is asking for a waiver. Mr. Healey said that Mr. Clapp created his own map rather than using a certified engineer. Mr. McWilliams thinks this is fine since there are only interior changes.

 

Mr. Smith asked if the septic can handle the tenants. Mr. Clapp said that the old real estate office used to have up to six employees, so he thinks it should be fine.

 

Mr. Beaton made a motion to allow the waiver and accept the application as submitted. Mr. Smith seconded the motion. All were in favor. 

 

Mr. Healey opened up to public input. There being none, Mr. Healey closed the public hearing.

 

Mr. Maurer asked if the lots will be marked and Mr. Clapp said no because they will have more than ample parking.

 

Ms. Cockerill made a motion to accept the Site Plan Review as presented. Mr. Beaton seconded the motion. All were in favor.

 

Board members signed the four sets of plans.

 

7:30 p.m. – Case 2019-015 – Conceptual Site Plan Review – James Soule (agent), for Soaring Goose, LLC (owner) for property located at 104 Route 103, Newbury, NH. Tax Map #050-531-080 – Palace Pizza to add a bar in the former Rolling Pin space.

 

Mr. Healey asked Mr. Soule to join the Board. Mr. Healey read the definition of what a conceptual hearing is. 

 

Mr. Soule explained they have been in business for 7 years and he proposed to the owners that he would like to add a bar and expand the business. He said his hours might increase a bit in the summer to stay open as late as 11:00 p.m., but the rest of the year he plans to close at 10:00 p.m.

 

Mr. Soule said that he already has a beer and wine license and that he is pre-approved for a full liquor license. He said it can be ready within 15 days. He said that he would like to add seating for an additional 16-20 people.

 

Mr. McWilliams asked what the last use of the Rolling Pin was and he said it was a retail store. The original site plan from 1997 was presented to the board. 

 

Mr. Beaton asked if it is all one address and he said yes. 

 

Mr. McWilliams explained that this was two separate businesses and now will be an expansion of use. He said there will need to be more parking available than when it was a restaurant and a retail store. Mr. Soule said there are four spots that can be added out back for employee parking. 

 

Mr. Beaton asked if this would be a minor site plan review. Mr. Healey said yes, and Mr. McWilliams agreed.

 

The Board recommended that Mr. Soule submit a Minor Site Plan Review Application and show ample parking and notify the abutters about the change. 

 

Mr. Healey explained that if he wants to be included in the January 21 hearing, he will need to have the completed application to the town office no later than December 30.

 

Mr. Soule thanked the Board for their time.

 

7:00 p.m. – Public Hearing – Proposed Amendments to the Newbury Zoning Ordinance and Newbury Building Regulations- Continued

 

Mr. Healey opened the public hearing. Mr. Healey read the Proposed Amendment No. 1 to the Newbury Zoning Ordinance: The Planning Board’s Amendment No. 1 to the Zoning Ordinance proposes to revoke the current ARTICLE 17 PERSONAL WIRELESS SERVICE FACILITIES in its entirety and to readopt the completely rewritten ARTICLE 17 PERSONAL WIRELESS SERVICE FACILITIES in its entirety. The amendment also includes new or amended definitions in ARTICLE 2 DEFINITIONS related to Personal Wireless Services Facilities.

 

Mr. Healey read the Proposed Amendment No. 2 to the Newbury Zoning Ordinance: The Planning Board’s Amendment No. 2 to the Zoning Ordinance proposes to amend existing definitions in ARTICLE 2 DEFINITIONS TO distinguish small wind energy system related definitions for Personal Wireless Service Facilities and to amend the definition of Use.

 

Mr. Healey read the Proposed Amendment No. 3 to the Newbury Zoning Ordinance: The Planning Board’s Amendment No. 3 to the Zoning Ordinance proposes to amend ARTICLE 7 SHORELAND OVERLAY DISTRICT to add a new SECTION 7.14 SHORELAND RESTORATION.

 

Mr. Healey read the Proposed Amendment No. 1 to the Newbury Building Regulations: The Planning Board’s Amendment No. 1 to the Newbury Building Regulations proposes to add a new ARTICLE 3, Section D. Collocation Applications and Modification Applications for Personal Wireless Service Facilities. 

 

Mr. McWilliams read the rational for the Proposed Amendment No. 1 to the Newbury Zoning Ordinance: The purpose of this amendment is to replace the current ARTICLE 17 PERSONAL WIRELESS SERVICE FACILITIES with a completely rewritten ARTICLE. The new ARTICLE incorporates the changes in federal directives and state laws pertaining to a new Personal Wireless Service Facility installation. 

 

Mr. McWilliams read the rational for the Proposed Amendment No. 2 to the Newbury Zoning Ordinance: The purpose of this amendment is to differentiate definitions related to small wind energy systems from definitions for Personal Wireless Service Facilities and to amend the definition of Use.

 

Mr. McWilliams read the rational for the Proposed Amendment No. 3 to the Newbury Zoning Ordinance: The purpose of this SHORELAND RESTORATION SECTION is to require restoration of shorelands after a property owner has violated the ordinance by failure to obtain a tree cutting permit and/or by removing more vegetation than allowed in the waterfront buffer and/or the natural woodland buffer.

 

Mr. McWilliams read the rational for the Proposed Amendment No. 1 to the Newbury Building Regulations: The purpose of this amendment is to incorporate the requirements for Collocation Applications and Modification Applications for Personal Wireless Services as required by amendments in the state laws.

 

Mr. Healey asked if there were any public comments. Michael Bedard from Woodbury Circle asked if there is anything that can be done to force wireless providers to do what they say they are going to do. He said that TDS ran fiber on Old Post Road and then did not patch the holes of service. Mr. Smith said TDS hasfilled in the holes.

 

Mr. Healey closed the public input and closed the public hearing.

 

Mr. Beaton made a motion to move Amendment No. 1 to ballot. Mr. Smith seconded. All were in favor. This amendment will be more restrictive.

 

Mr. Beaton made a motion to move Amendment No. 2 to ballot. Mr. Smith seconded. All were in favor. This amendment will not be more restrictive.

 

Mr. Beaton made a motion to move Amendment No. 3 to ballot. Mr. Smith seconded. All were in favor. This amendment will be more restrictive.

 

Mr. Beaton made a motion to move Amendment No. 1 (Newbury Building Regulations) to ballot. Mr. Smith seconded. All were in favor. This amendment will not be more restrictive.

 

 

Other Business:

 

Volunteerism Article – Mr. Healey said he will write an article in the January newsletter looking for candidates that might be interested in running for election for the Planning Board. He will also do some advertising for these positions.

 

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

 

The meeting adjourned at 8:28 p.m.

 

Respectfully submitted,

Donna S. Long

Recording Secretary

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