Planning Board Minutes

Planning Board

January 21, 2020

Approved on February 18, 2020

Members Present:  Bruce Healey, Chair; Michael Beaton, Regina Cockerill, Members; Deane Geddes, Alternate; and Ken McWilliams, Consultant.

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

Mr. Healey appointed Mr. Geddes as a full voting member.

Minutes:

The Board reviewed the minutes of December 17, 2019.  Corrections were made.

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

Mr. Geddes stated that most of the Southview subdivision doesnot have internet service and said a committee has been created to work on this issue with TDS. He said it is a problem that these residents do not have access to internet service.

Mr. Healey gave an update on a past case. He reminded the Board that Danielle Jallah came in for a conceptual in the cottage industry for a day care at her residence. The Board approved this case. The state of N.H. informed Ms. Jallah earlier today that they denied her permit because the way the RSA is written is that the permit she is looking for states: it’s for a maximum of 6 preschool children AND 3 school aged children. Since the Planning board only permitted 6 preschool children (since that is all she asked for), the state denied the permit. The state is requiring that her approval be for what the RSA specifically states. 

Mr. McWilliams said since the hearing and the notice of the hearing involves abutters and it was originally discussed as the 6 preschool children, and she now needs to get approval for the additional 3, Mr. McWilliams suggested the Board go back, re-notice it and hold another hearing to discuss what she wants to do. Once the Board approves this at another hearing, the state can go ahead and approve her permit. 

Mr. Healey reminded the Board that they gave approval set on a condition precedent that she had to receive state approval within 90 days. She cannot do that. He had the landuse coordinator call the state to confirm that her 3 children do not count toward the count, and it was confirmed that her own children do not count. 

Mr. Beaton disagreed with bringing the applicant back in because he said this is a minor change and no abutters came in the last time.

Mr. McWilliams said the town is allowing her to continue the operation of her daycare, so he thinks it is important to go through the process again to get the proper approvals and no one can come back to appeal the decision. He said since it is not holding her up and not having a big impact, it make sense to go through the process. 

Mr. Geddes asked if she would need to be charged again. Mr. Healey said ‘yes’. Ms. Cockerill asked if we could waive the application fee. Mr. McWilliams thinks that would be reasonable. Mr. Healey said ‘yes’. 

Mr. Beaton asked if she had to get approval from all of the town departments again. Mr. Healey said that can be waived since it has already been done.

7:15 p.m. – Case 2019-015 – Final Minor 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 checked the application for completeness. Mr. Healey found the application to be complete. Ms. Cockerill made a motion to accept the application as complete. Mr. Geddes seconded the motion. All were in favor.

Mr. Healey called the hearing to order at 7:20 p.m. and invited Mr. Soule to the table. Mr. Healey asked Mr. Soule to present his application from the start. 

Mr. Soule said he wants to add a late night menu and a bar next to his pizza shop. There will be a slight change in hours with the bar closing at 10:00 p.m. in the winter, and 11:00 p.m. in the summer months. He is looking to seat 18 people in the bar area.The restaurant will also seat 18 patrons. 

The site plan showed 15 parking spots in the front of the restaurant and three spaces added in the back. Mr. Healey said this meets the regulations.

Mr. Geddes asked about night lighting. Mr. Soule said there is normal lighting in the front and two flood lights out back. 

Mr. McWilliams asked about the parking dimensions. He looked into parking setbacks from the road for parking areas. Mr. McWilliams said he does not want the public backing up in the public road from the upper lot. He thinks a sign should go up indicating that only employees should park in the back area.

Discussion ensued about the parking area. Two different maps were shown with slightly different parking options. 

Mr. Healey asked Mr. Soule if he could get the Board a copy of his upgraded liquor license as a condition of his approval. 

Mr. Soule should have his liquor license within 60 days. 

Mr. Beaton asked if he plans on paving the driveway. He said they should not since it is so close to the wetlands. 

Mr. McWilliams read the regulations about the wetlands area. He said they would need a conditional use permit if they are going to expand into the wetlands. The alternative would be to change the plan so they are not expanding into the wetlands. Mr. Beaton asked to look at the alternate parking map without the staging area. It was determined that the parking configuration in the second map would not require expanding into the wetlands.

Mr. Healey opened it up for public comment, there being none, Mr. Healey closed the public comment and closed the public hearing.

Mr. Healey made a motion to accept the application for minor site plan review with the following conditions set precedent by the Planning Board for final approval of this Application:

1. Palace Pizza will deliver to Newbury’s Land Use Coordinator a copy of the required NH State Liquor License to be filed with Case #2019-015 within 60 days of the approved date (January 21, 2020) of this application.

2. Palace Pizza will deliver to Newbury’s Land Use Coordinator within 30 days of the approval date of this application, 4 full-size copies of a revised Site Plan from the Plan delivered with the application, that shows 18 parking spaces as follows: a) 14 parking spaces in the front with no additional encroachment of the wetlands to the east of the building, and one of the 14 parking spaces designated as handicapped located in front and to the right of the pizza takeout entry. b) 4 parking spaces in the rear of the building. There will also be a sign posted at the rear entrance driveway indicating the use of this driveway is for employees and deliveries only.

Ms. Cockerill seconded the motion. All were in favor. 

Other Business:

Board Advisor - UVLSRPC – Mr. Healey introduced Steve Schneider. Mr. Schneider explained UVLSRPC currently provides consulting services for several local communities. He explained that there would be a certain number of hours that they would not be allowed to exceed.

Mr. Healey talked about their budget and thinks they should ask for 10 hours /month. They also would ask for Mr. Schneider’s assistance with the CIP.

Mr. McWilliams said he will be done with his Board duties on April 1, 2020.

Mr. Healey said Ms. Cockerill, Mr. Maurer and Mr. Weiler are all leaving the Board. Mr. Healey said he has done some outreach to find people to run for the Planning Board in the next election.

Mr. Healey said he would like to suggest not having a Planning Board meeting in March, but rather hold two meetings in April. It was decided that the Board will meet the first and third Tuesday in April, and will not meet in March. All were in favor.

Ms. Cockerill thanked everyone for their guidance and enjoyed her time on the Board.

Mr. McWilliams said he has watched the Board members struggle over major and minor site plan reviews and it has been difficult observing some of the behavior during the meetings. Mr. McWilliams offered to come to the next meeting for some criteria for the site plan review and situations they may not need a site plan review and use for future decisions. He would like to offer some guidance to the Board members. Mr. Healey said he does not like the fact that the Board members argue in front of the applicants. It was agreed that Mr. McWilliams will prepare some useful information at the next meeting pertaining to this topic.

Ms. Cockerill made a motion to adjourn.  Mr. Geddes secondedthe motion.  All in favor.

The meeting adjourned at 8:37 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary

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