Planning Board Minutes
Planning Board
February 18, 2020
Approved April 21, 2020
Members Present: Bruce Healey, Chair; Michael Beaton, Richard Wright, 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 January 21, 2020. Corrections were made.
Mr. Geddes made a motion to accept the minutes as corrected. Mr. Beaton seconded the motion. All were in favor.
7:00 p.m. – State of New Hampshire – Presentation of parking expansion plan at the State Beach. Bill Bryce and Seth Prescott were available to discuss the parking expansion project planned for Sunapee State Beach. He said the state wants the community to be aware of what will be taking place.
The State realizes it can use more boat trailer parking. This plan will add 10 sites close to the circle in the parking lot. There are currently 12 boat trailer parking spaces. They will be before the gatehouse, right after the entrance to Bay Point Road. These spots will be outside the wetlands and the wetlands buffer.
They would also like to make the boat launch more user friendly.
Mr. Bryce said they have put in an Intent to Cut for the project.
Mr. Healey asked about the depth of the boat ramp. Mr. Bryce explained that this is in the report. He wants to make it clear that this project is not a replacement for the Wildgoose site. It will not be able to handle large boats and trailers. He said the logistics is about the boats coming in and out, and if there is available funding, they will dredge.
Mr. Bryce insisted this will not impact beach goers.
Mr. Healey asked if they will these new spots will pay an access fee and Mr. Bryce said yes. There would be an access and boat fee for these patrons.
Mr. Beaton asked if the traffic flow will impact the area. Mr. Bryce said it will be cleared out and they will try it with a boat and trailer to make sure people will be able to navigate around the turn.
Mr. Healey asked if it is currently an issue that there are more boaters than we have spaces for, and Mr. Prescott said they are trying to meet peak demand on perfect beach days. Mr. Bryce explained that the Monadnock State Park went to a reserved space system and it works really well.
Mr. Wright asked who checks for milfoil. Ms. Fichter replied that LSPA current has lake hosts and will continue in the future.
Mr. McWilliams asked if there has been any thought to parking at the mountain and shuttling people down to the lake. Mr. Bryce said they have tried this in Franconia and they charge $5/person for the shuttle and it has lost over $50,000. He said if this is the only option, it might be something to look at if necessary.
Mr. Wolf asked what the estimated cost would be and Mr. Bryce and Mr. Prescott said they did not know the price but the state hopes to do it as inexpensively as possible.
Mr. Geddes asked if it would be paved and Mr. Bryce said not at this time.
Ms. Fichter said it is the second busiest boat launch on the lake followed by Sunapee Harbor. She thinks this is a good idea.
Ms. Marashio said it would be great if they could find the funding to dredge the launch as well.
7:15 p.m. – Case 2020-001 – Final Minor Site Plan Reviewfor Cottage Industry– Danielle Jallah (owner), for property located at 356 Chalk Pond Road., Newbury, NH, Tax/Map #039-637-409 – Operation of a Family Child Care Home with a maximum of 6 (six) preschool children and 3 (three) school age children.
Mr. Healey read the public notice.
Mr. Healey checked the application for completeness. Mr. Healey found the application to be complete. Mr. Wright made a motion to accept the application as complete. All were in favor.
Mr. Healey asked Ms. Jallah to explain why she was back at the Planning Board. She explained that the Family Child Care Home states that it should be worded “6 preschool children AND 3 school age children.” She said for the state to approve, the Planning Board will need to change the wording of the approval.
Mr. Healey opened the hearing to the public. There being none, Mr. Healey closed the public input and closed the public hearing.
Mr. Healey gave Ms. Jallah a draft of the correctly worded approval. Ms. Jallah said that would be the correct wording the state would need.
Mr. Healey said she will need to give the Planning Board her new permit once she receives it from the state. The Planning Board will give her six months to get the permit back to them. If she feels there will be a delay, she can ask for an extension. He emphasized that the approval from the Planning Board will not be complete until the town receives the permit from the state.
Mr. Wright made a motion to approve the application with conditions set precedent by the Planning Board:
The applicant will deliver to Newbury’s Land Use Coordinator within six (6) months of February 18, 2020, a copy of the approved NH State Department of Health and Human Services Application for Family Child Care for a Maximum six (6) Preschool Children and three (3) School Age Children
Mr. Beaton seconded. All were in favor.
7:30 p.m. – Case 2019-010 – Final Minor Site Plan Review – Ben Prime (agent), Cilley Tavern Realty, LLC (owner), for property located at 4 Route 103A, Newbury, NH, Tax/Map #020-156-327 – Expansion of approved retail sales for the sale of the trailered power boats with outside storage.
Mr. Healey checked the application for completeness. He explained there were two requests for waivers. They were as follows:
Waiver #1 – According to section 7.7 in the Planning Board’s Regulations for Site Plan Review, it is stated that the Site Plan map should be prepared by a NH Licensed Land Surveyor and/or licensed professional engineer. I am requesting that this stipulation be waived as I have prepared the plans on behalf of Cilley Tavern Realty, LLC at address 4 Route 103A and I am not a licensed NH Land Surveyor nor a professional engineer.
Waiver #2 – The Planning Board’s Regulations for Site Plan Review states that property boundaries must be obtained from Deed documents, however, the deed documents show insufficient data to decipher accurate property boundaries. I am requesting that I can use the data within Newbury’s online Assessing Database to gather this information.
Mr. Healey said he thinks these are reasonable requests. Mr. Geddes agreed. Mr. Healey made a motion to accept these two proposed waivers. Mr. Wright seconded. All were in favor.
Mr. Wright made a motion to accept the application as complete. Mr. Beaton seconded. All were in favor.
Mr. Healey read a letter from an abutter. The letter that was read is as follows:
To: Planning Board – Newbury, NH
RE: Cilley Tavern Realty, Final Site Plan Review
I own the parcel of land, 20A-173-200, abutting the CilleyTavern Realty property on the west. I have looked over the materials on file for the proposal, and have no objection about the proposed retail sales expansion except for concern over my own liability as a land owner and any restrictive effect on my use of my parcel.
This may be a far-fetched concern, but one of the proposed boat locations is quite close to the property line, and I don’t want to be liable for any accidents or injuries occurring on my property; while someone is looking at a boat displayed there, for example.
Also, my property has been test-pitted and has potential for constructing a conventional septic tank/leach field or mechanized system such as the Clean Solution, and I want to preserve that capability.
Otherwise, I support Cilley Taverns proposal and welcome their interest in Newbury.
Sincerely,
William P. Annable
Mr. McWilliam said he thinks there is enough room between the boat and the end of the property that no one would be on Mr. Annable’s land.
Mr. Wright asked if they still have storage trailers on the lot, and Mr. Prime said yes. Mr. Prime said the storage containers will eventually be gone.
Mr. Healey passed out to the Board and applicant, Ben Prime, a drawing of the footprint with dimensions of the Cilley Tavern building. Mr. Healey explained the drawing had been done by Will Tuthill for a meeting held with the Planning Board in 2017 when Will first introduced Nordic Skaters and Ben Prime to the Board. Mr. Healey stated he wanted to add this drawing and information to the record. Mr. Healey stated he believe the footprint dimensions were quite accurate although Mr. Prime stated he could not verify the measurements shown. In general it was agreed the building has 2 floors. The top floor has approximately 1070 SF gross area and is rented as an apartment with 2 bedrooms and 1 bath. The street level for retail use has approximately 3870 SF gross area. Mr. Healey pointed out a concern with parking as required by Site Plan Review regulations. Mr. Prime’s Site Plan showed a total of potential 14 parking slots. However, Mr. Healey pointed out regulations require 18 - 16 for retail SF and 2 for the apartment SF. Given 14 total parking spaces and subtracting 3 for boats and 2 for the apartment - that leaves the retail use of the building 7 parking spaces short. Mr. Prime stated his retail business, which is still 90 percent online, did not generate much retail traffic and the 9 spaces are more than adequate.
Mr. Healey opened the hearing to public input. Mr. Katsanos agreed that it is indeed mostly an online presence.
Mr. Healey closed the public input and closed the public hearing.
Mr. Healey said he would like to limit the number of boats that Mr. Prime can have on the lot to three boats. Mr. Prime said this would be acceptable.
Mr. Wright made a motion to approve the Final Minor Site Plan Review with a condition set subsequent by the Planning Board for approval of this Application:
1. Approval is for a maximum of 3 boats however stored outside on the property at any one time.
Mr. Geddes seconded. All were in favor.
7:45 p.m. – Case 2020-002 – Conceptual Site Plan Review – Elie Tannoury (agent), for Newbury Plaza, LLC (owner), for property located at 976 Route 103, Newbury, NH, Tax/Map #020-200-298 – Proposed office space for Tec Auto, LLC, and automobile export business.
Mr. Healey asked Mr. Tannoury to explain what the business is. Mr. Mailey (Tannoury’s father-in-law) explained it is a wholesale business to export cars from here to West Africa. He wants his auctioneer license and therefore needs approval from the Planning Board. He will be renting space #4 at the Newbury Plaza for this business. He will purchase cars at auctions and export them to Africa. No cars will be in Newbury. It is strictly an office space for a wholesale business.
Mr. Healey said he would not need a site plan review because it is consistent with what has been going on at this location already, and the rest of the complex. The Board agreed.
The following letter will be sent to Mr. Tannoury:
February 18, 2020
Elie Tannoury
17 Melendy Ave.
Watertown, MA 02472
Dear Mr. Tannoury,
The Planning Board appreciates meeting with you on February 18, 2020 for a Conceptual Review, Site Plan Review at the Board’s regular monthly meeting to hear your business plan for operation of TecAuto LLC. TecAuto will use available office space in the Newbury Harbor Plaza. The business operation was described as using phone and internet to buy at auction used vehicles and resell to buyers in West African countries.
The Planning Board determined that for a new tenant of a multi-tenant building where the new tenant’s business use does not deviate from the current permitted use of the tenant’s space in the building – Site Plan Review is not required.
Newbury Harbor Plaza is located at 976 Route 103: Newbury Tax/Map 20A-200-298.
Sincerely,
Bruce E. Healey, Chair
Newbury Planning Board
Cc: Kostas A. Katsanos
Code Enforcement Officer
Other Business:
Spring Planning & Zoning Confernce – Mr. Healey announced there will be a conference at the GrapponeConference Center on Saturday, May 30, 2020.
Signing – Board members signed the Approved Annexation Mylar for Case 2019-003 – Bell, Scott & MacNaughton. Board members signed the Soaring Goose/Palace Pizza Site Plan – Case 2019-015.
When Site Plan Review is Required – Mr. McWilliams presented the Board members with copies of the When Site Plan Review is Required materials. The Board members briefly reviewed the materials and decided they would dive in deeper at the next work session scheduled on April 7. Mr. McWilliams asked the Board members to read the document and be prepared to discuss at the next meeting.
THERE WILL BE NO MARCH BOARD MEETING. THE NEXT MEETING WILL BE ON TUESDAY, APRIL 7 FOLLOWED BY ANOTHER ON TUESDAY, APRIL 21.
Mr. Geddes made a motion to adjourn. Mr. Beaton seconded the motion. All in favor.
The meeting adjourned at 8:47 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary
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