Planning Board Minutes
Planning Board
July 21, 2020
Final
Members Present: Bruce Healey, Chair; Darren Finneral, Christopher Hernick, Joanne Lord, and Richard Wright, Members; Russell Smith, ex-officio member.
Public: Mr. Robert Scott, Mr. and Mrs. Mark Hilton
Mr. Healey called the meeting to order at 7:00 p.m.
Minutes:
The Board reviewed the minutes of June 16, 2020.
Mr. Wright made a motion to accept the minutes. Ms. Lord seconded the motion. All were in favor.
Mr. Healey received an email from Mr. Deane Geddes stating that he is resigning as an alternate to the Planning Board.
As this was the first in-person meeting since the beginning of COVID-19, Mr. Healey went over some new rules for meetings. He said that everyone should be filling out the required form (once), and everyone should wipe down their areas when leaving for the evening.
Mr. Healey also mentioned that everyone’s boxes have temporarily been moved to the lobby while painting is being done in the back room.
Mr. Hernick explained that he had a slight change to Article 9.18.1.1 under Major Subdivisions. It is simply a change in the name of the approval.
7:15 p.m. – Case 2019-004 – Final Approval-Minor Subdivision – Bell, Scott & MacNaughton (owners), for property located on Old Post Road, Newbury, NH, Tax/Map #032-037-333 – change in driveway locations as required by Highway Administrator.
Mr. Healey read the public notice.
Mr. Healey opened the public hearing.
Mr. Scott explained that the subdivision was previously approved by the Planning Board, but when discussing the driveway with the Highway Administrator, the Highway Administrator made a suggested change. The prior approved subdivision plan had lots 2 and 3 sharing a common driveway. The highway administrator requested separate driveways for lots 2 and 3. This change was made to the subdivision plan.
Mr. Hernick asked if this change was made due to a safety reason. Mr. Smith responded that it was a mutual change between the highway administrator and Mr. Bell.
Mr. Wright made a motion to accept the subdivision plan as amended. Ms. Lord seconded the motion. All were in favor.
All members signed the platt and Mr. Healey will give it to the land use coordinator.
7:30 p.m. – Case 2018-010 – Conceptual Consultation– Continuation of discussion concerning a permit for earth excavation on property located at 274 South Road.
Mr. Healey gave a review as to the steps Mr. Hilton has gone through so far. He explained that the project was started in 2018 and it was determined that Mr. Hilton needed both a use variance because of the aquifer protection overlay district and special exception in the residential district. Mr. Hilton has gone to the Zoning Board of Adjustment and has received a variance for this project. Now he is back at the Planning Board for a permit.
Mr. Healey brought the new members up to speed as to why the Hiltons are at the meeting this evening.
He said that the Hiltons can come back in August for their public hearing. Mr. Hilton said he does not think he needs to come in for the meeting because he is selling the excavation for agriculture reasons.
Mr. Hilton said that he has consulted with an attorney and they both agree that the way they read the regulations he does not need a permit because he is doing this for agriculture reasons and does not engage in a commercial business. He is not selling the excavation as a business but rather to sell the excavation material for agricultural reasons.
Ms. Lord asked for clarification that they are not selling the excavation to sell for profit. Mr. Hilton said yes.
Mr. Healey said that he will bring it up to the town counsel to get some clarification.
Mr. Hilton insists this is not commercial excavation.
Mr. Healey will look at the application and all of the material to see if we need anything else, and will have the land use coordinator contact Mr. Hilton if there are additional things that they need. Mr. Healey said they could schedule him to come in on August 18 for a public hearing.
Other Business:
Mr. Healey discussed the upcoming Joint Board Meeting. He explained that the Zoning Board of Adjustment has four pages of changes they would like to discuss. Mr. Healey explained the process of adding zoning amendments to the new members. Mr. Healey will send the four-page document to all of the Planning Board members.
Mr. Healey said he has received feedback from the Selectboard, ZBA and the Conservation Commission for suggestions for the agenda. The public is also invited to this joint meeting. He asked if any of our members have anything to bring up at this joint meeting.
Mr. Wright said he would like to see the ZBA uphold the rules and regulations that the town has. He feels that the Board approves everything that comes in front of them. He feels that as long as someone has the money to put into it, they receive a variance with the ZBA. He would like to see more enforcing of the regulations.
Mr. Healey said he will send out the agenda to all of the Planning Board members.
Proposed amendment – Site Plan Review – Protection of Historic & Cultural Resources – Mr. Healey said this was done in the subcommittee of who was working on the Master Plan. He said that it was proposed, agreed to and put into our action plan. Mr. Healey said he copied exactly what is in our subdivision regulations. Mr. Healey will need to schedule a public hearing if the Board members are okay with moving it forward. Mr. Healey said he just duplicated it.
Mr. Smith made a motion to adjourn. Mr. Wright seconded the motion. All in favor.
The meeting adjourned at 8:56 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary