Planning Board Minutes
Planning Board
January 19, 2021
FINAL
Members Present: Bruce Healey, Chair; Mike Beaton, Vice Chair; Darren Finneral, Chris Hernick, Joanne Lord and Richard Wright, Members; Peter Stanley, Advisor.
Public: Barbara Freeman, Chair of the Newbury Housing Committee; Tiffany Favreau, Land Use Coordinator; Mark Manzella
Mr. Healey called the meeting to order at 7:00 p.m.
Mr. Healey read the guidelines due to the COVID-19 crisis and that under emergency order the Planning Board has been authorized to meet electronically. If anyone has trouble accessing the meeting, please contact Peter Stanley. He said that all regular rules apply and that roll call will be used for all votes.
A roll call was taken.
Minutes:
The Board reviewed the minutes of December 15, 2020.
Mr. Healey made a motion to accept the minutes. Ms. Lordseconded the motion. All were in favor.
Presentation – Ms. Freeman gave an update on the Newbury Housing Committee. She said that even though it is a large group, the committee members are doing a great job. They all have been doing their homework and have done some research as to what businesses would benefit from affordable housing in the area. Ms. Freeman explained that they will be hosting a meeting for the public next week on Tuesday, January 26 at 7:00 p.m. She said Mr. Whitman will be hosting the meeting and will create breakout rooms with groups of people to discuss topics. Mr. Healey asked if she plans on having each breakout roomrecord minutes. Ms. Freeman said she will ask a member of each group (the controller) to take minutes. She asked if notes would suffice and Mr. Stanley said minutes would be better because it is a public meeting. He said the minutes should reflect who says what in the meeting. Ms. Freeman will take this under advisement. Ms. Freeman also said that Mr. Hernick is working on applying for a municipality grant to help out with this project. This grant will offer some matching funds to the project. Mr. Hernick stated that he will be putting this together shortly.
7:15 p.m. – Case 2021-001 – Conceptual Consultation – Site Plan Review – Mark & Leslie Manzella for property located at 140 South Road. Mr. Manzella has filed an application with the Federal ATF for a Type 01 dealer/gunsmith Federal Firearms License (FFL).
Mr. Healey read what the definition of a conceptual consultationfor a site plan review.
Mr. Manzella explained that he wanted to create a gunsmith company in his house, which is zoned residential. He is looking for something to do now that he is retiring.
Mr. Healey said that it sounds like he wants to apply for a home occupation. Mr. Healey then read the requirements of a home occupation.
1. No employees outside of the home.
2. No signs or advertising outside of the home.
3. Everything is enclosed.
4. No customer/client traffic.
Ms. Lord said she was confused because although Mr. Manzellawas applying for an occupational permit and said there would be no clients in his house, his original email said he would take clients by appointment. Mr. Manzella said he put it in there because of a conversation he had with the ATF. In the future, he might need to change to private, by appointments only. Mr. Healey asked if he understood that this would not be authorized under home occupation. Mr. Manzella said he now understands that. Ms. Lord thanked him for the clarification.
Mr. Healey asked why he doesn’t apply for a cottage industry permit? Mr. Manzella said right now he does not have a client base and has a lot learning to do before he is up and running.
Mr. Wright asked about the degree of gunsmithing he plans on doing. Mr. Manzella replied that he would be clearing of actions, mounting of scopes, safety testing of equipment, custom fitting of stocks. Mr. Wright asked since he is a machinist if he is going to be involved in any kind of machining or modifying firearms. Mr. Manzella said since he does not have tools at this time, he does not see that happening. Mr. Wright said that if he decides to in the future, he will need to apply for a type 7 license instead of type 1 license. Mr. Manzella said he did not see the requirement anywhere. Mr. Wright said that under the regulations of a type 1 license, it states that he needs to have a dedicated room or space with a separate entrance and business hours listed for at least one day per week. Mr. Wright wonders if this would be a conflict with Newbury’s regulations.
Mr. Wright said he has some concern about Mr. Manzellaoffering safety testing firearms. Mr. Wright said a lot of shooting might be a concern to his neighbors. There are already a lot of complaints for loud shooting at a gravel pit near Mr. Manzella’shouse.
Mr. Healey said that the Land Use Coordinator said that he had put in a building permit to add on to his garage and he wanted to make sure this building permit had nothing to do with this proposed business. Mr. Manzella said that he pulled that permit and it had nothing to do with his proposed gunsmithing business.
Mr. Wright said that there are over 600 dealers in New Hampshire with 2/3 running out of their homes. He said most of them operate as go-betweens from the internet to the public.
Mr. Manzella asked if there is no requirement to have business hours, then would there is no need to be in further contact with the Planning Board right now. Mr. Stanley said that ATF will need verification of approval from the Planning Board.
Mr. Healey said he can write a memo to the ATF regarding the meeting. If he finds he needs cottage industry approval, he will need to come back to the Planning Board, get a special exception from the Zoning Board of Adjustment, and then back to the Planning Board with a site plan review.
Mr. Stanley suggested putting in a bullet trap and stockade fencing to have full control over noise and safety.
Mr. Healey will cc Mr. Manzella on his note to the ATF.
Mr. Healey made a motion to adjourn. Ms. Lord seconded the motion. All in favor.
The meeting adjourned at 7:50 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary
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