Planning Board Minutes

Planning Board

April 20, 2021

Approved May 18, 2021

Members Present:  Bruce Healey, Chair; Darren Finneral,Chris Hernick, Joanne Lord, Christopher Millette, Denise Mitchell, Russell Smith, Richard Wright, Members; Peter Stanley, Advisor.

Town Personnel: Tiffany Favreau, Land Use Coordinator

Public: Dan Campbell, Mark Berglund, Katheryn Holmes and Elizabeth Ashworth

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 March16, 2021. 

Mr. Healey made a motion to accept the minutes. Mr. Smithseconded the motion. All were in favor.

Administrative: 

Mr. Healey said that he thought he had made an error at the meeting regarding applicant Scott Hill. Mr. Healey said he made a phone call to property owner Scott Hill and asked if he would still want to merge the lots if he did not receive permission from the Zoning Board for his proposal. Mr. Hill said ‘no’. Mr. Healey asked him to contact Ms. Favreau to let her know this.

7:15 p.m. – Case 2021-009 – Conditional Use Permit – Christopher Paton (agent), Daniel & Olkesandra Campbell (owners), for property located on Mountain Road, Newbury, NH Tax/Map #033-562-433 for land disturbance in the wetland buffer concerning placement of a proposed driveway.

Mr. Healey read the public notice.

Mr. Healey read the application for completeness. Mr. Healey found that the application was complete.

Mr. Healey made a motion to accept the application as complete. Ms. Lord seconded the motion. All were in favor. 

Dan Campbell introduced himself and explained what he and his wife wanted to do.

Mr. Healey said he visited this site three times because he was concerned about the proposed location for the driveway. First because of safety, and second due to the wetlands. He went out with the highway administrator and another staff member to do a line of site. He felt this needed to be placed approximately 100 feet north of the proposed site for safety and visibility reasons. The highway administrator agreed with this.

Mr. Healey explained that from an environmental standpoint it also makes sense to locate it 100’ to the north of the originally proposed site.

Mr. Campbell said they are trying to protect the forest as much as they can and agrees with moving the driveway location.

Mr. Healey opened the hearing up to public input.

Heidi and Ivan Gardner asked how much of the wetlands would be disturbed under the new proposed location. Mr. Healey said it would be the crossing, which would be about 30’ and would be the small disturbance to be made. Mr. Campbell said there is already a culvert there. Mr. Healey said this would be more secure than the current culvert. Mr. Healey said the Planning Board does not make any decision about the impact of the wetlands. This approval would be given by the state - DES.

Ms. Long read the following letter into the record:  

Mr. Campbell said there is no place for construction vehicles to turn around. Mr. Smith asked if Mr. Campbell could put signs on the property to tell construction vehicles to park and turn around on his property. Mr. Campbell said he could do that.

Mr. Healey closed the public input.

Mr. Healey closed the hearing. 

Mr. Healey appointed Ms. Mitchell as a voting member.

Mr. Healey made a motion to approve the application for the conditional use permit with the following condition set precedent by the Planning Board to be completed within sixty (60) days for final approval of this Application:

The location of the proposed common driveway on the Subdivision Plan of Land dated March 3, 2021  -  Proj. No. 2020-286-30  -  shall be amended to move the location of the entire common driveway as follows:  1)  the common driveway shall abut Mountain Road approximately 110 ft north of the common driveway shown on the Plan which will place the common driveway just north of the third town road culvert shown on the Plan.  2)  Every attempt will be made by owner to avoid placement of the common driveway in the wetland buffer until the driveway crosses the wetland culvert.

Mr. Smith seconded the motion. All were in favor. 

Ms. Holmes commended the Board on their decision.

7:30 p.m. – Case 2021-008 – Final Approval – Minor Subdivision – Christopher Paton (agent), Daniel & OleksandraCampbell (owners) for a property on Mountain Road, Newbury, NH Tax/Map #033-562-433.

Mr. Healey read the public notice.

Mr. made a motion to accept the application as complete. Ms. Lord seconded the motion. All were in favor.

Mr. Campbell said he wants to keep the lots for himself and his family. 

Mr. Healey opened up to public input.

Mr. Healey said the below letter should also be read into the record for this hearing as well.

Mr. Campbell said the house location has not been selected yet.

Mr. Healey said Mr. Campbell will need the following.

1. NH DES Wetlands Permit Application approval

2. NH DES Subdivision approved permits for Lots 1 and 2

3. Common driveway access easement for all three lots for equally shared responsibility and cost between the owners of all the lots. To be recorded at the Merrimack County of Deeds.

4. The easement should identify the location and boundaries of the jointly used portion of the common driveway.

5. A common driveway access permit for all three lots approved by the highway administrator.

6. Amend plat

Mr. Healey closed the public input.

Mr. Healey made a motion to approve the minor subdivision plan with the following conditions set precedent by the Planning Board to be completed within ninety (90) days for final approval of this Application:

1.  NH DES Wetlands Permit Application approval

2.  NH DES Subdivision approved permits for Lots 1 and 2

3.  All 3 Lots in this subdivision are served by a common driveway off Mountain Road. As shown on the subdivision plat, there is a Common Driveway Access Easement identifying the location and boundaries of the jointly used portion of the common driveway to ensure access in perpetuity to all 3 Lots via the Common Driveway and to address perpetual shared responsibility and costs for the common driveway between the owners of all 3 Lots. The Common Driveway Access Easement is recorded in the Merrimack County Registry of Deeds.

4.  The Common Driveway Access Easement, as approved by the Planning Board, shall identify the location and boundaries of the jointly used portion of the Common Driveway to ensure access in perpetuity to all 3 Lots via the Common Driveway and which the Easement shall require perpetual shared responsibility and costs of maintenance, repair and snow removal for the Common Driveway between the owners of all 3 Lots and that no lot owner has the right to block or restrict the use of the Common Driveway. The Common Driveway Access Easement shall be recorded in the Merrimack County Registry of Deeds when the final Subdivision Plat is recorded with all recording fees to be paid by the applicant.

5.  Common Driveway Access Permit serving all 3 Lots approved by Newbury’s Highway Administrator.

6.  Amend Plat as follows:

​a.  The Subdivision Plat to be recorded shall be amended to add to ​Notes:   ​conditions of approval 1 thru 5 above and the condition of approval for the ​Conditional Use Permit in the wetland buffer.

​b.  Fix Plat “signature block” to comply with Subdivision Regs Section 7.1.11

Mr. Finneral seconded the motion. All were in favor.

7:45 p.m. – Case 2021-010 – Conceptual Site Plan Review – Chris Schwanitz, Mark Berglund & Wilson Smith Berglund (agents), CBI Properties, LLC (owner), for property located at 1423 Route 103, Newbury, NH Tax/Map #007-425-106.

Mr. Healey read the definition of a conceptual site plan review.

Mr. Healey showed a diagram of the lot which is located near the rotary on Route 103. Mr. Healey said the east side boundary line is a stream. He said the lot is in two different districts and there is a wetlands buffer and the Shoreland Overlay District because of the stream. One is in the residential district and one is in the business district. Mr. Healey suggested the owner draw a line at the stream and include a 75’ setback. Mr. Healey asked Mr. Berglund to discuss his proposed project.

Mr. Berglund said they would like to have a bed and breakfast in the existing farmhouse and add additional cabins on the property as well. 

A full survey hasn’t been completed yet, but his engineer created drawings for this conceptual.

Mr. Healey asked how many guestrooms there would be in the farmhouse. Mr. Berglund said between 6-9 guestrooms. Mr. Healey asked about the cabin design. Mr. Berglund said they would be guestroom with possibly kitchenettes. Mr. Healey asked if he is defining this as a bed and breakfast. Mr. Healey said if this is the case, he can only have 6 guestrooms in the farmhouse, otherwise he would need a variance. He will also need a special exception because the cabins would be in the residential district.

Mr. Healey said he would need these two approvals from the ZBA and then he can come to the 

Planning Board for a full site plan review. 

Ms. Lord asked how many bedrooms will be in each building. Mr. Berglund said it would be between 3-4 bedrooms each at 2,000 sq. feet with two stories. Mr. Smith said this does not sound like a cabin because they are large and two stories.

Mr. Stanley said it is limited to six guest rooms for a bed and breakfast. In the business district you are permitted to have an inn so they could have the inn in the business district and then six rooms in the residential district for a bed and breakfast. Mr. Stanley said no kitchens can go in because that would then be defined as a dwelling.

Mr. Berglund asked if the six rooms can be detached. Mr. Healey said a bed and breakfast is defined as in a building or in a group of buildings so they could be in six different buildings, but they cannot have kitchens. 

Mr. Healey said to get all of the plans all settled and then encouraged him to come back to the Board with his final plans before he goes to the ZBA.

Mr. Healey said Mr. Berglund to define if it will be an inn versus a bed and breakfast. Mr. Stanley said a bed and breakfast is limited to six guestrooms. Mr. Stanley said he does not know what the current fire code is for an inn and there might be some limitations on the state level.

Other Business:

None

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

The meeting adjourned at 10:00 p.m.

Respectfully submitted,

Donna S. Long, Recording Secretary

3 | Page