Planning Board Minutes

Planning Board

March 16, 2021

Final

Members Present:  Bruce Healey, Chair; Mike Beaton, Vice Chair; Darren Finneral, Chris Hernick, Joanne Lord, Russell Smith, Richard Wright, Members; Peter Stanley, Advisor.

Public: Christopher Millette, Michelle Lucey, Scott Hill, Nicole Gage, Gregory Gage, Barbara Freeman, Denise Mitchell, Bob Stewart, Steve Manning, and Dan Wolfe.

Town: Cal Prussman

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 February 16, 2021. 

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

Administrative:

Newbury Housing Committee – Barbara Freeman

Ms. Freeman gave an update on the Housing Committee. She feels it is doing well and is getting educated in the diversity of housing and opportunities in housing. Ms. Freeman said she is inviting the public to next Tuesday’s meeting for a three-person panel discussion about affordable and workforce housing and the mechanisms on how it happens. After the panel there will be a question-and-answer period. This meeting has been advertised on Facebook and at local bulletin boards.

New Members – 

Bruce Healey welcomed new members to the Planning Board – Denise Mitchell and Christopher Millette. Mr. Healey suggested including the new members right now even though they cannot be officially sworn in until May. He would like to appoint them to the Board as alternate members and welcome them early to get them involved as soon as possible. 

Mr. Healey made a motion to appoint the new members as alternate members until they can be officially sworn in as new members. Mr. Wright seconded the motion. All were in favor.

7:45 p.m. – Case 2021-006 – Conceptual Consultation – Site Plan Review – Scott B. Hill (owner) for property located at 705 Route 103A and Route 103A, Newbury, NH. Tax/Map # 016-036-132 and 016-003-127 for proposed storage buildings.

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

Mr. Stanley shared a screen and showed the map of Mr. Hill’s property. Mr. Healey said it is a residentially zoned lot which currently has a permitted use to be a landscaping business. He said lot 127 is a residential lot and 132 is the lot with the landscape business. Mr. Healey asked what lot he would like to put the storage buildings on. Mr. Hill said he wants to put them on lot 127. Mr. Healey asked what is happening with the garage and Mr. Hill said it will remain intact. Mr. Healey read a definition of a commercial storage unit and Mr. Hill said they are each unit is 10’ x 10. Mr. Healey asked how many units he wants to put in. Mr. Hill said it is up to the engineer. He said he would like to put in two steel buildings. 

Mr. Beaton asked if it is this is permitted in a residential area and Mr. Healey said no, he would need to get a variance. 

Mr. Finneral asked about fencing. Mr. Hill said he will put in a fence. 

Mr. Hill asked the Board what he needs to do to move forward. Mr. Healey said he needs to get a variance to have a commercial use in a residential zone under 5.5.2. Mr. Hernick said there would be a benefit to merge the lots due to a setback issue. Mr. Healey said it is a three-part process. Mr. Hill needs to decide if he is going to apply for a voluntary merger of lots, and if so, apply for that. Secondly, he needs to get a variance for lot 127 for the use of a commercial storage units and lastly, he would need to apply for a site plan review from the Planning Board. Mr. Healey said he could go to the Zoning Board in May and come to the Planning Board in June.

8:00 p.m. – Case 2021-007 – Conceptual Consultation – Subdivision – KLMS Properties, LLC (owner), Robert Stewart (agent) for properties located off Ramblewood Place, Newbury, NH Tax/Maps 017-240-423 and 017-212-412 proposing extension of existing driveway for access to lots.

Mr. Healey said he put together some PowerPoint slides for the Board. He said it was a subdivision that was approved in 1970 and the final revision was in 1976. The lots being discussed tonight are lots: 24, 25, 26 and 30. The plan shows paper roads that never got built. Mr. Healey said the dotted line is a paper road that never got built. He said that lot 27 got approved for a building permit and the paper road was extended as a driveway in 1992 when there were no regulations for there to be frontage on a town road or approved subdivision road. Today that would not be allowed. The owners of 24, 25, 26 and 30 would like to extend the existing driveway. They won’t be able to receive a building permit without this. Mr. Stewart presented to the Board. He disagrees about it not having frontage. Looking at 5.8 in the Zoning Ordinances, Mr. Stewart said this was an approved subdivision road, so he thinks it technically has frontage. Mr. Healey said this is a non-conforming lot of record. He said what applies is the definition of a non-conforming lot. Mr. Healey said since it does not exist it does not have road frontage. Mr. Stewart would like to consolidate lots 24 and 30 and 25 and 26. Mr. Stewart would like to consult with the police department and fire department about road access.  Mr. Smith suggested consulting the Highway Administrator as well. Mr. Healey wants to know why they can’t come in through the north. Mr. Stewart said the reason is there is a mountain of ledge that would get in the way. Mr. Healey said it is a 20’ x 30’ x 20’ mountain of ledge in the way, so the only way to access is the current driveway. Mr. Wright said paper roads do not go away so he does not think they can consolidate 24 and 30. Mr. Stanley said they could amend the final subdivision approval to take into account the changes they want to make to legally make portions of the road go away and make a new plat. Mr. Healey said Mr. Stewart should consider presenting a revised plat for the subdivision for the area we are speaking of with notes. He also asked him ask to reclassify the paper road as a private road. He would also ask the owners to submit the dimensions, drainage, etc. for the proposed road. If the Planning Board sees these two things, he thinks the Board can take a look at this proposed amendment to the subdivision. 

Mr. Stewart asked if they choose to merge 24, 25 and 26, instead would he still need to do a new plat. Mr. Healey said yes, he would still need a plat that changes the subdivision and reclassifies the paper road as a private road. 

Mr. Prussman asked if the driveway should be included in the plan. Mr. Healey said that is a good idea. Mr. Stewart said they can do that. 

Mr. Stanley confirmed they need a revised subdivision plan moving forward. Mr. Healey said he has a sample and Mr. Stewart could use that format. Mr. Stewart asked if this would be sent to the Registry of Deeds and Mr. Healey said yes. 

Other Business:

None

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

The meeting adjourned at 8:49 p.m.

Respectfully submitted,

Donna S. Long, Recording Secretary

3 | Page