Planning Board Minutes
Planning Board
May 18, 2021
FINAL
Board Members Present through Zoom: Darren Finneral, Chair; Christopher Hernick, Vice Chair; Michael Beaton, Joanne Lord, Christopher Millette, Denise Mitchell, Members: Peter Stanley, Consultant.
Public Present through Zoom: John Perry, Richard Wright.
Mr. Beaton called the meeting to order at 7:02 p.m.
Mr. Beaton read into the minutes the following meeting preamble due to the current Covid-19 emergency to be in compliance with RSA 91-a: Good Evening, due to the Covid-19 coronavirus crisis and according to Governor Sununu’s Emergency Order #12 and pursuant to Executive Order 2020-04 this Board is authorized to meet electronically. We are utilizing the zoom platform for this electronic meeting. We previously gave notice to the Board members and public of the necessary information for accessing this meeting. If anyone has a problem during this meeting with access, please call Peter Stanley at 603-630-0017. At this time, I welcome members of the Board and public accessing this meeting remotely. Even though this meeting is being conducted in a unique manner, the usual rules of conduct and decorum apply. Please note, this meeting is being recorded and that all votes that are taken by the Board during this meeting shall be done by Roll Call vote. Let’s start the meeting by taking a Roll Call attendance of Board & Board Support members. When each Board member announces their presence, also please state whether there is anyone in the room with you during this meeting, which is required under the Right-to-Know law.
Members:Joanne Lord
Denise Mitchell
Darren Finneral
Chris Hernick
Christopher Millette
Scott Wheeler, Selectboard Ex-officio-not present
Mike Beaton
SupportPeter Stanley, Board Consultant
Tiffany Favreau, Recording Secretary
Election of Board Officers:
Mr. Beaton turned the meeting over to Ms. Favreau who asked for nominations for Planning Board Chair. Ms. Lord motions her nomination of Mr. Finneral for Planning Board Chair. Mr. Beaton seconds the motion. Mr. Beaton motions his nomination of Mr. Hernick for Planning Board Chair. Ms. Lord seconds the motion.
Roll Call Vote:
Joanne Lord-Mr. Finneral
Darren Finneral-Mr. Finneral
Mike Beaton-Mr. Hernick
Chris Hernick-Mr. Finneral
Chris Millette-Mr. Finneral
Denise Mitchell-Mr. Hernick
Mr. Finneral received 4 votes. Mr. Hernick received 2 votes. Mr. Finneral is Planning Board Chair.
Ms. Favreau asked for nominations for Planning Board Vice-Chair. Ms. Lord motions her nomination of Mr. Hernick for Planning Board Vice-Chair. Mr. Millette seconds the motion.
Roll Call Vote:
Joanne Lord-Aye
Darren Finneral-Aye
Mike Beaton-Aye
Chris Hernick-Aye
Chris Millette-Aye
Denise Mitchell-Aye
All in favor: Mr. Hernick is Planning Board Vice-Chair.
Newbury Housing Committee:
Barbara Freeman, chair of the Newbury Housing Committee was not on the zoom Planning Board meeting so there was no update for the Board.
7:15 p.m. Case 2021-011-Conceptual Site Plan Review-John & Christine Perry (owners), - for property located at 94 Route 103, Newbury, NH Tax Map 050-524-045.
Mr. Hernick read into the record: The Planning Board is authorized to provide conceptual consultation subject to the following. This is a preliminary review. Conceptual consultation is a voluntary step available to the applicant. Such discussion may occur without the necessity of giving formal public notice, but such discussions may only occur at formal meetings of the Planning Board. This meeting is a review of the basic concept of the applicant’s land use proposal or project. The meeting is intended as assistance by answering general questions and questions regarding application requirements. The discussion must be in general terms such as desirability of types of development and whether any state or local ordinances may apply to the applicant’s proposal or project. Such consultation shall not bind either the applicant or the Board and the statements made by the Planning Board members shall not be the basis for disqualifying said members or invalidating any subsequent action taken by the Board.
Mr. Finneral asked Mr. Perry to explain to the Board what his plans were for the property. Mr. Perry said he would like to open up an antique and collectible store. Mr. Finneral asked about days and hours of operation. Mr. Perry said it would probably be four days a week.
Ms. Lord asked about parking. Mr. Perry said there is a driveway for the house and if you go a little bit further, up on the hill there is an area that was employee parking for a previous business.
Ms. Lord asked about employees. Mr. Perry said there would be no employees at this time, but potentially if the store got busy.
Mr. Finneral said that there is not a site plan on file for this property.
Ms. Mitchell said this property is already zoned for business and had been used as a bait and tackle shop for many years, but the use is residential right now. Ms. Mitchell continued that she thought the retail use would need to be formally approved by the Planning Board. Mr. Stanley said that there should be at least a base line site plan with the building(s) involved in the use with floorplans to go forward with. Mr. Hernick said the Board should determine if this would be a major or minor site plan review. Mr. Hernick continued that his thought was that it was probably a minor site plan review. Mr. Finneral said that a minor site plan review is when there is a site plan on file and that site plan is changed. Ms. Lord said she thought having a site plan would be a good idea. Mr. Stanley said even if it was a sketch and not a full-blown engineered plan, there is some obligation to come up with something such as an aerial photograph or from the Town’s GIS system, so you know what you’re dealing with. Discussion followed.
Mr. Wright said the Lumber Barn went to the Planning Board and got an approval for a continuation of business because there was no change of use. Mr. Wright said it was his opinion that a simple site plan would suffice. Mr. Wright said this building was never residential. Mr. Wright continued this property is unique in Town, it has a residential building, and it has a commercial building both on the same lot. Discussion followed.
Mr. Finneral asked Mr. Perry if he had any further questions for the Board. Mr. Perry said not at this time and will welcome the Board’s guidance.
Mr. Hernick asked Mr. Stanley for his reading of section 3.3 of the Site Plan regulations. Mr. Stanley said the Board does not have a site plan that they can work with so the basic thing from section 3.3 is not there. Mr. Stanley continued that his suggestion is at the very least to have a map of the property that shows where the parking is in relation to the buildings, what part of what building is involved in the business and the fire chief to make sure that egress is appropriate for the potential occupant load. Mr. Stanley said that if this was anywhere else the Board would do a site plan review, which would include a full-blownsite plan since none is on file. Mr. Stanley continued that he realizes that Newbury doesn’t like putting people through that, but technically there should be a site plan. Discussion followed.
Ms. Mitchell asked if a major site plan review is asked for can applicants ask for certain waivers. Mr. Stanley said the Planning Board can waive any of the site plan review regulations and any of the subdivision control regulations. Mr. Stanley continued the Board can't waive zoning ordinance requirements. Ms. Mitchell said she would advocate for a major site plan review because there is no site plan and then lop off requirements of things thatthe Board did not think were applicable to this site plan review. Ms. Lord said the Board should have good documentation for the reasons why waivers were given for future applications that are similar to this one. Discussion followed. Mr. Stanley said that it is up to the applicant to ask for waivers, it is not up to the Board to offer them. Discussion followed.
Mr. Finneral said the Board realizes it is commercial retail and there is no change in use, however a site plan review should be requested to have on file for the future and the Board will also look at any waivers requested. Discussion followed.
Discussion of role as Planning Board advisor:
Mr. Finneral said Mr. Stanley is fairly new to the Board; has been the Board advisor for just about a year. Mr. Stanley said that Mr. Healey acted as the Board’s in-house planner, he spent 12-20 hours a month doing planning work for the Board such as organizing documents or digging out plans and contacted Mr. Stanley only when he was stuck on something and needed fresh eyes or a legal opinion. Mr. Stanley continued that he puts in about 8 hours a month for the Board. Mr. Stanley said he is the Planning & Zoning administrator for the Town of Sutton which takes him about 15 hours a week and that is really all he wants to work. Mr. Stanley told the Board they will face some complex issues in the future and should consider having the services of the Regional Planning Commission periodically or a planning person who will spend time with plans. Mr. Stanley said he does not have the time to become the Board’s planner. Mr. Stanley said he is happy to maintain his current role of attending the Board meetings, answer phone calls and help through issues. The Board agreed to have Mr. Stanley remain in the same role as he has been with the Board.
Discussion of remote or in-person meetings:
Mr. Finneral asked for discussion on remote or in-person meetings. Ms. Lord said she thinks the Board should play it by ear for now and continue zoom for a little while longer. Mr. Stanley said that he thinks that probably by the fall the Board will have no choice but to meet in person. Mr. Stanley said that right now the state of emergency is still in effect, but it will go away and not that far down the road. Mr. Finneral said the SelectBoard has already gone back to in-person meetings. Ms. Favreau said the Zoning Board will be in-person for their June meeting. Mr. Hernick said he liked working from home. Ms. Mitchell said an advantage of zoom is Board members can attend even if out of town for work. Discussion followed. The consensus of the Board was the June meeting will be via zoom and the July meeting will be in-person.
Minutes:
The Board reviewed the minutes of April 20, 2021.
Mr. Millette made a motion to accept the minutes as amended. Ms. Lord seconded the motion.
Roll Call Vote:
Mike Beaton-Aye
Darren Finneral-Aye
Joanne Lord-Aye
Chris Hernick-Aye
Chris Millette-Aye
Denise Michell-Aye
All in favor.
Mr. Finneral made a motion to adjourn. Ms. Lord seconded the motion. All in favor.
The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Tiffany A. Favreau
Recording Secretary
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