Planning Board Minutes
Planning Board
December 21, 2021
FINAL
Board Members Present: Darren Finneral, Chair; Chris Hernick, Vice-Chair, Michael Beaton, Chris Millette, Denise Mitchell, Members; Scott Wheeler, Selectboard ex-officio.
Mr. Finneral called the meeting to order at 7:06 p.m.
ADMINISTRATIVE:
Minutes:
The Board reviewed the minutes of November 10, 2021.
Mr. Millette made a motion to accept the minutes. Mr. Finneralseconded the motion.
All were in favor.
The Board reviewed the minutes of November 16, 2021. Changes were made.
Mr. Millette made a motion to accept the minutes with corrections. Mr. Finneral seconded the motion. All were in favor.
Public Hearings:
7:15 p.m. – Case 2021-018 – Conditional Use Permit – Robert Stewart of RCS Designs (agent), Michele & Scot Lucey (owners) for land disturbance in the wetland buffer concerning placement of a proposed garage, driveway and disturbing some area for the fill extension of the septic located on RamblewoodPlace, Tax Map 017-212-412.
Mr. Finneral read the public notice.
Mr. Finneral checked the application for completeness. Finding the application complete, Mr. Finneral asked for a motion to open the meeting.
Mr. Hernick made a motion to accept the application as complete and to open the hearing. Mr. Millette seconded the motion. All were in favor.
Mr. Stewart addressed the Board and explained the map is to scale in the application. He showed where the septic system and garage would be located.
Ms. Mitchell asked if it could go anywhere else. Mr. Stewart said there is no other place to put the garage to fit within the setbacks, and Mr. Stewart said he couldn’t find another place to fit both the septic and garage on the property. Ms. Mitchell said she thought this was a large garage for the area.
Mr. Beaton said he would like to hear from the Conservation Commission regarding 8.7.6.4. He feels that it is a really largegarage to put in the buffer zone. Mr. Stewart said you are allowed to do construction in the buffer zone for wetlands. Ms. Mitchell asked what the impact would be if they put up the garage a bit higher and away from the wetlands.
Mr. Finneral opened the hearing to the public.
Ms. Bev Wolf wants to know about the runoff so there is less surface area to be draining into the wetlands.
Mr. Stewart said he needed to look at grades and make sure a vehicle can move in and out. He said this was the best thing he could design to protect the wetlands.
Mr. Wolf said this case came to the Planning Board back in March and this was supposed to be a town owned road. Ms. Mitchell said it was only a recommendation and the Selectboard overruled this decision.
Mr. Wolf thinks there should be some conditions put on this because septic systems don’t last forever. He is also concerned that the garage seems really large, and it appears that the plan to put in an accessory apartment down the road. That means they will need a larger septic system.
Mr. Stewart said if the septic fails, it can be replaced.
Mr. Tarbazian said there is a seasonal runoff that is hard and deep right through the proposed septic site. He said it comes off in the spring from the upper hill. He said that everything will come down the hill with this seasonal stream. Mr. Stewart said he has worked on this property for eight months and has seen no evidence of a seasonal stream. Mr. Stewart said he will go out again and take a look. He will move it if he finds evidence of this.
Mr. Finneral closed the public input.
Mr. Beaton would feel very uncomfortable approving this application before the Conservation Commission takes a look at this.
Mr. Millette thinks this is a big project in the wetlands and it doesn’t appear that the property owners are minimizing the impact.
Mr. Finneral said his concern is that a building is not listed as a use to put in the buffer zone.
Mr. Stanley thinks this should go to the Zoning Board.
Mr. Stanley said they can approve, they can approve with conditions, or they can deny and refer to the Zoning Board.
Mr. Stanley thinks they need a variance from the Zoning Board.
Mr. Hernick thinks it is clear that buildings aren’t part of this. He does not think they can approve this without a variance.
Mr. Stewart asked if he could have a continuance in lieu of going to the ZBA and Conservation Commission.
Mr. Finneral closed the public hearing.
Mr. Stewart asked to present on February 15 for a continuance.
The hearing will be continued on February 15, 2022.
7:30 p.m. – Case 2021-011 – Conceptual Site Plan Review –James Bruss (agent), Kenneth A. & Debra L. Nemcovich(owners), for property located at 276 Mountain Road, Newbury, NH Tax Map 022-056-245.
Mr. Finneral recused himself from this review. Mr. Hernick will facilitate the discussion.
Mr. Hernick read the public notice. Mr. Hernick said that nothing is binding at a conceptual site plan review.
Mr. Bruss distributed some paperwork about what they do and explained they are a tenant and operate their business at this location. He said there are 28 employees. The cleaners and landscape come to the property but some of this would be moved somewhere else. They would like to store landscape equipment. There is no signage and clients do not visit the property. They work around Lake Sunapee region. They currently offer handyman, landscape maintenance, light renovation services, residential cleaning, vacation rental and concierge services in 4 towns.
He explained the Town gave him a cease and desist, so he is here to find out what he needs to do. Mr. Hernick said that this looks like it is a commercial use in a residential zone.
Mr. Hernick suggested they go to the ZBA to receive a variance.
Other Business:
2022 Amendment Voting –
Mr. Finneral said they passed Amendments 1, 4, 5 & 6 and will be going forward. Numbers 2 & 3 were not approved due to a tie vote. Amendment 7 had a minor change and there will be a public hearing in January.
Mr. Beaton made a motion to adjourn. Mr. Finneral seconded the motion. All in favor.
The meeting adjourned at 8:29 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary
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