Planning Board Minutes

Meeting date: 
Tuesday, May 15, 2018

Planning Board

May 15, 2018

Final

Approved August 21, 2018

 

Members Present:  Bruce Healey, Chair; Michael Beaton, Vice Chair; Regina Cockerill, Howard Maurer, Bill Weiler, Richard Wright, Members; Russell Smith, Ex-officio Member, Ken McWilliams, Advisor.

Mr. Healey called the meeting to order at 7:00 p.m.

ADMINISTRATIVE BUSINESS:

Minutes

The Board reviewed the minutes from April 3, 2018.  Corrections were made.

Mr. Smith made a motion to accept the minutes of April 3, 2018 as corrected.  Mr. Wright seconded the motion.  All in favor.

The Board reviewed the minutes from April 17, 2018.  Corrections were made.

Mr. Smith made a motion to accept the minutes of April 17, 2018 as corrected.  Mr. Wright seconded the motion.  All in favor.

The Board reviewed the minutes from May 1, 2018.  Corrections were made.

Mr. Wright made a motion to accept the minutes of May 1, 2018 as corrected.  Ms. Cockerill seconded the motion.  All in favor.

The Board reviewed the minutes from May 1, 2018 Site Visit. 

Mr. Weiler made a motion to accept the minutes of May 1, 2018 – Site Visit.  Ms. Cockerill seconded the motion.  All in favor.

Mr. Healey asked the Board members if they felt they wanted to him to schedule a public hearing for the Excavation Site Regulations.  The members agreed that they were ready to bring these regulations to the public. 

Public Hearings:

7:15 p.m. – Case 2018-004 Final Site Plan Review Continuance

The Fells (Owner) George Pellettieri, Kyle Cummings, David Bashaw and David Blohm (Agents) – 456 Route 103A, Newbury, NH Tax Map #018-232-347 – Proposing development of a lower parking area, events, pavilion and nursery relocation.

 

Ms. Susan Warren and Mr. David Blohm approached the Board.  Mr. Healey stated that the DOT permit listed two driveway entrances (drive 1 and drive 2).  He would like to know what the difference between the two drives is.  Mr. Kyle Cummings explained that Drive 1 is the current drive coming into the Fells.  Drive 2 is .03 down from Drive 1. 

Mr. Healey said that all required permits have been received. Mr. Healey stated that they had received the Department of Transportation driveway permit, the septic design and four sets of complete plans.  Mr. Healey asked Mr. Blohm to go over the entire project from the beginning.

Mr. Blohm thanked everyone for coming out for the site visit.  Mr. Blohm said that Historical Resources have submitted a letter stating that they feel that The Fells have successfully designed a structure that works well in the surroundings.  Ms. Warren distributed copies of the letter.  Mr. Blohm said The Fells is proposing a 4,000 sq. ft. pavilion and a lower parking area with limited lighting.  He said this facility will be handicap accessible.  This pavilion will hold weddings as well as informational sessions and kids’ camps.  The overall goal of this project is to be better, not bigger.  Mr. Blohm distributed a Google Earth map to show where the pavilion will be situated.  Mr. Blohm explained that Fish and Wildlife is on board with the project as well as LCHIP and DES.   

Mr. Cummings distributed maps to the board members.  He explained that there will be a drip edge around the pavilion.  There will be a trench that will extend past the eaves of the building.  Mr. Cummings also pointed out a wetland on the map, and explained the parking lot is about 5 ft. smaller than they originally planned to stay out of the wetland.  The parking lot will now be 78 ft. from the wetland area.   Mr. Cummings mentioned that the intent for the drive is to offer a one-way loop drive.  Mr. Cummings discussed the placement of the proposed septic.  He also showed the new nursery space.  Mr. Smith asked about the gravel of the drip edge for water runoff.  Mr. Smith is concerned about guests walking on the crushed stone during events.  Mr. Pellettieri said they cannot plan for everything but the intention of the perimeter of the trench drain is for the roof runoff. Mr. Cummings said they need a permeable solution.  He explained that it is a gravel road.  Mr. Healey asked how many acres will be affected.  He said total acreage to be affected will be about five acres.  Mr. Pellettieri gave a more detailed description of the proposed pavilion.

Mr. Healey opened the hearing for public input. 

Mr. Peter Fichter of Malia Terrace asked if there were any documentations given to the Board that should be read into the record.  Mr. Healey said that there was one letter that had been received.  Mr. Fichter asked that Mr. Healey read the letter so that it would be in public record.

Mr. Healey read a letter into the record from June and Peter Fichter:

 

Dear Newbury Planning, Chair and Board,

While we appreciate the Fells’ efforts toward making the new parking lots as environmentally friendly as possible, we, the neighborhood of the Fells, strongly suggest that the number of electronic music offerings be limited.

The peaceful neighborhood that we mostly enjoy as a residential community has been impacted by amplified music during wedding events at the Fells.  The sound carries across the lake as well, affecting a large area.  We realize that the development and fund raising strategy of the Fells leans heavily on renting the rounds for events, but there are differences between types of events that are held.  The decibel level of a string quartet is very different from heavy base amplified music and speakers.

Non-amplified music is a growing option for weddings.  Any many historic outdoor venues around the country have restrictions on amplified music.  For example:  Crane Estate in Ipswich, King Hooper Mansion in Marblehead, Gov. John Langdon House Gardens in Portsmouth.

We ask The Fells Board and the Newbury Planning Board to kindly consider such restrictions on amplified music, which would be in keeping with a residential neighborhood and in the spirit of the historic nature of the Fells.

Thank you for your consideration.

June & Peter Fichter

71 Malia Terrace

Newbury, NH

 

Ms. Cockerill asked the Fichters if they can hear the music from the Thursday night concerts from the Harbor.  Mr. and Mrs.  Fichter said that they can hear the music from this as well. 

Ms. Cockerill asked how they gathered their information stated in their letter that stated that many other historic outdoor venues around the country have restrictions on amplified music.  Ms. Fichter explained that she had done research and found this information on the previously mentioned websites.

Ms. Cockerill stated that she also did research on the three outdoor venues that were stated and found that none of them, in fact, have restrictions on amplified music. 

Ms. Cockerill said that she contacted the Crane Estate and that she received an email from the Director of Sales Events that stated they do allow amplified music on several locations on their property on the Crane Estates.  Ms. Cockerill also contacted the King Hooper Mansion in Marblehead and spoke with the Associate Director who stated they do allow amplified music both inside and outside the mansion and she thought that the letters that the Fichters wrote misrepresented them.  The Associate Director said that the amplified music needs to be done by 10:00 p.m. and indoor music needs to be done by 11:00 p.m.  Ms. Cockerill also spoke with Peter McNamara, Director of Management and Marketing and he confirmed with the Langdon House that there is no restriction of amplified music on the estate, with the only restriction being that the amplified music needs to be done by 9:00 p.m.  Ms. Cockerill said that if the Fichters had other examples to please bring them forward to the Board because these examples that were given could not be verified.

Ms. Holmes said that she can hear the bass of the music when The Fells currently plays music.  Ms. Holmes said that she is concerned with the decibels and how they might affect the animals in the area.  She feels that the Planning Board should put on some restrictions since the Zoning Board did not put on any restrictions when it was passed through their public hearings.

Mr. Wright said that the town has a noise ordinance and he feels that it is the responsibility of The Fells to keep things at an agreeable level of noise.  Mr. Wright said if the neighbors are not happy, then the neighbors can complain and the police will get involved.  Mr. Blohm said that he does not hear the music from The Fells at his house and he lives just as far as the Fichters from the Fells.  Mr. Blohm asked Ms. Warren for a survey of when the music is on and it is typically from 8:00 p.m. – 10:00 p.m.  The music is shut down at 10:00 p.m. due to the Newbury ordinance. 

Mr. Fichter questions if the acoustics will travel more since it will now be bouncing off of a hard surface versus a tent. 

Alex (electrical engineer) said that trees will help diffuse the sound.  He said that the harder surface will actually diffuse and dampen the lower frequency sounds.  Ms. Holmes asked about the wildlife.  Ms. Warren said that so far the weddings haven’t affected the wildlife yet.

Mr. Wright said that if the wildlife isn’t affected by traffic and boats, then the wound of the music shouldn’t make a difference.  He said that animals learn to adapt. 

Mr. Healey asked if Conservation is happy with the plan for the proposal.  Ms. Holmes said she is very happy with the trench around the pavilion. 

Ms. Holmes said the other concern they had was that all agencies should be endorsing the project and the Fells have done that. 

Ms. Fichter read a portion of a letter written by Reed Gelzer.  The letter in its entirety was not read, but a portion of the following letter was read at the meeting:

 

(still waiting for letter from Reed)

 

Ms. Cockerill asked Mr. Blohm asked if there is anything different that The Fells would be doing music-wise, and he said no.  The Fells already has amplified music.

Mrs. Fichter asked how many weddings they currently have at The Fells.  Mr. Blohm said about 12.  Mrs. Fichter asked how many weddings they anticipate with the new renovations.  Ms. Warren said there will only be about three more weddings per year since the wedding season is only from June-October anyway due to the weather.

Mr. Fichter asked if The Fells could put on restrictions as to how many events they hold per year.  Mr. Blohm disagreed.  He said it would not make sense to set restrictions since there are so many different types of events that are held there and that there is only a limited amount of weddings they can hold there anyway.

Ms. Holmes stated that Mount Sunapee holds about two weddings per year.

Mr. Healey closed the public portion of the hearing. 

 

Mr. McWilliams asked about the second paragraph in the letter that the Board received from LCHIP.  The letter that was distributed to Board members was as follows:

 

Mr. McWilliams asked a question regarding paragraph two of the above letter.  He asked about clarification about the pavilion being blocked from view from the main house and gardens.    Mr. Cummings discussed the hedges that surrounds the existing nursery.  Mr. McWilliams was wondering if there was additional landscaping or existing landscaping.  Mr. McWilliams said that when they were at the site visit, he noticed there is very little coverage and was wondering if they might consider some more screening with other plantings.  Mr. Pellettieri explained that the current screening is low due to the deer eating it.  Mr. Cummings said that with deer protection, it will eventually

Mr. Healey asked Mr. Weiler if he thought the lighting was compliant with the ordinances and Mr. Weiler said yes. 

Mr. Mauer asked about the design of the parking lot.  He asked if someone will be having designated parkers to help with the event.  Ms. Warren said yes, there will be parkers to direct people.

Mr. Healey asked a few questions.  Mr. Healey asked if there are any other projects coming down the road.  Mr. Blohm said that the only other thing that might come along is a children’s garden.  Mr. Healey said that one of the things that was addressed by the Zoning Board hearing was that the activities on the property must receive approval and oversight from seven organizations.  When Mr. Healey asked about the oversights of these organization for this particular project. Mr. Bashaw said that there is only one that is necessary because the project was changed.  Mr. Healey said that there is only one agency out of the seven that is now historical easement on the property, they have the final say on the project.  He said concerns for this project include use, proximity, design, size and the justification as well as impact to the neighbors.  Mr. Healey said that he feels that it is the job of the NH Division of Historical Resources to state whether this organization backs this project.  Mr. Healey wants a final letter from the NH Division of Historical Resources.

Mr. Healey asked if the Board needs more time.  The Board members said ‘no.’

Mr. Healey made a motion to approve The Fells application for the new lower parking lot, events pavilion and relocation of nursery subject to the following conditions precedent:

The Board to receive written final approval from NH Division of Historical Resources within 90 days. 

NH DES to submit a new septic permit within 90 days.

Alteration of Terrain permit from NH DES within 90 days.

Four full sized of complete sets of approved engineering plans within 90 days

 

 

 

 

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

 

Conceptual Review – Subdivision/Annexation

Alexander Kish – Tax/Map # 006-258-342 – 312 Bay Point Road

Mr. Healey said that Mr. Kish wishes to subdivide his lot.  Mr. Healey said that this lot was brought to the Planning Board on July 21, 1998 and that it was ruled that this lot had a restriction placed on it that indicated that this lot shall not be further subdivided.  The lot in question was shown on the monitor.    Mr. Healey said there is a subdivision plan on this lot filed in 1998 signed by the planning board.

Mr. Healey asked Mr. Kish if he had any other information to share with the Board since this was a condition of the subdivision approval.  Mr. Kish said that he felt it was only a suggestion, but that there was no requirement that it was put in place.  He feels that this was an error.  Mr. Healey said this is what was filed with the Registry of Deeds.  Mr. Wright said it was a suggestion that the applicant agreed to and then was registered.  Mr. Healey said that it was a registered lot that cannot be further subdivided.

 

Other Business

 

Mr. Healey said he wanted to talk about CIP.  The Planning Board is responsible for the CIP and it is an annual effort by the Planning Board and largely done by a subcommittee.  He explained that there is an at large member, a Board of Selectmen member and two Planning Board members.  Mr. Healey explained that it takes about two to three meetings at most.  He would like Mr. Mauer and Ms. Cockerill to consider.

They both accepted the positions.  Mr. McWilliams said for them to stop by Tiffany’s office to get the current CIP. 

 

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

 

Meeting adjourned at 9:24 p.m.

 

Respectfully submitted,

 

 

 

Donna S. Long

Recording Secretary

 

 

 

 

 

 

 

 

 

 

CIP

Thayer/Goodard Deeds

Conditional Use Permit Form

 

 

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

 

The meeting adjourned at 8:48 p.m.

 

Respectfully submitted,

 

 

 

Donna S. Long

Recording Secretary