Planning Board Minutes

Planning Board

July, 17 2018

Final

Approved August 21, 2018

Members Present:  Bruce Healey, Chair; 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:

The Board reviewed the minutes from May 15, 2018.  Corrections were made.  The minutes were not accepted.  Once Mr. Healey receives an additional document to be placed in the minutes, the recording secretary will update and the Board will review again.

The Board reviewed the minutes from June 19, 2018.  Corrections were made.

Mr. Weiler made a motion to accept the minutes of June 19, 2018 as corrected.  Mr. Smith seconded the motion.  All in favor.

PUBLIC HEARINGS:

7:15 p.m. – Case 2018-008 – Conceptual Site Review – SP Construction – 1387 Route 103 – Tax/Map# 007-319-105

Edwina Schurkamp and Steve Landrigan approached the Board to discuss a Change of Use for the above property.  Ms. Schurkamp explained the location will be a meeting area for medical talents in the area and will help build the talent pool.  Mr. Landrigan said that it would be an administrative computerized service business with the potential for use as a meeting space. 

Mr. Healey inquired about signage.  Ms. Schurkamp said there will be minimal signage since everyone that needs to go there will already know where it is.

Mr. Healey also asked about parking.  Ms. Schurkamp said that not many cars will be parking at this location.

Mr. Weiler said they will need to do a Minor Site Plan Review.  Mr. Landrigan asked why this would be necessary since this will be a low impact use in the building.  Mr. Weiler said that every time a business changes the use, it changes the site plan.  Mr. Healey agreed with Mr. Weiler.  Mr. Healey explained that since they are changing the use from retail sales to office space, Mr. Landrigan will need to submit a Minor Site Plan Application.  Mr. Healey said that he will need to submit the Minor Site Plan Application within three weeks of the meeting that it will be reviewed.  Mr. Landrigan asked what he needs to submit.  Mr. Healey told Mr. Landrigan to ask the land use coordinator to look at his current site plan for the property.

Mr. Landrigan will file the Minor Site Plan Review and attend a future Planning Board meeting.

Other Business

Adopt Form for Application for Final Approval for the Conditional Use Permit for Development in a Wetland Buffer

Mr. Healey distributed the updated application with corrections.  The Board reviewed the changes.  Mr. Wright made a motion to accept the changed application.  Mr. Smith seconded the motion.  All were in favor. 

Sign Regulations for Earth Excavation

The Board signed the newly adopted Regulations for Earth Excavation.

Memo to Code Enforcement Officer

Mr. Healey discussed a situation that arose with a Willow Pond/Gap Mountain Drilling sign that was approved by the Code Enforcement Officer.  Mr. Healey said this sign should not have been approved due to three reasons: 

First, signs are permitted in two places – on premises and off premises.  The sign in question is off premises, however, the only signs allowed off premises are real estate signs.

Second, the regulations specifically states that signs shall be limited to those which advertise goods, services or products manufactured or offered for sale on the premises.  Gap Mountain Drilling is not operating on premise, nor has been approved for business in Newbury.

Lastly, the sign is a permanent free-standing sign.  Businesses are allowed one free-standing sign, and this business already had a free-standing sign located on presmises.

Mr. Healey would like to write a letter to the Selectboard to address this issue.

Mr. Smith told Mr. Healey to submit the letter before next Monday’s meeting so they can discuss this topic at the upcoming meeting.

Mr. Maurer had a few questions regarding placement of real estate signs.  Discussion ensued. 

Mr. Weiler explained that signs, under the law, have the same properties as a house. He explained that even though a business might go out of business, the sign can still stand. For example, if a business goes out of business, the structure of a sign has to be abandoned for two years before it can be required to be taken down.  People have rights to their signs as long as they want to keep their sign unless they are abandoned. 

Water Wells in the Zoning Regulations

Mr. Healey discussed water wells.  He said there is no permit needed to put in a water well. Mr. Healey said that he went through the zoning regulations and said that wells are defined and exempt from setback requirements in the business and residential sections of the regulations.  They are also exempt or excluded from a definition of a structure in the regulations.  He said there were some regulations on wells in section 3.8 in the area discussed and are protected if there is any municipal spreading of sewage sludge.  Wells are also included in a 25 ft. setback of a burial site.  Wells also do need to be located in the building envelope.

Mr. Healey said that in the shoreland, if a repair or install of a water well, there needs to be approval from the Zoning Board.  If a property owner is doing a repair or installation in the entire shoreland, you are required to submit plans for temporary erosion control.  Mr. Healey asked everyone to look at 5.9.1 in the zoning regulations.  He then asked everyone to go to 4.6.  He says that these regulations should be consistent and right now they are not.  He explained that both should say wells and well coverings.

Mr. Healey showed some photos of a company that put in a well too close to the shoreland, and showed the results of what happened.  Mr. Healey asked everyone to look at 7.10 in the zoning regulations.  Mr. Smith said that there is also a reference to Article 21.4.4 under Stormwater Management.

Mr. Healey asked the Board that if a resident is going to install a well that they should be required to get a permit.  Mr. Wright said he agrees with a permit needed for the shoreland area.  Mr. Healey asked if there should be a clear process for the Code Enforcement Office.  Mr. Smith said he thought that was a good idea.  Mr. Healey asked if abutters should be made aware if someone is digging a well.  Mr. Smith and Mr. Wright said they did not feel that was necessary.   Mr. Healey asked if we should draft something up for an amendment.  Mr. Smith and Mr. Wright agreed.  Mr. Wright said he would like the amendment to include that wells need to be at least 75 feet from the road and at least 75 feet from any existing septic.

Mr. Maurer voiced some concerns about this new amendment affecting Blodgett’s Landing.  Mr. Wright said that Blodgett’s Landing has their own regulations.  Discussion ensued. 

Master Plan – Planning Board Action Items – Implementation – High

Discussion did not take place regarding the Master Plan.  It was decided that to table this discussion to a future meeting.

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

The meeting adjourned at 8:51 p.m.

Respectfully submitted,

Donna S. Long

Recording Secretary