Newton Board of Appeals
P.O. Box 378
Newton, N.H. 03858
MINUTES: Meeting of Tuesday, April 15, 2014
CALL TO ORDER at 7:30 PM by Chairman Tom McElroy
ROLL CALL: Chairman Tom McElroy, Vice-Chairman Alan French, Jack Kozec,
Alternate Michael Connolly
Absent: Dana Allison, Bradley Cardoso, Alternate Ken Pelletier
Mr. Connolly was made a voting member.
Also in attendance: Attorney P. Parry ( Merrimac, MA), David Constantino (Legends Baseball, LLC), Scott Frankiewicz (Brown Engineering & Surveying, LLC, Northwood, NH), Abutters and interested citizens: Cherie Berry, Matt Clohecy, Charlene Becht, Lynne Jeffries, Stephen Becht, Frank Gibbs. Property owner: Coleman McDonough.
ACCEPTANCE OF MINUTES:
Meeting of March 25, 2014. A motion was made by Mr. Kozec to accept the minutes as written. Second by Mr.French. All in favor. Motion carries.
APPLICATION REVIEW:
Attorney Philip Parry of Merrimac, MA, representing Legends Baseball, LLC, in a proposal to construct a baseball facility and training center proposed by owner, Mr. Coleman McDonough and Mr. David Constantino, for property on Puzzle Lane in Newton (Map # 014-01-027-3). Lot 027-3 is Parcel A on a subdivision plan of land entitled “Puzzle Estates Subdivision off South Main Street (NH Route 108) Newton, NH. This is a changed plan and a re-orientation of fields.
This parcel is 31.08 acres on a plan of land entitled “Overall Site Layout Plan” prepared for: Legends Baseball, LLC, 3 Ajootian Way, Middleton, MA 01949 by Mr. Scott Frankiewicz. Legends Baseball, LLC is proposing to construct a “Baseball Facility and Training Center” which would include 4 baseball fields with appurtenances & parking. The issue is structures within the 200 foot setbacks. The Planning Board had previously determined on the “Preliminary Proposal” that the proposed structural setbacks in that conceptual plan did not conform to the dimensional requirements of the Town of Newton Zoning Ordinance Section XXV, Paragraph 1 – Light Industrial/Commercial Zone Area Regulations, Location on Lot.
There was no decision on whether it is or is not “permitted use”. This is considered a commercial project. It abuts a Residential Zone. Buffer release is needed as well as structure release.
Mr. McDonough explained that there is a new road going to the property. The road, which is off Route 108, has been relocated, but will be built to Town requirements. It will serve as a 24’ access to phase 2 on the overall layout site plan. The road has not yet been approved.
Mr. Scott Frankiewicz, the new engineer, addressed the Board, and answered a few questions.
The Board explained that they needed to see measurements on the plan itself, or color or labeling on the plan. This would make it easier to relate to each and every one. The provided list of variances, provided by Attorney Parry, was too complicated, and the Board members were not able to locate areas. There are 19 variance requests (page 3 of 5 page plan). However, the dimension areas were not on the plan and there was nothing on the plan that denoted North, South, East or West, yet these were used in the variance requests.
The Planning Board has not yet seen the new plan. The Board needs a denial from the Planning Board.
It was noted that the new “overall site layout plan” was 1”=100’, not the required 1”=20’. A motion was made by Mr. French to accept this scale on sheets 1 and 2, of the plan Job#4867-01 by Brown Engineering. Second by Mr. Kozec. All in favor. Motion carries.
Mr. Steve Becht asked about the road being constructed. Was the cul-de-sac temporary, new? Or part of the original plan? Mr. McDonough told him that it was part of the original plan.
Lynne Jeffries of Ridge Road in Plaistow, inquired about the lighting.
Mr. Kozek asked Mr. Constantino to tell the abutters about the times and usage of the proposed fields. Mr. Constantino told the group that their season ran from the first week of April to the end of October. During the school year, the schedule was 3pm to 7:30/7:45pm. On Saturdays and Sundays, they would begin at 8 am. During July and August, there would be tournaments, which would begin at 8am to 7:45pm. September & October, since the days are shorter (dark earlier) usage would end earlier also.
Mr. French asked about lighting and noise… Little lighting since it was a daytime activity, and noise at a minimum so that players in one field would not be disturbing anyone in other areas.
Mr. French again suggested color, or numbering items on the plan.
Mr. Clohecy asked about the gas lines. These would not affect anything. They are a pre-existing utility.
Discussion on bleachers (20-25 people per), standing room, islands in the parking lot (88’ from property line), pavement 64’….
Mr. Frankiewicz told the Board that he could possibly get all the measurements in a plan that was at the 40’ scale, but no larger.
This Board does dimensional variances, the Planning Board deals with wetlands, or anything outside 200’
Another reminder that the next step would be the Planning Board. There is need of a denial before they come back here.
The Applicants feel that they could come back for a Public Hearing next month. They are told that the Application deadline (maps, measurements, variances, denial, etc.) are due May 8. This is the latest, as the legal ad must be in before noon. The publication date May 13, 2014.
Discussion with Mr. Gibbs.
NEW BUSINESS: The price of advertising has gone above the amount requested in the Application. There is need for an increase. Suggestions: increase to the ‘market price’? 12 month flat rate? Adjust cost once a year?
Mr. French made a motion to raise the legal ad fee to $110.00 to cover the advertising costs incurred. Second by Mr. Kozec. All in favor. Motion carries. Mr. French requests that a letter be sent to the Selectmen to advise them of the need for an increase. All in favor.
Election of Officers: Mr. Kozec makes the motion that we keep the same officers: Mr. McElroy, Chairman, and Mr. French, Vice-Chairman. Second by Mr. Connolly. All in favor
It was noted that the new “overall site layout plan” was 1”=100’, not the required 1”=20’. A motion was made by Mr. French to accept this scale on sheets 1 and 2, of the plan Job#4867-01 by Brown Engineering. Second by Mr. Kozec. All in favor. Motion carries.
. Motion carries.
OLD BUSINESS: None
ADJOURNMENT: A motion was made at 8:45 PM by Mr. Kozec to adjourn. Second by Mr. French. All in favor! Motion carries.
Next meeting will be Tuesday, May 20, 2014 at 7:30 PM.
Respectfully submitted,
Jeannette Clark, Secretary
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