TOWN OF NEWTON, NEW HAMPSHIRE
NEWTON PLANNING BOARD
PUBLIC HEARING
June 14, 2005
1. CALL TO ORDER
The Chairman called the meeting to order at 7:12 PM, declaring a quorum of six members present. The meeting was posted in two town locations: Newton Post Office and Newton Town Hall and was published in the May 31st edition of the Carriage Towne News.
2. ATTENDANCE
The following members were present:
Mary M. Allen – Chairman
James Doggett
Elliott Estey
Norm Harding – BOS ex-officio member
Ann Miles
Kim Valliant (alternate)
3. Breeze Realty Trust (04SP005)
Public Hearing
Puzzle Lane – Non-Residential Site Plan Application Review Continued
This was a continuation of a Public Hearing to consider the request of Breeze Realty Trust for a Non-Residential Site Plan Application Review for property located on Puzzle Lane, Newton, NH, Map 14, Block 1, and Lot 27-2. A technical review had been conducted by Dennis Quintal, Eric Weinreib of Altus Engineering and James Doggett, Planning Board member. Copies of the minutes from the technical review were distributed to all board members. The drain manhole will be changed to a catch basin and the portion of the island that Mr. Estey had expressed concern about will be removed. There will be a denser configuration for the landscaping and a note will be added for the types of trees to be planted including height and spacing.
o Sheet #5 - The maintenance of drainage structures and the pond.
o Sheet #6 – Landscaping
o Sheet #8 – Lighting Plan – Detail has been added and there will be minimum security lighting.
o Sheet #1 – Note #7, Clearing – The owner’s responsibility to identify property lines and buffer zone was added.
Motion made by _____ and seconded by _______ to conditionally approve the plan for Breeze Realty with the following conditions:
· State Site Specific Approval and number to be added to the plan.
· Professional Stamps added.
· Final Mylar to be received
· Ms. Robinson and Mr. Weinreib’s approval to be received with Mr. Quintal sending final copy to them.
The conditional approval is pending advice of legal counsel with review of the pending litigation (hydrogeologic study). The motion passed 5-0-1, with Mr. Estey abstaining.
Motion made by Mr. Doggett with a second by Mr. Harding to have the Chairman sign the mylar for Durgin Fields, Map 10/Block6/Lot 1 at 2 Bear Hill Road and Amesbury Road. The motion passed unanimously.
Motion made by Mr. Harding with a second by Mr. Doggett that once the mylar has been signed the building permits should be issued with a letter from the Newton Planning Board to be sent to all departments that the plan had been signed and recorded. The motion passed 5-0-1, with Mr. Estey abstaining.
There was some discussion regarding Puzzle Estates with Mr. Coleman McDonough and Mr. Robert Breault present to discuss a preliminary plan with the board. The board said that it would not entertain further development on-site until the six conditions had been met with the first three required for future development.
Mr. Harding and Mr. Estey were adamant that Howard Lane could not be used for anything including:
· No truck traffic in or out.
· This is a residential area.
· No logging trucks.
It was stated that the knoll area had been dug out. The board was told that this would be filled. With regard to the “Intent to Cut” it was stated that it was assumed that there was a certified logger involved. It was stated that there were currently two egresses to this property. It was also stated that conditions of the plot would not be discussed with either Mr. McDonough or Mr. Nichols because of current litigation.
A motion was made by Mr. Estey with a second by Mr. Doggett to have a brief overview of the conceptual plans. The motion carried unanimously.
Currently Ravensburg is the existing building with a proposed industrial building across the street and to the right of it. There were concerns about parking within two-hundred feet of a vegetative buffer and there was still a hydrogeologic study outstanding. The complete list of the six requirements to be met is as follow:
1. Hydrogeologic Study
2. Traffic Study
3. Sound Study
4. Overall Master Plan
5. High Intensity Soil Survey
6. No use of Howard Lane
It was suggested that once the board was in receipt of the Master Plan for the entire site there should be a work meeting with Altus and color-coding was suggested and then there could be a preliminary or conceptual meeting with the board on July 12, 2005. There was some hesitancy about having a discussion at this point in time because of the outstanding legal issues.
A development agreement for site improvements was presented by Ned Nichols. The Chairman stated that this would not be discussed to the on-going litigation.
The Board directed its Administrative Assistant to send a memo to the Board of Selectmen requesting a meeting with Mr. Donald Richards, Road Agent Frank Gibbs, Altus Engineering, Planning Board and Selectmen concerning the Peaslee Crossing Road and Smith Corner Road development. Mr. Estey did not think that there should be a quorum of any board represented.
Motion made by Mr. Doggett and seconded by Mr. Harding to have the Altus agreement for the Peaslee Crossing Road and Smith Corner Road development signed by the Chairman. The motion passed 5-0-1, with Ms. Miles abstaining.
Correspondence was received from Mr. Robert C. Marchand of 19 Whittier Street regarding activity on-site at CBI including loud wood chippers and the possible filling of wetlands. It was the consensus of the board (with the exception of Mr. Estey) to send a response to Mr. Marchand that the Board of Selectmen, as the enforcement officers of the town, would be given the information that he provided as well as the file for CBI. Ms. Miles suggested inviting Mr. Marchand in before the board to explain what is happening at CBI.
A letter was received from Denise Gauron of Century 21 Family Real Estate asking on behalf of her clients if it would be possible to have a “doggie day care” at 4 Lincoln Road in an existing tri-level barn. There would be a maximum of twelve dogs with some overnights that would not involve caging or kenneling of the dogs. After review of the zoning, the board determined that this was not a permitted use in the Residential “A” zone inasmuch as the intent was considered a commercial enterprise. The board’s administrative assistant was directed to send a letter to Ms. Gauron, reflecting the board’s decision and referencing #3 of the General Provisions of the Zoning Ordinance.
Motion made by Mr. Doggett with a second by Mr. Harding to issue building permits for Durgin Fields. The motion passed 5-0-1, with Mr. Estey abstaining.
A memo will be sent to Mr. DiBartolomeo reflecting the vote of the board regarding Durgin Fields.
There was discussion initiated by Ms. Cockerline, requesting time at the July 26, 2005 work session to review board policies and procedures. She stated that she was still unclear about some of them such as materials to be sent to the members. Mr. Doggett suggested that she review her job description. Ms. Allen stated that copies were to be made of everything except bills and either mailed, delivered or e-mailed to the members on the Friday prior to the meeting.
Ms. Allen informed the board that the administrative assistant had answered a telephone inquiry that day in the office and she hoped that the assistant would never answer such calls in the future. Ms. Cockerline explained it was a gentleman inquiring the amount of frontage a particular lot had. The board instructed her to not answer any types of questions either by telephone or in person. Ms. Miles suggested that she keep a log of such visitors and callers. Mr. Estey stated that because of past issues, the secretary should tell people that she did not know the answer and the inquirer would have to come before the board. He said that people with questions should hire an engineer, pay their fees and come before the board. Mr. Harding suggested that as more time passed and the board got to know Ms.
Cockerline, this decision could be changed.
Ms. Allen stated that there was a manifest for paying current bills that included the telephone bill ($60.80) and NPREA charges for Ms. Robinson ($382.50).
Motion made by Mr. Doggett with a second by Mr. Estey to pay bills as presented on the June 28th manifest. The motion passed unanimously.
Mr. Harding stated that the Board of Selectmen would be hiring an auditor to audit the Planning Board books and the cost would be $100.00 per hour.
The meeting was adjourned at 9:15 PM.
Respectfully submitted,
Sally E. Cockerline
Administrative Assistant
Newton Planning Board
*Minutes transcribed via notes provided by Ms. Valliant. Audio tapes were blank.
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