TOWN OF NEWTON, NEW HAMPSHIRE
NEWTON PLANNING BOARD
PUBLIC HEARING
August 9, 2005
1. CALL TO ORDER
The Chairman called the meeting to order at 7:05 PM, declaring a full board seated. The meeting was posted in four town locations: Newton Post Office, Newton Town Hall, Newton Junction Post Office and Rowe’s Corner Market. There was no challenge to the legality of the meeting.
2. ATTENDANCE
The following members were present:
Mary M. Allen - Chairman
Elliott Estey – Vice Chairman
James Doggett
Norm Harding – BOS ex-officio member
Rich LeClair
Ann Miles
Kim Vaillant
Also present:
Jill Robinson – RPC planner
Sharon Cuddy Somers – Board Counsel
3. APPROVAL OF PAST MEETING MINUTES – JULY 12 & JULY 26
The Board reviewed the minutes of July 12 & July 26.
Motion made by Mr. Doggett with a second by Mr. LeClair to approve the minutes of July 12, 2005 as written. The motion passed unanimously.
Motion made by Mr. Doggett with a second by Mr. LeClair to approve the minutes of July 26, 2005 with the following amendments:
o Page 1, strike line 3 in Section #3, Paragraph #1.
o Page 2, Technical Review, change “decide” to “suggest” in second line because the board does not have the arbitrary ability to decide.
The motion carried with a vote of 6-0-1, with Mr. Estey abstaining.
4. Expense Manifest
An expense manifest for August was presented to the board with expenses from the Operating Budget totaling $2,319.67 and expenses to be applied to NPREA totaling $16,616.49.
Motion made by Mr. Doggett with a second by Mr. Harding to permit the Chair to sign the manifest as presented. The motion passed unanimously.
Ms. Miles said that she would like developers to received copies of the bills paid. The administrative assistant explained that no invoicing was being done until the audit was completed. Ms. Allen suggested sending copies of bills received to each applicant so that they would be aware of their expenses.
While reviewing the manifest, Mr. Doggett suggested that a copy of the DTC billing format be sent to Altus.
Motion made by Mr. Doggett with a second by Mr. Estey to send a copy of the DTC billing format be sent to Altus. The motion passed unanimously.
Mr. Doggett was shown the billing by Altus, which was similar to that of DTC.
5. Home Occupation Use for Sandra A. Erickson, 2 Bear Hill Road, Tax Map 10/6/1
Ms. Erickson appeared before the board accompanied by her mother Ms. McClain. Ms. Erickson stated that she currently operated a dog grooming business in Plaistow and was purchasing the property at 2 Bear Hill Road in Newton. She said that her hours were from 9 AM – 5 PM, and two half-Saturdays per month. She said that she groomed 4-5 dogs per day. Mr. Doggett said that he knew what the building looked like and asked where the grooming would take place. Ms. Erickson said that it would be in the barn and that temporary cages would be used but there would be no kenneling or boarding. She said that she generally stayed away from large aggressive dogs but did groom one elderly pit bull that was very gentle. Mr. Estey asked what the size of the work area would be and Ms. Erickson replied that it was
16’x26’ (416 square feet) and did not encompass the entire shed. She said that she had two tables, temporary cages, tub and linens. There were no employees other than her. She explained that she washed, groomed and dried the dogs; there was no cutting or chemicals used. Mr. Estey said that there could be no outside storage or equipment or dogs. Ms. Allen said that the board had no issues with this business. Ms. Miles said that she would have a problem with expansion.
Motion made by Ms. Miles with a second by Mr. Doggett to approve the pet grooming use only at 2 Bear Hill Road and overnights were not permitted. The motion carried unanimously.
Mr. Estey said that he agreed with Ms. Miles and he had an issue with the fact that specific language was omitted. Mr. Doggett said that he believed the motion was correct and if there was any expansion, it would be a violation of the ordinance and the approval. It was decided that a Notice of Decision would be prepared for signing by both the applicant and the Planning Board Chair and it would include that there would be no expansion and the permitted use must meet all of the provisions of the Home Occupation Ordinance.
Motion made by Mr. Estey with a second by Mr. Harding to notice the Building Inspector regarding this use. The motion carried 6-0-1, with Mr. Doggett abstaining because he felt that the motion was redundant.
6. Fitz Realty Trust (04SU008) - Public Hearing – 18 & 18A Smith Corner Road – 43 Unit Elderly Cluster Development Application Review Continued
This was a continuation of a Public Hearing to consider the request of Fitz Realty Trust
for a 43 Unit Elderly Cluster Development Application Review for property located at 18
& 18A Smith Corner Road, Newton, NH, Map 7, Block 4, Lot 5 and Map 7, Block 4, Lot 5-1. Dennis Quintal of Civil Construction represented Fitz Realty. The board had not received a report from Altus Engineering. Mr. Quintal provided of the previous meeting for the board. He stated that he was now presenting a slightly different layout than at the previous meeting. He showed that 46-one-bedroom units were now proposed arranged in quadplexes. He said that two of three waivers had been granted and he had not yet received any further information regarding the third waiver request. He said that he was just about finished with the requirements and he was requesting the final paperwork so that he could submit to the planner, engineer and the board’s administrative assistant. Ms. Robinson
suggested that he send what he had to her and the engineer with copies to the board. A full package had never been received by either the engineer or the planner and there had not been follow through because there might have been changes. Mr. Quintal said that the road was 900’ to t he beginning of the cul-de-sac.
Mr. Doggett asked about possible future expansion. Ms. Miles stated that when this was initially approved, there were 43 units and now there were 46 and there could be no more and it could not be continued. She asked if her statement was correct. Mr. Quintal said that it was not continuing but the applicant could re-apply in the future for such. Mr. Doggett said that there was a waiver for the road width. Mr. Harding said that it was the same as it was for Sargent Woods, which was for 80 units.
Ned Nichols wanted to be sure that the buffering issue had been addressed and he said that changing the number of units changed everyone. Mr. Fitzgerald asked Ms. Robinson if she had received the plans that had been sent four months prior. She replied that she had not received them. She asked if the increase in units would translate to offsite impacts and asked if this had been addressed by Mr. Weinreib.
Mr. Harding explained the Selectmen’s procedure for senior dwellings as set forth by warrant article. He said that the Selectmen certified the number of single family dwellings and then 10% of that number (1460) was the number permitted for elderly (146). Ms. Robinson asked when this was calculated and Mr. Harding replied that it is done once a year. Ms. Somers asked how this was done in other communities and requested examples to establish a methodology. She said that this would need further discussion. Mr. Quintal said that if responses were received from Mr. Weinreib and Ms. Robinson, he would be willing to meet with the Technical Review Committee. Mr. Doggett suggested that Mr. Quintal contact the Chair at a later time because she had to choose the TRC.
Motion made by Mr. Doggett and seconded by Mr. Harding to continue this public hearing until October 11, 2005.
7. Breeze Realty – Mylar signing
Because of impending litigation, this action was canceled. Ms. Somers said that there were two lawsuits pending and there was some division as to what could and could not be done with previously approved site plans. Other lots that have submitted a non-residential site plan review application could go forward.
Mr. Quintal said that Mr. Nichols was present and the hydrogeologic study had been discussed and his client (Mr. McDonough) was willing to install monitoring wells but they would like to make some progress at this meeting. Ms. Somers said that she would suggest the parties have a discussion to perhaps resolve the issues but she was not comfortable saying that it could be done this evening.
8. Board Discussion
Ø Jill Robinson – Update regarding hydrogeologic information and other pertinent information.
Ms. Robinson stated that the discussion had been rescheduled to August 12. Ms. Allen asked if this was for more than Lot #1. Ms. Robinson stated that she would be requesting impacts per site. Ms. Somers suggested that the intent was to meet with the hydrologist and ask how to structure separately and as a whole. Ms. Allen asked about wording for the work session agenda. Ms. Robinson said that she would write a summary that included recommendations.
Ø Technical Review Committee (TRC)
Ms. Somers suggested that the TRC focus on required studies with direct and cumulative surrounding sites. Traffic, hydrogeologic and maybe noise assessment could be looked at. She said that they should look at possible needs and usefulness. Ms. Allen asked for volunteers to serve on the TRC until the end of November and it would include department heads and Planning Board members. Ms. Somers reiterated what the TRC needed to do and added that they needed to provide the “marching orders” for the applicants.
Ms. Miles said that if there were people willing to volunteer, they should begin. She said that she was concerned that this light industrial project was not moving. Ms. Robinson said that the purpose of the TRC was to get Planning Board members involved and there would be no effect on comments provided by Mr. Weinreib or her. She suggested that the board not micro-manage this process and it was non-binding for guidance only. Mr. Doggett said that there were three volunteers and Ms. Somers questioned how to set this up and how to use resources to move forward. She suggested that if there were volunteers, this could be used as a beginning and then formally adopt a methodology as to how the TRC would functions. She said that the current situation lacked formal force or effect. She
suggested soliciting comments from departments but have not meetings as such; conduct preliminary discussions with the department heads. Ms. Robinson suggested that the TRC submit a Report of Recommendations. Ms. Somers said that when the committee was set, there would need to be noticing and minutes. She suggested a cursory review until the committee was formally established. Some different scenarios were discussed as to how to review without an official meeting. Ms. Somers said that she was sure the members had the best of intentions but they were discussing issues that were dangerously close to the perception of a meeting. She suggested looking at the plans individually and speaking with department heads individually and report opinions at the next scheduled Planning Board meeting. Mr. Estey disagreed saying that the present method was fine and questions could not be asked. Mr. Harding asked about other board that had this process. Mr. James Lavelle said that a number
of towns had the department heads meet with one planning board member, an appointed representative and the information collected was forwarded to the Planning Board. Ms. Somers said that the problem was that this committee was not set up yet. She said that the board needed to decide if and how to do so. Ms. Miles said that this should be further discussed at a work session.
Ø Scheduling a Technical Review and Public Hearing for 125 Development Corp for Tax Map 14/1/27-1
Mr. Matt Peterson of Woodland Design Group said that this should have been scheduled for public hearing tonight and the board was just pushing it off. He said that it was submitted on time. Mr. Estey asked for clarification as to why this had not been scheduled. Ms. Allen said that there had not been enough time and the assistant did not have the authority to schedule it. Mr. Estey said that the former secretary had always just scheduled. It was pointed out that the former secretary had been a member of the board.
Motion made by Mr. Doggett with a second from Mr. LeClair to schedule the application from 125 Development Corp for Tax Map 14/1/27-1 for public hearing on September 13, 2005. The motion passed 5-0-2, with Mr. Estey and Ms. Miles abstaining.)
Ø It was announced that there would be a compliance hearing for White Fences Development on August 18, 2005.
Ø Design Review for Scott Boches for property located at 65 Peaslee Crossing Road.
Mr. Lavelle presented the plan and the board requested the impact on the abutters. The road width was proposed at 50’.
Ø Scheduling for public hearing regarding two warrant articles:
Adding the words “construction debris” to the Stump Burial Ordinance Revisions to the Home Occupation Ordinance
Ms. Allen said that she had been advised that it was too soon per statute to be scheduling a public hearing for this. Mr. Doggett suggested that there be a list of changes to be made.
Ø Master Plan – Puzzle Estates
Robert Breault, representative for 125 Development Corp. presented a conceptual of the Master Plan for Puzzle Estates. Ms. Robinson said that she was glad to receive it and would review it. Mr. Quintal will deliver six copies to the board who will review this at the work session.
Ø Information from Altus regarding Leo LaRochelle and the completion of George’s Way.
A letter was received from Fire Chief Ingalls, in which he approved of the cistern on-site. Updated information was received via e-mail from Altus Engineering. Terry Trudell said that he had spent time reviewing files at the Planning Board office. He provided the history of the site. He said that the last bond reduction had been in February 2003 and that one had been requested November 2004 but never done. He said that a letter had been sent to the board in April but a reply had never been received. He said that the request would be re-written and they would like to be on the September agenda. The bond reduction will be just for Phase III. There was some discussion about scheduling this for September. Mr. Estey said that the board could not commit Altus to having the
report ready and that the report from Mr. Kerivan was for the entire project. Ms. Miles said that Altus should break out the reports per phasing. A letter to the file from the former secretary dated April 1, 2005 was read.
Ø Storey Walking Paths
A letter from Mr. Kaiser, regarding the walking paths was received and read into the record. Mr. Estey said that he would like the Road Agent to review. Mr. Trudel explained that because of the drainage swale, the 4’ walking paths, as proposed would be difficult and illogical to do. Mr. Storey was willing instead to contribute the monetary worth of these paths to the town instead. Ms. Robinson said that the board had asked for trails and the plan had been approved with such. She said that she felt that the development had been constructed so that these would not work and she asked why these were not designed together. She said that to now eliminate them was ridiculous and the purpose had not been to receive money but to provide a place to walk.
Ø Consider re-opening the public hearing for Jacob’s Way.
Ms. Miles stepped down for this discussion. Ms. Allen said that she thought that if there had been changes to the pond at Jacob’s Village, the board would need to re-open the public hearing because distance to the road needed to be shown and abutters needed to be notified. She said that changes to the pond meant changes to the plan. Mr. Doggett said that this had been brought forth the previous month by Mr. Quintal. Ms. Robinson agreed that the abutters needed to be notified. Mr. Doggett said that water at this location was expected. Ms. Allen said that the house across the street had a spring. Mr. Estey said that an as-built plan or beyond was needed and if the intent had changed, the plan had changed. Mr. Quintal said that it was supposed to be a stormwater
detention pond but at the time of design, he had been unsure. After construction began it was changed to a retention pond. The area was smaller and deeper. The drainage design is unchanged. It will be fenced and probably policed by the neighbors.
Ø Country Pond Fish and Game Club
An updated letter was received from CPF&GC requesting a site walk. Mr. Harding and Ms. Vaillant will visit the site on August 15 at 3 PM.
A letter regarding a doggy daycare business was received for either Bear Hill Road or Felicia Drive. There would be twenty dogs per day and some overnights.
Motion made by Mr. Doggett with a second by Mr. LeClair to notify the author of this letter that this is a commercial enterprise and was not permitted in the Residential “A” zoning district. The motion passed unanimously.
TBG Grant
Miss Robinson reminded the board that the TBG grant was due to RPC by August 19, 2005. The board would be asking for the Visioning Chapter of the Master Plan to be updated, updated Stormwater Management Regulations and an updated wetlands map (request of the Selectmen’s office). She asked for authorization to write the grant request with Ms. Cockerline.
Motion made by Mr. Doggett with a second by Mr. Harding to allow Ms. Robinson and Ms. Cockerline to write the request as stated for the TBG grant. The motion passed unanimously.
Procedures
Ms. Robinson said that she wanted to work with Ms. Cockerline to develop forms and tighten-up current procedures. Ms. Allen said that she would like to have a special form for the Road Agent. She relayed an issue with the piping at Pond Street and Whittier Street for Overlook Road and it had been done incorrectly. She said that the form would be for Mr. Gibbs to sign off on the road prior to the issuing of Certificates of Occupancy.
Ms. Robinson said that there should be a signed Notice of Decision placed in every file. She said that for instance, she had no background information for Puzzle Estates and would like to have authorization from the board to meet with the sound engineer for guidance purposes.
Motion made by Mr. Doggett with a second by Mr. LeClair to give authority to Ms. Robinson to contact the sound engineer for Puzzle Estates. The motion passed unanimously.
Conservation Commission
Ms. Vaillant asked that the Commission receive all minutes from Planning Board meetings. She will provide addresses. She asked about Master Plan progress. Ms. Robinson recapped what she had spoken about for the TBG grant.
Phillips Way
Mr. Quintal said that the conditions of approval had been met and he offered a memorandum that had been sent to the board. He asked if there were any outstanding fees. Ms. Allen said that this would be researched. Mr. Estey said that a receipt for excavated stumpage would need to be submitted and this was required by law.
Motion made by Mr. Doggett with a second by Mr. LeClair to adjourn at 9:50 PM. The motion passed unanimously.
Respectfully submitted,
Sally E. Cockerline
Administrative Assistant
Newton Planning Board
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