TOWN OF NEWTON, NEW HAMPSHIRE
Newton Planning Board
Work Session
September 27, 2005
CALL TO ORDER
The Vice-Chairman called the meeting to order at 7:04 PM. The meeting was posted in four town locations: Newton Post Office, Newton Junction Post Office, Rowe’s Corner Variety and Newton Town Hall. There was no challenge to the legality of the meeting.
ATTENDANCE
The following members were present:
Kim Pettit – Vice-Chairman
Elliott Estey – Vice-Chairman
Norm Harding – BOS ex-officio member
Kip Kaiser
Ann Miles (late)
Also present:
Jill Robinson – RPC Circuit rider/planner
Sharon Cuddy Somers - Counsel
BOARD BUISNESS
There was discussion on based on a complaint letter received from Skip Cheney with regards to a recreational area belonging to Whispering Pines that he felt was located too close to his property. The board then reviewed the plans for Whispering Pines. Mr. Pica, owner of Whispering Pines requested a field walk. Mr. Pica said that Mr. Cheney had cut down his trees. Mr. Estey said that it’s on the plan. Mr. Pica will provide a letter that will be filed at the Registry of Deeds. The triangular piece is the object of the ownership dispute. There is a recreational area shown but the vegetative buffer is not visible. However, per regulations there should be a 25 ft. vegetative buffer. Mr. Pica said that Cheney was reacting to his letter.
Letters from CPF&GC were received. The letter dated 09/12/05 was read aloud. Ms. Petit asked if these items should be verified. There was discussion about past engineers and sound engineers, etc. A site walk was suggested. Ms. Robinson will do the site walk with Mr. Weinreib. Mr. Kaiser said that the cost should be paid by Fish & Game and he wanted a rough estimate for Mr. Weinreib. It was stated that CPF&GC should finish the excavation before the sound test and site walk.
Mr. Pica said that the Planning Board in June of 2003 said that the sound engineer should be working with CPF &GC. He did not believe that Mr. Weinreib was a sound engineer and that the former sound engineer was from Plaistow. Mr. Estey said the hill needed to be removed. Mr. Pica then mentioned the ZBA meeting conditions. They are only getting this because CPF &GC bought adjacent properties, and they must maintain their promises to the ZBA. Ms. Miles stated that it was important to have interim mitigation, and there were many ways to mitigate sound without spending a lot of money. Mr. Estey said that it was stipulated that it must be completed by the end of November. He asked if that meant everything or was it just referring to the sound an excavating issues. He also said that the hydro seeding needed to be done within the next two weeks.
Mr. Harding asked that the cost be borne by CPF&GC. Ms. Miles said that she hated to see it done. Mr. Kaiser said let’s see it through. Mr. Pica said that per the June 10th minutes the Planning Board had decided to work with CPF &GC for the sound engineering. Mr. Harding expressed that the sound engineer should get on board, and they should find the cost out for CPF &GC.
Motion made by Mr. Harding with a second by Ms. Miles to contact Frank Kuhn to arrange testing with CPF&GC. The motion passed unanimously.
NON-PUBLIC SESSION.
The public meeting was re-opened at 8:15 PM.
125 Development Corporation (04SP006) - Puzzle Lane – Non-Residential Site Plan Application Review Continued -to consider the request of 125 Development Corporation for the Planning Board to sign the mylar for property located on Puzzle Lane, Newton, NH, Map 14, Block 1, Lot 27-3.
Motion made by Mr. Harding with a second by Ms. Miles to grant final approval of the application and to authorize the Planning Board Chairman, or designee, to sign the mylar. The Planning Board notes that prior to the issuance of a certificate of occupancy for the building, that the applicant will need to: 1) provide a mitigation plan to address unapproved tree cutting; such plan to be reviewed and approved by the Conservation Commission and Planning Board; 2) address non-compliance issues referenced in the June 3, 2004 notice of non-compliance; and 3) conduct a sound study pursuant to the non-residential site review regulations and provide the results of such study to the Planning Board for review and approval. The sound engineer will be hired by the Town and paid for by the applicant. The items to be addressed prior to
the issuance of a certificate of occupancy will be further referenced in a letter from the Planning Board to the applicant.
In addition, the applicant is advised that the Planning Board will implement a system whereby all proposed tenant uses are documented and verified as a permitted use under the zoning ordinance. The motion passed with a vote of 4-0-1, with Mr. Estey abstaining.
Certificate of Occupancy Permit Discussion
Mr. Estey said that no single CO’s should be issued until a clean letter was received from the engineer for the entire subdivision. Once that is done, CO’s could be issued for the entire project. He backed up his theory with a ten-lot scenario. Ms. Miles remarked that the current Building Inspector was very thorough and did a very good job. There was further discussion as to whether the board wanted a checklist met to its satisfaction or a clean letter from the Town Engineer.
Motion made by Ms. Miles with a second from Mr. Harding that the Planning Board could sign a Certificate of Occupancy once a Final Inspection Report, stating that all work had been done and completed in accordance with the approved plan was received and accepted by the Planning Board at a scheduled Planning Board meeting. The motion passed unanimously.
There was further discussion about timelines and procedures. Mr. Estey said that the board needed to get away from issuing conditional approvals and only issue complete approvals. There was further discussion that it did not matter as to the order of signatures on the CO”s because each department is responsible for signing off on items under their jurisdiction.
Motion made by Mr. Estey with a second by Mr. Harding that the Certificate of Occupancy could be signed in whatever order the Chairman or Designee happens to sign. The motion passed unanimously.
Motion by Mr. Estey with a second by Mr. Kaiser for the Board to appoint designees to sign the Certificate of Occupancy and for the Planning Board to compile a list of projects ready for CO”s and Building Permits, to be distributed to all C.O. signatories the motion passed with a vote of 4-0-1, with Ms. Miles abstaining.
Motion made by Mr. Estey with a second by Ms. Miles to appoint the Chairman, Vice-Chairman and Mr. Estey as designees permitted to sign C.O.s. The motion passed unanimously.
There was some discussion about the recently established used-car lot at the S&R site on South Main Street. Ms. Miles said that she recalled there would be Internet sales only. It was decided that the plan would be pulled and brought to the October 11, 2005 public hearing and that this issue would be addressed at that time as S&R are applicants for a Boundary Line Adjustment that evening.
Mr. Harding presented a memo from the Selectmen about the proposed change in the A.A’s hours that would enable her to qualify for holiday and vacation time under current town policy. This issue had been continued from the September 13th meeting. Mr. Estey said that he would prefer to discuss this when there was a full-board seated. Ms. Pettit requested that this be added to the next meeting’s agenda.
Ms. Robinson announced that the Board would be working with a new planner effective immediately. His name is Reuben Hull. He is an engineer and functions as a Commissioner in Newfields, NH. She said that she would still be working on Master Plan issues for the board.
There was some question as to why agendas were not being posted. Ms. Cockerline replied that she had been instructed not to as the agendas were an internal document.
Motion by Mr. Harding with a second by Mr. Estey that all meeting agendas are to be posted. They are to also contain the following disclaimer “subject to modification”. The motion passed unanimously.
Motion by Ms. Miles with a second by Mr. Harding to pay the bills as presented on the manifest. The motion passed unanimously.
Motion by Mr. Harding with a second by Mr. Estey to adjourn at 10 PM. The motion passed unanimously.
Respectfully submitted,
Sally E. Cockerline
A.A.
Newton Planning Board
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