TOWN OF NEWTON, NEW HAMPSHIRE
Newton Planning Board
Public Meeting/Hearing
October 11, 2005
1. CALL TO ORDER
The 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.
2. ATTENDANCE
The following members were present:
Mary Allen - Chairman
Elliott Estey – Vice-Chairman (late)
James Doggett
Norm Harding – BOS ex-officio member
Kip Kaiser
Richard LeClaire
Ann Miles
Paul Szot
Kim Vaillant
Also present:
Rubin Hull – RPC Circuit rider/planner
The Chairman declared the Mr. Kaiser was sitting in place of Ms. Pettit and that Mr. Szot was sitting in place of Mr. Estey.
3. APPROVAL OF PAST MEETING MINUTES
September 13, 2005, September 27, 2005
Mr. Doggett said that he would prefer to approve the minutes individually.
The Board reviewed the minutes from September 13, 2005.
A motion was made by Mr. Doggett, with a second by Ms. Miles to approve the minutes of September 13, 2005 as written. The motion passed by a majority with two abstentions.
The Board reviewed the minutes from September 27, 2005.
A motion was made by Mr. Harding with a second by Mr. Kaiser to approve the minutes of September 27, 2005. There was some discussion about corrections.
Mr. Harding said that he was not sure the corrections were necessary. The motion passed with Ms. Allen, Mr. Doggett, Ms. Vaillant and Mr. LeClaire abstaining.
The manifest was passed to the members for review. A copy has been attached to the minutes. Ms. Allen said that Mr. Estey had arrived and Mr. Szot would be stepping down.
A motion was made by Mr. Doggett with a second by Mr. Harding for the Chairman to sign the manifest as presented. The motion passed with a vote of 6-0-1, with Mr. Estey abstaining.
4. Communications
The Chairman said that some of the information was old that were filed into the office and placed on the agenda.
A Bond Reduction for Sunset Subdivision had been requested and Altus Engineering had been requested by the Board to perform an inspection before it would authorize the reduction. The following comments were made based on that inspection:
Item #3 should be removed.~ Damage was done by Road Crew during snow removal.
Item #4 – Mr. Harding questioned where the cracks were in the road and whether or not this damage also was caused by the Road Crew during snow removal.~ He said that there were photographs of this project in the Selectmen’s office that were provided by Mr. Kolias in the spring of 2005.
Mr. Doggett suggested (no motion heard on tape) that the list of concerns be forward to the owners of Sunset for review and to enable them to address the concerns before the Board contemplated granting a bond reduction.~ Ms. Allen asked for a second to the motion. Mr. Estey asked when the final inspection of the road was done by Altus. He suggested that since the road crew was possibly involved, a memo should be sent to the Road Agent for his response. Mr. Doggett said that the culvert had not been constructed to the plan and that this, in and of itself negated the granting of the bond reduction. Mr. Kaiser seconded the motion.~ The motion passed unanimously.
Ms. Allen said that five letters had been received from White Fences and each member had copies in their packets. She said that some of the letters involved studies required for Lots 27-1 – 27-3 (125 Development) and that some dealt with Mr. Nichols disappointments regarding the same. Mr. Estey suggested that these letters be sent to counsel for review and that it was his opinion that counsel should have been copied.
Motion made and seconded to have the AA sent copies of the White Fence letters sent to Attorney Somers. The motion passed unanimously.
The Chairman extended a sincere thank you to former Circuit rider Jill Robinson for a job well done and explained that Dr. Robinson would still be working on the Master Plan for the town. She then introduced Mr. Reuben Hull as the board’s new Circuit Rider. She stated that Mr. Hull was an engineer and his expertise would be welcomed by the Board.
Motion made by Mr. Estey with a second by Mr. Harding to send a letter thanking Dr. Robinson for her years of service to the Board.
There was some discussion regarding the format for a hydrogeologic study and specifically for Puzzle Lane. Dr. Robinson had suggested adopting the format that she had provided the board with the Non-Residential Site Plan Review Regulations. Ms. Allen said that she would like to have a motion for the Board to hire an engineer for this purpose. Mr. Estey remarked that the funds for this would need to be received in advance. Mr. Doggett said that a copy of this should be sent to Woodland Design and to 125 Development Corp.
Motion made by Mr. Estey with a second by Mr. Doggett to hire an engineer to review the hydrogeologic study format. The motion passed unanimously.
Information was received regarding the driveway permit for Richards.
A notice was received from the Merrimac MA Planning Board regarding a public hearing for a subdivision to which Newton is an abutter. The hearing will be held on October 18, 2005 at 7:30 and Mr. Estey agreed to attend as a representative from the Board.
Information regarding the MPO Ten-year Transportation Plan was received. Ms. Allen said that members could review to see the planned improvements.
A Flu Clinic will be held at the Memorial School for Town Employees at a cost of $24.00. Ms. Allen said that the Administrative Assistant to the Board was the only person eligible.
A letter was received from Altus Engineering concerning the current conditions at Puzzle Lane, Lot 27-3.
5. Fitz Realty Trust (04SU008) - Public Hearing – 18 & 18A Smith Corner Road – 43 Units Elderly Cluster Development Application Review Continued – 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. Ms. Allen opened the public hearing and declared that the abutter’s list had been read aloud at a previous meeting.
Fitz Realty Trust was represented by Dennis Quintal of Civil Construction Management. He said that he had received the comments from the Town Engineer today. Test pits all dug and results are uniform for septic
o One of the items on the report that the Board does not have is the street lighting
o Mr. Quintal said that street lights would not be necessary; instead, porch lights or small entrance lights of low intensity were proposed.
o On the plans 43 units are shown but per the Town allowances only 41 units are permitted for this project.
o There was discussion about having a community water supply as opposed to individual wells.
o There was some concern about where fire trucks could back up and there needs to be at least 150’ for this purpose.
o Architectural drawings were requested to show the direction houses will face
o The walking paths aren’t depicted clearly because they seem to appear and disappear.
o Technical Review Committee has requested requiring a Community Center on-site.
Motion made by Mr. Estey with a second from (?) to require the engineer for Fitz Realty to compile an aesthetic lighting plan. The motion passed 5-2.
Ms. Miles said that it would be helpful to show how all of the utilities would be working in concert and she hoped that test wells were being done. Mr. Quintal said that this was an unusual request from the Town because this was State regulated. Ms. Miles expressed concern for the developer if a bond was to be required. Mr. Doggett stated that Ms. Robinson know how the Town could require test wells. Mr. Quintal said that those types of details were not typically included on a plan. Mr. Hull said that he would follow up on this issue with Ms. Robinson. Mr. Quintal reiterated that the State oversaw wells and these would certainly conform. Mr. Doggett said that test wells had been required on similarly-sized projects in town.
Motion made by Mr. Doggett with a second by Mr. Estey to continue this hearing until November 8, 2005. The motion passed unanimously.
6. 125 Development Corporation (125SPR083105) Public Hearing– Puzzle Lane - Continuation of a Public Hearing to consider the request 125 Development Corporation for review of a Non-Residential Site Plan Application for property located on Puzzle Lane, Newton, NH, Map 14, Block 1, Lot 27-1. The presentation was provided by Matt Peterson of the Woodland Design Group. Mr. Peterson said that he had received comments from the second Altus review and all comments had been addressed. The Fire Chief had stated that based on the length of the road the maximum length to back up was 150 ft; therefore, a gravel access road, 18’ wide will be constructed and the abutter had agreed.~ The buffer for the easement needs to be removed.~ (7.2.9. C~)This decision will eliminate the dead end
for both this project and the abutter.~
Bounds are to be set and a lighting plan was submitted. Test pits showed mostly gravel.~ Perforated pipe wrapped in stone with fabric will be used to eliminate grade issue and as a result four – five parking spaces may be removed. The design of the building is proposed to be the same as that for Lot 27-3. Monitoring wells and test borings have been proposed by Mike Burke of Zoworski and the proposed cost for the hydrogeologic study is between ten and eleven thousand dollars. The applicant requested a conditional approval because only minor conditions were remaining. Mr. Doggett said that at the TRC meeting there had been discussion that they had no information about proposed tenants and/or their uses. There had also been some discussion about requiring individual site reviews for new tenants and for
any change of use. Mr. Estey said that it would be possible to have individual site reviews per unit. It was suggested that the Board structure a procedure for this. Mr. Peterson requested an acceptable use list from the Board. Mr. Estey said that a procedure was needed but perhaps not a full site review. Ms. Miles suggested that this could be a condition of approval. Mr. Doggett said that Ms. Robinson had suggested a list of prohibited uses within the Aquifer Protection District. Ms. Allen asked for comments from the floor. There was none. Mr. Estey asked about the dug hole that was discussed at the previous public hearing. He was told that it had been filled. He requested documentation from a soil
scientist that the materials used to fill the hole were equal to the material excavated from the hole. Mr. Doggett said that this was a possible waiver issue and a notation would be needed. Ms. Miles said that she thought that the conditions had been discussed at the work session. Ms. Allen said that those had been for lot 27-3. Mr. Estey said that two of those could be applied here.
Motion made by Mr. Estey with a second from Ms. Miles to conditionally approve the plan for 125 Development Corporation for review of a Non-Residential Site Plan Application for property located on Puzzle Lane, Newton, NH, Map 14, Block 1, Lot 27-1 with the following conditions:
1. Soil test done for the dug hole.
2. Easement is to be paved not gravel.~ The two parties who own the
easement will be responsible for maintaining and plowing.~ A letter from the abutter demonstrating agreement is needed for the file.
3. Hydrogeologic Study in Package
4. Sound Study to be done.
5. Proposed tenants uses within the building to be listed.
6. All Altus Conditions and comments are to be addressed
7. Mylar needs to be submitted with all changes/conditions noted.
The motion passed unanimously.
7. Jurisdiction
Mr. Estey requested that the code formerly used for Jurisdiction is put back on the Agenda because it was really needed. He suggested that the AA refer to older agendas for guidance.
8. Abutter Notices
Ms. Allen said that the abutter notices had been brought to the Post Office on October 1, 2005 but the Post Office had waited two days to date-stamp them with conflicted with the Town Regulations for ten-day notification. She said that this could affect the legality for the hearings for CBI, S&R Construction and Janice & Robert Woodhouse and these applicants had the option of re-noticing and having their hearings continued until next month. All applicants were willing to have their hearings held at this meeting.
9. Continental Biomass Industries (CBISPR082405) – Public Hearing – 22 Whittier Street – Public Hearing to consider the request of CBI for review of a Non-Residential Site Plan Application for a building addition of 46,030 square feet for property located on 22 Whittier Street, Newton, NH. Map 6, Block 13, Lots 002 & 003. Mr. Peter Breton represented CBI. It was stated that all bills had been paid and Ms. Allen read the list of abutters into the record. Mr. Breton said that the addition would consist of 46,030 square feet to be added for office enlargement.~ It would square off one corner of the building. There is no extension for the parking lot or additional buildings at this time.
Abutter Comments
Mr. Horace Williams, 6 Whittier Street spoke on behalf of CBI saying that they were a good neighbor.
Ann Byers, 8 Bartlett Street spoke on behalf of CBI. She agreed with Mr. Williams’ statement.
Motion made by Mr. Estey with a second from Mr. Doggett to approve the Non-residential site plan as presented. The motion passed unanimously.
Motion made by Mr. Estey with a second from Mr. Doggett that the Chairman or Vice-Chairman could sign this mylar.~ The motion passed unanimously.
10. S& R Construction (SRBLA091005) – Public Hearing – South Main Street – Public Hearing to consider the request of S&R Construction for review of a Boundary Line Adjustment for property located at South Main Street, Tax Map 14, Block 1, Lots 24, 25 & 23. Mr. Bruce Scanman an engineer from Emmanuel Engineering provided the presentation. He referenced the September 14, 2004 meeting and the site walk that had been conducted in August 2004. He said that this BLA was proposed in accordance with the Site Plan approval at that time. (Excerpt that follows is from that meeting and has been included to permit continuity for new members.)
Hearing – South Main Street – Amended Non-Residential Site Plan Application Review Continued – Mr. Bruce Scammon,
Emmanuel Engineering, addressed the Board on behalf of the applicant. Changes have been made to the plan to make the proposed new driveway only 18 feet and changed the grading to a 3% pitch with a 6” drop from the far end to the lowest point and then with 3” rock rip rap and 12” deep with a 5% slope to corner. A letter of intent will also be provided regarding prescriptive use for the Farrell property (abutter) within one year. S&R Construction will be giving Mrs. Farrell a small triangle of land to allow for her entire leachfield to be on her own property instead of on the line and increasing her road frontage by approximately 29 ½ feet. A motion was made, by Lo Vecchio and seconded by Kaiser, to grant conditional approval based upon the following two conditions: 1) a letter from
Altus stating that all concerns have been addressed (clean letter), and 2) a letter of intent regarding prescriptive use for the Farrell property (abutter) within one year. The motion carried. A motion was made, by Harding and seconded by Tolman, to close the public hearing. The motion carried.
Technical Review Committee Concerns were voiced by Mr. Doggett. They were:
o Lot 24 Existing Well and Septic missing on plan
o No Signature or Stamp from Surveyor on plan
These issues will be addressed on the final mylar.
Motion made by Mr. Estey with a second from Mr. LeClaire to approve the boundary line adjustment as presented.~ The motion passed unanimously.
Motion made by Mr. Estey with a second from Mr. LeClaire that the Chairman or Vice-Chairman could sign this mylar.~ The motion passed unanimously.
The Chairman closed this public hearing. For future reference this Boundary Line Adjustment is part of Site Plan approved October 14, 2004. Mr. Estey requested that a set of minutes be placed in the file.
11. Janice and Robert Woodhouse (WOOSBD092005) - Public Hearing Peaslee Crossing Road - Public Hearing to consider the request of Janice and Robert Woodhouse for design review of a proposed 19-lot, residential subdivision on property located on Peaslee Crossing Road, Tax Map 12, Block 13, Lots 6,7,8,10,11, & 12.
The presentation was provided by James Lavelle of Lavelle and Associates. He said that the site was comprised of 51 acres, which would be subdivided into 19 lots. A road of 2500 feet ending in a cul-de-sac is proposed and there will be individual wells and septic systems.
The Technical Review Committee concerns were noted as follows:
o Frontage of each lot not discernable
o Angle of slope exceeds what is permitted for driveway
o Plans submitted not full engineering design
Mr. Lavelle said that the Town did not have a limit on size of driveway if sprinklers were installed in houses. He said that the applicant would request lot consolidation to make one parcel prior to subdivision. All lots will meet or exceed lot size requirements; smallest lots are 1-2 acres, 2.2, 1.75, and 1.83
o Wetlands
§ Wetland crossing(s) will be proposed
§ Lots divided by wetland piece near roadway
§ Wetland area runs parallel to the roadway
§ Driveway with 1 small wetland crossing over Group 5 Soil
§ 600 sq ft of wetland disturbance
§ Potential 2 crossings, maybe one if combined driveway
§ Shoreline Protection
The Board said that they would like to see a traffic survey and that 400- foot of sight distance would be needed in each direction for the proposed road location. Ms. Miles suggested that this could be presented as a Cluster Development.
Motion made and seconded to continue this hearing until November 8, 2005. The motion passed unanimously.
Steve Early of S&R Construction asked to address the Board about having a used car and equipment business on Route 108 and that he would like to make esthetic changes to the former warehouse to provide offices. He said that the parking spaces met with ADA requirement.
Motion made by Mr. Estey with a second from Mr. LeClaire to approve the changes as presented.~ The motion passed unanimously.
Motion made by Mr. Estey with a second from Mr. LeClaire to send a memo to the Building Inspector to approve the building permits for this.~ The motion passed unanimously.
Motion made and seconded to adjourn. (Time unknown.)
Respectfully submitted,
Sally E. Cockerline
Administrative Assistant
Newton Planning Board
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