TOWN OF NEWTON, NEW HAMPSHIRE
Newton Planning Board
Work Session
November 22, 2005
1. CALL TO ORDER
The Chairman called the meeting to order at 7:09 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 M. Allen – Chairman James Doggett
Norm Harding Kip Kaiser
Ann Miles
Also present:
Reuben Hull– RPC Circuit rider/planner
Eric Weinreib – Town Engineer
Frank Gibbs – Road Agent
Ms. Allen appointed Mr. Kaiser to be seated in Ms. Pettit’s place. She also requested that the list of attendees be presented in the minutes as two columns because one column took up too much space.
HOME OCCUPATIONS/ACCESSORY APARTMENTS
Ms. Allen asked the members if they were in agreement with charging the same fees for Home Occupations and Accessory Apartments as were charged for site review applications. There was discussion that Home Occupations were out of control in town; residents did not want to pay the fees as currently existed or go through the review process so they just opened their businesses without any knowledge or benefit to the Town. There was discussion about enforcement and legal fees. Mr. Doggett said that this was the cost of existence. Mr. Harding asked if the legal line in the budget should be raised to $200,000.00 and if so, would the voters approve it. Mr. Doggett said that he did not think the current regulations for Home Occupations was restrictive. Code enforcement was discussed. Mr. Harding suggested modifying the
current ordinances and charge a flat fee of $100.00 plus the cost of publication and abutter notification but should be done low-key at a public hearing. Ms. Miles suggested that there be a renewal process every two years. There was further discussion that the changes needed could be made under the Site Plan Review criteria, which as a regulation could be done at any scheduled public hearing and did not need to be on the Town Warrant. Mr. Doggett provided the proposed wording for such after discussion by the board and will be presented at a future date.
Ms. Allen said that the Stump Ordinance needed to be corrected and asked the AA to contact counsel for the correct wording.
There was further discussion about Accessory Apartments and that many residents had complained that 500 square feet as the maximum was much too small and restrictive. Ms. Miles said that she would prefer the maximum to be based on a percentage of the home.
Mr. Kaiser said that 500 square feet was too small and there should be a provision to denote this space for family members only.
There was some discussion about the impact fees for this use and adopting a waiver process for residents who were age 55+. Ms. Allen said that there needed to be a procedure in place. The AA told the board that issues such as requiring a certain number of plans or address labels needed to be added to the regulations per public hearing because she had had some applicants question the validity of such without those issues being written.
125 Development
Mr. Harding asked if the Cease and Desist that was issued for 125 Development could be lifted. Mr. Weinreib said that the question was if a road bond was needed if the cul-de-sac had been reconstructed. He said that he had just been handed revised plans and could not, at this moment, determine if the regulations had been met with the re-design. Robert Breault, Project Manager for 125 Development was present and said that there had been discussions regarding the gas line and the depth had not been established but they were all working together. He said that they were hoping to lower the crossing or the road. He said that he had asked Mr. Quintal to re-design the road and was hoping to capture this paving season. He said that they were prepared to change the plan if they received approval to pave this
season. Ms. Miles said that there were concerns for the gas line being discussed and she had received turn-around from the gas line company within one week. She said that if this was such a big deal, the road should be built as approved. She said that the information should be provided up front and the road should be built. She added that the Board did not need the bad publicity and both the applicant and the engineer had displayed shabby performances. Mr. Weinreib objected stating that he had insisted upon gas line approval be in place and then it had been changed. Mr. Harding said that it was important to establish communication. Mr. Weinreib said that he would review the revised plan and contact Ms. Allen. He said that if it was presented outside of the requirements he would not approve the revised plan and there was no flexibility to throw away the regulations. Mr. Breault stated that the Building Inspector was requiring a letter
from the Board permitting the issuance of building permits. Such letter had been prepared by the AA.
Motion made by Ms. Miles with a second by Mr. Doggett to send a memo to the Building Inspector that the request for building permits had been discussed and approved. The motion passed unanimously.
Certificate of Occupancy – Hebb
A Certificate of Occupancy had been received from Mr. Hebb for Twombley Road and he was requesting a signature by the Planning Board.
There was some discussion about final inspection. The file will be reviewed by the AA and if in order, the signed CO will be given to Mr. Hebb.
Motion made by Mr. Kaiser with a second by Ms. Miles to have the AA check the Hebb file and if in order, have the CO signed for Mr. Hebb. The motion passed unanimously.
Mr. Kaiser asked to review the process for the Cease and Desist that had been issued to 125 Development. He reiterated that Mr. Weinreib would review the revised plans and contact Ms. Allen. If the plans met with his approval, the Cease and Desist would be lifted. Mr. Breault asked that if they decided the driveway could be built per the plan, they would move forward.
Motion by Mr. Kaiser with a second by Mr. Doggett that if the revised plans were all right, Mr. Weinreib would contact the Chairman and the Cease and Desist could be lifted but if the applicant decided to build per the original, approved plan there would be no need for the Cease and Desist. The motion passed unanimously.
Mr. Weinreib asked about the possibilities if Mr. McDonough posted the bond and the driveway was accepted. Mr. Gibbs said that bonding had been discussed with regard to the gas line. Mr. Weinreib said that the town traditionally did not bond private driveways. Mr. Breault said that the Board policy had been that if the road was incomplete, no COs would be issued. He was told that was a correct statement. Mr. Weinreib said that this would be the only leverage for the town if a bond was not posted. Ms. Miles said that it was a terrible thing to hold developers by the thumbs and this should be proceeding in good faith. She said that this ought not to have happened. Mr. Doggett said that a CO could not be guaranteed without a bond in place. Mr. Kaiser said that the only issue was the private
road from the gas line to the approach to the cul-de-sac and the Board should show good faith. Mr. Weinreib said that the other alternative was for the Board to grant a waiver with regards to the grading for the driveway. Ms. Allen asked if the Board wanted Mr. McDonough to post a bond. Mr. Weinreib said that Ms. Robinson had left the bonding information out of the equation. Ms. Allen will call Mr. Harding at home with the decision. Ms. Miles apologized for her ranting.
Off-site Improvements at Peaslee Crossing Road and Smith Corner Road.
The following were invited at Mr. Weinreib’s request to review the plans and discuss any outstanding issues with the off-site Improvements at Peaslee Crossing Road and Smith Corner Road: Dennis Fitzgerald, Todd Fitzgerald, Frank Gibbs, Ned Nichols, Donald Richards and David Storey.
Mr. Weinreib said that he had received a telephone call the previous week from District Engineer Steve Ireland of the NHDOT that everything for this project was fine but not yet in writing. The following issues were discussed:
1. Pole will be relocated.
2. Amount of and depth of underground conduit to be determined.
3. Draft easement plan to be done.
4. There will be clearing of significant trees on the Richards property and Mr. Richards had requested that the material be brought to his other parcel down the street. The quantity needs to be known for the bidding process.
Mr. Weinreib said that the plan had not changed. At this time the interested parties and the Board reviewed the plans for the off-site Improvements at Peaslee Crossing Road and Smith Corner Road. The sight distance is proposed at 270’ and 245’. Mr. Richard’s requests need to be a part of the bid process. Mr. Richards provided his Florida address so that Mr. Weinreib could contact him.
A performance bond was discussed. Mr. Storey asked Mr. Weinreib about the time frame for completion. Mr. Weinreib said that this would really depend on the contractor; in some instances it could be done in 2-3 weeks and in others it could take three months. The Selectmen will conduct the bid process but the work must be completed by July 1, 2006 per the NHDOT, who will do the overlay work. Mr. Weinreib said that he would work with Mr. Harding to push utility work.
Motion made by Mr. Kaiser with a second by Ms. Miles to have Altus Engineering proceed with the preparation of the bid for the off-site Improvements at Peaslee Crossing Road and Smith Corner Road and will provide it to the Newton Selectmen to be put forth for bidding. The motion passed unanimously.
Mr. Gibbs asked about the location of the road to the sign. He said that there was a problem with larger vehicles negotiating the turn at present. Mr. Weinreib said that the lanes could be widened. All parties were thanked for coming in to this meeting.
Board Business
A manifest was presented for payment from NPREA for planner services in the amount of $229.50.
Motion made by Mr. Doggett with a second by Mr. Kaiser to authorize payment of the manifest as presented. The motion passed unanimously.
A letter was received from Casey and Heather Burns requesting a conditional use permit for a home occupation at their residence at 173 South Main Street. Ms. Allen said that this could be addressed at the December 13th meeting. Mr. Kaiser asked what was involved. There was discussion that hand-drawn, to-scale drawings would be sufficient. Mr. Doggett asked if sales space was permitted under the current terms of the ordinance. Ms. Allen said that it was not. Mr. Gibbs said that the sight distance should be checked. The Board decided that waivers could be requested by the applicants, who should follow section 7.1 of the Site Plan Review Regulations to proceed. Driveway issues would fall under the jurisdiction of the NHDOT because it is a State roadway.
Technical Review Committee
It was decided that Mr. Doggett would become Chairman of the TRC and Ms. Miles was appointed as a Planning Board member of that committee. The next meeting of the TRC will be on December 5, 2005 at 3 PM in the Planning Board office. Mr. Doggett requested that the AA notify department heads of the meeting and that it be posted.
Communications
A letter was received from Leo LaRochelle regarding issues he had with the Town Engineer’s determination of the roadway (George’s Way to Crane Crossing). Mr. Harding stated that neither George’s Way nor Brenner Drive Extension had been accepted by the town. Mr. Gibbs said that the drainage needed to be corrected at the cul-de-sac and the hot top on George’s Way needed to be shifted to the left. Ms. Allen said that if Mr. LaRochelle wished to speak to the Board, he could attend the December 13th meeting.
Budget 2006
The AA presented the proposed budget, as it had been determined by the Board, with increases for the Circuit Rider/Planner and the AA in hourly wage and amount of hours.
Motion made by Mr. Kaiser with a second by Mr. Doggett that the proposed budget with accompanying documentation explaining the increases be sent to the Board of Selectmen to be included in the Town Budget for 2006. The motion passed unanimously.
Continuation of Board Business
Ms. Miles requested examples of different types of cluster developments from Mr. Hull.
Mr. Harding said that with regards to the reconciliation of the NPREA account, it was on-going and the town would like to hire the person currently doing this with the AA to be hired as a subcontractor with the sole focus being the NPREA account. Ms. Allen said that the Board had not budgeted for this. Mr. Harding said that if the Board approved of this, it would give the AA more time to work on Planning Board issues and it would be included in the Selectmen’s budget. He said that the subcontractor would be working directly with the AA and together, they would establish a final system for processing payments, statements and manifests.
Mr. Harding inquired as to why Town Counsel was directing the Town Treasurer to write out checks to DTC not included on the Board manifests. Ms. Allen said that she knew nothing about this. She asked what the check was for and in what amount. The AA was requested to speak to the treasurer for further information and the Board would expect a reply in writing prior to the December 13 meeting.
Mr. Kaiser requested to see samples of files and how they were set up for the next meeting.
Motion made by Ms. Miles with a second by Mr. Doggett to adjourn at 10:42 PM. The motion passed unanimously.
Respectfully submitted,
Sally E. Cockerline
Administrative Assistant
Newton Planning Board
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