TOWN OF NEWTON, NEW HAMPSHIRE
Newton Planning Board
Public Meeting/Public Hearing
December 13, 2005
1. CALL TO ORDER
The Chairman called the meeting to order at 7:10 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 Kim Pettit – Vice-Chairman (late)
James Doggett Norm Harding – BOS ex-officio member
Ann Miles
Also, present:
Reuben Hull – RPC Circuit rider/planner Frank Gibbs – Town Road Agent
William Ingalls – Fire Chief
3. MANIFEST
The manifest, dated December 13, 2005 was presented, as follows, to the board for approval.
Recording Fees
Payable to: Rockingham Registry of Deeds
For Plan D-33319, Soletto BLA $16.00
4 Copies of D-33319 @ $3.00 per $12.00
Postage $ 1.28
For Plan D-33320, Allison Subdivision $26.00
4 Copies of D-33320 @ $3.00 per $12.00
Postage $ 1.28
For Plan D-33321, Continental Real Estate, Site Plan $26.00
4 Copies of D-33321 @ $3.00 per $12.00
Postage $ 1.29
Subtotal for Recording Fees $107.85
Total Expenses – NPREA $107.85
Motion Made by Mr. Doggett with a second from Ms. Miles, to approve the manifest dated December 13, 2005 as presented. The motion passed unanimously.
4. APPROVAL OF PAST MEETING MINUTES
The Board reviewed the minutes of November 8th and November 22nd.
Motion made by Mr. Doggett with a second by Ms. Miles to approve the minutes of November 8, 2005 and November 22, 2005 as written. The motion passed unanimously.
5. ROAD BOND REDUCTION – JACOB’S WAY
The action by the board to reduce the road bond for Jacob’s Way was postponed while the Board awaited more members because Ms. Miles would need to recuse and there would not be a quorum present.
6. IMPACT FEE ASSESSMENT SCHEDULE 2006
Mr. Hull was asked if this information would need to be included on all mylars submitted to the Board. He said that it certainly needed to be referenced and he would check to see if this needed to be added to both mylars and regulations.
7. SMITH CORNER ROAD & PEASLEE CROSSING ROAD UPDATE
Mr. Dennis Fitzgerald said that there had been a meeting among the principals the previous week and they had met with Nextel; hopefully the poles will be reset on January 15, 2006. Mr. Richards will sign the easement documents before leaving and Mr. Gibbs had all of the information. Mr. Fitzgerald said that everything would need to be completed in order to keep with the NHDOT timeframe.
8. PUBLIC HEARING – ZONING AMENDMENTS
Notice was hereby given that In accordance with NH RSA 675:3 and 675:7, the Newton Planning Board conducted a Pubic Hearing in the Newton Town Hall on Tuesday December 13, 2005 at 7:30 p.m. to consider the following amendment to the Town of Newton Zoning Ordinance.
To amend Section XVIII, Item 9 of the General Provisions by adding the following words: “demolition or construction materials.”
Mr. Harding said that this wording already existed. Ms. Allen said that last year, the word “stumps” had been omitted and what he was reading was done in error. She said that by adopting this amendment, it would be done correctly. Ms. Allen said that she had been told by the Selectmen’s office that it had been worded incorrectly.
Motion made by Mr. Doggett with a second by Ms. Miles that the Planning Board recommended this amendment to go forward to the warrant for Town Meeting 2006. The vote passed 3-0-1, with Mr. Harding abstaining.
Motion made by Mr. Doggett with a second by Ms. Miles that the Planning Board recommended this article. The motion passed unanimously.
Mr. Harding said that he abstained not because he was opposed to the amendment but because there were other issues and he would support it to the Selectmen.
The Chairman closed this public hearing.
9. Fitz Realty Trust (04SU008)
18 & 18A Smith Corner Road – 43 Unit 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.
Mr. Dennis Quintal of Civil Construction Management represented Fitz Realty Trust and provided a presentation to the Board. He said that nothing had really changed and there had been a discussion about the number of units at the previous meeting. He said that he had spoken with Ms. Allen and she thought it would okay for him to show all forty-eight units on the plan while knowing that only forty-four could be built now. Per Mr. Harding, this will be redetermined in April 2006. Mr. Quintal said that he realized that the permitted number of units that could be built might remain at forty-four but he did not want to have to repeat the site plan review process in the event four more units could be built in the future.
Mr. Hull said that it was wise that the ultimate plan was for forty-eight units. He recommended that the plan show the full build-out but advised against setting a precedent; it should be made clear that any approval would be for the number of units that could be built at the time of approval and then the applicant could return in the future for a minor, amended site plan review. He said that he remembered reading a policy statement regarding the number of units that could not be exceeded. Mr. Quintal related information about the limit on building permits in East Kingston. He said that although the building permit process was done by the Selectmen and the Building Inspector, he thought that the design should be able to garner approval. Mr. Doggett suggested the inclusion of a note that there was a limit to the
number of units that could be built, based on the calculations as of a particular date. Ms. Miles suggested that the Board should set some policy with regards to situations such as this. Mr. Hull said that this development had been designed in a Master Plan way. Mr. Quintal said that the wetland crossings applications and drainage had been completed. He said that if he knew how many units could be shown, he could finish the revisions, send the plan to the appropriate people for review and begin applying for State permits. Ms. Allen told him that he could plan for forty-eight units. Mr. Quintal thanked the Board. He continued by saying that the lighting plan was complete and he had spoken with the Postmaster about the placement of the mailboxes.
They will be located at the circle and will have a roof. He said that he had met with the Fire Chief and a cistern would not be needed because the units will be sprinkled and he had agreed with the layout and the roads. Mr. Doggett asked if there would be a holding area. Mr. Quintal was not sure of this. There would be a localized septic area and test pits had been done and the final revisions would be sent to the town.
Motion made by Mr. Doggett with a second by Ms. Miles to continue this public hearing until January 10, 2006. The motion passed unanimously.
The Chairman recessed this public hearing.
10. Sara Realty LLC (SARDR112205)
8 Wenmarks Road – Design Review – This is a public hearing to consider the request of Sara Realty LLC for a design review to discuss a proposal for an amended site plan for Whispering Pines campground. The property is located at 8 Wenmarks Road, Newton, NH, Map 5, Block 1, Lot 5. Mr. Ron Pica, member of Sara Realty LLC provided the presentation to the Board. The Chairman read from the abutters’ list. Mr. Pica stated that the State had given approval for 148 sites and he was proposing 117 with 80 currently existing. He said that the utilities had been in place prior to the court action and had not yet been used. He said that he was also planning an additional recreation area. He said that although the regulations stated that expansion of a non-conforming use was disallowed, he
believed he met the criteria for a natural expansion. He provided use, occupancy data and traffic count information for the site. He said that the nearest neighbor was at least 500’ away and there was, in his opinion, no adverse effect on the neighborhood. He said that the town beach had been closed for most of the summer and the activity at his beach site was very low impact and the new/proposed sites were very remote from the residents. He requested approval from the Planning Board without needing a variance from the ZBA.
Mr. Doggett provided comments from the Technical Review Committee (TRC).
Conservation was concerned that the Aquifer was not shown on the plans and that visitor parking and wetlands impact information was needed.
Recreation was concerned with impacts to the Town Beach because the town supplied a lifeguard and the campground did not and liability was questioned.
Fire said that the roads needed to be 20’ and the intersections must meet town standards.
Altus said that a certified wetlands map needed to be referenced and Note #3 spoke about “full season sites”; is this a year-round or seasonal facility? There was further concern about the impact of clear-cutting on the sound mitigation and there was an immediate need for a site walk.
There was some question about whether trailers on-site were parked on concrete pads, the septic system, second beach and docks, leach field shown as proposed but there was no reference to it, no chamber for pumping and the possible conversion in the future to a trailer park and occupancy permitting process.
Mr. Hull questioned the “natural expansion” and said that this would be a matter for the town to agree with. He said that variance or not, the ZBA would determine grandfathering. He said that he had no experience with this type of court case and the correct process needed to be followed. He said that there were four “tests” for natural expansion. He said that the ZBA must determine the status and then instruct the Planning Board. Mr. Harding said that there had been discussion about Wenmarks Grove Road becoming a town road and he was concerned about the effect. Mr. Pica said that litigation was pending with an abutter and the road would not be impacted at all and was very seldom used. Ms. Miles said that she would like to hear from the abutters present. Ms. Allen read
Altus comments.
Abutter Comments
Rob Peterson, President of Wenmarks Road said that this was the abutter’s first viewing of the plan and they would need to think about it and asked for the process to be explained. Ms. Allen explained the process. Mr. Pica attempted to address the comments from TRC and Ms. Allen said that there was no time for this now and Mr. Pica said that he did not want to go before the ZBA; he said that he met the criteria for natural expansion and there was almost no impact on the neighbors. He was told that a formal application would need to be submitted.
Motion made by Mr. Doggett with a second by Mr. Harding to close the public hearing for the design review. The motion passed unanimously.
11. ROAD BOND REDUCTION – JACOB’S WAY
Ms. Miles recused herself from this portion of the hearing. Correspondence was received as it pertained to the bond reduction request from Ann Miles Builders recommending the bond reduction in the full amount.
Motion made by Mr. Doggett with a second by Ms. Pettit to approve the bond reduction for Jacob’s Village and Ann Miles Builders in the amount of $5,027.00. The motion passed unanimously.
12. PUZZLE LANE – DEFICIENCIES
Information was received from Altus regarding grading and drainage deficiencies at Puzzle Lane. Mr. Harding expressed concern about the -3% grade and dip, which could cause future problems. It was decided that Mr. Weinreib needed to be contacted and asked about these issues and an inspection needed to be done as well. The Board would like all Altus comments about these issues addressed in one letter.
Robert Breault, project manager for Mr. McDonough said that he thought that Altus was not clear about what was decided and did not fully understand what was being done on the site. Ms. Miles asked for the status of the Cease and Desist. Mr. Harding said that it had been issued on the driveway and nothing else and no further information had been received. He added that the issues at hand were minor and could be addressed in the spring. Ms. Miles said that she was concerned that the Cease and Desist was on-going.
Motion made by Mr. Doggett with a second by Ms. Pettit to empower the Chairman to receive the updated letter from Altus and if everything on-site was all right, the Cease and Desist could be dropped but if not, the applicant should be told that it was being used at his own peril. The motion passed with a vote of 4-0-1, with Mr. Harding abstaining.
13. COMMUNICATIONS
A letter was received from Randall Saunders requesting a CUP for an existing accessory apartment. The Board advised that he would need to apply through the public hearing process and could name an agent on his behalf if he was unable to attend.
Motion made by Mr. Doggett with a second by Ms. Pettit to authorize Ms. Allen to sign the letter to Mr. Saunders regarding a CUP and fees. The motion passed unanimously.
Ms. Allen said that she would have liked the Fire Chief to make a statement about safety and unknown accessory apartments in town. He will be asked to do this in February.
Mr. Casey Burns spoke to the Board about having a Home Occupation at 173 South Main Street. He said that it would be of minimal impact and he had contacted the NHDOT about sight distance for a commercial use of his driveway. He currently has 350’ but had been told if this had been a new driveway 400’ would have been required. He was informed that he would need to apply for a CUP and the provisions under Site Plan Regulations would need to be followed until the regulations were changed. Mr. Doggett told Mr. Burns that his last presentation had been well done. Mr. Hull said that a hand-drawn plan would be adequate.
Motion made by Mr. Doggett with a second by Ms. Pettit to enter into Executive Session to discuss a legal issue. The Administrative Assistant polled the board members and the vote to enter was unanimous.
Motion made by Mr. Doggett with a second by Ms. Pettit to exit from Executive Session to discuss a legal issue. The Administrative Assistant polled the board members and the vote to exit was unanimous.
Motion made by Mr. Doggett with a second by Ms. Pettit to seal the minutes of the Executive Session until January 1, 2121. The motion passed unanimously.
Motion made by Mr. Doggett with a second by Ms. Pettit to adjourn at 10 PM. The motion passed unanimously.
Respectfully submitted,
Sally E. Cockerline
Administrative Assistant
Newton Planning Board
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