TOWN OF NEWTON, NEW HAMPSHIRE
Newton Planning Board
Public Meeting/Public Hearing
November 8, 2005
1. CALL TO ORDER
The Chairman called the meeting to order at 7:05 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
Elliott Estey – Vice-Chairman
James Doggett
Norm Harding – BOS ex-officio member
Kip Kaiser
Rich LeClaire
Ann Miles
Paul Szot
Kim Vaillant
Also, present:
Reuben Hull – RPC Circuit rider/planner
Frank Gibbs – Town Road Agent
3. APPROVAL OF PAST MEETING MINUTES
The Board reviewed the minutes of October 11, 2005.
Motion made by Mr. Doggett with a second by Mr. Estey to approve the minutes of October 11, 2005 as written. The motion passed 6-0-1, with Ms. Pettit abstaining.
The Board reviewed the minutes of October 25, 2005.
Motion made by Mr. Doggett with a second by Mr. LeClaire to approve the minutes of October 25, 2005 as written. The motion passed 5-0-2, with Ms. Pettit and Mr. Estey abstaining.
4. MANIFEST
The Board reviewed the following expenditures:
Operating Budget
Facilities Expense
ChoiceOne Communications
Telephone Bill – Invoice Date 10/12/05 $ 87.23
Administrative Expenses - Postage
Plans sent to Altus Engineering $ 1.06
Total Expenses – Operating Budget $88.29
N.P.R.E.A.
Recording Fees
Payable to: Rockingham Registry of Deeds
For Plan D-33192, S&R Construction $26.00
For Plan D-33193, S&R Construction $26.00
$52.00
Copies for Same, 8 @ $3.00 each $24.00
Postage for same $ 3.90
Subtotal for Recording Fees - $79.90
Consultant Fees - Engineer
Review by Altus: Ned Nichols, $ 173.45
Review by Altus: Jacob’s Village, $1236.07
Review by Altus: Al Bailey Subdivision $ 85.00
Review by Altus: Storey Estates $ 655.00
Review by Altus: Smith Corner & Peaslee Crossing Roads $1911.69
Altus Review Subtotal, Page 1 $4,061.21
Consultant Fees – Engineer (continued)
Review by Altus: Hillside Estates $ 485.40
Review by Altus: Nordic Woods Road $ 449.00
Review by Altus: Fitzgerald Estates $1829.64
Review by Altus: Sunset Ridge Subdivision $ 381.25
Review by Altus: Puzzle Estates, Lot 27-3 $1462.14
Review by Altus: George’s Way $ 360.00
Review by Altus: 125 Development Corp. Lot 27-1 $ 980.90
Review by Altus: Continental Real Estate $ 148.75
Review by Altus: S&R Construction BLA Review $ 148.75
Review by Altus: Woodhouse Subdivision $ 297.50
Engineering Total $8,761.15
Consulting Fees – Legal
Sargent Woods – Applicant Review $ 180.00
Second Storey Homes– Applicant Review $ 15.00
125 Development Corp./Lot 1 – Applicant Review $ 911.27
125 Development Corp./Lot 3 – Applicant Review $1631.27
Legal Review Total $2,737.54
Applicant Fees
Certified mail, Return receipts, abutter notices for
Allison Realty Trust hearing on 11/08/05 $ 61.88
Total Expenses – NPREA $13,110.47
Motion made by Mr. Estey with a second from Mr. Doggett to approve the manifest as presented. The motion passed with a vote of 6-0-1, with Ms. Miles abstaining.
5. COMMUNICATIONS
A Dealer Desk retail vehicle application was received for SDE Equipment and Sales (S&R).
Motion made by Mr. Estey with a second by Mr. Harding to approve the Dealer Desk Retail Vehicle application for SDE Equipment and Sales. The motion passed with a vote of 6-0-1, with Ms. Pettit abstaining.
A letter was received from Ms. Ann Byers requesting to be appointed to the Master Plan committee.
Motion made by Mr. Estey with a second by Ms. Pettit to approve Ann Byers as a Master Plan volunteer. The motion passed unanimously.
A letter was received from Robert Sacco of 7 Maple Ave regarding a change of use for an In-Home Occupation. Ms. Allen said that Mr. Sacco should be invited to attend the December 13 meeting. It was stated that he had been invited to attend this meeting.
A letter was received from Coleman McDonough requesting a waiver for the road design (sub-surface materials and sub-base width) at Lot 27-3. Mr. Estey said that he would not consider this without input from the Town Engineer. Ms. Miles asked if there were mitigating circumstances. Mr. Robert Breault, Production Manager for Mr. McDonough stated that he had distributed packets to all parties and great soils had been found on site and it seemed pointless to remove them. Mr. Doggett said that he would not be willing to waive for less than 44’ just for the on-site materials. Ms. Pettit asked that this be decided in two parts. Mr. Doggett suggested approving the sub-base excluding the width portion and then two waivers would be needed.
Motion made by Mr. Doggett with a second by Ms. Miles to grant a waiver for McDonough to Section B, III, 3.3 permitting a 22’ base for the road conditional upon Altus’ approval. (Withdrawn)
There was discussion about conditionally approving pending an opinion from Altus Engineering. Mr. Kaiser said that this was not a new road design just the bed conditions. Mr. Estey asked Mr. Hull for his opinion. Mr. Hull said that if the Board deferred to Altus, it should be conditional based on Altus’ opinion and if they could modify the waiver request. Mr. Estey said that he would favor allowing Altus to modify any of the conditions. Ms. Miles said that if Mr. McDonough was willing to abide by Altus’ decision and the Board, as laymen, should be satisfied with that. She said that it was
proposed as a private road and there should be assurances and contingencies that could be added to the motion.
Motion made by Mr. Estey with a second by Mr. LeClaire to approve the plan (written waiver request) as presented with the condition that Altus Engineering can make minor modifications between themselves and Mr. McDonough’s engineer. The motion passed with a vote of 6-1.
6. Fitz Realty Trust (04SU008)
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 provided the presentation. He said that the waiver request had been reviewed by Mr. Jaworski (geotechnician), which substantiated the Board’s and its engineer’s request. He said that waivers had been received for the setbacks and the width of the pavement. Mr. Doggett said that per the letter, forty-eight units were proposed and it should be for forty-two. Mr. Quintal said that this could be discussed later. He distributed the information that he had received from the Selectmen’s office
regarding the determination of units available. Mr. Hull said that per the ordinance, the number of elderly units shall not exceed 10%. He said that notes were needed to refer to permits for future components. Mr. Estey questioned reserving units for the future. Mr. Quintal said that the regulations did not clarify how many units could be requested other than twenty acres were needed as a minimum. Ms. Pettit said that the Board could not approve more unit than were permitted. Mr. Doggett said that if approved, the plan would show more units than what could be built. He suggested that it could be corrected by adding the word “proposed”.
Motion made by Mr. Estey with a second by Mr. LeClaire to approve the waiver request for 44+/- units with a report to be sent to Altus Engineering. The motion passed unanimously.
Mr. Quintal said that test pits had been done as well as soil tests and despite Altus’ complaint about debris on the property, it had been decided that a Level One Environmental Study would not be warranted. He said that he had met with Mr. Hull and all of the issues had been reviewed. He said that he would be submitting revised plans and stamps and State approvals would be applied for. He said that he would like to receive an approval and a compliance hearing could be conducted at a later date. Mr. Hull said that he was expecting to receive a letter, clean, revised plans, and State approvals and although he was unsure of the Board’s protocol in this type of situation, he would not support the granting of an approval until the outstanding issues were resolved.
Motion made by Mr. Estey with a second by Mr. LeClaire to continue this public hearing to December 13, 2005. The motion passed unanimously.
Janice and Robert Woodhouse (WOOSBD092005) – Public Hearing Peaslee Crossing Road, Continuation of a 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. (PR). Ms. Vaillant stepped down because she is an abutter. She represented the Conservation Commission regarding this application. Mr. James Lavelle provided the presentation. He said that the design review process was not formal. He said that the applicant had met with various town departments looking for input and Mr. Woodhouse had also met with the gas companies and discussed easements. They had suggested overhead utilities within the vicinity
of the gas line. Mr. Woodhouse explained that he was his family’s project manager and he had overlooked providing an explanation to the abutters at the first meeting. He provided the history of the parcel and his family’s connection to the town. He said that several members of the family planned to own homes on the site and the design presented would permit them to recoup some of the expenses. He said that he had met with the Conservation Commission on October 20 and this was determined to be of minimal impact and they did not think, at that time that an impact study was needed. He said that wetlands crossings would be minimized by having shared driveways.
Mr. Estey said that although Mr. Woodhouse had told a heartwarming story, he was not interested in stories. He said that a subdivision with this roadway length required underground utilities. Ms. Vaillant said that the Conservation Commission had reviewed the plans and were impressed with the effort to not impact the wetlands. Mr. Hull reminded the Board that this was a preliminary application and they would need to wait and review a full submittal.
Mr. Lavelle said that they looked forward to submitting a formal package and this was what the family wanted; they did not want to do a cluster development as suggested by a Board member. He said that the center-line of the road had been laid out if the Board wanted to view it.
ABUTTER COMMENTS
Hazel Owen stated that she had a right-of-way to William Woodhouse’s parcel #12, which was done in 1989 and it was to be used only to access the west lot. Mr. Estey asked if she would like this to be eliminated and she said that she would. Mr. Estey recommended that the right-of-way to Lot #12 be eliminated. Mr. Doggett recommended easement language be provided. Ms. Allen asked if the
applicant wished to terminate the design review and he said that he did.
Motion made by Mr. Doggett with a second by Mr. LeClaire to close the public hearing for the Woodhouse Design Review. The motion passed unanimously.
Allison Realty Trust (ALLSUB101805) – 4 Hadley Road – Public Hearing for a two-lot, residential subdivision for property located at 4 Hadley Road and owned by Allison Realty Trust. Tax Map 12, Block 5, Lot 6. Ms. Allen read the abutter list.
The presentation was provided by Mr. Dennis Quintal. Mr. Hull stated that all issues had been addressed. Grading was discussed. Mr. Hull said that this conformed to zoning, wetlands and subdivision regulations. Ms. Vaillant said that the Conservation Commission was in agreement. Mr. Gibbs said that the driveway looked good.
Mr. Zinlone said that he was concerned about the vernal pool located on the town-owned property.
Motion made by Mr. Doggett with a second by Ms. Miles to invoke jurisdiction on this plan as presented. The motion passed unanimously.
Motion made by Mr. Doggett with a second by Ms. Miles to approve the plan as presented. The motion passed with a vote of 6-0-1, with Mr. Harding abstaining.)
Motion made by Mr. Estey with a second by Mr. LeClaire to grant authority to the Chairman to sign the mylar. The motion passed unanimously.
BOARD BUSINESS
Stuart Jones (04SP001) – Meeting with Stuart Jones regarding a Minor Non-Residential Site Plan – Presentation of Mylar for signing and review of conditions of approval. Ms. Allen said that Mr. Jones had a complete plan but there had been some question as to whether or not an approval had been granted. Mr. Harding said that he thought it had been approved. There was some discussion about a mylar. Mr. Jones said that under the provisions of the minor site plan review, a recorded mylar was not required. Mr. Kaiser said that a mylar would not be needed if the proper documentation and plan was on file with the town.
Motion made by Mr. Doggett with a second by Mr. LeClaire to send a Notice of Decision to the Building Inspector for Mr. Jones. The motion passed unanimously.
A letter was received from Lt. Commander Casey Burns with regards to a Home Occupation and Accessory Apartment at his home located at 173 South Main Street. Mr. Burns was told that a Home Occupation could only occupy 25% of his floor space. There was some discussion about the square footage. Hobbies were discussed. Ms. Allen said that products resulting from a hobby could not be sold out of any part of the house. There was discussion that the Accessory Apartment had to be attached to the house. Mr. Burns said that they were reviewing their options. Mr. Estey said that a septic design would
be required and that there could be no external evidence of a business. Mr. Doggett said that proposed parking should be shown. Mr. Burns asked if a finished basement was considered as a part of the entire living space. He was told that it was. Ms. Miles suggested that Mr. Burns retain engineering and legal advice.
A letter was received from Mr. Charles Sacco of 7 Maple Avenue regarding a change of use for a Home Occupation.
It used to be a motorcycle repair shop and was now proposed to be a printing facility. Ms. Miles suggested that there should be a tax category for home occupations. Mr. Estey said that this probably exceeded 25% of the total floor space. Ms. Miles was concerned with solvents, printing materials, etc. She suggested sending him a letter to come in and speak to the Board further on December 13 and for more specifics to be provided. Mr. Kaiser said that an application should be filed but there could be a preliminary discussion.
Ms. Allen said that all of the members had received a copy of the Employee Matrix. She suggested that the A.A’s hourly rate be increased to $12.93, which would alter the grade and step.
Motion made by Mr. Doggett with a second by Mr. LeClaire to increase the AA’s hourly salary line in the budget to reflect $12.93 per hour, times 25 hours for 26 weeks and 29 hours for 26 weeks. The motion passed 6-0-1, with Mr. Estey abstaining.
Ms. Allen said that a master list for ordinal changes was needed.
There was discussion that Mr. Weinreib had requested a review meeting for the Smith Corner Road/Peaslee Corner Road Improvements but was unable to schedule it for this meeting. Mr. Estey suggested that the Chairman or Vice-Chairman could set up the meeting with input by Mr. Weinreib.
Mr. Szot said that per Mr. Gibbs, the walkways and sidewalks needed to be maintained but if it was a graveled shoulder, the town would not maintain it. Mr. Hull said that there should be a policy in place. There was some discussion about the walking paths at Storey Estates and that some of the residents were upset about them. Ms. Miles said that Ms. Robinson had been adamant about these paths.
Motion made by Ms. Miles with a second by Ms. Pettit to adjourn at 9:45 PM. The motion passed unanimously.
Respectfully submitted,
Sally E. Cockerline
NPBAA
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