TOWN OF NEWTON, NEW HAMPSHIRE
Newton Planning Board
Public Meeting/Public Hearing
January 10, 2006
1. CALL TO ORDER
The Vice-Chairman called the meeting to order at 7:05 PM, declaring a quorum of six members present. 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:
Kim Pettit – Vice-Chairman James Doggett
Norm Harding – BOS ex-officio member Rich LeClaire
Ann Miles Gene Tolman
Kim Vaillant
Also, present:
Reuben Hull – RPC Circuit rider/planner
3. COMMUNICATIONS
Bond Reduction Request – Joseph Ferrandi, Jr. - Ms. Pettit asked if Mr. Ferrandi was present and because he was not, this discussion was tabled until he arrived at the meeting.
Bond Release Request – David A. Kolias, Sunset Ridge Subdivision – The Board requested that Altus be contacted for an inspection and bond breakdowns. It was also stated that a signed copy of the bond agreement needed to be located.
Update from Altus re: Zoe Lane – Ms. Pettit stated that four CO’s had been signed following receipt of a letter regarding an updated inspection by Altus.
NHDES – Dam Construction Application – This pertains to the Fitzgerald project and all information had been received and entered into the file.
4. APPROVAL OF PAST MEETING MINUTES
The Board reviewed the minutes from November 8, November 22 and December 13, 2005.
Motion made by Mr. Doggett with a second by Ms. Miles to approve the minutes from November 8, November 22 and December 13, 2005 as written. The motion passed 4-0-2 with Mr. LeClaire and Ms. Vaillant abstaining.
5. MANIFEST
The manifest, dated January 10, 2006 was presented and reviewed. There was some question about payments for RPC and Altus that had been listed on previous manifests (October 2005 and November 2005) but had remained unpaid.
Mr. Harding requested that a memo be sent to the Treasurer asking why these charges had not been paid and instructing her that all bills were to be paid in a timely manner. Attachments will include the previously submitted manifests and copies of minutes. Ms. Pettit made adjustments to the manifest, excluding these charges.
Motion made by Mr. Doggett with a second by Mr. Tolman to have the Vice-Chairman sign the corrected manifest. The motion passed 6-0-1, with Ms. Miles abstaining.
Ms. Pettit announced that information was received about the Office of Energy and Planning’s Spring Planning and Land Use seminar, which will be held on Saturday, April 1 in Manchester. Further information will be made available on the OEP website.
6. Communications (continued)
Bond Reduction Request – Joseph Ferrandi, Jr.: Mr. Ferrandi stated that Steve Cummings, on behalf of the State had performed the inspection. Mr. Harding stated that the board needed a report from Altus. This road had originally been inspected by RCCD but they were no longer contracted to the town. Mr. Harding asked if there were enough funds budgeted for the wearing course. Mr. Ferrandi said that he thought there were enough funds left. Mr. Harding asked if the detention pond was finished and Mr. Ferrandi replied that it was not; it still needed a drainage pipe. Mr. Harding said that he was also concerned about the line of sight and that it would be difficult to see especially in a compact car and trimming was needed. Mr. Ferrandi said that he would take care of it. Mr. Harding reviewed the “as-built” submitted earlier in the day and suggested that it be sent along to the Road Agent. This discussion was tabled while the Board awaits inspection reports.
7. 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. Dennis Quintal of Civil Construction Management provided the presentation and began by stating that Mr. Fitzgerald and he had met with Mr. Weinreib and Mr. Hull earlier in the day. He said that he would be submitting waivers for the HISS and the road cross sections. He said that the request to waive the HISS (Section 7.14.K) was because this requirement was fro non-residential site plans and this would be residential
and there was no subdivision involved. He said that the HISS was not needed and this could be justified. Ms. Miles said that developments for over age 55 were “fish or fowl” and there were issues here that needed looking at. She said that the regulations contained grey areas and this was supported by Mr. Weinreib.
She said that the Board, as the Town, should look at high density housing regarding changes and look towards the future and the developer should not be penalized. Mr. Hull said that there were two different responses: grey areas in the definitions that should be reviewed at the work session and proposing definition changes. Mr. Tolman asked if emergency and safety issues here were addressed.
Motion made by Mr. Doggett with a second by Mr. LeClaire to waive the HISS mapping under section 7.1.4.K. The motion passed unanimously.
Mr. Quintal said that the second waiver request was for the road cross-sections and he had provided typical cross-sections and this was supported by Mr. Weinreib.
Motion made by Mr. Doggett with a second by Mr. LeClaire to waive the road cross sections as listed in Appendix A. The motion passed unanimously.
Motion made by Mr. Doggett with a second by Ms Vaillant to grant conditional approval for the Fitz Realty project contingent upon counsel approval, Mr. Hull’s list being satisfied and condominium documentation approval. The motion passed unanimously.
Ms. Miles said that she wanted to publicly thank Mr. Fitzgerald and Mr. Quintal. Mr. Harding asked how long ago this application had been submitted to the Board and Mr. Quintal replied that it had been submitted in April 2004.
8. Lightizer Family Trust (LFTSUB122005) – 107 Pond Street – This was a public hearing to consider the request of Lightizer Family Trust for a two-lot subdivision. The property is located at 107 Pond Street, Newton, NH Map 4, Block 7, Lot 7. Paul Nichols, LLS represented the Lightizers and presented the subdivision plan to the Board. Mr. Nichols provided revised plans to the Board and he addressed comments submitted by Altus. With regards to the home occupation, it is owned by the Lightizer Family and run by their son. Mr. Lightizer had previously had a home business on the site for many years. He said that with regards to #5, Setback requirements, he understood that it would require a variance from the ZBA. He said that he would request a waiver from #7 (Section 7.1.4.F of the regulations).
The driveways were discussed. Mr. Harding suggested that Mr. Nichols speak with the Road Agent, Frank Gibbs. Mr. Nichols said that the driveways were existing although neither was paved. Mr. Nichols said that with regards to #16, no wells would be abandoned and he referred to Sheet #2 of the plan. Monumentation had been done at the lot corners (Comment #17). He said that not much could have been done with regards to #18, (Subdivision regulation Section 8.3). Mr. Hull said that the with regards to the setbacks, the ordinance permitted one accessory building of less than 1200 square feet to be 5’ from the property line and the existing garage was not in compliance. Mr. Doggett said that one of the concerns of the TRC was that there needed to be two
separate wells and a letter to the Selectmen regarding the home occupation because it did not meet current standards. Also, he said that there was no documentation about the second dwelling located above the garage that it was legally permitted. He said that there was no demarcation of the septic for lot 7-1. He suggested that there be a legal driveway if there was 150’ of frontage. Mr. Nichols said that there was a proposed utility easement on lot 7. He asked if there could be a waiver to Comment #18. Ms. Vaillant said that both of the regulations relating to the lot configuration and the garage needed to be followed.
Motion made by Mr. Doggett with a second by Mr. Harding to invoke jurisdiction on the Lightizer plan. The motion passed unanimously.
Motion made by Mr. Doggett with a second by Mr. LeClaire to deny the Lightizer plan as presented. The motion passed unanimously.
Motion made by Mr. Doggett with a second by Mr. LeClaire to close this public hearing. The motion passed unanimously.
9. Steve Early/S&R Construction Co. Inc. (SRSPR122005) – 185-187 South Main Street – This was a public hearing to consider the request of Steve Early and S&R Construction Co. Inc for an amended site plan review. The property is located at 185 & 187 South Main Street, Newton, NH. Map 14, Block 1, Lots 24 & 25. Bruce Scanman of Emmanuel Engineering presented the plan and he was accompanied by Mr. Steve Early and his project manager Mark Eggelsten. The mylar of the amended plan had been approved at the October 11, 2005 meeting without formal application. Mr. Scanman stated that the only changes to the approved site plan had been the addition of 19 parking spaces, the former warehouse has been changed to office space and the septic system had been re-vamped. He said that the
grading plan had not changed and there was State approval for the septic. He said that he leech field was slightly larger, the ponds were the same size and construction had only begun in the past month. Ms. Pettit said that the biggest concern had been the clear cutting of the site and the lack of buffering. Mr. Scanman said that everything met with the approval and recorded plan. Mr. Early said that this would just be for the S&R offices and nothing else. He said that there had been a building permit for an accountant’s office issued. Mr. Doggett said that the comments from the TRC were as follow:
Community water permit
Buffer needed – currently there was only some scrub bushes and trees with high canopies.
The site must meet the letter of the regulations and not just the intent.
Mr. Scanman disagreed and said that the buffer would be vegetated. Ms. Pettit suggested that a site walk be done. Mr. Scanman said that this had already been done and was not needed. He said that all of the water moved towards the rear of the property via a swale ending at the property owned by NH Fish & Game to the west. Ms. Pettit said that there were more curb-cuts than shown on the plan. Mr. Scanman said that the plans and goals had changed and direction had been received from the Board that this move was wanted. Ms. Vaillant said that she had attended the previous meetings for this site plan and it was her understanding that this site would be used for the corporate headquarters for S&R and that the cars for sale were previously owned by the company and there would be Internet sales of vehicles. Mr.
Scanman said that this was a family-run business to sell vehicles and equipment, which had always been shown on the plan. Ms. Vaillant said that it was also her understanding that the garage in the rear would be for company use only for inspections. Ms. Miles asked Mr. Scanman what the applicant thought was permitted on site. Mr. Scanman said that this site was for the corporate headquarters for S&R Construction and for vehicle and equipment sales. A letter dated August 10, 2004 containing a list of construction materials to be stored on-site was reviewed. Mr. Early suggested that an as-built plan be submitted.
ABUTTER COMMENTS
Alicia Raddatz, representing the Conservation Commission inquired about the construction materials and requested a copy of the aforementioned list. She said that all of the trees had been removed but not the stumps. She said that it appeared that the wetland flagging had also been removed and she suggested that silt fencing be installed for the protection of the wetlands. She said that there was also concerns about noise, number of occupants and a Community Well Permit.
Mr. Hull reiterated the concerns by Altus and suggested that the construction be in accordance with the engineer’s blessing. Mr. Harding asked about the Hours of Operation. Mr. Early said that they would open every day except Sunday at 7 AM. He did admit that there had been worker’s present on site on recent Sundays to catch up with the work that needed to be done.
Motion made by Ms. Miles with a second by Mr. Doggett to invoke jurisdiction on the amended S&R site plan. The motion passed unanimously.
Motion made by Mr. Doggett with a second by Mr. LeClaire to affirm the approval for the S&R site plan originally made on October 11, 2005. The motion passed unanimously.
Motion made by Mr. Doggett with a second by Ms. Miles to close the S&R public hearing. The motion passed unanimously.
10. Sara Realty LLC (SARDR112205) – 8 Wenmarks Road – Design Review – This was a public hearing to consider the request of Sara Realty LLC 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. Tolman recused himself from this hearing as he is an abutter. Mr. Ron Pica, principle for Sara Realty LLC and engineer provided the presentation by stating that he understood that this would need to be denied because of the expansion and he would need to apply to the ZBA. He stated that visitors parked at the sites because they were wide and deep. He said that there weren’t any motor homes. He said that oil separators would be added. He stated that the site was located within the Aquifer Protection District
and wetlands were shown on the plan and a 50’ setback would be maintained. He said that there had been tree-cutting prior to his ownership in what was now the graveled area and this had always been used for general storage. He invited the Board to conduct a site walk but he requested notification. He explained how the abutters were listed on the plan and he noted that the beaches were labeled. The shaded area showed the newly constructed sites and six sites were already equipped with sewer and water and utilities but only existed; these had not been used. Mr. Pica said that currently only 79 sites and his house were used. The delineation of the sites was explained and he said that these would not be sold. He said that a site measuring 50’ x 70’ could not be utilized by trailers and that many times he did not allow the campers to use the entire site. He said that he had been very careful about which trees were cut and because he had been so selective it had been
very expensive. He said that he had not addressed comments from Altus.
ABUTTER COMMENTS
Alicia Raddatz, representing the Conservation Commission inquired about materials used for the sites. Mr. Pica said that the sites would be part gravel, part stone and some grass (minimal). He said that many of the campers liked to do their own plantings. He said that these were seasonal sites with the season being from April 1 – November 1 and that there wasn’t any camping in the off-season. Ms. Raddatz was concerned about the septic. Mr. Pica said that it was designed for 90 GPD per site per day and that the State permitted 30 GPD per site per day and he suggested that this be checked with the State. He compared this as to what was permitted for a four-bedroom house. Ms. Raddatz said that the oil separator would need maintenance and a plan to that affect should be submitted to the Planning Board.
She said that if a site walk was scheduled both the Conservation Commission and the Recreation Commission would like to be notified of the time and date.
Rick Bailey, Chairman of the Newton Recreation Commission said that the Town Beach was for residents only. Mr. Pica said that he had operated this campground for six years and he previously met with both the Recreation Director and the Chief of Police.
Lois DeYoung – Country Pond Fish & Game Club – asked how far sites were located from the railroad tracks. Mr. Pica said that they were 30’ from the property line and 75’ to the center of the tracks. He agreed to fence the site along the tracks. Ms. DeYoung asked if any trees would be removed. Mr. Pica said that he believed that there would not be and as few trees as possible would be removed. Ms. DeYoung said that she was concerned about noise. Mr. Pica said that the trees that were there were not dense; there were pine trees with high growth and it would not make much of a difference.
Rob Peterson – said that a three page letter had been submitted to the Board and signed by twenty-one abutters, who had concerns. He asked if he should read the letter. Ms. Miles said that there should be an overview provided for those viewing the meeting. Mr. Peterson said that comments had been accumulated and began by stating that if this expansion would be a 46% increase, the neighborhood could be looking at 936 additional persons in the neighborhood every summer. The abutters felt that this would be a considerable impact. He said that many abutters thought that the campground looked like a trailer park. He said that they had been told by Mr. Pica in the beginning that campers would be out of sight and the neighbors would be pleased. He said that everything was visible and there was a chain-link fence
when they had been assured there would be a stockade fence that would be aesthetically pleasing. He said that what was there was neither attractive or friendly. He said that the Town Beach was a nice beach and the campground beach was not as nice so many of the campers used the Town Beach, which put a strain on the one lifeguard on duty. He said that he thought this caused a liability. He said that there was also a problem with safety for the residents in the cove of the pond and it was very narrow and the only channel. He said that boats were always being repaired or worked on. Abutters complained of the constant smoke from camper’s fires and there was a great impact on the neighbors. He said that in 1975 there was fourteen tent sites and the McLaughlin’s had 25 sites and now there were eighty with 38 more proposed. The abutters thought enough was enough and they favor a site walk, suggesting that it be held at the height of the season in mid-summer. They also felt
that the campground should remain as it currently was and that work had been done beyond the approval. Mr. Peterson said that a neighborhood association was being formed and Mr. Pica would be invited to join.
Ms. Vaillant explained that there were two issues: the plan needed to be denied because of the expansion of a non-conforming use and the existing concerns expressed by the abutters. Ms. Pettit said that a site walk was a form of public hearing. Mr. Pica said that was not a problem and he suggested a site walk now and one in May. He added that every camper that had a boat at the campground left it there year-round and that those that owned the boats were uneducated and repaired their boats constantly. He said that he ran a good campground, owned the road and he had hoped that the abutters would have showed some appreciation for a well-run campground. He said that he was a little disappointed in listening to the complaints. Ms. Vaillant said that the issues were more about the boats and complaints. She said that
she would be irate if she was an abutter. She said that all issues that were raised would be looked at during the site walk.
Jean Cheney asked what the zoning was for that area. She was told that it was Residential A and that this use was considered a non-conforming use for this zone as it was a commercial use.
Ms. Pettit explained the procedure that the Planning Board had to deny this application so that variances could be sought from the ZBA with regards to the expansion.
Motion made by Mr. Doggett with a second by Ms. Miles to invoke jurisdiction on the Sara Realty plan. The motion passed unanimously.
Mr. Doggett said that on behalf of the TRC, concern was expressed about the “newly constructed” sites and there was some that feared the work had been completed. Mr. Pica said that six sites had been completed prior to the court action but they had not been used. Mr. Pica said that he should have labeled them “proposed”. Mr. Doggett said that natural expansion of non-compliance with the zoning was not permitted.
Motion made by Mr. Doggett with a second by Mr. Harding to deny the Sara Realty plan. The motion passed unanimously.
Motion made by Mr. Doggett with a second by Mr. Harding to close this public hearing. The motion passed unanimously.
Ms. Miles thanked the abutters for participating.
The meeting was adjourned at 10:20 PM.
Respectfully submitted,
Sally E. Cockerline
Administrative Assistant
Newton
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