Newton Planning Board
Public Hearing/Meeting
February 28, 2006
1. CALL TO ORDER
The Chairman called the meeting to order at 7:05 PM, declaring a quorum of five 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:
Mary Allen – Chairman James Doggett
Norm Harding – BOS ex-officio member Rich LeClaire
Ann Miles Kim Vaillant (late)
Also present:
Frank Gibbs – Road Agent
Sharon Cuddy Somers – Board Counsel
Eric Weinreib – Town Engineer
3. APPROVAL OF PAST MEETING MINUTES
The Board reviewed the minutes of January 24, 2006.
Motion made by Ms. Vaillant with a second from Mr. LeClaire to approve the minutes of January 24, 2006 as written. (Passed 4-0-2, with Mr. Doggett and Ms. Allen abstaining.)
4. FEBRUARY MANIFEST
The February Manifest, dated 2/28/06 was presented as follows for payment:
Operating Budget
Planner Contract $5,130.00
Choice One Communications (Telephone) $ 102.20
Legal $1,159.90
Total Expenses – Operating Budget $6,392.10
N.P.R.E.A.
Recording Fees: Gunderson Corrected Plan $26.00
Copies of Same $12.00
Subtotal RCRD $38.00
Consulting Fees – Legal
Sargent Woods – Applicant Review $ 240.00
Fitzgerald Estates – Applicant Review $1,050.00
Second Storey – Applicant Review $ 60.00
Legal Review Subtotal $ 1350.00
Legal Ads $ 452.80
Legal Ad Subtotal $452.80
Hydrogeologic Study – D.B. Truslow $ 337.50
(Charge to 125 Development)
Total Expenses – NPREA $ 2,176.30
Motion made by Mr. Doggett with a second by Mr. Harding to approve the February Manifest as presented for payment. The motion passed unanimously.
5. CIRCUIT RIDER CONTRACT
Ms. Allen informed the Board that the 2006 contract for the Circuit Rider/Planner had been received and needed to be signed. Ms. Miles inquired as to why this would not be put out to bid. Ms. Allen explained that the State mandated that there be a planning commission for each county and in turn each town paid dues based on population and a contract for professional planners to be contracted to the town for expert assistant. The contract was signed.
6. FERRANDI BOND REDUCTION
The Board reviewed the letter from Jim Kerivan of Altus, who after reviewing Patriot Drive, supported the bond reduction request of $9,361.06 leaving a balance of $$34,778.58.
Motion made by Ms. Allen with a second by Mr. Harding to approve the bond reduction for Ferrandi. The motion passed with a vote of 5-0-1, with Ms. Miles abstaining.
7. OTHER BUSINESS
Ms. Allen stated that there would need to be a sound study done for Country Pond Fish & Game. Mr. Harding said that an “as-built” plan would also be needed. It was suggested that a letter requesting the club’s progress be sent.
8. Robert F.W. Sacco
7 Maple Avenue
Map 10/Block 7/Lot 12
This was a public hearing in which the applicant, Robert F. W. Sacco is requesting a Conditional Use Permit for the purpose of establishing a home occupation at his residence at 7 Maple Avenue. Mr. Harding stepped down from the meeting as he is an abutter to the applicant. Mr. Sacco said that he had a barn that measured 28’x35’, located at the rear of his property, which was once used for motorcycle repair and he would like to operate a small marketing/public relations office with a digital printer (Indigo 1050). He said that his family owned the Lexington Press and his father was retiring. He said that most of his business came from the Internet and he specialized in personalized products. He said that there would be no employees except himself and his sister (part time) and that his family could
help him if needed. Ms. Vaillant asked if the ink cartridges would be recycled and Mr. Sacco replied that they were placed into a drum. Ms. Miles said that she was concerned with fans exhausting materials. She asked for documentation that none of the materials were harmful or hazardous. Ms. Allen read the abutter list and there was discussion about being a good neighbor. Mr. Sacco said that there would be no fumes, no noise and no solvents and if this business was to grow, he would move it. He explained the size of the printer and said that it had to be in its own climate-controlled room for humidity reasons. He said that he had done some limited work. Mr. Doggett asked if the vinyl-backed material was EPA approved because he thought the process for this was different.
Abutter Comments
Fred Rogers said that he had been told by the previous owner that the barn would be for hay storage and it became a repair shop; he did not want a junkyard.
Tim Blomberg, 5 Maple Ave. said that this appeared to be a modern, computerized piece of equipment. He said that the barn was located 75 yards from his home and there was nothing outside, no noise, and very clean. He said that he had no objection to this business.
Norman Harding, 2 Maple Ave. said that he had seen the machine and saw no problems. He said that it was quiet, clean and an ideal home-style business and a great asset to the town.
Ms. Miles said that she was concerned about the expansion of home businesses and asked how the town could properly tax them. Mr. Harding said that he did not have that answer. Ms. Vaillant asked if special electrical was needed (no) and said that she thought this would be a perfect, low-volume business and agreed to limit the employees to two.
Motion made by Ms. Vaillant with a second by Mr. Doggett to approve a C.U.P. for a printing business at 7 Maple Avenue with the restrictions being 2 full-time employees and 2 parking spaces. The motion passed unanimously. The public hearing was closed.
9. In accordance with RSA 675-6, and 675-7, The Town of Newton Planning Board will conduct a public hearing at the Planning Board's regularly scheduled meeting of February 28, 2006 beginning at 7:30 PM, at the Newton Town Hall, 2 Town Hall Road in Newton, NH regarding proposed amendments to the Town Subdivision Regulations and Site Review Regulations with regard to the following:
Subdivision and Site Review Regulations: pertaining to (1) Formal Application, (2) Plan Requirements (Conditional Use Permit), and (3) Jurisdiction of residential site plans.
Subdivision Regulations
Section 6.1.8
Add the following text:
Names and addresses shall be on 3 sets of mailing labels, 2-5/8” x 1”
Site Review Regulations
Section IV Jurisdiction
Add the following text:
4.6 These non-residential site review regulations shall also apply to any new construction or expansion of use that results in greater than four (4) residential units on a lot and occasions development of the site, as described under paragraph 4.2.
Section 6.1.7
Add the following text:
Names and addresses shall be on 3 sets of mailing labels, 2-5/8” x 1”
Section VI
Add the following new section
6.2 Conditional Use Permit
A. The Board hereby adopts the following procedures for review and approval of Conditional Use Permits. Projects that fall under Conditional Use Permit authority include the items listed below. These provisions are enacted to permit the expedited and cost-effective review of Conditional Use Permits.
1. Home Occupations, as described in the applicable section of the Newton Zoning Ordinance.
2. Accessory Apartments, as described in the applicable section of the Newton Zoning Ordinance.
3. Aquifer Protection Zone Permitted Uses, as described in the applicable section of the Newton Zoning Ordinance.
B. Conditional Use Permit applications may be submitted, reviewed, and approved at one or more Board hearings subject to the following conditions:
1. Submission and notice: An application for Conditional Use Permit approval shall be submitted in the same manner as prescribed in 6.1.1 of these regulations, including fees. Notice of Conditional Use Permit review requests shall be given in the same manner as prescribed in 6.1.6 of these regulations.
2. Public Hearing. A public hearing, with notice as provided in 6.1.7, shall be held for the Board to render a final decision on the Conditional Use Permit.
3. Decision of the Board: With the exception of the expedited review procedures intended herein, the Board shall follow the same decision making principles specified for standard site plan review applications.
4. Required exhibits and fees: Conditional Use Permit plans are not required to be prepared by a professional engineer or licensed land surveyor, but must accurately depict distances, setbacks, and other required information necessary for Board review. Fees shall be in accordance with 6.1.1, C, 5. The following items shall be depicted on the Conditional Use Permit application plan.
(a) The name and address of the property owner.
(b) Location of the site (vicinity sketch), street, address, zoning district, and Tax Map/Lot number.
(c) Description of the existing and proposed uses, including, but not limited to, approximate size, height, and placement of structures, parking and loading areas, driveways, water, sewer, drainage, and utility lines, paved areas, exterior signs, exterior lighting, and landscaping.
(d) Calculations of allocation of space for primary and accessory uses.
(e) Additional information as stipulated in the Newton Zoning Ordinance, as applicable.
Motion made by Mr. Doggett with a second by Mr. LeClaire to approve the changes to the proposed amendments: to wit, removal of the name-brand of labels and leaving the dimensional sizes. The motion passed unanimously. The public hearing was continued to March 28, 2006 at 7:30 PM.
10. NON-MEETING
The Chairman announced that the Board would be entering into a non-meeting under the provisions of NH RSA 91: a, 2, (c) with counsel.
11. PEASLEE CROSSING/SMITH CORNER ROAD IMPROVEMENTS UPDATE.
Mr. Eric Weinreib updated the board on the Peaslee Crossing Road/Smith Corner Road update. He said that the documents had been prepared and were out for bidding. There will be a pre-bid site meeting on March 16 and bids must be received no later than March 23 at 3:30 PM. The estimated start date is May 1, 2006 and must be completed before July 1, 2006 so that the State can do the wearing course at no charge to the developers. He said that Mr. Gibbs had completed the excavation for the pole relocation.
Attorney Somers said that she had had a discussion with Mr. Fitzgerald, who said that he would be posting his fair share (as calculated by Altus Engineering). Mr. Ned Nichols said that he would post his fair share of the bond as soon as he could secure financing. Attorney Somers reminded those present that the July 1 deadline was critical and it was imperative to have a commitment because the town would be entering into a contract in March. Mr. Nichols said that he had not been given a timeline and he would post when financing was available to him. Attorney Somers said that if the town had to do everything it must, then it would and Mr. Nichols said “okay”. Mr. Nichols said that he did not have a signed site agreement with the town. Attorney Somers said that she would speak to his attorney. Mr. Nichols said that he had new figures to present with regard to the Fair Share portion of the bond. He said that he wanted to re-visit the terms and he asked for a bond reduction. Ms.
Allen said that this should not be discussed as the Board had not reviewed the paperwork submitted at this meeting by Mr. Nichols. She added that this had been decided last August. Mr. Harding said that there should be more effort on the financing and less effort on court procedures then his project would be further along. Coleman McDonough stated that he thought that Mr. Nichols had received every relief possible. Ed Wishek of Dav-Lynn said that the Fair Shares had been agreed upon last year and David Story had posted the full amount. Ms. Allen said that the Board would review materials received. Mr. Doggett said that the Board had voted last August and everything had been finalized and voted. He said that it was an insult to the Board to ask for changes six months later and this would be his last meeting. Mr. Weinreib offered to review the information and said that it was a slight percentage change as proposed by Mr. Nichols.
Attorney Somers said that there had been litigation about these issues that was resolved. She said that there should be a discussion with Attorney Grau (Nichols attorney) and the Board should take all of this under advisement. David Storey asked what would happen if Mr. Fitzgerald and Mr. Nichols did not pay their fair share of the bond. Mr. Nichols said that he wanted to cut down trees. Mr. Doggett and Ms. Allen said that the bond needed to be in place. Mr. Harding said that an Intent to Cut needed to be filed. Mr. Nichols said that he filed one last spring and it was never signed. Ms. Vaillant asked why Mr. Nichols had not followed through with this. Mr. Nichols said that his attorney had spoken with Attorney Somers about this issue. Mr. Nichols said that the development agreement should be signed but thought Attorney Somers wanted to make changes to it. Attorney Somers said that the information had been forwarded
to his attorney last fall and the Fitzgerald project had been approved in January. She said that the Fair Share document needed to be amended at that time, which was done and she would speak to Attorney Grau about amending the figures and having it signed. Mr. Nichols said that he could not post what he did not have, he thought that there would be a procedure in place for the Occupancy Permits and he would like to work out the issues with Mr. McDonough because there was no problem between them; he was just trying to protect his project. He distributed information he would like to solve any issues with Mr. McDonough.
Coleman McDonough
Mr. McDonough spoke about appearing before the ZBA for a variance issue. The Administrative Assistant informed the board that an Equitable Waiver of Dimensional Requirements had been advertised but it was actually a request by Mr. McDonough for a 20’ variance for a second building on Lot 27-3 that had not been approved by the Planning Board and there had been some discussion about the need for a denial first by the Planning Board. The ZBA Chairman had stated that he had spoken with an attorney at NHMA (Local Government Center) who had told him that a denial would not be needed but per Ms. Vaillant, who attended the ZBA meeting, the other members were not comfortable with this and continued the public hearing. There was tremendous discussion. Attorney Somers said that the Board needed to speak with the Building
Inspector and one opinion was needed. Mr. DiBartolomeo, the Building Inspector, spoke briefly about the permitting process. Mr. McDonough said that it was ludicrous to go through an entire site review for this. Mr. Doggett said that the ZBA should be getting the clarification. Ms. Miles said that someone should render an official opinion.
Motion made by Ms. Vaillant with a second by Mr. Harding to have Attorney Somers get the name of the attorney that Mr. McElroy spoke with and to authorize Attorney Somers to contact that person for the purpose of discussion and render a decision. The motion passed unanimously.
Mr. Doggett said that there would need to be a site review for each occupant at Puzzle. Attorney Somers suggested that a Change of Occupancy form be created.
Ms. Vaillant asked if there could be a bond reduction given to Mr. Storey. Attorney Somers said that this needed to be looked at with other issues.
Mr. Weinreib stated that there was a large diameter culvert being installed at lot 27-3 and he had been surprised to learn that there was a Wetlands Permit issued. He said that five copies were created; one for the State and four for the Town and the Conservation Commission must act on each of these Dredge and Fill it received. He said that he had not heard about it and the work going on there was above and beyond what the Planning Board had approved. Mr. McDonough said that there were three wetlands’ crossings for the Intents to Cut; there couldn’t be one without the other. Mr. Weinreib suggested that the Board develop a policy about Dredge and Fills. Mr. McDonough said that he was nearing the completion of the project and would soon be looking for Certificates of Occupancy. Mr. Harding said
that the Board had allowed the construction of the building but the Cease and Desist had not been removed and this was not an issue to be taken lightly. The Planning Board had ordered the Cease and Desist but the Board of Selectmen could lift it but the situation on-site has not been corrected. Mr. Harding said that this needed to be solved and suggested that Mr. McDonough work this out with Altus. Ms. Miles said that an as-built needed to be within the perimeters of the approved plan.
Ms. Allen said that she would like the Board to make a motion to send a written apology to the Lo Vecchio’s for requesting an amended subdivision plan and that as private citizens; they could do what they wished on their own property regarding driveways. There was discussion at to what the Board’s actions should be for a Dredge and Fill. The Conservation Commission Chairman had informed the Board that her commission had never received a Dredge and Fill for Lo Vecchio. There were comparisons made between the Lo Vecchio and McDonough Dredge and Fills. Ms. Miles said that the difference for Lo Vecchio was an approved shared driveway versus a filled wetland. Attorney Somers asked if what was built and existed was what was approved and she was told that it was not.
She reviewed the letter that had been sent to the LoVecchios and said that the Town must decide if there should be an enforcement action because what was built was not the same as the recorded plan. Mr. LeClaire said that approvals had to be abided by or there was no point coming before the Board to just end up building something different. Mr. Harding said that Ms. Allen should step down because she was an abutter. Mr. Doggett said that he was actually the abutter. Mr. Harding said that it did not matter because Ms. Allen lived across the street from the subject parcel. Ms. Allen stepped down from the Lo Vecchio discussion. The Board requested input from other departments and asked that this issue be placed on the March 28, 2006 agenda for further discussion.
Motion made by Ms. Miles with a second by Mr. LeClaire to adjourn at 10:25 PM. The motion passed unanimously.
Respectfully submitted,
___________________
Sally E. Cockerline
Administrative Assistant
Newton Planning Board
| 
