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August 28, 2007 Planning Board Minutes
Newton Planning Board
Minutes of WORKSESSION MEETING
August 28, 2007

Page 1 of 2
Planning Board Minutes of August 28, 2007 Work Session
1. Call to Order
Chairman Kim, Pettit called the meeting to order at 7:10pm. In attendance were: Chairman Kim, Pettit; Vice Chairman, Ann Miles; Planning Board Member, Jim Doggett; Alternate, Mary Allen; Circuit Rider Planner, Reuben Hull; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock. Pettit appointed Alternate Allen to stand in for the evening.

2. Correspondence - Dura Complaint to Board of Engineers
Pettit updated the Board regarding the complaint by surveyor, Ted Dura to the Board of Engineers that his surveyor’s stamp had been used without permission in connection with the Sargent Woods project.  Pettit stated that, according to Atty. Sharon Somers, Mr. Dura and True Engineering are in a dispute regarding fees to be paid in connection with the preparation of a condominium site plan and that Mr. Dura’s concerns do not extend to the plan signed and recorded by the Board. Pettit said she would keep the board informed of any further developments.

Frank Gibbs arrived at 7:25pm.

3. Proposed Changes to Fees and Procedures
Hull distributed revised copies of the document entitled “Policy & Procedures – Newton Planning Board”.  Hull reviewed the proposed procedure for notifying abutters.  In the new procedure, applicants will be required to obtain a copy of the legal notice from the Planning Board, then prepare and send out abutter notices.  Pettit suggested that the Board prepare a Completed Application Checklist to help ensure that applicants understand what is required of them. Pettit also suggested that copies of all state permit applications be required as part of a complete application.

Hull also discussed changes to the fee schedule and escrow deposit.  Doggett suggested including an additional escrow deposit for large developments. Pettit pointed out that the regulations already provide for replenishing the escrow account. Doggett suggested that the language about replenishing the escrow account be made to stand out more.

The Board discussed design review. Pettit stated that the regulations must be clear that applicants must re-apply and re-notice with the formal application after a design review.  Miles pointed out that having to pay the application fee twice penalizes developers that are trying to work with the town.  Hull recommended setting a nominal application fee for design review.  Allen suggested $25.

4. Bonding
Pettit noted that the subdivision regulations require performance guarantee and deposit of inspection fee prior to the Board giving final approval to a site plan but that section IX states that the amount and type of performance guarantee must be determined prior to final approval with posting required prior to the issuance of building permits.  Hull recommended that approvals be written up with conditions broken out by conditions precedent (conditions that must be met prior to the signing of mylars) and conditions subsequent (conditions that can be met after the signing of mylars but before the issuance of building permits).

Pettit suggested that the Board clarify what types of bonds it should accept.  Hull recommended listing the types of bonds that are acceptable in the regulations.

Pettit also wanted the Board to clarify the timing of bonds (the point in the process when the bond must be posted). Hull suggested that the value of the bond be determined as part of the approval process but the posting of the bond be required just prior to the pre-construction meeting. There should also be provisions for adjusting the bond for inflation at the time of construction and periodically throughout the construction process.

5. Charles Melvin, Sr. was in attendance. He notified the Board that the Whispering Pines hearing before the Board of Appeals had been continued to September 18th and a site walk was planned for September 8th at 3:00 pm.

6. CIP Chapter – Master Plan
Pettit said that she had some correspondence from Eric Steltzer of RPC regarding the CIP Chapter and that she would forward it to Doggett for his review.

7. Tracking Drainage System Maintenance
Hull provided sample copies of checklists that could be used to track the maintenance required for different types of drainage systems throughout the Town.  Hull suggested that property owners be responsible for keeping records on the maintenance they perform, subject to review by the Town. Doggett suggested that the property owners be required to submit copies of their maintenance reports to be kept on file in the Planning Board office.

8. Acceptance of Minutes
Allen moved to accept the minutes of the August 14, 2007 public hearing. Second by Doggett. Motion carried unanimously.

9. Correspondence - Walnut Farm Pre-Construction Meeting
Miles, Hull and Mike Vignale of KV Partners attended a pre-construction meeting for the Walnut Farm Subdivision.  Pettit asked the secretary to contact the town administrator regarding timber clearing and excavation on the site as described in Mr. Vignale’s memo dated August 25, 2007.

10. Adjourn - Miles moved to adjourn at 9:30pm. Allen 2nd. Motion carried.

Respectfully Submitted,


Lisa Babcock
Administrative Assistant
Newton Planning Board.