Newton Planning Board
Minutes of public hearing
September 11, 2007
Page 1 of 4
Planning Board Minutes of September 11, 2007 Public Hearing
1. Call to Order
Jim Doggett called the meeting to order at 7:05 PM. In attendance were: Planning Board Members, Jim Doggett, Frank Gibbs, and Rich LeClaire; Alternate, Mary Allen; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock. Doggett appointed Alternate Allen to stand in for the evening.
2. Marley Builders: Public hearing to consider the request for a two-phase, 5-lot subdivision on Whittier Street. The property is referenced as Tax Map 6, Block 9, Lot 9. Doggett informed the Board that Marley Builders requested a continuance to October 9th in a letter dated September 11, 2007.
3. Manifests
Motion by Allen to pay $1,504.40 from the NPREA account, expenses as listed on the NPREA Expense Manifest dated 9/11/07. Second by LeClaire. Motion carried unanimously.
Motion by Allen to pay $166.50 from the Operating Budget, expenses as listed on the Operating Budget Expense Manifest dated 9/11/07. Second by LeClaire. Motion carried unanimously.
4. Acceptance of Minutes
Motion by Doggett to accept the minutes for the Work Session of 8/28/07. Second by Gibbs. Motion carried 3-0-1 with LeClaire abstaining.
5. Scott Alexander: Public hearing to consider the request for a lot line adjustment and minor non-residential site plan at 2 West Main Street. The property is referenced as Tax Map 6, Block 2, Lot 4. Doggett opened the public hearing for 2 West Main Street.
Mr. Alexander explained that the property at 2 West Main Street had been surveyed and that an adjoining parcel had been purchased from the railroad company. He stated that he needed a lot-line adjustment to combine the two parcels. He also stated that Acios Pizza was planning to move its business to the existing building at 2 West Main.
Motion by LeClaire to invoke jurisdiction. Second by Allen. Motion carried unanimously.
The board reviewed the plan for the lot-line adjustment and determined that it appeared to be straight forward.
Motion by LeClaire to approve the lot-line adjustment at 2 West Main Street as proposed by the plan dated 12/8/04 and revised 9/14/06 and drawn by Paul F. Nichols PE, LS. Second by Allen. Motion carried unanimously.
Motion by Allen to authorize Doggett to sign the mylar for the lot-line adjustment at 2 West Main Street. Second by LeClaire. Motion carried unanimously.
Doggett closed the public hearing for the lot-line adjustment.
The Board then discussed the second item brought by Mr. Alexander – the request to move Acios Pizza into the building. Allen pointed out that the current use of the property is commercial offices and apartments. The building is not currently used as a restaurant. Mr. Alexander presented plans for the project but stated that he needed to get an issue regarding property lines cleared up before he could get accurate plans and a septic design.
Doggett stated that the Board could not act on the proposal until the acreage issue was resolved. Allen pointed out that a State Driveway Permit would be required if a second driveway were to be added to the right of the building. Mr. Alexander asked if Acios Pizza could move into the building. Doggett explained that if all the requirements were met, it was his opinion that the Board would likely grant the request, but no decisions could be made until a complete application was provided.
Motion by Allen to schedule a public hearing for the site plan for October 9th, 2007. Second by LeClaire. Motion carried unanimously.
Doggett asked the secretary to schedule the project for the September 17th Technical Review Meeting.
6. 125 Development NH Corp: Continuation of public hearing to consider the request for review of a proposed major non-residential site plan at Puzzle Lane, Phase II. The property is owned by 125 Development NH Corp. and is referenced as Tax Map 14/Block 1/Lot 27-3. LeClaire recused himself. Dennis Quintal, PE spoke on behalf of the applicant, Mr. McDonough. Mr. Quintal addressed the remaining engineering comments noted in a letter from KV Partners dated September 7, 2007.
Comment 1 – (paraphrased) Retaining walls are depicted on the plans but details are not provided. Add appropriate details and provide guardrail protection if required. Mr. Quintal suggested that review of the retaining wall and guardrail be conducted by the Town Building Inspector. KV Partners further commented that work outside the footprint of the building was typically part of the site plan review conducted by the Planning Board, but did not object to the Board delegating this responsibility to the Building Inspector.
Comment 2 – (paraphrased) Handicapped ramp details do not comply with ADA requirements. Mr. Quintal provided a sheet labeled Ramp Detail N.T.S.
Comment 3 – (paraphrased) The water quantity mitigation strategy depicted in the plans is effective but must be meticulously maintained in order to ensure proper functioning. The maintenance schedule recommended on the plans appears reasonable, however the Town should require the owner to enter into a Long Term Inspection and Maintenance Agreement or at least require annual reporting be included in the Development Agreement. Mr. Quintal stated that the Town must develop an ordinance that requires Long Term Inspection and Maintenance Agreements for drainage systems and that all commercial and some residential property owners should be required to comply with the ordinance.
Doggett explained that the Board was currently working on language for such an ordinance.
Comment 4 – An Alteration of Terrain Permit (Site Specific) is required for the project. Mr. Quintal explained that the application had been filed with the State, it is still pending.
Board Member, Kim Vaillant arrived 8:00 PM. Doggett briefed her on the discussion.
Allen stated that until the Cease and Desist order (DES Administrative Order No. WD 07 – 023, dated 8/15/07) is lifted; the Board should not approve the plans.
Doggett asked when the applicant expected the Cease and Desist order to be lifted. Mr. Quintal stated that once Site Specific approval is obtained, the State will lift the Cease and Desist order.
Doggett moved to grant conditional approval for the site plan for Tax Map 14/Block 1/Lot 27-3, Phase II contingent upon the following: 1) The applicant obtain a Clean Letter from KV Partners. 2) The residence by the State of DES Administrative Order No. WD 07 – 023. 3) The issuance by the State of the Alteration of Terrain (Site Specific) permit. Second by Vaillant. Motion carried 4-0-1 with LeClaire recused.
7. Country Pond Fish & Game: Public hearing to review sound mitigation compliance with respect to the original Site Plan approval conditions. Doggett noted that the applicant had requested a continuance in a letter dated 8/29/07 from the applicant’s attorney Sumner Kalman.
Motion by Allen to continue the hearing to October 9th. Second by LeClaire.
Mr. Pica, of Whispering Pines Campground, explained that he is currently involved in litigation with the Gun Club and that both Mr. Pica and the Gun Club had been asked to report back to the court within 45 days. He asked if the hearing could be held during the September 25th Work Session instead of the October meeting. It was noted that CPF&G had also requested that the hearing be held on September 25th.
Allen amended her previous motion to continue the hearing to September 25th. Second by Vaillant. Motion carried unanimously.
The Board then scheduled a site walk at CPF&G for September 15, 2007 at 8:30 AM and to continue on at Whispering Pines Campground at 9:30 AM.
Doggett instructed the secretary to publicly post notice of the scheduled site walk.
8. Town of Newton, NH: Continuation of public hearing for review and adoption of proposed amendments to the Subdivision Regulations and the Site Plan Review Regulations regarding the following: application fees and procedures. Since Mr. Hull was unable to attend the meeting and revisions had not been distributed to the members prior to the meeting, the board declined to discuss this issue.
Motion by Allen to continue review and adoption of proposed amendments to the Subdivision Regulations to October 9, 2007. Second by Vaillant. Motion carried unanimously.
9. Board Business
a) 2008 Preliminary Budget, due 9/27/07. The Board reviewed the budget and made changes to line items as follows: RPC Dues from $4,000 to $4,500; Legal Fees from $7,000 to $10,000; Advertising from $500 to $750; Circuit Rider Contract from $11,500 to $12,500; Master Plan/CIP from $0 to $3,500; and Salaries from $18,608 to $19,000. All other line items remain the same. Budget Total increases from $52,058 (2007) to $60,700 (2008). Motion by Allen to submit the 2008 Preliminary Budget with changes as noted above to the Board of Selectmen. Second by LeClaire. Motion carried unanimously.
b) Joe Ferrandi request for road bond reduction for Patriot Drive. Mr. Ferrandi was not present and was unable to obtain the necessary paperwork in time for the meeting. Gibbs asked to be notified when an inspection was scheduled for Patriot Drive.
c) Secretary proposal for extra hours. The secretary explained that she requested to work approximately 60 extra hours between September and December of 2007 to work on file cleanup. There are adequate funds in the budget for the project. A detailed memo had been sent to the Chair (dated 9/6/07). No Board member objected to the proposal.
10. Adjourn - Allen moved to adjourn at 9:00pm. Motion carried.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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