Newton Planning Board
Minutes of public hearing
October 9, 2007
Page 1 of 5
Planning Board Minutes of October 9, 2007 Public Hearing
1. Call to Order
Chairman Pettit called the meeting to order at 7:07 PM. In attendance were: Chairman, Kimberly Pettit; Vice Chairman, Ann Miles; Planning Board Members,
Jim Doggett, Rich LeClaire and Kim Vaillant; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
2. Marley Builders: Continuation of a 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. Pettit informed the Board that Marley Builders requested a one year extension in a fax dated October 8, 2007.
Motion by Pettit to continue the public hearing to January 8, 2008. Second by LeClaire. Motion carried unanimously.
Doggett pointed out that the developer would not be able to sell the existing home separately from the land they wish to subdivide since the plan to subdivide had not yet been approved. LeClaire stated that the existing home and land were being marketed as one property.
Pettit noted that the Planning Board had received correspondence from the Conservation Commission on September 11, 2007 that lists 5 issues. Pettit said that she thought that most of the issues had been addressed and instructed the secretary to verify that with correspondence from Altus Engineering.
Nancy Slombo was in attendance representing the Conservation Commission. She stated that she had been out on the Peanut Trail, which abuts the property, to measure the stakes. She stated that some of the survey stakes are located about 20 feet onto Town property. She also asked of the no-cut buffer along the edge if the Peanut Trail was referenced on the deed. Pettit said that it was.
3. Scott Alexander: Continuation of a public hearing to consider the request for a minor non-residential site plan at 2 West Main Street. The property is referenced as Tax Map 6, Block 2, Lot 4. Pettit opened the public hearing for 2 West Main Street.
Mr. Alexander presented a septic design plan and a parking design plan. LeClaire pointed out that the Board needs to see a site plan showing signage, driveways, etc. Mr. Alexander said that he did not plan to make changes to the exterior of the building. His plan was to move Acio’s Pizza into the building. He stated that the Planning Board had approved a site plan a few years ago.
Doggett pointed out that there were discrepancies between those plans, which the Board viewed at the previous hearing, and the plan that Mr. Alexander had provided for the lot-line adjustment that the Board had approved and recorded. The old plan showed the property as if the lot-line adjustment had already been done. Doggett also stated that a State driveway permit would be needed for the additional driveway.
Miles said that she was pleased that Mr. Alexander intended to maintain the historical integrity of the front of the building and that parking would be in the back.
Pettit asked about the traffic flow. Mr. Alexander explained that traffic would enter at the right of the building, park in the rear, and exit to the left of the building. Pettit also stated that a State driveway permit was required. Miles pointed out that the driveway to the right has been in use for many years. Mr. Alexander distributed a copy of an e-mail dated December 3, 2003 from former owner, Gordon Cheney stating that “there has always been the privilege of being able to drive completely around the building”. Pettit stated that this needed to be verified with the State.
Pettit also said that the well needed to be checked for adequacy and that Conservation should look at the plans. There was mention made of the occupancy load possibly requiring a community well (if greater than 24 occupants).
Mr. Alexander stated that NHDES had checked the parking lot. He said that he was not changing the parking lot, it is already gravel and since there was to be no construction, no drainage plans should be necessary.
Motion by Miles to grant conditional approval of the site plan at 2 West Main Street contingent upon the following:
1) State of NH septic approval.
2) Verification by the State of NH of capacity of the well for intended commercial use.
3) State of NH driveway permit.
4) Payment of an engineering review fee of $500.
Second by Pettit. Motion carried unanimously.
Motion by Pettit to close the public hearing. Second by Miles. Motion carried unanimously.
4. Country Pond Fish & Game: Continuation of a Public Meeting to review sound mitigation compliance with respect to the original Site Plan approval conditions.
Pettit directed the Board’s attention to two pieces of correspondence received from Frank Kuhn of Air and Noise Compliance, a letter dated September 28, 2007, re: Review of Cross-Spectrum 19 May 2007 Noise Study and an e-mail to the Planning Board dated October 3, 2007 in which Mr. Kuhn described the work done by CPF&GC between June 2006 and the September 2007 site walk. He also pointed out a few more items that CPF&GC could do.
Pettit stated that in his letter of 9/28/07, Mr. Kuhn reported that the study done by Cross-Spectrum Labs for Whispering Pines Campground, did not change the conclusions expressed in his 9/17/07 letter which summarized his findings after the recent site walk.
Motion by Doggett to untable Vaillant’s motion of 9/25/07 as amended below. Second by Vaillant. Motion to untable carried unanimously.
Motion by Vaillant to declare that the sound mitigation condition has been met based on 9/28/07 and 10/3/07 correspondence from Frank Kuhn stating that his review of Herbert Singleton’s 5/19/07 Noise Study does not materially alter his professional opinion as outlined in his 9/17/07 letter to the Planning Board. Second by Doggett. Motion carried unanimously.
Motion by Doggett to strike “condition” from the motion. Second by Vaillant. Motion carried unanimously.
Miles read into the record a portion of Frank Kuhn’s 10/3/07 e-mail: “I think the CPF&GC has met the minimum construction requirements; any additional work should focus on: 1) The sound absorption within the shed…2) Making the windows into better attenuators may offer some additional improvement.”
Miles stated that she assumed there would be good will on the part of CPF&GC to an every effort to do those things suggested by Mr. Kuhn in his e-mail and that this would be in the club’s best interest.
5. 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.
Motion by Doggett to continue the hearing to October 23rd, 2007. Second by Pettit. Motion carried unanimously.
Pettit asked the secretary to get an updated version of the new language from Mr. Hull and to incorporate it into the regulations.
8. Other Board Business
a. Acceptance of Minutes
Motion by Doggett to accept the minutes for the Work Session of 9/25/07. Second by Miles. Motion carried 4-0-1 with LeClaire abstaining.
b. Manifests
Motion by Doggett to pay $58.75 from the Operating Budget for expenses as listed on the Operating Budget Expense Manifest dated 10/9/07. Second by Miles. Motion carried unanimously.
Motion by Doggett to pay $4,879.84 from the NPREA account for expenses as listed on the NPREA Expense Manifest dated 10/9/07. Second by Vaillant. Discussion – Pettit asked if Mr. Alexander had paid his recording fees, secretary confirmed that he had. Motion carried unanimously.
c. Bond reduction request Walnut Farm Subdivision
As an abutter to the property, Board member Kim Vaillant recused herself at this time.
Atty. Ed Woiccak of Marshall Law Offices was in attendance representing Maplevale Builders. He made 3 points regarding the bond reduction request. 1) Retainage is the amount of cost that you hold back until the work is done, inspected and approved. 2) Mr. Storey is a man of his word. 3) Under section 10.1 of the Subdivision Regulations, the Board can grant waivers. To require Mr. Storey to hold back 20% makes it difficult to complete the project.
Atty. Woiccak noted that in his 10/4/07 letter, Mike Vignale of KV Partners calculated the reduction in two ways, first with a retainage of 20%, and then with a retainage of 10%, counting the contingency of 10% as part of the retainage (totaling 20%). He asked that the Board use the second method to calculate the reduction.
Pettit noted that bond reduction worksheet provided by SEC was not on letter head and requested that SEC resubmit it.
Motion by Pettit to conditionally approve the bond reduction of $137,600.00 leaving a balance of $518,417.56 contingent upon receipt of original paperwork. Second by Doggett. Motion carried 4-0-1 (Vaillant recused).
d. Roadway Acceptance Request – Al Bailey / Felicia Drive
Mr. Bailey was in attendance. Pettit stated that the top coat had been applied to the road last week. Mike Vignale had been out to inspect the road and had only minor concerns. Pettit suggested continuing to October 23rd pending Mr. Vignale’s report.
Joe Ferrandi / Patriot Drive
Mr. Ferrandi was not in attendance. Pettit noted that there were still some outstanding issues with this road.
Motion by Pettit to continue to October 23rd. Second by Doggett. Motion carried unanimously.
DC Development / Hillside Estates
No representative from DC Development was present. Pettit stated that an easement agreement for the cisterns had been received. She recommended that the agreement be reviewed by town counsel and by the road agent.
Motion by Pettit to continue to October 23rd. Second by Doggett. Motion carried unanimously.
e. NFIP
The Board had been notified by Nancy Wrigley that there were a few outstanding issues that needed to be completed regarding the National Flood Insurance Program. 1) Complete the application. 2) Determine where the required language needed to be inserted into the Subdivision and Site Plan Regulations. Pettit suggested carrying the matter over to October 23rd.
9. Correspondence
a. Letter from Mary Ellen Davenport dated September 11, 2007 re: tree planting required by S&R Construction Company at 185 Main Street. Vaillant stated that Conservation had met with Mr. Early of S&R and he had agreed to plant the trees in the spring but it had not been done. Miles stated that she had recently spoken to Mr. Early and he said that he had ordered trees and would plant them within the next couple of weeks, weather permitting.
b. Letter from NHDES re: Shoreland Waiver 2006-01269 - an FYI item only.
c. Letter from KV Partners dated 9/25/07 re: Lot 27-1 Puzzle Lane. A revised site plan had been submitted to the town engineer depicting several revisions to the project. KV Partners approved changes to the drainage, but did not approve other changes which included a loading dock, truck turn around and changes to the parking. Mr. Vignale said those approvals would have to come through the Planning Board. Pettit noted that Mr. Vignale said that construction of the loading dock was underway without approval. Pettit also noted that bonding had expired on the project. She suggested that the project be discussed at the next Technical Review meeting. Miles asked that the Board obtain a larger copy (“D” size sheet) of the overall master
plan for Puzzle Lane.
d. Complaint Report dated 10/2/07 re: LaCroix, 40-44 Whittier Street. Pettit suggested that the board refer this matter back to the code enforcement officer to have him monitor activity for 21 days. Also, a third driveway on the property had been denied by the State but appears to have been built anyway. Pettit asked the secretary to locate the State’s denial of the driveway and send a copy to the code enforcement officer.
e. Internal Controls Assessment Report, January 2007. Pettit asked the secretary to review the report and report back to the Board if there are any items that pertain to the Planning Board.
8. Adjourn - Allen moved to adjourn at 8:50 PM. Second by LeClaire. Motion carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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