Newton Planning Board
Minutes of public hearing
november 13, 2007
Page 1 of 6
Planning Board Minutes of November 13, 2007 Public Hearing
1. Call to Order
Chairman Pettit called the meeting to order at 7:00 PM. In attendance were: Chairman, Kimberly Pettit; Planning Board Members, Jim Doggett, and Frank Gibbs; Alternate Mary Allen; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
Pettit appointed Allen to stand in for Valliant for the evening.
Also in attendance was Eric Steltzer of Rockingham Planning Commission. Pettit announced that Mr. Steltzer would be replacing Reuben Hull as the Circuit Rider Planner for the Town.
2. William Colbert/Grey Barn Boatworks: Public hearing for a minor non-residential site plan at 14 Amesbury Road. The property is referenced as Tax Map 10, Block 7, Lot 20-1.
Mr. Colbert addressed the Board. He stated that he is leasing space from Stewart Jones who owns the Amesbury Road property. Mr. Colbert is the sole proprietor of Grey Barn Boatworks, he has no employees. He builds fiberglass boats. His hours of operation are similar to those of the existing business at the property. He stated that there are no parking issues since he rarely has any customers on site.
Pettit instructed the secretary to forward copies of the Material Data Safety Sheets that Mr. Colbert provided with his application to the fire department and the Conservation Commission. Pettit also directed the Boards attention to a memo from the Conservation Commission (undated) listing 2 concerns. 1) paint emissions and controls, chemical use and storage and 2) controlling run off from washing boats.
Kim Vaillant arrived at 7:07 PM. Pettit appointed Allen to stand in for LeClaire.
Mr. Colbert explained that he builds approximately 4 boats per year. He does not do full body painting, most of the boat is already painted when he receives the kit. He does paint some smaller parts. Mr. Colbert also stated that he does not wash the boats.
Dogget asked what washing-up facilities were available to Mr. Colbert. Mr. Colbert stated that he shares the common areas with the property owner, Mr. Jones.
The Board and Mr. Steltzer asked several questions with Mr. Colbert supplying answers:
What type of flooring does the shop have? The shop has a cement floor and there is no floor drain.
Is there storage of boats? There is no storage of boats.
How many boats are kept outside? There are no boats kept outside. The boat being built would be kept inside. They are built to order, approximately 4 a year.
How are chemicals stored? Paint is stored in original containers in one area in a plastic cabinet.
How are chemicals disposed of? Paint and resin are allowed to harden in the can and then thrown in the trash. Mr. Colbert is contracting to have the trash picked-up.
Gibbs stated that the types of chemicals, amounts of chemicals and the locations in which they are stored must be noted on the plans so that in the event of an emergency, the fire department is aware of what chemicals may be present.
Motion by Pettit to grant conditional approval of the site plan for Grey Barn Boatworks contingent upon: the Planning Board’s receipt of the marked up building layout plan indicating the storage of on-site materials listed on the Commercial Business Registration form and the name and addresses of the businesses at the property.
Discussion: There was some question as to whether the correct number of the business is 14 or 16. Mr. Colbert explained that there are 2 mailboxes at the property, number 16 is for Mr. Jones’ business and number 14 is for Mr. Colbert’s business. Doggett said the notation on the plan should indicate that the number is 14 and reference the map, block and lot.
Pettit’s motion seconded by Doggett. Motion carried unanimously.
Motion by Doggett to close the public hearing. Second by Vaillant. Motion carried unanimously.
Pettit asked the secretary to request 6 copies of the plan.
3. 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.
Allen stated that the checks for the application fees should be made out to the Planning Board and not to the Town of Newton. (Policies and Procedures Manual page 7) She also said that a budget line should be added to show revenue received by the Planning Board. Vaillant said that revenue received could be reported as an offset to the Planning Board budget.
Pettit suggested that the proposal be discussed with the Treasurer.
Motion by Doggett to continue the hearing to December 11, 2007. Second by Pettit. Motion carried unanimously.
4. Dave Storey/Walnut Farm – Bond reduction request: Vaillant recused herself. Charlie Zilch of SEC was in attendance representing Mr. Storey. Vaillant addressed the Board on her own behalf as an abutter to the subdivision. Vaillant stated that trucks going in and out of the subdivision had tracked mud into the street. There is mud on both sides up and down Peaslee Crossing. Also, large trees had been removed at the wetland crossing exposing the swale. She stated that the area was a mess. Vaillant was also concerned that work was going on into the evening.
Gibbs stated that the construction entrance had been taken out and that it should have remained in place until the developer was ready to begin paving. This was the reason for the mud in the roadway. Gibbs also stated that the developers were allowed to work until 9:00 pm according to the ordinances.
Mr. Zilch said that he would talk to Mr. Storey about the mud, the removal of the construction entrance and the work hours.
Pettit said that the amount of the bond reduction request was high. The request was for $110,152.00. Mr. Zilch asked if the Board would consider a partial reduction and added that he would see that the site got cleaned up.
Motion by Allen to grant a bond reduction of $60,000 and consider granting the remainder at the November 27th work session pending cleanup work being done. Second by Doggett. Motion carried unanimously.
Gibbs suggested that Town Engineer, Mike Vignale, inspect the site at one of his regular visits and report on the cleanup.
5. Bailey/Felicia Drive – Roadway acceptance request: Pettit stated that Mr. Bailey had completed the items on the punch list and that Mr. Vignale said that the road could be considered for acceptance subject to the developer providing required roadway and easement deeds and a maintenance bond. (Memo dated 10/23/07, Felicia Drive – Punch List)
Gibbs stated that the Town was requesting that all cisterns and the access to them be deeded to the town per direction of the Town’s insurance company. He explained that the insurance company had said that insuring cisterns in easements was problematic since with an easement, the Town doesn’t own the land.
Allen stated that the regulations will have to specify that cisterns and roadways must be deeded to the town. The Board could discuss the issue in conjunction with the other policy changes at the next hearing.
Pettit asked the secretary to contact Mr. Bailey and notify him that the easement needs to be added to the as-built plan and also to ask him to deed the access and cistern to the town. The matter was continued to the November 27th work session.
5. DC Development/Philip Way – Roadway acceptance request: Pettit asked the secretary to contact DC Development and have them make sure that the plans correctly show the cistern and ask them to deed the access and cistern to the town. The matter was continued to the November 27th work session.
6. Road acceptance – general discussion: Pettit said that she felt that the Board needed to discuss roadway acceptance policies with the Selectmen. She said that she would send a memo to the Selectmen to see if they would meet to discuss the issue. The matter was continued to December 11th.
7. Compliance Issues:
a. Marine Clean – Pettit stated that a business had opened at 23 South Main Street and that the business owner had not submitted a site plan despite several reminders from the Planning Board office.
Motion by Doggett to send a memo to the Board of Selectmen asking them to issue a Cease and Desist order to Marine Clean for non-compliance. Second by Allen. Motion carried unanimously.
Doggett asked the secretary to add “Printed Name” under the signature line to the Commercial Business Registration form.
b. Puzzle Lane 27-1 site plan changes – Pettit stated that the site plan for 27-1 had been changed without Planning Board approval. A loading dock had been added which changed some of the grading and drainage and the parking had been altered. Gibbs said that adding a loading dock seemed minor but that the parking should not have been changed. Pettit said she would touch base with Mike Vignale and Ron Lemere regarding 27-1 and also ask Mr. Vignale for a summary on the overall state of the project. The matter was continued to November 27th.
c. Country Pursuits – Pettit asked the secretary to check with the compliance officer to see how many times he has spoken with the owners regarding this business.
d. Accessory Apartments/Heath Street – The compliance officer notified the Planning Board office that there were accessory apartments at 1 Heath Street. The owner indicated that the property is a two family home. Doggett, a previous owner of the property said that it was not a two family home and that there should not be apartments in the “green house” area. Pettit asked the secretary to meet with the assessor to determine if the property is listed as a two family.
8. Other Board Business
a. Manifests: Doggett motion to pay operating budget dated 11/13/07 for $3,520.82.
Vaillant asked to view the bill from computer consultant Sylvania Maddock. Vaillant questioned several of the charges. Doggett rescinded his motion.
Doggett motioned to pay the telephone bill and legal fees listed on the operating budget manifest dated 11/13/07 for a total of $2,720.82. Second by Vaillant. Motion carried unanimously.
Pettit stated that she would review the bill from the computer consultant.
Pettit motion to pay the NPREA manifest dated 11/13/07 less the 2 bills from Altus paying a total of $3,944.92 and to send the bills back to Altus requesting dates of service be added to the bills. Second by Vaillant. Motion carried unanimously.
b. Minutes: The Board reviewed the minutes of the October 23rd work session. Vaillant asked that paragraph 3 under 3. Master Plan be reworded as follows: “Vaillant noted that in the table on page 2, item # 6, “Town encouragement of current use lands to be placed in town conservation” the “action take” column in the draft chapter should include…”
Allen motion to accept the minutes of October 23, 2007 as corrected. Second by Vaillant. Motion carried unanimously.
c. Service Agreement for Estudio 202L copier: Allen said that the Recreation Commission and the Conservation Commission should pay a share of the service agreement since they use the copier. It was suggested that the service agreement should be part of the Selectmen’s budget.
Pettit said she would find out how budgeting for the Town copier was handled since there are many departments that use it.
d. Correspondence:
i. 11/6/07 memo re: Budget Meeting - Pettit will contact the Selectmen’s office and set a time for the budget meeting. Pettit asked the secretary to forward a copy of the budget and year-to-date income.
ii. 10/1/07 letter re: RPC Dues – Steltzer stated that RPC dues will be adjusted annually to account for inflation. The dues for 2008 will be $4,086.
iii. 11/2/07 letter re: Kenwood Drive - Gibbs stated that there was minimal work left to be done.
iv. 11/3/07 letter re: Nordic Woods – Gibbs stated that work had not progressed much.
v. 11/107 letter re: Walnut Farm – Gibbs stated that they may have received building permits, there may be building going on at the site. No building was to be done before paving. Pettit asked the secretary to check with the building inspector.
9. Adjourn - Allen moved to adjourn.
Gibbs wanted to bring up one more item for discussion: Mr. Nichols cut trees on the Sargent Woods site up to Mr. St. Jean’s property line. Mr. Nichols asked Mr. St. Jean to construct a berm on his property to screen Sargent Woods from the cranes on St. Jean’s property. Gibbs said that there were wetlands on Mr. St. Jean’s property and he wasn’t sure if a berm could be constructed. Pettit stated that there had been some private agreement between Mr. Nichols and Mr. St. Jean.
Pettit noted that Mike Garrepy was proposing a cluster development and wanted to bring it before the Planning Board for a denial based on acreage so that he could go to the Board of Adjustment and request a variance. Mr. Steltzer said that, in his opinion, having to apply to the Planning Board first was excessive. Mr. Steltzer said he would check his schedule to see if he was available to meet with Mr. Garrepy.
Doggett seconded Allen’s motion to adjourn. The motion carried and the meeting adjourned at 9:30 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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