Newton Planning Board
Minutes of WORKSESSION
November 27, 2007
Page 1 of 5
Planning Board Minutes of November 27, 2007 Work Session
1. Call to Order / Attendance
Vice Chairman, Ann Miles called the meeting to order at 7:10pm. In attendance were: Vice Chairman, Ann Miles; Planning Board Members, Jim Doggett, Frank Gibbs, and Rich LeClaire; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
Also in attendance:
Eric Steltzer, Circuit Rider
Trisha McCarthy, BOS, Conservation Commission
Bill Landry, Historical Society
Nancy Slombo, Conservation Commission, Recreation Commission
2. Road Acceptance and Bond Reduction Requests:
a. Walnut Farm/Bond Reduction Request: Charlie Zilch of SEC was in attendance to represent Dave Storey, owner of Walnut Farm. Mr. Zilch explained that he had been before the Board on November 13th at which time approximately ½ of bond reduction request #2 had been granted. (The original bond reduction request had been for $110,152 and $60,000 was granted on 11/13/07.) Mr. Zilch stated that the Board had requested some clean-up of the site at the previous meeting and that that work had been done. He directed the Board’s attention to a letter from Mike Vignale dated November 27, 2007 which pointed out the clean-up that had been done.
Specifically, the stabilized construction entrance had been reinstalled which reduced the amount of soil and mud being tracked onto Peaslee Crossing. Road agent, Gibbs, confirmed that the work had been done. Mr. Zilch said that they planned to do compaction tests and pave later in the week.
Motion by Doggett to grant the remainder of bond request #2 ($50,152) for the Walnut Farm subdivision. Second by LeClaire. Motion carried unanimously.
b. DC Development/Roadway Acceptance Request: Steve Doherty of DC Development was in attendance, he presented letters from Altus Engineering dated September 8, 2006 which stated that the road was ready for acceptance and a letter dated October 5, 2006 which indicated the amount of the 10% maintenance bond. LeClaire asked about the cistern. Mr. Doherty stated that it is a 30,000 gallon sealed concrete tank which is underground. Mr. Doherty also stated that he had recorded an easement for the cistern and that the easement refers to the plans. He also said that he thought that the mylar was being held in the Planning Board office. Miles suggested holding approval
until the Board could check on the mylar and language to deed the cistern (as recently requested by the Town). Doggett said that Mr. Doherty had satisfied the conditions that were originally given to him and that it was unfair to change the conditions at this late date. Gibbs stated that construction was done according to the plan.
Motion by Doggett to send a memo to the Board of Selectmen recommending that the Town accept Philip Way and reduce the bond to 10% retaining $22,865. Second by LeClaire. Motion carried unanimously.
c. Felicia Drive/Al Bailey Roadway Acceptance and Bond Reduction: Mr. Bailey was present. He had previously provided a deed for the road and a maintenance bond for $12,864.
Motion by Doggett to send a memo to the Board of Selectmen recommending that the Town accept Felicia Drive and release the existing bond in exchange for the replacement bond. Second by LeClaire. Motion carried unanimously.
d. Grebenstein Drive Acceptance: In keeping with established procedure, Town Administrator, Nancy Wrigley, asked the Planning Board to send a memo to the Board of Selectmen to accept the road. Road agent, Gibbs, provided a memo stating that work performed appears to be done according to the approved plans. Doggett directed the secretary to send a memo to the Board of Selectmen recommending that the Town accept Grebenstein Drive.
3. Master Plan: Steltzer provided an updated copy of the Land Use chapter with minor revisions. Ms. McCarthy, Mr. Landry, Ms. Slombo and Charles Melvin, Sr. were present to discuss the Land Use chapter. Steltzer suggested that the Board review each of 5 areas that still need input.
Page LU-2, Table 1, item # 6, action taken column: Ms. McCarthy listed several properties that had been acquired by Conservation including: 48½ acre Bush property, Conservation easements at the Forrest Reynolds property, Marden off Whittier, Pinkerton Land off Whittier, easement to access the area behind property on Heath Street (Sally Marden land), and 6 acres at Wilder’s Grove Cottage Association. Slombo provided a map but indicated that it needed to be corrected. Doggett said that the corrected map should be included in the Master Plan.
Page LU-2, Table 1, item # 7, action taken column: “unknown” will be changed to “Determined not to be a viable option.” Since the pipeline is on private property.
Page LU-2, Note worthy changes in ordinances/regulations: elderly housing and cluster development ordinances were added also accessory apartments ordinances.
Page LU-9, Paragraph on residential development since 1998: The following subdivisions were mentioned, secretary will provide more complete information: Sara’s Way, Kenwood Drive & Storey Lane, Brenner Drive, Zoe Lane, Nordic Woods, Philip Way and Felicia Drive. For 55 and over communities there are: Jacob’s Village, Sargent Woods and Fitz Estates (approved, but construction has not begun).
Page LU-9, Paragraph on commercial/Industrial Development: Puzzle Lane (3 buildings, light industrial). CBI expanded their facility. Doggett suggested including home based businesses here.
Page LU-11, Expand paragraph on the history of zoning. Mr. Melvin stated that zoning started in 1971 and the town was spot zoned, that is, parcels were zoned according to their use at the time. Ms. McCarthy said that OEP is focusing attention on mixed use land and a village concept. Doggett said it would be good to study the issue of a town center as suggested in recommendation # 9 rather than try to add too much detail to the LU chapter. Ms. McCarthy said there could be several mixed use areas rather than one center.
The Board then reviewed the recommendations listed on pages LU-15 & 16. The following suggestions were made: McCarthy – item # 2, add shoreland protection information; Doggett – item # 3, there have not been many changes to zoning made, the maps should not be out of date, Steltzer said they were in an outdated format that could be updated; Miles – item # 6, list the 4 steps of the process; Miles – item # 9, study how to provide services rather than how to build a center.
General discussion: Slombo suggested including information about the need for additional recreational lands and ball fields, McCarthy would like to include information about scenic roads and the protection of stone walls.
Miles thanked Ms. McCarthy, Mr. Landry, Ms. Slombo and Mr. Melvin for their participation and valuable input.
4. Scenic Roads and Tree Cutting: McCarthy asked Steltzer what can be done about trees removed on scenic roads without the permission of the Conservation Commission. What are the penalties? What recourse does the Commission have? Steltzer recommended educating property owners that move onto scenic roads by sending an information packet. He also suggested adding language to the ordinance to address the situation.
5. Walnut Farm: Gibbs directed the secretary to send a memo to the building inspector stating that it is ok to issue building permits for Walnut Farm.
6. Secretary Review: Miles gave members evaluation forms and asked them to fill them out and return them to the Planning Board office and thanked the secretary for handling of the office to date.
7. Board Business – Non-Compliance Issues:
a. Accessory Apartments/Heath Street: Miles recused herself. The secretary had checked with the assessor’s office and found that the home was not listed as a two family home. There appear to be several undocumented apartments at the property. Doggett said that the septic system is likely inadequate for the number of units.
Motion by Doggett to send a memo to the Board of Selectmen stating that the property is not in compliance with regulations and requesting expedient action to remedy the situation. The following are to receive a copy: Building Inspector, Code Enforcement Officer, Health Inspector. Second by LeClaire. Motion carried 3-0-1 with Miles recused.
b. Puzzle Lane 27-1: The Planning Board received a letter from Mike Vignale dated November 27, 2007 re: Construction Observation. He pointed out that a loading dock had been added to the plans and that the loading dock grading does not appear to comply with the plans. Gibbs stated that the loading dock was not a problem, the problem was with the grading to it.
Motion by LeClaire to send a letter to the developer requesting that the engineer submit a revised site plan and grading pertaining to the loading dock. Also include point # 4 from Mr. Vignale’s letter: “…the developer must obtain Town approval prior to constructing elements that do not comply with the approved plans.” Second by Doggett. Motion carried unanimously.
c. Gould Hill Antique Shop: The secretary had been asked to find out how many times the code enforcement officer had been in contact with the owners of the shop as they had not applied for a conditional use permit for the business. The code enforcement officer said he had been to the property or spoken to the owners on the phone on 3 different occasions. Doggett directed the secretary to send a memo to the Board of selectmen regarding this non-compliance issue.
8. Revised 2008 Budget: The secretary informed the Board of some changes made to the budget at the Board of Selectmen budget meeting: RPC dues was changed to $4,100 as the actual amount of the dues was now known, consultant fees was reduced to $2,000 and the line for Master Plan/CIP was reduced to $1,500 since the BOS thought that the Master Plan had already been funded and that the $1,500 could be used to cover any additional costs incurred by going over deadline. Doggett said that he didn’t think the CIP chapter had been paid for yet. Steltzer recommended contacting RPC to inquire about billing.
Motion by LeClaire to postpone discussion of the budget to the next meeting due to insufficient information. Second by Doggett. Motion carried unanimously.
9. Acceptance of minutes: The Board agreed to vote on the minutes at the next meeting.
10. Acios/Liquor License Request: LeClaire stated that he had spoken to the owners of Acios and explained that their plan was not to expand to a sit-down restaurant but that they would sell beer and wine to take out, not for on-site consumption. Doggett said the liquor license was not a Planning Board issue.
Gibbs noted that there are a lot of signs at the current location and the owners were planning on purchasing an awning with the name of the business on it for the new location. Doggett said that the regulations stipulate that the sign with the business can be no larger than 3 x 4 feet. Signs for advertising are not held to that restriction.
Motion by Doggett to remand the issue of the liquor license to the Board of Selectmen. Second by LeClaire. Motion passed unanimously.
Doggett instructed the secretary to send a copy of the regulations pertaining to signage to the owners of Acios so that they can be informed when planning signage for the new building.
11. CBI/Dealer Permit: The Planning Board received a letter dated 11/9/07 from the DMV regarding a dealer permit request for CBI under the name Anders Ragnarsson at 22 Whittier Street. Gibbs said it would allow CBI to get a dealer utility plate to move equipment.
Motion by Doggett to authorize Vice Chair, Miles to sign the application form. Second by LeClaire. Motion passed unanimously.
12. Adjourn: Motion by Doggett to adjourn at 9:35 pm. Second by LeClaire. Passed unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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