Newton Planning Board
Minutes of public hearing
DECEMBER 11, 2007
Page 1 of 5
Planning Board Minutes of December 11, 2007 Public Hearing
1. Call to Order
Vice Chairman Miles called the meeting to order at 7:30 PM. In attendance were: 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.
Circuit Rider Planner, Eric Steltzer was also in attendance.
2. Essex Equity Realty Trust: Public hearing for design review of a 4-lot cluster development at Peaslee Crossing Road & Quaker Street. The property is referenced as Tax Map 7, Block 6, Lot 9-1.
Mike Garrepy was present to represent the developer, Scott Boches. He explained that Essex Equity Realty Trust holds title to the property.
Planning Board member, Frank Gibbs arrived at 7:35.
Mr. Garrepy stated that the property is approximately 14 acres in size with frontage on Peaslee Crossing. This frontage will not be used to access the developable area. Mr. Garrepy referenced a letter from the Conservation Commission, dated November 21, 2007, supporting the project. Mr. Garrepy further explained that the cluster design allows a reduction in lot size and provides open space for the public to enjoy. He stated that the area outside of the four house lots, approximately 10 acres, would be deeded to the town. This land abuts the existing conservation land known as the Forrest Reynolds property.
Mr. Garrepy said that he would be appearing before the Board of Appeals since the lot was less than the 20 acres required by the Open Space – Cluster Development Ordinance. But, he stated, the plan otherwise meets the purpose and intent of the ordinance providing a balanced approach between development and conservation. He said that 7 or more homes could have been built using a conventional subdivision design.
Mr. Garrepy explained that a private way is proposed instead of a town owned road. The private way would be designed to be as narrow as possible while still meeting safety requirements. He stated that he had met with the fire chief to discuss the project. He also stated that a waiver will be required for the private way.
Miles introduced Circuit Rider Planner, Eric Steltzer and explained his role as technical adviser to the Board. Mr. Steltzer explained the application process stating that the plan was submitted to the Planning Board to receive a denial so that the developer could seek a variance from the Board of Appeals. A denial letter was written and the applicant will appear before the BOA. If the BOA grants a variance, the developer will submit a formal application to the Planning Board. The plan is currently in the design review phase during which time the developer receives input on the proposed project.
Mr. Steltzer went on to explain some of the variances and waivers that the project will require. Under Section 28.6 of the Zoning Ordinances, a variance will be required since the lot is less than 20 acres in size. The ordinance also requires that the access way be within the frontage of the property (Peaslee Crossing) but the plan proposes access from Quaker Street. The ordinance also requires at least 50 feet for the right of way. The plan proposes a 25 foot ROW.
Under Section 15:4(a)(6)(b) the maximum with of a driveway approach is 15 feet. The plan proposes a wider driveway since NFPA codes must be met and there must be enough room for 2-way traffic.
Mr. Steltzer also said that there is a value to conserving land and connecting parcels of conservation land. This plan proposes connecting the parcel to the Forrest Reynolds parcel and allowing public access to conservation land. Also, having the private way access the property from Quaker Street avoids the wetlands area on the Peaslee Crossing side.
Mr. Steltzer pointed out that a waiver will be needed for Subdivision Regulation 8.2.4.A.2 (c) which disallows shared driveways and 8.2.4.A.2 (d) which disallows driveway construction within wetland setbacks.
Mr. Steltzer also noted that there may be some issues concerning RSA 289 Cemeteries. He read a portion of section 3 of the RSA “…no new construction, excavation, or building shall be conducted within 25 feet of a known burial site or within 25 feet of the boundaries of an established burial ground or cemetery…”. He said that the ROW encroaches by 4 or 5 feet in some areas but that the buildable portion of the driveway might be outside the buffer area.
Doggett read the letter from the Conservation Commission dated 11/21/07.
Babcock read the list of abutters. It was determined that abutters living at 8 Quaker Street and 69A Peaslee Crossing had moved. Several people mentioned that they wanted to be notified of meetings even though they were not abutters. Mr. Garrepy said that was not a problem. The names were collected. The secretary will forward the list to Mr. Garrepy.
Miles notified the abutters that the Board of Appeals hearing would be on December 18th and encouraged them to attend. Miles then asked to hear abutter comments.
Barry Gluck, 11 Quaker Street, said it was a good idea for the developer to work with Conservation. He read a letter from the Rines Family Trust (dated April 10, 2006) and one he had written himself. Mr. Gluck stated that the Rines Family Trust owns the property between #10 and #14 Quaker Street and that the proposed roadway would cross over the Rines’ property. Mr. Gluck further stated that construction would pass within 25 feet of the cemetery, violating the RSA, and may even damage the cemetery. He was concerned that development may make flooding in the area worse and may cause existing wells to dry up.
Craig Fortin, 33 Quaker Street, said, as a citizen and firefighter, he felt that overdevelopment within the town is making it difficult for police and fire to keep up with the increasing volume of calls. He was concerned that additional development would jeopardize safety.
Jim Foy, Kingston, said that he owns the area behind the proposed development (MBL 6-8-6). His concerns were that: Stage Coach Road once went through that property but it is not shown on the plans and he has always enjoyed a right-of-way through the site to access his property and would like the developer to consider extending a ROW from the private way into his property. Mr. Foy also demonstrated that the lot lines and acreage of his parcel have inexplicably changed over the years so he is concerned about where the lot lines actually lie.
Charles Morril, Bedford, asked if any tax relief will be realized when the conservation land is deeded to the town. He said that the new owners (on the proposed private way) will only give up having the town plow the road. No other services are offered. Other concerns included: his dug well might lose water, flooding might increase. He said he was not against development if there was no adverse affect on the neighborhood.
Ted Pekalsky, 22 Quaker Street, wanted to know who was responsible for resolving the issue of who owns the disputed parcel of land.
Allen Felisberto, 14 Quaker Street, stated that flooding is a major issue in the area and referenced a letter dated May 16, 2006 from his father-in-law, an engineer. He said that the right-of-way run-off streams are overgrown and need to be cleared. Mr. Felisberto suggested that the town purchase the lot as is. He also mentioned the RSA stating that construction is not allowed within 25 feet of a cemetery. Mr. Felisberto listed a number of other concerns including: Stage Coach Road is town property, he was not notified when the developer petitioned the land court to get a ROW by the cemetery, the proposed private way will have a poor line of site and cause a safety hazard, the area has ladyslipper plants and owls and other wildlife. He said he would send his concerns in writing.
Joe Simone, 7 Quaker Street, had the following concerns: the environmental impact will be extensive, there are a number of disputed property line issues that need to be resolved, there are safety issue concerning the roadway and fire safety. He also wanted to know why the developer was going to the Board of Appeals before the Planning Board. Doggett and Vaillant explained that the Planning Board cannot take jurisdiction of the project since it does not meet some of the basic requirements and a variance is required. Mr. Simone also stated that people drive too fast on Quaker Street and more development would add to the problem. He distributed pictures showing the extent of the flooding in the area in the spring of 2006. Mr. Simone said that a culvert had been crushed between # 8 and # 10 Quaker and it had not been
repaired.
Stanley McKillop, 20 Quaker Street, said that the flooding is the main concern and that there is a lot of ice in the winter.
Keith Archung, 10 Quaker Street, showed slides to the Board. He was concerned that the private way would be clearly visible from his yard and lower his property’s value. He said the road would have an obstructed view and a sharp turn with a steep grade. He was concerned about flooding and said that both Stage Coach Road and the run-off brook both flood each spring. Mr. Archung said that the proposed private way was encroaching on his property. He was also concerned about the disputed property around the cemetery. Mr. Archung said that adding houses would destroy necessary habitat for several species that use the vernal pools to breed but live in the drier areas leaving the vernal pools to the mosquitoes, thus increasing the threat of mosquito born disease.
Steve Shapiro, 6 Quaker Street, was concerned that additional septic systems, combined with the usual flooding will cause problems with sewerage.
Richard Fortin, 25 Quaker Street, said that the private way might be poorly constructed.
Bob Litwinovich, 16 Quaker Street, was concerned about the 25 foot setback around the cemetery, the disputed property lines, flooding and washout on the roads.
Miles thanked the abutters for their comments and suggested that they put their comments in writing and send them to the Planning Board. Vaillant said she appreciated the large turnout, it says a lot for their neighborhood. She also said that one vehicle for preserving open space and limiting development is the Master Plan.
Doggett mentioned that one abutter had misspoken and that the board does not give variances in exchange for land. He also encouraged the abutters to look into the boundary line disputes, as they are civil matters, and to attend the Board of Appeals meeting on the 18th.
Kim Vaillant departed at 9:30.
3. Walnut Farms Bond Reduction Request: Charlie Zilch of SEC was present to represent Dave Storey. Mr. Zilch requested a bond reduction of $140,990.00. The bond currently stands at $408,265.56 and would be reduced to $267,275.56. A letter dated 12/11/07 was received from Mike Vignale stating that the work had been completed as listed on the bond reduction worksheet dated 12/4/07.
Motion by Doggett to issue a bond reduction for Walnut Farms in the amount of $140,990. Second by LeClaire. Motion carried unanimously.
Mr. Zilch then asked if the non-reducible portion of the bond labeled “engineering” could be reduced to pay the engineering bills. Miles said no.
4. Manifests:
Motion by Doggett to authorize Miles to sign the NPREA manifest dated 12/11/07 in the amount of $1,696.52. Discussion: Gibbs questioned the DTC invoices, some were from 2006. The secretary explained that she had examined the bills from 2006 and 2007 and determined that several had not been paid and that she and Pettit had reviewed the bills to see if any charges could be passed on to developers. LeClaire seconded the motion. The motion passed 3-1 with Gibbs opposed.
Motion by Doggett to authorize Miles to sign the Operating Budget manifest dated 12/11/07 in the amount of $1,351.63, holding out the invoice for Sylvania Maddock for $800 until it could be reviewed. Second by LeClaire. Motion carried unanimously.
5. Minutes: Gibbs stated that in the minutes for November 13, 2007, it should say that the plans for Grey Barn Boatworks should show the location of the dumpster on the property. All commercial business must have a dumpster.
Motion by Doggett to accept the minutes for November 13, 2007 as amended and the minutes for November 27, 2007. Second by Gibbs. Motion carried 3-0-1 with LeClaire abstaining.
6. Correspondence: The Board reviewed the correspondence in the meeting packet. Miles referenced an e-mail from the treasurer dated 11/28/07 re: Interest Calculation for Ann Miles – NPREA account. Miles had requested interest payment on a NPREA balance owed to her since 2005. No board member opposed the payment of interest.
7. 2008 Schedule: The Board decided to reschedule the January public hearing for January 22, 2008 since primary elections will be held on the 8th. The next worksession will be held on January 29, 2008.
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 application fees and procedures.
Doggett moved to continue the hearing to January 22, 2008. Second by Miles. Motion carried unanimously.
The secretary will print copies of the revised regulations and distribute them to the members early so that they can review them.
10. Adjorn:
Motion to adjourn at 9:55 PM by Doggett, second by Miles, passed unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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