Newton Planning Board
Minutes of 2nd public hearing for
Adoption or amendment of zoning ordinance
JANUARY 10, 2008
Page 1 of 5
Planning Board Minutes of January 10th, 2008 2nd Public Hearing for Zoning
All minutes are in draft form until approved by the Planning Board. Please check subsequent minutes for approval of and/or amendments to these minutes.
1. Call to Order
Chairman Pettit called the public hearing for adoption or amendment of zoning ordinances to order at 7:10 PM. In attendance were: Chairman, Kim Pettit; Vice Chairman, Ann Miles; Planning Board Members, Jim Doggett, Rich LeClaire and Kim Vaillant; Alternate, Mary Allen; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
Also in attendance: residents Keith Hart and Charles Melvin, Sr.
Pettit appointed Alternate Allen to stand in for absent member Gibbs for the evening. Vaillant stepped out.
2. Citizen’s Petition to amend the Elderly Housing Ordinance:
Motion by Pettit to re-open the public hearing for the citizen's petition amendment to the Elderly Housing Ordinance. Second by Allen. Motion carried.
Miles voiced the following concerns regarding the ordinance: the Town does not have services such as shopping and public transportation to support a large elderly population. The absence of these services was the reason that limits to the number of elderly housing units were originally imposed. She also pointed out that increasing the number of elderly housing units could result in increased calls to support services such as fire and police. Miles stated that in many areas of the country, tax credits are given to the elderly so increasing elderly housing would not necessarily result in increased tax revenue. Pettit concurred adding that cluster developments, which are not required to be 55 and over, can be built to maintain open space.
Motion by Doggett to not recommend the citizen's petition amendment to the Elderly Housing Ordinance.
Mr. Melvin stated that elderly housing provides tax relief to the town without adding children to the schools. He stated that the cost of educating one student is more than the tax revenue generated by one house. Pettit suggested that the Town look into affordable housing as opposed to adding more elderly housing. Mr. Hart stated that adding elderly housing may draw the needed services to the town. Miles said that there are other ways to relieve some of the tax burden, such as by developing commercial property.
Miles seconded the motion made by Doggett. The motion carried with 5 in favor, Vaillant still out.
Motion by Pettit to close the public hearing for the citizen's petition amendment to the Elderly Housing Ordinance. Second by LeClaire. Motion carried.
3. Citizen’s Petition to change zoning of a parcel on Crane Crossing:
Motion by Pettit to re-open the public hearing for the citizen's petition amendment to change the zoning of a parcel on Crane Crossing Road. Second by LeClaire. Motion carried.
Pettit informed the board that she had asked Circuit Rider Planner, Eric Steltzer via e-mail if the Planning Board, with Mr. Hart's permission, could change the article to read "Map 6, Block 5, Lot 11" instead of "Map 6, Lot 5". Mr. Steltzer stated in an e-mail dated 1/7/08 that the Planning Board could not change the article and advised the Board to seek legal opinion. The secretary contacted Attorney Somers who stated that if Mr. Hart's intention was to change the zoning on only his property, it would be ok to add the proper Map, Block and Lot to the article. Somers said that the petition includes the phrase "belonging to Keith Hart", the intent to re-zone only his parcel seems clear and that Mr. Hart should confirm his intention at the public hearing.
Mr. Hart was present at the meeting and he confirmed that the intention of his petition is to change the zoning of the parcel that he owns.
The Planning Board concluded that the Board of Selectmen could change the wording to clearly reflect which parcel was being affected.
Pettit mentioned that Alternate Nelson had questioned the minutes of the previous meeting noting the type of business on the property. Mr. Hart said he keeps trucks and equipment on his property. Pettit said we'll call it a trucking business.
Miles pointed out the Mr. Hart is in litigation with the town concerning his property. Doggett stated that the petition seemed to be spot zoning and the Planning Board should never approve spot zoning. Doggett also said that, while it is true that there is a strip of commercial property to the rear of Mr. Hart's parcel, this amendment would put a commercial property in the middle of a residential neighborhood. Doggett also pointed out that there is no such thing as a "commercial/residential" zone as stated in the petition.
Pettit suggested that Mr. Hart might appear before the Board of Appeals and seek a variance to run a commercial business in a residential zone.
Vaillant returned to the meeting.
Mr. Hart said that with the trains behind him and traffic and school buses on Crane Crossing he feels as though there is commercial activity all around his property. He stated that he wants to work on his trucks without causing problems and that he cannot get a plate to move equipment without a commercial property.
LeClaire pointed out that the Board must consider future uses of the property. If the property becomes commercial, any future commercial business could end up in the residential neighborhood. Mr. Melvin noted that Mr. Hart and any future business owner would be required to go before the Planning Board with a site plan.
Motion by Miles to not recommend the citizen's petition amendment to the zoning of Keith Hart's parcel on Crane Crossing due to current litigation with the Town and the issue of spot zoning. Second by Doggett. Motion carried 4-2-0 with LeClaire and Vaillant opposed.
Pettit moved to close the public hearing on the Crane Crossing article. Second by Doggett. Motion carried unanimously.
4. Proposed adoption of building codes:
Pettit moved to open the public hearing on the proposed adoption of building codes. Second by Miles. Motion carried unanimously.
Doggett stated that when the State changes the building codes, the Zoning Ordinances automatically implement the change. LeClaire stated that by adding the dates to the Zoning Ordinance, the Planning Board would have to change the Ordinance every time the State adopted a new code. Allen said the State has adopted the 2006 IBC.
Motion by Doggett to not recommend the amendment to adopt building codes with the following parenthetical statement because the Town has already adopted the State building codes by reference under Section XVIII. Second by LeClaire. Motion carried unanimously.
Pettit moved to close the public hearing on the proposed adoption of building codes. Second by Miles. Motion carried unanimously.
5. Proposed adoption of hot water code:
Pettit moved to open the public hearing on the adoption of the hot water amendment. Second by Miles. Motion carried unanimously.
The article reads: All domestic potable hot water supplied to all plumbing fixtures and equipment shall not exceed 130 degrees F, a master thermostatic mixing valve complying with ASSE 1017 shall be installed at the energy source.
Motion by Miles to recommend the amendment as written.
Allen questioned why this article should be recommended. She wanted to know if everyone in the town would be required to have a thermostatic mixing valve installed if the article passed. Allen motioned to not recommend the article.
LeClaire explained that the thermostatic mixing valve would be only required on new construction and possibly on remodels to bring the property up to code. He said this is common practice. LeClaire stated that the purpose of the mixing valve is to maintain hot water under peak demand and prevent scalding. Allen withdrew her motion to not recommend.
Pettit seconded Miles motion to recommend. Motion carried 4-1-1 with Allen opposed and LeClaire abstaining.
Pettit moved to close the public hearing on the adoption of the hot water amendment. Second by Doggett. Motion carried unanimously.
6. Proposed amendment to the General Provisions Ordinance (XVIII):
Pettit motion to re-open the public hearing on the proposed amendments to zoning ordinance XVIII regarding junk yards. Second by LeClaire. Motion carried unanimously.
Pettit explained that legal counsel had proposed the language to better control junk yards in the Town. The reference to RSA 236:91 because it was in conflict with the definitions in the Zoning Ordinances.
The following changes are proposed:
Add to Definitions: Motor Vehicle: Any self-propelled vehicle, including boats.
Strike from Section XVIII paragraph 1, "Junk" shall be construed to be the same as that defined in RSA 236:91.
Amend Section XVIII paragraph 4 to read: No occupant or owner of land shall have or shall cause to have on their property or permit more than one (1) motor vehicle which is not registered or inspected, unless such vehicle is stored in a legally permitted structure. This shall include vehicles or appurtenances no longer intended for legal use on the highways, or used parts or materials from which, taken together, include in bulk one or more vehicles. Violations of this ordinance shall be subject to fines and penalties as outlined in RSA 676:17.
Doggett moved to recommend the article as amended.
Mr. Hart pointed out that not everyone has a garage. Residents won't be able to keep anything in their yards. Vaillant said that there are some vehicle such as tractors and ATVs that do not have to be registered if the owner plans to use them on his/her property only and this ordinance would not allow people to keep such items if they don't have a garage in which to store them.
Doggett said that the ordinance is intended to preserve quality of life in Newton. Vehicles sitting outside for many years can decompose and leach liquids into watersheds and the aquifer.
Allen seconded motion by Doggett to recommend. Motion carried 4-1-1 with Vaillant opposed and LeClaire abstaining.
Motion by Doggett to close the public hearing on the proposed amendments to zoning ordinance XVIII regarding junk yards. Second by Miles. Motion carried unanimously.
7. Board Business
Mr. Melvin informed the Board that the Board of Adjustments would hold a rehearing for Sara Realty, LLC regarding the Whispering Pines natural expansion on January 15th at the request of Ron Pica.
8. Adjorn: Motion to adjourn at 8:35 PM by Allen, second by Miles, passed unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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