Newton Planning Board
Minutes of WORKSESSION
JANUARY 29, 2008
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 / Attendance
Chairman, Kim Pettit called the meeting to order at 7:08pm. In attendance were: Chairman, Kim Pettit; Vice Chairman, Ann Miles; Planning Board Members, Jim Doggett, and Rich LeClaire; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
2. 125 Development NH Corp & Maplevale Builders, LLC Lot Line Adjustment: this was consideration of an item tabled at the public hearing of 1/22/08. 125 Development NH Corp. and Maplevale Builders, LLC request a public hearing for a lot line adjustment between two lots at Puzzle Lane and Walnut Farm Road referenced as Map, Block and Lot 14-1-27-4 and 13-3-8-6.
LeClaire recused himself.
Doggett moved to accept jurisdiction of the Puzzle Lane/Walnut Farm Road lot line adjustment application. Miles seconded. Motion carried 3-0-1 with LeClaire recused.
Pettit explained that the Board was seeking legal counsel on several aspects of the project. Attorney Somers had been asked to comment but had referred the project to Attorney Ratigan since she was currently doing some work on behalf of project engineers, SEC. Pettit noted that some of the particular concerns were: whether the project should be considered a subdivision (since the residential lot is in-effect being subdivided in order to move the lot line), what effect adding a strip of residentially zoned property to a light industrial/commercial parcel may have, and whether removal of the lot line has some bearing on setbacks.
Charlie Zilch provided an overview of the project indicating that a 2.5 acre portion of Walnut Farm Road parcel 13-3-8-6 would be transferred to Puzzle Lane parcel 14-1-27-4.
Gibbs arrived at 7:12 pm.
Zilch stated that the zone line would remain in effect even after the lot line was removed, therefore, parcel 14-1-27-4 would remain light industrial/commercial but would have a strip of residential area.
Gibbs asked if there was a note on the plan stating that the zone line would remain in effect after the lot line was removed. Zilch said, no, there is no such note on the plan. Pettit stated that the Board could ask counsel to draft verbiage for the recorded plan to address the zone line. Doggett suggested leaving the lot line on the plan but label it "zone line".
Gibbs stated that this plan would create a non-conforming lot. He also said that the set back should be measured from the zone line, not the lot line on the commercial lot.
Pettit said she would prepare some questions for counsel. She also pointed out that the Zoning Ordinance allows the Planning Board to use discretion in determining setbacks (XIII, 1). She noted that Circuit Rider, Eric Steltzer, had provided a comment letter dated 1/28/08 and that SEC had provided the recommended waiver requests each dated 1/24/08 for subdivision regulations 8.1.5(F), 8.1.5(K), and 8.1.6(B).
Doggett moved to continue the discussion of the Puzzle Lane/Walnut Farm Road lot line adjustment application to February 12th. Miles seconded. Motion carried 3-1-1 with Gibbs voting no and LeClaire recused.
3. Robert S. Donovan, Sr. Voluntary Lot Merger: request by Robert S. Donovan, Sr. for the chair to sign the Voluntary Lot Merger form for lots 9-3-21 (38 Maple Ave.) and 9-3-20 (37 Gale Village Rd.). Mr. Donovan was present. Pettit noted that the merger creates one conforming lot from two, grandfathered, non-conforming lots.
Doggett moved to authorize the chair to sign the Voluntary Lot Merger form for Mr. Donovan. LeClaire seconded. Motion carried unanimously.
Pettit signed the form. The secretary will forward it to the assessor in the morning.
4. Acceptance of minutes:
Doggett moved to accept the minutes of the 1/22/08 public hearing as written. Pettit seconded. Motion carried 3-0-2 with Miles and LeClaire abstaining.
5. Land Use Chapter of the Master Plan: Board members had reviewed the updated LU Chapter provided by Steltzer at the previous meeting. Doggett stated that he did not note any serious problems. Pettit stated that the secretary was working with the assessor to get information on Conservation land for Steltzer.
6. Marley Builders/Whittier Street subdivision MBL 6-9-9: The Board reviewed a time line of the project and a memo from Steltzer dated 1/29/08.
Pettit directed the secretary to contact the assessor and notify her that the conditional approval on the project had lapsed and that the area should still be considered a single parcel with one home.
It was noted that the applicants had not yet provided a letter explaining their intent regarding the project.
Pettit stated that she would send a memo to Marley Builders indicating that the conditional approval on the original subdivision application had lapsed and include a copy of Steltzer's letter and a copy of the 1/22/08 minutes.
7. Site plan regulations – review section 7.2.18 reference to ZO Section XIII.
Pettit suggested carrying this item forward to the 2/26/08 work session.
8. Board of Appeals minutes from 1/15/08: Pettit suggested that the Board read the BOA minutes regarding the Whispering Pines hearing. She said that although a joint meeting of the Planning Board and BOA would be beneficial, only the applicant could request such a meeting. Miles suggested sending a memo to the selectmen to ask if the Planning Board and BOA could be called before the selectmen.
9. Memo from Chief Ingalls dated 1/23/08, re: sprinkler system at 6 Puzzle Lane. Pettit asked the secretary to contact Chief Ingalls and ask if he required any action from the Planning Board. Miles suggested that the Planning Board send a memo to the Board of Selectmen urging them to take necessary steps to compel the owner to bring the building into compliance, noting that this is a life-safety issue.
Gibbs stated that Puzzle Lane, the road, is getting bad. Pettit suggested that the Board look into the possibility of requiring a passbook or letter of credit bond when the current surety bond expires in September and also requiring inflationary adjustments in the amount, thus requiring Mr. McDonough to conform to the regulations adopted on 1/22.
10. Doggett moved to adjourn at 8:20 pm. Miles seconded. Motion carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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