Newton Planning Board
Minutes of public hearing
March 13, 2008
Page 1 of 10
Planning Board Minutes of March 13, 2008 Public Hearing
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
Vice Chairman Miles called the meeting to order at 7:08 PM. In attendance were: Vice Chairman, Ann Miles; Planning Board Members, Jim Doggett, Frank Gibbs 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. Marley Builders: Continuation of a public hearing to consider the request for a two-phase, 5-lot subdivision on Whittier Street. The property is referenced as Tax Map 6, Block 9, Lot 9. James Lavelle, land surveyor for Marley Builders, Steven Ciambelli and Robert Marley were in attendance.
Mr. Lavelle stated that he was presenting 2 phases of a subdivision that was previously approved by the Board. The subdivision is for a total of 5 lots – 4 new lots and one existing lot – and a road of approximately 650 ft ending in a cul-de-sac. The existing home and garage has frontage on Whittier Street. The proposed roadway is referred to as Katherine Drive.
Mr. Lavelle said the subdivision was approved by the Planning Board over a year ago, conditions had not been met and the approval lapsed. He said that the applicants wanted to have phase 1 approved so they could sell the existing house without having to record the entire subdivision and bond the road. He stated that the only state approval necessary for phase 1 (a 2-lot subdivision that subdivides the existing lot from the remaining land) is the state subdivision approval which was previously obtained and is still in effect, approving the 5 individual lots.
Mr. Lavelle stated that for phase 1, lot 6-9-9 (which has the existing home), would be covered under that state approval and the larger parcel would not require state subdivision approval since it is over 5 acres.
Steltzer stated that both he and the town engineer had reviewed the application. He addressed his own comments first (memo from RPC dated 3/11/08 re: Marley Subdivision Review).
1. State Permits – since this was a previous plan, there is some concern that some of those state permits might have lapsed. Specifically the NHDOT Curb Cut.
2. Utilities - there is no notation on the phase 2 plan as to whether the utilities are to be under ground and where they are to be located.
3. Access Management Ordinance – the previous plan was submitted prior to this ordinance being adopted and so was not subject to it. The new plan is subject to this ordinance.
a. Turning Radius – Section X:A:5 states that the turning radius needs to be 15-20 ft, the plans indicate it is 25 ft.
b. Site Distance & Location – of Katherine Drive onto Whittier Street information should be included and discussed.
c. Driveway Spacing – it would be helpful to identify where the driveways are to be located on the phase 2 section of the plan to make sure they are in compliance with this ordinance.
4. Test Pits – information has not been provided on the plan.
Steltzer also said that although the applicant had requested that phase 1 be approved first, he recommended that the Planning Board provide one acceptance for both phases.
Steltzer then addressed the Town Engineer's comments (letter from KV Partners dated 9/9/07 re: Katherine Drive – Subdivision Plan Phasing).
1. The existing well on lot 6-9-9 is to be filled and capped. The location of the new well and existing septic system need to be shown.
2. State Permits – notes 10, 11 & 12 on sheet 1, phase 1 – the engineer is questioning those.
3. Garage – the garage should be razed as part of phase 1 and that should be noted on the phase 1 plans, not phase 2.
4. The final plan needs to be certified by a wetlands scientist.
Trisha McCarthy of the Conservation Commission addressed the Board. She referred to a letter from the Conservation Commission dated January 17, 2008 re: Whittier Development/Marra Properties.
Selectman McCarthy stated that some of the property markers on the back lot closest to the Peanut Trail are about 22 ft from the center line on town property. Conservation was also concerned about a wetland crossing that was supposed to be shown on the plans.
Selectman McCarthy stated that the 30 ft no cut buffer along the Peanut Trail must be referenced on the deeds of these lots as they're transferred to new owners so that they understand about the no cut zone.
Mr. Lavelle addressed the Conservation Commission's concerns. He stated that the lots and perimeter of the property have not yet been marked therefore the stakes they had seen were probably random survey stakes used to determine the property lines. He said there is also a property pipe that is closer to the center line of the peanut trail.
Selectman McCarthy requested a site walk when the property corners are set. Mr. Lavelle agreed and also stated that it is a requirement that monumentation be set and certified by a licensed surveyor as part of the as-built phase prior to the final approval of the subdivision.
Selectman McCarthy asked if the no cut buffer would be referenced in the deeds. Mr. Lavelle stated that the buildable areas and the no cut line are shown on the plans and that the deeds reference the plans. Slope and drainage easements and the 30 ft buffer zone would all be referenced in the deeds. Nancy Slombo, of the Conservation Commission and an abutter stated that she wanted to make sure the no cut zone is enforced.
Regarding the culvert at the wetlands crossing Mr. Lavelle said it was shown on sheet RP1 on the Phase 2 plans.
Mr. Lavelle then discussed the state permitting. He said the subdivision approval does not lapse and the dredge and fill approval does not expire until July 17, 2011. He stated that the entrance permit had elapsed and the applicants had to apply for an extension or renewal. The original entrance permit had required the removal of 3 trees along Whittier Street. Those trees had been removed in order to acquire the line of site. The entrance permit would need to be renewed before final approval of phase 2.
Regarding utilities, Mr. Lavelle stated that sheet DS2 shows a trench for underground utilities. A note on the plan indicates that "placement shall be coordinated with both utility providers and town representative". The plans show the trench detail and where the utilities are supposed to go.
Miles asked if the plans are new and what the date on them is. Mr. Lavelle stated that the plans are dated August 15, 2007 and they are the same as the ones the Board approved. Miles asked for abutter comments.
Ms. Slombo addressed the Board stating that she wanted the no cut zone marked. She also stated that other developers in town had cut everything despite no cut zones.
Abutter Dan Folding said he agreed with Ms. Slombo regarding the no cut zone. He wanted to know how a no cut zone could be set when the property boundaries haven't been established.
Mr. Lavelle offered to put up "no cut zone" signs. Steltzer outlined the monumentation process: monumentation is indicated on the plans, prior to recording, the monumentation must be set and verified; finally the plans are signed and recorded. At that point, the 30 ft buffer for the no cut zone is clearly delineated on the land.
Miles stated that it must be clear on the deeds that this area is not to be touched. Vaillant said it is not a matter of putting up signs; it is a matter of not cutting anything until it is clear where the buffer line is. Mr. Lavelle stated that he was not concerned that the applicants would cut in the buffer zone; he was concerned about homeowners cutting later on. Vaillant said the Board's biggest concern right now was that the developers respect the no cut zone.
Doggett stated that the applicant proposed selling the existing home, then at some point in the future, requiring the new homeowner to abandon the existing driveway (off Whittier Street) for a new driveway accessing the property from Katherine Drive. He suggested that the driveway change happen in phase 1. He was concerned that if they waited until phase 2, the switch would never happen.
Mr. Ciambelli stated that creating temporary access onto the new roadway to move the driveway would add an unnecessary expense which he estimated to be $20,000. He said this could be addressed in the deed and that the road could not be signed off on until the Whittier Street driveway was abandoned.
Steltzer pointed out that moving the driveway in phase 1 would create a driveway that crosses another lot in order to access lot 6-9-9. He suggested that in order to ensure that the Whittier Street driveway is abandoned, a clear note be added to the phase 2 plans stating that as part of the construction process of Katherine Drive, as soon as is feasible, the original driveway must be abandoned and the lot must be accessed via Katherine Drive.
Robert Marley stated that it could be included in the Purchase and Sales agreement for the existing home that once Katherine Drive is developed, the Whittier Street driveway must be abandoned.
Miles pointed out that there are 3 issues with the existing lot that the developer must resolve: well, septic and driveway. Mr. Lavelle stated that the lot is approved for subdivision because the applicant showed adequate well and septic area on it.
Steltzer also stated that he wanted to make sure that test pit data had been submitted with this 8/15/07 application.
Doggett moved to continue the public hearing for the Katherine Drive Subdivision until April 8, 2008. Second by Vaillant. Motion carried unanimously.
3. 125 Development NH Corp.: request of Coleman McDonough for the Board to review proposed tenants for the building at Puzzle Lane. The property is referenced as 14-1-27-1, at 2 Puzzle Lane.
Pat McDonough was in attendance representing 125 Development NH Corp.
The following commercial business registration forms had been submitted to the Planning Board:
Precision Machine Technologies, units 4 & 5.
Owner: Ronald Scott Gochie
Number of employees 1, Number of vehicles 1
Hours of operation 7 am – 5 pm
Type of business – Manufacturing
Description: "manufacturer of small component parts made of steel, stainless steel and aluminum…does not handle or produce hazardous wastes or materials".
CP McDonough Construction Corp.
Owner: Coleman McDonough
Number of employees 2.
Hours of operation 7 am – 5 pm.
Description "The use is office and equipment storage….will not have any harmful or hazardous materials stored in this unit."
HPG International, Inc., Unit # 1.
Owner: Bernard Rawlings
Number of employees 2
Number of vehicles 2
Hours of operation 7 am – 5 pm
Description: "Design Studio is an office environment and does not work with any hazardous materials or chemicals."
An application for R&D Site Development had also been submitted by Mr. McDonough; however the owner had not submitted a commercial business form so the application was not considered.
Pat McDonough said that the building was up but an occupancy permit had not yet been issued on the building.
Vaillant noted that the required inspections had not been filled out on any of the forms. Miles stated that the inspections section had been added to the form to get a handle on yearly inspections to ensure that the building is maintained as a non-hazardous light industrial/commercial building.
Doggett moved to accept the commercial business registrations for Precision Machine Technologies, CP McDonough Construction Corp., and HPG International, Inc. Second by Vaillant. Motion carried unanimously.
4. Arubacat – Miles signed the Arubacat CO.
5. C.P. McDonough Construction Corp – request for extension of approval. Miles read a letter dated 3/11/08 from Coleman McDonough requesting an extension on the conditional approval for 14-1-27-3, Phase II.
Alternate Gary Nelson joined the board at 7:45 pm.
Miles read the conditions of approval, it was determined that a clean letter had been provided by the engineer, a rescindment of the administrative order had been submitted by DES and an alteration of terrain permit had been submitted. A bond was in place, however it was noted that the applicant owed money for the NPREA account. Steltzer stated that the Board needed to consider whether they wanted to grant an extension or not. The Board moved on in order to give Mr. McDonough time to write a check.
6. Master Plan – CIP Chapter: Police Chief Streeter addressed the Board. He stated that there is a building need issue for the Police Department and would like it included as a priority in the CIP. He stated that the current building is 24' x 56' or 1,296 sf. The state of NH standard is 1.8 police officers per 1,000 people in the town. Therefore the town should have 7 officers. There are also 2 full time administrative personnel for a total of 9 potential full time employees. The International Association of Chiefs of Police recommends 300 sf of office space for each full time employee. Therefore the building should be 2,700 sf, leaving a deficit of 1,404 sf. Additionally there is no garage, no storage space and only one closet.
Steltzer stated that creating the CIP is an advisory role that the Planning Board has, it is a way to get all of the future capital needs and costs for the town in one document. The BOS and the legislative body are the people that approve the expenditures. Steltzer estimated that the CIP would be finished in June 2008.
Chief Streeter requested to meet with the Planning Board at the next work session to discuss the Police Department's needs in detail. He recommended that the Planning Board review the capital needs for the Police Department, the Fire Department and the Safety Complex Committee separately to give the community different options for the needed improvements.
Doggett said the chapter will contain a section of backup sheets and a 1 page explanation of cost, rational and description of need for each of the three departments (police, fire & safety complex). This gives the town options. The CIP is a tool for the selectmen to use when making decision about what items to include as warrant articles and is a prerequisite for establishing impact fees.
Miles pointed out that in looking at an interim solution for the police station, they should consider future uses for the facility – so that the building could be used for something else if a safety complex is built.
Selectman McCarthy also requested a meeting with the Planning Board to discuss BOS and Conservation Commission needs.
Steltzer said that he has received information from the following departments: Cable TV, Cemetery Trustees, Fire Dept., Gale Library, Police Dept., Safety Complex Committee, Recreation Commission and Transfer Station. He did not receive information from the Board of Selectmen, Conservation Commission and the Highway Department.
The Historical Society had also submitted information, but it is not a town department. Miles said it would be better to be inclusive in terms of maintaining historic buildings. Steltzer said that typically, the CIP is limited to municipal entities, but the Board could include non-government entities such as non-profits if it wanted to. Doggett noted that the town bought a furnace for the Marion Hatch Building, setting a precedence for including historical buildings.
Nancy Slombo addressed the Board on behalf of the Recreation Commission. Recreation had 3 projects 1) Tennis Court resurfacing 2008-2009, 2) Greenie Park Playground 2011, and 3) Multi-use sports field at Greenie Park 2013.
7. OEP Housing & Conservation Planning Program Grant: the deadline is April 11. Steltzer recommended pursuing the grant in order to establish conservation subdivision ordinance/regulations.
Doggett moved to authorize Steltzer to fill out the OEP Housing & Conservation Planning Program Grant through RPC on behalf of the Planning Board. The grant would be used to pursue conservation subdivision ordinance/regulations. Second by Vaillant. Motion carried unanimously.
Selectmen McCarthy said she would like to work with Steltzer on the grant.
8. C.P. McDonough Construction Corp – continued from item 5.
Pat McDonough asked if the chair would sign the mylar for 27-3, Phase II. Miles stated that, if authorized, she would sign the mylar if all the paperwork is in order, however, it won't be recorded until money is deposited in the NPREA account.
Doggett moved to authorize the chair to sign the mylar for 14-1-27-3, Phase II but not record the mylar with the registry until Mr. McDonough's check clears and funds are deposited in the NPREA account for all outstanding invoices. Second by Nelson. Motion carried unanimously.
9. Donna Silva-Fortuna – request for final approval for property located at 2 West Main Street, Tax Map 6, Block 2, Lot 4. Ms. Silva-Fortuna said she had met all the conditions of the approval and that she would like to have the plans signed off. She explained that she put up signs to direct the traffic flow and parking – she provided photos. Currently the signs are in cement containers until the ground thaws.
Vaillant said the parking is very confusing and wanted to know how the public is going to be safely directed to the parking area. Ms. Silva-Fortuna said the state required all of the signage. She was also going to suspend a yellow rope with stakes to deter people from going across the track area. The state approved all of this.
Ms. Silva-Fortuna also said that the area in the front of the building is a no-parking loading zone. Doggett said he had been by there before the signs were up and people were backing up into the street, it was very dangerous.
Ms. Silva-Fortuna said she was working with the code enforcement officer, Bob Donovan, Sr. and the building inspector, Ron Lemere to improve the parking and traffic. She said she was going to put wine barrels with planters to deter people from parking in the front. Also yellow lines have to be painted.
Miles asked about the other conditions of approval – state of NH septic approval, verification by the state of NH on the well – because it is a take-out they do not need well certification, the driveway permit was approved in October 2007.
Ms. Silva-Fortuna said she wanted to make the front a fire zone. Miles said this would be a change to the site plan.
Selectmen McCarthy asked about the handicap parking spots, saying it was very muddy in the back. Ms. Silva-Fortuna said there are 3 handicap spots. The signs will go up when the ground thaws and the construction debris is removed.
McCarthy pointed out that there is a sign at the exit that says "Private Property No Trespassing" which is causing confusion. Ms. Silva-Fortuna said that is a rail road sign. Miles suggested putting up some fencing to delineate the properties.
Doggett moved to authorize the chair to sign the site plan for 2 West Main Street, Tax Map 6, Block 2, Lot 4. Second by Vaillant. Motion carried unanimously.
10. TRC meeting for CBI – Steltzer briefed the board on the 2/19/07 TRC meeting for CBI. He said the TRC had reviewed the access management plan – CBI was planning to add a 2nd driveway, reserving the original driveway for deliveries. Steltzer wrote a letter to deny the application since a variance is required for 2 driveways.
Slombo and McCarthy stated that the proposed driveway crosses a conservation easement. The Conservation Commission is looking into whether it has the authority to either allow the driveway to cross the easement or switch that easement for another section of CBI's property. There are 4 conservation parcels within the CBI property. CBI will meet with conservation on March 20 to discuss the issue.
11. Correspondence
a) Town Engineer Review of Sargent Woods As-Built plans – An e-mail was received from Mike Vignale, dated 2/20/08.
Doggett moved to have the secretary send a letter to the developer of Sargent Woods stating that the issues listed in the 2/20/08 e-mail from Mike Vignale regarding the as-built plans must be addressed within 30 days or a cease & desist order may be issued. Second by Vaillant. Motion carried unanimously.
b) Letter from Rebecca Hallisey & Jeffrey Larkham dated 1/27/08 re: dog complaint. Miles noted that zoning defines a kennel as 5 or more dogs, but lacks further regulation or enforcement.
Doggett asked Steltzer to provide examples and recommendations on ordinances governing kennel businesses. Miles stated that the property, 18 Kenwood Drive, was residential and the Planning Board had not received an application for a business or home business at the property.
12. Request of Fred Gundersen to be a Planning Board Alternate – The Board received a letter of interest from Mr. Gundersen on March 4, 2008.
Doggett moved to appoint Gundersen as an alternate to the Planning Board. Second by Vaillant. Motion carried unanimously.
13. Acceptance of minutes from February 12, 2008 – The secretary noted that in part 6 of the minutes each of the 3 references to Atty. Marshall should be changed to Atty. Woiccak.
Doggett moved to correct the minutes as noted above and accept the minutes of February 12, 2008. Second by Vaillant. Motion carried 4-0-1 with Nelson abstaining.
14. Manifests
Doggett moved to approve the operating budget manifest dated 3/13/08 in the amount $6,419.19. Second by Nelson. Motion carried unanimously.
Doggett moved to approve the NPREA manifest dated 3/13/08 in the amount $425.60. Second by Vaillant. Motion carried unanimously.
15. Rockingham MPO TAC representative – tabled until 3/25/08 work session.
16. Grey Barn Boatworks – owner requests a letter from Town stating he has complied with all regulation in order to apply for a State Boat Dealer Registration. Gibbs reviewed the plans. He said that it didn't look like a site plan since it didn't show the road, a parking lot, parking space, or snow storage. Doggett said he thought the contention was that there was already a site plan; this was just a new business to occupy the space.
Doggett reviewed the conditions of the approval granted on November 13, 2007, noting that the board did not issue a final approval and sign off on the plan.
Steltzer stated that a lot of the issues have been addressed, since there are no major renovations, a new site plan is not needed.
Miles reviewed the request for a letter for Boat Dealer Registration. She was concerned that this seemed like an expansion to the business. Vaillant wanted to make sure that the Board wasn’t granting permission for boat repair which was also mentioned in the letter from the state.
Steltzer said the planning board has already given the owner controls and stated what is expected of him on the property. All the applicant needs is a letter from the planning board stating that he can operate his business as the planning board has approved, if it has been approved.
Miles asked Steltzer to review the plans and get back to the board with any comments and suggested finishing this up at the work session.
17. Reorganization
Doggett moved to elect Ann Miles as chairman of the Planning Board. Second by Nelson. Motion carried unanimously.
Gibbs moved to elect James Doggett as vice-chairman of the Planning Board. Second by Nelson. Motion carried unanimously.
18. Adjourn:
Motion to adjourn at 10:00 PM by Miles, second by Nelson, passed unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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