Newton Planning Board
Minutes of WORKSESSION
April 22, 2008
Page 1 of 5
Planning Board Minutes of April 22, 2008 Work Session
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, Ann Miles called the meeting to order at 7:00 pm. In attendance were: Chairman Ann Miles; Vice Chairman, Jim Doggett; Planning Board Members, Frank Gibbs and Barbara White; Ray Thayer, BOS ex officio; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
Also in attendance: Circuit Rider Planner, Eric Steltzer; Conservation Commission Chair, Trisha McCarthy; and Alternate, Mary Sousa.
1. Capital Improvements Program: Steltzer distributed an updated version of the CIP chapter of the Master Plan and explained the changes made. He noted that the table now shows the years 2008 – 2014.
McCarthy stated that there were building improvements including air conditioning, windows, and insulation that needed to be added for the Board of Selectmen. The BOS is still waiting for estimates.
McCarthy stated that the Conservation Commission wanted to purchase Arc View maps with layering capabilities. She estimated the cost at $1,300. Steltzer explained that the lower limit set for the CIP is $5,000.
McCarthy said the BOS also needs a place to store files. Doggett said the county jail used to provide storage space.
Steltzer pointed out that the fire department might want to contribute information for improvements, similar to what the police department did, in the event the Safety Complex does not pass.
Miles asked what sources of funding are available for a safety complex and how do other towns fund such large projects. Steltzer said the CIP doesn't provide specific details regarding grants but he would do some research on how other towns fund large projects.
Gibbs noted that the highway department numbers were incorrect in the draft of the CIP. Steltzer said he would check the numbers against the town report. Gibbs also estimated the cost to repair roads at $800,000 to $1,000,000.
McCarthy said other items for the highway department include: a sand & salt shed, a truck, and a garage. Steltzer asked that CIP forms be filled out and submitted to him for anything that should be added to the report.
Doggett pointed out that the way Table 9 shows the distribution of funds may lead residents to believe that funds are already being allocated to the different projects. He suggested choosing a year for each project and noting where a capital reserve fund is used.
Doggett also stated that Newton Grange was not interested contributing to the CIP. They did not feel it was an appropriate use of town funds. Steltzer said the Historical Society had been added back in.
Doggett suggested that the Conservation Commission look into creating a capital reserve fund to purchase parcels of land that might contribute to a municipal water source in the future. Miles suggested land near the transfer station. Steltzer said the Conservation Commission should submit a CIP form indicating a specific parcel of land they might be interested in.
The Board discussed several changes to Table 9 which shows the distribution of funds for each project. Miles suggested that the Safety Complex be referred to as a Municipal Complex to include fire, police and municipal offices. Steltzer will update the table.
The Board will discuss the CIP at the next work session and schedule a public hearing for June.
2. Waiver request forms: The Board reviewed some sample waiver request forms submitted by Atty. Ratigan. Atty. Ratigan suggested that the Board use the forms to document any decision to grant a waiver so that there is sufficient evidence in the record of the Board's decision.
Doggett moved to adopt the Request for Waiver worksheet and the Planning Board Worksheet for Waiver Requirements and require their use for any waivers subsequent to April 22, 2008. Second by White. Motion carried unanimously.
3. CBI – HISS Soil waiver request: CBI submitted a written waiver request in a letter dated 4/9/08. This issue had been extensively discussed at the last meeting.
Doggett moved to grant a waiver from Section 7.1.4.K of the Newton Subdivision Regulations to complete a High Intensity Soil Survey to CBI for the Non-Residential Site Plan and Lot Line Adjustment application submitted on 3/13/08 for property located at Tax Map 6, Block 13, Lot 2 Second by White. Motion carried 4-0-1 with Thayer recused.
4. Dogs and Kennels: The Board reviewed a memo from Steltzer dated 3/31/08 in which he researched the issues of dogs, kennels and livestock.
Steltzer summarized his findings: for dogs under personal ownership, it is the responsibility of the police department to handle problems with noise, etc. The number of dogs owned can be limited via a Town Ordinance.
If the dogs are kept for breeding it would be considered a home business or home occupation which is reviewed by the Planning Board and then submitted to the BOS for approval (or not).
If the dogs are not personally owned and are being boarded for money, this would be defined as a kennel. This would be considered a commercial business and is not permitted in a residential zone. Steltzer said according to the zoning ordinances, kennels are not permitted in commercial or industrial zones either and would require a variance from the BOA to operate.
Steltzer also included information regarding livestock and what might be included in the zoning ordinances regarding the regulation of livestock.
Miles said the question of density must be addressed – for example how much land should be required for keeping a certain number of horses.
5. Conditions of Approval Checklist: The Board reviewed the conditions of approval checklist. Steltzer said it is useful for making sure all areas are reviewed and discussed when considering a conditional approval.
It was noted that there is no provision for "active and substantial development" on the checklist. Doggett suggested requiring the applicant to sign a written agreement that defines active and substantial development. Steltzer said it should be noted on the plans.
McCarthy suggested adding a list of departments and whether they signed off on the plans or had concerns.
6. Sargent Woods - update: Steltzer said that once a set of plans is signed and recorded, the Planning Board should be largely out of the process. He said that any ensuing compliance issues should be dealt with by the code enforcement officer and the Board of Selectmen.
Doggett moved to send KV Partner's 4/21/08 review of Sargent Woods to the BOS. Discussion: Miles informed the Board that the town engineer would be conducting a follow-up visit to the site on Friday, April 25, and should send the updated report to the BOS and the building inspector.
Gibbs noted that the plans did state that the utilities should be underground. Gibbs expressed concern over the water franchise issue. Steltzer said large groundwater withdrawal is a separate issue.
Miles asked how much money was owed in the NPREA account. The secretary stated that Mr. Nichols had recently paid approximately $3000 in engineering fees and about $7000 was still outstanding and that Mr. Nichols was reviewing the invoices.
White said all outstanding invoices should be paid before any certificate of occupancy is signed. Miles said there should also be funds to cover the last two site walks by the engineer.
Miles also asked that the BOS check with Atty. Kalman to see if the water issue had any bearing on whether the CO should be signed and asked McCarthy to provide input for Doggett by Friday so he would know whether or not to sign the CO.
Doggett said he would try to attend the site walk on Friday. Miles directed the secretary to ask attorney Somers if the planning board should or should not sign the certificate of occupancy.
7. Storey request to change bond from Banknorth to River Bank: The Board reviewed the wording of the new bond and did not object to Mr. Storey moving his letter of credit to River Bank for the Storey Estates project at Kenwood Drive/Storey Lane.
8. Acceptance of Minutes
Doggett moved to accept the minutes of 4/8/08. Second by White. Motion carried unanimously.
9. Manifests: A NPREA manifest was presented with invoices for KV Partners: $458.10/Nordic Woods, $190/Sargent Woods, $760/CBI; RPC $250/CBI; and Eagle Tribune $57.20/CBI.
Doggett moved to pay the NPREA manifest dated 4/22/08 in the amount $1,742.30 for invoices to KV Partners, RPC and Eagle Tribune. Second by Miles. Motion carried unanimously.
An operating budget manifest was presented with phone bills for Feb-Mar and Mar-Apr in the amount $112.08.
Doggett moved to pay the Operating Budget manifest dated 4/22/08 in the amount $112.08 for invoices to One Communications. Second by Miles. Motion carried unanimously.
10. Bill from Air & Noise Compliance dated 4/7/08: The Board reviewed the bill which was for Mr. Kuhn's court appearances on behalf of the Town in litigation with Whispering Pines Campground concerning noise from CPF&GC. The bill is in the amount $3,924 and Mr. Kuhn said he would take 10% off.
It was decided to submit the bill to the Board of Selectmen.
11. Extension request from Steven Ciambelli re: Katherine Drive Subdivision: A request for extension was received on April 9, 2008.
Thayer moved to grant a 60 day extension to Steven Ciambelli and Marley Builders for the Katherine Drive Subdivision. Second by White. Motion carried 4-1-0 with Doggett opposed.
12. Letter from NHDES dated 4/2/08 re: Whispering Pines Campground: The Board directed the secretary to follow-up with DES on this letter.
13. Wind Energy Ordinance: White distributed information regarding a Model Ordinance for Small Wind Energy Systems. She stated that this is an up-coming issue that the Board should address and consider including it in the ordinances.
14. Miles moved to adjourn at 10:12 pm. Second by Doggett. Motion carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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