Newton Planning Board
Minutes of public meeting
May 13, 2008
Page 1 of 5
Planning Board Minutes of May 13, 2008 Public Meeting
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
Chairperson Miles called the meeting to order at 7:01 PM. In attendance were: Chairperson, Ann Miles; Vice Chairman Jim Doggett; Planning Board Members, Frank Gibbs and Barbara White; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
Also in attendance was: Circuit Rider Planner, Eric Steltzer.
2. Sandra Nierman: Request for a pre-application conceptual review of a proposed pavilion at Country Pond Campground located at 106 Pond Street. The property is referenced as Tax Map 4, Block 2, Lot 3. This is a non-binding, general discussion of the proposal.
Ms. Nierman addressed the Board. She stated that she was planning to build a 30' x 65' pavilion at Country Pond Campground to replace a tent structure that is currently used at the site. She distributed drawings of the proposed pavilion.
Steltzer stated that the campground, which was in existence prior to zoning, is a commercial business operating in a residential zone (Res-A). Therefore, the addition of a pavilion should be considered an expansion of a non-conforming use. He said that Ms. Nierman would need to go before the Board of Appeals for a variance. He also recommended that Ms. Nierman submit a site plan to the Planning Board once a variance is received.
Ms. Nierman stated that she did not view adding a pavilion as an expansion of the use of her property. Gibbs and White both concurred with Steltzer saying that is an expansion.
Planning Board Member, Kim Vaillant arrived at 7:10 pm.
Abutter, Rob Peterson, asked for clarification on the size of the proposed structure. Ms. Nierman stated that the proposed dimensions are 30' x 65'.
Steltzer offered to write a denial letter for Ms. Nierman to bring to the BOA. White questioned whether the Board could deny the project since this was just a conceptual review. Miles stated that a person can appear before the BOA without a denial letter.
Ms. Nierman asked if she would need to come back to the Planning Board if she received a variance from the BOA. She said she was willing to have a site plan drawn up. Steltzer said yes, she would need to come back to the Planning Board. Miles said the Board would need a copy of the site plan.
Miles directed Steltzer to write a denial letter based on the following: 1) a structure larger than 30' x 40' would be denied by the Planning Board and 2) adding a pavilion would be considered the expansion of a non-conforming use.
3. Marley Builders: Continuation of 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, surveyor and Steven Ciambelli of Marley Builders were present. Mr. Lavelle addressed the Board on behalf of Marley Builders. He stated that they were seeking approval of Phase I of the subdivision which cuts out the existing house lot. He noted that the garage had been razed. Mr. Lavelle said that State Subdivision approval had been received and does not lapse.
Mr. Lavelle addressed the engineering comments from Mr. Vignale's letter dated 9/9/07. 1) The proposed well and existing septic are now shown on the Phase I plans. 2) The garage to be razed has been removed from the Phase II plans.
Mr. Lavelle stated that the dredge and fill permit (required for Phase II) is good until 2011. The entrance approval (NHDOT permit) had lapsed however and was only good for 1 year. He requested that they be allowed to apply for the entrance permit when they were ready to do the work so it would not lapse again.
Steltzer recommended that the Board approve Phases I & II at the same time. He also addressed the comments from his letter dated 3/11/08. Steltzer said the request to be able to wait on the NHDOT permit was out of the norm, but not unreasonable. He also stated that the specific location of the utilities should be noted on the plans. Steltzer said the Access Management Ordinance adopted in early 2007 applied to this plan. 1) The turning radius needs to be 20' to be incompliance with the ordinance. The plan shows a 25' radius. 2) The site distance seems fine and 3) The driveway spacing is noted on the plans and is in compliance. Steltzer also said he had received test pit data.
Mr. Lavelle pointed out that a 20' turning radius would be less desirable, creating a sharper curve, but he said he would change it on the plan to be in compliance. Mr. Lavelle said the plans do show where the utilities go within the road construction. All utilities are to be underground. He also stated that they would apply for the entrance permit again, though it may lapse before construction of the roadway begins.
Doggett said he had issues with the existing driveway to be abandoned. He questioned whether stating that the driveway was to be abandoned on the plans would be legally binding to a property owner. Mr. Lavelle said it could be added to the deed.
Doggett moved to grant conditional approval for Phases I and II of Marley Builders' 5-lot subdivision, Katherine Drive, at Tax Map 6, Block 9, Lot 9 off Whittier Street with the following conditions precedent:
1) Provide a draft copy of the deed language for the existing house lot stating that the driveway off Whittier Street is to be abandoned and the new driveway shall access the proposed Katherine Drive.
2) Provide a recorded copy of the deed noted in condition # 1.
3) Bonding in a form acceptable to the Planning Board shall be in place.
4) Current NHDOT entrance permit submitted to the Planning Board.
5) Correct turning radius of 20' noted on the plans.
6) Final plans stamped by the following: Licensed Land Surveyor, Certified Wetland Scientist, and Professional Engineer.
7) All NPREA fees paid.
Second by Vaillant. Motion carried unanimously.
Doggett moved to close the public hearing for Marley Builders' Katherine Drive subdivision. Second by Gibbs. Motion carried unanimously.
4. Bond reduction request – Fred Gundersen/Nordic Woods. The Board reviewed Mike Vignale's review, dated May 8, 2008, of the bond reduction request.
Doggett moved to grant a bond reduction of $35,414.52 for the Nordic Woods subdivision, leaving an amount of $44,549.63. Second by Vaillant. Motion carried unanimously.
5. Bond reduction request – Dave Storey/Storey Estates. Mr. Storey had replaced his Banknorth Letter of Credit with an LOC from Riverbank and was requesting that the Banknorth LOC be reduced to $0.
Vaillant moved to grant a bond reduction of $50,220.50 for the Storey Estates subdivision (Storey Lane/Kenwood Dr.), leaving an amount of $0 since the bond had been replaced. Second by White. Motion carried unanimously.
6. CBI – update on the major non-residential site plan conditions of approval. Steltzer reviewed the comments on his 1/28/08 letter. 1) He stated that the materials testing area would be moving in Phase I, and then again in Phase II. He said the proposed locations are now noted on the plans. 2) The noise regulation note has been corrected. 3) Steltzer said that the permit numbers must be noted on the plans and the corrected page should be forwarded to him. Steltzer said that his "clean letter" will be written when all of the other conditions have been met.
Doggett and Vaillant reviewed draft copies of the easement language.
Doggett moved to approve the easement language submitted by CBI. Second by White. Motion carried unanimously.
7. Discussion of possible changes and additions to Zoning & Regulations.
The Board reviewed a list of proposed changes and additions to the ZO and Regulations. Temporary signs, Agriculture & Farming & CIP impact fees were stricken from the list.
The Board asked Steltzer to draft language for the regulations to require PDF copies of plans.
The Board discussed the Water District article. Vaillant said that it should be made clear that the purpose of the ordinance is to protect the Town's water. She felt it was defeated in 2005 because people thought the Town was trying to exert control over water resources.
Doggett suggested organizing the list into 1) Zoning and 2) Regulations. The secretary will organize the list and the Board will continue discussion at the next work session and hold a public hearing in June for proposed regulation changes regarding the National Flood Insurance Program (NFIP).
8. Rockingham MPO TAC Representative. Miles volunteered to serve as the Town's TAC representative.
9. DTC bill dated 3/28/08 and Manifests.
NPREA and Operating Budget Manifests dated 5/13/08 were presented as well as DTC bill dated 3/28/08. At a previous meeting, Pettit had questioned charges to the Planning Board totaling $332.50 for bond issues for Puzzle Lane. It was determined that these items should be charged to Puzzle Lane, not the Planning Board.
Vaillant moved to pay the NPREA manifest, dated 5/13/08, in the amount $5,432.90, and to bill Mr. McDonough for any outstanding fees including the $332.50 from the 3/28/08 DTC invoice. Second by Doggett. Motion carried unanimously.
Vaillant moved to pay the Operating Budget manifest, dated 5/13/08, in the amount $1,270.00. Second by Doggett. Motion carried unanimously.
10. Acceptance of Minutes.
Doggett moved to accept the minutes of the April 22, 2008 work session as written. Second by Vaillant. Motion carried unanimously.
11. Sargent Woods update.
Doggett updated the Board regarding his site walk at the property on April 27th. He said the Town Engineer had some minor issues including lighting and a concern about the septic system which the health inspector is addressing.
Doggett said that his concern was with the landscaping around the property to be sold (13 Hickory Road). The builder had modified the landscaping plan and had planted a row of arborvitaes atop a berm as a screen between yards. Doggett said these would likely die as this type of shrub requires a lot of water. He said that plantings are part of the purchase and sales agreement.
12. Complaint form dated 4/29/08 re: 2 West Main St. The Board reviewed a complaint form from Donna Silva-Fortuna. The Code Enforcement Officer had asked the Board to comment on 1) outside dining and 2) signage.
Miles directed the secretary to forward a memo to the building department stating that outside dining was not part of the approved site plan and include the pertinent sign regulations.
13. Adjourn.
Vaillant moved to adjourn at 9:15 pm. Motion seconded and carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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