Newton Planning Board
Minutes of WORKSESSION
May 27, 2008
Page 1 of 4
Planning Board Minutes of May 27, 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: Chairperson, Ann Miles called the meeting to order at 7:01 pm. In attendance were: Chairperson Ann Miles; Vice Chairman, Jim Doggett; Planning Board Member, Barbara White; Alternates Mary Allen and Fred Gundersen; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
Also in attendance: Circuit Rider Planner, Eric Steltzer; Conservation Commission Chair / Selectman, Trisha McCarthy.
Miles appointed Allen to stand in for Vaillant and Gundersen to stand in for Gibbs.
1. Sandra Nierman: Request for approval to build a pavilion at Country Pond Campground located at 106 Pond Street. The property is referenced as Tax Map 4, Block 2, Lot 3.
Ms. Nierman showed pictures of the proposed pavilion. The 30' x 65' pavilion will be constructed behind the residence and beside the bath house.
Steltzer gave a brief summary of prior discussions regarding the pavilion. He had been asked to write a denial letter so that Ms. Nierman could go to the ZBA and request 2 variances: one for Section V, 5, stating any accessory structures over 1200 sq ft must get Planning Board approval and one for the expansion of a non-conforming use. After reviewing the Zoning Ordinances Steltzer made the following conclusions.
He said that Section V, 5 did not apply to this situation since the campground is a commercial business which lies in a residential zone – Section V applies only to Residential uses.
Steltzer also stated that it would not be necessary to get a variance from the ZBA if adding the structure was considered a natural expansion of the non-conforming use.
Allen said that she did not consider adding a pavilion an expansion of the non-conforming use.
Miles stated that the pavilion does not expand the business nor does it bring more people or traffic to the area. Additional campsites are not being added.
Doggett said that the pavilion will be built within the footprint of the existing campground; it does not involve an expansion into an area that is not currently in use.
Miles asked about the height of the proposed structure. Ms. Nierman said it would be 13' to the joists with a 12' pitched roof. The pavilion will also include a small enclosed area for storage; with the remaining area open.
Allen moved to approve the size of the pavilion (30' x 65' and approx 25' high) so that a building permit can be obtained. Second by Doggett. Motion carried unanimously.
Steltzer asked if a site plan would be required by the Planning Board at this time. It was decided that a site plan would not be necessary for the pavilion.
2. Ferrandi/Patriot Drive – discussion re preparing for roadway acceptance: Mr. Ferrandi was not in attendance. Ms. McCarthy, speaking as the realtor for Mr. Ferrandi, said she wanted to make sure that everything that was supposed to be done regarding the Patriot Drive development had been done. She said that she thought that the berm in front of lot 10-10-41 was supposed to be scaled back. Doggett said that there was a driveway that should have been moved.
The secretary was directed to review the file for information regarding the berm and driveway.
3. Capital Improvements Program: Steltzer distributed an updated version of the CIP chapter of the Master Plan and explained the changes made including changes to the table and updating of the highway costs.
Doggett suggested including the Cable fund. He also suggested moving Table 9 ahead of the explanations.
McCarthy said there were items that needed to be included for the BOS and Conservation Commission and that the Conservation Commission funds should also be included in the table.
The Fire Department also submitted plans for a building expansion.
Steltzer said he would incorporate the changes and submit a revised copy to be made available to the public for review.
4. Regulations – Adding National Flood Insurance Program (NFIP) language: The Board reviewed the required language that must be added to the Site Plan and Subdivision regulations in order for the Town to complete the NFIP application.
Doggett said that in addition to adding the required language, a line should be added to the Regulations which require the developer to state whether the property lies in a Special Flood Hazard Area as indicated by the Flood Insurance Rate Maps.
The Board will hold a public hearing at the June 10th meeting.
5. Ordinances – The Board reviewed a list of proposed changes to the Zoning Ordinances. The list was ranked and dates for discussion were determined for each item. Steltzer said that new legislation requires an affordable housing ordinance.
The proposed changes will be discussed on the following schedule:
1. July 8 – Water District Ordinance
2. July 8 – Livestock and Dog Kennels
3. July 22 & August 12 – Buffers, Village Plan Ordinance, Conservation Subdivision, Requiring Community Centers/Parks in Elderly & Other Developments and Affordable Housing
4. August 26 & Sept. 9 – Small Wind Energy Systems, Green Building, Wood Boilers
5. Sept. 23 & Oct. 14 – Growth Management
Steltzer said he would review the Ordinances to see if there were changes regarding the Shoreland Protection Act.
McCarthy said she would bring the Heritage Commission Ordinance to the attention of the Board of Selectmen.
The Planning Board will also discuss a number of Regulation changes in the coming months.
6. OEP Conference – White, Steltzer and Babcock briefed the Board on the 2008 Spring OEP Conference.
7. Acceptance of Minutes
Doggett moved to accept the minutes of 5/13/08. Second by White. Motion carried unanimously.
8. Home Based Business/Home Occupation Form – The Board reviewed a draft of the Home Based Business/Home Occupation form. The following changes were suggested: change "Number of Vehicles Operated" to "Number of Business Associated Vehicles Operated" and "Average # of Clients Received" to "Average # of Clients and/or Deliveries Received".
Doggett moved to approve the Home Based Business/Home Occupation Form with the above changes. Second by Allen. Motion carried unanimously.
9. Building Permit from Town Assessor re: Walnut Farm in-law apartment: The Board reviewed a building permit issued 2/21/08 for Map 13 Block 3 Lot 8-13 which indicates that an in-law apartment will be built in addition to the home.
McCarthy said the owners were told that they needed to go to the Planning Board for approval to build an in-law apartment. She said that they would be reminded.
The Board directed the secretary to send a memo to the Building Department informing them that all accessory apartments must be approved by the Planning Board.
10. Manifests: A NPREA manifest was presented with invoices for KV Partners: $369.20/Walnut Farm, $1,136.40/Sargent Woods, $190/27-3, $140/27-1 and $70/27-1; RPC $75/CBI; and $175/Marley Builders.
Doggett moved to pay the NPREA manifest dated 5/27/08 in the amount $2,155.60 for invoices to KV Partners and RPC. Second by Allen. Motion carried unanimously.
There was no operating budget manifest (no bills had been received).
11. Haverhill Boys' Club Sign – The secretary informed the Board that the Haverhill Boys' Club located on Country Pond Road had asked about putting up a sign. The Board stated that the sign should be no larger than 3' x 5' as this was the size of the original sign.
12. RPC - Steltzer announced that he will be leaving RPC and will be taking a position with the Office of Energy and Planning. He will continue to work with the Board until a replacement is found.
13. Doggett moved to adjourn at 9:28 pm. Second by Allen. Motion carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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