Newton Planning Board
Minutes of public meeting
june 10, 2008
Page 1 of 5
Planning Board Minutes of June 10, 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 7:00 PM. In attendance were: Chairperson, Ann Miles; Vice Chairman Jim Doggett; Planning Board Member, Barbara White; Alternate Mary Sousa and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
Also in attendance was: Circuit Rider Planner, Eric Steltzer, Selectman Trisha McCarthy. Miles appointed Sousa to stand in for Vaillant.
2. CBI request for consideration of final approval on a Major Non-Residential Site Plan and lot-line adjustment at 22 Whittier Street. The properties referenced are: Tax Map 6, Block 13, Lot 2, Tax Map 6, Block 13, Lot 3 and Tax Map 6, Block 12, Lot 3.
Planning Board Members Frank Gibbs and Kim Vaillant arrived at 7:05 pm. Sousa will stand in for Pettit.
Anders Ragnarsson of CBI was present. Steltzer stated that he received a letter from CBI's engineer, CMA on May 13th which addressed the last 3 items he had concerns about. 1) Material Testing Area: the new plan set clearly denotes the location of the material testing area through all phases of the project (sheet C-3). 2) Noise Regulation: note 16 on sheet C-3 has been adjusted. 3) All of the conditions of approval have been met. Steltzer distributed a clean letter from RPC dated 6/10/08.
Doggett moved to grant final approval for the Major Non-Residential Site Plan and Lot-Line Adjustment at 22 Whittier Street for CBI. Second by Vaillant. Motion carried unanimously.
3. Other Business: Discussion regarding an accessory apartment at 18 Walnut Farm Road. Contractor Brian Edney, Realtor Trisha McCarthy, and homeowners, Craig and Nicole Jackson were present to discuss the matter.
A building permit was issued for the property in February 2008. In May, the town's assessor informed the Planning Board that the building permit indicated that an "in-law" apartment had been constructed as part of the home. However, neither the builder nor home owners had submitted an application for a Conditional Use Permit as required by the Accessory Apartment ordinance. Additionally, there was some concern that the apartment may exceed the size allowed by the regulation – 800 sf or 1/3 of the total gross floor area, whichever is smaller.
Miles stressed that all parties had acted in good faith and the fact that no one had applied for a CUP was due to miscommunication and erroneous information. The builder and realtor were using a copy of the ordinance from the town's web site that was outdated and incorrect.
Concerning the size of the apartment, Mr. Edney confirmed that the foundation size containing the apartment is 26' x 39', or 1,014 sf. However, that space includes common areas totaling in excess of 200 sf. Mr. Edney calculated the total gross floor area of the house to be 2,392 sf.
Miles stressed to the contractor that the Walnut Farm development should not turn into a cluster of two-family homes as it was not designed as such.
The Board will hold a public hearing for the Conditional Use Permit on June 24th.
4. Town of Newton, NH: public hearing for review and adoption of additions to the Non-Residential Site Plan Regulations and the Subdivision Regulations as required for participation in the National Flood Insurance Program (NFIP).
Miles moved to open the public hearing for review and adoption of NFIP language for the Site Plan and Subdivision Regulations.
Steltzer explained that NFIP allows homeowners living within a flood plain to purchase flood insurance in participating communities. NFIP also stipulates that the community must adopt floodplain management regulations that reduce future flood damages.
The Board reviewed the required Regulation language.
Doggett moved to adopt the National Flood Insurance Program language and add it to the Non-Residential Site Plan Regulations and the Subdivision Regulations. Second by Vaillant. Motion carried unanimously.
Miles moved to close the public hearing for review and adoption of NFIP language.
5. Town of Newton, NH: public hearing for review and adoption of the Capital Improvements Program Chapter (CIP) of the Master Plan.
Miles moved to open the public hearing for review and adoption of the CIP.
Steltzer had finalized and distributed the CIP chapter. The Board reviewed the document and Miles asked if there were any comments.
McCarthy said she was concerned about the items listed in Table 9 for fiscal year 2008 given that the town is operating under a default budget. She wondered if some of the items should be moved to a different year. Doggett stated that the best approach is to adopt the CIP as written, all projects that are not completed within any given fiscal year automatically move to the next year.
Steltzer recommended that the Planning Board review and revise the CIP annually and re-submit it to the Board of Selectmen. Doggett suggested that the review and revision of the CIP becomes an automatic agenda item for the October work session each year.
Doggett moved to adopt the Capital Improvements Program, 2008-2014 dated June 2008. Second by Sousa. Motion carried unanimously.
Miles moved to close the public hearing for review and adoption of the CIP.
6. Acceptance of Minutes.
Doggett moved to accept the minutes of the May 27, 2008 work session as written. Second by White. Motion carried 5-0-1 with Vaillant abstaining.
7. Manifests.
An Operating Budget Manifest dated 6/10/08 was presented. There were no outstanding NPREA invoices.
Doggett moved to pay the Operating Budget manifest, dated 6/10/08, in the amount $218.16. Second by White. Motion carried unanimously.
Steltzer departed at 8:00 pm.
8. Back up drive: the secretary requested the Board's approval of the installation of a back up drive by the town's IT person, Ms. Maddock. The Board requested more information regarding the purpose of the device.
9. Salt shed at transfer station: Miles asked about the Selectmen's plans to build a salt shed at the transfer station, given that there is an aquifer in that area. McCarthy stated that the salt shed will be on a separate lot and it is a building within a building. Trucks will drive right into the structure to be loaded. Gibbs stated that the building prevents rain and snow from washing the salt into the ground. McCarthy said that plans have not yet been finalized and the Board of Selectmen is working closely with DES.
10. Correspondence: The Board reviewed and discussed the following correspondence.
i. Memo from Police Dept. dated 6/3/08 re: George's Way trail easement. The Police Dept. was requesting information regarding a trail easement listed on recorded plans for George's Way for possible use as a secondary evacuation route for the school.
Doggett said the trail easement was offered to the school several years ago with the stipulation that it be converted into a road. The school did not have money in the budget to turn it into a road so the easement was declined.
Miles stated that there is a trail easement, it is recorded, and it can be maintained.
ii. Letter from BOS to Fitzgerald dated 5/19/08 re: Fair Share Contributions
Doggett stated that when Mr. Fitzgerald reserved 4 extra elderly housing units (raising the number of units in his proposed development from 44 to 48), the fair share contributions were amended and Mr. Fitzgerald was asked to pay more. Doggett said there should be a record of the discussions in the minutes.
The Board also discussed deficiencies in the construction of the Smith Corner and Peaslee Crossing intersection. Gibbs stated that corner (exiting from Smith Corner and going right onto Peaslee Crossing) was poorly engineered and that a trailer would not remain on the roadway going around that corner.
Doggett moved to send a letter to the Board of Selectmen asking them to engage Town counsel to pursue Altus for inadequate engineering and inspection of the Smith Corner Road/Pealsee Crossing intersection. Second by Sousa. Motion carried unanimously.
iii. Septic Approval for 13/2/15-21 Zoe Lane received 5/29/08 It was noted that the DES septic approval lists an in-law apartment as part of the residence. No application has been made to the Planning Board for a Conditional Use Permit for this accessory apartment.
Doggett moved to send a letter to the building department indicating that the builder has not received approval for any accessory apartments in the Zoe Lane development and to have the Code Enforcement Officer check on any apartments that may have already been built. (CC: BOS, Health Officer, Code Enforcement Officer, and Father & Son Realty Trust). Second by White. Motion carried unanimously.
iv. DES Minimum Impact Expedited Application received 5/20/08 for George's Way A memo from the Conservation Commission addressing the application was received on June 9, 2008. The Conservation Commission has concerns about a proposed driveway crossing over the wetlands. They would prefer to see a shared driveway that avoids the wetlands to the extent possible.
The Board reviewed the approved plans which depict a shared driveway, not a single driveway crossing the wetlands. Doggett suggested that the Conservation Commission direct the builder, Mr. LaRochelle, back to the Planning Board if he wishes to change his original plans. Miles also suggested that the Conservation Commission contact DES and notify them that the recorded plans show a shared driveway that does not substantially cross into the wetlands.
11. Certificate of Occupancy: Miles signed a Certificate of Occupancy for Ascio's Pizza located at 2 West Main Street.
12. Accessory Apartments that have not received Planning Board approval:
The Board discussed 2 accessory apartments in new homes that have not received Board approval.
Doggett moved to send a letter to the Board of Selectmen requesting them to file complaints with the associated Real Estate Agencies and the NH Licensing Board for homes on Pond Street and Zoe Lane for advertising and promoting properties that are not in accordance with Newton Zoning Ordinances pertaining to Accessory Apartments. Second by Sousa. Motion carried unanimously.
13. Adjourn.
Doggett moved to adjourn at 9:05 pm. Second by Vaillant. Motion carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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