Newton Planning Board
Minutes of WORKSESSION and public hearing
juLY 22, 2008
Page 1 of 5
Planning Board Minutes of July 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: Chairperson, Ann Miles called the meeting to order at 7:00 pm. In attendance were: Chairperson Ann Miles; Vice Chairman, Jim Doggett; Planning Board Members, Barbara White, Frank Gibbs and Kim Vaillant; and Alternate Mary Allen. Minutes were transcribed and typed by Lisa Babcock.
Also in attendance: Circuit Rider Planner, David West.
Miles appointed Allen to stand in for Pettit.
2. Boches/Essex Equity Driveway Permit Discussion: Mr. Boches had applied for a driveway permit for a parcel located off of Peaslee Crossing and Quaker Street (map 7, lot 6, block 9-1) with the Road Agent, Mike Pivero. Mr. Pivero referred Mr. Boches to the Planning Board. Mr. Boches was not present.
Mr. Boches had requested a driveway permit for access via a right of way near the Quaker Grove cemetery. The Board discussed issues concerning the ownership of the right of way. Both Mr. Boches and the Rines Family Trust claim ownership of the strip of land next to the cemetery.
Gibbs suggested that Mr. Boches apply for a driveway permit with the state and gain access via Peaslee Crossing.
Doggett stated that there may be burial plots under the right of way, outside the cemetery.
Gibbs moved to send a memo to the Road Agent requesting that he deny Mr. Boches' driveway permit for map 7, lot 6, block 9-1 from Quaker Street based on the following:
1) The proposed driveway will be too close to the cemetery.
2) The parcel has road frontage on Peaslee Crossing.
3) The applicant must show proof of ownership of the strip of land via a recorded deed.
Second by Vaillant. Motion carried unanimously.
Allen moved to send a memo to the Road Agent requesting that he inform the Planning Board of all future driveway permit applications. Second by Vaillant. Motion carried unanimously.
3. Introduction of new Circuit Rider Planner: Miles said she was pleased to introduce David West, Newton's new circuit rider planner. Mr. West stated that he has been with RPC since 2004 and is also a GIS specialist. He currently circuit rides for Fremont and North Hampton.
4. Discussion Regarding Kennels and Livestock: Resident Russ LaPierre, 2 Sarah's Way was in attendance to discuss this issue.
Mr. LaPierre said that his neighbor has approximately 6 dogs and he has experienced problems with noise and odor. He stated that the only ordinance that offers any protection currently is the noise ordinance, which allows up to 20 minutes of noise at a time. If the police are contacted, they must also hear the noise before action can be taken.
Mr. LaPierre said that a visual buffer should be required along the property lines where dogs are being kenneled and setbacks should be required for dog runs and kennels.
Vaillant pointed out that anyone with 5 or more dogs has, by definition, a kennel and is required to get a kennel permit. She said she was against putting restrictions on the whole town simply because one person is being an inconsiderate pet owner.
Doggett stated that a kennel is a commercial enterprise and should not be run in a residential area. He said that the town does have setback requirements and animal runs should be subject to those setbacks. Doggett stated that the code enforcement officer should look into any violations.
Miles asked Mr. LaPierre which town departments he had spoken to concerning this issue. He stated that he has talked to the police and the health department. The health department was contacted due to odor. The owners cleaned up after being directed to do so.
Mr. LaPierre said that in addition to setback and buffer requirements, he would like to see ordinances requiring cleanup and proper disposal of animal waste. The Board told Mr. LaPierre that, as a resident, he could propose a warrant article if he got 25 signatures.
Vaillant said that this is not a Planning Board issue. Doggett pointed out that state laws already exist concerning animals.
Allen moved to send a memo to the Board of Selectmen, Animal Control Officer, and Code Enforcement Officer stating that there are state laws regulating the care and housing of dogs and that the town has ordinances requiring setbacks for all structures and these laws and ordinances must be enforced. Second by Vaillant. Motion carried unanimously.
Miles asked the secretary to send a letter to Mr. LaPierre thanking him for his input and encouraging him to bring his concerns before the Board of Selectmen.
Road Agent, Mike Pivero arrived at 7:30.
5. Discussion Regarding Roadway Acceptance Procedures and Checklist: Miles informed Pivero about the Board's earlier discussion regarding the Boches driveway permit.
The Board then reviewed a draft checklist for roadway acceptance. The Board discussed whether or not a certain percentage of homes must be completed within a new development before the town accepts the road.
Pivero stated that if the road is completed, and even one house is sold, the town should accept the road and plow it. Every resident deserves to have his/her street plowed. He pointed out that in a poor market it could be many years before all of the lots are sold.
Gibbs agreed stating that that has been his position for years. White also agreed.
Doggett said 75% of the homes should be built before the town takes over the road.
Vaillant disagreed with Pivero stating that someone buying a home in a new development should understand that the town does not own the road and the developer is responsible for plowing the road. She said 100% of the homes should be built before the town takes over the road. Allen agreed with Vaillant's point of view and said 75% of homes should be built.
Miles said that anyone who pays full taxes should get all of the services offered in the town, including road plowing. If the road is not owned by the town, homeowners should get tax abatements.
Vaillant pointed out that it is against state law to use town funds on private property (such as plowing privately owned roads).
White suggested requiring the developer to put money in escrow to pay for plowing. West will look into what other towns require. The Board will continue discussion at the next meeting.
Pivero departed.
6. Discussion Regarding Ordinances:
a. Buffers: Miles stated that at the 7/21 TRC meeting, Dennis Quintal had asked about the 200' buffer requirement for light industrial/commercial zones. Doggett clarified that the 200' buffer is required for light industrial/commercial zones only where they abut other zones.
Miles asked what buffers the Board would like to review at a future meeting. The following were mentioned: commercial/light industrial zone buffers, wetlands (which are set by the Conservation Commission), and rail road buffers.
b. Village Plan Alternative Ordinance: the board reviewed information concerning the VPA ordinance. West pointed out that this type of ordinance works well for very large parcels of land, but is not suitable for smaller towns. The Board decided not to pursue this ordinance and to focus on zoning instead.
c. Town Center District: White stated that East Kingston has passed a Town Center District Ordinance which addresses mixed use zones and inclusionary housing. She will get a copy of the ordinance for the board to review. Allen said she will be meeting with officials in Plaistow to discuss their zoning plan.
Miles said that she would like the Board to focus on zoning to address the following issues: bringing services into the town and providing tax revenue to relieve the tax burden of residents.
Vaillant said that residents that responded to the Master Plan survey indicated that they were not interested in a lot of new development in town.
d. Conservation Subdivision: The board reviewed the Conservation Subdivision concept which requires developers to preserve open space and consider historical and natural resources when developing an area. Vaillant suggested using a combination of Conservation Subdivision for larger subdivisions and soil based lot sizing for individual lots.
West will provide additional information.
7. Camp Tasker Signs: Gibbs said he inspected the new signs at Camp Tasker and was satisfied with their placement. The secretary will let Camp Tasker know the signs are ok.
8. Acceptance of Minutes
Allen moved to accept the minutes of 6/24/08. Second by White. Motion carried unanimously.
9. Manifests.
Allen moved to authorize the Chair to sign the Operating Budget manifest, dated 7/22/08, in the amount $5,740.00. Second by Vaillant. Motion carried unanimously.
There was no NPREA manifest.
10. Town of Newton Sand & Salt Shed: Miles informed the Board that Dennis Quintal had presented a site plan at TRC on 7/21 for the Sand and Salt Shed at the transfer station.
Gibbs had attended the TRC meeting and later called the Town Engineer to ask his opinion about the project. Gibbs was concerned that the structure may crack due to frost if not properly constructed and said the Town Engineer agreed.
Doggett moved to send a memo to the Board of Selectmen to strongly suggest that the Town Engineer review the plans for the Sand and Salt Shed before awarding any bids and to have the project inspected by the Town Engineer. Second by Vaillant. Motion carried unanimously.
Miles also requested that the Board of Selectmen be thanked for submitting plans to the Planning Board and sending a representative to the Technical Review Meeting.
11. Underground Utilities: Miles informed the Board that Steve Ciambelli, developer of the Katherine Drive subdivision, had asked if he could install above ground utilities for the subdivision. The subdivision had been approved with underground utilities, but Mr. Ciambelli said the cost to install the utilities was over $30,000.
Doggett said underground utilities made sense for a small subdivision such as Katherine Drive to prevent both long stretches of wire between a few poles and a spider web of wires between many poles.
Vaillant moved to deny the request to install above ground utilities at Katherine Drive. Second by Doggett. Motion carried unanimously.
12. Walnut Farm Subdivision Update: The Board reviewed a letter from KV Partners dated 7/12/08. The Engineer was planning another site visit for 7/24. Once a clean letter is received from KV, the contractor, Mr. Edney can bring all of the occupancy permits to the office for signing.
13. Allen moved to adjourn at 9:36 pm. Second by Doggett. Motion carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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