Newton Planning Board
Minutes of public meeting
september 23, 2008
Page 1 of 6
Planning Board Minutes of September 23, 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, Barbara White and Frank Gibbs; and Alternates Mary Allen and Fred Gundersen. Minutes were transcribed and typed by Administrative Assistant, Lisa Babcock.
Also in attendance: Circuit Rider Planner, David West.
2. Presentation by David West
a. Targeted Block Grant: West gave a PowerPoint presentation on the grant recently awarded to the Town to work on zoning issues. Funds in the amount of $1,500 will be received from the State through RPC. A match of $1,500 will be supplied through the Planning Board's operating budget.
West explained that the grant will be used to evaluate zoning within the Town. The main objectives are: to prepare zoning districts, create village zones and create digital tax maps. West said that given the current format of the Town's zoning maps, the 3rd objective is probably not possible with the funds available, but it should not impede the other aspects of the project.
West said the next steps should be as follows:
1) Determine how to proceed without a parcel data map.
2) Review existing village district ordinances (Fremont, East Kingston, Danville and Windham).
3) Define village areas.
4) Define village uses permitted.
West said that it should be possible to complete the project in time for the next Town meeting, however, the actual deadline is June 30, 2009, so there is more time if needed.
Miles and Doggett said that they would rather go forward with the project and complete it in time for the March vote.
Miles suggested that the Planning Board and Board of Selectmen include parcel mapping expenses in their budgets. Doggett asked West for an estimate of what it would cost to have RPC do the parcel mapping.
b. Workforce Housing: West gave a PowerPoint presentation on SB-342 which requires municipalities to provide opportunities for the development of workforce housing. The main points were:
1) The law requires that workforce housing be allowed in 51% of the Town.
2) Multi-family dwellings must be allowed (minimum of 5-unit dwellings).
3) The State calculated a "fair share" number of units for each town.
4) The law goes into effect 4/1/09.
5) Newton's Fair Market Rent Area is Lawrence and gives a median income for a family of 4 as $80,000.
6) Newton's Fair Share of ownership units is 624; rental units 212.
7) Projected out to 2015, Newton's Fair Share becomes 942 total units.
8) A unit is considered workforce housing if it is affordable based on a specified percentage of the median income level.
Doggett said that Newton is probably close to the fair share numbers already. Gibbs asked if a $300,000 home sold for $150,000 – would it count as workforce housing. West said yes.
Doggett asked if there were forms that would need to be filled out annually, or formulas that could be used to make the calculations. West said no, RPC wanted to stay out of it as much as possible and let Towns handle compliance as they see fit.
West explained that the Town's options are as follows:
1) Do nothing and risk a law suit.
2) Clearly demonstrate that the Town already meets the needs.
3) Develop an inclusionary housing ordinance – decide where workforce housing will be allowed and where multi-family dwellings will be allowed.
West also pointed out that RPC is working on a model Inclusionary Zoning Ordinance.
White asked if the units have to be of a particular size. West said no.
The Board decided to suspend discussion on the topic in order to move on to the first public hearing.
Miles appointed Allen to stand in for Pettit and Gundersen to stand in for Vaillant.
3. Timothy and Jean Ann Krause: request a Public Hearing for a conditional use permit for an accessory apartment at 13 Thornell Road. The property is referenced as Tax Map 12, Block 1, Lot 3. Timothy and Jean Ann Krause were present. Mr. Krause addressed the Board.
Mr. Krause said he would like to have his accessory apartment approved. Gibbs asked when it was built. Mr. Krause said in '97 or '98.
Allen asked if the septic system was adequate. Mr. Krause said it was designed for 3 bedrooms. The main house has 2 bedrooms and the apartment has 1.
Gibbs said the septic plans would have to indicate that it was adequate for an accessory apartment. Allen said the Krause's should speak to the Health Officer, Bob Leverone, to make sure that the septic design is adequate for the property.
Allen asked if there is one heating and one electric system for both the accessory apartment and the main house. Mr. Krause said yes.
White asked if there is adequate parking. Mr. Krause said there is a 2 car garage and plenty of room in the driveway. The apartment is above the garage.
Doggett asked if the garage is attached to the main dwelling. Mr. Krause said yes.
Doggett moved to grant a conditional use permit for the accessory apartment at 13 Thornell Road subject to the following condition: the septic design is to be reviewed and signed off by the Town Health Officer. Second by Allen. Motion carried unanimously.
Miles asked Mr. Krause to provide some documentation from the Health Officer when the septic system is approved.
4. Town of Newton, NH: public hearing for proposed amendments to the Subdivision Regulations and the Site Plan Review Regulations regarding Community Wells.
The Board discussed additions to the Subdivision and Site Plan Regulations proposed by Allen concerning Community Wells and Water Franchises.
Allen informed the Board that she had sent a petition to the State asking that the Town be informed should HAWC apply for an increase in water withdrawal at Sargent Woods.
The following wording was decided upon for the regulation:
Any development that requires a community well for water must adhere to the following rules:
1) No water may be piped to any area outside the development.
2) No water may be trucked off the development.
3) The quantity of water to be drawn must be approved by the Planning Board and listed on the recorded plan sheets.
4) All applications for water franchises must appear before the Planning Board and Health Officer to receive approval before application to the State.
5) All community wells following the above rules shall be listed on the recorded sheets.
Allen moved to accept the language for community wells as amended and add it to Subdivision Regulation section 8.2.10 and to Site Plan Regulation section 7.2.15. Second by White. Motion carried unanimously.
5. Discussion Regarding Selectmen's Ordinances for Sprinkler System Requirements: The Board discussed 2 Selectmen's Ordinances that had passed in 2005. They were listed in the 2005 Warrant and Budget as Warrant Articles # 14 and # 15.
West suggested including the language in the Subdivision and Site Plan regulations clearly labeling it "Selectmen's Ordinance".
Allen moved to include the 2005 Warrant Articles # 14 & 15 concerning Sprinkler Systems in section 8.2.9 of the Subdivision Regulations and 7.2.13 of the Site Plan Regulations with the label "Selectmen's Ordinance". Second by Gundersen. Motion Carried unanimously.
6. Road Acceptance Procedures: The Board reviewed the Road Acceptance Procedures Checklist and amended the language to read as follows:
1) After the final binder coat has been applied the road must receive final inspection form the town engineer who will provide a letter stating that the road has been completed according to the recorded plans and recommend the road for acceptance.
2) Provide an as-built plan of the roadway.
3) Provide a copy of the road deed in fee simple form conveying ownership of the road to the Town of Newton. The deed will be reviewed by Town Council and recorded at the Rockingham County Registry of Deeds, costs to be paid by the developer.
4) Provide a copy of any easements or additional deeds as required.
5) Pay all outstanding invoices – including costs for review of deeds, recording fees and final engineering review fees.
6) Provide 10% of the original bond and any additional bonds that may be required.
7) Once all documentation is received, the Planning Board will review and vote whether or not to recommend that the Board of Selectmen accept the road.
8) The Planning Board provides a written recommendation to the Board of Selectmen.
9) The Board of Selectmen vote whether or not to accept the road as a Town road.
Doggett moved to adopt the procedures for roadway acceptance as amended. Second by Gundersen. Motion carried unanimously.
Doggett moved to include the procedures for roadway acceptance as an addendum to the Subdivision and Site Plan Regulations and place near roadway information. Second by Gibbs. Motion carried unanimously.
7. 2008 Elderly Housing Calculations: The Board reviewed the 2008 Elderly Housing Calculations and the procedure for making the calculations.
Trisha McCarthy arrived at 8:50 pm.
The Board had concerns about the procedures and the based number used for calculation. First, the Board felt that the calculations should be made using the number of dwelling units rather than the number of occupancy permits granted.
McCarthy asked if the Board felt that the language in the calculation procedures needed to be changed.
West pointed out that OEP's 2006 official count of the number of dwelling units in Newton is 1,691. He questioned the base number used in the 2008 calculation, which was 1,532. He felt that it was too low.
Doggett moved to send a memo to the Board of Selectmen concerning the calculation procedure and the base number used, and ask them to re-calculate the figure. Second by Allen. Motion carried unanimously.
8. Acceptance of Minutes.
Doggett moved to accept the minutes of the August 26, 2008 work session. Second by White. Motion carried unanimously.
9. Manifests.
Allen moved to authorize the Chair to sign the NPREA manifest, dated 9/23/08, in the amount $1,062.60. Second by Doggett. Motion carried unanimously.
Allen moved to authorize the Chair to sign the Operating Budget manifest, dated 9/23/08, in the amount $207.33. Second by Doggett. Motion carried unanimously.
10. Correspondence:
a. The Board reviewed a letter from Ned Nichols dated 9/15/08 re: over 55 age restrictions. In his letter Mr. Nichols questioned the Town's ordinance requiring all occupants of a 55 and over development to be at least 55 with no exceptions.
White said that East Kingston has the same restriction. She said the builder received certain concessions when building a 55 and over development so they should be held to the restrictions as well.
The Board discussed several problems that could arise from allowing individuals younger than 55 to live in these developments.
Miles suggested that West review the ordinance and pertinent statues and report back to the Board at the next meeting.
b. The secretary updated the Board on the George's Way road deed. Town council had determined that both the Stanley's deed and the road deed include the language "subject to easements and restrictions of record". This leaves the door open should the Town wish to pursue an access to the school via George's Way. The secretary will update Chief Streeter and the Board of Selectmen so they can decide whether or not they wish to pursue the issue any farther.
c. The Board reviewed a list of possible unapproved accessory apartments. Informational letters will be sent to the owners.
d. The Board reviewed an e-mail complaint regarding S&R. The information will be forwarded to the BOS and Code Enforcement. The individual issuing the complaint will be informed of the action to be taken.
11. Adjourn: Allen moved to adjourn. Miles called the meeting adjourned at 9:22 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
| 
