Newton Planning Board
Minutes of public hearing and meeting
October 14, 2008
Page 1 of 6
Planning Board Minutes of October 14, 2008 Public Hearing & 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 Alternate Fred Gundersen. Minutes were transcribed and typed by Administrative Assistant, Lisa Babcock.
Also in attendance: Circuit Rider Planner, David West.
Miles appointed Gundersen to stand in for Vaillant.
2. James M. Foy of Kingston, NH requests a Public Hearing for a Lot Line Adjustment at 63 Peaslee Crossing and Thornell Road. The property is referenced as Tax Map 7, Block 6, Lot 9-1 and Tax Map 6, Block 8, Lot 6.
Miles opened the public hearing for James M. Foy for a Lot Line Adjustment between lots 7-6-9-1 and 6-8-6.
Joseph Coronati of Jones and Beach Engineers and Michael Debitetto were in attendance representing James Foy. Mr. Foy was not present.
Mr. Debitetto addressed the Board. He said that Mr. Foy has a legal agreement with Scott Boches (current owner of Tax Map 7, Block 6, Lot 9-1) and has land rights/use rights for that parcel. Mr. Foy is in the process of purchasing Mr. Boches' parcel.
Mr. Debitetto explained that the lot line between Mr. Foy's parcel (6-8-6) and Mr. Boches' parcel will be moved to create a 66,000 sf house lot with frontage off Peaslee Crossing. The remaining area (approx. 18.7 acres) will be retained by Mr. Foy but will be subject to a conservation easement held by the Town. Access to this parcel will be via the right of way adjacent to the Quaker Grove Cemetery.
Mr. Debitetto expects that there will be a simultaneous closing – lot 7,6,9-1 will be transferred from Mr. Boches to Mr. Foy and a conservation easement will be transferred to the Town.
Mr. Coronati addressed the Board. He stated that he submitted a request for a waiver of Subdivision Regulation Section 8.2.10.B.2 which requires the well radius to be located within the boundaries of the lot. Mr. Coronati explained that the well radius of the house lot off Peaslee Crossing will extend 5' over the abutting property lines and to the centerline of Peaslee Crossing Road. He stated that he will file a Well Release Agreement with the Registry of Deeds so that the neighboring properties are not affected by the well radius.
West reviewed his comments submitted in a memo dated 10/14/08. West said that there were no zoning issues with the plans that could be resolved by the Planning Board. The proposed house lot will be narrower than the 125' required by zoning, but the lot is already narrow, there is nothing the Board can do to widen it. The lot has adequate frontage and adequate square footage to be a buildable lot.
West explained that although he referred to the larger parcel as "land locked", it is not in fact entirely land locked – there is access to the parcel via Quaker Street, but it will not have the full frontage requirement.
West said that there were some minor items missing from the plans: existing structures within 200' are not shown on the plans, the final mylar will need a wetland scientist's stamp and there is no legend for the HISS mapping. Test pit locations and well radius issues appear to be addressed on the revised plans.
He said that it is not uncommon for a well radius to extend into neighboring properties.
Doggett moved to accept jurisdiction of the plan by James M. Foy for a Lot Line Adjustment between lots 7-6-9-1 and 6-8-6. Second by Gibbs. Motion carried unanimously.
Miles asked for abutter comments.
Norman Page of 71 Peaslee Crossing addressed the Board. He said there was some discrepancy about the ownership of the frontage area of the proposed house lot. He stated that he believes that the State owns that area of the property. He implied that a driveway had been cut off Peaslee without a permit.
Mr. Debitetto said that Mr. Foy's lawyers are working on getting clear title to all of the parcels involved in this project. He said that Mr. Boches has a DOT permit for the driveway. Mr. Debitetto pointed out that Mr. Foy has been paying taxes on his parcel for many years and there have been discrepancies in the size of the parcel from year to year on the tax cards.
Miles informed the applicants that the assessor had some questions about the acreages not adding up on the plans – Miles asked that the applicants clear those issues up on the final plans.
Barry Gluck, 11 Quaker Street, addressed the Board. He said that he is generally in support of the concept presented, but he does have some concerns. Mr. Gluck wanted to make sure the Rines family's interests are protected since they own an L-shaped parcel of land abutting the cemetery. Mr. Gluck was also concerned about a proposed subdivision plan for the larger lot. He said that if, for some reason, the conservation easement doesn't go through, the Planning Board could make a ruling on the subdivision plan. Mr. Gluck said he didn't want the lot line plan to inadvertently make it easier for some 3rd party to develop the land.
Keith Archung, 10 Quaker Street, said he is concerned about the right of way off Quaker Street which will be used to access the large parcel. He pointed out that different deeds show the ROW as having different widths. He asked if there will be access to the conservation land via Peaslee Crossing. Mr. Debitetto said no.
Mr. Archung echoed Mr. Gluck's concerns about any conceptual subdivision design for the property making it easier for some future developer to put houses in the back lot.
Mr. Debitetto explained that Mr. Foy is arranging what is known as a "bargain sale agreement" in his purchase of the property. This allows Mr. Foy to receive some tax breaks – but in order to take full advantage of the tax incentives, Mr. Foy must show that the property could support a certain number of houses and is therefore actually worth much more than he is selling the conservation easement for. Any conceptual subdivision plan for the area will be used to maximize the value of the lot for appraisal purposes only. A conceptual plan would not bind the Board to approve such a development.
White confirmed that this is a common practice to show the value of a parcel.
Mr. Archung asked why it was necessary to include the disputed ROW off Quaker Street in the plans. Mr. Debitetto said that the ROW is currently owned by Mr. Boches and so is part of the land to be purchased by Mr. Foy.
Miles asked what types of uses will be allowed in the conservation easement – will motorized vehicles be allowed? Mr. Debitetto said that the agreement will be fully compatible with those established for the Reynolds and Guscora conservation areas. He said the Foy land will be more restrictive since no farming will take place on that land.
Ed Batchelder asked who will own the large lot. Mr. Debitetto said that Mr. Foy will own the land with a conservation easement held by the town. Mr. Foy may have plans to turn the land over to the town at some future date.
Mr. Gluck asked what the triggers might be for the land to be turned over to the town. Mr. Debitetto said there is no time frame for that. He explained that once the conservation easement is in place, no building can take place on that land.
Mr. Gluck stated that since the town is negotiating with Mr. Foy to purchase rights to the land, if the intention is to eventually convey the title to the town, he would like there to be clear steps indicating how/when that is to happen.
Robert Litwinovitch, 16 Quaker Street, addressed the Board. He said that the plan seems to be good overall. He was concerned about the town planner approving a plan for "tax purposes" and said that should be done by a private engineer paid for by Mr. Foy. He was concerned about ownership of the land abutting the cemetery and water runoff issues. Mr. Litwinovitch supports the Town's eventual ownership of the parcel.
Mr. Archung asked for clarification as to what would happen at closing. Mr. Debitetto said at closing land will be transferred from Mr. Boches to Mr. Foy and, at the same time, the conservation easement will be established. All clear titles will be obtained for the closing. Mr. Foy will still own the land, but the easement will restrict the use of the land. Mr. Foy will receive tax benefits but will give up development rights.
Doggett asked for Mr. Debitetto to confirm that at closing land will transfer from Mr. Boches to Mr. Foy and at the same time, a conservation easement will be conveyed to the town. Mr. Debitetto said yes to both.
Doggett expressed concern that the Board may be asked to "ok" a cluster development for the property. Mr. Debitetto said that Mr. Foy is not asking for that.
Mr. Gluck asked exactly what the Board being is asked to approve at this hearing – he also said he was still concerned about the Rines family property. Miles said the Board was being asked to approve a lot line adjustment. Doggett said the court ruled that Mr. Boches owns the ROW but that the Rines family owns an L-shaped parcel directly abutting the cemetery.
Doggett moved to approve Mr. Foy's Lot Line Adjustment between lots 7-6-9-1 and 6-8-6 subject to the following conditions:
Town attorney's approval of clear title.
Town attorney's approval of conservation easement and deed restrictions.
Address the comments on David West's 10/14/08 memo.
Second by Gundersen. Motion carried unanimously.
Miles address the waiver request stating that it is common to have a well radius extend beyond lot lines. Gundersen said that a Well Release Agreement would be filed.
Gundersen moved to approve the waiver of Subdivision Section 8.2.10.B.2 requiring the well radius to be located entirely within the boundaries of the lot. Second by Gibbs. Motion carried unanimously.
Miles closed the public hearing for James M. Foy for a Lot Line Adjustment between lots 7-6-9-1 and 6-8-6.
3. Gundersen request for road acceptance/Nordic Woods Lane: Fred Gundersen stepped down. He informed the Board that he is working on getting the road deed and as-built plans and hopes to be ready in time for the next meeting.
4. Road acceptance checklist: The secretary informed the Board that Town Engineer, Mike Vignale, had made some suggestions and minor changes to the road acceptance checklist.
Doggett moved to accept the changes to the Road Acceptance Checklist proposed by Mike Vignale. Second by White. Motion carried unanimously.
5. Elderly housing – discussion regarding 55+ age restrictions: West reviewed the regulations of some nearby towns and found that most require all residents to be 55 or over in elderly housing subdivisions. He did find a clause in Kensington's ordinance that allowed for caretakers and dependent/handicapped adult children. West said federal housing laws (Fair Housing Act) require at least one person per household to be 55 or older in at least 80% of the households.
White said all residents should be required to be 55 or older because if you allow younger people there is a greater chance that they will have school aged children – which would impact the schools. Impact fees are waived for these developments and other concessions are allowed so the requirement that all residents be 55 or older should remain.
The Board will consider adding a clause similar to the Kensington clause to allow for caretakers and disabled dependents.
West also pointed out that since Newton's elderly housing ordinance falls under conditional use, the only recourse for exceptions to the rules would be to go to the courts – the ZBA is not an option. West will further research the topic and it will be discussed at the work session.
6. Fire Chief Bill Ingalls re: letter dated 10/7 concerning sprinkler systems at 2 Puzzle Lane. Chief Ingalls explained that Mr. McDonough requested a denial letter stating that his sprinkler system is inadequate so that he can go to the Board of Appeals for a variance to waive the sprinkler requirement.
Chief Ingalls wrote the denial letter, since Mr. McDonough's sprinkler system is inadequate for the building in which it is installed. He does not believe that the Board of Appeals can waive the requirement. Chief Ingalls informed the Board that Mr. McDonough hired a fire protection engineer to review the sprinkler system. The engineer refused to sign off on the system. He also said that there are 3 occupants in the building. He does not believe that certificates of occupancy were issued.
7. Manifests.
Doggett moved to authorize the Chair to sign the NPREA manifest, dated 10/14/08, in the amount $1,260.32. Second by Gibbs. Motion carried unanimously.
Doggett moved to authorize the Chair to sign the Operating Budget manifest, dated 10/14/08, in the amount $158.08. Second by Gibbs. Motion carried unanimously.
8. Other Board Business
a. The Board briefly reviewed the budget. The 2009 preliminary budget will be finalized at the work session meeting.
b. The Board discussed the Zoning Ordinance amendment schedule. West suggested planning for 2 meetings to discuss zoning ordinances. The Board will discuss the list of zoning ordinance amendments at the work session.
c. The secretary informed the Board that the Floodplain ordinance would have to be amended to comply with NFIP regulations.
d. The Board reviewed correspondence from Nancy Wrigley dated 9/26/08 concerning a complaint at 185 S. Main Street. The secretary will pull the file for review at the work session and ask for an update from code enforcement.
9. Acceptance of Minutes.
Doggett moved to accept the minutes of the September 23, 2008 public hearing. Second by Gundersen. Motion carried unanimously.
10. Adjourn: Doggett moved to adjourn at 9:00 pm. Second by Gibbs. Carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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