Newton Planning Board
Minutes of WORKSESSION and public hearing
october 28, 2008
Page 1 of 5
Planning Board Minutes of October 28, 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 7:04 pm. In attendance were: Chairperson Ann Miles; Vice Chairman, Jim Doggett; and Planning Board Members, Barbara White, Frank Gibbs and Kim Pettit. Minutes were transcribed and typed by Lisa Babcock.
Also in attendance: Circuit Rider Planner David West and resident Barry Gluck.
2. Ann Miles: Request for available elderly housing units – Jacob's Village.
Miles stepped down. Vice Chair, Doggett, addressed this item.
Alternate Fred Gundersen arrived at 7:05 pm.
Miles requested the 3 available elderly housing units to incorporate into her Jacob's Village development. This would bring the total number of units from 22 to 25.
Referring to a letter from Dennis Quintal, PE, dated 10/2/08, Miles stated that the currently approved disposal systems could serve up to 51 units and the site is zoned for up to 68 bedrooms. The additional units will be incorporated within the building footprint by reducing the size of some proposed units from 1,500 sf. two bedroom units to 1,000 sf. one bedroom units.
Pettit noted that the project would stay well under the allowable number of bedrooms. She also noted that it was unlikely that any other developer would want to build an elderly housing development with the available units since there are only 3 at this time and that there have been no other requests for the units.
Pettit moved to grant conditional approval for Miles' request for 3 additional elderly housing units for the Jacob's Village development with the following condition: submit a revised mylar for recording that indicates the 3 additional units. Second by White. Motion carried unanimously.
Pettit stated that this gives Jacob's Village 6 months to get a mylar or request an extension. West added that the Notice of Decision, referencing the deed, could be recorded at the registry to hold the units.
3. Fred Gundersen: Request for Road Acceptance – Nordic Wood Lane
Gundersen submitted a copy of the as built plan (Nordic Wood Road As-Built Roadway 10/28/08), a Roadway Acceptance Recommendation letter from KV Partners dated 10/28/08 and a copy of the road deed.
In the letter, Mr. Vignale states that the south slope on Detention Pond A is not contained within the drainage easement and final easement documents and as-built plans must be revised to include the entire pond within the easement area.
Gundersen explained that the road has been in for over a year and requested that the 10% holdback be held for only one additional year. Miles said that Gundersen should make that request to the road agent and Board of Selectmen, as they would be the ones to make that decision. Pettit said she felt it set a bad precedent to release the bond money before the 2 year limit. She pointed out that previous developers who had been in the same situation had been required to post bond for 2 years.
Mr. Vignale's letter also recommended that the bond be released upon receipt of the maintenance bond. The current bond can be reduced leaving $33,566 for the 10% holdback.
Doggett moved to send a memo to the Board of Selectmen recommending that they accept Nordic Wood Lane as a Town road. Second by Gibbs. Motion carried unanimously.
The secretary noted that there will be some invoices for legal review and engineering site visits.
4. 2009 Preliminary Budget
The Board discussed changes to the budget. It was determined that $150 will be transferred from equipment purchase and repair to RPC Dues, check on the Circuit Rider contract and leave all other items unchanged.
5. Zoning Amendments for 2009 Warrant
The Board discussed a number of potential zoning amendments for the 2009 Warrant. West provided the following language for the Elderly Housing ordinance:
The over 55 age restriction shall not apply to employed caretakers as defined in this ordinance a person who stays overnight to provide nursing or physical assistance care to a unit resident in accordance with a medical evaluation that such care is necessary or to a family member who provides such care, or to related family members who are over the age of twenty-one and who have a physical or mental disability as determined by applicable law. No more than one caretaker whether a family member or an employee may stay with the permanent resident.
There was discussion about striking the "age of twenty-one" language. Doggett pointed out that that could invite school aged children, potentially adding to education costs.
White said that allowing younger people (even those over 21) also opens up the possibility of having school aged children – no impact fees are required for Elderly Housing developments.
The Board decided to strike the following from the proposed amendment: or to related family members who are over the age of twenty-one and who have a physical or mental disability as determined by applicable law.
Pettit asked if Elderly Housing ordinances always fall under Conditional Use Permit. West said some towns don't handle it this way, but using a CUP keeps these developments under Planning Board control – the Board of Appeals cannot issue waivers for Conditional Use Permits.
The Board discussed the need for an ordinance concerning Workforce Housing. West said RPC's model ordinance was ready; he will forward it to the secretary for discussion at the next meeting.
West will also provide a model Wind Turbine ordinance for review at the next meeting.
The secretary provided a list of corrections and typing errors she had found in the ZO.
Doggett moved to authorize the secretary to make the corrections per her review of the Zoning Ordinance as listed on the sheet titled "Potential Corrections to Zoning Ordinances". Second by White. Motion carried unanimously.
Doggett moved to include changes regarding buffers in Section XIII Light Industrial/Commercial Zone Area Regulations in the list of amendments to the Zoning Ordinance for the 2009 Warrant. Second by White. Motion carried unanimously.
Doggett moved to include changes regarding Section XXX Elderly Housing in the list of amendments to the Zoning Ordinance for the 2009 Warrant. Second by White. Motion carried unanimously.
Doggett moved to include changes regarding Section XXXIV Floodplain Development in the list of amendments to the Zoning Ordinance for the 2009 Warrant. Second by White. Motion carried unanimously.
Final wording and Planning Board support (or not) will be determined at an upcoming public hearing.
The Board continued to review the remaining list of potential ordinance amendments. Miles suggest that the Board review Conservation Subdivision at the next meeting.
The Board discussed kennels. It was determined that kennels/dog runs should be defined as structures and be subject to setbacks. Doggett asked the circuit rider to provide the appropriate language to be reviewed at the next meeting.
6. Schedule for Public Hearings for Zoning Ordinance Amendments
The Board decided to hold public hearings for all proposed zoning ordinance amendments on December 30th and January 13th.
7. Targeted Block Grant/Zoning
West provided a detailed town map and several Board members took some time to provide additional detail which West will incorporate into the map.
West also said that RPC could probably digitize the town's tax maps and he will provide a proposal and an estimate for the work. He will provide a letter of support of the project addressed to the Conservation Commission as this would be an excellent management tool for easements and other conservation property.
West will provide two more copies of the map: one for the Historical Society to indicate historic structures and one for the Conservation Commission to map out conservation easements and lands.
West will also provide some model language for acceptable uses in the various zones for the next meeting.
8. Review and Revise CIP
The Board reviewed the Capital Improvements Program 2008-2014 Table 9. Doggett suggested that a capital reserve fund be established for the New Cemetery Facility.
Doggett also suggested moving the Water District amount into 2009.
Doggett moved to authorize the secretary to make changes to the CIP table and forward it to the Board of Selectmen. Second by Pettit. Motion carried unanimously.
Doggett recommended that the Board review the document again at the April work session.
9. Review S&R Site Plan
Miles said she had reviewed the S&R site plan and that the site was approved for dead storage, the processing of materials is not permitted by the site plan. She also said she believed that S&R had encroached upon the boundary line between lots 14-1-24 and 14-1-27 although no complaint had been filed. Miles said the lot-line should be flagged.
Miles noted that town engineer Mike Vignale had not been able to locate the wetlands during his July visit to the site. Miles stated that if dirty material is coming on to the site, a monitoring well should be installed.
The secretary was directed to forward a letter to the Board of Selectmen/Code Enforcement outlining the Planning Board's concerns.
10. Acceptance of Minutes
Doggett moved to accept the minutes of 10/14/08. Second by White. Motion carried unanimously.
11. Manifests: no manifests were presented.
12. Board of Appeals Request for Joint Meeting re: Request for Variances at Puzzle Lane.
The Board discussed a request from the Board of Appeals for a joint meeting to discuss the request of Coleman McDonough for variances from the dimensional requirement at Puzzle Lane.
Pettit noted that usually the applicant must request a joint hearing – and the hearing would be chaired by the Planning Board chair (RSA 676:2).
The secretary was directed to send a letter to the Board of Appeals inviting them to attend the next Technical Review Committee meeting so that the specific issues can be discussed. A representative of the Planning Board will then attend the BOA hearing.
13. Memo from BOS re: Elderly Units Calculation
The Board reviewed a memo from the Board of Selectmen concerning the number of elderly units calculation. West will find out how the Office of Energy and Planning came up with the figure for the number of dwelling units. The OEP figure differs from the number that the Town uses to make the calculation.
14. Discussion Regarding Newly Adopted Water Regulations
West said that the water regulations recently adopted by the Planning Board may go beyond what the Board can actually regulate. Towns currently do not have the power to regulate groundwater withdrawal; that is regulated by the state (RSA 485,c).
Pettit stated that Allen is working on legislation at the state level to deal with town control of groundwater.
The secretary was directed to forward the language to town counsel for review.
15. Miles adjourned the meeting at 9:35 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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