Newton Planning Board
Minutes of WORKSESSION and public hearing
November 25, 2008
Page 1 of 3
Planning Board Minutes of November 25, 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 7:10 pm. In attendance were: Chairperson Ann Miles; Vice Chairman, Jim Doggett; Planning Board Member, Frank Gibbs and Alternate, Fred Gundersen. Minutes were transcribed and typed by Lisa Babcock.
Also in attendance: Circuit Rider Planner David West and Road Agent Mike Pivero.
Miles appointed Gundersen to stand in for Pettit for the evening.
2. Patriot Drive / Joseph Ferrandi request for road acceptance: Mr. Ferrandi was present. He stated that he is still working on a few last things and requested to be on the next agenda. Mr. Ferrandi provided copies of deeds for review by the Town's attorney. He said he is waiting for a parcel release from the mortgage company for Parcel A. Once received, the parcel will be conveyed to the town.
Doggett moved to continue discussion of Patriot Drive road acceptance to December 9. Second by Gundersen. Motion carried unanimously.
3. Twombly Drive / Francis Hebb request for road acceptance: Mr. Hebb was in attendance. The board reviewed as-built plans provided by Mr. Hebb, a report from RCCD and a bond reduction request.
Mr. Hebb explained that there is a Fairpoint utility pole that needs to be removed but he has had difficulty contacting Fairpoint. Mr. Pivero said it was not fair to hold things up because of the utility pole since Mr. Hebb doesn't have control over that. The Board agreed. The ditch grading at the pole will have to be completed after the pole is removed.
Gibbs noted that item # 8 as listed on the RCCD Field Report dated November 21, 2008, should be done before the road is accepted. The item states "RCCD has not received certification from the land surveyor that all bounds have been set or reset."
Gundersen moved to recommend Twombly Drive for acceptance as a Town road
with the following condition precedent: RCCD approval of certification from the land surveyor that all bounds have been set or reset. Second by Doggett. Motion carried unanimously.
Mr. Pivero asked the Board if they would consider requiring developers to include stationing on as-built plans in the future. Mr. Pivero departed at this time.
4. Proposed Zoning Amendments for 2009 Warrant:
a. Sprinkler Systems: The Board reviewed a March 2008 warrant article requiring sprinkler systems in one and two family dwellings. The article did not pass and the fire chief had requested that the Board consider adding it as an article in the 2009 warrant. There was consensus among the Board that the article was more of a building code and was not the purview of the Planning Board.
West said developers should be given the option of adding sprinklers or building cisterns. He also noted that the article does not consider multi-family homes. He stated that fire sprinkler requirements could be added to the regulations if the Board so desired.
Doggett directed the secretary to send a memo to the Board of Selectmen stating that the fire sprinkler ordinance should not fall under the zoning ordinances and encouraging the Board of Selectmen to look into adding it as a selectmen's ordinance.
b. Workforce Housing: West said he believes the state will allow towns more time to comply with the new housing laws. He said it was not wise to add a workforce housing ordinance without careful review and that if the town could show evidence of working on complying with the new law, that in itself could be considered compliance.
West said the Board should work on zoning before adding a workforce housing ordinance. He said that if 46% of the town's dwelling units are assessed at $280,000 or lower, the town might already be in compliance with the law.
The secretary will ask the assessor for a report for West to review. The Board will review the information to determine if the town already complies with the law by providing the fair share of workforce housing units.
c. Wind Turbines: The Board reviewed RPC's model wind turbine ordinance. West said the state's model requires only a building permit whereas RPC's model requires a conditional use permit. The Board prefers the RPC model.
Motion by Doggett to place the RPC model ordinance for Small Wind Energy Systems on the warrant with the necessary edits and corrections. Second by Gundersen. Motion carried unanimously.
d. Conservation Subdivision: The Board reviewed Durham's ordinance. West said this is another ordinance that should really be considered after the zoning issues are addressed. The Board will discuss it at the next work session.
e. Setbacks for Kennels: West provided some language for animal enclosure setbacks. Doggett proposed the following language: Kennels or other animal enclosures, pens or paddocks that house animals, may not be located within the existing side, rear or front building setbacks.
Doggett moved to add the above language for animal enclosures to the warrant article as section XVIII # 12. Second by Gundersen. Motion carried unanimously.
f. Scenic Roads / Tree Survey: The Board reviewed the current scenic road ordinance. West said that requiring a tree survey as should be added to the site plan and subdivision regulations and he will work on the language for it.
5. TBG – Update
a. Review Language for Permitted Uses in Zones: The Board reviewed village district ordinances from Danville and Windham. West recommended adding a clause about mixed uses similar to Atkinson's as well. West will combine the Danville and Windham ordinances and the Board will continue discussion at the next work session.
b. Historical Society Map: Doggett will review the map. The Board will continue discussion at the next meeting.
6. Acceptance of Minutes
Doggett moved to accept the minutes of 11/11/08. Second by Gibbs. Motion carried unanimously.
7. Miles adjourned the meeting at 9:36 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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