Newton Planning Board
Minutes of public hearing and meeting
december 9, 2008
Page 1 of 6
Planning Board Minutes of December 9, 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 7:00 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: David West, Circuit Rider Planner. Miles appointed Gundersen to stand in for Pettit.
2. John and Jody Baronian: request a Public Hearing for a Conditional Use Permit for an Accessory Apartment at 21 Walnut Farm Road. The property is referenced as Tax Map 13, Block 3, Lot 8-9. Mr. and Mrs. Baronian and their representative, Richard A. Picone, were in attendance.
Miles opened the public hearing for a conditional use permit for accessory apartment at 21 Walnut Farm Road.
Mrs. Baronian addressed the Board. She provided a copy of the state septic approval and a copy of the septic design plan.
White stated that at the Technical Review Meeting, Fire Chief Ingalls had stated that the sprinkler heads would need to be dropped due to the dropped ceiling and that some sprinkler heads may need to be added in the laundry room area. She asked if that was noted in the plans. Mr. Picone explained that those issues were covered under NFPA code and that the Fire Chief would inspect all of that before signing the occupancy permit.
Doggett asked if there were separate egresses for the apartment. Mrs. Baronian said yes. Doggett said the egresses were not clearly marked on the sketch of the apartment. He suggested that clarifying the egresses should be a condition of the approval. Mr. Baronian said he has copies of the house plans that show all the egresses and he would go home and get them.
The discussion was tabled so that Mr. and Mrs. Baronian could go get copies of the house plans.
3. Joseph Ferrandi discussion regarding Town acceptance of Patriot Drive.
Mr. Ferrandi was present and addressed the Board. He said work was being done on the road and was almost complete. He also stated that he is working on the getting the road deed (he provided a draft copy to the board) and a deed to transfer "Parcel A" to the town.
Miles said he should contact the town engineer once the work is complete to have him do a final review. A clean letter from Mr. Vignale is required before the town will accept the road.
The Board reviewed the as-built plans. Gibbs pointed out that there are two drainage structures (labeled Grassed Detention Area #1 and Detention Area #2 and Outlet Structure) depicted on the as-built plan. Both structures extend into private property and therefore require easements granting the town access to maintain and/or repair them.
Miles asked the secretary to send Mr. Ferrandi a list of all of the outstanding items still required to get the road ready for acceptance.
Mr. Ferrandi then stated that he would like more of his bond reduced so he can pay for the work being done. Miles said that since the bond is already down to the last 10%, Mr. Ferrandi would have to go to the Board of Selectmen to request any further reduction in the bond.
White moved to continue the discussion of the acceptance of Patriot Drive to the work session. Second by Gibbs. Motion carried unanimously.
4. Baronian – conditional use permit for accessory apartment at 21 Walnut Farm. Mr. and Mrs. Baronian returned with house plans.
Doggett moved to take the Baronian CUP off the table. Seconded, carried.
The Board reviewed the plans and determined that the egresses were adequately marked.
White asked if there are at least 4 off-street parking spaces as stipulated by the ordinance. Mrs. Baronian said there are 4 spaces.
Gibbs moved to grant a conditional use permit for an accessory apartment at 21 Walnut Farm Road. Second by Gundersen. Motion carried unanimously.
Miles closed the public hearing for conditional use permit for an accessory apartment at 21 Walnut Farm Road for John & Jodi Baronian.
5. Maplevale Builders/Walnut Farm Road – Bond reduction request:
Charlie Zilch of SEC was in attendance representing Dave Storey/Maplevale Builders.
The Board reviewed a letter from KV Partners dated 11/25/08 re: Walnut Farm Subdivision – Performance Guarantee Reduction Request.
Mr. Zilch confirmed that all of the stated work had been completed.
Doggett moved to approve a bond reduction in the amount $41,646 leaving a balance of $135,429.56 for Maplevale Builders / Walnut Farm Road. Second by Gundersen. Motion carried unanimously.
6. Dave Storey/Davlyn Development request for town acceptance of Kenwood Drive and Storey Lane: Mr. Zilch spoke on behalf of Mr. Storey. He said the as-built plans are completed and will forward copies to the Board.
Mr. Storey is still working on the road deed.
Doggett moved to continue discussion of Kenwood Drive/Storey Lane road acceptance to the work session. Second by Gundersen. Motion carried unanimously.
7. Steve Ciambelli / Katherine Drive Subdivision requested to meet with the Board regarding the road bond.
Mr. Ciambelli addressed the Board and said that he is unable to build the road to be known as Katherine Drive due to financial difficulties. He has not sold any of the lots in the subdivision.
Mr. Ciambelli requested that the Board "freeze" the subdivision and release the bond, or if the subdivision had to be revoked, do it in such a way that the subdivision could be reinstated when re-bonded. Mr. Ciambelli said he expects to sell the subdivision in the spring.
The Board reviewed a letter from Atty. Kalman dated 12/8/08 regarding Mr. Ciambelli's request.
Gundersen asked what stage the project is in. Mr. Ciambelli said some clearing has been done. Miles added that silt fencing has been installed. Gibbs said he was concerned about dust if the site is not stabilized.
West said that if the project cannot be bonded, the subdivision must be revoked. He added that the Board does not have the power to stipulate that the subdivision will be reinstated once it is re-bonded by a new developer.
The Board agreed that a new application for the subdivision would be likely to receive approval quickly since all of the engineering and other work on the project had already been done. However, Doggett pointed out that the Board could not guarantee that this or any future Board would automatically grant approval.
Miles said that the Notice of Revocation could be worded to indicate that the revocation was a mutual agreement between the developer and the town, the town did not "shut down" the project – the subdivision was revoked due to financial hardship only.
West pointed out that a public hearing would have to be held in order to consider revoking the subdivision.
The Board tentatively scheduled a hearing for revocation for January 13, 2009, giving both the Board and the developer a chance to review their options.
8. Targeted Block Grant: Board members reviewed maps marked up by the Conservation Commission, Historical Society and Jim Doggett.
West supplied a map of the village centers with aerial photos of each center. He asked the Board members to write in any existing businesses they know of on the aerial photos.
It was also suggested that a map be marked up to show town owned properties, easements and what plans, if any, exist for the use of the land.
The Board asked the secretary to research the zoning of Fernwood Drive.
9. Acceptance of Minutes.
Doggett moved to accept the minutes of the November 25, 2008 work session. Second by White. Motion carried unanimously.
10. Manifests.
Doggett moved to authorize the Chair to sign the Operating Budget manifest, dated 12/9/08, in the amount $70.88. Second by Gibbs. Motion carried unanimously.
Doggett moved to authorize the Chair to sign the NPREA manifest, dated 12/9/08, in the amount $134.54. Second by Gibbs. Motion carried 3-0-2 with Gundersen and Miles abstaining due to recording charges for their projects appearing on the manifest.
1. Other Board Business
a. Foy lot line adjustment: West informed the Board that he received plans to review a proposed subdivision for lot 6-8-6. The intent is to indicate that the proposed subdivision conforms to the zoning ordinances in order to maximize the value of the lot for tax purposes, not to actually develop the subdivision.
b. Country Pursuits: The Board asked that a letter be sent to the owners as this business was never approved.
c. Puzzle Lane variance: The Board asked the secretary to get information on the ZBA decision regarding Puzzle Lane for discussion at the next work session.
d. Review Legal Notice for 12/30/08 public hearing on Zoning Ordinances: The Board reviewed a draft of the notice.
Miles said she would like to add the elderly housing ordinance to the agenda so that the Board could discuss changing it from a conditional use permit which does not permit appeal to the ZBA – appeals must be made to the courts.
West said it can be done as an allowed use or special exception. Elderly housing will be added to the notice and will be discussed at the next work session.
West said he reviewed Durham's Conservation Subdivision Ordinance and compared it to Newton's Cluster Subdivision Ordinance. He said the main difference between the two was that Newton's ordinance does not make any reference to preserving historic structures. He also said that Durham has a number of related subdivision regulations and the Board may want to consider adding similar regulations.
The Cluster Subdivision Ordinance will be added to the notice and language will be reviewed at the next work session. West said the Board may also wish to look at the 20 acre size requirement.
e. Encumbered Funds: The Board discussed what funds might need to be encumbered.
Gibbs moved to encumber $1,250 out of Consultant Fees to pay for the 2nd payment of the matching portion of the Targeted Block Grant. Second by Gundersen. Motion carried unanimously.
Gibbs said the 1st payment should be made before the end of the year.
f. Twombly Road Bond Reduction: The Board reviewed the Twombly Drive bond reduction. Doggett said the bond could not be reduced until the Board of Selectmen formally accepted the road. The Town's Attorney had some issues with the road deed and the road agreement between Newton and South Hampton. Nancy Wrigley is working with Atty. Kalman to get the issues resolved.
The Board also reviewed the certification of the bounds which was a condition of road acceptance.
The Board will discuss the bond reduction at the next work session.
g. Leo LaRochelle / Rosewood Builders request for final release of bonds for George's Way & Brenner Drive extension:
Mr. LaRochelle, who was not present, had requested that the Board release all of the bond money for George's Way and Brenner Drive since the roads were complete and accepted by the town.
There was some discussion about when the roads had been completed. Doggett said he didn't think the road had been completed a full 2 years ago. Subdivision Regulation 9.3 stipulates that the 10% maintenance bond must be in place for 2 years after completion. West suggested that be changed to 2 years after acceptance.
The secretary informed the Board that Town engineer Mike Vignale had recommended a final review of the road either by himself or the road agent. The Board decided not to involve the Town engineer at this point since he had had no prior involvement with the project. They suggested that the road agent check the road.
Gundersen moved to recommend to the Board of Selectmen to release the final bonds on George's Way and the Brenner Drive extension. Second by White. Motion carried 4-1 with Doggett opposed.
h. Complaint regarding cutting of trees at Puzzle Lane: The Board reviewed an e-mail from M. Davenport of Howard Lane, dated 12/3/08. The Board noted that Mr. McDonough had applied for and received an Intent to Cut permit.
Gibbs suggested sending a memo to the Board of Selectmen to have the Code Enforcement Officer inspect the site.
i. Whispering Pines – Request for Variance: The Board reviewed a notice for Whispering Pines' upcoming BOA hearing (12/16/08). Miles directed the secretary to review the court order and notify the BOA if the order stipulated that Whispering Pines was to appear before the Planning Board before going to the Board of Appeals.
10. Adjourn: Miles called the meeting adjourned at 9:49 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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