Newton Planning Board
Minutes of public hearings
for zoning ordinances
december 30, 2008
Page 1 of 6
Planning Board Minutes of December 30, 2008 Public Hearing for Zoning Ordinances
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; and Planning Board Members, Barbara White and Frank Gibbs. Minutes were transcribed and typed by Administrative Assistant, Lisa Babcock.
Also in attendance: David West, Circuit Rider Planner.
2. Citizen's petition to amend Section XIII Light Industrial/Commercial Zone Area Regulations regarding Location on Lot.
Miles opened the public hearing for the Citizen's petition to amend Section XIII Light Industrial/Commercial Zone Area Regulations.
On petition of twenty-five (25) or more registered voters to see if the town will vote to amend Newton Zoning Ordinance, Section XIII Light Industrial/Commercial Zone Area Regulations to read, Location on Lot: Side yard 50 feet/structural setback with a minimum of 25 foot undisturbed natural buffer and any additional buffer that may be required by the Planning Board on the side that abuts any other zone; rear yard 50 feet structural setback with a 25 foot undisturbed natural buffer and any additional buffer that may be required by the Planning Board where it abuts any other zone. Plus adequate provision for off-street parking as determined by the planning board. No building shall be set within 50 feet of the street and within 30 feet of any lot line.
Coleman McDonough proposed the amendment and was present to address the Board. Mr. McDonough said the 200' setback between Light Industrial and Residential zones was hurting his project at Puzzle Lane. He pointed out that every case should be approached individually. For example he had recently been granted a variance from the 200' setback because the residential abutter's home was 600' from the lot-line; the area between lots is mostly wet and unbuildable and the abutter is not opposed to the project. Mr. McDonough and the abutter agreed that an earthen berm and shielded lighting would adequately protect the abutter from the view of the commercial property.
Doggett commented that dropping the setback to 50' could be detrimental to the quality of life in some areas. The current recourse is to go to the Board of Appeals for a variance.
West suggested that the Board look at amending the current ordinance to give the Planning Board the power to waive setbacks if evidence is given that 200' is not necessary. The Board decided to revise the wording on their proposed ordinance and to not recommend Mr. McDonough's ordinance.
3. Citizen's petition for easement to access Tax Map 11, Lot 15-1.
Miles opened the public hearing for the Citizen's petition for easement to access Tax Map 11, Lot 15-1.
We the undersigned, being registered voters in Newton, New Hampshire, request that the property located at One Deluxe Ave. (map 11 lot 15-1, behind the Gale Library), be granted an easement determined by the Planning Board in one of three possible locations:
1. 100 feet down old Peanut Trail (old Railroad Bed)
2. Behind Gale Library
3. Off Town Hall Road
This lot is a single lot of record without a clear easement to it. This action will clear this up without any expense to the Town.
Robert White who proposed the ordinance was present and addressed the Board. Abutters John and Susan Fryer were also in attendance.
Mr. White explained that he owns a back land property off the Peanut Trail and would like an easement granted to access the land. Miles asked if there was ever a house on the lot. Mr. White said he believes there was a house there at one time.
Mr. Fryer said that one of the options presented in the ordinance requests an easement over his property. Mr. Fryer said he does not want an easement over his land – he does not know what it would do to the resale value of his house.
Gibbs noted that Mr. White's lot is not a buildable lot.
Doggett motioned to recommend the ordinance with a note indicating that the Planning Board prefers option # 1 Peanut Trail for the location of the easement. Second by White. Motion carried 3-1-0 with Gibbs opposed.
Miles closed the public hearing for the Citizen's petition for easement to access Tax Map 11, Lot 15-1.
4. Amendment to Section XIII Light Industrial/Commercial Zone Area Regulations regarding buffers.
Miles opened the public hearing for the Amendment to Section XIII Light Industrial/Commercial Zone Area Regulations regarding buffers.
Doggett suggested the following amendments to the wording:
Location on Lot: Side yard 200 feet/structural setback with a minimum 50 foot undisturbed natural buffer and/or any additional buffer or reduction of said buffer as determined that may be required by the Planning Board up to but not exceeding 1,500 feet on any side that abuts any other Zone; rear yard 200 feet structural setback with a minimum 50 foot undisturbed natural buffer and/or any additional buffer or reduction of said buffer as determined that may be by the Planning Board up to but not exceeding 1,500 feet where it abuts any other Zone, plus adequate provision for off-street parking as determined by the Planning
Board. No building shall be set within 75 feet of the centerline of the street and within 30 50 feet of any lot line.
West suggested adding a line such as "The Planning Board may reduce the required setbacks at their discretion given sufficient evidence…" to the ordinance rather than using the above wording.
The Board decided on the following wording:
Location on Lot: Side yard 200 feet/structural setback with a minimum 50 foot undisturbed natural buffer and any additional buffer that may be required by the Planning Board up to but not exceeding 1,500 feet on any side that abuts any other Zone; rear yard 200 feet structural setback with a minimum 50 foot undisturbed natural buffer and any additional buffer that may be required by the Planning Board up to but not exceeding 1,500 feet where it abuts any other Zone, plus adequate provision for off-street parking as determined by the Planning Board. No building shall be set within 75 feet of the centerline of the street and within 30 50 feet of any lot line.
The Planning Board is empowered to reduce the buffer sizes, as justice may require, but may not reduce them below the lot-line set-backs as listed above.
Doggett moved to recommend the ordinance as amended. Second by Gibbs. Motion carried unanimously.
Miles closed the public hearing for the Amendment to Section XIII Light Industrial/Commercial Zone Area Regulations regarding buffers.
5. Amendment to Section XVIII General Provisions regarding animal enclosures.
Miles opened the public hearing for the Amendment to Section XVIII General Provisions regarding animal enclosures.
The Board decided on the following wording:
Animal enclosures, pens or paddocks may not be located within the existing side, rear or front building setbacks.
Doggett moved to recommend the ordinance as amended. Second by Gibbs. Motion carried unanimously.
Miles closed the public hearing for the Amendment to Section XVIII General Provisions regarding animal enclosures.
6. Amendments to Section XXXIV Floodplain Development Ordinance.
Miles opened the public hearing for the Amendments to Section XXXIV Floodplain Development Ordinance.
Are you in favor of the adoption of Amendment No. __ as proposed by the planning board for the town zoning ordinance as follows: amend the floodplain ordinance as necessary to comply with requirements of the Nation Flood Insurance Program?
The necessary changes are outlined in a letter from Jennifer Gilbert of OEP dated 9/22/08.
White moved to recommend the ordinance as written. Second by Doggett. Motion carried unanimously.
Miles closed the public hearing for the Amendments to Section XXXIV Floodplain Development Ordinance.
7. Amendment to Section XXX Elderly Housing regarding caretakers.
Miles opened the public hearing for the Amendment to Section XXX Elderly Housing regarding caretakers.
The over 55 age restriction shall not apply to employed caretakers as defined in this ordinance as 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. No more than one caretaker whether a family member or an employee may stay with the permanent resident.
Gibbs moved to recommend the ordinance as written. Second by Doggett. Motion carried unanimously.
Miles closed the public hearing for the Amendment to Section XXX Elderly Housing regarding caretakers.
8. Amendment to Section XXX Elderly Housing regarding Conditional Use.
Miles opened the public hearing for the Amendment to Section XXX Elderly Housing regarding Conditional Use.
West said that the Board could not change the ordinance from Conditional Use to Special Exception because it had been adopted under Innovative Land Use Controls.
Miles closed the public hearing for the Amendment to Section XXX Elderly Housing regarding Conditional Use.
9. Amendment to Section XXVIII Residential Open Space – Cluster Development Ordinance.
Miles opened the public hearing for the Amendment to Section XXVIII Residential Open Space – Cluster Development Ordinance.
West suggested adding the following language under the purpose section:
G. Preserve historical sites and structures as identified in the Newton Master Plan.
White motion to recommend as amended. Second by Gibbs. Motion carried unanimously.
Miles closed the public hearing for the Amendment to Section XXVIII Residential Open Space – Cluster Development Ordinance.
10. Proposed Small Wind Energy Systems Ordinance.
Miles opened the public hearing for the Proposed Small Wind Energy Systems Ordinance.
All italicized notes will be removed from the final draft. Keep the first paragraph under D.1.b. and strike the second paragraph.
Doggett moved to recommend as amended. Second by White. Motion carried unanimously.
Miles closed the public hearing for the Proposed Small Wind Energy Systems Ordinance.
11. Acceptance of Minutes.
Doggett moved to accept the minutes of the December 9, 2008 public hearing. Second by Gibbs. Motion carried unanimously.
12. Manifests.
Doggett moved to authorize the Chair to sign the Operating Budget manifest, dated 12/30/08, in the amount $1,250.00. Second by Gibbs. Motion carried unanimously.
Doggett moved to authorize the Chair to sign the NPREA manifest, dated 12/30/08, in the amount $802.80. Second by Gibbs. Motion carried unanimously.
13. Other Board Business: Gibbs asked the secretary to send a memo to the Board of Selectmen to determine if ownership has changed in the Sargent Woods project. The area has not been plowed which could present a life-safety issue. Also, if ownership has changed, what is the status of the water franchise and the bonds. Copy the health officer on the memo.
14. Continuation of discussion regarding: Citizen's petition to amend Section XIII Light Industrial/Commercial Zone Area Regulations regarding Location on Lot.
Doggett moved to not recommend the citizen's petition. Second by White. Motion carried unanimously.
Miles closed the public hearing for the Citizen's petition to amend Section XIII Light Industrial/Commercial Zone Area Regulations regarding Location on Lot.
15. Adjourn: Miles called the meeting adjourned at 8:45 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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