Newton Planning Board
Minutes of public hearing and meeting
FEBRUARY 10, 2009
Page 1 of 6
Planning Board Minutes of February 10, 2009 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 Frank Gibbs and Barbara White; 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. Acceptance of Minutes:
Doggett moved to accept the minutes of the January 27, 2008 work session as written. Second by Gibbs. Motion carried unanimously.
3. Manifests: The Board reviewed the manifests and it was determined that $310 for legal fees for research and correspondence regarding Sargent Woods, LLC insolvency will be moved from the Operating Budget Manifest to the NPREA Manifest and charged to Sargent Woods. The Board will continue discussion of the manifests later in the meeting.
4. Correspondence: The Board discussed a letter from Attorney Sumner Kalman regarding Sargent Woods. The letter is dated February 2, 2009 and states: "Sargent Woods, LLC is currently 'insolvent' and will not be completing the project." Attorney Kalman further advised the Board to have the town engineer review the project to determine what is left to do and indicate the costs. The bonds expire on April 30th, 2009.
White moved to have the town engineer review all materials related to the Sargent Woods project as directed by Atty. Kalman's letter of 2/2/09 and to provide information to the Board so that funds can be drawn before the bonds expire on April 30th 2009. Second by Gibbs. Motion carried unanimously.
Miles added that the Board may wish to review the Sargent Woods project at the next work session.
5. Timothy Hajjar / T&M Property Maint: requests extension on conditional approval for Home Based Business. The Board reviewed a letter from Mr. Hajjar dated 1/29/09 requesting an extension on the conditional approval originally granted on 8/26/08 for his home based business located at 17 North Main Street. Mr. Hajjar was not present.
Gundersen moved to grant a 30 day extension on the conditional approval for a home based business located at 17 North Main Street (Tax Map 11, Block 7, Lot 31). The conditional approval will expire on March 26, 2009. Second by Gibbs. Motion carried unanimously.
6. 125 Development Corp of Plaistow, NH requests a Public Hearing for a non-residential site plan at Puzzle Lane. The property is referenced as Tax Map 14, Block 1, Lot 27-1, Phase II. In attendance were: Dennis Quintal of Civil Construction Engineering and abutter Scott Herman of 159 South Main Street.
Miles informed Mr. Quintal that at least one of the performance bonds on the Puzzle Lane project had lapsed and would need to be reinstated. She also noted that occupancy permits were required for the existing building. Miles stated that the project cannot move forward until these items are taken care of. Mr. Quintal stated that he will inform Mr. McDonough, the owner of the property.
Mr. Quintal proceeded to present the project to the Board. There is an existing building on lot 27-1; the plan proposes a second building on the same lot.
Mr. McDonough went before the Board of Appeals on November 18th, 2008 and was granted 2 variances for the 200' setback in 2 locations: 1) abutting 14-1-7-1 and 2) abutting 14-1-5-1.
The dimensions of the proposed buildings are 49' x 100' with a utility room on the end. They will tie into the existing well and septic systems. Mr. Quintal said both are adequately sized to handle the needs of both buildings. There will be parking in the front and rear of the new building.
Stormwater for the new building will drain to a different lot (14-1-27-B) which is also owned by Mr. McDonough. An easement will be drawn up for drainage onto the neighboring lot.
The Board reviewed a letter from abutter Scott Herman dated 2/6/09.
Mr. Herman addressed the Board. He stated that he was at the Board of Appeals meeting and that the conditions imposed by the Board of Appeals had not been enforced.
He had a number of problems with the existing site: trucks on Puzzle Lane are clearly visible from his property; there are bright lights on the back of the existing building which shine onto his property. Mr. Herman said he was told the lights would be shaded but instead more lights have been added.
Gibbs noted that the conditions imposed by the Board of Appeals which included shading the lights and a tree-topped berm were intended for the proposed building (rather than the existing building).
Mr. Herman's additional concerns were: hunters have been gaining access onto his land, his property values are reduced and noise is a problem. He said the lights that have been added to the existing building are very high up and will be difficult to buffer.
Mr. Quintal said that there are a number of things that can be done regarding the lights and that he will discuss this with Mr. McDonough. He suggested timing sequences, shades, and motion detectors. He said it is not necessary to have the lights on at all times. Gibbs said the lighting solution should be noted on the plans.
Miles and White asked if the new building would be in the line of site between the existing building and Mr. Herman's house. Mr. Quintal said probably not.
Doggett asked how many units the existing building has, Mr. Quintal said 7, the new building will have 4 units.
Miles referred to a letter from the town's assessor Andrea Lewy dated 2/4/09 which outlined a number of concerns. Mr. Quintal said he will review the comments as well as those of the town engineer and circuit rider when he receives them.
Doggett moved to continue the public hearing for the non-residential site plan at 14-1-27-1, Phase II to February 24th. Second by Gibbs. Motion carried unanimously.
Mr. Herman added that there have been deliveries to the building as late as 7:30 or 8:00 pm.
7. Plan NH Application: West distributed copies of a draft of the Plan NH application. He said he still needed to flesh out a few areas. Miles said #5 regarding environmental issues needs more information. West asked the Board members to review the application and submit comments as soon as possible.
Resident Rob Peterson said he would contact the Wilder's Grove association to see if they have any comments on the application.
8. Other Board Business:
a. Rob Peterson request for clarification on ordinance: Residents Rob Peterson, Robert Johnson and Gus Medeiros all of Wenmarks Road were in attendance to ask for clarification on Section XIX of the Zoning Ordinances - Non-Conforming Lots and Uses. Mr. Peterson addressed the Board. He suggested that when considering the effect of an expansion of a non-conforming use, there must be some baseline from which the size of the expansion and its subsequent impact are measured. Mr. Peterson asked if the ordinance identifies what this baseline should be. He said there are two possibilities: 1) the baseline is taken to be the size of the non-conforming use at the time the
ordinances were enacted or 2) the baseline is taken to be the size of the non-conforming use at the time an expansion is requested.
Miles said Mr. Peterson's question was forwarded to town counsel for review. She stated that in her opinion one could use the principle of grandfathering as a guideline.
Doggett stated that the Board cannot make a motion to establish a baseline. He said that he agrees with Miles and in his opinion the baseline should be considered to be the conditions existing when a property was purchased. He also said the state government is currently examining the idea of grandfathering and whether or not it actually exists. Doggett reiterated that the Planning Board cannot give a specific baseline for a particular property until there is an application before the board.
b. Proposed Police Department: Police Chief Larry Streeter was in attendance to explain the proposal for renovation of the police station. He said he proposed a warrant article to the Selectmen because the department has outgrown the current building.
Chief Streeter said that a Safety Complex was put before the voters two years ago but failed. He attributed the warrant's failure to cost, location, and fear that the different departments wouldn't get along.
Chief Streeter explained that the wetlands were flagged by Michael Seakamp, plans were drawn by Dennis Quintal and an architect designed the building. He estimated the costs at $924,750. Chief Streeter said the proposed building will serve the community for 40-50 years.
Chief Streeter said he has met with a number of people to promote the project and also stated that this would be a good time to go ahead with the project since construction costs are down right now. He said he would like to see local contractors do the work on the building.
Miles said if funded, the town should present a site plan to the Planning Board at a public hearing. She asked if the Board had any comments.
Gibbs asked where the police would work during construction. Chief Streeter explained that they would continue to work at the current location.
Doggett thanked the Chief for working on a project that was specifically outlined in the CIP and commended the long term approach of the proposal.
West commented that the building looked to be only about 10' from the wetlands.
Gibbs noted that the dumpster may need to be relocated. It appeared from the drawing that a truck may have difficulty accessing it.
Doggett moved that the Planning Board supports the renovated police station project. Second by Gibbs. Motion carried unanimously.
8. Steven Ciambelli / Katherine Drive Subdivision bond reduction request. Mr. Ciambelli was not present. The Board reviewed a letter from Mike Vignale dated 1/26/09 recommending a bond reduction in the amount of $13,450.
Doggett said he was uncomfortable releasing bond money given the turbulent history of the project, last month revocation of the subdivision was being requested. Miles said the applicant had withdrawn the request for a hearing for revocation.
Gundersen pointed out that the engineer had indicated that work had been completed and the amount of the reduction was equal to the work done, so the amount remaining on the bond should cover remaining work. He also noted that a timely bond reduction could help to move the project forward which would be in the best interest of everyone involved.
Doggett moved to reduce the bond on Katherine Drive by $13,450 leaving an amount of $163,208.98. Second by Gundersen. Motion carried unanimously.
9. Manifests – continued from # 3 above.
Doggett moved to authorize the Chair to sign the Operating Budget manifest, dated 2/10/09, in the amount $6,461.57 and as amended in section 3 above. Second by Gibbs. Motion carried unanimously.
Doggett moved to authorize the Chair to sign the NPREA manifest, dated 2/10/09, in the amount $1,025.65 and as amended in section 3 above. Second by White. Motion carried unanimously.
10. Correspondence:
a. Memo from West dated 1/27/09 re: Housing Unit Estimates: The Board reviewed the memo.
Doggett moved to send a copy of the memo to the Board of Selectmen and to contact West with any questions. Second by Gibbs. Motion carried unanimously.
b. Memo from West dated 1/27/09 re: Digital Parcels: The Board reviewed the memo. West said the next step would be to write an RFP for Digital Parcel maps. He will bring a draft for discussion at the next work session.
c. Correspondence re: Sargent Woods insolvency: The secretary was directed to send a letter to the Board of Selectmen to encumber funds from the Sargent Woods bonds in anticipation of having to complete the road and other site work and to cc the Building Department. Draw down requests must be made by the end of March or at least 3 weeks prior to the expiration of the bonds (4/30/09).
d. REDC: The Board reviewed a letter from the Rockingham Economic Development Corporation requesting projects for inclusion on the CEDS Priority Project List.
Doggett moved to contact the police department and assist them in filling out the form for the building renovation project. Second by White. Motion carried unanimously.
e. Regional Transportation Projects: The Board reviewed a memo from the Rockingham Planning Commission regarding Regional Transportation Projects.
f. CTAP: The Board reviewed a memo requesting appointees for the Community Technical Assistance Program. West pointed out that this refers to the I-93 widening project. Newton is not involved in the project and is not included in the CTAP project.
11. Zoe Lane Road Bond: The Board was informed that the road bond letter of credit for Zoe lane had expired in January, 2009. The road was formally accepted by the Town on February 5, 2007 so the 2 year waiting period is up. A memo will be sent to the Board of Selectmen indicating that the Planning Board does not see a need to reinstate the bond as long as the Board of Selectmen and road agent do not have any issues with the road.
12. Adjourn: Doggett moved to adjourn at 9:02 pm. Second by Gundersen. Motion carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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