NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORKSESSION
FEBRUARY 24, 2009
Page 1 of 6
Planning Board Minutes of February 24, 2009 Public Hearing & Worksession
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 7:28 pm. In attendance were: Chairperson Ann Miles; Vice Chairman Jim Doggett and Planning Board members Frank Gibbs and Kim Pettit. Minutes were transcribed and typed by Administrative Assistant, Lisa Babcock.
Also in attendance: Fire Chief Bill Ingalls.
2. 125 Development Corp of Plaistow, NH continuation of a Public Hearing for a non-residential site plan at Puzzle Lane, Tax Map 14, Block 1, Lot 27-1, Phase II. Owner, Colman McDonough, engineer, Dennis Quintal and abutter Scott Herman were in attendance.
Mr. Quintal addressed the board. He stated that the proposed building will be 4,995 sf and will tie into the existing well and septic system. The lot is limited to 24 people between both buildings.
Parking spaces have been calculated based on the existing use of the existing building and proposed use of the proposed building. There will be 42 spaces.
Mr. Quintal then proceeded to discuss the engineering comments received from Mike Vignale of KV Partners in a letter dated February 17, 2009.
#1 The retaining wall at the rear of the building shall be designed by a structural engineer. Mr. Quintal explained that a note on the plan indicates that the wall will be designed by a structural engineer and a structural report will be sent to the town for review. He said that is usually done once a conditional approval is granted. He also noted that a guardrail has been added to the detail sheet for the top of the wall.
#2 Mr. Quintal said he slightly modified the sidewalk design to comply with ADA requirements – that change was made on the detail sheet.
#3 Mr. Vignale noted in his report that the wetlands located at the rear of the parking area outside the retaining wall should be identified prior to construction. Mr. Quintal said he added a note to the plan indicating that the wetland area will be re-flagged prior to construction so there is no encroachment onto the wetlands.
#4 Mr. Vignale asked for more spot grades to clarify the flow of surface water over the parking area. Mr. Quintal said he added that and clarified the drainage over the parking area.
#5 Mr. Quintal said he added a lighting plan that shows the proposed photometric data. That is a separate sheet which he did not bring to the meeting but will forward it to the town engineer for his review.
#6 Mr. Quintal said the design of the proposed berm on the easterly side of the building has been revised to conform with the Board of Appeals variance that was granted. He said he did that with a detail sheet which he distributed. He also showed a cross section of the wall that was extended around the back of the building to the easterly side of the building and to the retaining wall. It will hold back some of the dirt and that way they will be able to build the berm and put the plantings on top.
#7 The electrical connections have been shown and proposed utilities have been added to the plan. Final placements may be modified by the utility company.
#8 Mr. Quintal said in the stormwater detention area there is exfiltration into the ground water. Since the surfaces are impervious and water doesn’t get a chance to drain down into the soil and recharge the ground water engineers are now asking for that on drainage analysis. So what they want is when we build these stormwater detention areas don’t just let them run through and run into the wetlands but hold the water to percolate into the soil instead of sheet-flowing off the parking lot. The engineer is asking for a test pit in that area to verify the soil conditions which will allow the water to drain in and verify that the water is absorbed into the soil. That is something that can be done as a condition.
#9 The width of the berm is now 6’.
#10 The swales have been modified to have more of a flat bottom so there can be some grass in them to help filter the surface runoff.
#11 Both buildings will have a total site usage of 24 people. A copy of the septic system design was provided to the Planning Board.
Mr. Quintal then addressed comments from the Conservation Commission.
#1 Is the septic system shared? Yes.
#2 Is there any speculation on the type of businesses that will be in the proposed building? Not at this time.
#3 Are there oil separators for the parking lot runoff? There is one catch basin in the rear of the building and a hood can be put on the outlet of the catch basin. That will be added to the detail of the catch basin.
Mr. Quintal then addressed some comments from the town’s assessor.
Can you drive over the septic system? Mr. Quintal said the system is designed that way. The new products allow it. He submitted the plan and it was approved by the state.
How many units in the new building? Not sure yet.
What is the acreage of phase II? Mr. Quintal said he was not sure where you would draw the line between the two buildings but he estimated the area of phase II at 20,000 sf.
Is there only one dumpster? No, the existing dumpster is not shown on the plans but can be added.
Error on sheet S1 map block lot. On sheet S1 the lot number was listed on 27-3 but should have been 27-1 – it has been corrected.
The remaining comments had to do with the parking calculations which have all been shown on the plans.
Mr. Quintal said he did not receive any comments from the circuit rider. Babcock said that West had stated over the phone that his comment was that an easement agreement is necessary for the drainage since it uses a separate lot.
Doggett questioned the plan to have a row of 2-3” Colorado spruce planted 18” from the edge of the retaining wall. He said when they are 20’ tall; they could be easily blown over. He suggested a more compact and dense plant such as arborvitae.
Pettit suggested having the wetlands reflagged and noted on the plan as opposed to just being reflagged before construction.
Mr. Quintal said the flagging was done by NH Soil Consultants and that there hasn’t been any change in the water flow. He offered to have the wetlands flagged prior to signing the mylar and verifying that it matches the line on the plan.
Pettit stated that new surety bonds have been received. She noted that the regulations require bonds to be in the form of a passbook or letter of credit. She suggested that the bonds be accepted to maintain continuous boning on the project but that at some point they need to be replaced with what is required in the regulations.
Pettit also requested that the existing dumpster be added to the plans.
Miles asked how many units and tenants are in the existing building. Mr. Quintal said there are 7 units and 6 tenants. There will be approximately 4 units in the new building. Miles asked if they are rented or owned. Mr. McDonough said they are currently rented.
Miles stated that occupancy permits, fire suppression and bonding are issues that must be put in order. She also suggested looking at the possibility of adding a community well.
Mr. Quintal said the site is approved for 24 people only.
Gibbs asked if there is room to add an extension onto the septic system. Mr. Quintal said yes but the septic system is adequate for more people. It’s the water supply that is not. He said if there are going to be more than 24 people, Mr. McDonough would have to get a community water supply approval from the state.
Gibbs asked if another well could be added for the new building. Mr. Quintal said it could be added but right now the limitation is 24 people on site. Pettit asked how the town can be assured there will only be 24 people occupying the site.
Mr. Quintal said he didn’t know but that the town can call the state’s subsurface bureau if they suspect a violation.
Mr. McDonough added that Jim Gill from the state said he would attend a meeting if necessary. Mr. McDonough said frequently the workers work off site all day.
Gibbs noted that if the Planning Board knew what type of businesses were there, they could see if they are the type of business that people are on or off site.
Miles said the Board needs a paper trail of what companies are there and what kinds of businesses they are. This has to get straightened out.
Doggett asked if there is anything in the lease that limits the number of employees for each unit to about 2.
Miles said the Board needs to contact the building department and find out what the status is regarding final inspections. Mr. McDonough said the building inspector is all set; he just needs to do a final walk-through.
Mr. Quintal itemized the list of possible conditions: add the dumpster to the plans, flag the edge of the wetlands, change the trees to arborvitae (Doggett suggested juniper), clean letter from the engineer, easement for drainage, catch basin hoods and the abutter’s lighting issues.
Abutter, Scott Herman of 159 South Main Street addressed the Board. He said that his big concern is the lighting especially a large spot light that shines directly onto his porch. He also wanted to be sure the berm and trees were added. He wanted to make sure that these items are noted on the plans. He said he does not have a problem with the plan as long as the quality of his property is protected.
Miles asked if the back corner of his lot his wooded. Mr. Herman said it is a combination of woods and wetlands.
Mr. Herman again stated that there is a large spot light on the existing building which shines onto his property. He would like it timed out or shaded. He said that Mr. McDonough may have tried to address the problem but it had not been corrected yet. Mr. Herman said he would like some assurances that these issues will be addressed – including the lighting issue and protecting the environment. He also stated that trucks are coming in between 7:15 and 7:45 pm.
Doggett suggested that the proposed row of plantings be extended further.
Mr. Quintal said the existing and proposed lights will have to be directed down and shaded. Mr. McDonough said he is willing to look at the lighting with the abutter and correct it.
Doggett moved to continue the hearing for the Puzzle Lane site plan for lot 27-1 phase II to March 24th. Second by Pettit. Motion carried unanimously.
3. Plan NH application update: Babcock informed the board that letters of support had been received from the Board of Selectmen, Recreation Commission, Conservation Commission and Board of Appeals.
Miles thanked all of the boards and commissions for the letters of support.
4. TBG – update: The board reviewed language for a Village District Zoning Ordinance and made several comments.
A definition is needed for “multi-unit dwelling”.
Section 2(f) – needs zoning ordinance reference.
2(h) – office s/b offices
2(i) – to read: Medical, dental, and other health care facilities.
2(j) – to read: Financial institutions.
2(k) – need a definition for “personal services”
2(l) – to read: Food service establishments.
2(n) – to read: Social membership clubs.
2(o) – need a better term for inns and bed & breakfast (possibly hospitality)
2(p) – to read: Places of worship.
2(q) – to read: Educational and day care facilities.
2(r) – to read: Congregate care and assisted living.
2(t) – to read: Animal hospitals.
The Board also discussed the need to review whether or not drive-through windows should be allowed. Miles pointed out that they are helpful to the handicapped and elderly. Doggett noted that the window at the bank had worked out well but said they want to avoid fast food restaurants, etc.
The Board will continue discussion of the proposed language at the next work session.
5. Minutes:
Doggett moved to accept the minutes of February 10, 2009 as written. Second by Gibbs. Motion carried unanimously.
6. Manifests:
Doggett moved to authorize the chair to sign the NPREA manifest dated February 24, 2009 in the amount $313.80. Second by Gibbs. Motion carried unanimously.
There was no operating budget manifest for 2/24/09.
7. Adjourn:
Miles called the meeting adjourned at 8:57 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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