NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORKSESSION
MARCH 24, 2009
1. Call to Order:
Chairperson Miles called the meeting to order at 7:00 pm. In attendance were: Chairperson Ann Miles; Planning Board members Frank Gibbs, Kim Pettit, and Barbara White; and Alternate Mary Sousa. Notes were taken by White. Minutes were transcribed from notes and tapes by Administrative Assistant, Lisa Babcock.
Also in attendance: Circuit Rider Planner, David West.
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 and engineer Dennis Quintal were in attendance.
Mr. Quintal addressed the board. He reviewed town engineer Mike Vignale's comments from a review letter dated 3/23/09 and his own responses.
Comment 1: no details have been provided for the retaining wall. Response: a sheet has been added to the plans showing detail for the wall, guardrail and associated grading.
Comment 2: sidewalk slopes must comply with ADA standards. Response: added to sheet D2.
Comment 3: side slopes of the basin must no greater than 3:1. Response: changes have been made.
Pettit suggested reviewing a list of possible conditions generated at the last hearing.
Miles asked about the lighting plan, Mr. Quintal said it was revised and sent to Mr. Vignale for review. Hoods have been added to the lights.
Test pit analysis has been provided and the existing dumpster has been added to the plans.
The wetlands have been reflagged, there were no changes.
Mr. Quintal said he has no control over occupancy permits (for the first building). Miles said she has been in contact with building inspector Sam Zannini and he has been working with Mr. McDonough to get all of the units inspected. Things are moving forward.
Clean letter – should be all set once Mr. Vignale can review the updated plans.
Trees – changes have been made to the plans.
Oil separators – the hoods on the catch basins should address that.
Condo documents – Mr. McDonough said he is working on getting those.
Bonding – Miles said bonding is in place. Given this economy the Board should not force Mr. McDonough to change the bonding from surety to loc or passbook. Pettit suggested that the applicant supply a waiver letter.
Mr. Quintal asked for a waiver on behalf of the application from section 9.1 requiring that bonds be in the form of a passbook or letter of credit and instead allow a surety bond.
Pettit moved to approve the waiver allowing a surety bond. Second by Sousa. Motion carried unanimously.
Pettit moved to grant approval for the non-residential site plan at Puzzle Lane, Tax Map 14, Block 1, Lot 27-1, Phase II subject to the following conditions:
- Provide necessary drainage easement language to be reviewed by town counsel.
- Provide a waiver request letter for section 9.1 for the file.
- Clean letter from the town engineer.
- Any outstanding NPREA fees to be paid.
- Final mylars should have all necessary professional stamps.
Second by Sousa. Motion carried unanimously.
Miles closed the hearing for a non-residential site plan at Puzzle Lane, Tax Map 14, Block 1, Lot 27-1.
3. 125 Development Corp of Plaistow, NH review commercial business forms for tenants in building 1 on lot 27-1.
Mr. McDonough addressed the Board and explained what type of business is in each unit.
Unit 1 is occupied by HPG which designs rubber pool liners. There is one person in the office.
Unit 2 is occupied by SDJ Services. They transport paper for a national paper company. There is one bookkeeper on site.
Unit 3 is occupied by D&D Engineering which is a machine shop. They have CNC machines and make machine parts. There is one person on site.
Unit 4 was occupied by Precision Machine which went out of business, the unit is now empty.
Unit 5 is occupied by Andy's Auto. There is no floor drain. He has one lift. There are 2 employees.
Unit 6 is occupied by Shiv Krupa LLC which is a wholesaler that provides merchandise to convenient stores. There are 2 employees.
Unit 7 is occupied by Act Glass. This unit is shared by Act Glass and CMP Construction. Act Glass has 1 employee.
Pettit suggested getting MSDS sheets on Andy's Auto. She also wants information on how he is transporting oil off site and how often that happens.
4. Acceptance of Minutes:
Barbara moved to accept the minutes of February 24, 2009 as written. Second by Sousa. Motion carried unanimously.
5. Letter from Tower Resource Management: The Board reviewed a letter from Tower Resource Management dated 1/21/09 regarding possible construction of a telecommunications tower. The Board asked Mr. Fitzgerald (who owns property that has a cell tower on it) about his tower. Mr. Fitzgerald said his tower is 150' tall and requires an area of 80' x 80'.
Gibbs commented that the transfer station is probably too low lying for a tower. Pettit suggested having TRM come in with a proposal.
Pettit moved to send a memo to the Board of Selectmen suggesting that they review town owned parcels for a possible location for a tower with a copy of the memo to the Conservation Commission. Second by Sousa. Motion carried unanimously.
6. Letter from Atty. Kalman re: Twombly Drive: The Board reviewed a letter from Atty. Kalman dated 3/2/09. Gibbs stated that South Hampton needs to accept its portion of Twombly Drive before Newton can accept the rest of the road. He said there is not much the Board can do until Mr. Hebb gets a letter from South Hampton.
Sousa moved to send a memo to the Board of Selectmen suggesting that they ask Atty. Kalman to contact South Hampton's Board of Selectmen regarding Twombly Drive. Second by Pettit. Motion carried unanimously.
7. Father & Son Realty Trust of Newton, NH requests a public hearing for an 8-lot subdivision and roadway at 73 Pond Street, Newton. The property is referenced as Tax Map 4, Block 5, Lot 13 and Pond Knoll Estates.
Miles opened the Public Hearing for an 8-lot subdivision at 73 Pond Street referred to as Pond Knoll Estates.
Applicant Todd Fitzgerald and engineer Dennis Quintal were in attendance.
Mr. Quintal addressed the Board and gave a general overview of the project. The property is located on Pond Street. There is an existing dwelling with a gravel driveway that goes up to lot 13. There is also frontage on Pond Street in 2 areas. Mr. Fitzgerald would like to subdivide the lot into multiple lots. The applicant is proposing a short cul-de-sac road with 5 lots off of it (one existing). On the other section of Pond Street there will be 3 more lots with frontage on Pond Street.
Mr. Quintal said grades on the road are to be no more than 8%. The first lot on right would have to cross a major wetland to get to the buildable area so the applicant is proposing a common driveway that would cross lot 13-12. Each lot has its own well and septic and leaching area.
Mr. Quintal explained the drainage plan. He said grading from the street reaches a peak at 450' or so. Drainage will flow back toward Pond Street so the developer will be creating a storm water detention area which is an area that is basically dry between storms but in a storm situation it's an area that contains the runoff from the street. The detention area then filters stormwater through small storm berms. The water then goes through the weir that would go to the existing culvert pipe that goes underneath Pond Street.
For the drainage to the rear – there's a culvert crossing for the drainage on the left to cross and be filtered through a treatment swale and then go into the natural wetland area and then head off to the northeast.
Other drainage from the cul-de-sac would drain toward the stormwater detention area in the back and that mitigates the increased runoff from this site in that storm water detention area, it has an outlet structure with a berm and a treatment swale to treat the water.
On the 3 Pond Street lots – there's an existing wetland area which the developer has stayed away from on his design and because of that location and the steepness of the slopes, the project was designed with one driveway access for these 3 lots. The driveway would start on Pond Street just before the culvert crossing and go up at no more than a 10% slope. The driveway would come off the 1st lot.
The wetland areas show 75' protective buffers, so houses can be built and not impact wetlands.
Most of the drainage that comes off the hill would come back toward pond street and the applicant has designed a stormwater detention area that picks up all the runoff from the edge of the street and has underdrains for the ditch line and cross pipes for the water that comes down the street to go into a sediment swale and into the stormwater detention area. The stormwater detention area holds and detains water during a storm and then slowly releases the water after the storm. Between storms that area would be basically dry.
Sheet 13 specifies the line of site distance for the accesses from Pond Street for the road and also for Pond Street.
Sheet 14 is for the fire cistern and it was submitted to the Fire Chief for his review. This is the same design as was used for Zoe Lane. The fire department has approved it and a letter from Chief Ingalls was provided.
West recommended that the Board take jurisdiction of the application.
White moved to take jurisdiction of the application for an 8-lot subdivision at 73 Pond Street. Second by Sousa. The motion carried 4-0-1 with Pettit recused.
Pettit explained that she stepped down because although she is not an abutter, her property is a few feet off the back of the subdivision.
The following abutters were in attendance: Patrick and Lisa Higgins, John and Julie Borgesi, Matthew and Vanessa Burrill, and Timothy Eaton.
Mr. Quintal proceeded to address comments from the town engineer.
1) Mr. Vignale was concerned about underdrains along the edge of the proposed road where there was a cut going through the slope. He was concerned about ground water, so underdrains in the ditch lines have been added to pick up the groundwater and drain it down to the detention basins. Mr. Vignale also wanted a note on the plans that says the town could request additional subsurface construction if necessary. The note has been added.
2) Mr. Vignale wanted the underdrain to be 4' deep and requested that the dimensions and type of stone and fabric be added to the detail. All have been addressed.
3) Mr. Vignale was concerned that with an 8% grade on the road, water would wash off and disturb the gravel on the edge of the pavement. He requested slope granite curb and subsurface drainage on that section of the road. Mr. Quintal didn't feel that was necessary on this short stretch of road. Granite curbing and subsurface drainage gives the town more that they have to maintain – more so than gravel at the edge of the road. Mr. Quintal didn't agree with the engineer on this point. The board needs to decide if they want those changes or want to discuss that more with the town engineer.
4) Mr. Vignale was concerned about the regulation that requires that 100 ft away from the road entrance, the road can be no more than 1% grade. In this case there is a 1% grade at about 45-50' from the entrance and at 100' there is a 4% grade. To comply with the 100' – 1% grade regulation would require more drastic cuts into the hill. The regulation says "if it's practical". Mr. Quintal said that in this case he didn't think that strict compliance is practical. To comply would require more slope disturbance. He said there is adequate room for stopping; this is a 20 mph roadway.
5) Mr. Vignale is concerned about swales on each side of the road and wanted more permanent erosion control material in those swales. Mr. Quintal specified North American green - a fabric that you put in the swales to minimize erosion. The fabric gets stapled down and stays in the root system to minimize erosion.
6) Mr. Vignale asked that the plan show specified signage. Mr. Quintal shows detail and locations on plan for signs.
7) Mr. Vignale was concerned about the slope on the common driveway and how they would control erosion. Mr. Quintal said North American Green will be used to minimize erosion.
8) Mr. Vignale wants common driveway details shown (width, materials, slopes and side slopes). Mr. Quintal has added them.
9) Mr. Vignale wanted to see site distances for the roadway and driveway on the plan. Mr. Quintal added a sheet to the plan and sent it to the engineer.
10) Mr. Vignale wanted to see the cistern design. Mr. Quintal submitted it with a letter from Chief Ingalls.
11) Mr. Vignale requested a specific general construction note be added. Mr. Quintal added the note.
12) Mr. Vignale said the easement for drainage on Mr. Perry's property must be reviewed. Mr. Perry sent in a letter asking what was going to be done. Mr. Quintal said grading, etc. has been shown on the plans. If there are any other modifications that the applicant can do during construction to make this more appealing, he'll do that. He could add small junipers or shrubs, but no major trees can be planted in the slopes of the stormwater detention areas.
Miles pointed out that there is a new e-mail from Mr. Perry. He wanted to know why the road was only about 30' from the left rear portion of his property (near the stone wall). Mr. Quintal said the stone wall will not be disturbed. He added that it makes more sense to give the abutter on the other side a little more room near his driveway for plowing and snow removal.
13) Addressed.
14) Addressed.
15) Addressed.
16) Clear access to the detention pond must be maintained. Addressed.
17) Culvert crossing to be lowered by 2 ft. Addressed.
18) Addressed.
19) Addressed, more details have been added.
20) Addressed.
Mr. Quintal then reviewed the Town Planner's comments.
1) Just a statement, no response.
2) Conservation subdivision was considered but grading and terrain made him go with this layout.
3) West asked that the shared driveway easement be straightened. Mr. Quintal said he designed it to avoid cutting into the slope. The Planning Board must determine if they want this change made.
4) Mr. Fitzgerald has met with the utility company. He will provide subsurface utilities from the existing pole to the new lots. He received a letter from Unitil stating that power will be adequate off the existing pole.
West wanted to clarify that the 3 existing poles will remain, then utilities will go underground from there. Mr. Quintal confirmed this.
5) Required stamps will be on the mylars.
6) Impact fees – note added.
7) Existing driveways have been shown.
8) The abutter's deed should be reviewed for the drainage easement. Mr. Quintal said a copy of the deed will be provided for Planning Board review.
9) Additional lines have been added for signatures.
Miles asked if any of the remaining items have not been done or if he took issue with any of them. Mr. Quintal said no. Miles asked if any abutters had comments.
John Borgesi, 20 overlook drive, had a question about drainage. The drainage from the cul-de-sac goes into the basin. Were the treatment swale and basin designed for a 25 year storm?
Mr. Quintal said he has calculations that go from a 2 year storm up to the 100 year storm.
He explained that he is creating berms and dry basins for a large amount of water to go into but with small outlet structures that will only allow a certain amount to come out. What engineers have to do is model this through computer programs so that post development flows match pre development flows that come off the site so there is no peak impact downstream from the run off.
West added that the rate of flow may not go up, but the amount of water could increase.
Mr. Quintal said that what the state is requiring engineers to do is factor in exfiltration or percolation of the stormwater into the ground. Not only does this minimize that extra runoff, but it also recharges the ground water and filters the water more. The water will have to filter through the stone berms giving it more time to percolate into the soil.
Timothy Eaton of 85 Pond Street asked about the shared driveway.
Mr. Quintal said the regulations require no more than a 10% slope on driveways. The plan proposes a wider access area and provides an area at bottom of driveway for cars to bypass each other.
Mr. Eaton said he is getting water damage off the hill.
Vanessa Burrill of 14 Overlook Drive asked: What is the earliest start date for construction? Mr. Fitzgerald said the first lots to be developed will probably be the lots on Pond Street.
Miles asked abutters to contact the Planning Board office if there are any questions or concerns about the development.
Pettit suggested a site walk. Miles said it would probably not be necessary at this time since there is a lot of information for the Board to review.
Quintal noted that they are waiting for state subdivision approval.
Miles said bonding for Pond Street needs to be discussed.
White moved to continue to the 4th Tuesday of April (April 28th). Second by Sousa. Motion carried 4-0-1 with Pettit recused.
8. Steven Ciambelli / Katherine Drive Subdivision bond reduction request: The Board reviewed a Performance Guarantee Reduction Request from KV Partners which was revised on March 19, 2009. The amount of the reduction was $31,894.50.
Charlie Zilch of SEC engineering was present to represent Dave Storey who is looking into purchasing the subdivision from Mr. Ciambelli. Mr. Zilch explained that once the subdivision is turned over to Mr. Storey, the existing bond can be reduced to zero and it will be replaced by a bond from Mr. Storey.
The current amount of Mr. Ciambelli's bond is $176,658.98. Several items have been completed totaling $31,984.50 leaving a remaining amount of $144,764.48.
Gibbs suggested withholding some amount for reclamation of the site if the sale falls through. Miles stated that there are issues with runoff from the site. If there are any problems with the sale, the site will need to be stabilized. Pettit stated that she wasn't sure that Mr. Vignale took that into account when doing the bond reduction. Mr. Zilch noted that all the silt fencing is in.
Gibbs said that a lot of the site has been disturbed. He said that when the sale goes through, Mr. Ciambelli can get his bond back.
White moved to continue the bond reduction request for Katherine Drive to the next meeting (April 14th). Second by Sousa. Motion carried unanimously.
9. Davlynn Development request for Town acceptance of Kenwood Drive and Storey Lane.
Charlie Zilch addressed the Board on behalf of Mr. Storey of Davlynn Development. Charlie noted that all of the necessary paperwork has been completed.
Motion by Pettit to send a memo to the Board of Selectmen recommending that the Town accept Kenwood Drive and Storey Lane as town roads. Second by Gibbs. Motion carried unanimously.
10. Targeted Block Grant update: Circuit Rider David West asked the Board to review the village center ordinance language for discussion at the next work session.
He also informed the Board that he has updated the maps and the Board can review them at the next work session. He reminded the Board that the TBG expires on June 30th. Miles said she wants to bring on members of the business community and others to work on this project. West added that members of the community may have input on allowed uses. Is the list comprehensive enough? Are there things we want to restrict?
11. Plan NH update: Miles said she contacted Plan NH to ask about the grant application. She said they received 10 applications and are considering working on 5 of them. Plan NH is working on putting their team together.
She also stated that she will be attending the next meeting of the Historical Society (April 13th, 7 PM at the Merrimac Savings Bank) to discuss the Plan NH application and invited other members to attend.
Miles discussed the importance of preserving historical structures. West said the board may want to review the maximum square footage allowed and Miles said the façade is more important than square footage.
12. Workforce Housing: West provided an analysis of the available workforce housing in town. He said that he narrowed the database down to about 1,530 total housing units. According to the workforce housing law, 46% of a town's housing units must be affordable according to state guidelines. At a 10% down payment, 219 units are "affordable" by definition; at 20% down, 365 are affordable. The town should have about 704.
White pointed out that as property values increase, even fewer units would qualify.
West said the town needs to move forward with a workforce housing ordinance, but that there is legislation in the works that will give towns more time to comply. There are a number of model ordinances that can be reviewed.
West reminded the Board that the law does not require a town to actually have its fair share of affordable units, rather it must provide in its ordinances a reasonable opportunity to build workforce housing.
West said he would like to do another analysis with more fields from the database. The Board will need to continue discussing this at the next work session.
13. Manifests / dispute KV Partners bill of $570 for Katherine Drive: There were no manifests for review.
The Board reviewed a bill from KV Partners for $570 for Katherine Drive. Mr. Ciambelli disputed the bill which was for investigation into the complaint about excess runoff filed by CBI.
Pettit noted that once Mr. Vignale completes his report it will be easier to determine who should pay for the review.
Gibbs moved to send Mr. Ciambelli a letter stating that the charge will stay on his bill until the engineer has finished reviewing the drainage issue. Second by White. Motion carried unanimously.
14. Election of Officers: Miles stated that Fred Gundersen (who was elected to the Board on March 10th but then passed away on March17th) was a tremendous addition to the Board. She said it is difficult for us to lose such a wonderful man and she extended the Board's condolences to his family.
She asked for input from the Board on how to find a replacement for Fred's seat. Pettit said the Board can appoint a member to serve until the next election. Miles said notices have been posted and sent to the newspaper asking for volunteers.
Pettit moved to re-appoint Mary Sousa to a 3 year term as an alternate. Second by White. Motion carried 4-0-1 with Sousa abstaining.
Former Board member, Kim Vaillant said she was interested in becoming an alternate and also in the 1 year appointment.
Pettit moved to appoint Kim Vaillant to a 3 year term as an alternate. Second by Gibbs. Motion carried unanimously.
Gibbs stated that he was concerned that the Selectmen's ex officio to the Planning Board was not always present at meetings.
Gibbs moved to have the Board of Selectmen appoint an alternate ex officio to attend Planning Board meetings when Mr. Thayer is not available to attend. Second by Pettit. Motion carried unanimously.
West noted that the alternate does not have to be on the Board of Selectmen. He will e-mail the rule to the secretary.
White nominated Miles as Chairperson of the Planning Board. Second by Gibbs. Motion carried 4-0-1 with Miles abstaining.
Gibbs nominated Doggett as Vice Chairman of the Planning Board. Second by Sousa. Motion carried unanimously.
The Board discussed the RPC commissioner terms. Mary Allen's term expires in May. The Board directed the secretary to contact Ms. Allen and Deb Finnigan to see if they wish to continue as RPC commissioners.
15. Request for clarification of ordinance concerning setbacks for Light Industrial properties:
Mr. Quintal Quintal addressed the Board. He asked about the recent changes to the zoning ordinance concerning setbacks in the light industrial zone. His client is considering putting up some buildings on lots which will require a reduction in the 200' setback requirement.
Mr. Quintal wanted to know what is acceptable to the Planning Board given the new zoning ordinance so that he can begin to do a design for the lot and plan where the buildings will go.
The Board reviewed the revised ordinance language.
West interpreted it as follow: the standard setback is 200', but the Board can require setbacks anywhere from 50' to 1,500' as appropriate. He suggested cleaning up this language next year.
White said that before any decision is made, abutters must be notified to allow them to present their concerns to the Board.
Pettit suggested doing a design review. It was pointed out that a design review is non-binding.
Miles said the Board should take into consideration how the Board of Appeals came to a decision to reduce the 200' setback at a recent hearing. She said the BOA looked at zoning regulations in area towns, most have 50' setback. West agreed.
Miles asked each board member how he or she wanted to proceed. West recommended holding a public hearing but waive all fees except abutter notices.
Vaillant agreed with West's suggestion. Sousa also agreed with West. Pettit agreed that a public hearing is needed. Mr. Quintal said he will bring in plans for 2 lots and do the public hearing for both at the same time.
16. Election Results: Barbara White asked about granting the easement for Bob White since the citizen's petition warrant article had passed. She informed the Board that the Board of Selectmen wanted the Planning Board to handle the issue since the warrant article names the Planning Board. She also stated that the Conservation Commission wants to do a site walk with the Planning Board before a decision is made.
Pettit asked: How can the Planning Board encumber town property without the permission of the Selectmen?
Gibbs suggested asking Mr. White to come in with the proper paperwork – permission from the Selectmen and an easement across town property. The Planning Board needs a letter from the Selectmen stating that Mr. White can go across that property and the Board also needs something from the homeowner saying that he can go across.
He said an easement can be granted if Mr. White comes back with the proper paperwork.
Gibbs also stated that the Planning Board needs something from the Conservation Commission saying that Mr. White can go down the Peanut Trail; same with the library – there are 2 properties there he would need permission to cross.
Pettit agreed saying that Mr. White has to bring in to the Planning Board easement paperwork for any one of the 3 accesses mentioned in the warrant.
Miles said she has asked for clarification from Town Counsel on what to do next. She said to bear in mind that the Fryers' lot has no frontage and has an easement over town property (town hall road). Mr. White's lot is right next to the Fryers'.
Barbara White noted that the Fryers said they didn't want Mr. White to have an easement to go across their land.
Miles noted that Conservation has issues with the site.
17. Copier Maintenance Agreement: The Board reviewed 2 quotes for a copier maintenance agreement. Gibbs asked if they got a quote from the business that the Police Department uses. Pettit said that the selectmen's office uses East Coast Office Machines and the Board will have to check with them before changing anything. Miles said to ask secretary to check with the PD and get a quote from their company.
18. E-mail from Chief Ingalls re: IRC Sprinkler Provision:
Pettit asked about the e-mail from Fire Chief Ingalls. In addition, a warrant article passed that changes what the town adheres to for fire protection for commercial businesses.
Miles asked that the secretary check with the State Fire Marshall's Office and how ask what the regulations are concerning fire sprinklers in all zones and for different size buildings.
19. Whispering Pines: White noted that the BOA denied the campground's expansion. Pettit added that Atty. Ryan is going to appeal.
20. Sargent Woods: Vaillant suggested having a discussion regarding Sargent Woods at the next meeting. Miles informed the Board that Mike Vignale is reviewing the property and determining what can & cannot be done with the bond money. Miles said perhaps a gate can be put across the entrance to keep people out since no-one lives there. Miles said it is not appropriate to finish the community center with bond money.
21. Adjourn: Miles adjourned the meeting at 10:01 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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