NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORKSESSION
MAY 12, 2009
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, Barbara White and Kim Vaillant; Ray Thayer, BOS ex officio; and Alternates Rick Milner and Chuck Whitman. Minutes were transcribed by Administrative Assistant, Lisa Babcock.
Also in attendance: Circuit Rider Planner David West; Conservation Commission Chairman Peter Mears; Conservation Commission Member Nancy Slombo; Engineer Dennis Quintal; Atty. JP Nadeau; and residents John and Susan Fryer and Bob White.
Miles appointed Whitman to stand in for Pettit.
2. Father & Son Realty Trust of Newton, NH continuation of 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.
Mr. Quintal addressed the Board. He stated that at the previous meeting he made an error in presenting one of the waiver requests. At the previous meeting Mr. Quintal requested a waiver for an 8% grade on the roadway. This was unnecessary because the subdivision regulations allow an 8% grade on the roadway.
Mr. Quintal meant to request a waiver allowing a driveway entrance grade to be as much as 10% for the shared driveway on lots 12-3, 12-4 and 12-5. This waiver request had been submitted correctly with the application but misstated at the meeting.
It would cause more disturbance to the area to cut into the slope to reduce the driveway grade. Mr. Quintal designed the driveway to minimize disturbance.
Vaillant moved to grant a waiver allowing a driveway entrance grade to be as much as 10% for the shared driveway on lots 12-3, 12-4 and 12-5. Second by White. Motion carried 6-0-1 with Gibbs abstaining.
Doggett moved to close the public hearing for the 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. Second by White. Motion carried with 6-0-1 with Gibbs abstaining.
3. Acceptance of Minutes:
Doggett moved to accept the minutes of April 14, 2009 and April 28, 2009 as written. Second by Gibbs. Motion carried unanimously.
4. Manifests:
Doggett moved to authorize the chair to sign the NPREA manifest dated 5/12/09 in the amount $893.17. Second by Thayer. Motion carried unanimously.
Doggett moved to authorize the chair to sign the Operating Budget manifest dated 4/14/09 in the amount $82.00. Second by Thayer. Motion carried unanimously.
5. DMV Motorcycle Inspection Request for Gordon & Sons, Inc.
The Board reviewed an application to the DMV for a permit for state inspections for motorcycles at 90 South Main Street. There is currently an auto inspection and car dealer at the location. The secretary informed the board that owner Dale Gordon stated that the business has been in operation since the 1960s.
Doggett moved to authorize the chair to sign the application to permit motorcycle inspections at 90 South Main Street. Second by White. Motion carried unanimously.
6. Drainage Complaint – Katherine Drive: The Board reviewed a letter from KV Partners dated May 5, 2009 in which Mike Vignale discussed his assessment of the problem and made several recommendations.
Miles gave the Board some background – two building permits were taken out for houses on Katherine Drive. No work was done on the drainage or the road. The sites were accessed via the existing driveway. It was fine as long as there was no rain but there has been enough rain that Miles asked Mr. Vignale to go out and look at the site again. The secretary also asked the building department not to issue any more building permits until the complaint from CBI could be addressed.
There are two houses going up but nothing else will happen until the basic drainage is in place and the road gravel is solid.
Vaillant asked if there was some agreement that a stable road had to be in place before building permits were issued. Miles said there was nothing on the plan but moving forward, all sites should have the drainage stabilized and in place and
some kind of road down before the building permits are issued. The building department is working with the Board on that.
The Katherine Drive developers have been putting the drainage in and they have started compacting the road.
The secretary asked about the invoices received from KV Partners for his work in conjunction with the complaint. Miles said Mr. Storey should be billed for that. The secretary pointed out that one of the invoices was for a time period prior to when Mr. Storey owned the property.
Doggett said part of the problem was that a 12" drainage pipe near the cemetery was plugged. Gibbs said the state is responsible for that pipe.
Ms. Slombo said the Katherine Drive subdivision is flooding CBI out. Doggett said maybe if the pipe were clear, the water would have somewhere to go.
Ms. Slombo said more water is coming from Katherine Drive onto Whittier Street. It is not draining toward the back of the lot. Mr. Mears said that the road agent has cleared the pipe and it is draining properly now. But he said water in that area will continue to be an issue until proper drainage is put in.
Mr. Mears said he thinks a culvert should be put in under Whittier Street. There is a culvert there now but it's an old one and it can't handle the volume.
Doggett pointed out that Mr. Vignale's letter states "Once construction is completed in accordance with the approved plans, the peak rate of runoff will be fully mitigated."
Gibbs said too much of the site is disturbed. Miles said that's why it needs to be stabilized. The Board agreed to send the bills to Mr. Storey and if there is a problem with that to pay them from the operating budget.
7. Robert White discussion regarding easement for lot 11-7-15-1. Atty. Nadeau addressed the Board on behalf of Mr. White. He said he and Mr. White would like to see the Planning Board propose the grant of an easement over the Peanut Trail as it is the most direct route and the least obtrusive to the town.
He said the intent of the voters is to give an easement to this land.
Gibbs said he thinks Mr. White is addressing the wrong board. Only the selectmen can grant an easement.
Atty. Nadeau said he disagrees and referred to his letter of April 16, 2009. He said the town meeting is the governing board. When the town voters present a warrant article the board that they direct is to do their will. He said he had attended a recent Selectmen's meeting and they said they are leaving this up to the Planning Board.
Gibbs said the Planning Board doesn't have power over granting land. Mr. Nadeau said he believes the Planning Board does have the power and the town voters gave the Board that power. We're not discussing acquiring or selling land, it's just granting an easement. The Planning Board is the governing board over land and does have the power to give an easement.
Doggett said the Board has received a letter from the town's attorney saying the Planning Board has no authority to grant an easement. He said the only land that the Planning Board could recommend any easement over is the Peanut Trail because the other options presented are at least in part privately owned land and the Planning Board has no power to grant an easement over private property.
Thayer said that previously the town voted to prohibit motorized vehicles on that part of the Peanut Trail. Gibbs said that's a recreational trail which is governed by the Recreation Department.
Mr. Mears reiterated that there was a town vote to prohibit motorized vehicles from that portion of the Peanut Trail. Ms. Slombo said Mr. White would have to wait until next year to try to rescind that vote (to prohibit motorized vehicles).
Vaillant said the Planning Board needs to go back to the town attorney and get some advice on Atty. Nadeau's interpretation of this issue.
Atty. Nadeau said the Board has the authority to grant access and an obligation to do it because the town's voters empowered them to do that.
Miles said the Board's intent at the time (of the public hearing for the warrant article) was to say that the Board was not affording Mr. White a buildable lot by the exercise of granting him an easement to his property. The Board was trying to grant an easement so that he could have access to it.
Attorney Kalman arrived at 7:32 PM. He was looking for the Board of Appeals meeting and did not have time to address the Planning Board. He was given a copy of Atty. Nadeau's letter for review.
Miles said the Board has said consistently throughout this process stated that the Planning Board is looking at access only, not at providing a buildable lot for Mr. White.
Mr. Mears asked if someone applied for a tax abatement because he has a non-buildable lot, can he renege on that?
Mr. Nadeau said that if someone received a tax abatement it doesn't mean that he cannot change the status of his land at a later date.
Thayer said that Mr. White does have access right now via Town Hall Road. Miles asked abutters Mr. and Ms. Fryer if they had any comments, they did not.
Miles said the Board will wait for Atty. Kalman's response to Atty. Nadeau's letter and will revisit the issue when more information is obtained.
Atty. Nadeau and the Conservation Commission will be notified when the Board plans to discuss the issue again.
8. Targeted Block Grant: The Board worked on reviewing and updating maps for the Targeted Block Grant.
West reminded the Board that time for the grant runs out on June 30th. He asked what the Board wanted him to focus on by the deadline. Miles suggested working on the maps so that the town can provide a good presentation for the Plan NH charrette.
Doggett said the final maps should be on mylar so they can be overlaid.
West suggested that the Board consider doing a TBG for workforce housing.
9. Plan NH – Update: Whitman gave an update on the Plan NH charrette. He said Newton's charrette will be in September or October 2009 and our contact person is Roger Hawk.
Whitman said that Plan NH has requested potential dates for a preliminary meeting to be held in the summer. The fee will be due at this time.
The Board decided to arrange for a meeting during July 15th – 25th. Whitman will firm up the date with Plan NH.
Whitman said we also need maps and old photos. Mr. Mears suggested contacting the Historical Society and the Foy family for old photos.
Miles said all department heads should be invited to the meeting as well as David West, Nancy Wrigley, the Historical Society and members of the public.
Whitman said he is also working on getting a business group together.
Vaillant said it will be important to review the master plan survey. There was a heavy emphasis on maintaining the town's rural character and the Board must respect the wishes of the people. The Board will look at the survey at the next meeting.
10. OEP Annual Zoning and Planning Conference:
White and Babcock attended the OEP conference. White briefed the Board on the legal update workshop.
11. S&R Intent to Excavate:
The Board reviewed the Intent to Excavate form submitted by Steven Early. Doggett said the form was incomplete. He said he did not know if it was appropriate to use the form as a "blanket application" that the applicant filed just in case he needed to do some excavation.
Doggett said to have the Selectmen request that the form is fully filled out and to provide the selectmen with the conditions of the S&R site plan approval.
12. Sargent Woods:
Babcock informed the Board that the Selectmen had requested and received a draw-down on the Sargent Woods letters of credit. The Board suggested sending a bill to the Selectmen for any outstanding NPREA fees.
13. Adjourn: Miles adjourned the meeting at 9:21 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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