NEWTON PLANNING BOARD
MINUTES OF WORKSESSION
AUGUST 25, 2009
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; Planning Board members Barbara White, Kim Pettit and Kim Vaillant; and Alternates Rick Milner, Chuck Whitman and Mary Allen; and Ray Thayer, BOS ex officio. Minutes were transcribed by Administrative Assistant, Lisa Babcock.
Also in attendance: Mary Pinkham-Langer, Gravel Tax Appraiser, NH Dept. of Revenue Administration.
Miles appointed Allen to stand in for Gibbs.
2. Excavations: Mary Pinkham-Langer introduced herself to the board. She has worked with the Department of Revenue Administration for 23 years. Ms. Pinkham-Langer was in attendance to inform the board of its responsibilities concerning excavations.
Ms. Pinkham-Langer said that many towns are not aware of the legislation covering excavations. She also said that according to RSA 155-E, the Planning Board is the regulator of excavations on the local level.
A notice of intent to excavate is a tax document that is necessary for the removal of earth from a site. An alteration of terrain is required if the area to be disturbed is greater than 100,000 sf or the terrain is to be significantly altered. Ms. Pinkham-Langer pointed out that the notice of intent is a tax document, not an excavation permit.
Earth excavation begins with the Planning Board. Under RSA 155-E, towns can adopt regulations for excavations. Some questions to ask are: How many cubic yards are to be excavated? What is the duration of the project? How much area will be disturbed? The Planning Board can also set parameters such as hours of operation for the excavation and also address demolition debris and what constitutes incidental excavation.
Ms. Pinkham-Langer said that land in current use cannot be excavated. She suggested that the board put regulations in place stating that no excavations can take place before plans are submitted and permits are issued.
The Planning Board can request that the Code Enforcement Officer order a cease and desist or can seek an order from the Superior Court if excavation is taking place without approval and permits.
Pettit said that the town needs a permitting process. Ms. Pinkham-Langer said there are sample regulations on the OEP web site.
The Board decided to hold a public hearing on September 22nd to discuss adding excavation regulations to the Subdivision and Site Plan regulations. The Board will review sample regulations at the September 8th meeting.
The Board discussed ongoing excavations at Puzzle Lane.
Allen moved to send a letter to Mr. McDonough pointing out that recent cease and desist orders have been issued regarding excavation on lots 27-3 & 27-4, inform him that excavation cannot occur on land in current use, and that there will be a public hearing on September 22nd to adopt rules and regulations regarding excavations. Second by Pettit. Motion carried unanimously.
The letter will be reviewed by town counsel. Ms. Pinkham-Langer said that if the 2009 notice of intent to excavate forms were signed by the Board of Selectmen, then the cease and desist orders were lifted.
She also offered to review the regulations that the board develops.
3. Joseph Ferrandi / Road acceptance request for Patriot Drive: Mr. Ferrandi was present and he gave the board a mylar for the as-built plans for Patriot Drive. He said that he was working on the deeds and will be meeting with his attorney on Wednesday to record everything.
The secretary informed the board that there are outstanding NPREA fees in the amount $1,697. Mr. Ferrandi said that will have to be paid out of the bond money. There may also be additional bills from the town's attorney.
Allen informed Mr. Ferrandi that a maintenance bond of $17,226 (which is 10% of the original bond) will also be required.
In summary the following items are still outstanding: as-built must be recorded, outstanding NPREA fees must be paid, and deeds are required for Parcel A, Patriot Drive and the cistern.
4. Acceptance of Minutes:
Doggett moved to accept the minutes of 8/11/09 as written. Second by White. Motion carried unanimously.
5. Manifests:
There was no operating budget manifest.
Doggett moved to authorize the chair to sign the NPREA manifest dated 8/25/09 in the amount $945.60. Second by Thayer. Motion carried unanimously.
6. Plan NH Update:
Whitman said he received estimates from Grey Wolf Graphics for signs and banners.
Allen moved to purchase 20 signs at $18 each to advertise Plan NH. Second by White. Motion carried unanimously.
Whitman has also contacted Green Mountain Coffee and is waiting for a response. He is on the fire department's September 1. He has also contacted Mary Mother of the Church and will follow-up with them.
White secured a donation of food for the Friday luncheon from Rowe's Corner Market.
White and Thayer handed out flyers at the transfer station over the weekend.
Miles said she met with Pastor Jim Malkemes of Newton Junction Baptist Church. He will be distributing post cards and surveys with his monthly newsletter. She also got a bounce house.
Doggett spoke to Gail Sudduth, SRHS principal. She is working on getting some student groups together for volunteer work.
The secretary secured a bus for the bus tour and sent letters to area businesses and organizations. The Board members split up the business list for follow-up calls.
7. Adjourn:
Pettit moved to adjourn at 9:25 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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