NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
SEPTEMBER 22, 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, Frank Gibbs, Kim Vaillant; Ray Thayer, BOS ex officio, and Alternates Chuck Whitman, Mary Allen and Rick Milner. Minutes were transcribed by Administrative Assistant, Lisa Babcock.
Miles appointed Allen to stand in for Pettit.
Also in attendance: Brian Groth, Circuit Rider Planner.
2. Town of Newton, NH: Public Hearing for proposed amendments to the Subdivision Regulations, Site Plan Review Regulations and the Policies and Procedures Manual regarding excavation.
Miles opened the public hearing for proposed amendments to the regulations regarding excavation.
Groth lead a review of a draft of Regulations Governing Earth Excavations.
Groth pointed out that under Section III.P. the board needs to decide on a figure for the difference between minor topographical adjustment and major excavations. Mary Pinkham-Langer used the figure of 1,000 cubic yards because that is the amount at which the state tax kicks in.
Section V.B.2 exempts agriculture, silviculture, normal landscaping and minor topographical adjustment. This section also requires a figure at which the board would use its discretion to determine whether or not the excavation is incidental.
Section VI.C – this section may need to be removed as it applies to commercial operations which ceased prior to 1977 – the town does not have any operations that fall under this category. The Board determined that this section could be stricken.
Section VIII – Ms. Langer's comments indicate that this section applies only to grandfathered excavations, of which the town has none. Groth wanted to review the section before striking it. The Board discussed the need to keep this section.
Section XV – Application Procedures. Groth suggested reviewing this section against the town's existing regulations to make sure they are not contradictory.
Section XVI – Groth will review this section (Application Submission Items) as some items cannot be waived. There should be some notation that explains which items cannot be waived because of state laws.
Section XVII – Administration and Enforcement – The board must determine how long a permit should be valid for (6 years is offered as a suggestion) and when a permit is withdrawn if no substantial work is done (2 years is offered). Groth will check to see if an applicant can re-apply after the 6/2 year time frames.
Doggett stated that after 6 years of operation, a plan should probably be updated and re-submitted.
The Board discussed the 1,000 cubic yards figure at length. Groth suggested including a per-acre amount here (e.g. no more than 200 cubic yards per acre of land) – he will review other regulations to see how this is handled.
Doggett suggested removing the words "normal landscaping or minor topographical adjustment" from Section V.B.2. Milner was concerned that striking this would create confusion about what to do for cases involving normal landscaping and minor topographical adjustment. Groth suggested including clear definitions for both terms and adding the necessary language to the section.
Doggett was also concerned that in section VII.A a buffer was allowed to go to 10' when the regulations require a minimum of a 25' side buffer. Miles pointed out that the 10' buffer was not in reference to a structure.
Doggett suggested including a recommendation to attend a Technical Review Committee meeting under section XV.A.
Allen moved to accept the Regulations Governing Earth Excavations and to continue the public hearing to October 13th, 2009 for further corrections or amendments. Second by Gibbs. Motion carried unanimously.
3. Coleman McDonough, requests an extension on the conditional approval for a site plan at Tax Map 14, Block 1, Lot 27-1, Phase II.
The Board reviewed the Notice of Decision for the site plan. The items still outstanding are: drainage easement, waiver request for section 9.1, mylar and about $300 in outstanding NPREA fees. A clean letter from the town engineer had been received. Vaillant said that six months is enough time to have gotten these things done.
Vaillant moved to deny the request for an extension of the conditional approval for a site plan at Tax Map 14, Block 1, Lot 27-1, Phase II because the following items have not been received: drainage easement, waiver request, mylar and NPREA fees. Second by Allen. Motion carried unanimously.
4. Acceptance of Minutes:
Allen moved to accept the minutes of September 8th, 2009 as written. Second by White. Motion carried 6-0-1 with Vaillant abstaining.
Vaillant asked if the board had discussed the issue of subdivision within a subdivision when hearing the Sarah's Way subdivision at the previous meeting.
Doggett moved to place the issue of subdivision within a subdivision on the next meeting agenda. Second by Thayer. Motion carried unanimously.
5. Manifests:
Thayer moved to authorize the chair to sign the NPREA manifest dated 9/22/09 in the amount $364.32. Second by Doggett. Motion carried unanimously.
Doggett moved to authorize the chair to sign the Operating Budget manifest dated 9/22/09 in the amount $26.50. Second by Gibbs. Motion carried unanimously.
6. Plan NH Update:
Whitman updated the board: There is one Plan NH woman who will stay at the Carriage Barn overnight. There were also two men who needed a place to stay, Whitman will inform Robin LeBlanc that unfortunately the board cannot pay for lodging as it is not in the budget.
Whitman secured donations of coffee and cups. The Grange will supply cream, coffee makers and sugar. He also spoke to the fire chief and police chief and Father Michael from Mary Mother of the Church.
Groth will provide the village center maps and some overlay maps with the parcels. He will also provide smaller maps for the bus trip.
Miles asked the board members who would be available for the weekend. Most members were available for a good portion of one or both days.
Milner said he would take a look at the survey data – the secretary will forward it to him.
7. Change in Office Hours:
Allen moved to approve the requested change in office hours. Second by White. Motion carried unanimously.
8. Patriot Drive: Miles informed the board that the town had drawn down the bond on the advice of town counsel. There are a few outstanding items before the road can be accepted: deed for parcel A, NPREA fees must be paid and a 10% maintenance bond must be in place. Once these items have been received, the board can vote on whether to accept the road and forward the issue to the Board of Selectmen who will make the final decision regarding the bond money.
9. Fitzgerald/Pond Street: The Board was informed that Mr. Fitzgerald had begun work on the Pond Street subdivision known as Pond Knoll Estates. The board stated that a bond was not require for the work being done on the Pond Street lots, a bond will be required for Zena Lane. Mr. Fitzgerald should arrange for a pre-construction meeting with the town's engineer.
10. Sargent Woods: The Board was informed that some septic covers are broken near the community center at Sargent Woods. Thayer explained that the Board of Selectmen is aware of the problem and is handling it.
11. Adjourn: Miles adjourned the meeting at 9:36 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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