NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING
NOVEMBER 10, 2009
1. Call to Order:
Chairperson Miles called the meeting to order at 7:04 pm. In attendance were: Chairperson Ann Miles; Vice Chairman Jim Doggett; Planning Board members Kim Vaillant and Frank Gibbs; and Alternates Chuck Whitman and Rick Milner. Minutes were transcribed by Administrative Assistant, Lisa Babcock.
Also in attendance: Brian Groth, Circuit Rider Planner.
2. Ann McKillop Araki of Boise, ID: continuation of a public hearing for a 4-lot Subdivision and Roadway at 9 Sarah's Way, Newton. The property is referenced as Tax Map 10, Block 2, Lot 10-7.
Miles recused herself and left the table to take a seat in the audience. Vice Chairman Doggett appointed Whitman to stand in for Pettit and Milner to stand in for White.
Engineer Dennis Quintal was in attendance to represent the applicant. Ms. Araki was not present.
Mr. Quintal reviewed the waivers that had been granted at the previous meeting. He also noted that two additional waivers were brought up at the last meeting – one about lot width requirements and one about right of way width. He submitted those waivers to the board along with an updated set of plans and a detail of the cul-de-sac.
Mr. Quintal pointed out that the new plans show the T-arrangement at a 20' width in all areas.
Vaillant asked that the Board clarify for the record what criteria are used in granting the waivers. Doggett said the Board can only grant waivers for regulations. The Board cannot issue waivers for anything that appears in the ordinances. The Board has control over the regulations and has the ability to grant waivers because regulations are completely in the Board's purview of decision. Waivers are granted based on what the Board feels is in the best interest of the town.
Vaillant said a waiver was granted allowing the width of the pavement to be reduced to 20' based on concern for the environmental impact and Conservation's concern with the impact to the wetlands area. The Board also took into account the recommendations of the Fire Chief and Road Agent. She pointed out that it is important to have the criteria used in granting the waivers documented.
Concerning the new waiver requests, Doggett said that the Board generally does not act on paperwork that is handed in on the night of a meeting. He asked the other board members whether or not they wished to consider the waivers. Vaillant agreed that the Board should not look at paperwork that is handed in at the last minute. Gibbs said he was expecting these waivers based on the last meeting. Milner also stated that he was expecting the waivers.
Doggett pointed out that the note concerning the homeowners' responsibility for maintaining the culverts was left off the plans. Mr. Quintal said his whole idea for the plan is to minimize impact. After the last meeting he modified the design to increase the width of the pavement at the culvert to 20'. He said he understands the Board's wish to have the property owner maintain that portion of the road. But he said why would anyone want to comply with that when it is not in the regulations, and it's not really legally binding. He said it would very likely be appealed. He said he thought the Board might want to rescind that motion.
Vaillant said none of this was brought to the Board's attention at the last meeting. Mr. Quintal said at the time it was a reasonable request because of the narrowness of the road's original design – 14'. The Road Agent had stated he would not be able to maintain that portion of the road because it was too narrow. However now the road has been redesigned to be 20' wide – the argument no longer holds.
Doggett said he felt that the culvert needed to be maintained by the property owners because it serves two driveways.
Whitman said that one of the primary goals of the board is to treat all projects and all citizens fairly and equitably, and to administer the town ordinances and regulations consistently across the board. He said there is a roadway that is going to be a town road and if it's a town road then the town should maintain it. Maybe the town road should be ended prior to the culvert. That is where the town road ends and that is where the maintenance stops and then the driveways go across the culvert and maintenance is clearly the property owners' responsibility.
Vaillant said the town road will stop, then reduce the width to 14' and make it a driveway from there on. Whitman said make it a shared driveway. Gibbs said if the town road stops, then the culvert will be a driveway culvert and there will be no town maintenance. Doggett asked how the pavement would be narrowed after the road ends.
Vaillant said since the town's responsibility will end before the culvert, there will be no harm in keeping the note stating the homeowners will be responsible for year-round maintenance of the culvert.
Milner asked if there would be any problem having driveways extend that far into the ROW. Doggett said it is common to have driveways extend into the ROW.
Whitman moved to end the town road 5' before the proposed culverts as shown on the plan. Second by Vaillant. Motion carried unanimously.
Mr. Quintal said the guardrails will remain on the plans and will be the responsibility of the homeowners from the end of the town road on. A note will be added to the plan to show the limit of town maintenance.
The Board then reviewed the waivers. The first was for Appendix B:2.4. This applies to one section of the road in which the road does not have a minimum ROW of 50' due to the shape of the t-turn around. The design was implemented to minimize environmental impact.
Whitman moved to grant a waiver from Subdivision Regulation Appendix B:2.4 requiring Local Service roads to have a minimum ROW of 50' and allowing the centerline of roadway pavement to be less than 25' from the limit of the right of way in one area. Second by Gibbs. Motion carried unanimously.
The second waiver is for Subdivision Regulation 8.3.2.D prohibiting a portion of a lot from being less than 75' in width. Groth explained that the regulation is intended to prevent long finger-like configurations of lots. Doggett added that the regulation prevents the addition of odd shaped portions of land in order to get the minimum square footage. Groth said the configuration of these lots does not violate the intent of that regulation.
Vaillant moved to grant a waiver from Subdivision Regulation 8.3.2.D which prohibits any portion of a lot from being less than 75' in width and allowing a lot width of no less than 50'. Second by Gibbs. Motion carried unanimously.
Doggett asked if there were any other comments. Vaillant pointed out that a comment letter had been received that day from some abutters. Doggett said the board would review the letter at the next meeting.
Doggett asked if any of the abutters wanted to comment. The abutters declined.
Whitman moved to continue the public hearing to November 24th, 2009. Second by Gibbs. Motion carried unanimously, with Miles recused.
Miles came back to the table.
3. Maplevale Builders / Walnut Farm Road Bond Reduction:
The Board reviewed the bond paperwork and a letter from KV Partners dated November 5, 2009. In the letter, Mr. Vignale notes that the as-built plans have not been received yet.
Doggett moved to send a letter to the applicant stating that the board will review the bond reduction request at the November 24th meeting if the as-built plans have been received. Second by Gibbs. Motion carried unanimously.
4. Plan NH
Miles informed the Board that she met with the Conservation and Recreation Commissions about forming a standing trails committee. Several members expressed interest in joining the committee. Doggett reminded the members that a quorum of the planning board should not be represented on the trails committee. The idea for the trails committee will be brought before the Board of Selectmen for final approval.
Miles also said that Robin LeBlanc of Plan NH was interested in doing a Study Circle with residents to review the book "The Natural Step for Communities". An article will be put in the paper to recruit volunteers.
5. Zoning Ordinance Changes for 2010
The Board decided to review the CIP at the next work session. The Board also discussed several zoning ordinance issues that they would like to review at the work session for possible inclusion on the town warrant for 2010.
Doggett said the board should focus on doing an asset inventory and add it to the Master Plan. The Board also expressed interest in reviewing the survey information from Plan NH.
The Board discussed the overall zoning issue. Miles stated that the town needs to fix the zoning issues so that growth can be managed properly. Vaillant cautioned the board to listen to the wishes of the residents when making decisions concerning zoning.
6. Acceptance of Minutes:
Vaillant requested that the last paragraph on page 4 of the 10/27/09 minutes be changed to read as follows: "She said at some point either the planning board or building department had given permission for the business. And now she is questioning why the board's telling the owner that the entire building has to be reviewed and is questioning the wells and septic."
Vaillant moved to accept the minutes of October 27, 2009 as amended above. Second by Doggett. Motion carried unanimously.
7. Manifests:
Doggett moved to authorize the chair to sign the NPREA manifest dated 11/10/09 in the amount $35.00. Second by Gibbs. Motion carried unanimously.
8. Other Board Business:
- The secretary informed the board that Fire Chief Bill Ingalls had left a phone message on 11/10 stating that he had serious concerns about the sprinkler system at #6 Puzzle Lane. The sprinkler system had been shut off and needs to be repair. He wants to know who is responsible for the repairs and is seeking direction from the board.
The Board said the best course of action would be to contact the Board of Selectmen and have them inform the Code Enforcement Officer of the situation.
- The Board reviewed some upcoming RPC workshops. The following members will attend: Whitman, Vaillant, and Miles. Milner said he will attend a workshop if he can. The secretary will contact RPC and make the reservations.
- Vaillant mentioned that in the minutes of the previous meeting there was a statement indicating that it is not necessary for an applicant to get a denial from the planning board before going to the board of appeals. She said she thought that was incorrect. Miles said the board will ask town counsel to explain what is necessary concerning denials and the board of appeals.
9. Adjourn: Miles adjourned the meeting at 9:13 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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