NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
NOVEMBER 24, 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 Frank Gibbs and Kim Vaillant; and Alternate Chuck Whitman. 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. Vice Chairman Doggett appointed Whitman to stand in for Pettit.
Dennis Quintal of Civil Construction Management addressed the Board. He reviewed the changes made to the plans as a result of the last public hearing. Mr. Quintal said for the turn-around area – the limit of town maintenance and the end of pavement is now shown as ending before the culvert. The note was added back to the plan about the maintenance beyond that point being the responsibility of the home owners.
Alternate Rick Milner arrived at 7:02 pm and was appointed to stand in for White.
Mr. Quintal noted that a letter had been received from the circuit rider dated November 23, 2009 stating that "the current plan meets Zoning and has obtained all applicable waivers…"
A letter had also been received from the town's engineer with one comment: "The proposed guardrail must extend past the drainage culverts as shown on previous submissions…" Mr. Quintal said he will show the guardrail on the plan although it will not be on the recorded page.
Mr. Quintal said he also received a copy of a letter listing a number of concerns from the abutters dated November 7, 2009. He addressed each numbered point on the letter.
1. "…this proposed new road…will open up the likelihood of a through road in the future…" Mr. Quintal said when the original Sarah's Way subdivision was done the planning board required that the developer not land-lock a piece of property so a right of way was included in the original plans in order to make an extension or a through road.
Vaillant asked who currently owns the right of way, Mr. Quintal said it is town property – it was deeded over to the town with Sarah's Way.
Mr. Quintal said there is no reason for this subdivision to show any further subdivision than what it is. However, in the future, a developer could purchase the property and an abutting property and create a roadway. Vaillant clarified by saying, currently the plan is not to create a through road, but it is feasible that it could happen in the future.
2. "…The land…included several recreation trails which have been used for at least 40 years…what will be the status of the right of way to the trails which pre-existed the original…development?"
Mr. Quintal said he did not know of any trail system that was created or of any documentation of trails on the property. He said he does not know of any deeded trails or right of ways. Mr. Quintal said neighbors could ask new owners if they could walk across the property to the recreation area, but this access should not be open to the general public. These lots are private lots. There is no intention of creating any type of public passageway through the lots.
Doggett added that there were trails through the property long ago, but that the property had always been privately owned.
Abutter Sheila Bergeron said the trials had been closed to the abutters the day after the abutter letter was written.
Abutter Andrew Bufano clarified by stating that in the past people had been allowed to cross over the property on the trails, but there had never been any type of formal agreement or deed. Doggett said that yes, the land had always been privately owned.
Vaillant said one of the things the Conservation Commission wants to do is connect conservation lands via a trail system. Mr. Quintal cautioned that trails that go through private property are prime areas for vandalism and open the town up to liability and maintenance issues.
Abutter Russell Lapierre asked where the 15 acres of conservation property is located and how does one gain access to it. Mr. Quintal said that there are 15 acres of open-space land associated with the Jacob's Village senior development. Gibbs added that it is intended for use by the condo owners only.
Ms. Bergeron said the abutters wanted to point out that one of the goals of Plan NH was to create a trail system and this is a good time for the board to start by looking at plans that come before them.
Doggett said that the town needs to have a trails committee and some rules in place before it starts asking developers for easements to trails. Vaillant pointed out that the town received trails at Walnut Farm Road. Gibbs said that was a much larger development (50 acres) compared to this 6 acre development.
Vaillant said that the board needs to look at plans as they come up and consider asking the developer for easements to begin connecting the conservation lands and developing a trail system.
Doggett pointed out that the town would have to ask for trail easements much earlier in the review process.
3. "A review of the proposed plan for the subdivision indicates that there would be substantial alteration of the existing natural drainage…" Mr. Quintal disagreed with the statement that the road needed to be built up – he said that is not the case – the existing grade will be dropped down. There will be no drastic fill.
4. "The land includes several steep slopes…Would this area all be leveled?" Mr. Quintal explained that this is why he went to such great lengths in designing the development as he did – to minimize the cuts, fills, impact and disturbance to the trees and wetlands.
5. "8.3.2.D of the subdivision regulations states: No portion of a lot created under these regulations shall be less than 75' in width…" Mr. Quintal stated that a waiver had been granted for the lot width issue.
6. "We encourage the board to require underground utilities…" Mr. Quintal said he believes there is a regulation requiring underground utilities and there is a statement on the plan indicating that the developer will comply with all local regulations.
7. "We would like to know under which category the waivers are being granted: extraordinary hardship, practical difficulties or unreasonable expense…" The waivers were granted so that the road could be designed in a way to minimize impact to the environment.
Mr. Bufano asked for clarification regarding the drainage questions. Mr. Quintal said that he is required to create a drainage report which is reviewed by the town's engineer and by the state because of the wetland crossing. The state issues the permit. The state permit has not yet been received.
Ms. Bergeron brought up concerns about drainage issues on Heath Street. Mr. Quintal determined that the lots in question would not be affected by this development since they are too far away from the site.
Ms. Bergeron said it is disconcerting that it is easy to grant waivers but it is too difficult to ask for a trail easement. Doggett said waivers are not uncommon but the town doesn't have the mechanisms in place to request trail easements. Whitman asked if Mr. Quintal would ask the developer about a trail easement. Mr. Quintal said he has already asked and it is not a feasible option.
Vaillant said she feels as though the board lost an opportunity with this property and that in the future the board needs to look at these types of issues as plans come in.
Doggett stated that there is a contradiction regarding one of the notes on the plan. The town maintenance ends before the culvert and the property owners' responsibility begins after the culvert – leaving the culvert itself out. Mr. Quintal said that the homeowners' responsibility will begin at the end of the pavement. The homeowners' responsibility begins where the town's responsibility ends. The town's responsibility ends at the end of the pavement.
Vaillant moved to do a site walk of the property at 9 Sarah's Way on Saturday, November 28th at 10:00 am and to inform the Conservation Commission of the site walk. Second by Whitman. Motion carried 4-1 with Gibbs opposed.
Whitman suggested that Mr. Quintal ask the developer if she will ask the buyers if they will be open to easements.
Vaillant moved to continue the public hearing to December 8, 2009. Second by Gibbs. Motion carried unanimously.
Miles came back to the table.
3. Glenn Greenwood, Rockingham Planning Commission: Mr. Greenwood was in attendance to discuss village zoning. He said that the previous circuit rider, David West, had put together a draft village zoning ordinance. Mr. Greenwood agreed that Newton was well situated for village zoning. He said there are two areas that would be well served by village zoning – Newton Junction and Rowe's Corner, although traffic issues will need to be addressed for this area. Mr. Greenwood said the draft version done by Mr. West needed to be more specific concerning things like setbacks and design standards.
He said that RPC had worked on a design standard for mixed use in the town of Greenland that the board should review.
Vaillant said during the Plan NH meetings the residents said they don't want change. She said she had done some research concerning village district zoning. If property is re-zoned then property owners will relinquish some of their individual property freedoms.
Mr. Greenwood said the board should not be trying to put something together regarding zoning for the 2010 warrant. Miles agreed saying the board recognizes that there is a lot of work to be done and wants to look at the recommendations of Plan NH.
Doggett said that historically, prior to zoning, there were many mixed use areas in Newton. After zoning, when properties changed hands, those with small businesses became residential only and many small businesses were lost.
Mr. Greenwood said one of the first steps is to determine what areas in town will be mixed use zones and the board needs to determine what it is they hope to accomplish and how that will be tied to the master plan. He said he would like to get some information to the board about types of village zoning in the area.
Vaillant said she does not want to have 108 completely re-zoned commercially. Mr. Greenwood said other towns have done that with main roads and it doesn't work well.
Mr. Greenwood said the ideal is to move away from Euclidian or straight district zoning and the more you can make your zoning live and breathe with the people in town the better off you'll be. That's the goal of village or mixed-use planning. By creating several types of residential zones and several kinds of commercial zones, towns are actually segregating the types of use even more and it doesn't make sense for the feel of a community.
Miles said the board is also interested in agricultural and low density zoning. Vaillant said the town should not restrict agricultural activity to an agricultural zone. Mr. Greenwood said the state has good agricultural laws (right to farm law) – the town must make a strong commitment to encourage agriculture within the town. Some ways to do that are to establish an agricultural commission and market day.
The discussion will be continued on December 8th.
4. Maplevale Builders / Walnut Farm Road Bond Reduction: Charlie Zilch of SEC & Associates was in attendance to represent Maplevale Builders.
Doggett moved to grant a bond reduction for the Walnut Farm Road Subdivision in the amount of $54,866. Second by Gibbs. Motion carried unanimously.
Mr. Zilch stated that monumentation was completed for the subdivision.
5. Plan NH Update: Groth said he spoke to Roger Hawk and was told that Newton's Plan NH book would be completed by the end of December. The board discussed how to present the information. Gibbs suggested doing it in conjunction with the deliberative session.
The secretary stated that Mr. Hawk had requested a list of people who attended the Friday meeting to be listed in the book. Whitman will work on the list.
6. Zoning Change: Groth proposed a change to the zoning ordinances which includes striking the definition of lot width and adding language to Section V, VII and XI which describes how to measure lot width on lots that abut the curved area of a cul-de-sac. The proposed changes are outlined in a memo from Groth dated 11/18/09.
Doggett moved to have the secretary prepare the language as proposed by Groth concerning lot width for the 2010 town warrant. Second by Milner. Motion carried unanimously.
7. Asset Inventory: Whitman will work on an asset inventory. Babcock will forward the list of town owned properties to him.
8. Acceptance of Minutes:
Some pages of the minutes were missing from the meeting packets, the board will vote on the minutes at the next meeting.
9. Manifests:
No invoices had been received since the last meeting.
10. Encumbered Funds:
Doggett moved to encumber $3,500 for the Targeted Block Grant matching funds. Second by Gibbs. Motion carried unanimously.
Doggett asked the secretary to check with RPC to make sure there are no outstanding invoices for the maps created or anything else.
11. Adjourn: Miles called the meeting adjourned at 9:43 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
| 
