NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
DECEMBER 29, 2009
1. Call to Order:
Vice Chairman Doggett called the meeting to order at 7:04 pm. In attendance were: Vice Chairman Jim Doggett; Planning Board members Kim Vaillant, Barbara White and Frank Gibbs; and Alternate Rick Milner. Minutes were transcribed by Administrative Assistant, Lisa Babcock.
Also in attendance: Todd Fitzgerald, Father and Son Realty Trust.
Doggett appointed Milner to stand in for Miles for the evening.
2. Town of Newton: Public hearing to review proposed amendments to the Town Zoning Ordinance pertaining to:
Definitions and Section V Residential A Zone Area Regulations, paragraph 2, Section VII Residential B Zone Area Regulations paragraph 2, and Section XI Commercial Zone Area Regulations paragraph 4 – all concerning measurement of lot width.
Doggett opened the public hearing for the proposed amendment to the zoning ordinances pertaining to measurement of lot width.
The article, which was proposed by the circuit rider, will eliminate the current definition of lot width and add the following statement: In a case in which the frontage is curved, such as along a cul-de-sac, the lot shall be a minimum of one hundred twenty-five (125) feet wide at all locations measured from a line tangent to the frontage curve in a continuous line back one hundred (100) feet toward the rear of the lot.
Gibbs moved to include the article on the Town Warrant as written. Second by White. Motion carried unanimously.
White moved to recommend the proposed ordinance concerning lot width. Second by Gibbs. Motion carried 5-0.
Doggett closed the public hearing at 7:08 pm.
3. Todd Fitzgerald: Request to address the Board regarding NPREA fees for Pond Knoll Estates.
Mr. Fitzgerald said that the mylar for the Pond Knoll subdivision was recorded on August 17th and that he was under the impression that the balance of the NPREA fund would be returned to him. He said he would have a pre-construction meeting before beginning construction on Zena Lane and would replenish the NPREA account at that time, based on an estimate from the Town's Engineer.
Mr. Fitzgerald had pulled the driveway permits and was working with the town's Road Agent on the 3 lots off Pond Street.
He said that he then received a call asking to arrange a meeting with the town's engineer to go over the site. He said he did not have a problem with that meeting. Mr. Fitzgerald said he met with the Town's Engineer in October at the site.
Vaillant asked if the Planning Board requested the pre-construction meeting. White said she recalled that the board had requested something as they were concerned about the steepness of the slopes and to make sure the site was stabilized for the winter. Mr. Fitzgerald said he agreed with that and explained the measures taken to stabilize the site and control erosion. Since there was little growth, the hill was hayed. The west side of the hill was also stoned with rip-rap.
Vaillant said she was unsure why the meeting was called. Any of the expenses coming out of the NPREA account should go before the board. Mr. Fitzgerald said he thought the meeting would be a one-time thing and has no problem paying for the first meeting, but does not feel the subsequent meetings were necessary. He said he disputes the second bill of $169 and some of the $299.20.
Vaillant said if the board did not approve the meeting, it should not have happened. She said she did not dispute that the engineer had been called and asked to go out to the site.
Doggett said that there was a requirement on the plans that both the road and driveway be paved early on. He also said he did not think the NPREA money should be refunded before the entire project was complete since the whole project was submitted as one phase on one set of plans.
Milner read from the minutes of 9/22…"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 required 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."
The Board reviewed the regulations and decided that the language needed to be clarified so developers would know exactly when NPREA fees are returned.
Vaillant said she did not have a problem with the town engineer going out to the site she had a problem with it if he had been told to go out to the site when the board had not voted on it.
Vaillant moved to refund $3,719.10 to Mr. Fitzgerald. The motion was not seconded.
Doggett said the board should be able to assume the engineer may go and make periodic visits to a site within reason and part of the pre-construction meeting is to schedule those visits. That needs to be added to the regulations and also when the NPREA account is to be refunded.
Vaillant moved to refund $3,250.14 to Mr. Fitzgerald from the NPREA account for Pond Knoll Estates and retain $468.96 until the invoices can be researched and to send a letter to Mr. Fitzgerald stating that before he starts work on Zena Lane, he must arrange for a pre-construction meeting and pay into the NPREA fund. Second by White. Motion carried unanimously.
White moved to send a memo to the building department that no permits should be issued for Zena Lane until a pre-construction meeting has been held and the NPREA account has been replenished. Second by Gibbs. Motion carried unanimously.
Gibbs said that if there are any problems with the driveways washing out, it will become a code enforcement issue.
Mr. Fitzgerald and the board then reviewed plans for 85 South Main Street. Mr. Fitzgerald said the fire chief had done some research on the use of the 2nd floor of the Hen House restaurant as a lounge and the state fire marshal had informed him that sprinklers are required. The owners of the Hen House are looking into pricing.
Mr. Fitzgerald had prepared a revised site plan it also shows the cell tower. Fire lanes, parking and handicapped ramps are shown. The plan also shows the businesses that are in the building.
Doggett said the town adopts life-safety codes as they become law because of the wording in the regulations. He also said that if and structure has not been occupied for a period of 2 years or more, the occupancy permit becomes void.
White asked if the septic system is noted on the plan. Mr. Fitzgerald said it is and it's a 2,840 gallons per day system. Doggett asked if there is a community well on the property.
Mr. Fitzgerald said he wasn't sure but he tests the well every 6 months and it is inspected by the state. Doggett asked the secretary to find the regulations on community wells and also when occupancy permits expire from disuse.
4. Maplevale Builders Bond reduction request for Katherine Drive:
Gibbs moved to approve a bond reduction in the amount of $7,687 leaving an amount of $35,418. Second by Milner. Motion carried unanimously.
Doggett said he was concerned about the old driveway that used to open onto Whittier Street being used again. He said that the plantings and boulders that were added to the property stopped just before the line of the driveway. He requested that the secretary send a letter to Mr. Storey asking him to add plantings and/or rocks to completely block off the old driveway to ensure that it does not get used again.
5. Plan NH Update:
The Board reviewed an e-mail from Robin LeBlanc dated 12/23/09 regarding study circles. Three people have signed up to participate in the study circle.
Doggett asked the secretary to contact Ms. LeBlanc to see if Saturday 10:00 am – 12:00 noon will work for her and if she wants to start in min-January.
If that time works for Ms. LeBlanc the secretary will contact the people interested in participating and advertise for more participants.
6. Minutes:
Gibbs moved to approve the minutes of 11/10/09, 11/24/09 and 12/8/09 as written. Second by White. Motion carried unanimously.
7. Manifests:
Gibbs moved to authorize the vice-chair to sign the Operating Budget manifest dated 12/29/09 in the amount $284.85. Second by White. Motion carried unanimously.
8. NH Economic Development Revitalization Zone:
The Board reviewed and e-mail from N. Wrigley indicating that an Economic Revitalization Zone Tax Credit has been awarded to Coleman McDonough for the Puzzle Lane property.
Gibbs moved to send a memo to the Board of Selectmen stating that to the best of the Planning Board's knowledge, there are hazardous materials on site at Puzzle Lane that needs to be cleaned up and that the Board does not recommend that any tax credit is granted for this property. Second by White. Motion carried unanimously.
The secretary will find the documentation about the tax credit and distribute it to the Board.
9. Targeted Block Grant:
The Board reviewed the revised Targeted Block Grant application submitted by Glenn Greenwood in the amount of $8,000. The Board noted that $3,500 had been encumbered to pay the required 50% match amount.
The Board instructed the secretary to contact Mr. Greenwood and have him reduce the amount of the grant from $8,000 to $7,000. Therefore the town will be granted $3,500 and contribute a match of $3,500.
10. Puzzle Lane – Excavation:
The secretary informed the Board that Mary Pinkham-Langer of the DRA had visited the Puzzle Lane site in December and noted that excavation is happening on lots 27-4 and a large section of 27-3 in areas where the property is listed as "in current use".
Ms. Langer said that there should be no excavation unless excavation permits are in place or a site plan is in place for the area. She said that 3 intent-to-excavate forms have been filed, but these are simply tax documents, not permits. She also stated that 3 wetland crossings have been approved and at least 100,000 square feet of area is disturbed.
The town's assessor, Andrea Lewy needs to know the status of the property so she can tax it correctly.
Gibbs said to send a letter to Ms. Lewy asking her to take both lots (27-3 and 27-4) completely out of current use and tax accordingly.
11. Circuit Rider Contract:
The Board reviewed the 2010 circuit rider contract from the Rockingham Planning Commission.
Gibbs requested that the secretary ask RPC for a breakdown of circuit rider hours for 2009 since the board was without a circuit rider for part of the year – a refund may be in order.
The secretary will also check the minutes to see how many meetings the board was without a circuit rider.
12. Bond Reduction for Kenwood Drive/Storey Lane:
The Board reviewed a letter from SEC & Associates indicating that SEC would be approaching the Board of Selectmen requesting a 50% reduction of the maintenance bond for Kenwood Drive/Storey Lane.
Gibbs said the road has been in place as least as long as Zoe Lane. The Board had no concerns about the requested bond reduction.
13. Discussion Regarding Equipment Purchase:
The secretary asked the board if a laptop computer and projector could be purchased with the remaining money in the equipment budget line. The computer could be used for: taking minutes at meetings, projecting documents for the audience to see and displaying PowerPoint presentations as needed.
Doggett said it would be a good idea to purchase the laptop with this year's budget and the projector with next year's budget. The secretary will do more research on the projector and see if the Selectmen would like to purchase it jointly.
Vaillant said she would research what type of laptop to purchase. The purchase will have to be made on 12/30 to be included in this year's budget.
Gibbs moved to expend up to $1,300 for a laptop computer for the Planning Board office. Second by White. Motion carried unanimously.
14. CBI – Dealer Desk Request from Department of Motor Vehicles:
The Board reviewed a request from CBI for a dealer plate to tow utility vehicles.
Gibbs moved to authorize the Vice Chairman to sign the Utility Dealer application for CBI. Second by Vaillant. Motion carried unanimously.
15. Adjourn: Vaillant adjourned the meeting at 9:08 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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