NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORKSESSION
JUNE 9, 2009
1. Call to Order:
Chairperson Miles called the meeting to order at 7:02 pm. In attendance were: Chairperson Ann Miles; Vice Chairman Jim Doggett; Planning Board member Barbara White; Ray Thayer, BOS ex officio; and Alternates Rick Milner and Chuck Whitman. Minutes were transcribed by Administrative Assistant, Lisa Babcock.
Also in attendance: Circuit Rider Planner David West.
Miles appointed Whitman to stand in for Pettit and Milner to stand in for Gibbs.
2. Joseph R. Enaire, Public Hearing for a conditional use permit for an accessory apartment at 50 Pond Street. The property is referenced as Tax Map 5, Lot 4, Block 1.
Miles opened the public hearing.
Mr. Enaire addressed the Board. He said that due to health issues within his family he will not be building an accessory apartment as planned and will only be building a garage.
Miles said that unless the garage is over 1200 sf he does not have to appear before the Planning Board. Mr. Enaire said the garage will not be greater than 1200 sf.
The application was withdrawn and Miles closed the public hearing.
3. Acceptance of Minutes:
Doggett moved to accept the minutes of May 26, 2009 as written. Second by White. Motion carried unanimously.
4. Manifests:
Doggett moved to authorize the chair to sign the Operating Budget manifest dated 6/9/09 in the amount $126.79. Second by Thayer. Motion carried unanimously.
Doggett moved to authorize the chair to sign the NPREA manifest dated 6/9/09 in the amount $18.00. Second by White. Motion carried unanimously.
5. Plan NH Update: Whitman gave an update on the Plan NH charrette. He said that he contacted Robin LeBlanc and she has confirmed the July 7th date at 7:00 pm for the preliminary meeting. Both Ms. LeBlanc and Roger Hawk will be present.
Whitman said that the purpose of this meeting is for the transfer of information only, the Plan NH representatives will use the time to explain what will happen at the charrette and how to prepare. He said the meeting would last about 1 to 1½ hours. Whitman suggested inviting the department heads to the meeting but felt that extending special invitations to business leaders and citizens would not be necessary for this meeting as it is simply an informational meeting and no planning will take place.
Whitman said it would be helpful to bring photos and maps to the July 7th meeting.
Miles asked about the progress for the business leaders committee. Whitman said that he spoke to a few of the people on the list. They were reluctant to commit to meeting at this time. Whitman suggested putting together a survey to gather information before setting up a meeting. He said he would be willing to contact each business person to take the survey information.
Miles asked if there was an estimated value for the charrette. Doggett said Kingston's charrette was valued at around $25,000.
Miles asked West to put together a list of the reports he has prepared over the past year. The Board will review the information to determine what will be useful for the charrette. Doggett will review documents from the school such as the CIP. He also suggested looking at a book at the library from 1949.
Miles asked Pat Wonson (who was present) to forward any historical photos she has. Thayer suggested contacting Cheryl Saunders as well.
The secretary will inform the department heads and Historical Society of the July 7th meeting.
Planning Board member, Kim Vaillant arrived at 7:15 pm.
The Board discussed several individuals who will be invited to participate in the charrette: Wilton Avery, George Marshall, Gordon Cheney, Chester Bearce, Winnie Bearce, Ed Foy, Forrest Reynolds, Myrtle Rogers, Bill Hart, John Swasey, Marion Short, Mike Fortin and Colleen Jones (for the business list).
Whitman stated that the Board needs to be sure that the town is on board with this charrette so that it does not get withdrawn as happened in Kingston.
7. Robert White discussion regarding easement for lot 11-7-15-1. The following were present to discuss this issue: Robert White, Atty. JP Nadeau (present as a friend of Mr. White to speak on behalf of his petition), Conservation Chairman Peter Mears, Conservation Vice Chair Nancy Slombo, Conservation Member Pat Wonson, and abutter John Fryer.
Atty. Nadeau as if this was a public hearing. The secretary stated that the agenda for this item had been posted as required for a public meeting but this item was not otherwise noticed. West said he did not think a noticed hearing was required for this issue.
Atty. Nadeau distributed a letter from Mr. White's lawyer, Justin Nadeau dated 6/9/09. The letter states that Atty. Kalman's May 27th letter does not add any new information.
Atty. Nadeau said that the granting an easement over the Peanut Trail is the most reasonable of the three choices offered by the citizen's petition warrant article.
Atty. Nadeau said that granting Mr. White an easement to his property doesn't give him anything more than just that, an easement to his property. It doesn't make his property a buildable lot. If he wants to create a buildable lot, he will have to meet whatever regulations are required for a buildable lot, that's understood.
Atty. Nadeau said that one of the concerns of the Conservation Commission is disrupting conservation lands. The Peanut Trail is the least disruptive route; it is the shortest distance of the three choices.
Atty. Nadeau said that at one point the town voted to prohibit motorized vehicles from the Peanut Trail, but that's for recreational purposes. It was not intended to deprive a land owner access to his property. He said that the Peanut Trail seems to be the most reasonable choice, but the Board can also choose either behind the library or Town Hall Road, but the townspeople have asked the Board to choose by voting for the warrant article.
Ms. Wonson asked what type of access is being requested, what type of vehicle would be used. Atty. Nadeau said truck, car - typical access.
Ms. Slombo asked how long the easement would be. Atty. Nadeau said Mr. White is requesting access all the way to his land. Miles said the warrant article requests 100 feet down the Peanut Trail. Atty. Nadeau said the Board has the power to grant access to the property whatever the distance is.
Ms. Wonson pointed out that when Mr. White bought the property it was already land locked.
Mr. Mears said that the voters would have to rescind the earlier vote to prohibit motorized vehicles before Mr. White could be granted access via the Peanut Trail.
Atty. Nadeau said that even though the property is land locked, Mr. White still has a right to have access to it. He also said that granting Mr. White access does not negate the vote to prohibit motorized vehicles. Mr. Nadeau said if the Board is opposed to the use of the Peanut Trail, they should vote on another access point.
Miles said that the Planning Board felt that the Board of Selectmen had the authority to grant the access, not the Planning Board. But the Selectmen sent the issue back to the Planning Board for clarification. The Planning Board can submit a recommendation to the Selectmen who have the authority to make the final decision.
Miles said that the Board must also discuss the whole issue of what the voters are saying the Board should do and how that meets the concerns of Conservation and other groups in town.
Vaillant asked if the warrant article on the ballot said "be granted an easement determined by the Planning Board…" and the Planning Board supported it. Miles said that the Planning Board was working under the assumption that the Board of Selectmen would make the final decision.
Vaillant said that Atty. Kalman's letter states that the Planning Board doesn't have the authority to make a decision because the warrant article was directly contrary to another warrant article (#39).
Doggett said the Planning Board doesn't have the right to convey any town assets.
Vaillant also pointed out that Atty. Kalman's March 30th letter refers to RSA 41:14-c which says "only the town meeting can vote to grant an easement as requested in the petition article". She wanted to know if the town has adopted this RSA.
Doggett said the way the article is written, it gave the Planning Board the power to determine which of the three options to choose, but not to grant the easement.
Atty. Nadeau said the law says that it doesn't matter if an article is "in-artfully worded" it's the intent that matters. The town has given the authority to the Planning Board in this specific instance.
Milner said that by voting against article #39 (which proposed only the Peanut Trail) the voters removed the Peanut Trail as an option.
(Barbara) White disagreed stating that the voters said the Planning Board was to make the decision.
Vaillant said she was concerned about setting a bad precedent with this vote. She said that she is reluctant to recommend an easement over the Peanut Trail because the intent seems clear that the voters do not want motorized vehicles on the trail.
Miles said that in her opinion, every citizen who pays taxes should have access to his land. She said that the Board is only talking about an easement, not setting a deed to a driveway. The Board is only allowing access to a parcel of land and that is all they are doing.
Miles also said that handicapped people must be allowed access to the Peanut Trail, so motorized wheelchairs would of course be permitted.
Ms. Wonson pointed out that the taxes were probably low on this piece of property.
Thayer asked if any clearing of trees would occur. Mr. White said only dead trees would be removed. Thayer asked why Mr. White doesn't just continue using Town Hall Road as he has been doing.
Mr. Fryer said he does not want to grant a permanent right of way across his land. He is concerned about resale value and liability.
Vaillant asked how Mr. White currently accesses his land. Mr. White said he crosses Mr. Fryer's land now. Originally he used to go down the Peanut Trail, when he first bought the property.
Barbara White asked what the distance is to the property down the Peanut Trail. Mr. White said 250 to 400 feet.
The Board discussed the access from behind the library. Miles said that the Board could recommend access behind the library but Mr. White would have to get easements from private citizens – the Gallants and maybe the Standings. Mr. White said an easement is written into one of the previous deeds (1915) for the property.
Whitman asked if the easement carries forward by NH law.
Miles asked what the restraints are for using the library access. Mr. White said that there is a dumpster in the way and the easement through the Gallant property is unclear.
Miles asked Mr. White if he had any issues with the library access. Mr. White said he would have to clarify the easement that his deed refers to.
Whitman reviewed the three options in the warrant article – Off Town Hall Road is not an option because Mr. Fryer is opposed to it, the Peanut Trail is not an option because the voters rejected it in article 39, so the only option left is via the library.
Miles polled the rest of the Board:
Thayer said he would vote for the library access because the town voted to have no motorized vehicles on the Peanut Trial and the Fryers are against Town Hall Road.
Barbara White said the Peanut Trail is the shortest route. She would also consider the Library but prefers the Peanut Trail.
Doggett said the Peanut Trail is the cleanest solution. He questioned whether Mr. White's deed referred to the old library (now the Historical Society) or the new library property. He said the Planning Board cannot grant an access across the Gallant property. It is privately owned.
Both Whitman and Ms. Wonson suggested having a real estate lawyer review the issue.
Miles said the first option should be the library but if Mr. White can't get an easement over the Gallant property, then the Peanut Trail should be used. It was a railroad bed and therefore has a history of being used for motorized vehicles.
Miles said only Mr. White would have access over the Peanut Trail with a motorized vehicle. In this one particular case, this is the simplest and easiest way for this man to have access to his property.
Vaillant moved to send a memo to the selectmen to have them consider granting access to lot 11-7-15-1 to Mr. White from behind the Gale Library. Second by Whitman. Motion carried 4-3-0 with Barbara White, Doggett and Miles opposed.
Miles wanted the record to reflect that the Board is amenable to another solution if this one doesn't work out.
Doggett moved that the decision be sent to the selectmen in accordance with the 2009 Warrant. Second by Vaillant. Motion carried unanimously.
8. Cecilia Hart – discussion regarding apartments at 9A West Main Street. Ms. Hart said she purchased the home and barn on 9A West Main Street in 1994. The barn had 2 apartments that existed at the time. Ms. Hart is trying to sell the property but the town has not been able to locate records that verify that the apartments were approved.
Ms. Hart said she has a tax card from 1992. On the tax card it says that the house is over 200 years old. She said the barn was converted to 2 apartments in the early 70s. She said the tax card references a "converted barn +/- 20 years". Ms. Hart said the apartments were probably created around 1972. It also says the barn has "2 apartments, no town approval for 3rd apartment". She interpreted that to mean that the first 2 apartments were approved. Ms. Hart said she needs something in writing saying the apartments are approved.
Miles said the original zoning ordinance was adopted in 1973. She said if Ms. Hart has documentation that says the apartments were in existence before 1973 the Planning Board can say that the apartments are grandfathered.
Doggett moved to declare that the 2 apartments in the barn at 9A West Main Street are grandfathered having been in existence prior to March 6, 1973. White amended the motion to include: and being grandfathered the apartments are legal. Second by Thayer. Motion carried unanimously.
9. Circuit Rider Update:
- RFP for Digitized Tax Maps: West said that getting digitized tax maps will cost about $20-$25 per parcel. So the town is looking at a cost of at least $35,000. The RPC office cannot provide this service. West said he will look into having some firms come in to do presentations for the Board.
- Targeted Block Grant: Doggett is still working on one of the maps he will bring it in to the office. West has adjusted the TBG contract.
10. Other Board Business:
- Time Listings on Agendas: Doggett had requested this item be on the agenda because frequently the board has to wait to begin discussion of an agenda item because of the time restriction. West said Fremont does not use times and White said East Kingston has stopped using times as well. Miles said she preferred to keep the time listings on the agendas as they help keep the meeting moving along.
- SPE Real Estate and Puzzle Lane – Report from Mary Pinkham-Langer's of the Dept. of Revenue Administration: The Board will discuss this at the next meeting.
- BOA meeting for 6/16: Miles informed the Board that 125 Development Corp would be appearing before the Board of Appeals on 6/16 to request a waiver from the 200' setback for lot 27-4 which was imposed by the Planning Board where the property abuts Walnut Farm Road. She said a representative from the Planning Board should attend the meeting.
White moved to send a memo to the Board of Appeals and the Selectmen outlining the reasons that the setback was set at 200'. The reasons include: bright lights, noise, topography, numerous complaints to the police department and the fact that the setback was 200' when the buyers at Walnut Farm purchased their properties.
Second by Thayer. Motion carried unanimously.
- 5/26/09 Letter from the Conservation Commission re: Pond Knoll. The Board reviewed the letter and noted that the Conservation Commission is requesting that a base coat of paving be applied before building permits are issued for the subdivision. The letter will be forwarded to the project engineer and Todd Fitzgerald, however the Board cannot impose an additional condition since approval has already been granted for the project. White suggested sending a memo to the Conservation Commission so they will know that these requests must be received prior to approval.
- Planning Board Training Opportunity 6/25: The following members will attend the training session: Milner, White and Whitman. Doggett said he would check his schedule.
- Targeted Block Grant – next round of funding: The Board discussed several possibilities for the next TBG. West suggested updating a master plan chapter such as the housing chapter or writing a workforce housing ordinance. Doggett suggested doing an assets inventory. This will be discussed at the next meeting.
11. Adjourn: Doggett moved to adjourn at 9:26 pm. Second by White. Motion carried unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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