NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
July 13, 2010
1. Call to Order:
Chairman Jim Doggett called the meeting to order at 7:00 pm. In attendance were: Chairman Jim Doggett; Vice Chairman Barbara White; Planning Board members Frank Gibbs, Ann Miles and Kim Vaillant, and Alternate Rick Milner. Minutes were transcribed by Administrative Assistant Lisa Babcock.
Also in attendance: Brian Groth, Circuit Rider Planner
Doggett appointed Milner to stand in for Kim Pettit.
2. Lewis Builders – discussion regarding change in building design at Sargent Woods.
Vaillant recused herself at this time and left the table to take a seat in the audience.
Joshua Manning and Harold Morse of Lewis Builders were in attendance, Mr. Manning addressed the board. Mr. Manning handed out a packet showing pictures and floor layouts of the proposed building designs.
There are two building designs – ranch and split entry. Both designs call for 2 bedrooms, a maximum of 1800 square feet and both will meet all setback requirements.
Milner pointed out that the drawings show optional sliders for the basements. This would encourage homeowners to build finished rooms in the basements and increase living space.
Mr. Manning said that the building department would know that homeowners could not add additional living space to exceed 1800 square feet.
Doggett asked if the footprints of the buildings would increase from the original designs. Mr. Manning said the original plans called for four different building designs and the 2 designs proposed by Lewis Builders have overall smaller footprints.
Groth said the board should consider the aesthetics of using only two designs with so many units. Mr. Manning said there are two basic designs but they would be building mirror images and mixing up roof styles so the buildings will not all look the same.
Miles asked if there would be second floors on these buildings and emphasized that the maximum amount of living space allowed is 1800 square feet. Mr. Manning said there is no living space upstairs but that there is potential to finish a room in the basement. Doggett said that realtors might include the expansion potential in their marketing plans.
Groth asked if any of the units will be handicap accessible. Mr. Manning said they have accommodated people in the past who have requested this access.
Miles moved to send a memo to the building department that all buildings at Sargent Woods will have a maximum of 1800 sf of living space and not more than 2 bedrooms. Second by White. Motion carried 5-0-1 with Vaillant recused.
Miles asked Mr. Manning where they are in the project. He said they are working on Phase I which contains about 22 units.
Milner moved to approve the proposed housing styles as presented with a maximum of 1800 sf of living space including any finished basements. Second by Gibbs. Motion carried 5-0-1 with Vaillant recused.
Mr. Morse said he would like to offer the option of finished basements that may go over the 1800 sf. He said some towns do not consider a finished basement when calculating living space. Doggett said a change to the 1800 sf would require an amended site plan.
3. Letter from Lewis Builders re: NPREA billing 7/2/10 – The board decided to take this item out of order so it could be addressed with representatives from Lewis Builders present.
In the letter, attorney for Lewis Builders, Robert Levine, suggests that the board pay the NPREA balance which was outstanding from the previous owner of the project from the "line of credit funds retained by the town that were posted by Sargent Woods…"
Doggett said the board could approach this in one of two ways: forward the letter to the town's attorney and ask for comment, or recommend that the Board of Selectmen use the money drawn from the bond to reimburse the NPREA account.
Vaillant moved to send a memo to the Board of Selectmen requesting that they reimburse the NPREA account in the amount $7,768.32 from the money that was drawn from the bond posted by Sargent Woods LLC. The motion carried 5-1-0 with Milner opposed.
Doggett further suggested that the town's engineer be asked to provide an estimate of engineering fees for Phase I so that Lewis Builders can establish an escrow account.
4. Michael Linsky – discussion regarding Home Business/Home Occupation at 12 Pond Street.
Mr. Linsky was in attendance and addressed the board. He explained that he had been in front of the Board of Appeals recently regarding a garage he is building. The BOA learned that Mr. Linsky was operating a business from his home and suggested that he go to the Planning Board with that information.
Mr. Linsky said he sells watches and clocks via the internet from his home. He does not display any advertising nor does he have any customers come to his home. He is the only employee. He said he is building a garage and may use the second floor for storage for his business. Mr. Linsky said he feels the business qualifies as a home occupation according to the zoning ordinance.
Milner confirmed that he goes by Mr. Linsky's house often and that he has never detected any outside impact from the business.
Motion by Milner to approve a conditional use permit for a home occupation as described on the Home Based Business/Home Occupation Information Form dated June 16, 2010 for Michael Linsky at 12 Pond Street. Second by Miles. Motion carried unanimously.
5. 125 Development NH Corp. of Plaistow, NH continuation of a public hearing for an Earth Excavation Permit at Puzzle Lane. The property is referenced as Tax Map 14, Block 1, Lot 27-4.
Scott Frankiewicz and Coleman McDonough were in attendance. The Board reviewed a letter from town engineer, Mike Vignale dated July 13, 2010.
Milner asked about Mr. Vignale's comment "…the Excavation Plan will depict the same grades as the Reclamation Plan…" Mr. Frankiewicz said that because they are excavating the site in order to build on it, they will excavate out and then begin building at that same grade.
Milner noted that on comment # 2, Mr. Vignale pointed out that "a waiver is required to work within 6 feet of the SHWT per the regulations." Mr. Frankiewicz said he would provide that.
Jameson Fitzpatrick, an abutter to the property, asked what the impact would be on his well – regarding both water pressure and quality.
Mr. Frankiewicz said he did not anticipate any issues. The well most likely operates at depths of 300 up to 200 feet. Excavation will be occurring from 180 down to 150 feet. He also stated that the plans will show approximate locations for all existing septic systems and wells. He added that there will be no blasting.
Mr. Fitzpatrick asked if the berm will remain as a buffer between lot 27-4 and Walnut Farm Road. Mr. Frankiewicz said yes, there will be a vegetated buffer.
Doggett said he is concerned about the steep slope and its proximity to a residential neighborhood. He also noted that the tree buffer noted on the plans is not to scale. Mr. Frankiewicz said the tree buffer notation needs to be corrected; it is not shown in the correct place on the plans. He also stated that there will be a 50' no-cut zone between lot 27-4 and the Walnut Farm Road properties.
Milner asked if the comments from the Conservation Commission had been addressed. Mr. Frankiewicz said he has contacted the Conservation Commission and addressed their concerns.
Milner noted that there are discrepancies between the Alteration of Terrain application and the excavation plans. Mr. Frankiewicz said that is because the Alteration of Terrain covers both lots 27-3 and 27-4 whereas the excavation plan is only for lot 27-4.
Vaillant said that the Board is still waiting for the lot to be taken out of current use and for the taxes to be paid. Mr. Frankiewicz said that the town's assessor had forwarded a memo to the Board (June 8 meeting packet) stating that she is working on the current use issue and that it should not hold things up. Mr. McDonough said he met with Ms. Lewy months ago and has not received any bills yet.
Mr. Fitzpatrick asked what the stockpile areas were for on the plan. Mr. Frankiewicz said the areas indicate where material is to be stored until it is used. The materials will be used on-site.
Vaillant pointed out that in the memo from the Conservation Commission they questioned how much material will be removed and who will monitor that. Mr. Frankiewicz said the town engineer will monitor activity on the site.
Milner moved to continue the public hearing to July 27th. Second by Vaillant. Motion carried unanimously.
Gibbs asked about bonding. Mr. McDonough suggested that the town engineer determine the bond amount.
Miles enumerated the outstanding items: clean letter from the engineer, taxes/current use issue, bonding, and DES permitting.
6. 125 Development NH Corp. of Plaistow, NH requests a design review for a non-residential site plan at Puzzle Lane. The property is referenced as Tax Map 14, Block 1, Lot 27-4.
Chairman Doggett opened the public hearing for a design review for a site plan at Tax map 14, Block 1, Lot 27-4.
Doggett read the abutters list. Jameson Fitzpatrick of Walnut Farm Road was in attendance.
Mr. Frankiewicz addressed the board. He stated that the intent is to construct 4 buildings: #1 – 5,400 sf, #2 – 8,400 sf, #3 – 7,500 sf and # 4 – 100,750 sf.
He said that he has spoken to the fire chief about access around the building. According to Mr. Frankiewicz, he was told that firefighters must be able to access all sides of the building and people must have room to exit from the rear of the building, but it is not necessary for a truck to be able to go around the building.
Mr. Frankiewicz said each building would have its own drainage plan. He said they may do this in two phases which would require a change to the AOT plan.
White said that snow storage must be shown on the plans and snow must not be stored near the wetlands. Mr. Frankiewicz said he has not determined the snow storage areas yet but does not anticipate a problem.
Doggett said they would need to know the anticipated number of people that would occupy the buildings and what types of wells would be required. Mr. Frankiewicz said that would depend on the type of building – a storage or warehouse would not have a high occupancy. Doggett said sprinklers would also be required.
Mr. Fitzgerald had a number of questions which Mr. Frankiewicz answered:
- What is meant by "recharge on site"? There are new regulations that require that runoff be recharged into the ground water and not directed off site.
- With all the new wells to be drilled how will this affect my well? If there are a large number of occupants, a hydro study will be required. The state has strict regulations concerning wells.
- Does the planning board have any control over hours of operation and lighting? Doggett responded that the board does have control over these items and they will be discussed at future hearings.
- Why is the loading dock on the building #4 on the north side and not the south side of the building? If trucks are sitting for long periods of time while being loaded/unloaded they will not block the entrance to the building if they are sitting at the north side.
- What is the proposed height of the building? The maximum elevation is 35 feet.
- Will the roof be pitched and is the height measured at the peak? Yes, the roof will have some pitch and the peak will not exceed 35 feet.
Milner asked for clarification on what the back of the building will look like. Mr. Frankiewicz said there will be 8 feet between the back of the building and a 6 foot retaining wall then the slope.
Milner asked if a fence is proposed for the top of the slope. Mr. Frankiewicz said a vegetated buffer is proposed at this time. Doggett said the board will need to see detail on how the slope will be maintained and how erosion will be controlled.
White suggested providing a side profile of the building. Mr. Frankiewicz said that Mr. Vignale has already requested that.
Sandy Estabrook asked what will happen with the extra material on site. Doggett said that is part of the excavation permit application.
Mr. Fitzpatrick added that there are many small children that live on Walnut Farm Road which is uphill from the steep slope.
Doggett closed the hearing for a design review for 14-1-27-4.
7. Puzzle Lane – additional items:
- 27-1 Drainage Easement - The board reviewed language for the drainage easement for lot 27-1, Phase II and determined that it had been corrected and was ready to be recorded.
- 27-1 and 27-3 Phase II Mylars - Mylars had been received for 27-1, Phase II and 27-3, Phase II. Doggett said that the town's engineer should review the mylars to make sure they match the approved plans and upon his approval, will sign them.
- Site Plan Fees - Mr. Frankiewicz questioned the fees for the site plan for 27-4. They are in excess of $11,000. Vaillant said the fees are correct as calculated in Mr. Frankiewicz e-mail of 6/16/10.
Mr. Frankiewicz said he felt the fees were excessive for site plan review – there would also be additional fees for building inspections. He asked if it is possible to waive the fees. Vaillant said a waiver request can be submitted to the board for their consideration.
- Sarro/Paving Issue - The board reviewed a letter from Bruce Sarro dated 6/7/10 regarding paving at Puzzle Lane. Mr. McDonough said he has spoken to Mr. Sarro and they agreed that it was best to wait to complete the paving due to the ongoing construction and the resulting heavy vehicle traffic. He also added that by waiting to do the paving it could be done in one pass eliminating seams and reducing cost.
Vaillant moved to respond to Mr. Sarro's letter stating that the board discussed it with Mr. McDonough and understands that an agreement has been reached. Second by Gibbs. Motion carried unanimously.
- Sarro/Site Walk Request - The board reviewed an e-mail from Bruce Sarro dated 6/1/10 requesting that the board do a site walk at Puzzle Lane (lot 27-4) to review excess concrete, stumps and rebar. Doggett said the board will ask the town's engineer to look into this during his next site visit. Mr. McDonough said he would also speak to Mr. Sarro.
8. Town of Newton, NH continuation of a public hearing to review a proposed addition to the Newton Zoning Ordinance pertaining to Village District Zoning.
Groth read the Land Use Transportation Grant proposal outlining the scope of the project.
Motion by White to authorize the chair to sign the Land Use Transportation Grant and then to forward it to the Board of Selectmen for the chair's signature. Second by Milner. Motion carried unanimously.
Doggett said notices will be sent to abutters in the proposed Rowe's Corner district to invite them to attend the 7/27 meeting. Groth said that he and Glenn Greenwood will go over the village district concept and will invite financial experts to discuss the tax incentives.
White moved to continue the hearing to the July 27th work session. Second by Vaillant. Motion carried unanimously.
Groth departed at 8:50 pm.
9. Other Board Business:
White moved to accept the minutes of June 8, 2010 as written. Second by Gibbs. Motion carried unanimously.
White moved to authorize the Chair to sign the NPREA manifest dated 7/13/10 in the amount $3,490.07. Second by Vaillant. Motion carried unanimously.
Gibbs moved to authorize the Chair to sign the Operating Budget manifest dated 7/13/10 in the amount $6,356.30. Second by White. Motion carried unanimously.
- E-mail from C. Mastacouris – the board reviewed an e-mail dated 6/29 concerning 63 Peaslee Crossing Road. The board reviewed the Foy Lot Line Adjustment plans that showed the lot.
The board directed the secretary to respond to the e-mail indicating that more research needs to be done and to check minutes regarding the creation of the lot.
Vaillant moved to send a memo to the building department suggesting that they hold all building permits for 63 Peaslee Crossing until more research can be done to determine whether the lot is conforming or not. Second by White. Motion carried unanimously.
- Intent to Excavate – SPE Real Estate – The board reviewed the intent form. Gibbs said he thinks there are no changes to the site and the form is just to haul material off site.
Motion by Vaillant to send a letter to Mr. Early asking him to explain his intent. Second by Gibbs. Motion carried unanimously.
- Business Form for Rowe's Corner Market – The board reviewed the form submitted by the new owner. Doggett noted that the form submitted was a home business form but a commercial form is needed.
Doggett directed the secretary to send a commercial form to the new owner and ask him to fill it out for the board's records.
- Campaign Sign – The board discussed a large campaign sign on South Main Street. Vaillant said the sign violates the town's sign ordinance. Gibbs said it is just a temporary political sign. Doggett said it is too close to the road.
Vaillant moved to send a memo to the selectmen suggesting that they inform code enforcement that the sign is too large and should be replaced with a smaller sign. Second by Milner. Motion carried 5-1-0 with Gibbs opposed.
h. NPREA – Gibbs asked if there were any other overdue NPREA accounts. It was noted that Maplevale Builders has outstanding balances for Katherine Drive and Walnut Farm Road.
Motion by Vaillant to send a letter to Maplevale Builders informing them that they must pay all overdue balances. Second by Milner. Motion carried unanimously.
Doggett suggested discussing a policy for keeping developers on track with their NPREA accounts at the next meeting and directed the secretary to ask the town's engineer for his input.
10. Adjourn: The meeting was adjourned at 9:25 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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