NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
FEBRUARY 9, 2010
1. Call to Order:
Chairperson Ann Miles called the meeting to order at 7:04 pm. In attendance were: Chairperson Ann Miles; Vice Chairman Jim Doggett; Planning Board members Barbara White and Frank Gibbs; and Alternate Rick Milner. Minutes were transcribed by Administrative Assistant Lisa Babcock.
Also in attendance: Circuit Rider Planner Brian Groth, Fire Chief Bill Ingalls, and Glenn Greenwood of the Rockingham Planning Commission.
Miles appointed Milner to stand in for Pettit for the evening.
2. David Morgan of Newton, NH requests a public hearing for a Home Based Business (firearms dealer) at 7 Valley Drive, Newton. The property is referenced as Tax Map 4, Block 5, Lot 14-18.
Miles opened the public hearing for David Morgan for a home based business at 7 Valley Drive.
Mr. Morgan was in attendance and addressed the board. Mr. Morgan said he owned and operated Dave's Sporting Goods in Plaistow, NH for about 15 years. He sold the business in April 2009. He planned to maintain his federal firearms license to supply some of his former customers and friends and also to attend about 3 gun shows in New Hampshire per year.
He said that he deals with military firearms and handguns. He has had 18 sales in his home by appointment since April 2009 and also attended 2 trade shows.
He said that he also does internet sales on an auction web site that specializes in firearms and firearms accessories. He has done 33 internet transactions, 32 of which were with out of state federally licensed firearms dealers.
White noted that a letter Mr. Morgan had sent to his neighbors stated that he would not display any signage, but his home base business application indicates that there is 7.5" x 9.5" sign. Mr. Morgan said he originally displayed the small "Dave's Sporting Goods" sign in a garage window, but has removed it.
Miles said she is concerned about storage of ammunition and storage of large amounts of handguns and rifles. Mr. Morgan said he uses his basement and garage for storage. Ammunition is stored in GI steel ammunition cans or in factory boxes; he stated that ammunition sales is not a large part of his business. The guns are stored in the factory boxes. Milner asked if he uses a safe for storage. Mr. Morgan said he has a safe for his own collection only. He said that his house is alarmed.
Chief Ingalls addressed the board stating that he supports Mr. Morgan's effort to run this business. He said he does not see a problem with it.
Doggett pointed out that at the last meeting with Mr. Morgan, the board discussed the possibility of issuing a 2-year conditional use permit and then reviewing the business after 2-years to see how successful the business has been and to make sure there haven't been any problems.
Doggett moved to issue a conditional use permit for a home based business that would expire March 1, 2012. Second by White. The motion carried 3 to 2 with Doggett, White and Miles in favor and Gibbs and Milner opposed.
Gibbs asked what the difference is between this business and the one near Gould's Hill that the board wouldn't let him park a truck in his yard.
Miles said she would have problems with Mr. Morgan's proposal if any of the abutters were in attendance. However, the abutters have been notified and have not come forward with concerns.
Doggett pointed out in the business that Gibbs was asking about, the vehicle exceeded the tonnage that is allowed by the zoning ordinances. Miles said was concerned about the outward appearance of that property and the impact it has on the abutters. So the outside of the landscaping business looks very different from a home that has no signage and no traffic.
Miles asked Mr. Morgan to confirm that his business will not have a lot of people coming and going – according to his statements, he has averaged fewer than 2 customers at his home per month. Mr. Morgan said he cannot have a lot of traffic in and out of his house because of the agreement he has with the person who bought his business in Plaistow. The agreement doesn't allow him to compete with the business in Plaistow and also describes his home business as small scale. He said he does not advertise, he does not display anything, and 99% of his sales are to people he already knows.
White asked if Mr. Morgan's business is approved for 2 years, will he be required to come before the board in 2 years and pay all the fees again.
Doggett said he wouldn't have to repay the fees, but he would have to come back before the board. He said in 2 years, the board will follow up and see how many sales have been made, if there have been any problems, and if the Chief of Police still has concerns about the business.
Doggett amended his prior motion to add "without fee to the applicant".
White moved to reconsider the amended motion. Second by Doggett. Discussion: Milner said that he places a lot of weight on the Police Chief's concerns and is uncomfortable with the nature of the business. Motion to reconsider carries unanimously.
Doggett moved to grant a conditional use permit for a home based business that will expire on March 12, 2012 at which time the business will be re-reviewed and the applicant will not be required to pay additional fees. Second by Milner. Motion failed 2-3 with Miles and Doggett in favor and White, Gibbs and Milner opposed.
The board advised Mr. Morgan to seek relief through the Board of Appeals.
White said that her intent was not to vote against the business but to vote against the stipulation that Mr. Morgan has to come before the board again in 2 years.
White moved to reconsider the motion. Second by Doggett. Motion to reconsider carried unanimously.
Doggett explained that as part of the board's due diligence, Mr. Morgan should appear before the board in 2 years so they can review the business just to be sure there has not been any problems.
Doggett moved to issue a conditional use permit for the home based business for David Morgan at 7 Valley Drive (Tax Map 4, Block 5, Lot 14-18) as described in the minutes and on the Home Based Business Information Form dated 11/4/2009. The conditional use permit shall expire on March 1, 2012 at which time the business will be subject to review by the Planning Board without fee to the applicant. Second by White. Motion carried 3-2 with Doggett, Miles and White in favor and Milner and Gibbs opposed.
Miles closed the public hearing for a home based business at 7 Valley Drive.
3. Glenn Greenwood / Rockingham Planning Commission:
Mr. Greenwood distributed a time line for work on Multi-Use Zoning. He said that all of the items on the time line are funded through the Targeted Block Grant that the town has with RPC. All of the items on the time line can be completed by the end of June, but the project won't be completed by then. The board will still have to work on an outreach effort to prepare for the 2011 town meeting. Mr. Greenwood explained that there are funds available through RPC for outreach activities, but he recommends using transportation funds because transportation funds only require a 20% match from the town.
Mr. Greenwood said the board should focus on refining the zoning standards for the proposed districts over the next month and a half. He said this work will continue even through the meetings with the property owners in the districts as they will want to have input into the zoning ordinance. He suggested that the board meet with property owners a few times before finalizing the language for the zoning ordinance. Mr. Greenwood suggested establishing a subcommittee to work on the project.
The board disagreed on this point and said they preferred to work on the project with the full board during regular Planning Board meetings.
Miles pointed out that there are design standards in the zoning ordinances. She said the board might not want to micromanage the landscape and design standards. White suggested listing things the board does not want to see rather than what it does want. Mr. Greenwood said RPC would help decide what types of things should be in the zoning ordinance and what should be in regulations so that the Planning Board has some latitude on a project by project basis.
Doggett said the board should not try to regulate things that are a matter of personal taste.
Miles asked about stone walls and scenic roads. Mr. Greenwood pointed out that if stone walls or trees are on a person's property, the property owner can remove them if he/she chooses to.
Miles asked about walkways or sidewalks between properties. Mr. Greenwood said that there is funding for sidewalks but it is a very slow process to get it (5 – 8 years). He said it is much quicker if the board requires developers to put in sidewalks. Doggett said he would rather apply for funding than require developers to install sidewalks.
Milner pointed out that residents have expressed an aversion to having sidewalks. He suggested using paths or walkways. White said having pictures or drawings would be helpful. Miles said that walkways or sidewalks must be handicap accessible.
Miles also asked Mr. Greenwood to look into grants for these projects. Mr. Greenwood said he has worked with the Orton Family Foundation in the past and will look into whether or not they have appropriate funding available.
Board member Kim Vaillant arrived at 7:45 pm.
Mr. Greenwood said he would get a revised Village Center zoning ordinance to the board for review at their next meeting. After the board reviews the ordinance language, they should plan a small scale meeting with some of the property owners within the proposed districts at the March 23rd Planning Board meeting.
4. Targeted Block Grant Contract:
Doggett moved to authorize the chairperson to sign the Rockingham Planning Commission Targeted Block Grant Agreement dated February 9, 2010 for $3,500 from RPC and a match of $3,500 from the Planning Board. Second by Gibbs. Motion carried unanimously.
5. Rockingham Planning Commission / Circuit Rider Contract and Sarah's Way Invoice:
Mr. Greenwood said he reviewed the hours worked by the circuit rider in 2009. Between Eric Steltzer, David West and Brian Groth, RPC spent about $13.5 thousand on services to the town which exceeds the contract amount. He attributed this to the fact that Mr. West rarely invoiced developers for his reviews and instead charged that time to the town's contract.
Doggett pointed out that with the rapid turnover of circuit riders over the last year, the town may have lost money because each new circuit rider had to take time to get up to speed after his predecessor left.
Doggett moved to authorize the chairperson to sign the Rockingham Planning Commission Contract for Circuit Rider Services dated February 9, 2010 in the amount $12,084. Second by White. Motion carried unanimously.
Miles directed the board to a breakdown of RPC billing to developers over the past 5 years and RPC invoice # 4738 for the Sarah's Way subdivision in the amount $2,146.50. She pointed out that the town's engineer charged about $600 to review the same project.
She said the contract indicates that billing for services to developers is $50/hour and the invoice is for $53/hour.
Vaillant said the Sarah's Way project took a lot of time. Some of the other projects listed on the breakdown were not as involved. Groth explained that there were 3 different revisions of the plan, the plan was not at the proper scale when submitted, there were problems with the right of way, and there were a handful of waivers that needed to be researched. Groth said he did a complete job but did not use an exorbitant amount of time to review the plan – he used the amount of time that was needed to do an appropriate review.
Vaillant said she felt comfortable that the board did have that kind of work put into the project and the work was necessary to support the Boards decisions. Miles said Walnut farm was a long road with a prolonged discussion and that was only billed at about $1,100 over a 6 month period.
Groth said it is the planner's responsibility to review the plan's compliance with the zoning and subdivision regulations. He said the plan that was submitted was laced with quite a few problems. Milner said there was a lot of research required for the waivers and Groth was asked by the board to support its findings with research on the waivers.
Miles said the board has to be mindful about what gets paid out of the circuit rider contract and what gets billed to developers. Groth said the contract allows for attendance at 2 meetings per month and 10 hours of support. Anything beyond that would be funded by a grant or billed to developers if is associated with plan review.
Miles said this is the largest bill the board has received from RPC. Vaillant said it was one of the most controversial plans put before the board over the last 5 years.
6. Minutes:
Doggett moved to approve the minutes of 1/26/2010 as written. Second by White. Motion carried unanimously.
7. Manifests:
Doggett moved to authorize the chair to sign the NPREA manifest dated 2/9/2010 in the amount $50.50 and the Operating Budget manifest dated 2/9/2010 in the amount $6,098.65. Second by Gibbs. Motion carried unanimously.
8. Twombly Drive: The secretary informed the board that the board of selectmen had not yet formally accepted Twombly Drive as a town road because the town's attorney had some issues concerning the recorded agreement between the town of South Hampton and Newton.
The town administrator was preparing to bring the issue before the board of selectmen again and wanted to give the Planning Board an opportunity to voice any concerns about the road.
Gibbs stated that the road is complete and nothing has changed since the board recommended it for acceptance. The motion of November 25, 2008 to recommend Twombly Drive as a town road stands.
9. Sargent Woods Bonding:
Miles said that Lewis Builders (aka Centerview Hollow Land Company, LLC) has submitted an Intent to Cut for 20 acres to the Board of Selectmen.
The board questioned whether the Intent to Cut is intended for phase II.
Miles also noted that part of the original bond was for the community center. Gibbs added that the law suit by Moynihan Lumber was probably because they supplied materials for the community center and did not receive payment.
White said the board needs to get clarification as to whether or not the intent to cut is for the next phase and if it is, the board should require a bond for the next phase. Doggett said it appears that phase I has been cut already.
Miles read a letter from Lewis Builders dated 2/3/2010. In the letter the developer states that the plan is to continue to build out phase I, phase II is not mentioned. She also reviewed a letter from Attorney Kalman dated 2/8/2010 in which he advises the board to hold the bond money that was drawn down until the developer either bonds the project or completes the phase I work, at which time the money drawn down should be returned to First Tennessee Bank.
Some board members were concerned about law suits filed against Sargent Woods for nonpayment of bills for construction materials. Doggett pointed out that the bond exists so that the town can finish the work in the event that the developer abandons the project. The aggrieved parties could have put a lien on the property, but not on the bond.
Miles recommended that the board send a letter to Lewis Builders thanking them for their letter of 2/3/10, inform them they need to come up with a bond of $88,173 and asking them to indicate what area of the property the intent to cut is for. Vaillant noted that there has been inflation since KV Partner's review.
Miles said the bond expires April 30, 2010. Lewis Builders needs to have a bond in place before 4/30/2010.
10. Casey Burns – Sign For Home Based Business:
The board reviewed an e-mail from Casey Burns dated February 3, 2010 in which he described his plan for a sign for his home based business. According to the description, the proposed sign will be a 3' x 4' sandwich board or easel style sign that would be displayed only during store business hours.
Doggett said the sign cannot be placed in the state road right of way. Vaillant said that Mr. Burns is looking for a denial as the sign does not conform to the zoning ordinance for home based businesses.
Doggett moved to deny permission for a 3' x 4' sign for the home based business at 173 South Main Street as it is not in compliance with Newton Zoning Ordinance Section III, C(a). Second by White. Motion carried unanimously.
11. Trails Committee Mission Statement / Grants:
The board reviewed a mission statement and list of tasks for the trails committee as prepared by Milner. Doggett requested that statement 2 be amended to read "Clearly map out existing town and school district properties, including…"
A memo will be sent to the Board of Selectmen with the mission statement, task list and list of people interested in being on the committee. Members from the Planning Board, Conservation Commission and Recreation Commission will be needed. Once the selectmen approve the mission statement, the people interested in serving on the committee should meet and begin discussions and invite others to get involved. Miles asked if Milner would be the planning board coordinator. Milner agreed.
Vaillant and Doggett agreed to work on grants. Vaillant said she spoke to the Board of Selectmen and they have a list of grants they will share with the Planning Board. Doggett said the board needed to determine what the issues and their solutions are and then find grants to fund them, rather than look for grants first. He also suggested creating a template with information that will be required for most grants.
12. Alternate Positions:
Gibbs asked if there are any openings on the board for alternates. The board can appoint up to 5 alternates. Currently there are 4 alternates: Rick Milner, Chuck Whitman, Mary Allen and Mary Sousa. There is one opening for an alternate. The secretary will check the appointments to see if any of the alternate appointments are due to expire.
13. Adjourn: Doggett moved to adjourn the meeting at 9:10 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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