NEWTON PLANNING BOARD
MINUTES OF PUBLIC MEETING AND WORKSESSION
FEBRUARY 23, 2010
1. Call to Order:
Chairperson Ann Miles called the meeting to order at 7:01 pm. In attendance were: Chairperson Ann Miles; Vice Chairman Jim Doggett; Planning Board members Barbara White and Frank Gibbs. Minutes were transcribed by Administrative Assistant Lisa Babcock.
Also in attendance: Circuit Rider Planner Brian Groth.
2. Coleman McDonough requests a discussion concerning size of building at Puzzle Lane.
Mr. McDonough was in attendance to address the board. He handed out a sketch of the proposed 2nd building on lot 27-1. The sketch showed the building with a new width of 60' instead of the 50' width which was previously approved.
He said his engineer didn't think there would be any problems with setbacks, parking, green areas, or impervious areas. There is no added stormwater runoff.
He explained that it will make the building more marketable and that the larger building size adds tax revenue for the town.
Gibbs said he didn't see a problem with it but wondered if the larger building will require sprinklers. Mr. McDonough said he would discuss it with the fire chief.
Miles said a more detailed drawing must be submitted and reviewed by the town engineer. She said one of the abutters has complained in the past about lighting and others have complained about the noise of dumpsters being emptied.
Mr. McDonough said a buffer will be installed. He said lighting will not be put on the side of the building that is closest to map 14, block 1, lot 7-1 and the lighting on the back of the building will be on timers.
Doggett said the dumpster needs to be moved because there needs to be clearance around the whole building for fire apparatus. White said she would like to see a plan that shows both the first building and the proposed building.
Miles asked if there was a loading dock on the back of the building. Mr. McDonough said there is not.
Doggett said he thought the parking lot out back was made larger so deliveries could be made out back. Mr. McDonough said there is about a 60' turning radius. Doggett questioned how taking 10' off the parking would impact the serviceability of the building.
Miles asked how many units will be in the new building. Mr. McDonough said 3 units of varying sizes.
Miles said that if the town's engineer doesn't have a problem with the change in the size of the building, the new size could be depicted on an "as-built" plan.
Groth asked if there would be changes to the grading plan. Mr. McDonough said he didn't think so since there are no changes in the impervious area.
White moved to conditionally approve the 10' increase in building width for 27-1 Phase II providing the town's engineer can provide a clean letter indicating that there are no problems with the increased size of the building. Second by Gibbs. Motion carried unanimously.
The board discussed the Cease and Desist order recently issued to Mr. McDonough by the planning board. Mr. McDonough said he has an appointment scheduled with the town's assessor to discuss issues concerning current use. He assured the board that there is no excavation occurring at this time. Miles said once the dirt is disturbed the land must come out of current use.
Mr. McDonough said a new current use law is on the books. The secretary will look into the new law. Miles said the secretary will attend the meeting with the assessor and Mr. McDonough.
Board member Kim Vaillant arrived at 7:23 pm and Mr. McDonough departed.
3. Village Center Zoning: The Board reviewed and discussed a draft version of the proposed Village District Zoning Ordinance. Several changes were proposed:
Add consignment shop as a permitted use.
Add "…services include, but are not limited to…"
Change 30' front setback under section 3.a.1 to a range of "15'-30'…"
Remove percents from section 3.d.
There was concern about "Social Clubs" and "Inns and Bed & Breakfast establishments". The secretary will look for legal definitions.
Include "no parking in the front of buildings – side and back only".
Miles said engineering grants are needed. Doggett suggested putting together a database of grants that may be available for property owners.
The board will hold a public hearing to discuss the zoning ordinance on March 23rd.
Charles Melvin and Alan French arrived at 7:40 pm.
4. Minutes of 2/9/2010:
Groth asked for the following change: under item # 5, paragraph 9 which reads "Groth said the contract allows for attendance at 2 meetings per month and 10 hours of support." should be changed to "Groth said the contract allows for attendance at 2 meetings per month and approximately 10 hours of support."
Doggett moved to approve the minutes of 2/9/2010 as amended above. Second by White. Motion carried unanimously.
5. Manifests:
Doggett moved to authorize the chair to sign the Operating Budget manifest dated 2/23/2010 in the amount $2,750 which includes $595 for the copier maintenance contract, $155 for legal advice and $2,000 from encumbered funds for the 1st of 2 payments for the Targeted Block Grant match. Second by White. Motion carried unanimously.
6. Copier Maintenance Agreement:
Doggett moved to authorize the chair to sign the copier maintenance agreement with Century Copier Specialists in the amount of $595. Second by White. Motion carried unanimously.
7. Accessory Apartments Amnesty Program:
The Board discussed the possibility of having an amnesty program to encourage property owners with unauthorized accessory apartments to come forward and have the apartments inspected and brought up to code.
This has been done in Massachusetts but the secretary was unable to find examples in New Hampshire. In Mass, one of the goals of the program was to increase the number of affordable housing units. Vaillant said accessory apartments cannot be counted as part of a town's fair share number of affordable units.
The Board's objectives for this program would be to make sure the accessory apartments are safe and also to ensure that the fire department is aware that an accessory apartment exists in a home in the event of an emergency.
Vaillant said she felt as though an amnesty program was like entrapment and that no one would come forward because their tax rates would increase. She also felt it wasn't fair to people who had already followed the rules. Gibbs said fees for inspections cannot be waived – maybe the back property taxes could be waived. It is a good incentive for anyone who wants to refinance or sell their home because the banks are now requiring proof that these apartments are legal.
Mr. Melvin said all the fees and everything would have to be disclosed up front so the property owner would know what he/she was getting in to. He suggested allowing a 6 month period to apply to the Planning Board for amnesty.
Miles said that the board needs to determine if in NH the town can go after back property taxes or not. The board discussed asking the town attorney about back taxes. Doggett suggested asking the Department of Revenue Administration.
Vaillant asked what happens when an apartment is not up to code. Mr. French said a new plot plan would be needed. White suggested putting a packet of information together about the program and handing it out.
Doggett said it’s a matter of safety but also for people to pay their fair share of property taxes for all finished living areas.
The board discussed the possibility of waiving back taxes, application fees and perhaps even some zoning requirements. They acknowledged that it would require the selectmen, planning and zoning boards to work together.
The board decided to contact the town's attorney to see if such a program is feasible.
8. Metro PCS: Metro PCS will be coming before the board for a co-location on the existing cell tower. They wanted to know if this would be considered a minor site plan and whether regional notification is required.
The board determined that it can be considered a minor site plan and White said she would look into whether or not East Kingston did a regional notification when they had a recent co-location.
9. Other Board Business / Correspondence:
- E-mail from Cable Committee Chair: The Board reviewed an e-mail from Diane Morin dated 2/9/2010 requesting that the board hold all meetings in the large meeting hall. The Board decided that work session meetings will continue to be held in the Planning Board office.
- Minimum Impact Agricultural Project Application – Nicol Farm: The Board received a copy of an agricultural project application which had been submitted to the town clerk and then to DES. The board determined that no action is required on its part and the application is for information purposes only.
- Alteration of Terrain – Whispering Pines: The Board reviewed a copy of an amended Alteration of Terrain Permit for Whispering Pines. The amendment consists of a 5-year time extension for the permit.
- Sargent Woods: The Board discussed Lewis Builders' intent to cut. Mr. Manning had explained over the phone to the secretary that he did not feel as though they should have to provide a bond for tree cutting as this is "standard timber harvesting", there is no stumping and no disturbance of the ground.
Gibbs was concerned about damage to Smith Corner Road from the logging trucks. The board directed the secretary to send a memo to the road agent and town engineer stating that heavy equipment may be breaking up the road and asking whether they recommend bonding Smith Corner Road.
- Support of Police Department Warrant Article:
Doggett moved that the Planning Board endorse warrant article 3 to renovate the Police Station as this initiative is in compliance with the Capital Improvements Program. Second by White. Motion carried unanimously.
- 26 South Main Street: It was brought to the board's attention that the property owner is selling hay, and whether that was an allowed use for the site and the owner had also affixed signs to a telephone pole. Gibbs said the property owner probably owns the pole. Vaillant said there is no written complaint. If a written complaint is received it should go to code enforcement. Otherwise nothing here falls within the Board's jurisdiction.
g. Letter to assessor: Gibbs said the assessor should be notified of the home based business at 7 Valley Drive and also at Chief Ingalls' home if she is not already aware.
h. Alternate: There is one opening for an alternate. Any interested party should submit a letter of interest for the board and attend a meeting.
i. Trails: Groth said he is looking into finding funding for mapping of the trails.
10. Adjourn: Miles adjourned the meeting at 9:41 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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