NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
April 27, 2010
1. Call to Order:
Chairman Jim Doggett called the meeting to order at 7:02 pm. In attendance were: Chairman Jim Doggett; Vice Chairman Barbara White; Planning Board members Frank Gibbs and Ann Miles and Alternate Rick Milner. Minutes were transcribed by Administrative Assistant Lisa Babcock.
Also in attendance: Circuit Rider Planner Brian Groth.
Doggett appointed Milner to stand in for Kim Pettit.
2. Town of Newton, NH continuation of a public hearing to review a proposed addition to the Newton Zoning Ordinance pertaining to Village District Zoning.
Doggett explained that Glenn Greenwood of the Rockingham Planning Commission was unable to attend this evening.
Gibbs moved to continue the public hearing to May 11th. Second by White. Motion carried 4-0-1 with Miles opposed.
3. Other Board Business and Correspondence:
a. Minutes: Gibbs requested the following changes to the minutes of April 13, 2010 under section 5 LaCroix 2-lot subdivision which reads: "Gibbs said that Mr. LaCroix has permits for all the driveways." To be amended to read: "Gibbs said that Mr. LaCroix has a state permit for the proposed gravel driveway."
Gibbs moved to accept the minutes of April 13, 2010 as amended. Second by White. Motion carried unanimously.
Board member Kim Vaillant arrived at 7:05 pm.
b. Manifests:
Motion by Gibbs to authorize the chair to sign the operating budget manifest dated 4/27/2010 in the amount $56.30. Second by Miles. Motion carried unanimously.
No NPREA manifest was presented.
c. Wes Gundersen requests waiver on NPREA fees: Mr. Gundersen was present.
Mr. Gundersen stated that he had submitted an application to move some land from his step mother's property to his property. The application was submitted as a 2-lot subdivision and the intent was to then merge the proposed lot with his property.
The overall intent is not to create a new lot but to take a piece of his step-mother's property and merge it with his. There will be no excavation or any other changes to the property. Mr. Gundersen said he felt the $2000 NPREA fee was excessive for what he was planning to do.
Doggett said the plan as it stands creates a non-conforming lot. The board cannot approve a non-conforming lot.
Mr. Gundersen explained that he submitted the plan as a 2-lot subdivision in an effort to avoid having his property surveyed because there was already a well defined plan for the abutting property. He said a large drainage easement over lot 9-3-15 prevents it from being built upon.
Gibbs said the drainage easement will have to be transferred to Mr. Gundersen's lot. The board suggested that the plan be re-submitted as a lot-line adjustment.
Gibbs moved to allow Mr. Gundersen to submit the plan as a lot-line adjustment and to not require a survey for Mr. Gundersen's property at tax map 9, block 3, lot 14. Second by Miles. Motion carried unanimously.
Doggett said that the hearing will be held on May 11th as scheduled.
d. Fax from SEC & Assoc. 3/22/10 re: driveway at 13/3/8-11 Walnut Farm: SEC had requested that a driveway be installed over the ROW at the end of the cul-de-sac.
The board reviewed deeds of the property and determined that the 50' ROW goes with the land at 13-3-8-11. Gibbs said that no buildings could be built within the ROW.
Miles moved to allow a driveway only to be constructed within the 50' ROW at Tax Map 13, Block 3, Lot 8-11. Second by Milner. Motion carried unanimously.
e. RPC Commissioner: Miles stated that she was interested in becoming the 2nd RPC Commissioner for the town.
Vaillant moved to nominate Ann Miles to represent Newton as an RPC Commissioner. Second by White. Motion carried unanimously.
f. Agricultural Commission: Vaillant discussed a workshop on creating an Agricultural Commission that both she and Miles had attended.
Vaillant said this is an initiative to preserve and encourage the agricultural lifestyle in New Hampshire. Agriculture includes such varied practices as farming, animal husbandry, beekeeping, tree farms and maple syrup production. It includes both large and small operations. It is recommended that towns adopt NH's Best Practices which promotes proper care of animals and proper disposal of waste rather than limiting operations by acreage.
Doggett said he would ask the Grange if they would sponsor a committee and invite people to meet to discuss the issue. He will report back to the board on May 11th.
g. Letters from S. Kalman re: invoices 4/12/10: The board reviewed the 2 letters regarding outstanding NPREA invoices owed by DC Development and Sargent Woods.
The board determined that outstanding invoices for Sargent Woods should be sent to Lewis Builders since when they purchased the property they incurred the debt that is associated with it.
The board will wait to hear from DC Development regarding their overdue invoices before voting to release the bond.
The board agreed it would be ok to send copies of Attorney Kalman's letters to the developers as they had been discussed in a public forum.
h. Twombly Drive: Bradley Cardoso had requested a memo from the board concerning fire protection requirements at Twombly Drive. Doggett said there has been no active and substantial development at the property in at least 4 years. Any building at the subdivision must conform to current regulations.
Doggett said to send a letter to Mr. Cardoso stating that current state fire regulations must be met and Mr. Cardoso should meet with the fire department regarding the specific requirements.
i. Sargent Woods Bonds: The board reviewed a bond agreement submitted by Lewis Builders. It was determined that the Board of Selectmen must sign the agreement and that the treasurer should look over the language.
8. Adjourn: The meeting was adjourned at 8:15 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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