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June 8, 2010 Planning Board Minutes
NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
June 8, 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, Ann Miles and Kim Vaillant, Alternate Rick Milner, and Trisha McCarthy, BOS ex officio. 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. Elizabeth Lewis and Wesley Gundersen of Newton, NH - continued public hearing for a Lot Line Adjustment at 3 Nordic Woods Lane and 19 Gale Village Road.  The property is referenced as Tax Map 9, Block 3, Lots 15-1 and 14.

Mr. Gundersen explained that the intent of the plan is to do a lot-line adjustment and to move a portion of Ms. Lewis' land to his property. The board reviewed the plans.

White reminded the board that the drainage easement needs to be transferred to Mr. Gundersen's property.  She noted that the drainage easement has been corrected on the plan.

Gibbs moved to approved the lot-line adjustment plan for Elizabeth Lewis and Wesley Gundersen for Tax Map 9, Block 3, Lots 14 & 15-1 (19 Gale Village Road and 3 Nordic Wood Lane respectively) per the plan dated March, 2010. Second by Miles. Motion carried unanimously.

The mylar was submitted by Mr. Gundersen and Chairman Doggett will sign it after the meeting.

Gibbs moved to close the public hearing for Lewis and Gundersen. Second by White. Motion carried unanimously.

3. Heather Singleton of Newton, NH - public hearing for a conditional use permit for a Home Based Business (hair salon) at 5 Williamine Drive.  The property is referenced as Tax Map 7, Block 3, Lot 39.

Doggett opened the public hearing and read the abutters list.  No abutters were present. Ms. Singleton was in attendance and addressed the board.  She provided a letter of support from an abutter who was not able to attend.

Ms. Singleton explained that she works long hours in Massachusetts as a hair stylist.  She has a small room in her home that is set up as a salon.  She would like to get the approval to open a part-time home business (hair salon).  

She said she does not currently do any business out of her home but is hoping to have the opportunity in the future.  She listed the hours of operation as 10:00 am – 2:00 pm every other Saturday on the home business form.

White suggested expanding the hours to 8:00 am – 5:00 pm every Saturday since the hours that Ms. Singleton listed are very limited and any expansion would require her to appear before the board again.

Ms. Singleton said she would always be the only employee.

Groth asked if there were any hazardous material used.  Ms. Singleton said no, the hair products are used in small amounts. Milner asked if any special procedures were used for trash at the Massachusetts salon.  Ms. Singleton said no, everything can go in the regular trash.

Vaillant noted that this type of business is exactly what the board is trying to promote.

Vaillant moved to approve the home based business for Heather Singleton at 5 Williamine Drive (Tax Map 7, Block 3, Lot 39) as described on the Home Based Business form dated 5/13/2010 except to amend the hours of operation to Saturdays 8:00 am – 5:00 pm. Second by Milner. Motion carried unanimously.

Doggett closed the public hearing for a home based business for Heather Singleton at 5 Williamine Drive.

4. 125 Development NH Corp. of Plaistow, NH - public hearing for an Earth Excavation Permit at Puzzle Lane.  The property is referenced as Tax Map 14, Block 1, Lot 27-4.

Doggett opened the public hearing for an Earth Excavation Permit at Tax Map 14, Block 1, Lot 27-4 and read the abutter list.

Scott Frankiewicz, engineer, and Coleman McDonough, property owner, were in attendance. Mr. Frankiewicz addressed the board.  He said that 125 Development Corp. is currently under a cease and desist and is working to get the property into compliance with zoning ordinances.  He said that he has submitted the Alteration of Terrain application to the state and is waiting for the approval.

Mr. Frankiewicz said he is working on addressing the comments submitted by Mr. Vignale. The comment letter is dated June 3, 2010. He stated that the purpose of the plan is to prep the lot (27-4) for sale.

Miles asked about the total volume of material to be removed. Mr. Frankiewicz said 200,000 cubic yards.  He said everything would be stored on the lot and would be used in construction on lot 27-3.  

Doggett said the property must be out of current use before excavation can begin. Vaillant suggested reviewing the plans once the AOT permit is received from the state and the letter from Mr. Vignale is addressed.

Vaillant moved to continue the hearing until July 13th.  Second by Milner. Motion carried unanimously.

Mr. Frankiewicz said he also needs the board's input.

Abutter Jodi Baronian said work has continued on the property. Mr. McDonough said he is not doing any excavation or blasting. Doggett said there should be no disturbance of the soil.

Vaillant moved to send a letter to Mary Pinkham-Langer indicating that work may be continuing on the property. Second by Milner. Motion carried 6-0-1 with Miles abstaining.

Doggett informed Ms. Baronian that she should contact the selectmen if work continues as this would be considered a code enforcement issue.

5. 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 said he has been researching grants and has been working on an estimate for a traffic study and redesign of the Rowe's Corner area.

Board members said they are satisfied with the draft boundaries for the village district zones.

Doggett said the people who own property within the Rowe's Corner zone will be invited to the July 13th meeting for further discussions. Groth said he will prepare a power point presentation for the meeting.

Miles said the board should look into tax incentives and available funding for property owners.

The board decided that any grant money left over after the traffic study and redesign of Rowe's Corner will be used for mapping the village districts.

Groth said he would check with Glenn Greenwood to see if he is available for July 13th.

Vaillant moved to continue the hearing to the June 22nd work session. Second by White. Motion carried unanimously.
Groth departed at 7:50 pm.

6. Other Board Business:
  • Acceptance of Minutes:
Milner moved to accept the minutes of May 25, 2010 as written. Second by Gibbs. Motion carried unanimously.

  • Manifests – there were no manifests.
  • Mylars for Puzzle Lane 27-1 and 27-3 – Mr. Frankiewicz stated that he was unable to get the mylars in time for the meeting.  
The board also reviewed an e-mail from Mike Vignale dated 5/24/10. Mr. Vignale wanted to know if he is responsible for construction oversight and review of lot 27-1.

Gibbs said the town engineer should oversee this work.  Miles asked about the status of the road bond.  

Miles moved to require Mr. McDonough submit a NPREA deposit of $1,000 to cover the cost of the engineering reviews.  Second by White. Motion carried unanimously.

Vaillant suggested that Mr. Frankiewicz provide the board with an updated of the bond issue for the next meeting.

  • Accessory Apartment at 37 West Main Street.  The board reviewed a request from the selectmen's office for an update on this property.
Doggett said there needs to be follow-up on 37 West Main Street and the apartment at 61 Peaslee Crossing as well.

  • Memo from Conservation Commission to Josh Manning re: Sargent Woods – McCarthy explained that the state has a new archeological requirement and that Sargent Woods had submitted the proper paperwork and was found to be incompliance.
  • Approval for Construction, 87 Smith Corner Road – The board reviewed the septic approval.  Gibbs explained that it was a request for a 90 day extension and that he is working on getting a building permit as well.
  • Remaining correspondence: The board reviewed the remaining correspondence and determined that a letter from Marsh Law Office regarding the deed for the trolley way at Walnut Farm Road should be forwarded to the Board of Selectmen as they are responsible for land acquisition.
  • Sargent Woods – Building Styles – Doggett noted that Lewis Builders has requested permission to use different building styles at Sargent Woods. The board decided to ask Lewis Builders to attend the work session (June 22) to discuss the proposed changes.
7. Adjourn: The meeting was adjourned at 8:40 pm.

Respectfully Submitted,




Lisa Babcock
Administrative Assistant
Newton Planning Board