NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
July 27, 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 member Kim Vaillant, Trisha McCarthy, BOS ex officio, and Alternates Rick Milner and Mary Allen. Minutes were transcribed by Administrative Assistant Lisa Babcock.
Also in attendance: Brian Groth, Circuit Rider Planner
Doggett appointed Milner to stand in for Frank Gibbs and Allen to stand in for Miles.
2. 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. Mr. Frankiewicz addressed the board. He stated that he had received an e-mail from Gloria Andrews from DES indicating that the Alteration of Terrain permit had been approved and would be issued soon.
Vaillant said the e-mail could not be interpreted to mean that everything was complete and the permit was ready. Doggett said it could be a condition of approval.
The board reviewed a letter from KV Partners dated 7/26/10 regarding the reclamation bond. Mr. Frankiewicz had some concerns about the amounts requested by the engineer but said they would go along with his recommendation.
Doggett called the board's attention to an e-mail from Mary Pinkham-Langer dated July 21, 2010 regarding the current use issue. Doggett explained that issuing the excavation permit triggers the assessor to remove the property from current use. Therefore, requiring the property to be removed from current use cannot be a condition of approval.
Milner moved to send a memo to the town assessor informing her that the intended use of the property at Puzzle Lane, Tax Map 14, Block 1, Lot 27-4 is commercial/light industrial. Second by Allen. Motion carried unanimously.
Milner asked about the waiver dated 7/16/10 asking for permission to excavate within one foot of the seasonal high water table. Mr. Frankiewicz explained that he revised the grading to comply with the regulation and therefore rescinded the waiver request.
Doggett said the three outstanding issues are: issuance of the Alteration of Terrain Permit, receipt of stamped plans and posting of the reclamation bond.
Mr. Frankiewicz said the stamped plans had been submitted. He then asked if the Cease and Desist would be lifted. Doggett said that once the conditions are met the Cease and Desist would be lifted.
Milner said he wanted everyone to be clear that no work could be done until all conditions are met.
Vaillant said that at one point the board had said that they would not be granting conditional approvals because of past problems. This was to make sure that everything was in order.
Mr. McDonough said that he had been before the board many times over the years and everything had been conditionally approved.
Doggett said the board has basically stopped issuing conditional permits; however the board has the privilege to do as it wishes as far as issuance or non-issuance of a conditional approval.
Vaillant moved to continue the public hearing for an excavation permit at 27-4 Puzzle Lane to the next meeting, August 10. Second by Milner. Motion carried unanimously.
3. Town of Newton, NH continuation of a public hearing to review a proposed addition to the Newton Zoning Ordinance pertaining to Village District Zoning.
Glenn Greenwood of the Rockingham Planning Commission was in attendance as were several property owners in the proposed Rowe's Corner village district.
Groth provided large color maps of the proposed district.
Mr. Greenwood explained that over the last few decades, towns have been using strict, single-use zoning in order to protect property owners from the issues associated with commercial and industrial uses. The result of that type of zoning was to change the character of neighborhoods by eliminating small businesses from residential areas. Now, towns are being encouraged to incorporate mixed-use districts.
Mr. Greenwood said that the traffic problems in the Rowe's Corner area are well known and the board is seeking federal transportation funds to study the problem.
Allen said that the Rowe's Corner area was traditionally a mixed use area. Mr. Greenwood added that there are size restrictions that should limit the types of businesses that could come into the area.
Abutter, Janet Labell asked if her property would be taxed commercially if she did not add a business. Doggett said only people who incorporate a commercial use would be taxed commercially and only on the portion of the property that is used commercially.
Mr. Greenwood said he would check on the tax issue to make sure.
Abutter Alice Baker was concerned about what could happen to her property. Doggett said if you make no changes, there will be no changes. Greenwood added that a neighbor could add a commercial use that would impact her property.
Jeff Robie whose organization just purchased the first Christian Church (now the First Congregational Church) asked where village districts had been implemented and what the outcome has been.
Mr. Greenwood said a village district had been created in Brentwood, but not much has happened due to the economy. White said a village district was created in East Kingston and only one person had opened a commercial business in the district. East Kingston is working on getting more information out about the district and the options it provides.
Vaillant said she has heard that most people are not planning to invest in a commercial business due to the economy and the concern about taxes.
Ray Labell asked if his vacant lot was part of the proposed district. Vaillant said the district can be expanded to include other areas if that's what people want.
McCarthy asked if there was another way to categorize the properties because realtors are having difficulty marketing commercial properties in this economy. Mr. Greenwood said it's important to consider how this might impact the sale of property.
Doggett said language should be added to the ordinance that discusses how a property reverts back to its original state.
Milner suggested creating a Frequently Asked Questions sheet to hand out to people. White suggested including an example of the tax impact of adding a commercial business to a residential property.
Allen moved to continue the hearing to the August 24th work session and to invite property owners in the proposed Newton Junction and Route 108/Town Hall area districts. Second by Vaillant. Motion carried unanimously.
Groth departed at 8:25 pm.
4. Other Board Business:
Vaillant moved to accept the minutes of July 13, 2010 as written. Second by White. Motion carried unanimously.
Vaillant moved to authorize the Chair to sign the Operating Budget manifest dated 7/27/10 in the amount $1500 for the Targeted Block Grant match to be taken from 2009 encumbered funds. Second by White. Motion carried unanimously.
Vaillant moved to authorize the Chair to sign the NPREA manifest dated 7/27/10 in the amount $511.73 for invoices related to the Puzzle Lane and Metro PCS hearings only and to pay out the engineering refunds as listed. Second by McCarthy. Motion carried unanimously.
- Discussion Regarding NPREA funds: Vaillant suggested that developers be notified when their NPREA balance reaches $1000 and to request and additional $500 at that time. Doggett requested that the secretary ask Groth whether this is considered a policy or a regulation and whether a public hearing is required.
- Engineering Estimates from KV Partners: The secretary stated that she had received letters from KV Partners for estimates for the remaining engineering costs for Sargent Woods, Katherine Drive and Walnut Farm Road.
Vaillant moved to forward the letters to the respective developers. Second by Allen. Motion carried unanimously.
- E-mail from C. Mastacouris – the board reviewed an e-mail dated 7/20/10 concerning 63 Peaslee Crossing Road.
Plans indicated that there had been a driveway easement across 65 Peaslee Crossing to access # 63. Doggett said concerns about the easement are a civil matter.
Vaillant moved to send a memo to the road agent informing him that the board had previously denied access to the parcel from Quaker Street because the property has frontage on Peaslee Crossing Road and to send a copy to Ms. Mastacouris. Second by Milner. Motion carried unanimously.
- E-mail from S. Kalman re: First Tennessee Bond – the Board reviewed the e-mail. McCarthy said the Selectmen received a letter from Attorney Kalman and would look into what the letter said.
- RPC TAC Representative:
Allen moved to nominate Barbara White as the TAC representative for Newton. Second by Vaillant. Motion carried unanimously.
The form will be sent to the Selectmen for final approval.
- E-mail from Vaillant regarding an available USDA grant: Doggett suggested that a good use for the grant money would be to enhance the kitchen at the middle school so that it could be used as an emergency shelter for Newton residents. He directed the secretary to send the information to the Emergency Management team with a copy to the Selectmen.
- Day Care: The secretary had received a phone call from someone asking if a day care is a permitted home business. Doggett said to have the person review the ordinances on line.
5. Adjourn: The meeting was adjourned at 9:21 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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