NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
AUGUST 10, 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 members Kim Vaillant and Frank Gibbs; Trisha McCarthy, BOS ex officio, and Alternate Rick Milner. Minutes were transcribed by Administrative Assistant Lisa Babcock.
Also in attendance: Brian Groth, Circuit Rider Planner and Bill Ingalls, Fire Chief. Doggett appointed Milner to stand in for Kim Pettit.
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 was in attendance and addressed the board. Mr. Frankiewicz reviewed the outstanding issues: Alteration of Terrain permit was received, clean letter from the town engineer was received, and a reclamation bond was submitted.
Mr. Frankiewicz explained that the reclamation bond was submitted as a surety bond along with a waiver request from the requirement that all bonds take the form of cash or letter of credit.
White moved to take jurisdiction of the plan for an Earth Excavation Permit at Tax Map 14, Block 1, Lot 27-4. Second by Gibbs. Motion carried unanimously.
Planning Board member Ann Miles arrived at 7:03 pm.
White moved to grant a waiver from Earth Excavation Section XII: A requiring that bonds be in the form of cash or letter of credit. Second by Gibbs. Discussion: Gibbs asked who the beneficiary of the bond is. Doggett replied the Town of Newton. Vaillant asked why a surety bond had been submitted instead of a letter of credit. Doggett said a waiver had been granted to allow surety bonds for lots 27-1 and 27-3 because they were originally bonded in this way when it had been allowed by the regulations. Vaillant said if a surety bond is allowed for this new project, the board will have to consider granting an exception for other developers. Vaillant said that the town had not been adequately protected by surety bonds in the past. Doggett said the rules are different for insurance companies
issuing surety bonds and banks issuing letters of credit. It can take a long time for the town to receive funds from a surety bond and it was recommended by counsel that the board stops accepting surety bonds. Motion failed 2-5 with the following members opposed: Gibbs, Vaillant, Doggett, Miles and Milner.
Milner moved to grant conditional approval for the earth excavation permit at Tax Map 14, Block 1, Lot 27-4 as presented on plans last revised on 7/26/10 with the condition being that a reclamation bond be submitted in a format that conforms to current regulations and complies with KV Partners' Memorandum dated July 21, 2010. Second by Gibbs. Discussion: Vaillant wanted the record to reflect that she considered the condition reasonable since the applicant had acted in good faith by submitting the reclamation bond (although the board rejected it based on the format). Motion carried unanimously.
Mr. Frankiewicz asked when the cease and desist would be lifted, Doggett said the cease and desist will be lifted when the excavation permit is signed. A notice of decision will be issued to lift the cease and desist.
Milner moved to lift the cease and desist once all conditions are met for the excavation permit and the excavation permit is signed. Second by White. Motion carried unanimously.
Doggett closed the public hearing for an Earth Excavation Permit at Tax Map 14, Block 1, Lot 27-4.
3. Charles and Kathleen Marden of Groveland, FL request a public hearing for an 8 lot subdivision on Heath Street. The property is referenced as Tax Map 4, Block 6, Lot 3.
Doggett opened the public hearing for an 8 lot subdivision on Heath Street, Tax Map 4, Block 6, Lot 3.
Dennis Quintal, engineer, was in attendance to represent the applicant. Mr. Marden was also present. Doggett read the list of abutters. The following were in attendance: Melissa Ingalls, Kari Donegan, Kathleen Redlund and Gayle Burke.
Mr. Quintal addressed the board. He said the parcel is 36.5 acres and is zoned Residential A and B. He said this subdivision would concentrate on the area zoned Residential B. A topographic survey and a high intensity soil map of the property have been completed. He said that he and the developer reviewed several different layouts for the subdivision.
Mr. Quintal explained that the intent of the plan is to subdivide the property into 8 lots – 7 house lots and 1 remaining 17 acre parcel. Six of the house lots will be duplex lots and 1 will be a single family lot because of the lot size requirements.
Each lot has the required minimum frontage and minimum area lot size by soil type. Each lot could have its own driveway access, however the developer is proposing 3 common driveways to minimize the number of wetland crossings and minimize the impact to the scenic road.
One of the other plans for the subdivision showed a cul-de-sac off Heath Street with 9 house lots but the developer and engineer felt that the layout presented would have less of an impact on the surrounding area.
Mr. Quintal explained that during the Technical Review Meeting the fire chief had expressed concern about emergency vehicle access from Heath Street onto the proposed driveways. Mr. Quintal said he will be meeting with the fire department to review those access points.
Mr. Quintal said that they know that test pits are required and they will dig the test pits once the board is comfortable with the layout of the plan.
Mr. Quintal proceeded to review the comment letters from the town planner and town engineer.
Beginning with the letter from planner Brian Groth dated 8/5/10: "…there is evidence that the applicant has minimized wetlands impacts while putting the land to productive use through the use of common driveways. It is recommended that the Planning Board receive feedback from the Conservation Commission as well."
Plans were distributed to the Conservation Commission but their comments had not been received as of the date of this meeting.
"The applicant has requested a waiver of Subdivision Regulation 8.2.10.B.2 which prohibits the 100' protective well radius to extend into an abutting parcel. The radii are located…in a manner that minimizes wetlands impacts…The applicant has proposed using deeded easements to ensure future protection for each lot. It is recommended that the Planning Board review a draft of said easement prior to granting approval…" Mr. Quintal said he will provide copies of those easements to the board.
"…the applicant would require additional waivers and/or plan revisions to comply with the Subdivision Regulations…as follows:
1. VIII.8.1.1…requires the entire parcel to be reviewed…the area labeled "remaining land" is omitted in the plans. Mr. Quintal explained that the remaining land is capable of meeting the requirements of a buildable lot. He didn't show the HISS maps for the remaining land. He could provide a calculation on the plan for that parcel or ask for a waiver from the regulation. He has prepared a waiver.
2. VIII.8.1.6.C The location for pertinent data on at least 2 test pits…and at least 1 percolation test must be shown… Mr. Quintal explained that he will be doing that when he is sure that the layout for the subdivision is acceptable to the board.
3. VIII.8.1.6.F Design of culverts must be provided. Mr. Quintal said this will be done.
4. VIII.8.1.6.J Note indicating that "all road and drainage work to conform to the standard specification…" is required. Mr. Quintal said that a note will be added to the plans.
5. VIII.8.1.6.Q Location of monumentation…must be shown… Mr. Quintal said that will be added to the plan.
6. VIII.8.2.4.A.2.a Site distances from proposed driveways must be shown. Mr. Quintal said a sheet will be added to show driveway detail.
7. VIII.8.2.4.A.2.c This requires that each lot shall be served by its own driveway. If this is waived, the applicant must meet the requirements of (e). These requirements include: a release of the Town's liability; they be built to town specifications (20% width reduction possible); and to follow the shared lot line to the extent possible. Mr. Quintal said they will submit a waiver from the requirement that each lot have its own driveway and will meet the requirements of common driveways.
8. VIII.8.2.7.B To obtain driveway permits along Scenic Roads, evidence of compliance with this regulation must be evident, including review from the Conservation Commission. Mr. Quintal said he has not received comments from the Conservation Commission.
9. VIII8.2.7.c Mitigative measures taken to preserve the scenic quality of Heath Street should be discussed and shown. Mr. Quintal said they could review the requirements and discuss them during a site walk.
10. VIII.8.2.10.B.3 …this must be waived if well radius easements are to be used. Mr. Quintal said he will be submitting a waiver.
11. VIII.8.2.14 Monumentation Requirements…Mr. Quintal said monuments will be shown on the plans.
12. VIII.8.3.1.A …access should be across fee-title land rather than easements, and should be waived if the proposed configuration is acceptable to the board. Mr. Quintal said they will comply with what's needed.
Mr. Quintal then reviewed the comments submitted by town engineer, Mike Vignale in a letter dated 8/5/10.
1. The common driveway details…must be specified… Mr. Quintal said a driveway detail sheet will be added to the plans.
2. Sight lines for the proposed driveways must be shown on the plans…Mr. Quintal said, again this will be shown on the detail sheet.
3. …Heath Street is designated as a Scenic Roadway. Approval from the Conservation Commission is required… Mr. Quintal is aware of this requirement.
4. The common driveways provide access to two duplex units each…The Planning Board should consider if each half of the duplex is one "house"…If so, a waiver is required… Mr. Quintal said waivers will be requested.
5. A Stormwater Management Plan is required…Considering that the development will result in a number of small, disconnected impervious areas that may either infiltrate or flow to a large wetland complex, a detailed Stormwater Management Plan…is probably not required. Mr. Quintal said based on Mr. Vignale's comment, they will be requesting a waiver.
6. The proposed driveway culverts are located downstream of a culvert crossing on Heath Street near Steep Hill Drive. Provide drainage calculations that verify that the proposed driveway culverts have the required capacity…assuming the culvert on Heath Street is replaced at some time… Mr. Quintal said this means that the driveway culverts must be sized appropriately taking into consideration that the existing roadway culvert could be replaced in the future with a larger one. He said the calculations will be provided.
7. …a waiver is required for the overlapping well radii proposed on lots 3A and 3B. Mr. Quintal said a waiver will be submitted.
8. …Wetland and Subdivision permits are required from DES…Mr. Quintal said they have not applied to the state yet, they would like to get input from the Planning Board regarding the layout and do a site walk first.
Doggett said he was concerned about emergency vehicle access over the long driveways. Mr. Quintal said that was discussed in the technical review meeting. Mr. Quintal has proposed turn-around areas at the ends of the driveways and wider areas for passing along the driveways. He will ask the fire chief how wide that area should be.
Vaillant said she was concerned about the shape of lots D and E. The regulations require rectangular lots (subdivision regulation 8.3.2.C). Mr. Quintal said he would review the lot shapes on the plan.
Miles asked how the remaining parcel is zoned. Mr. Quintal said mostly Residential A but there is also a part that is Residential B.
Mr. Quintal said that at the TRC meeting there was discussion about doing a cluster subdivision. Mr. Quintal said that it was of no benefit to the applicant to do a cluster subdivision because the smaller lots would not be marketable. He said that since the lots are large, there should be plenty of open space because people tend to only maintain the area right around their homes.
Miles asked about any potential drainage issues. Mr. Quintal said he would have that information for the board when he does the work on the culverts.
Doggett asked for abutter input. Kari Donegan, 52 Heath Street, addressed the board. She said she was concerned about duplexes (as opposed to single family homes) bringing in more traffic on this narrow road. There is a bus stop and a park on Heath Street and she felt that the additional traffic posed a safety issue. She was concerned about the septic systems and water use. She was also concerned about potential damage to the road due to construction and the clear cutting that had happened during the previous development. Ms. Donegan was concerned about the impact the development might have on her well. She was also concerned about property values and the people in the duplexes not getting along.
Doggett said that the property had been zoned residential B in the 1980s. Residential B zones allow for duplex housing.
----Melissa (Ingalls) Locastra, 50 Heath Street, addressed the board. She asked if street lights would be added and was concerned about the traffic the new homes would generate. She asked if a traffic evaluation had been done. She was also upset by the clear cutting that had occurred with the previous development.
Doggett said that a traffic study had not been done as of this time.
Gale Burke, 62 Heath Street, addressed the board. She said that she was told that the land in question would not be developed because of the wetlands. She wanted to know what had changed to make the area buildable. She wanted to know if a marketability study had done to see if the duplexes would sell. She said that in the previous development many trees and stone walls were removed even though Heath Street is a scenic road. She said Heath Street is need of repair and would like special consideration given to the road because of the heavy machinery.
Vaillant said regarding the wetlands, the developer must be able to demonstrate that there is buildable land.
Doggett said the regulations don't require that developers provide marketability studies. The town can't tell a developer that he can't build a particular type of house because he doesn't have the ability to market it.
Doggett said the laws regarding scenic roads are concerned with the area along the shoulder of the road but do not go into the property.
McCarthy said the previous developer of Heath Street had not gone before the Conservation Commission and had clear cut a significant portion of the land. That developer is now aware of the scenic road ordinance and Mr. Marden is also aware of it.
White said that at the TRC meeting a 15' – 20' no-cut buffer had been discussed. Ms. Burke asked who enforces a no-cut buffer. Doggett said that would fall under the jurisdiction of the Code Enforcement Officer.
Miles said she would like to see a drainage study. The water should be kept on the site and not be allowed to move down the street.
Miles moved to conduct a site walk at the property on Heath Street on Saturday, August 21st at 10:00 AM. Second by White. Motion carried unanimously.
Mr. Marden suggested that the group meet at the chained off area.
Keith Norton, 66 Heath Street addressed the board. He was opposed to duplexes being built on the property. He was concerned that the duplexes would bring down property values in the area. He was also concerned about the high water table and the poor condition of the road.
Doggett said that the area is zoned as Residential B and the board can't require that single family homes be built but the neighbors could address those concerns to the developer.
Mr. Quintal said he submitted the waivers for good reasons and he will also revisit the cluster development issue. He said he believed that the application was complete.
Milner moved to continue the public hearing until August 24th. Second by Gibbs. Motion carried unanimously.
4. Other Board Business:
White moved to accept the minutes of July 27, 2010 as written. Second by Vaillant. Motion carried unanimously.
Miles moved to authorize the Chair to sign the Operating Budget manifest dated 8/10/10 in the amount $138.27. Second by Gibbs. Motion carried unanimously.
Miles moved to authorize the Chair to sign the NPREA manifest dated 8/10/10 in the amount $179.27. Second by Gibbs. Motion carried unanimously.
- Discussion Regarding NPREA funds: Groth said that the fee schedule is currently included in the Policies and Procedures manual that was adopted by the board in a public hearing. He suggested removing the fee schedule from that document in a public hearing. Thereafter, the fee schedule could be adjusted without the need for a public hearing.
Miles suggested using a percentage for the minimum required balance amount rather than a flat rate. Vaillant suggested 10%, Doggett suggested 20%.
- Discussion Regarding Pond Knoll Estates: The Board discussed the construction at Pond Knoll Estates.
The chair directed the secretary to send a memo to building inspector and developer stating that the Planning Board will not sign off on any Certificates of Occupancy on any part of the development until the NPREA account has been replenished and the town engineer can review the site. A cost estimate from town engineer will also be required.
- Conceptual Review: This will be discussed at the next meeting.
- S&R Construction: The Board reviewed a letter from Steve Early dated 7/29/10 regarding stockpiling at 185 South Main Street. Doggett said the site is used for stockpiling materials which was permitted by the site plan. This is not an excavation site, there is no digging.
McCarthy said that the Conservation Commission regularly monitors the site.
Doggett said that once a Code Enforcement Officer is hired the board could ask him/her to review the site.
Vaillant said the property owners are not permitted to go below grade (excavate) and once the piles are gone they are done. The board agreed that it was appropriate for the Selectmen to sign the Intent to Excavate.
- Agricultural Committee Meeting: Vaillant said there was an Agricultural Committee meeting in East Kingston. She said that Newton should plan to have one at the Town Hall and to advertise in the CTN. White said in East Kingston, they advertised in the CTN and the Tribune and on cable TV. They also had the fire department distribute flyers to everyone in town and sent letters to key individuals.
The board will set a date for Newton's Agricultural Committee meeting at the next meeting.
- Administrative Assistant Resignation: Doggett read the administrative assistant's resignation letter, effective as of August 26th.
Vaillant moved to accept the resignation of the administrative assistant. Second by McCarthy. Motion carried 6-0-1 with Miles abstaining.
Vaillant moved to authorize the chair to begin advertising for a replacement. Second by Gibbs. Motion carried unanimously.
- LaCroix Subdivision Mylar:
Gibbs moved to authorize the chair to sign the LaCroix Subdivision mylar (Tax Map 5, Block 5, Lot 5). Second by White. Motion carried unanimously.
- RPC Sustainable Communities Grant Application:
Signing the letter is a show of support for the project.
White moved to send a copy of the letter to the Board of Selectmen with the recommendation that they sign it. Second by Miles. Motion carried unanimously.
5. Adjourn: The meeting was adjourned at 9:35 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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