NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
December 14, 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 Frank Gibbs and Ann Miles; BOS ex-officio Trisha McCarthy; and Circuit Rider planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
2. Jane Boulanger of Newton, NH requests a public hearing for a conditional use permit for a Home Based Business (bookkeeping) at 17 Pond Street. The property is referenced as Tax Map 10, Block 2, Lot 12.
Doggett opened the public hearing and read the abutters list. Abutters from Lapierre Revocable Trust property were present. Ms. Boulanger was in attendance and addressed the board. Ms. Boulanger stated that she would like to run a bookkeeping business in her home. She said that there would be a small sign in front and did not anticipate the business would cause disruption in the neighborhood.
Doggett asked for abutter comment. Mr. Lapierre stated that he had no problem with a home based business at that location.
White moved to approve a conditional use permit for a home based business at 17 Pond Street (10-2-12). Second by Gibbs. Motion carried unanimously with Miles abstaining.
3. 125 Development NH Corp. of Plaistow, NH continuation of a public hearing for a major non-residential site plan at Puzzle Lane. The property is referenced as Tax Map 14, Block, Lot 27-4.
Scott Frankiewicz was in attendance to represent the applicant. Mr. McDonough was not present.
Mr. Frankiewicz presented updated conceptual plans based on his discussions with the board over the last few months. Mr. Frankiewicz explained the major changes shown on this version of the plans. The changes are as follows:
- driveway leading to loading area behind building #1 moved entirely onto Lot 27-4, no longer crossing onto Lot 27-3 property,
- per the board's request, curbing added all along the back edge of the driveway and loading area to control stormwater runoff,
- dumpster moved further away from edge closest to wetlands,
- width of pavement for driveway accessing the front of the buildings widened to 24 feet,
- pavement behind building #2 has been reduced to allow more room between the pavement and the undisturbed buffer zone,
- size of building #2 has been reduced by 300 square feet to move it further away from the building setback limits
- radius of entrance for access driveway was increased to provide better sightlines and easier turning for larger trucks and,
- orange snow/construction fence has been installed for safety along border with residential development.
Mr. Frankiewicz also noted that he has addressed the concerns of the Conservation Commission. He needs to contact the commission to get on its agenda. He further stated that he has submitted a check to bring the NPREA account into good standing.
In closing, Mr. Frankiewicz stated his desire to get a final decision on waivers for the 50 foot undisturbed buffer zone between the driveway and the puzzle factory property and acceptance of the project by the board.
Doggett asked for abutter comments. Arthur Mitchell, president of the condominium association at 6 Puzzle Lane, addressed the board with his concerns. The concerns were as follows:
- Dumpster area behind building #1 should not be visible to the road and other property. The dumpster needs to be enclosed.
- Installation of the safety fence along the residential property took too long.
How are the stumps dug up on the property being disposed? Are there receipts showing proper disposal?
Parking spaces in front of buildings #1&2 meet directly with the driveway. This area is too tight for vehicles to park in front of parked cars while making deliveries. The delivery vehicles will block the driveway.
Driveway to loading area in back of building #1 is too tight for tractor-trailer trucks.
Mr. Frankiewicz responded to Mr. Mitchell's comments by stating that he wanted the board to know that:
- Mr. McDonough was a member of the 6 Puzzle Lane condominium association,
- Mr. Mitchell's views did not represent Mr. McDonough's views,
- the plan indicates an enclosed dumpster,
- tractor-trailer trucks will not be allowed to use the loading area behind building #1,
- signs will be installed to direct large truck traffic and,
- configuration of the parking relative to the driveway was approved by the town engineer and the fire chief.
White commented that the 24 foot width of the driveway next to the parking spaces should provide adequate space. If the 24 feet was enough room for two emergency vehicles to pass by one another, then there should be no traffic problem with a delivery truck parked next to the parking spaces.
White asked Mr. Frankiewicz for clarification on the extent of the curbing around the loading area behind building #1.
Mr. Frankiewicz replied that the curbing will extend to the back corner of the loading area. The remaining side where the dumpster is located will be blocked off with a wall. The wall and the sloping of the pavement toward the building should provide extra protection to the wetlands area behind the loading area.
Doggett asked for comments from the circuit rider planner. Mr. Groth stated that the snow storage area for building #1 was not noted on the plans and needed to be added. Mr. Groth also asked Mr. Frankiewicz to explain the process for a tractor-trailer to make a delivery at the two buildings.
Mr. Frankiewicz explained that the tractor-trailer would proceed past the buildings and turnaround in the circle at the end of the driveway. Once headed back, the truck would make the delivery in front of the buildings. For building # 2, the tractor-trailer could back into the loading door area and use the circle to turnaround to leave.
Miles stated that, in order to make a more informed decision, she needed to see more detailed plans than what was being presented to the board at this time. She needed to see topography, drainage, etc. to get a better understanding of how the plans fit the land. (i.e. Why can't the loading areas behind the buildings be connected with an access way to avoid the trucking traffic problems on the main access way?)
Mr. Frankiewicz responded that other versions of the plans show the details that Miles requested. Also, a connector between the loading areas is not possible due to a dramatic drop-off of the land in that area. Mr. Frankiewicz presented copies of the other versions of the plans to the board.
Miles requested that the hours of operation for construction need to be added to the plans.
Mr. Frankiewicz agreed to add the hours of operation to the plans.
Doggett suggested that the board determine the landscaping details for the narrow strip of land between the driveway and the lot line bordering the puzzle factory.
White asked about how the lighting will operate (i.e. timers or sensors).
Mr. Frankiewicz stated that he was not sure how the lighting operated, but will get the details to the board.
Mr. Frankiewicz explained that there was a 10 foot swale bordering the driveway pavement, then a 10 foot gas line easement from the swale to the property line. The swale will be covered with grass. There were no plans for any other type of landscaping. The swale was developed to help with stormwater management. Mr. Frankiewicz further explained the process for stormwater management and the multiple treatments of water before it is discharged into the surrounding environment.
Doggett asked if any board members wanted to provide more input regarding the landscaping of the narrow strip of land. No input was given. As a result of the lack of input, Doggett stated that the board is not requiring the narrow strip of land be tree landscaped.
Gibbs noted that the amount of material for the hardtop and base coat of the driveway indicated on the plans was not thick enough to prevent breakdown of the driveway by anticipated traffic volume. He suggested an increase to a minimum of 1 1/2 inches of top coat and 2 1/2 inches of base coat which would meet town specifications for roadways
Mr. Frankiewicz agreed to make this change to the plan.
Gibbs suggested that signage with specific directions for delivery trucks should be added to the plans.
Mr. Frankiewicz agreed to add signage to the plans.
Miles asked with what materials the turnaround circle at the end of the driveway will be constructed.
Mr. Frankiewicz replied that the circle, due to its temporary nature, will be made with crushed gravel.
Gibbs and Miles explained that crushed gravel for the turnaround circle will not be sufficient. In poor weather or wet seasons, trucks will get stuck and the surface will easily deteriorate.
Miles stated that she wanted to see how the circle area will be developed in future plans. The board needs to see how the phases are interconnected. Problems will occur in later phases, if items (such as turnaround circle construction) in earlier phase are not completed properly.
Mr. Frankiewicz explained that the circle area will not always remain a turnaround circle. Future phases of the plan call for a building to be developed on the circle location.
Gibbs stated that the circle needs to have hardtop, not just gravel.
Mr. Frankiewicz replied that he will consult with Mr. McDonough about the possibility of adding hardtop to the circle.
Miles suggested that the board define the hours of operation for construction and moving of materials.
Mr. Mitchell stated his desire for no work being done on Sundays. He also asked the board how the town enforces hours of operation.
Doggett and McCarthy explained that there are no town noise ordinances or regulations regarding construction hours.
Miles stated that hours of operation limits needed to be determined by the board and noted on the plans.
Doggett asked Mr. Frankiewicz for input regarding hours of operation.
Mr. Frankiewicz, with input from Gibbs, suggested MON-FRI 7am-6pm, SAT 8am-3pm, SUN No Operations.
Doggett requested that Mr. Frankiewicz add the above hours of operation to the plans.
Mr. Frankiewicz agreed to add the hours of operations to the plans.
Doggett also requested that complete traffic signage and signage verbiage should be added to the plans.
Mr. Frankiewicz agreed to add the signage and verbiage to the plans.
Miles moved for the planning board to accept jurisdiction of the application for a major non-residential site plan at Puzzle Lane. The property is referenced as Tax Map 14, Block 1, Lot 27-4. Second by Gibbs. Motion carried unanimously.
White moved to continue the public hearing to the January 11, 2011 public hearing. Second by Miles. Motion carried unanimously.
4. David Storey of East Kingston, NH requests a release of the entire remaining performance bond for Kenwood Drive and Storey Lane (Storey Estates) project.
Doggett presented memos indicating NPREA account in good standing and road acceptance by Planning Board, Board of Selectmen, and Road Agent.
Gibbs moved to send a memo to the Board of Selectmen recommending the release of the entire remaining amount of the road performance bond for the Storey Estates project to David Storey. Second by McCarthy. Motion carried unanimously.
5. Village District Warrant Article Language
Doggett suggested removing language specifying minimum lot area and minimum lot frontage. The board came to a consensus to delete language specifying minimum lot area and minimum lot frontage.
Gibbs noted that the setback limits specified in the warrant article do not concur with the town zoning ordinances.
Doggett and Miles noted that the setbacks in the warrant article were narrower than the zoning ordinances to create a village district atmosphere in that zone.
Gibbs did not agree with changing the setback limits. He did not agree with having buildings closer to the road.
Gibbs moved that the setbacks concur with the town zoning ordinances. No second.
Miles suggested that the board discuss the language regarding pedestrian walkways. Miles stated that the word 'shall' was too strict and did not allow for flexibility.
Doggett noted that the owner of an occupied dwelling must provide a walkway to the dwelling.
Groth suggested the walkway be ADA accessible.
The board came to a consensus to add language that the planning board may require ADA accessible pedestrian walkways.
White and McCarthy asked if owner-occupied dwelling language was included in the warrant article.
Doggett stated his desire to have owner-occupied dwelling language included to avoid the situation of absentee landlords. The original idea of the village district concept was to give more opportunities to residents to offer resident services.
Miles stated her belief that owner-occupied language was too restrictive. There is a need to provide flexibility to generate various entrepreneurial opportunities.
McCarthy stated that owner-occupied language could be included with language allowing the planning board to approve exceptions. This language would offer some flexibility while still adhering to the concept of owner occupancy.
The board came to a consensus to add language that the property owner must occupy one of the units, where there is a residential use, unless otherwise approved by the planning board.
Groth suggested eliminating language that allowed no more than one principle residential structure per lot to provide more flexibility for some residents whose property may not conform at the present time.
The board came to a consensus to delete language allowing no more than one principal residential structure per lot.
Miles moved to include the proposed Village District Zoning Ordinance as amended on the Town Warrant. Second by White. Motion carried 4-1 with Doggett opposed.
6. Sargent Woods occupancy permits.
Doggett presented 3 additional occupancy permits for the Sargent Woods project requiring board approval. Doggett asked if any members had an objection to the chairman signing the permits. No objections were stated. Doggett signed the permits.
Gibbs moved to authorize the chairman to sign the occupancy permits for the remaining units in Phase I of the Sargent Woods project as they become completed. Second by Miles. Motion carried unanimously.
7. Expiration of approved plans and calculation of available elderly housing units.
Doggett explained that this subject was being presented to the board for discussion due to inquiries to the board regarding Jacob's Village 55+ project and Fitzgerald Estates 55+ project.
Administrative Assistant Rick Milner explained that the inquiries were as follows:
- A bank that owned the Jacob's Village property wanted information about the property in order to correctly represent it to prospective buyers. They noticed some discrepancies that they wanted the board to more clearly define.
- In their research of these same inquiries, staff in some town departments asked the board for clarification regarding plans for the Fitzgerald Estates and Jacob's Village projects. In order to ensure the accuracy of their estimates of available elderly housing in the town and to facilitate their administration and oversight of properties in the future, the staff inquired if approved plans expire.
Miles stated that the board should not be enforcing the expiration limits on approved plans. Developers have made significant financial commitments to their properties. In slower economic times, developers may not have the resources to build as quickly as in a stronger economic environment. The board needs to be more flexible when dealing with larger development projects. Revoking approved plans may also negatively impact a developer's ability to sell the land or project. This decision could leave the board open to legal action.
Doggett asked the board for permission to contact town legal counsel to obtain recommendations regarding expiration of approved plans. The board came to a consensus to permit Doggett to contact the town legal counsel.
8. Other board business.
a. At White's request, Groth presented application to add the Village District road design project to the NHDOT 10 year plan for improvements. The purpose of the application is to officially inform the NHDOT of the project and start their approval process. White also noted that another purpose of the application was to obtain funding for the construction of the project.
- Groth presented agreement between the RPC and the board regarding the RPC's consulting services for the Village District road design study for the board's approval. White moved to have the chairman sign and notarize the RPC agreement. Second by Miles. Motion carried unanimously.
c. Disposition of older NPREA accounts.
- Scott Boches/Essex Equity – Miles moved to refund remaining balance in the account. Second by White. Motion carried unanimously.
- Donald and Janet Gavin – Miles moved to refund remaining balance in the account. Second by McCarthy. During discussion of the motion, the board came to a consensus not to take any action on the account at this time. Miles removed the motion from consideration.
- David Storey/Davlynn Development – Miles moved to refund remaining balance in the account. Second by Gibbs. Motion carried unanimously.
- Sara Realty LLC – The board came to a consensus to consult with town legal counsel on how to proceed with obtaining funds owed to the account.
- CBI – Miles moved to refund remaining balance in the account. Second by White. Motion carried unanimously.
- Francis Hebb – Gibbs moved to close the account. Second by McCarthy. Motion carried unanimously.
- S&R Realty LLC – The board came to a consensus to take no action and keep the account active.
- Board presented 2011 meeting schedule.
- Acceptance of minutes.
White moved to accept the minutes of the November 9 and 23 meetings. Second by Gibbs. Motion carried unanimously.
Gibbs moved to pay the operating budget manifest amount of $194.50. Second by White. Motion carried unanimously.
Gibbs moved to pay the NPREA manifest amount of $1461.16. Second by McCarthy. Motion carried unanimously.
Doggett stated that he wanted the town engineer or circuit rider planner to review all mylars before the board signs them. The board came to a consensus that the chair can sign the mylars upon the approval of the town engineer.
9. Adjourn: The meeting was adjourned at 10:20 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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