NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
FEBRUARY 8, 2011
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 Frank Gibbs; BOS ex-officio Ray Thayer; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Milner to stand in for Miles for the evening.
2. 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 1, Lot 27-4.
Scott Frankiewicz was in attendance to represent the applicant. Mr. McDonough was not present.
Mr. Frankiewicz presented revised plans based on his responses to review letter by town engineer.
Doggett noted that only issue remaining on town engineer review of plans was a minor revision to the specifications for a wheelchair ramp.
Mr. Frankiewicz stated that the plans were awaiting final approval by NHDES for alteration of terrain permit.
Doggett asked for circuit rider planner comments.
Groth stated that he had no concerns with the plan as it stands at the present time.
White asked if the note regarding culvert maintenance on sheet 7 of the plans needed to specify that the property owner is responsible for the maintenance of the culvert.
Mr. Frankiewicz stated that the note is standard for most plans. All permits are applicable to the owner. The owner will be responsible for maintenance of the culverts.
White asked which page of the plan will be recorded at the registry.
Mr. Frankiewicz explained that the registry prefers pages that clearly show the boundary lines of the property. He suggested the site plan presentation on sheet 4 would be the best option for recording. Mr. Frankiewicz added that he could provide any information that the town wanted on the recorded page. He could also provide mylar copies of the plan to the board.
White stated that Mr. Frankiewicz had added many of the concerns of the board to the notes on the plan. However, the notes were scattered on different pages in the plan. She suggested that certain notes be added to the recorded page of the plan.
Mr. Frankiewicz stated that the board will have a copy of the final revision of the plan that could be referenced for the notes. He could add a note to all the pages of the plan stating that these pages are part of the final recorded version of the plan.
Doggett asked for abutter comments. Jaime Fitzpatrick of 15 Walnut Farm Road addressed the board.
Mr. Fitzpatrick asked for clarification about which part of Lot 27-4 this plan included.
Milner explained that this plan (Phase I) only included the front portion of the property. The back portion of the property would be part of another plan (Phase II).
Doggett asked Mr. Frankiewicz to provide details about a proposed business for this site.
Mr. Frankiewicz explained that the owner of the property had discussions with a company that wanted to rent space to establish an organic compost facility. The nature of the business entailed the recycling of food products within a self-contained unit resulting in compost as the final product. Mr. Frankiewicz further explained that no contract has been signed between the parties to rent the space. He suggested to the company representatives to meet with the town and the planning board. He explained that the company will not proceed further without town approval of the business.
Doggett explained that this type of business was a concern to the board due to the proposed outdoor storage of compost within an aquifer protection area. According to the town zoning ordinances, this proposed use may not be allowable. If the use is allowable, a new site plan review would be required.
Groth noted that the plan as presented to the board at this time detailed office and warehouse space as the use. The proposed business would be a change of use that would require a new site plan review.
Gibbs moved for the board to grant conditional approval for the major non-residential site plan referenced as Puzzle Lane Lot 27-4 Phase I (Tax Map 14, Block 1, Lot 27-4). The conditions are as follows:
- Applicant obtains approval for all required state permits
- Applicant adds notes required by the board to the page of the plan recorded at the registry.
- Applicant provides a Clean Letter from the town engineer.
- Applicant provides a letter indicating his acceptance of Town of Newton engineering oversight during construction to actively monitor construction activities to ensure compliance with approved plans.
- Any outstanding NPREA fees or invoices are paid.
Second by White. Motion carried 4-0-1 with Thayer abstaining.
Mr. Frankiewicz again suggested adding the board's notes to sheet 4 of the plan. Sheet 4 was the cleanest option and had the best chance to get approved for recording at the registry.
White asked if Mr. Frankiewicz had obtained any receipts for stump removal.
Mr. Frankiewicz stated he did not have any receipts at this time. He explained that he met with the Conservation Commission. Stump removal was discussed at this meeting. He stated that the Conservation Commission seemed satisfied with the plan for stump removal in the spring.
Doggett presented the As-Built plans and certificates of occupancy for Lot 27-1 Phase II for the board's consideration. Doggett noted the board's concern with two major discrepancies between the approved plans and the as-built plans. The discrepancies were:
- a tree buffer between the lot and an abutting residential property was missing and
- a dumpster was missing.
Mr. Frankiewicz presented the board with letters from Mr. McDonough committing to plant the tree buffer in the spring and stating that the dumpster at the adjoining building was adequate for both buildings. The letters further stated that the size of the dumpster would be increased if it was found to be inadequate.
Doggett stated that one of the certificates of occupancy needed to be changed because it noted two units and only one unit existed. Two units cannot be approved on the same permit.
Mr. Frankiewicz stated that he would change the certificate to reflect one unit. He then made the change to the certificate. He also presented completed commercial business registration forms for the units noted on the certificates of occupancy.
Gibbs moved to authorize the chairman to sign the three certificates of occupancy for Lot 27-1 Phase II before the board at this time. Second by White. Motion carried 4-0-1 with Thayer abstaining.
3. Other board business
a. Copier contract renewal
Gibbs asked if there was a change in the dollar amount for copier services.
Milner replied that there was a $30.00 increase.
White asked if the past and present administrative assistants have been satisfied with the services provided by the copier services contractor.
Milner replied that he was satisfied with the contractor's services. The contractor recently fixed a mechanical problem in an efficient and customer-friendly manner.
White moved to authorize the chairman to sign the one year renewal contract with the copier services provider. Second by Gibbs. Motion carried unanimously.
b. Acceptance of minutes
Doggett presented the minutes for January 25, 2011; November 8, 2010; and September 14, 2010 meetings. Doggett explained that the minutes from 2010 detailed non-public sessions that occurred during transition period for administrative assistant position. The board needed to complete this task that was missed during the transition period.
Gibbs moved to accept the minutes of the January 25, 2011; November 8, 2010; and September 14, 2010 meetings. Second by White. Motion carried 4-0-1 with Thayer abstaining.
c. Manifest
Doggett presented the operating budget manifest to the board. The invoice reflected payment of telephone bill.
Gibbs moved to pay the operating budget manifest amount of $56.28. Second by White. Motion carried unanimously.
d. Sargent Woods
Doggett notified the board that new as-built plans for the Sargent Woods project are available for review. Doggett added that he had signed additional certificates of occupancy for the Sargent Woods project per the board's previous authorization.
e. NPREA accounts
Milner notified the board of a request by Jane Boulanger for the board to refund the remaining balance of the NPREA account for her home based business application approval.
Gibbs moved to release to Jane Boulanger the remaining balance in the NPREA account for her home based business application approval. Second by White. Motion carried unanimously.
f. Incoming correspondence
Thayer notified the board that the code enforcement action referred to in the board's incoming correspondence had not been finalized. The investigation was still ongoing.
Milner notified the board of a letter the board received from an engineering firm. The letter announced the opportunity to apply for $10,000 worth of engineering services. The board came to a consensus to have Groth make inquiries as to the Town of Newton's eligibility for this grant.
4. Adjourn: The meeting was adjourned at 7:56 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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