NEWTON PLANNING BOARD
MINUTES OF WORK SESSION AND PUBLIC MEETING
FEBRUARY 22, 2011
1. Call to Order: Chairman Jim Doggett called the meeting to order at 7:06 pm.
In attendance were: Chairman Jim Doggett; Vice Chair Barbara White; Planning Board members Frank Gibbs and Ann Miles; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Milner to stand in for Pettit for the evening.
2. Town of Newton, NH preliminary consultation and pre-application review of proposed changes in land use.
- Michele Shepherd – 8 Sarah's Way, multiple home-based businesses.
Ms. Shepherd asked the board when the procedure for obtaining planning board approval for a home-based business was established.
Doggett replied the procedure pre-dated 1986. Procedures are established as soon as a relevant zoning ordinance is enacted. He would need to research the matter to obtain more specific information.
Ms. Shepherd submitted some history of the businesses at her property. She stated that Blue Wave Martial Arts was established at her property in 1997. Prior to establishing the business, she went to Town Hall to ask what the procedure was for establishing a business in the Town of Newton. Ms. Shepherd stated that she was told that there was no regulatory board procedure to follow or business licensing required as long as the business did not encompass more than 25% of the square footage of the living space. She established the business in good faith based on the information that was provided.
Ms. Shepherd asked the board to define the terms 'home occupation' and 'home-based business' used in the town zoning ordinances.
Groth explained that the definitions are included in the zoning ordinances.
Doggett noted that the zoning ordinances, including definition of terms, are available for viewing at the Planning Board office and on the town web site.
Ms. Shepherd asked the board how many businesses have gone through the planning board approval process and been registered with the town.
Doggett explained, according to his recollection, four businesses have gone through the process in the last year. He also noted that the home-based business approval process is not new. He went through the approval process for his own business in 1985. However, there are no records maintained that list all businesses in the town.
Ms. Shepherd stated that she was misinformed by Town Hall at the time she established her business. She has been operating her business in good faith.
Milner stated that the board is not claiming that Ms. Shepherd is acting in bad faith. An official complaint has been filed with the code enforcement department that multiple businesses are operating at Ms. Shepherd's residence. This is a violation of the town zoning ordinances. Ms. Shepherd has admitted that the multiple businesses exist. Even though the business has been operating for an extended period of time, the town is required to follow up on the complaint. The town cannot ignore the violation and must act to correct the situation.
Ms. Shepherd asked for a verbal description of the difference between a home occupation and a home-based business.
Doggett explained some of the criteria that define the difference between a home occupation and a home-based business. The criteria for a home-based business allow clients to come to the home to conduct business and adequate off-street parking to accommodate this increase in traffic. The criteria for a home occupation require that the business be conducted entirely within the confines of the home. There should be no evidence of the business detectable from outside the home.
Groth further explained that the ordinances do not require prior approval for a home occupation, but do require prior approval for a home-based business.
Ms. Shepherd stated that Groth's statement was in conflict with what she was told in her correspondences with code enforcement. In these correspondences, she was told that she needed board approval for the home based-business and the home occupation.
Milner noted that the issue with Ms. Shepherd's businesses was not which business required board approval, but that multiple businesses existed. The ordinance clearly states that "no more than one home occupation or home-based business (per property) is permitted."
Ms. Shepherd asked the board what would happen if her business was established before the zoning ordinance was put in place.
Groth explained that the business would be classified as a pre-existing and non-conforming use. The business would be allowable.
Doggett noted that the ordinance was in place prior to 1997. Therefore, Ms. Shepherd's business would not qualify for this classification.
Groth explained that Ms. Shepherd will have to apply with the Planning Board for a site plan review and home-based business approval for the martial arts business regardless of the misinformation provided by Town Hall in the past. He also noted that the board may need to review whether Ms. Shepherd's bookkeeping business is a home occupation or simply a job.
Ms. Shepherd asked the board what would be the procedure for having the bookkeeping business classified as a home occupation, a home-based business, or neither.
Doggett explained that the matter could be addressed during Ms. Shepherd's public hearing for approval of the martial arts business. Ms. Shepherd could submit a letter with the application requesting the board make a declarative statement regarding the classification of the bookkeeping business. In order to make its determination regarding the bookkeeping and other businesses, the board would need Ms. Shepherd to provide any state and federal tax documents regarding her businesses.
Ms. Shepherd asked the board if it was possible that the board make its determination regarding classification of her multiple home-based businesses before she submits an application for approval of a home-based business. The board's determinations could affect which business she chooses to continue to operate.
Ms. Shepherd and the board came to an agreement to discuss the various businesses at her property individually at the March 22, 2011 work session meeting to make a determination of the classification for each business. Ms. Shepherd agreed to submit a letter requesting this determination discussion and any applicable documents to the Planning Board by March 15, 2011. The board also notified Ms. Shepherd that the next public hearing in which her conditional use permit application for a home-based business could be placed on the agenda will occur on April 12, 2011.
- Keith Camire, Puzzle Lane Lot 27-4 Phase I, organic compost business.
Scott Frankiewicz was present representing the owner of the Puzzle Lane property. Keith Camire and Dan Oliveira were present representing Evergreen Materials Management.
Mr. Frankiewicz explained that the gentlemen from Evergreen Materials Management were interested in renting space at Building #1 on Lot 27-4 Phase I at Puzzle Lane to establish an organic composting business. Mr. Frankiewicz noted that no contract has been signed. The gentlemen are exploring options for the business location.
Mr. Camire stated that he was looking for information regarding town approval for the organic composting business.
Milner asked for a description of the business operations.
Mr. Camire explained that the company would be collecting food scraps from restaurants, supermarkets, schools, etc. and bringing them back to the facility for processing. The anaerobic (without oxygen) processing would occur wholly inside a machine that shreds the scraps and produces the compost using bacteria and fungi. The machinery used does not allow the scraps to touch the ground.
Miles asked the prospective applicants if they have any experience with this type of business.
Mr. Camire said that he and Mr. Oliveira have a background in the waste management business. They have not operated this type of business before.
Miles expressed her concerns regarding waste being trucked into the town and what will be trucked out of the facility. She further stated that the proposed location of the business is near an aquifer. This area has been zoned as light industrial to prevent the possible introduction of organic waste from the food chain into the aquifer. She suggested that the prospective applicants present a detailed position paper to the board addressing where and how this type of business has operated successfully and more specifics regarding the facility operations.
Doggett expressed his concerns regarding the storage of the composted product outside. In order to protect the aquifer replenishment area from contamination, extreme measures should be taken to contain any such product. The prospective applicants needed to present a thorough plan detailing how they would keep the site clean and free from contamination.
Mr. Frankiewicz stated that the prospective applicants wanted to have an understanding if the proposed use was even permitted in that zone.
Miles suggested that the board be polled for its preliminary opinion regarding the permissibility of the proposed use at this location.
White expressed her concern regarding the transfer of the waste from the trucks to the processing vessel. Waste could be spilled and inadvertently cause contamination.
Mr. Camire and Mr. Oliveira stated that there is no dumping and shoveling of waste. The process and machines used would transfer the waste directly to the processing vessel. No waste would fall on the ground.
Through a polling of its members (4-0-1 vote), the board expressed its preliminary opinion that the proposed organic composting business was not a permitted use.
- Mike Garvey, 13 Maple Avenue, build a barn on property.
Mr. Garvey expressed his desire to build a storage barn in the back section of the property. The barn would be used for storage of cars, boat, and riding equipment for his personal use. Mr. Garvey presented a preliminary plan indicating the location of the proposed structure on the lot.
Miles and Doggett noted that some existing buildings were missing from the plan. The existing buildings and any driveways for access to or egress from the proposed structure needed to be added to the plan.
Groth noted that the size, height, and building setbacks of the barn conform to town regulations.
Mr. Garvey stated that the building department requested that he get the board's approval before obtaining a building permit.
White and Miles asked Mr. Garvey to clarify the intended use of the barn. White noted that Mr. Garvey previously came before the board seeking approval for a tent rental business at this property. She asked if it was still his intention to operate this business and use the barn to store materials for this business.
Mr. Garvey stated that this barn would be for personal use only. There will be no business use.
Miles moved for the board to grant conditional approval for the building of an accessory structure (a barn as described in the plan presented to the Planning Board) at 13 Maple Avenue. The conditions are as follows:
- All existing and/or proposed buildings and driveways missing from conceptual plan are added to final plan presented to the board.
Second by Gibbs. Motion carried unanimously.
- Ray Bateman, 21 South Main Street, expand number of gas pumps on property.
Dennis Quintal was in attendance to represent the applicant. Mr. Bateman was not present. Mr. Quintal presented to the board a conceptual plan for the addition of a second row of gas pumps at the Rt. 108 General Store. The plan included the elimination of a section of a building to allow more space for increased traffic.
Mr. Quintal stated that the owner of the property has experienced a large volume of traffic at the gas pumps during night time and weekend hours when other area gas stations are closed. The increased volume has created traffic back-ups at the location. To alleviate the back-ups during peak customer hours, the owner wishes to add the extra row of gas pumps. During the planning process for adding another island for gas pumps, it was determined that the building section needed to be removed to create a more efficient traffic pattern at the location.
Mr. Quintal asked the board for direction on which process to follow to obtain approval for the project.
Miles asked for clarification of the product dispensed at the new pumps.
Mr. Quintal stated that the product dispensed would be gas and diesel fuel; the same as at the existing pumps.
White asked if there was any intention to eliminate the parking in front of the general store and relocating the parking to the side of the building. Customers backing out of the parking spots in front of the store onto Rt. 108 create a dangerous situation. Relocating the parking to the side of the building would be a safer alternative.
Doggett suggested adding another island or small berm in front of the general store to prevent customers from parking in front of the building.
Due to the proposed building section elimination and possible increased customer traffic, Milner suggested that parking locations for the entire property be added to the plan.
Mr. Quintal stated that he would review the overall parking scheme for addition to the next version of the plan.
Doggett expressed his concern that the turning radii around the existing concrete islands may not be adequate. Also, the existing islands may need to be extended to better direct traffic flow.
Mr. Quintal asked which procedure needed to be followed to obtain approval for the project.
Groth noted that the project falls under the procedure for a minor non-residential site plan review for an amended site plan.
Doggett suggested that any changes in the type of canopy installed over the pumps needed board review and should be added to future versions of the plan. The board wanted to preserve the appearance and character of the neighborhoods inherent to the Town of Newton.
Doggett also noted that, presently, some parking is located on a sandy surface or gravel. In future versions of the plan, all parking needed to be located on an impervious surface.
Gibbs noted that the building setbacks of the pumps needed further review. Measurements should be taken from the overhang of the canopy, not the concrete island below. Also, the driveway positioned along the side of the lot behind the hardware store building should be labeled as a "Fire Lane," not an "Access Lane."
Doggett asked for additional comments.
Town resident Sandra Estabrook addressed the board. She expressed her concern that this lot is congested as it exists now. Any additional pumps may not alleviate the congestion, but create a larger problem. She asked the board to consider if there is enough space at the location to safely accommodate the increased traffic and delivery trucks entering/exiting the location.
Groth noted that the town engineer should review the project prior to approval to ensure all traffic issues are addressed.
Milner asked if the gas storage tanks will be changed due to the creation of additional pumps.
Mr. Quintal stated the storage tanks will remain the same.
Groth noted that the setbacks indicated on the plan may not conform to the regulations for a commercial zone. The setbacks should be reviewed for future versions of the plan.
Miles suggested that all uses on the site, including clothing drop-off boxes and other outdoor services/structures, be included on a site plan. The space taken up by these structures and the vehicles using them needed to be accounted for during the site plan review process. All intended uses need to be reviewed.
a. Acceptance of minutes
Gibbs moved to accept the minutes of the February 8 meeting. Second by White. Motion carried 4-0-1 with Miles abstaining.
b. Correspondence
Doggett presented the notice of decision regarding conditional approval of the Puzzle Lane Lot 27-4 Phase I project.
Milner presented incoming correspondence regarding the Rockingham County Superior Court Notice of Decision to dismiss the case of Sara Realty, LLC v. Town of Newton due to inaction on the part of any party.
4. Adjourn: The meeting was adjourned at 9:07 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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