NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
MAY 24, 2011
1. Call to Order: Chairman Jim Doggett called the meeting to order at 7:05 pm.
In attendance were: Chairman Jim Doggett; Vice Chair Barbara White; Planning Board members Frank Gibbs and Kim Vaillant; Alternates Sandra Estabrook and Charles Melvin; BOS ex-officio Trisha McCarthy; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Melvin to stand in for Miller.
Doggett appointed Estabrook to stand in for Miles.
Ann Miles arrived at 7:15 pm.
2. Town of Newton, NH public hearing to consider change to Planning Board policies and procedures regarding schedule of fees.
Doggett opened the public hearing. Doggett asked for input from the public or Board members. With no input being given, Doggett closed the public hearing.
White moved for the Board to accept the revision of the Town of Newton Planning Board application fee schedule for proposed structures or expansions over 5,000 square feet to not exceed $3,500.00. Second by Melvin. Motion carried unanimously.
3. Town of Newton, NH preliminary consultation and pre-application review of proposed changes in land use.
a. Daniel and Laurie Giroux – 21 South Main Street. Proposed used car sales, repair, and inspection business.
Melvin and Estabrook stepped down from the Board.
Daniel Giroux addressed the Board. He stated that he wanted to move his used car sales and repair business currently in operation in Plaistow to the 21 South Main Street location. The new location offered better facilities (garage and store front) to repair and inspect vehicles. The location also offered more space to increase the number of cars to be put on display and sold at any one time from one to six. This would help improve the income of the business.
Doggett asked Board members if they had any questions for the prospective applicant.
Gibbs stated that the businesses located at this location were all illegal businesses since none of the businesses indicated on the plan presented to the Board were approved by the Planning Board. He asked if there was an approved site plan available.
Doggett noted that there was a court decision that prohibited the Board from conducting a site plan review of this property in the past.
Milner stated that research of the 2004 court decision found that the owner of the property was not required to undergo a site plan review at that time.
Doggett stated that, since the proposed business was a change of use at the location, the Board was authorized to review the plan at this time. The Board needed to determine if the change required a minor or major site plan review process.
Groth concurred that the proposed business was a change of use at the location. He also noted that the use may be in conflict with the approved uses for the newly created Village District Zone in that area.
Doggett suggested that the Board make a determination whether the proposed business was allowed in the Village District Zone.
McCarthy, White, and Vaillant stated that the proposed business would be acceptable since it fit in with the historical uses of the property and the area.
Miles had no problem with the proposed business existing at this location as long as the Planning Board approves of the appropriate signage on the front of the building and number of cars stored on the property.
Gibbs stated that he had no problem with the business existing at this location.
The Board came to a consensus that the proposed business was an allowed use at this location. The Board also came to a consensus that a minor non-residential site plan review process would be followed for final approval of the business.
b. New Cingular Wireless PCS, LLC – 85T South Main Street. Proposed antenna and equipment additions to existing cell tower.
Melvin stepped down from the Board.
Doggett appointed Estabrook to stand in for Miller.
Kristen Smith of Tilson Technology Management was present to represent AT&T/New Cingular Wireless PCS, LLC. Ms. Smith stated that AT&T wanted to add three panel antennas in between the existing antennas in its location on the cell tower at 85T South Main Street. Six remote radio heads will also be installed on the inside of the antenna array. The equipment is being installed to improve and speed up wireless data services.
Ms. Smith asked the Board for guidance regarding the proper procedures to follow to get the equipment change approved as quickly as possible.
Vaillant and Doggett noted that the proposed additions will occur within AT&T's existing location on the tower.
Milner advised the Board that the proposed antennas are larger than the current antennas. If mounted according to the plan, the new antennas will stick up a few feet above the 150 foot height restriction for cell towers stated in the Town zoning ordinance. The Board needed to determine if:
- the height restriction referred to the tower only and allow the antennas to be mounted according to the plan,
- require the antennas be mounted at a lower height, or
- require a variance from the height restriction be obtained.
Ms. Smith agreed that, if mounted according to the plan, the antennas will exceed the height restriction. A lower mounting position for the new antennas may not be possible due to space limitations under the proposed location.
Doggett stated the Planning Board could not allow a mounting plan for new antennas that exceeded the 150 foot height restriction. If the antennas were to be mounted according to the plan, a variance from the height restriction issued by the Zoning Board of Appeals would be required.
Groth stated that, per the Town zoning ordinance, the modification specified in the proposed plan required a Conditional Use Permit (through a major site plan review) be obtained. A minor non-residential site plan review was not sufficient.
Miles stated her concern that the pending structural analysis of the modifications on the cell tower may require significant structural changes to the cell tower. This would create the need for a major site plan review process.
Doggett stated his concern that the emissions report for the project reflects the cumulative emissions of all of the tower's antennas, not just AT&T's antennas.
The Board came to a consensus that AT&T's proposed modifications to the cell tower at 85T South Main Street required the issuance of a Conditional Use Permit by the Planning Board using the major site plan review process.
4. Maplevale Builders, LLC request to begin town acceptance procedure for Walnut Farm Road.
Vaillant stepped down from the Board.
Doggett appointed Melvin to stand in for Vaillant.
Attorney Jeffrey Merrill was present to represent Maplevale Builders, LLC.
Mr. Merrill stated that he was petitioning the Planning Board to recommend to the Board of Selectmen that they accept Walnut Farm Road as a Town road. He also was requesting a reduction in the road maintenance bond to 10% of the original bond amount per the Board's road acceptance procedure. In support of his petition, Mr. Merrill stated that:
- all of the road improvements are complete,
- all deeds and easements have been submitted to the Town Counsel for review, and
- complete as-built plans have been submitted to the Town.
Vaillant expressed her concern that a problem with beavers blocking the natural flow of water through a culvert under Walnut Farm Road would become the responsibility of the Town to maintain. The developer should be responsible for correcting the situation before the Town accepts the road.
Gibbs stated that the blockage was the result of previous inaction on the Town's part to correct the beaver problem. The developer should not be responsible for correcting the problem.
McCarthy noted that the Town can only take action to correct damage caused by beaver activity on Town-owned property. The Town has no rights or available funds to take action on private properties. In the best interests of the residents surrounding the Walnut Farm Road area, the Town needs to resolve the problem at this particular location as part of the road acceptance process.
Miles moved to send a memo to the Board of Selectmen recommending that the amount of the road performance bond for Walnut Farm Road be reduced to 10% of the original amount of the bond. Second by Estabrook. Motion passed 5-2 with McCarthy and Melvin opposed.
The Board came to a consensus to authorize the Town Counsel to begin his review of the deeds and easements for Walnut Farm Road. The Board also authorized the Town Engineer to review the as-built plans for Walnut Farm Road.
5. Other board business.
a. Acceptance of minutes
Gibbs moved to accept the minutes of the May 10 meeting. Second by White. Motion carried unanimously.
b. Manifests
Doggett presented the operating budget manifest to the board. The invoice reflected payment of office supplies to complete zoning ordinance manuals for Board members and various Town departments.
Gibbs moved to pay the operating budget manifest amount of $110.73. Second by White. Motion carried unanimously.
c. Correspondence
Doggett presented to the Board the RPC's willingness to have Newton host the RPC's September monthly meeting. He asked for Board consensus to approve hosting the meeting at Town Hall. The Board came to a consensus to offer to host the RPC monthly meeting.
6. Adjourn: The meeting was adjourned at 8:49 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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