NEWTON PLANNING BOARD
MINUTES OF PUBLIC MEETING
JUNE 14, 2011
1. Call to Order: Chairman Jim Doggett called the meeting to order at 7:01 pm.
In attendance were: Chairman Jim Doggett; Planning Board members Frank Gibbs, Ann Miles, and Robert Miller; Alternates Sandra Estabrook, Charles Melvin, and Chuck Whitman; BOS ex-officio Ray Thayer; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Estabrook to stand in for Vaillant.
Doggett appointed Whitman to stand in for White.
2. Town of Newton, NH preliminary consultation and pre-application review of proposed changes in land use.
a. Nick DeRoche and Henry Olshefsky – 85 South Main Street. Proposed addition of outside deck at Hen House Restaurant.
Melvin stepped down from the Board.
Nick DeRoche addressed the Board. Mr. DeRoche stated that the Hen House restaurant was proposing to add a 12 foot by 20 foot deck to the front of the building to provide an outdoor dining experience for its customers. He was looking for guidance from the Board on two issues:
- The state food and liquor licensing authority requires notification of town approval of outdoor food and liquor service in order to issue its license. Who in town government issues the official approval for outdoor food and liquor service?
- The use of the outdoor deck is intended to be seasonal in nature. There is no intention to increase the occupancy requirements of the building or the maximum allowed seating capacity. What are limits on seating for the outdoor deck?
Doggett stated that if seating was added to the deck the occupancy would increase. He asked if the applicants were looking to have an increase on the occupancy limits approved.
Henry Olshefsky addressed the Board. Mr. Olshefsky stated that the Hen House was not looking for approval of an increase on the occupancy limits. Seating would be rearranged both inside the building and out on the deck when the deck was in use. There would be no increase in the number of seats.
Doggett directed the applicants to contact the Board of Selectmen's office for information regarding outdoor food and liquor service.
Milner, based on his communication with the Health Officer and other Town departments, informed the Board and the applicants that there is no town authority that issues approvals for outdoor food and liquor service. The Town relies on the state licensing authority.
Miles stated that the building at this location has had a history of non-compliant issues. The Board should receive a current status update of all non-compliant issues from the building inspector.
Doggett stated that the applicants needed to show septic design plans for the entire property, not just the restaurant unit. The applicants also needed to provide a letter of authorization from the property owner authorizing the Hen House business owners to act as agents of the property owner.
Estabrook asked the applicants what was the proposed length of the ramp off of the deck.
Mr. Olshefsky stated that the ramp will be 30 feet long and conform to ADA regulations.
Miller asked the applicants how noise will be limited on the deck.
Mr. Olshefsky noted that the deck will keep smoking patrons in a smaller area of the outside lot. An eight foot high privacy lattice will also surround the deck to minimize noise of patrons outside.
Doggett noted that the applicants will need to show the following items on the plan submitted for approval:
- edge of pavement around deck and ramp delineated
- sturdy berm and vegetative plantings or columns added around deck and ramp (purpose of berm is to keep traffic from possibly hitting deck and protect patrons walking off of the deck)
- off pavement landing area at the end of the ramp to give patrons a place to stop before entering parking lot
- details of how noise will be limited
- specific lighting details including locations, type of lighting, and type of shielding
- specific hours of operation for the deck seating
Miles noted that if expansion of occupancy and seating limits were approved that use of the second floor of the building was not allowed due to fire suppression issues that still existed. The Board needed to hear input from the fire chief and building inspector regarding proper fire suppression and building requirements.
Groth noted that the applicants will need to show the following items on the plan submitted for approval:
- details on how the ramp off of the deck and the surrounding berm meet the landing area
- safe passage route for patrons from ramp to parking spots or pick-up area
- if the total occupancy will increase, demonstrate adequate parking capacity for entire site
- details on lighting scheme
Gibbs suggested making a list detailing the maximum number of employees, the maximum number of patrons, and the maximum possible total occupancy for the entire building including other businesses/units.
Doggett suggested adding stairs to the deck. The purpose of the stairs is to create another exit option off the deck in case of fire in addition to the ramp. The ramp could become blocked.
The Board came to a consensus that the proposed application would be classified as a minor non-residential site plan review for an amended site plan.
3. Town of Newton, NH presentation of final plans for improved road design of Rowe's Corner intersection.
Mike Vignale of KV Partners, LLC and landscape architect Arek Galle made a presentation to the Board detailing the final plans for the two options for improved road design of Rowe's Corner intersection being considered for submittal to the NHDOT 10 year plan for road improvement projects.
Mr. Vignale stated that, except for minor changes to parking locations, the final plans did not differ much from the previous concepts presented to the Board. He also noted that the access control improvements closing off the front of the store on the corner of Rt. 108 and Pond Street will be mandated by the NHDOT to alleviate traffic safety concerns.
Arek Galle presented illustrations depicting possible improved uses for the store front area. Better landscaping and outdoor seating could enhance commerce and bring more people to the area by creating a more inviting environment for the public to congregate.
Gibbs noted that the proposed parking locations on Rt. 108 in front of the store may be too close to Pond Street. Drivers accessing Rt. 108 from Pond Street may not have adequate sight distance to see oncoming traffic.
Mr. Vignale responded that the design of the entire project (with added curbs, landscaping, and narrower openings of access roads) will create a safer traffic environment than exists now by slowing down traffic entering the village area.
Miller asked what will keep drivers travelling southbound on Rt. 108 and northbound on Amesbury Road from going too fast across sidewalks at corners of roundabout.
Mr. Vignale responded that the improved road design (with the addition of raised islands, vertical curbs, a truck apron with a beveled granite edge, and posted speed limits) will create a visually narrower corridor field and slow drivers down.
Mr. Vignale noted that he will make changes to the plan to increase pedestrian safety. One change will be eliminating crosswalks across Amesbury Road and the southern portion of Rt. 108 entrances to the roundabout. Another change will be to move sidewalk to police station side of Amesbury Road.
Miles asked if there were any other options through targeted block grants for the town to determine the best use of the land in the Rowe's Corner area and aid future planning to nurture the development of the parcels in that area.
Doggett suggested that Groth examine how the town could use future targeted block grants to aid planning for redevelopment of the Rowe's Corner area within the confines of the Village District zoning ordinance.
Doggett stated that the Board will entertain a motion to adopt a final plan for submission to the NHDOT 10 year plan at the June 28 meeting.
4. Other board business.
a. Acceptance of minutes
Doggett presented the minutes of the May 24 meeting to the Board.
Groth requested that his comments regarding the proposed cell tower additions on page 3 of the May 24 meeting minutes be amended as follows:
Replace:
"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."
With requested revision:
"Groth stated that, per section XXVIII.VII.j of the Town zoning ordinance, the modification in the proposed plan requires a new Conditional Use Permit."
Gibbs moved to accept the minutes of the May 24 meeting as amended. Second by Whitman.
Motion carried unanimously with Thayer and Miller abstaining.
b. Manifests
Doggett presented the NPREA manifest to the Board. The invoices reflected payment to Town Counsel and Town Engineer for services in connection with Walnut Farm Road town acceptance process.
Gibbs moved to pay the NPREA manifest amount of $264.25 Second by Miles. Motion carried unanimously with Thayer abstaining.
Doggett presented the operating budget manifest to the Board. The invoices reflected payment of telephone bill, post office box fee, legal advertisements, and registration/mileage expenses for members to attend OEP Planning Conference.
Gibbs moved to pay the operating budget manifest amount of $548.41. Second by Miles. Motion carried unanimously with Thayer abstaining.
c. Correspondence
RPC training session -
Doggett presented a notice to the Board announcing a training session to be held by the RPC. He encouraged members to attend.
Milner informed the Board that the budget for training expenses had been depleted.
Doggett stated that he strongly supported training for Board members. He suggested unused funds on other budget lines could cover training expenses.
Doggett asked the Board members if they approved of using funds from other budget lines to cover additional training expenses. No objections were raised. The Board came to a consensus to use funds from other budget lines to cover additional training expenses.
Miles announced that Mary Allen received a service award at the recent RPC annual dinner. She suggested inviting Representative Allen to speak at the RPC meeting hosted by the Newton Planning Board in September.
Walnut Farm Road town acceptance process –
Doggett presented correspondence from the Town Counsel regarding deeds and easements for Walnut Farm Road.
Gibbs asked for clarification regarding the easement connected with the fire cistern.
Doggett suggested that the administrative assistant research the agreements connected to the Walnut Farm Road project and present the findings at the next meeting.
5. Adjourn: The meeting was adjourned at 8:42 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
| 
