NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
AUGUST 9, 2011
1. Call to Order: Chairman Jim Doggett called the meeting to order at 7:03 pm.
In attendance were: Chairman Jim Doggett; Vice Chairman Barbara White; Planning Board members Frank Gibbs and Robert Miller; Alternates Charles Melvin and Sandra Estabrook; BOS ex-officio Trisha McCarthy; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Estabrook to stand in for Vaillant.
Doggett appointed Melvin to stand in for Miles.
2. AT&T Mobility Services of Framingham, MA on behalf of New Cingular Wireless PCS, LLC requests a public hearing to obtain a Conditional Use Permit for the modification of telecommunications antennas on an existing monopole at 85T South Main Street. The property is referenced as Tax Map 13, Block 2, Lot 24T.
Doggett opened the public hearing.
Melvin stepped down from the Board.
Attorney Lisa Fearon was in attendance to represent the applicant. Ms. Fearon stated that the applicant was requesting approval of a conditional use permit to install three new antennas on the existing monopole at the site, install a new equipment shelter to an existing concrete pad, and install equipment to support the antennas. There would be no disturbance of earth on the site.
Ms. Fearon presented to the Board a petition for waivers to Subsection VI(d)(6) of the Town of Newton Personal Wireless Service Facilities (PWSF) Zoning Ordinance regarding the 150 foot height limit for a PWSF and the following provisions of the Town of Newton Non-Residential Site Plan Regulations: Section 7.1.4 (C), (D), (E) and (K); and Section 7.1.5 (A), (B), (E), (F), (G), (J), (K), (L), (M), (O), and (P).
McCarthy asked Ms. Fearon if the additional height and weight of the new antennas would cause the cell tower to collapse in a manner different than it was originally designed to collapse and possibly create damage to abutting properties.
Ms. Fearon responded that the structural analysis report submitted in the application packet stated that the additional weight of the three new antennas and their extension four feet above the top of the tower would not compromise the structural integrity of the tower. The tower was structurally capable of supporting the addition of the new antennas.
Kevin Breuer, AT&T engineer, explained the structural details regarding the proper collapse of the tower and how the new antennas would not affect the structural integrity of the tower.
Abutter Charles Melvin asked Ms. Fearon to clarify the nature of the additional equipment to support the antennas. Specifically, he inquired if there would be a second generator added to the site.
Ms. Fearon responded that there would be no second generator added to the site.
Doggett asked for comments from the circuit rider planner.
Circuit Rider Planner Brian Groth commented that, with regards to the waiver to the PWSF zoning ordinance, the height limit of the cell tower is at the discretion of the Planning Board. With regards to the waivers to the site plan regulations, the indicated regulations are related to site work issues. There is no site work being performed in this project. Therefore, he sees no problem granting the waivers. Also, structural failure of the tower due to the proposed modification was an issue. However, the applicant adequately addressed that issue.
Doggett closed the public hearing at 7:14 pm.
Doggett suggested that the Board entertain motions regarding the petition for waivers.
White moved that the Planning Board grant the waiver to Subsection VI(d)(6) of the Town of Newton Personal Wireless Service Facilities (PWSF) Zoning Ordinance to a height limit of no more than 154 feet and the waivers for the following provisions of the Town of Newton Non-Residential Site Plan Regulations: Section 7.1.4 (C), (D), (E) and (K); and Section 7.1.5 (A), (B), (E), (F), (G), (J), (K), (L), (M), (O), and (P); as these site plan regulations do not apply to this application. Second by McCarthy. Motion carried unanimously.
Doggett suggested that the Board entertain a motion regarding the request for a conditional use permit.
White moved that the Planning Board issue a Conditional Use Permit to AT&T Mobility Services of Framingham, MA on behalf of New Cingular Wireless PCS, LLC for the modification of telecommunications antennas on an existing monopole at 85T South Main Street (Tax Map 13, Block 2, Lot 24T) as shown on plans submitted to the Planning Board. Second by McCarthy. Motion carried unanimously.
Gibbs noted that the plans indicated a top of antenna height of 154 feet plus/minus. The plans should be changed to indicate a strict 154 foot height limit. The Board came to a consensus that page A-2 of the plans would be recorded at the county registry with the plus/minus notation removed and a strict 154 foot height limit represented.
3. Town of Newton, NH review of performance guarantee bonds connected to the Puzzle Lane commercial subdivision project.
Scott Frankiewicz was present to represent 125 Development NH Corp/Coleman McDonough. Mr. McDonough was not present. Mr. Frankiewicz updated the Board on the following items connected to issues regarding the performance guarantees bonds for the Puzzle Lane commercial subdivision project:
- Puzzle Lane road has been patched.
- The Puzzle Lane road bond for $110,615.00 was in the process of being renewed by Mr. McDonough. The Board of Selectmen issued a cease and desist order for all construction activities due to the expiration of this bond. The cease and desist will be lifted when the bond has been posted.
- The excavation and reclamation bond for $79,136.00 will be renewed prior to its August 19 expiration date.
- Mr. Frankiewicz asked the Board for clarification on the meaning of certain terms of the $19,743.00 bond for Lot 27-3 land development, land mitigation, and hydro study and what needs to be done to get this bond lifted.
McCarthy explained that the land mitigation portion of the bond was established for the replanting of trees that were cleared in a vegetation buffer zone. The Conservation Commission has discovered that some of the trees have died and need to be replanted.
Milner, based on his research of historical documents, explained the details of the Lot 27-3 bond as follows:
- $11,743.00 for the Conservation Commission land mitigation plan;
- $8,000.00 for hydro study;
- The term "land development" was added to the bond language by a previous Town Counsel. There was no specific cost attached to this term.
Mr. Frankiewicz stated that the hydro study funds for future phases of the Puzzle Lane commercial subdivision project were not needed at this time because those phases are many years away from conception and still require Board approval. Since the hydro study was not needed and only a couple of trees have died, Mr. Frankiewicz requested that the Board consider an elimination of the entire bond amount.
Doggett suggested that, due to the outstanding issues connected to the Lot 27-3 bond (such as tree replanting), Mr. Frankiewicz should pursue a reduction in the bond; not an elimination of the bond.
White suggested that a cost estimate for the tree replanting be developed and that the bond be renewed at the amount of the cost estimate.
Melvin suggested that, since the $19,743.00 bond has expired, Mr. McDonough should be required to renew the bond at the full amount. Any discussions regarding a reduction in the bond amount should take place after the bond has been renewed in full.
Melvin moved that the Lot 27-3 bond for land development, land mitigation, and hydro study must be renewed in the amount of $19,743.00. The bond must be posted on the same date as the $110,615.00 road bond. If the bond is not posted by this date, the Planning Board will take appropriate action to enforce its decision. Second by Miller. Motion carried 4-3 with White, McCarthy, and Estabrook opposed.
Doggett suggested that funds be added to the NPREA account to cover legal and technical review of the method of posting the performance guarantee.
White moved that the developer deposit $500.00 into a separate NPREA account to cover legal and technical review of the Lot 27-3 bond for land development, land mitigation, and hydro study. Second by Melvin. Motion carried unanimously.
4. Town of Newton, NH preliminary consultation and pre-application review of proposed changes in land use.
- Nicole Ferrandi and Anthony Tedoldi – 10 Nordic Wood Lane. Home Based Business.
Mr. Tedoldi addressed the Board. He stated that he wanted to use one room in his residence as an office for his plumbing and heating business. He also intended to park his work van in the driveway and store some materials in the cellar.
Nicole Ferrandi addressed the Board. She stated that, in order to get the company van registered as a commercial vehicle in a timely manner, the business needed an unofficial approval from the Board prior to the formal application being submitted.
Groth stated that, since the pre-application design review process is non-binding, the Board could come to a preliminary consensus regarding the proposed business and provide the Town Clerk with a reference to the minutes.
Gibbs and Melvin did not agree with the process of needing Planning Board approval prior to registering a commercial vehicle.
Groth asked if there would be a sign for the business placed on the property.
Ferrandi responded that there would be no sign.
White asked if the business had an acetylene torch as part of its supplies.
Tedoldi responded that there was an acetylene torch stored in the work van.
Doggett suggested that the applicants add specifics to the application regarding potential hazardous or combustible materials that will be stored in the van, in the residence, or elsewhere on the property.
Ferrandi responded that most supplies and materials will be stored in the work van. The only things stored in the cellar of the residence will be incidental items such as small hand tools.
Miller asked if there will be any parking for the business on the street.
Tedoldi responded that there will be no on-street parking.
The Board, without objection, came to a non-binding consensus that the proposed business is an appropriate home based business.
5. Other Board business.
a. Acceptance of minutes.
White moved to accept the minutes of the July 26 meeting. Second by Melvin.
Discussion of the motion – Melvin apologized to the Board for neglecting to recuse himself from the Board's discussion regarding the cell tower modification at the July 26 meeting.
Motion carried unanimously.
b. Manifests.
Doggett presented a NPREA manifest to the Board. The invoice reflected payment for the public hearing legal advertisement.
Gibbs moved to pay the NPREA manifest in the amount of $60.78. Second by White. Motion carried unanimously with Melvin abstaining.
c. Correspondence.
Doggett presented to the Board the letter of credit extending the Walnut Farm Road bond for an additional year.
Melvin moved that the Planning Board authorize the Chairman to sign the letter of credit extending the Walnut Farm Road bond for an additional year. Second by McCarthy. Motion carried unanimously.
Doggett presented to the Board a letter from the RPC regarding availability of matching grant funds. Groth explained the details of the targeted block grant. Doggett suggested that the Board perform a review of its operating budget at the next meeting to evaluate available funds for matching grants.
6. Adjourn: The meeting was adjourned at 8:42 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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