NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
SEPTEMBER 13, 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; Alternates Charles Melvin and Chuck Whitman; Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Melvin to stand in for Vaillant.
Doggett appointed Whitman to stand in for Miles.
Circuit Rider Planner Brian Groth was absent due to vacation.
2. Chellsey Camasso of Newton, NH requests a public hearing to obtain a conditional use permit for a home based business (equine rescue facility) at 32 Peaslee Crossing Road. The property is referenced as Tax Map 13, Block 3, Lot 9-1.
Doggett opened the public hearing. Chellsey Camasso was present.
Doggett presented a letter from Circuit Rider Planner Brian Groth detailing Groth's review of the application for this location. Groth found that the application did not meet the necessary requirements to be considered a home based business pursuant to the following sections of the Town of Newton Zoning Ordinance:
- Section XI.C.a – "Exterior of the building must not create or display any evidence of the home occupation."
- Section XI.C.f – "There shall be no outside operations, storage, or display of materials or goods."
Doggett noted that the operations of this business were being conducted completely outside of the home. Ms. Camasso agreed with Doggett's comment.
Doggett, referencing Groth's review letter, suggested that a conditional use permit was not appropriate. The matter requires a site plan review. Doggett asked for comments from the Board.
Melvin agreed with Doggett's opinion that a conditional use permit was not appropriate.
Melvin moved that the application did not meet the necessary requirements to be considered for a conditional use permit for a home based business. The application is subject to Non-Residential Site Plan Review. Second by Whitman. Motion carried unanimously.
Doggett asked the Board for direction on how to handle application fees if the applicant proceeded with a site plan review or decided to withdraw the application.
Melvin moved that, if the applicant proceeds with a Non-Residential Site Plan Review, then all fees previously paid will be applied to the additional costs of the new application. If the applicant withdraws the application, the applicant's fees, except funds to cover Planning Board expenses, will be refunded. Second by White. Motion carried unanimously.
Doggett closed the public hearing.
Miller arrived at 7:10 pm.
3. Maria Pernyeszi of Newton, NH requests a public hearing to obtain a conditional use permit for a home based business (home office) at 70 Heath Street. The property is referenced as Tax Map 4, Block 5, Lot 10-6.
Doggett opened the public hearing. Maria Pernyeszi was present.
Ms. Pernyeszi addressed the Board. She stated that she wanted to conduct the office activities for the family's Connecticut tool and die business at their home in Newton. One room in the home would be used to conduct office activities such as processing invoices and writing checks. Ms. Pernyeszi further stated that there would be no truck deliveries and no clients visiting the property.
Melvin asked if there would be a sign for the business on the property.
Ms. Pernyeszi responded that there would be no sign on the property.
Doggett asked for abutter comments. No abutters were present.
White moved to approve a Conditional Use Permit for a home based business (home office) at 70 Heath Street (Tax Map 4, Block 5, Lot 10-6) for Maria Pernyeszi. Second by Miller. Motion carried unanimously.
Doggett closed the public hearing.
4. Anthony Tedoldi of Newton, NH requests a public hearing to obtain a conditional use permit for a home based business (plumbing and heating) at 10 Nordic Wood Lane. The property is referenced as Tax Map 9, Block 3, Lot 15-8.
Doggett opened the public hearing. Anthony Tedoldi was present.
Mr. Tedoldi addressed the Board. He stated that he wanted to conduct the following activities on the property for his plumbing and heating business:
- Use one room of the home for office functions,
- Store some materials in the basement of the home, and
- Park the company van with plumbing and heating supplies in the driveway of the property.
Per the Board's request at a previous preliminary consultation meeting, Mr. Tedoldi provided a list of materials that would be stored in the basement and in the company van.
Doggett asked for any Board or abutter questions.
Miller asked for clarification that the company vehicle would be parked in the driveway and not on the street.
Tedoldi confirmed that the company vehicle would only be parked in the driveway.
No abutters came forward with questions.
Melvin moved to approve a Conditional Use Permit for a home based business (plumbing and heating) at 10 Nordic Wood Lane (Tax Map 9, Block 3, Lot 15-8) for Anthony Tedoldi. Second by White. Motion carried unanimously.
Doggett closed the public hearing.
5. Town of Newton, NH preliminary consultation and pre-application review of proposed changes in land use.
- Justine Corson and Justine Juarez – 26 Gale Village Road. 2-lot subdivision.
Paul Carideo, engineer with TF Moran, was present to represent the applicants. Mr. Carideo addressed the Board. He presented a plan that proposed to subdivide the existing 5.65 (approx.) acre lot with an existing single family home into two lots, both with single family homes. Mr. Carideo noted the following details from the plan:
- The first revised lot would be approximately 1.87 acres in size and retain the existing home. The second lot would be approximately 3.78 acres in size.
- The property has a small wetland running through it near the frontage for the property.
- The existing well and septic system for the current house will remain unchanged. A new well and septic system will be added for the new home.
- The proposed driveway for the new home will be constructed near the property line abutting the existing home. This location was chosen to minimize the wetland impact resulting from the driveway construction. This location is the narrowest point of the wetlands.
- The plan meets all of the zoning requirements, including minimum width of a lot.
Melvin suggested that the plan be presented to the Conservation Commission for review.
Mr. Carideo stated that he intends to present the plan to the Conservation Commission for review.
White asked for clarification on the length of the proposed driveway for the new lot. Preliminary representations of the proposed home locations would require a fairly long driveway to the back of the property.
Mr. Carideo confirmed that the proposed driveway will be fairly long.
Doggett suggested that, due to the extended length of the proposed driveway, the Board may require upgrades to the normal driveway specifications in order to accommodate access to the proposed home by emergency vehicles.
Doggett asked for abutter comments. No abutters were present.
Doggett suggested that Mr. Carideo try to straighten the lot lines to provide a more uniform, rectangular shape to the lots where possible.
Mr. Carideo explained that he made an effort to create a more rectangular shape, but was restricted by the following factors:
- The shape of the original lot,
- The impact on existing wetland area,
- The impact on trees on a designated scenic road, and
- Zoning requirements.
6. Town of Newton, NH review of recording process for approved cell tower modification plan.
Melvin stepped down from the Board.
Kristen Smith of Tilson Technology Management was present to represent AT&T/New Cingular Wireless PCS, LLC.
Doggett asked Milner to explain the reasons why the mylar for the approved cell tower modification plan was rejected for recording by the Rockingham County Registry.
Milner explained that the mylar was rejected due to many legibility issues and the fact that a licensed land surveyor stamp was not included on the mylar.
Ms. Smith stated that the cost of a land survey was estimated to be one-third (1/3) the cost of the entire modification project. Since there were no land changes being made (only changes to antenna equipment), AT&T did not feel that it should be required to incur the land survey costs. She asked the Board to reconsider its decision to record page A-2 from the site plan which depicts the antenna modifications and the required 154 foot height limit. Ms. Smith suggested recording a notice of decision with references to the 154 foot height limit, the modification plans, and the original site plan.
Doggett suggested recording the notice of decision with a full size copy of page A-2 as an attached exhibit. This method may eliminate the need for the land survey requirement.
Ms. Smith explained that she already proposed Doggett's suggestion to the Registry and was denied.
White suggested recording a written decision.
Doggett asked for abutter comments. No abutters came forward with comments.
White moved to rescind the Board's previous requirement that page A-2 of the antenna modification plans be recorded at the Rockingham County Registry. A written notice of decision with references to the strict 154 foot height limit, the antenna modification plans on file at the Planning Board office, and the original site plan would be recorded at the Rockingham County Registry. Second by Gibbs. Motion carried unanimously.
Melvin rejoined the Board.
7. Town of Newton, NH review of structure and driveway reconfigurations at Sargent Woods condominium community.
Joshua Manning was present to represent Lewis Builders.
Doggett presented the most recent as-built plan for the Sargent Woods 55+ condominium community. The as-built plan showed several changes from the original approved site plan. Doggett stated that the changes eliminating shared driveways, creating new driveways on different roads, and shifting the location of many units were significant changes that required Planning Board review.
Mr. Manning addressed the Board. He stated that the Board has previously approved changes to the building styles/footprints and driveway reconfiguration for two units. The changes to the building styles necessitate a change in the configuration of the units. Mr. Manning also expressed his opinion that the changes are not substantial. He believed that the general intent of the original plan was being met.
Milner expressed the concern of the Town Administrator and the Town Assessor that the changes could affect the accuracy of town records and create problems for 911 emergency responses. The Town Administrator and the Town Assessor have requested that Lewis Builders confirm the addresses of all units with the Town of Newton.
Mr. Manning agreed to confirm the addresses of all units with the Town Administrator and the Town Assessor.
Doggett noted that the original intent of the site plan was to create a senior citizen community that followed the natural topography and environment with as little disruption to the natural environment as possible. The major reason that this project was given variances to have larger buildings was that the neighborhood character would be maintained. There would not be a housing development with strips of buildings all in a row.
Mr. Manning stated that the revised plan is a safer and more convenient layout for the following reasons:
- The new driveway configurations make access to, backing out of, and turning around in the driveways easier and safer.
- Emergency vehicles have better access and egress.
- Less impervious area created.
Whitman and Milner asked what the rationale was for such widespread changes to the entire site.
Mr. Manning explained that the styles of the buildings have changed. The buildings now face the road instead of each other on a shared driveway. This makes it more convenient and safer for the residents to enter and exit the driveways. Residents' homes facing the scenery instead of each other's front window creates better living aesthetics.
Doggett expressed his opinion that the changes shown are not minor changes normally associated with as-built plans. The changes vary from the original site plan so substantially that a full site plan review may be required.
Gibbs stated that the revised plans make winter maintenance of the roads easier and safer.
Melvin stated his opinion that there may be more tree cutting and possible changes to utility infrastructure associated with the revised plan. He believes the Board should review a more complete revised plan.
White stated that the Board should request input concerning the revised plan from the Town Fire Chief.
Doggett stepped down as Chairman at 8:21pm. White took over as Chairperson.
Whitman stated that changes to one or two units may be acceptable as minor changes. However, the size and scope of so many changes over such a large development requires a more thorough review.
Gibbs, Miller, and Melvin agreed that a more complete plan representing the changes needed to be reviewed by the Board. Melvin noted that the original intent of the plan was to retain as many trees as possible and maintain a country-like atmosphere within the development. Melvin requested that the revised plan to be reviewed indicate where trees will be located on the property.
Manning stated that Lewis Builders would like to retain as many trees as possible as long as the safety of the units is not compromised. No additional trees have been taken down during the construction of the units built to this point.
White asked for abutter comments. There were no abutters present.
White asked if the driveways were long enough to accommodate visitors to the units. She was concerned that visitors may park on the narrow roads and possibly hinder traffic.
Mr. Manning stated that the units had two car garages for the residents. The width of the driveways would accommodate two cars. The length of the driveways was 24 feet. He estimated the average car length to be approximately 20 feet.
Doggett returned as Chairman at 8:34pm.
Melvin moved that Lewis Builders provide a proposed unit layout plan to the Board for review. The proposed layout will include an overlay of the original unit and driveway positions over the proposed revised positions. The plan will also include topography features (such as tree lines and wetlands) and drainage locations. Second by Gibbs. Motion carried unanimously.
Mr. Manning noted that units 31 and 34 are ready for occupancy and need certificates of occupancy. He asked if the revised layout review would delay the signing of the certificates of occupancy.
Melvin moved to authorize the Planning Board Chairman to sign the certificates of occupancy for units 31 and 34 only at the Sargent Woods condominium development. Second by Gibbs. Motion carried unanimously.
8. Other Board business.
a. Acceptance of minutes.
White moved to accept the minutes of the August 23 meeting. Second by Melvin. Motion carried unanimously.
b. Manifests.
Doggett presented an operating budget manifest to the Board. The invoice reflected payment for three members to attend LGC law lecture series.
Gibbs moved to pay the operating budget manifest in the amount of $180.00. Second by White. Motion carried unanimously.
Doggett presented a second operating budget manifest to the Board. The invoice reflected payment of telephone bill.
White moved to pay the operating budget manifest in the amount of $58.77. Second by Gibbs. Motion carried unanimously.
d. Correspondence.
Milner informed the Board that the conditions of approval for the Marden Meadows subdivision have been met. The Board came to a unanimous consensus to authorize the Planning Board Chairman to sign the mylar for the Marden Meadows approved subdivision plan.
Milner informed the Board that the three performance guarantee letters of credit for the Puzzle Lane Road and commercial subdivision project have been finalized and submitted to the Town of Newton.
Doggett informed the Board that the Planning Board will be hosting the Rockingham Planning Commission regional meeting at the Newton Town Hall on October 12. The Board came to a unanimous consensus to use funds from the Planning Board operating budget to pay for refreshments for the RPC meeting.
9. Adjourn: The meeting was adjourned at 9:00 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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