NEWTON PLANNING BOARD
MINUTES OF WORK SESSION
SEPTEMBER 27, 2011
1. Call to Order: Chairman Jim Doggett called the meeting to order at 7:00 pm.
In attendance were: Chairman Jim Doggett; Vice Chair Barbara White; Planning Board members Ann Miles, Frank Gibbs, and Robert Miller; Alternate 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 Vaillant.
2. Town of Newton, NH review of structure and driveway reconfigurations at Sargent Woods condominium community.
Joshua Manning and Harold Morse were present to represent Lewis Builders.
Doggett presented a revised layout for the Sargent Woods condominium community which showed the changes in driveway and building locations from the original approved site plan. The revised unit locations were overlaid the original approved unit locations. Doggett also presented a copy of the layout prepared by the Town Fire Chief. The version prepared by the Town Fire Chief noted the following needed corrections:
- Dead-end fire department access roads in excess of 150 ft. in length shall be provided with approved provisions for the fire apparatus to turn around.
- Signage added indicating the direction of road names and numbering.
Mr. Manning addressed the Board. He provided the following reasons for the changes to the building and driveway locations:
- Previous Board approved changes in the style and footprint design of the homes created some discrepancies in the building locations.
- Some driveway changes were the result of the garage being located in the front of the new-style homes (as opposed to the side location in the original homes). The new driveway locations were created so that the garages would face the road. The original driveway layout would have created an awkward look with the sides of the new-style homes facing the street.
- Homes moved closer to the road to create a neighborhood feel.
- More areas of pavement near wetlands were eliminated.
- More trees retained by pulling homes away from the tree line buffer areas.
Mr. Manning noted that the changes would not affect the original major drainage paths. He also stated that Lewis Builders had no intention to change septic locations.
Doggett asked the Board for comments.
Melvin stated that he thought the revised plan was better than the original site plan. As long as the Town Fire Chief's concerns are addressed, he approves of the revised plan.
Gibbs asked if the dead end access roads are longer in the revised plan than in the original plan.
Manning responded that the dead end access roads are not longer in the revised plan.
Doggett stated that the original plan had areas for emergency vehicles to turnaround.
Gibbs stated that there was not enough room for emergency vehicles to turnaround in the original plan.
White stated that she drove on the dead end access road and found no way to turn around with her car without going in a driveway. If the driveways were full, then there was no way to turn around.
Manning responded that there was no more room to turn around on the dead end access road in the original plan than in the revised plan.
White stated that some units in the original plan had longer shared driveways that allowed for turning around even if there were cars parked at the units.
McCarthy asked for clarification on the intended use of and type of surface for the area labeled 'RV Storage Area' located near the aquifer. She was concerned about contamination of the aquifer.
Manning stated that the area would be used by the community residents to park boats or RV's. The surface of the area would be gravel.
McCarthy noted the following additional concerns:
- The revised plan changed the intended character of the community created by the original plan.
- The changes created an additional work load to maintain the accuracy of the addresses for 911 emergency responses.
- There is not enough space for emergency vehicles to turn around on some access roads.
Manning stated that he intends to meet with the Town Assessor and the Town Fire Chief in order to address their concerns.
Miles stated that the original approved site plan went through an extensive vetting process to produce the final product. She is concerned that a project with such an extensive history and large amounts of documentation is being changed in a couple of work sessions. If the original approved site plan is to be revisited, then the project should cease and desist and a new project be reviewed.
McCarthy stated that the changes shown on the revised layout are major, not minor, in nature.
Doggett stated that the radical changes shown on the revised layout overstep the standards for an as-built plan. The changes warrant some type of review prior to construction.
Harold Morse addressed the Board. Mr. Morse stated that he disagreed with the opinions that the changes on the revised layout are major changes. Revisiting the project with a full site plan review is not warranted. He noted that the revised layout creates less impact on the land. If the Board gives the project time to mature, they will realize the project's positive qualities (as evidenced by similar Lewis Builders' projects in other towns).
Doggett asked Groth for comments.
Groth stated that the question of whether the changes should be considered minor revisions or an amended site plan is an issue that the Board should vote on. There is no metric or standard that he can provide that would define the difference between the two classifications.
Gibbs stated that he has no problems with the revised plan. Based on his experience, the changes proposed are minimal.
Miller stated that he supports the revised plan as long as the Town Fire Chief's concerns are addressed.
Miles stated that, due to litigation, several variances were issued waiving basic road specifications and other site plan requirements during the original site plan creation process. The Board must review the entire history of the project to get a clear understanding of the reasons behind the details of the original approved site plan.
Melvin stated that the revised plan is substantially better than the original site plan. There is less impact on trees. The same roads shown on the original site plan are being used with minimal changes.
Miles moved that the Board authorize the Town Counsel to review the legal parameters and definitions of what constitutes minor revisions or substantial change in order to provide guidance to the Board in its determination of whether or not to proceed with amended site plan review procedures. Second by McCarthy.
Discussion of motion – Miles and Doggett stated that the Board must be careful not to set a precedent of allowing changes to approved plans without proper Board review. Developers must receive Board approval for changes to approved plans prior to construction of the changes.
Motion carried 4-3 with Gibbs, Miller, and Melvin opposed.
Groth was released at 8:00 pm.
3. Other Board business.
a. Incoming Correspondence.
- Intent to Excavate application for property located at 185 South Main Street (Tax Map 14, Block 1, Lot 24) submitted by Stephen P. Early of SPE Real Estate, LLC and S&R Construction.
Doggett presented the intent to excavate application to the Board. Doggett also presented a letter from Mr. Early stating that he intends to remove material from a stockpile only. He does not intend to excavate from the ground.
Melvin suggested that the Board send a letter to Mr. Early stating that if Mr. Early intends to excavate material from the ground in the future, then he must apply to the Planning Board for an excavation permit.
The Planning Board came to a unanimous consensus to send a memo to the Board of Selectmen stating that the Planning Board has no concerns with the intent to excavate application for 185 South Main Street. However, if Mr. Early intends to excavate material from the ground in the future, then he must apply to the Planning Board for an excavation permit.
ii. Letter from Helen Nault re: Refund of unused NPREA fees.
Doggett presented a letter to the Board from Helen Nault requesting a refund of the unused portion of the NPREA funds for the approved accessory apartment conditional use permit at 5 Gale Village Road. In the letter, Ms. Nault stated that she no longer intended to build the addition for the accessory apartment.
Gibbs moved to refund the unused portion of the NPREA funds for the approved accessory apartment conditional use permit at 5 Gale Village Road to Helen Nault. The Planning Board will also send a memo to the Building Department informing the Building Department that no building permits for the accessory apartment shall be issued without prior approval by the Planning Board. Second by Melvin. Motion carried unanimously.
b. Acceptance of minutes.
White moved to accept the minutes of the September 13 meeting. Second by Melvin. Motion carried 6-0 with Miles abstaining.
c. Manifests.
Doggett presented an operating budget manifest to the Board. The manifest represented payment of telephone bill.
Gibbs moved to pay the operating budget manifest in the amount of $61.86. Second by White. Motion carried unanimously.
d. Other Correspondence.
Doggett informed the Board of the Local Government Center Annual Conference on November 16 & 17 in Manchester, NH.
White presented information regarding the East Kingston Agricultural Commission's "Meet and Greet" on October 13 at the East Kingston Town Hall. McCarthy noted that any Newton residents interested in joining the Newton Agricultural Commission should contact her for more information.
White also presented a document advocating the safety benefits of modern traffic roundabouts in support of the Rowe's Corner Road Design Study.
McCarthy informed the Board about the application for a large groundwater withdrawal by the Granite Fields Golf Course in Kingston. The application seeks approval for the withdrawal of approximately 151,000 gallons of groundwater per day. The groundwater withdrawal is needed to support the addition of a 32 unit housing project and renovations of the golf course and clubhouse. The Board of Selectmen has scheduled a public hearing with the State of New Hampshire Department of Environmental Services on October 19 to discuss the application.
Doggett informed the Board that the Planning Board will be hosting the Rockingham Planning Commission's regional meeting on October 12 at Newton Town Hall. The Rowe's Corner Road Design Study will be presented for addition to the RPC's future transportation improvement plan.
Milner informed the Board that the Town Administrator was seeking input from the Planning Board concerning land use and site plan implications of renovations that will occur at 99 Amesbury Road due to a recent fire on the property.
Miles and Melvin noted that a commercial business was being operated on the property and fire safety improvements need to be added. The Board must perform some type of site review to determine the land use and ensure appropriate safety measures are implemented.
The Board came to a unanimous consensus to send a memo to the Building Department requesting that the owners of the property come before the Board for a preliminary consultation to review details of this site prior to the issuance of building permits.
4. Adjourn: The meeting was adjourned at 8:30 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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