NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
NOVEMBER 8, 2011
1. Call to Order: Chairman Jim Doggett called the meeting to order at 7:11 pm.
In attendance were: Chairman Jim Doggett; Vice Chair Barbara White; Planning Board members Frank Gibbs and Robert Miller; Alternates Sandra Estabrook and Charles Melvin; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Estabrook to stand in for Miles.
Doggett appointed Melvin to stand in for Vaillant.
2. Henry Olshefsky of Danville, NH requests a public hearing for a minor non-residential site plan review (proposed addition of outdoor deck for Hen House Sports Bar & Grille) at 85 South Main Street. The property is referenced as Tax Map 13, Block 2, Lot 24.
Melvin stepped down from the Board.
Nick DeRoche was present to represent the Hen House Sports Bar & Grille.
Doggett opened the public hearing.
Doggett informed the Board that the plans to be presented for approval were mistakenly delivered to the Building Department and were not available for review.
White moved to continue the public hearing to the November 22 meeting. Second by Miller. Motion carried unanimously.
Melvin returned to the Board.
3. Town of Newton, NH preliminary consultation and pre-application review of proposed change in land use.
a. Paul and Dawn Doyle – 6 Sarah's Way. Proposed horse facility.
Paul Doyle, Dawn Doyle, Lynne Merrill, and Paul Galanes were present.
Mr. Doyle addressed the Board. Mr. Doyle stated that he is in the process of purchasing the property at 6 Sarah's Way. He further stated that one of the conditions for purchase was that the property may be used as it was in the past for boarding horses and giving horse riding lessons. Mr. Doyle asked the Board:
- if the horse operations as described were an allowed use and
- what were the steps to obtain approval of the operations.
Doggett stated that no site plan recording the previous activities was found in the Planning Board files for the property.
Melvin stated that the horse operations as described are an allowable use. However, they have not been previously approved.
Groth stated that the horse operations as described are an allowable use. However, site plan approval is required.
Mr. Doyle asked if the site plan approval process is achievable.
Groth responded that the approval is achievable.
Milner explained that the process is achievable, but may take an extended period of time.
Doggett suggested that all intended uses for the property be thought out in advance and be noted on the application and plans submitted for approval. Also, all features (such as driveways, wells, septic systems, etc.) that exist on the property need to be represented on the plans.
Paul Galanes of People's United Bank, current owner of the property, asked the Board if a bank representative needed to be present at subsequent meetings.
Doggett explained that a bank representative did not need to be present if the bank provided the Board with a letter authorizing the prospective buyers to act as agents for the bank in proceedings before the Planning Board.
4. Other Board business.
a. Proposed 2012 Planning Board meeting calendar.
Doggett presented the proposed 2012 Planning Board meeting calendar to the Board.
White moved to accept the proposed 2012 Planning Board meeting calendar. Second by Melvin. Motion carried unanimously.
b. Cluster development verification process.
Doggett presented to the Board a proposal detailing the Planning Board's process for verifying that structure locations within cluster developments conform to the approved site plan.
Gibbs stated that the notes in the proposal should be recorded on the original site plan. He disagrees with the process of having the Town Engineer verify the structure locations. Locations and measurements to the locations should be on the original set of plans. The Building Inspector should then verify the location during his inspection process. The process of having the Town Engineer perform location verification is an extra, unnecessary step.
Doggett stated that the nature of cluster developments requires a process for determining the precise location of structures. This must be accomplished prior to the foundation being built to ensure conformance to the approved site plan.
Melvin stated that the cost of the foundation permits should include the verification of the foundation location. The verification should be the responsibility of the Building Inspector. The Board should not be moving this responsibility to the Town Engineer. This process adds extra cost to the project that gets transferred to the buyer.
Doggett noted that the Chief Building Official explained to the Board in a previous meeting that his responsibility was to ensure that the structures met the zoning ordinance setback requirements, not precise locations. The process of having the Town Engineer perform structure location verifications would not involve a substantial cost. The Town Engineer is already tasked with construction observation of site plans. The structure location verification process would add minimal time to existing required inspections.
Milner stated that the Planning Board is responsible for oversight to ensure that site work conforms to the approved site plan. Structure location is one aspect of site work (such as drainage location, roadway location, grading, etc.). Since the Planning Board is dictating that the structures must be more precisely located, then the Planning Board (using its agent, the Town Engineer) should be responsible for ensuring conformance to the approved site plan.
Groth noted that the Board should determine what the protocols are to ensure conformance to an approved site plan. The process must be consistent for all site plans.
Melvin suggested that the Planning Board request a joint meeting between the Planning Board, the Board of Selectmen, and the Chief Building Official to discuss the responsibilities of the relevant Town of Newton departments regarding structure location verification within cluster developments and other site plans. The Board came to a consensus without objection to request the joint meeting.
Groth released at 8:37 pm.
c. Correspondence
Milner presented letters from the Town Engineer detailing construction observations at the Sargent Woods and Puzzle Lane projects. Milner also presented a letter from the Code Enforcement Officer informing the Board of a recent complaint regarding concrete crushing operation at Puzzle Lane.
d. NPREA accounts update.
Milner presented the current active NPREA accounts to the Board for its review.
Melvin moved that $500.00 must be added to the NPREA account for the Sarah's Way extension subdivision to cover any future professional reviews associated with this subdivision. Second by Estabrook. Motion carried unanimously.
White moved to refund the unused portion of the NPREA accounts for Chellsey Camasso, Maria Pernyeszi, Anthony Tedoldi, and the AT&T cell tower modification. Second by Melvin. Motion carried unanimously.
Melvin moved that the Planning Board send a memo to the Board of Selectmen requesting that the Board of Selectmen review possible avenues to elicit payment of the $1,359.81 owed for outstanding NPREA invoices connected to the amended site plan application for the Whispering Pines Campground (Tax Map 5, Block 1, Lot 5). The Planning Board will send monthly bills to Sara Realty, LLC requesting payment of the outstanding amount. Second by Estabrook. Motion carried unanimously.
The Board came to a consensus without objection to make no adjustments to the remaining active NPREA accounts.
e. Disposition of Planning Board laptop.
Milner informed the Board of the Town Administrator's request to donate the laptop owned by the Planning Board to the Welfare Department.
Melvin moved that the Planning Board authorizes the donation of the laptop owned by the Planning Board to the Welfare Department for use by the Welfare Department only. Second by Gibbs. Motion carried unanimously.
f. Acceptance of minutes.
White moved to accept the minutes of the October 25 meeting. Second by Miller. Motion carried 5-0 with Gibbs abstaining.
g. Manifests.
Doggett presented a NPREA manifest to the Board. The invoices reflected payment for public hearing legal ad and professional reviews by Circuit Rider Planner and Town Counsel.
Gibbs moved to pay the NPREA manifest in the amount of $356.50. Second by White. Motion carried unanimously.
Doggett presented an operating budget manifest to the Board. The invoice reflected payment for the Board's legal consultation with Town Counsel.
Melvin moved to pay the operating budget manifest in the amount of $325.50. Second by White. Motion carried unanimously.
Doggett presented a second operating budget manifest to the Board. The invoices reflected payment of travel expenses for Board member training sessions.
White moved to pay the operating budget manifest in the amount of $148.00. Second by Gibbs. Motion carried 5-0 with Melvin abstaining.
5. Adjourn: The meeting was adjourned at 9:07 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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