NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
DECEMBER 27, 2011
1. Call to Order: Chairman Jim Doggett called the meeting to order at 7:03 pm.
In attendance were: Chairman Jim Doggett; Vice Chair Barbara White; Planning Board member Ann Miles; Alternates Sandra Estabrook and Charles Melvin; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Melvin to stand in for Gibbs
Doggett appointed Estabrook to stand in for Vaillant.
2. Town of Newton, NH requests a public hearing to review proposed amendments to zoning ordinances for inclusion on the Town Warrant.
Doggett opened the public hearing.
a. Minor changes in zoning ordinance language to correct previous editorial mistakes that do not change the meaning of any particular ordinance. The purpose of the proposed amendments is to make the zoning ordinances more organized and more accurately reflect the decisions of the townspeople.
Doggett presented the warrant article language for the first proposed amendment regarding editorial changes to the zoning ordinances.
Miles suggested the removal of the word "final" before "occupancy permit" in the proposed amendment regarding the mobile home permitting process.
The Board came to a unanimous consensus to remove the word "final" from the mobile home permitting process language in Section XIII, subsection 5.
b. RSA 674:43, Power to review site plans. The purpose of the proposed amendment is to indicate power granted by the State of NH within the Town's zoning ordinances.
Doggett presented the warrant article language for the second proposed amendment regarding the Planning Board's site plan review authority.
c. Home occupations and Home based businesses. The purpose of the proposed amendment is to define the process for classifying an activity as a home occupation or a home based business.
Doggett presented the warrant article language for the third proposed amendment regarding the classification of an activity as a home occupation or a home based business.
Doggett suggested taking the language regarding the expiration of the home based business conditional use permit and adding it to the accessory apartment section of the zoning ordinance.
The Board came to a unanimous consensus to table Doggett's proposal for more in-depth review at a later date.
Miles stated that she had a problem with limiting each residence to one home occupation or business. In the present economic climate, residents needed to have more options.
White stated that other towns allow two home occupations.
Milner stated that the limitation on the allowed number of occupations/businesses within a residence needs to be kept in place to maintain the residential nature of properties. Changing the limit would change the primary purpose of a property within a residential zone from residential to business in nature.
Melvin stated that he was in favor of retaining the limit of one occupation/business per residence.
The Board came to a consensus (with Miles opposed) to retain the current language within the zoning ordinance that no more than one home occupation or home based business per property is permitted.
d. Elderly housing ordinance. The purpose of the proposed amendment is to define the number of elderly housing units allowed for any single elderly housing development.
Doggett announced the Board's decision at the previous meeting not to add this amendment to the warrant article.
e. Wetland Zoning Ordinance. The purpose of the proposed amendment is to add prohibitions stated in the Aquifer Protection Ordinance to the Wetland Zoning Ordinance.
Doggett announced the Board's decision at the previous meeting not to add this amendment to the warrant article.
f. Establishment of zones. The purpose of the proposed amendment is to specifically define areas of zones.
Doggett presented the warrant article language for the fourth proposed amendment to specifically define the areas of zones by map/block/lot and eliminate the definition of zones by vague zoning map references.
Estabrook stated that property owners should be made aware that a change may occur in the zoning of their property.
Doggett stated that the zoning amendment hearings have been properly noticed to the public. Also, the existing tax card information is being used as the basis for the definition of the zones.
Miles stated that she is concerned with the effect on lots that have a zoning boundary line crossing through them. The property owners of such lots may want to be classified a certain way for financial reasons.
Doggett stated that the proposed amendment is a way to clearly define the zones for the benefit of all residents. In some instances, the current zoning map is incorrect and does not clearly define the boundary line between different zones. No documentation has been found that specifically states the precise location of the zoning boundary lines.
Estabrook stated that more research regarding current zoning needs to be accomplished before the proposed amendment is put on the ballot.
Miles stated that the proposed amendment should be used as a building block to create a more structured zoning model and eliminate spot zoning.
Doggett closed the public hearing. Doggett announced that the second public hearing concerning proposed amendments to the zoning ordinance will be held at Town Hall on January 17, 2012 at 7:30 pm.
3. Other Board business.
a. Town Ballot questions.
Doggett presented the ballot question language for the proposed amendments to the zoning ordinances.
b. Cluster development building location verification process review.
Doggett presented the cluster development building location process developed by Chief Building Official Ron LeMere based on his discussions with the Planning Board at a previous meeting.
Doggett asked the Board for permission to sign the document indicating the Board's approval of the process.
Estabrook noted an error in the document that made some steps in the process unclear.
White suggested a change in the language that would correct the error and clarify the process.
White moved for the Planning Board to authorize the Chairman to sign the
cluster development building location process document once the Board's suggested language change has been completed. Second by Melvin. Motion carried unanimously.
Groth released at 8:08 pm.
c. Operating budget.
Doggett announced that the proposed 2012 level-funded operating budget was accepted by the Board of Selectmen. The accepted version of the budget had one change moving funds from the legal line to the payroll line to cover an expected increase in 2012.
d. Acceptance of minutes.
White moved to accept the minutes of the December 13 meeting. Second by Melvin. Motion carried unanimously.
e. Manifests.
Doggett presented a NPREA manifest to the Board. The manifest reflected a refund of the unused NPREA fee for the approved Hen House Sports Bar & Grille amended site plan. Melvin stepped down from the Board.
Miles moved to refund the unused portion of the NPREA account for the Hen House amended site plan and pay the manifest amount of $95.39. Second by White. Motion carried unanimously.
Melvin returned to the Board.
Milner asked for permission to close out the NPREA account for the Walnut Farm Road project. The road has been accepted. All invoices have been paid.
Estabrook moved to close out the NPREA account for the Walnut Farm Road project. Second by Miles. Motion carried 4-0 with Melvin abstaining.
Doggett announced that the Planning Board will be hosting the regional meeting of the Rockingham Planning Commission on January 11, 2012 at 7:00 pm.
4. Adjourn: The meeting was adjourned at 8:19 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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