NEWTON PLANNING BOARD
MINUTES OF WORK SESSION
APRIL 26, 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 Frank Gibbs and Ann Miles; and Alternates Sandra Estabrook, Charles Melvin, and Chuck Whitman. Minutes were transcribed by Administrative Assistant Rick Milner.
Circuit Rider Planner Brian Groth was not present due to illness.
Doggett appointed Estabrook to stand in for Vaillant for the evening. Doggett appointed Whitman to stand in for Miller for the evening.
2. Town of Newton, NH preliminary consultation and pre-application review of proposed changes in land use.
a. Keith Hart – 5 Crane Crossing Road. Permitted uses in Village District Zone.
Mr. Hart asked the Board for clarification regarding how much of his property can be classified as commercial based on the following results of the March 2011 Town Election:
- The warrant article to change the classification of the property at 5 Crane Crossing Road from Residential A Zone to Commercial Zone was voted down; and
- The property was included in the newly created Village District Zone.
Doggett stated that the entire property was included in the newly created mixed use zone.
Mr. Hart explained that he needed some part or all of his property to be classified as commercial in order to obtain State of NH approvals for a dealer license, junk license, or license for any other business activity that he wanted to conduct and control the number of cars located on the property.
Doggett asked the Board members if anyone had questions for Mr. Hart.
Milner asked Mr. Hart for more specifics regarding the business activity that he wanted to conduct.
Mr. Hart stated that he needed to store more cars on his property than the town and state ordinances allow for a residential area. The type of items stored on the property will be unregistered antique cars, unregistered non-antique cars (newer and older models), and car parts.
Melvin asked Mr. Hart if he was asking the Board for approval of a car repair business.
Mr. Hart replied that he was not looking for approval for a car repair business that fixed other people's cars. He wanted to buy, trade, and sell whole cars or car parts to fix his own vehicles. He had several vehicles stored on the property waiting to be repaired.
Doggett asked Mr. Hart how many vehicles would be stored on the property.
Mr. Hart replied that there could be as many as 50 vehicles on the property.
Gibbs asked Mr. Hart how long he had been conducting his work on the vehicles.
Mr. Hart stated that he had been working on vehicles at this property since he moved into the property in 1983.
Whitman asked Mr. Hart how long he keeps the vehicles. Does he turn the vehicles over?
Mr. Hart replied that some vehicles get turned over. Some vehicles he keeps for quite a long time.
Melvin stated in order for Mr. Hart to continue to conduct his work on vehicles at this property he needs to get approval from the Board for an auto repair business.
Milner stated that, regardless of the state regulations, Newton's zoning ordinances prohibit the activities and land uses that Mr. Hart described as occurring on the property. The Board cannot issue approvals in contradiction to these ordinances.
Miles asked Mr. Hart where items are stored on the property.
Mr. Hart replied that some items are stored in boxes. Some items are stored outside.
Miles asked Mr. Hart for clarification on the size of the lot and the main residence building.
Mr. Hart replied that the lot was approximately 1.15 acres and included a single family residence.
Miles stated that Mr. Hart has presented numerous types of activities that may occur at the property. She asked Mr. Hart to clarify a single activity for the Board's consideration. Miles stated that she had reservations with having a large number of vehicles (such as the 50 mentioned by Mr. Hart) stored on the property. However, she would support a business of buying and selling antique cars by computer only in a single family residence. The number of antique cars (possibly 5 or less) and storage trailers located on the property would be limited by agreement of the Board. This type of activity would be in the spirit of promoting business in the Village District Zone.
Miles asked Mr. Hart what the Board would see stored on the property if a site walk was held at the present time.
Mr. Hart stated that 20 registered and unregistered vehicles are stored on the property at the present time.
Miles suggested a site walk of the property to get a better understanding of the actual conditions. Whitman and White stated their support of a site walk.
Doggett suggested that, in order to protect the land from contamination, any future plans for the property include an impervious surface for any vehicle work and storage areas.
Miles moved for the Planning Board to conduct a site walk of the property at 5 Crane Crossing Road at 5:30 pm on May 10, 2011. Second by Gibbs.
Discussion of motion – White asked Mr. Hart if part of two storage trailers crossed onto someone else's property as indicated on the plan he presented to the Board. Mr. Hart replied that part of the two storage trailers did lie on someone else's property. White stated that she had a concern with that situation.
Motion carried unanimously.
3. Town of Newton, NH review of initial conceptual plans for improved road design of Rowe's Corner intersection.
Mike Vignale of KV Partners, LLC made a presentation to the board of the initial conceptual plans for improved road design of the Rowe's Corner intersection. Two concepts were developed for the intersection:
- Four way intersection with 2 stop signs (one on Maple Avenue and one on Rt. 108 heading north) and
- Roundabout.
Mr. Vignale stated that the redesigned four way intersection improved traffic flow and increased safety. However, the roundabout configuration was a better option. The consistent traffic volumes from all of the roads and access points at this intersection work nicely with a roundabout design. Roundabouts have historically lower crash volumes than traditional intersections. Also, the crashes that do occur are less severe. Pedestrian safety is also increased in a roundabout design.
Mr. Vignale and landscape architect Arek Galle also presented a conceptual plan for the future vision of the properties located around Rowe's Corner. They showed how the existing footprint of the properties could be converted into small businesses to revitalize the area. Sidewalks and other landscaping would visually define the village district and create safe opportunities for pedestrian foot traffic.
Doggett asked Mr. Vignale if there may be any land acquisition from local abutters.
Mr. Vignale replied that a small amount of land acquisition is possible. However, the design could be shifted to eliminate the need to acquire land.
Melvin asked Mr. Vignale if revised grading and drainage requirements have been considered.
Mr. Vignale replied that the final plan will include new, revised grading and drainage.
White asked if large trucks (tractor-trailers) will be able to safely navigate the roundabout design.
Mr. Vignale replied that the plans accommodate large trucks. There is enough space at the location to provide an appropriate radius and entrance throats for the roundabout.
Miles asked if peak periods of large traffic volume in a short period of time (such as hours around local church services) have been considered.
Mr. Vignale replied that predicted traffic volumes for the next fifteen years will use only 30% of the traffic capacity of the roundabout. The roundabout design should handle larger peak periods.
4. Town of Newton, NH review of Planning Board policies and procedures regarding schedule of fees.
Doggett presented a report from Circuit Rider Planner Brian Groth comparing the Town of Newton's Planning Board application fees with other area towns. The report detailed the application fees for a 100,000 square foot building as follows:
Newton $10,175.00
Hampton $ 3,100.00
Danville $ 1,200.00
Plaistow $ 650.00
Kingston $ 75.00
Kensington $ 25.00
Melvin asked Doggett how the Town of Newton's application fees were determined.
Doggett replied that the previous circuit rider planner expressed an RPC recommendation that towns should revise their application fee structure to adequately cover administrative costs of applications for large building projects. However, the application fee schedule as written may not be able to be justified.
Melvin asked why Newton's fees were at $10,000.00 level when next closest levels were at $3.000.00 or $1.000.00 level.
Miles replied that other towns already have administrative overhead in place. Newton utilizes mainly a volunteer force. Larger building projects have repetitive problems that require more frequent actions to be taken by officials of various town departments. Non-compliance with regulations during the building of a structure creates a lot of overhead for the town. The largest building project in Newton has a history of repeat visitations and inspections. Volunteer members of various town boards and commissions must spend extra time coordinating with state officials and incur extra costs visiting larger building projects during construction. All of these activities need to be taken into account when the Board determines its application fees.
Melvin stated that the application fee is for processing the site application only. The building department has its own fee schedule to cover its visits.
Doggett explained that many of the activities regarding the oversight of a construction project are covered by NPREA funds. He suggested capping the application fee at $3,500.00. He further suggested requiring a larger deposit for the NPREA account to cover the extra costs associated with larger building projects. The Board can only cover its own administrative expenses with the application fee. Expenses for volunteer town officials cannot be considered in an application fee. A lower application fee can be more readily justified.
Miles suggested developing a history of time spent by town officials on larger building projects in the future to provide an accurate accounting of town expenses that would justify a certain application fee figure.
Gibbs suggested setting Newton's application fee at a level similar to Hampton.
White moved to revise the Town of Newton Planning Board application fee schedule for proposed structures or expansions over 5,000 square feet to not exceed $3,500.00. Second by Gibbs. Motion carried unanimously.
White moved to hold a public hearing regarding the Town of Newton Planning Board application fee schedule at the Board's May 10, 2011 public meeting. Second by Estabrook. Motion carried unanimously.
5. Other board business.
a. Acceptance of minutes
White moved to accept the minutes of the April 12 meeting. Second by Whitman.
Discussion of motion – Milner noted that the RSA reference in the minutes for the non-public session at the April 12 meeting was incorrect. The reference should be RSA 91-A:3 II (c), not (b). The board came to a consensus to note the change in the minutes.
Motion carried unanimously.
b. Incoming Correspondence
Miles presented documents detailing the following items:
- Energy technology assistance program. There are possible valuable training and grant opportunities available.
- New Hampshire Preservation Alliance proposal to add town history chapter in Master Plan.
Milner noted that the road bond for Katherine Drive has been renewed.
6. Adjourn: The meeting was adjourned at 9:37 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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