NEWTON PLANNING BOARD
MINUTES OF WORK SESSION
AUGUST 23, 2011
1. Call to Order: Chairman Jim Doggett called the meeting to order at 7:02 pm.
In attendance were: Chairman Jim Doggett; Vice Chair Barbara White; Planning Board member Frank Gibbs; Alternates Mary Allen, Charles Melvin, and Sandra Estabrook; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Estabrook to stand in for Miles.
Doggett appointed Allen to stand in for Vaillant.
Doggett appointed Melvin to stand in for Miller.
2. Town of Newton, NH review of code enforcement issues at Rowe's Corner Market, 1 Pond Street.
Girish Patel, operator of Rowe's Corner Market, was present.
Larry Middlemiss, Code Enforcement Officer, addressed the Board. Mr. Middlemiss stated that he received a written complaint that the site was not in compliance with Newton's zoning ordinances because the grandfathered non-conforming site had been made more non-conforming. Mr. Middlemiss presented a historical reference photograph and a current conditions photograph to the Board. The photographs showed how the site had significantly changed from its earlier condition. The current conditions photograph identified the following issues that pertained to the Planning Board's site plan review function:
- Signage added to site.
- Ice cooler added to site.
- Two clothing donation bins added to site.
Mr. Middlemiss requested that the Planning Board provide input on the code enforcement issues represented in the photographs to help him come to a fair remedy.
Based on the historical photographic evidence presented and Section X, subsection 5 of the Town of Newton Zoning Ordinance ("All non-conforming structures and uses which predate the adoption or amendment of this ordinance may continue in their present use."), the Planning Board came to a consensus on the following opinions:
- Signs located in area 1D of property photo –
- Sign attached to pole on left side of large white sign may remain in place.
- Sign attached to pole on right side of large white sign must be moved back to spot to the left of the large white sign indicated in historical reference photo. This sign must also replicate the same free-standing metal frame form of the original sign shown in the historical reference photo. If it is not possible to match the type of sign shown in the reference photo, then this sign must be permanently removed.
Miles arrived at 7:18 pm. Miles stepped down from the Board.
- All signs located in area 1E of property photo must be permanently removed.
- Signs located in area 1G of property photo-
- Ice cream sign and cigarette sign may remain in place.
- All other signage must be permanently removed.
Newton resident Ann Miles addressed the Board. Ms. Miles stated that a non-conforming lot cannot be made more non-conforming. The area in which this lot is located is a village district zone. In order to maintain the feel and historical character of a village, there needs to be clearly defined signage requirements. The signage should only refer to the business within the location. Also, the large white sign with extra signs attached to its poles creates many traffic safety issues by blocking view of oncoming traffic when it is lit at night and creating a lack of safe snow storage and parking areas on the site.
White stated that she understands the issues raised concerning village signing requirements. However, in this particular situation, some leniency regarding signage should be allowed because this is a pre-existing business.
Doggett noted that some of the signs on the property are pre-existing and non-conforming uses. The Board cannot require the pre-existing signage to conform to a new set of regulations.
- Exterior ice cooler located in area 2 of property photo may remain in place.
- All clothing bins located in area 3 of the property photo must be permanently removed.
Miles rejoined the Board.
3. Other board business.
a. RPC regional transportation needs survey.
Groth explained survey details and importance of taking the survey.
Miles asked Groth to explain the Sustainable Communities Initiative Grant and how it applies to Newton.
Groth explained that the RPC was trying to obtain funds that it could use for all of its member communities.
Miles suggested that the Planning Board write a letter of support for the grant application.
White moved that the Planning Board send a letter of support for the Sustainable Communities Initiative Grant Application. Second by Miles. Motion carried unanimously.
b. Operating budget review.
Doggett presented the Planning Board operating budget to the Board. As of July 31, the Board had expended $23,906.03 of the $50,348.00 total budget.
Gibbs asked for clarification on how the circuit rider planner contract is determined.
White explained how the RPC estimates the contract cost based on average number of hours spent by the circuit rider planner attending meetings and researching issues before the Board.
c. Acceptance of minutes.
Allen moved to accept the minutes of the August 9 meeting. Second by Gibbs.
Discussion of motion – Milner noted that some versions of the minutes for the August 9 meeting omitted Melvin rejoining the Board after the cell tower modification discussion. He wanted to note for the record that Melvin rejoined the Board after the cell tower modification discussion at the August 9 meeting.
Motion carried unanimously with Miles abstaining.
d. Manifests.
Doggett presented a NPREA manifest to the Board. The invoices reflected payment for construction observation at the Sargent Woods and Puzzle Lane developments.
Gibbs moved to the pay the NPREA manifest in the amount of $550.52. Second by White. Motion carried unanimously.
e. Incoming correspondence.
White presented to the Board information regarding upcoming LGC law lecture training series. The three sessions discuss various land use issues.
White moved to approve payment of fees, mileage, and hourly wage for the administrative assistant's attendance at the three LGC law lecture series sessions. Second by Melvin. Motion carried unanimously.
White moved to approve payment of fees and mileage for Board members' attendance at the three LGC law lecture series sessions. Second by Melvin. Motion carried unanimously.
4. Adjourn: The meeting was adjourned at 8:13 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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