NEWTON PLANNING BOARD
MINUTES OF WORK SESSION
DECEMBER 13, 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 member Ann Miles; Alternate Chuck Whitman; BOS ex-officio Trisha McCarthy; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Whitman to stand in for Miller.
2. Town of Newton, NH preliminary consultation and pre-application review of proposed change in land use.
a. Richard Thomas – 11 Kenwood Drive. Proposed Home Based Business (firearms dealer).
Richard Thomas addressed the Board. Mr. Thomas stated that he wanted to operate a business out of his home for sales of firearms, hunting rifles, and other things of that nature. He would be seeking a federal firearms license. The business would be on a small scale to supplement his income. He inquired about the process for getting this type of business approved in the Town of Newton.
Doggett stated that the Mr. Thomas would need to apply for a conditional use permit with the Planning Board. Doggett asked if there would be a store front with business hours.
Mr. Thomas replied that there would be no store front. He would conduct the business for 2-4 hours per week. He would meet clients at their home.
Gibbs arrived at 7:03 pm.
Miles noted previous concerns by the Police Chief regarding the number of guns for sale in the Town of Newton. She stated that it would be important for Mr. Thomas to check with the Police Chief to address his concerns.
Mr. Thomas stated that he has already contacted the Police Chief. He explained that the ATF federal license will be reviewed by the Police Chief. Mr. Thomas also explained his background as a former U.S. Marine with experience handling explosive ordinance and storing munitions.
3. Town of Newton, NH review of performance guarantee reductions for Walnut Farm Road and Katherine Drive.
Attorney Jeffrey Merrill, representing Maplevale Builders, addressed the Board. Mr. Merrill requested the following:
- the entire amount remaining for the road bond for Walnut Farm Road be released and
- the road bond for Katherine Drive be reduced to 10% of the original amount.
Doggett presented a letter from the Town Engineer stating that Katherine Drive has been constructed to Town standards and could be considered for acceptance by the Town.
Milner noted that Walnut Farm Road has been accepted by the Town of Newton with approvals from Town Counsel, Town Engineer, and Town Road Agent.
Gibbs moved to send a memo to the Board of Selectmen recommending that the entire amount of the road bond for Walnut Farm Road be released. Second by McCarthy. Motion carried unanimously.
White moved to send a memo to the Board of Selectmen recommending that the amount of the road bond for Katherine Drive be reduced to $17,750.00 (10% of the original amount of the bond). Second by Gibbs. Motion carried unanimously.
Mr. Merrill requested that the Board authorize the relevant Town departments to begin the process for accepting Katherine Drive as a Town road.
McCarthy moved that the Planning Board authorize the relevant Town departments to begin the process for accepting Katherine Drive as a Town road. Second by White. Motion carried unanimously.
4. Town of Newton, NH review of changes to road acceptance procedure.
Doggett explained to the Board that circumstances surrounding a few roads in Newton have brought about the need to review the language in the subdivision and non-residential site plan regulations regarding releasing the maintenance bond two years after completion of a road. There are instances where a road has been completed and the process for town acceptance of the road has been delayed beyond two years. A change in the language releasing the maintenance bond two years after a road has been accepted by the Town would protect the Town's interests in the event a developer does not pursue the acceptance process in a timely manner.
Milner noted that the Town Road Agent provided a letter stating his opinion that the maintenance bond should be released two years after a road has been accepted by the Town, not two years after completion of construction. Milner stated that this change in the language would provide added protection for the Town against maintenance costs after the Town gains ownership of a road.
Miles stated that the way to ensure that the Town has a quality road whenever it is accepted is for the Planning Board to be more attentive monitoring the construction sequence and the quality of the materials used to construct the road.
Groth stated that the proposed language change releasing the maintenance bond two years after acceptance of a road, not two years after completion, is a better time frame for the Town. Tying the release of the maintenance bond to the acceptance of a road provides an insurance policy for the Town. There is no purpose for the Town to tie the release of the maintenance bond to the completion of a road.
Miles requested that the Board review the legality of the Town holding onto a bond for two years after acceptance of a road as opposed to two years after completion.
The Board came to a unanimous consensus to seek Town Counsel's advice regarding the legality of the proposed language change releasing a maintenance bond two years after acceptance of a road, not two years after completion of a road.
Milner presented proposed changes to the road acceptance procedure based on the advice of Town Counsel and input provided by other Town departments. The proposed changes are as follows:
- Move recording of deeds to the end of the procedure after a road has been accepted by the Board of Selectmen
- Add letters of recommendation from relevant Town departments that review the suitability of a road for acceptance
- Add review of the suitability of a road for acceptance by the Town Road Agent.
Groth noted that there was a requirement for a maintenance bond within the road acceptance procedure.
Milner stated that one of the reasons for the proposed language change in the subdivision and site plan regulations was to have the language in both sections of the regulations conform to one another. The Board had already accepted the concept of applying a maintenance bond after acceptance of a road since 2008.
5. Town of Newton, NH review of proposed amendments to zoning ordinances.
Doggett presented proposed amendments to the zoning ordinances for the Board's consideration.
- Omnibus amendment to make editorial changes in the zoning ordinance to correct mistakes and vague references in the document.
- Delete the mobile home definition within Residential A Zone Uses section and rely on the definition found on the definition page.
- Reorganize the language for obtaining a conditional use permit for placement of a mobile home on a lot to eliminate vague references.
- Reorganize language within the Aquifer Protection section to eliminate references to deleted sections.
- Correct typographical error within Access Management section regarding alignment of access points.
- Correct typographical error within definition of site plan to separate different uses.
- Correct typographical error within definition of aquifer to state "municipal, private, or public water supplies."
- Correct paragraph spacing within Discontinuance subsection of the Non-Conforming Lots and Uses section to eliminate confusing reference.
- Correct antiquated references to former RSA chapters and state agencies throughout the zoning ordinances.
- Add "debris'' after "fire" in item #2 of General Provisions section.
- Delete second sentence in item #9 of General Provisions section. The sentence is redundant.
- Add "Final" before "Approval" in item #3 of Light Industrial/Commercial Zone Uses.
- Delete the accessory apartment definition within the Accessory Apartment section and rely on the definition found on the definition page.
- Add elderly housing development definition found within Elderly Housing section to the definition page.
- Change the definition of a bedroom in all sections to read- "A room with an interior door that is primarily intended for sleeping."
- Add all definitions contained within the zoning ordinance to the definitions section of the document.
- Change title of the Industrial/Commercial zone to Light Industrial/Commercial zone to reflect numerous references to light industry within the section.
- Change title of Non-Conforming Lots and Uses section to Non-Conforming Lots, Structures, and Uses to numerous references to structures within the section.
- Change title of Residential Open Space-Cluster Development By Conditional Use Permit by deleting "By Conditional Use Permit." The deleted term is not necessary and redundant.
The Board came to a unanimous consensus to add the above amendments to the Town Warrant.
- Power to review site plans.
- Add new section to the ordinance stating power given to the Planning Board by State of New Hampshire RSA 674:43.
The Board came to a unanimous consensus to add the above amendments to the Town Warrant.
- Home Occupations and Home Based Businesses.
- Delete "No Town approval required." within Where Permitted subsection of the Home Occupations and Home Based Businesses section
- Change current language within Application Procedure subsection to define the process for classifying an activity as a home occupation or a home based business
The Board came to a unanimous consensus to add the above amendments to the Town Warrant.
- Elderly Housing Ordinance.
- Delete the following paragraph from the zoning ordinance:
"The total number of elderly housing units contained in any elderly housing development in the Town of Newton shall not exceed four percent of the total dwelling units then existing in the Town of Newton. The number of existing elderly housing units shall not be included in the calculation of this four percent. (Added March 2007)"
A 2007 vote of the Planning Board specifically dictated that this paragraph should not be included in the Town Warrant. The paragraph was not included in the Town Warrant that was passed. Editorial error included the paragraph in the zoning ordinance. The Planning Board has the authority to remove this paragraph without passage of a warrant article.
The Board came to a unanimous consensus to remove the above paragraph from the zoning ordinance.
- Wetland Zoning Ordinance.
The Board was presented a request from the Code Enforcement Officer to add the prohibitions within the Aquifer Protection section to the Wetlands Zoning section.
McCarthy stated that aquifers and designated wetlands areas are distinctly different entities. The language for one section cannot necessarily be transferred to the other section. The matter should be researched more thoroughly before making a change in the zoning ordinance.
Miles stated that the language change should originate with the Conservation Commission. The Conservation Commission should review any changes to the Wetlands section of the zoning ordinance.
The Board came to a unanimous consensus not to add this proposed amendment to the Town Warrant.
a. Define areas of zones specifically by MAP/BLOCK/LOT number. Residential A zone will be defined as all areas not specifically defined in other zones. Lots included within a particular zone would be listed in an appendix section (like Village District areas) that can be changed as the areas of the zones change.
b. Language – "The area of *** Zone shall be defined as the lots indicated in Appendix *** of this ordinance."
Eliminate vagueness and confusion created by defining zones with a reference to an inaccurate zoning map. Create more accurate definition of areas of zones.
The Board came to a unanimous consensus to add the above amendments to the Town Warrant.
Groth released at 10:20 pm.
Miles suggested that a definition for cluster developments be added to the definitions page.
The Board came to a unanimous consensus to have the circuit rider and administrative assistant research the zoning ordinance to create a definition for cluster development and add it to the definitions section of the document.
6. Other board business.
a. Revised administrative assistant office hours.
Doggett presented the revised office hours for the Planning Board administrative assistant to the Board.
White moved to accept the revised office hours for the Planning Board administrative assistant. Second by Gibbs. Motion carried unanimously.
b. Sargent Woods.
Doggett notified the Board that the conditions of the conditional approval for the Sargent Woods amended site plan have been met and the mylar will be signed. Doggett also notified the Board that units not previously approved for a certificate of occupancy will become ready for occupancy. He requested that the Board give the Chairman the authority to sign certificates of occupancy for all units within the Sargent Woods condominium community when they become ready for occupancy.
Gibbs moved that the Planning Board authorize the Chairman to sign certificates of occupancy for all units within the Sargent Woods condominium community when they become ready for occupancy. Second by McCarthy. Motion carried unanimously.
Joshua Manning, representing Lewis Builders, requested that the Board authorize the Town Engineer to meet with Lewis Builders to establish the bond estimate for construction of Phase II of the Sargent Woods project.
The Board came to a unanimous consensus to authorize the Town Engineer to meet with Lewis Builders to establish the bond estimate for construction of Phase II of the Sargent Woods project.
c. Acceptance of minutes.
Gibbs moved to accept the minutes of the November 22 meeting. Second by Whitman. Motion carried unanimously.
d. Manifests.
Doggett presented a NPREA manifest to the Board. The invoices reflected payment for construction observation and public hearing notice for the Sargent Woods project and professional review of Town acceptance of Walnut Farm Road.
Gibbs moved to the pay the NPREA manifest in the amount of $847.26. Second by White. Motion carried unanimously.
Doggett presented an operating budget manifest to the Board. The invoices reflected payment of telephone bill and legal advice connected to Walnut Farm Road acceptance procedure.
Gibbs moved to pay the operating budget manifest in the amount of $98.74. Second by White. Motion carried unanimously.
7. Adjourn: The meeting was adjourned at 10:32 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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