NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND PUBLIC MEETING
JANUARY 31, 2012
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 Ann Miles 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 Melvin to stand in for Gibbs.
Doggett appointed Estabrook to stand in for Vaillant.
2. Richard Thomas of Newton, NH continuation of a public hearing to obtain a conditional use permit for a home based business (firearms dealer) at 11 Kenwood Drive. The property is referenced as Tax Map 7, Block 3, Lot 22-12.
Mr. Thomas addressed the Board. Mr. Thomas presented his business plan to the Board. Some details from the plan are as follows:
- The purpose of the home based business is to supplement retirement income by buying, selling, repairing, and modifying firearms.
- The applicant is a former U.S. Marine with expertise in munitions.
- No advertising will occur on the property.
- Approximate time spent on firearms business – Four days per week (No Sundays), four hours per day.
- Town acceptance of the business is the first step in the approval process. The application will be subject to approval from the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). The federal approval is contingent upon a site visit, interview, and extensive background check of the applicant.
Miles asked the applicant why he chose to operate the business out of his home and not within another type of zoned area (such as the Village District Zone).
Mr. Thomas responded that he was trying to keep the business as low-key as possible. Also, operating the business out of his home was less costly and provided flexibility in operating hours.
Melvin stated that a home based firearms business is very typical in the State of New Hampshire.
Miles stated that the Town of Newton needs to examine regulations limiting how many firearms sales businesses are allowed within the Residential A zone.
Doggett stated that the current zoning ordinances do not prohibit a home based firearms business. The Planning Board cannot deny the current application as long as it conforms to the current zoning ordinances and regulations. In his opinion, the current application conforms to the ordinances and regulations.
Estabrook moved to accept jurisdiction of the application. Second by White. Motion carried 5-0-1 with Miles abstaining.
Doggett asked for abutter comments. There were no abutters present. Milner presented two letters from residents in the Kenwood Drive neighborhood opposing a firearms sales business within a residential neighborhood.
Groth asked if the business operations conformed to the home based business ordinance by not exceeding 25% of the total floor area of finished floor space of the dwelling.
Mr. Thomas responded that the business operations would use far less than 25% of the total floor area. He presented photos to the Board of the office and storage areas to be used.
Estabrook asked for specifics on the quantity of firearms and ammunition for sale that will be stored on the property.
Mr. Thomas responded that a maximum of six (6) firearms will be available for sale on the property. There will be no ammunition available for sale on the property. All ammunition will be for the applicant's personal use.
White asked the applicant how he was going to advertise his business.
Mr. Thomas responded that he would generate business primarily from word of mouth. He has no need or desire to grow the business beyond what he has presented to the Board.
White asked if the firearms customers are subject to background checks.
Mr. Thomas responded that the firearms customers are required to submit to background checks.
Miller asked for specifics regarding security to prevent theft of the firearms on the property.
Mr. Thomas responded that the following security features are in place:
- There are locks throughout the home.
- The firearms are stored in 800 lb gun safes bolted to the walls.
- The applicant owns a large German Shepherd dog.
- There is a family presence in the home a majority of the time.
- An alarm system may be purchased in the future if funds become available.
Doggett asked for public comment.
Resident Jessica Ouellette addressed the Board. She asked the applicant what kind of firearms would be available for sale and if the business would include restoring guns.
Mr. Thomas responded that a variety of firearms (such as long guns, hunting guns, and hand guns) would be available for sale. Services, such as repair and modification of firearms, would also be provided.
Ms. Ouellette stated that she was concerned that a firearms business would attract a bad element to a neighborhood with children.
Mr. Thomas responded that he does not want to do anything that will compromise the safety of the neighborhood. He works for the federal government. He associates and conducts business with responsible, law-abiding citizens. He has gone above and beyond what other gun owners do to ensure that his firearms are secure.
Resident Heather Bell asked the applicant what kind of license he would receive from the government.
Mr. Thomas responded that he would apply for a FLL license that would include specifics concerning the types of firearms for sale. The ATF would conduct an interview and site visit.
Ms. Bell asked, if the applicant changed the nature of or expanded the firearms business, would the community need to be notified of the change.
Melvin responded that the community would need to be notified of a change in the business.
Ms. Bell stated her concern with the character of the customers and the increase of traffic coming to the neighborhood to purchase the firearms.
Mr. Thomas responded that he has a vested interest in the well-being of the neighborhood in which he lives. He will comply with all state and federal laws. Minimizing negative impacts on the neighborhood will outweigh any desire to generate sales.
Ms. Bell stated her opposition to a firearms business in the neighborhood.
White stated that every firearms customer must submit to a federal background check. In her opinion, the applicant secures his guns better than most other people in the Town of Newton.
Miles stated that the Planning Board has no plan to evaluate and control the number of firearms businesses in the Town of Newton. A policy needs to be created in the Town of Newton regarding firearms businesses.
Doggett stated that the Planning Board must follow the current zoning ordinances. Residents may create amendments to the zoning ordinances if they wish to regulate firearms businesses.
Groth stated that the applicant is meeting the requirements of the current zoning ordinances. He concurred with Doggett that residents may create a petition for town vote to prohibit firearms sales within home based businesses.
Miller moved to issue a conditional use permit to Richard Thomas for a home based business (firearms dealer) at 11 Kenwood Drive. Second by Melvin. The motion carried 4-2 with Miles and Estabrook opposed.
White suggested that a review of the business be conducted after two (2) years as was required for the previous firearms business approved by the Board. Doggett suggested that the Board reconsider its previous motion and entertain a new motion.
White moved that the Planning Board reconsider the motion to issue the conditional use permit for the home based business application at 11 Kenwood Drive. Second by Miller. Motion carried unanimously.
White moved to issue a conditional use permit to Richard Thomas for a home based business (firearms dealer) at 11 Kenwood Drive. The conditional use permit shall expire on March 1, 2014. At that time, the business will be subject to review by the Planning Board without fee to the applicant. Second by Miller. Motion carried 4-2 with Miles and Estabrook opposed.
Doggett closed the public hearing.
3. Town of Newton, NH review of conditional use permit for a home based business (firearms dealer) at 7 Valley Drive for David Morgan.
Mr. Morgan addressed the Board. Mr. Morgan stated that he has operated the firearms business out of his home for the past two years. He has sold firearms through the internet, to personal friends, and to some customers of his previous business. In the last two years, the maximum number of customers that came to his home to purchase firearms in any one year was approximately 31. These sales are highly regulated by state and federal authorities. The purpose of his business is to subsidize his retirement income. He has had no calls to the police regarding the firearms business in the last two years.
Miller asked if the Board was aware of any complaints.
Milner responded that the Board was not aware of any complaints.
Residents in attendance stated their concern that knowledge of a firearms business in a residential neighborhood would bring unwanted increased business traffic to the neighborhood.
Doggett explained that the history of similar licensed dealers in the Town of Newton has not shown an increase of unwanted business traffic to these neighborhoods.
Melvin suggested that the Board request documentation from the applicant regarding the number of customers for the firearms business. White also suggested that the Board obtain a letter from the Police Chief confirming the applicant's claim that no police calls occurred regarding the firearms business.
Groth suggested that the applicant provide a letter attesting to the number of firearms sales at his property for the two previous years. The Board came to a consensus that such a letter was sufficient evidence of the number of firearms sales at the property.
Resident Renee King stated her concern that there was no accountability for the number of firearms sold by a business and the number of businesses that may be allowed within the town.
Mr. Morgan responded that his business was accountable to the federal government and the regulations established by the ATF.
White moved to continue the review of the home based business (firearms dealer) at 7 Valley Drive to the February 14, 2012 meeting. At that time, the letter from the applicant attesting to the number of customers and the letter from the Police Chief attesting to the number of official police calls regarding the firearms business will be reviewed. Second by Miller. Motion carried unanimously.
4. Other Board business.
a. Proposed state legislation discontinuing regional planning commissions.
Miller informed the Board of proposed legislation to discontinue regional planning commissions. Miller suggested that the Board send a letter to state legislature representatives supporting regional planning commissions and opposing the proposed legislation.
White moved that the Planning Board send a letter to state legislature representatives supporting regional planning commissions and opposing the proposed legislation. Second by Miles. Motion carried unanimously.
Groth released at 8:40 pm.
b. Review of NPREA accounts.
Doggett informed the Board that, per the Board's November 8, 2011 review, certified letters were sent to developers of NPREA accounts that required replenishment. At the present time, the Sarah's Way extension account had not been replenished.
Miles stepped down from the Board to address the Board on this matter.
Miles stated that there was no activity on the property and the current owner may sell the property. There was no need for replenishment funds.
Melvin stated that regardless of the current activity on the property all developers must abide by the same regulations. Doggett concurred with Melvin that all developers must abide by the same the regulations.
Miles requested a certified letter detailing the amount for replenishment of the NPREA account and a copy of the Board's regulations regarding this matter be sent to her.
Doggett suggested that a letter be sent to the land owner and agent of record for the Sarah's Way extension project requesting replenishment of the NPREA account within thirty (30) days.
Miles left the meeting.
White stated that there was a need for the NPREA fund replenishment due to possible issues that may arise with the winter stabilization of the property.
Miller moved that certified letters be sent to the owner and the agent of record for the Sarah's Way extension subdivision stating that $500.00 must be added to the NPREA account to cover professional reviews associated with this subdivision. The letters should state that payment must be made within 30 days of the date of the correspondence. Second by Melvin. Motion carried unanimously.
c. Acceptance of minutes.
White moved to accept the minutes of the January 17 meeting. Second by Miller. Motion carried unanimously.
d. Manifests.
Doggett presented a NPREA manifest to the Board. The invoice reflected payment to Town Counsel for correspondence regarding road acceptance.
White moved to pay the NPREA manifest in the amount of $54.25. Second by Melvin. Motion carried unanimously.
Doggett presented the Board's copier maintenance renewal contract to the Board.
Melvin moved to authorize the Planning Board Chairman to sign the Board's copier maintenance renewal contract. Second by Miller. Motion carried unanimously.
Doggett presented an operating budget manifest to the Board. The invoice reflected payment of the copier maintenance renewal contract.
White moved to pay the operating budget manifest in the amount of $625.00. Second by Estabrook. Motion carried unanimously.
e. 2012 Planning Board open positions.
Milner informed the Board and the public that two Planning Board positions were open for the 2012 town election. The last day for candidates to file for candidacy was February 3, 2012.
5. Adjourn: The meeting was adjourned at 9:12 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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