NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND PUBLIC MEETING
FEBRUARY 14, 2012
1. Call to Order: Chairman Jim Doggett called the meeting to order at 7:04 pm.
In attendance were: Chairman Jim Doggett; Vice Chair Barbara White; Planning Board member Frank Gibbs; Alternates Sandra Estabrook and Charles Melvin; BOS ex-officio Trisha McCarthy; and Circuit Rider Planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Estabrook to stand in for Vaillant.
Doggett appointed Melvin to stand in for Miller.
2. Sandra Bearce of Newton, NH requests a public hearing for a lot line adjustment for properties located at 6 and 8 Merrimac Road. The properties are referenced as Tax Map 12, Block 6, Lots 10, 11, and 14-1.
Doggett opened the public hearing. Engineer Dennis Quintal was present to represent the applicant. Sandra Bearce was not present. Milner presented a letter from the applicant authorizing Mr. Quintal to represent the applicant.
Mr. Quintal addressed the Board. Mr. Quintal presented a plan for a lot line adjustment for properties located at 6 and 8 Merrimac Road with the following purposes:
- square off Lot 11 to make it more closely conform to the Town's regulations and
- provide access to and eliminate landlocked condition of Lot 14-1 by adding land from Lot 11 to Lot 14-1 and consolidating Lot 14-1 with Lot 10.
The plan indicates the following:
- current lot lines to be eliminated and revised lot lines to be created
- current and revised acreage and frontage of the properties
- existing buildings on the properties and
- physical features and easements on the properties.
Melvin moved for the Planning Board to take jurisdiction of the application for a lot line adjustment at 6 and 8 Merrimac Road. Second by White. Motion carried unanimously.
Doggett asked for comments from the Board, abutters, and the public. No comments were made.
Melvin moved for the Planning Board to approve the application for a lot line adjustment at 6 and 8 Merrimac Road and a mylar copy of the plan be recorded at the County Registry. Second by White. Motion carried unanimously.
Doggett closed the public hearing.
3. Town of Newton, NH preliminary consultation and pre-application review of proposed changes in land use.
- Matt Ingham and Sarah Fowler – 9 West Main Street. Proposed expansion of restaurant business.
Mr. Ingham addressed the Board. Mr. Ingham stated that, due to his lack of knowledge regarding proper approval processes, his restaurant is currently operating without a certificate of occupancy. The Town of Newton code enforcement department is requiring that he obtain the appropriate approvals from all relevant Town authorities to operate his restaurant business. He would like to be approved to have seven (7) seats in the restaurant. The building department indicated that adding seating was an expansion beyond the "no seating" condition on the previous certificate of occupancy. Appropriate bathroom facilities need to be constructed if seating is added to the business. He has obtained a variance from the State of New Hampshire to waive the bathroom requirements for the restaurant.
Milner notified the Board that the State of New Hampshire variance indicated five (5) seats or less.
Ms. Fowler asked the Board for clarification on the approval process.
Milner explained to the prospective applicants how they must get the approval of their plan from several Town departments to obtain a certificate of occupancy. Planning Board approval is merely the first step. The applicants must ultimately satisfy all of the requirements imposed by the code enforcement department.
Estabrook asked if the property owner will be involved in the planning and approval process.
Doggett notified the prospective applicants that the property owner must be involved in the planning and approval process. The prospective applicants may not act without the owner's authorization.
Groth stated, in response to Ms. Fowler's question regarding procedure, that any change to the property (including added indoor or outdoor seating and possible addition of a walk-up window as indicated in the prospective applicants' letter to the Board) will require the prospective applicants to file an application for a non-residential site plan review. Groth also noted that, since the property is located within the Village District zone, the application would have to address the requirements stated in the Village District ordinance.
Milner notified the Board that other proposed changes to the property (such as a propane tank exchange service) have been brought to the attention of the Planning Board office. He suggested that the prospective applicants coordinate with the property owner to create a comprehensive plan for the site that includes all proposed changes, not just seating for the restaurant.
4. Town of Newton, NH review of conditional use permit for a home based business (firearms dealer) at 7 Valley Drive for David Morgan.
Doggett, in response to the Board's motion at the previous meeting for details concerning the firearms business at 7 Valley Drive, presented the following:
- a letter from David Morgan attesting to the number of firearms sales for his home based business and
- verbal notification from Police Chief Lawrence Streeter confirming that there were no police calls to 7 Valley Drive regarding the firearms business in the past two years.
Doggett suggested that the conditional use permit be given final approval.
Melvin suggested that the business be reviewed again in two years.
Doggett and White stated that the Board's function was to review plans to determine appropriate proposed land use, not monitor the actions of a home based business.
White moved for the Planning Board to grant final approval of the conditional use permit for a home based business (firearms dealer) at 7 Valley Drive for David Morgan. Second by McCarthy. Motion carried unanimously.
5. Town of Newton, NH review of excavation site plan for Puzzle Lane commercial subdivision project lot 27-4.
Milner presented two letters from the Town Engineer regarding his review of the excavation site on Lot 27-4 of the Puzzle Lane commercial subdivision project. The letters indicated the following:
- areas of excavation that violated the approved excavation site plan and
- communication between the Town Engineer and the developer regarding the methods to correct the violations.
Groth noted that the developer dug into the water table.
McCarthy expressed the Conservation Commission's concern that the wetlands be protected.
Doggett suggested that the Conservation Commission perform a site walk with the Town Engineer to evaluate the excavation site.
Gibbs and Melvin suggested that the Town Engineer be present when the developer fills in the areas excavated in violation of the approved plan to monitor the restoration operation and ensure on-site materials that conform to the Town's ordinances and regulations are used to restore the excavation site.
Estabrook moved for the Planning Board to send a letter to the Town Engineer indicating the following:
- The Town Engineer must be present at all times during all restoration operations to monitor material used to fill the excavation and bring the infiltration basin into compliance with Town of Newton ordinances and regulations and the approved excavation site plan.
- Prior to the commencement of restoration operations, the Town Engineer must conduct a site walk with members of the Conservation Commission to evaluate excavation site conditions.
Second by White. Motion carried unanimously.
White moved for the Planning Board to send a letter to the developer indicating the following:
- The Planning Board has been informed that excavation has been performed that is not in compliance with the approved excavation site plan. The Developer must meet with the Town Engineer to create a reclamation plan that will restore areas not approved for excavation and bring the site back into compliance with the approved excavation site plan.
- The Town Engineer must be present at all times during all restoration operations to monitor material used to fill the excavation and bring the infiltration basin into compliance with Town of Newton ordinances and regulations and the approved excavation site plan.
- Excavation must be restored with on-site material that conforms to the Town of Newton ordinances and regulations and is approved by the Town Engineer.
Second by Melvin. Motion carried unanimously.
Groth released at 8:00 pm.
6. Other Board business.
a. Alternate appointment.
Milner presented a letter to the Board requesting that he be re-appointed to a three-year term as an alternate member of the Planning Board.
White moved that the Planning Board re-appoint Richard Milner to a three-year term as an alternate member of the Planning Board to expire on April 13, 2015. Second by McCarthy. Motion carried unanimously.
a. Acceptance of minutes.
White moved to accept the minutes of the January 31 meeting. Second by Melvin. Motion carried unanimously.
b. Manifests.
Doggett presented a NPREA manifest to the Board. The invoice reflected payment of legal ads for public hearings.
Gibbs moved to pay the NPREA manifest in the amount of $94.00. Second by White. Motion carried unanimously.
Doggett presented an operating budget manifest to the Board. The invoices reflected payment of the first installment of the circuit rider planner contract, telephone bill, and a legal advertisement.
Gibbs moved to pay the operating budget manifest in the amount of $5,234.15. Second by White. Motion carried unanimously.
c. Correspondence.
Milner informed the Board that all conditions listed in the conditional approval granted for the equestrian facility business site plan at 6 Sarah's Way have been met. He presented the mylar copy of the plan for the Board's review.
White moved for the Planning Board to authorize the Chairman to sign the mylar copy of the equestrian facility business site plan at 6 Sarah's Way for recording at the County Registry. Second by Melvin. Motion carried unanimously.
7. Adjourn: The meeting was adjourned at 8:30 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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