NEWTON PLANNING BOARD
MINUTES OF WORK SESSION
JULY 24, 2012
1. Call to Order: Chairman Barbara White called the meeting to order at 7:00 pm. In attendance were: Chairman Barbara White; Vice Chairman Jim Doggett; Planning Board member Michael Blanchette; Alternates Mary Allen, Sandra Estabrook, and Jim Holland; BOS ex-officio Charles Melvin; Circuit Rider Planner Brian Groth was excused from the meeting. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Allen to stand in for Miles.
White appointed Holland to stand in for Miller.
The Board took up other Board business while waiting for the parties connected to the first agenda item to arrive.
2. Other Board business.
a. Review of Planning Board office copier purchase bids.
Milner presented the four competing bids to the Board for its review. The bids were submitted by Century Copier Specialists, Inc., Cameron Office Products, Konica Minolta Business Solutions U.S.A., Inc., and Ricoh USA, Inc.
Gibbs arrived at 7:06 pm.
The Board discussed the advantages and disadvantages of the competing bids.
Melvin suggested that the Board explore a wider array of service and maintenance plans after the copier is purchased.
Allen moved that the Planning Board accept the bid presented by Century Copier Specialists, Inc. for the purchase of an office copier for the Planning Board office and send a written recommendation to the Board of Selectmen to approve the purchase. Second by Melvin. Motion carried unanimously.
The Board came to a unanimous consensus without objection to research alternative service and maintenance plans for the new copier.
3. Town of Newton, NH status review of performance guarantee letters of credit for the Puzzle Lane commercial subdivision project.
Coleman McDonough was present to represent 125 NH Development Corp.
a. Guarantee for Puzzle Lane Road.
Milner informed the Board that the letter of credit connected to Puzzle Lane Road in the amount of $110,615.00 was due to expire on August 1.
Mr. McDonough stated that he had no issues with the amount. He was working with the bank to get the letter of credit renewed prior to the expiration date.
b. Guarantee for land mitigation and hydro study on Lot 27-3.
Milner informed the Board that the letter of credit connected to the mitigation plan and hydro study for Lot 27-3 in the amount of $19,743.00 was due to expire on August 1. He also informed the Board of the following:
- Mr. McDonough has officially requested that this guarantee be eliminated.
- The Conservation Commission has approved of the elimination of the land mitigation portion of the guarantee.
- The Town Engineer sees no reason for the hydro study portion at this time. The hydro study can always be added to the conditions of a future plan for Lot 27-3.
Doggett moved that the Planning Board eliminate the requirement that 125 Development NH Corp. maintain a performance guarantee connected to the Land Mitigation Plan and Hydro study for Lot 27-3 in the Puzzle Lane commercial subdivision project. Second by Allen. Motion carried unanimously.
c. Guarantee for excavation and reclamation on Lot 27-4.
Milner informed the Board that the letter of credit connected to the excavation and reclamation on Lot 27-4 in the amount of $79,136.00 was due to expire on August 19.
Mr. McDonough stated that he had no issues with the amount. He was working with the bank to get the letter of credit renewed prior to the expiration date.
White notified Mr. McDonough that, based on the past history of allowing the letters of credit to expire, the Board may issue a cease and desist order for the project if the letters of credit are not renewed by their expiration dates.
Doggett moved that the Planning Board authorize the Chairman to issue a cease and desist order for the Puzzle Lane commercial subdivision project if the guarantees are not renewed prior to their expiration dates and the Planning Board cannot schedule a meeting to vote on the matter. Second by Allen. Motion carried unanimously.
4. Town of Newton, NH review of NPREA account balances and levels of replenishment required.
a. Puzzle Lane Lot 27-4, Phase I construction and excavation.
Milner informed the Board that previous agreements with 125 NH Development Corp. required that the NPREA account for these projects needed to be replenished to $1000.00 if the account balances dropped below $500.00. Both accounts were currently below $500.00. A total deposit of $1412.72 would bring both accounts to $1000.00.
Allen moved to notify 125 NH Development Corp. that a deposit of $1412.72 into the NPREA accounts for the Puzzle Lane commercial subdivision projects was needed. If the deposits are not made within seven days, the Planning Board authorizes the Chairman to issue a cease and desist order. Second by Doggett. Motion carried unanimously.
Mr. McDonough stated that he would submit a check for the NPREA deposit the next day.
Melvin asked Mr. McDonough about a 2009 ZBA decision issuing a variance to setback requirements and requiring a berm be constructed between the Walnut Farm subdivision and Lot 27-4.
Mr. McDonough stated that the variance was not connected to his present construction project. The variance and requirement to build the berm were for a future phase of the project and will be incorporated into that plan when it is submitted for approval.
b. Sargent Woods construction.
Joshua Manning was present to represent Lewis Builders.
Milner informed the Board that Lewis Builders had made an official inquiry as to the process for replenishing the NPREA account connected to the Sargent Woods condominium community construction. He also informed the Board that the Town Engineer suggested adding $2000.00 to the NPREA account based on his projection of possible future engineering reviews.
Holland stepped down from the Board.
Allen moved to notify Lewis Builders that a deposit of $2000.00 into the NPREA account for the Sargent Woods condominium community construction was needed. Second by Doggett. Motion carried unanimously.
Manning asked the Board if a process could be established for automatically replenishing the NPREA account without the need for a Board vote at a meeting.
Milner suggested that the Board approve a procedure that the NPREA account for the Sargent Woods condominium project be replenished to $3000.00 if the account balance dropped below $1000.00.
Manning agreed with this suggestion.
Doggett moved that the Planning Board authorize that the NPREA account for the Sargent Woods condominium community construction be replenished to $3000.00 if the account balance drops below $1000.00. Second by Melvin. Motion carried unanimously.
Holland returned to the Board.
5. Other Board business.
a. Acceptance of minutes.
Doggett moved to accept the minutes of the July 10 meeting. Second by Melvin. Motion carried unanimously.
b. Manifests.
White presented a NPREA manifest to the Board. The invoice reflected payment to the Town Engineer for construction observation at Sargent Woods.
Gibbs moved to pay the NPREA manifest in the amount of $339.94. Second by Melvin. Motion carried unanimously.
c. Correspondence.
Milner informed the Board that Lewis Builders submitted an intent to cut application for the Sargent Woods condominium community to the Board of Selectmen. The purpose of the cut was to clear space for future home locations. The Town Engineer indicated his approval of the cut.
6. Adjourn: The meeting was adjourned at 7:55 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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