NEWTON PLANNING BOARD
MINUTES OF PUBLIC MEETING
OCTOBER 9, 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 members Frank Gibbs, Ann Miles, and Michael Blanchette; BOS ex-officio Charles Melvin; and Circuit Rider planner Brian Groth. Minutes were transcribed by Administrative Assistant Rick Milner.
Miles did not join the Board for the first item on the agenda.
2. Town of Newton, NH review of request for extension of subdivision plan approval for lots at 11, 12, and 14 Sarah’s Way. The properties are referenced as Tax Map 10, Block 2, Lots 10-9, 10-11, and 10-12.
White noted that the owner of the properties, Ann McKillop Araki, had provided the Board with a signed letter requesting the extension and authorizing Ann Miles to represent the property owner at the Planning Board meeting. Ann Miles was present to represent the property owner.
Ms. Miles stated that she resided at 8 Sarah’s Way in Newton. Ms. Miles asked the Board for a one year extension of the subdivision plan approval for the lots at 11, 12, and 14 Sarah’s Way. She stated that it was not feasible to construct three homes on the lots due to the current economic conditions. She further stated that there are no changes to the approved plans.
Milner asked if there has been any work done on the lots besides tree cutting.
Miles stated that no work has been done except tree cutting last year and stabilization of the land last fall.
Melvin moved that the Planning Board approve a one year extension of the subdivision plan approval for the lots at 11, 12, and 14 Sarah’s Way. Second by Doggett.
Discussion of motion – Sheila Bergeron of 7 Sarah’s Way addressed the Board. Ms. Bergeron stated that she believed that there was work being done on the properties. She has seen trucks entering and leaving the properties all the time.
She requested that a site walk be conducted on the properties to investigate for possible violations.
Motion carried unanimously.
Miles joined the Board.
3. Town of Newton, NH review of proposed revisions to subdivision regulations, site plan regulations, and procedures manual.
Groth and Milner presented a summary of the proposed revisions to the subdivision regulations, site plan regulations, and procedures manual prepared by Groth and Milner. Major revisions to the regulations include the following:
- revisions to regulations regarding driveways in order to conform to the Access Management section of the zoning ordinance
- move procedures regarding conditional use permits from the site plan regulations to the procedures manual
- fee schedule chart and language re-ordered to make easier to follow
- term ‘Non-Residential’ removed from site plan regulations because it is not an accurate description of all that the site plan regulations entail
- revisions to minor site plan review language to enhance proper application of the regulations and eliminate confusion in the procedures
- editorial changes to make the regulations conform with the State of New Hampshire RSA’s and be easier to follow.
Melvin asked about the change in the regulations stating a 100 foot well radius requirement.
Milner explained that research indicated that a health ordinance was passed at Town Meeting in 1987 mandating the 100 foot well radius requirement. The regulations were revised to conform to this requirement.
Miles asked how the language change in the regulations affects the Board’s ability to hold technical review meetings as it had done in the past.
White responded that the past method used to hold technical review meetings for proposed plans went beyond the limits imposed by the RSA’s for preliminary conceptual consultation. Going forward, technical review meetings can only be held at a regular meeting after noticing abutters and the general public.
Milner presented the preliminary list of proposed zoning amendments to be added to the town warrant for the 2013 Town Meeting. The list included issues that required more immediate attention and items for future Board consideration.
The Board held a general discussion about the purposes and intentions for some zoning amendments including, but not limited to:
- definition of piggeries
- inconsistency in Aquifer Protection Ordinance
- accessory apartment limits
- setbacks
4. Other Board business.
a. Review of proposed 2013 RPC dues.
White presented a letter from the RPC detailing the dues for 2013. The dues for 2013 will be $4,335.00. The dues for 2012 were $4,281.00
Doggett suggested that the Board add the 2013 dues figure into the Board’s 2013 budget proposal.
The Board came to a unanimous consensus to add the 2013 RPC dues figure to the Planning Board’s 2013 budget proposal.
b. Acceptance of minutes.
Doggett moved to accept the minutes of the September 25 meeting. Second by Gibbs. Motion carried 5-0 with Miles abstaining.
c. Manifests.
White presented an operating budget manifest to the Board. The invoices reflected payment for telephone bill and office supplies.
Doggett moved to pay the operating budget manifest in the amount of $83.80. Second by Gibbs. Motion carried unanimously.
White presented a NPREA manifest to the Board. The invoice reflected payment to Town Counsel for review of letter of credit connected to Puzzle Lane Lot 27-4.
Milner notified the Board that the NPREA account connected to the Puzzle Lane Lot 27-4 project had fallen below the required minimum balance. 125 Development NH Corp. had not responded to the Board’s earlier request for replenishment to the required $1000.00 balance.
Doggett moved to send a certified letter to 125 Development NH Corp. requiring replenishment of the NPREA account for Puzzle Lane Lot 27-4 to a $1000.00 balance by the close of business at Newton Town Hall on October 23, 2012 at 4pm. If the payment is not received by the deadline, the Planning Board will issue a cease and desist order for all construction activities at the Puzzle Lane commercial subdivision project. Second by Gibbs. Motion carried unanimously.
The Board came to a unanimous consensus not to pay the Town Counsel’s invoice until payment has been received to replenish the NPREA account connected to the Puzzle Lane Lot 27-4 project.
d. Correspondence.
White notified the Board that this was the final meeting for Groth as the Circuit Rider Planner. White thanked Groth for his hard work and assistance over the last three years.
5. Adjourn: The meeting was adjourned at 8:40 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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