NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
OCTOBER 23, 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 and Michael Blanchette; Alternates Mary Allen, Sandra Estabrook, and Jim Holland; BOS ex-officio Charles Melvin; and Circuit Rider Planner Julie LaBranche. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Allen to stand in for Miller.
White appointed Holland to stand in for Miles.
White welcomed Julie LaBranche as the interim Circuit Rider Planner to the Board.
2. Christi L. Donovan of Newton, NH requests a public hearing to obtain a conditional use permit for a home based business (dog grooming) at 11 Heath Street. The property is referenced as Tax Map 10, Block 1, Lot 1.
White opened the public hearing.
Ms. Donovan addressed the Board. She explained that she would like to start a small business in her home for dog grooming.
Doggett moved to accept jurisdiction of the application for a home based business (dog grooming) at 11 Heath Street. Second by Allen. Motion carried unanimously.
Estabrook asked Ms. Donovan if she was a licensed dog groomer or had any experience in that field.
Ms. Donovan replied that she had five (5) years of experience as a dog groomer.
Doggett noted that the size of the sign for the business may need to be changed to account for the second side of the sign.
Ms. Donovan replied that the sign would be one-sided.
Milner noted that the Building and Health Departments had submitted requirements that the business owner would need to satisfy prior to starting business operations.
White suggested that the Board make its approval conditional on the business owner obtaining the proper permits from the Building and Health Departments.
White asked if the dogs would be picked up by the business owner or dropped off at the home by customers.
Ms. Donovan replied that the dogs would be dropped off at the home by customers. The maximum number of clients would be eight (8) per week.
White suggested adding a condition to the approval that no boarding of dogs would be allowed.
Doggett moved that the Planning Board approve a Conditional Use Permit for a home based business (dog grooming) at 11 Heath Street (Tax Map 10, Block 1, Lot 1) for Christi L. Donovan. The Conditional Use Permit is subject to the following conditions:
- All Town of Newton permitting is obtained prior to the start of business operations.
- The business complies with all State of New Hampshire environmental standards.
- Boarding of dogs is not allowed on the property.
Second by Gibbs. Motion carried unanimously.
White closed the public hearing.
3. Town of Newton, NH public hearing to consider revisions to the Town of Newton Planning Board Subdivision Regulations, Site Plan Regulations, and Policies and Procedures manual to clarify procedures and eliminate contradictions in the documents. The Planning Board will consider revising:
- Driveway regulations in order to conform to the zoning ordinance;
- Conditional Use Permit procedures;
- Minor site plan review procedures and required exhibits;
- Fee schedule chart language;
- Editorial revisions to maintain consistency with RSA’s and other town ordinances.
White opened the public hearing.
Milner presented the revised versions of the Subdivision Regulations, Site Plan Regulations, and Policies and Procedures manual to the Board for approval. These revisions are the result of extensive consultation with the RPC and discussions at the two previous Planning Board meetings.
LaBranche noted that there are references within the regulations that mention state departments and documents that no longer exist or whose titles have changed. She suggested that these references be corrected.
Milner suggested that the title changes be incorporated into the Board’s approval of the regulations revisions.
The Planning Board came to a unanimous consensus to incorporate the title changes into the regulations revisions.
Audience member Peter Mears asked the Board for clarification of what regulations were being voted on. Doggett asked Milner to read a summary of the regulations revisions. Milner read a summary of the regulations revisions.
REGULATIONS AND PROCEDURES REVISIONS SUMMARY
- Deletions and changes to the regulations regarding driveways in order to match Access Management section of the zoning ordinance.
- Procedures associated with conditional use permit moved from site plan regulations to procedures manual. Same process used with other procedures when the procedures manual was created.
- Listing of different types of conditional use permits permitted by zoning added to the site plan regulations for clarity.
- Road acceptance procedure moved into procedures manual.
- Fee schedule chart and language re-ordered to make easier to follow.
- 100ft well radius standard adopted by Selectmen’s health ordinance added to the regulations.
- Language under minor site plan review regulations stating that plans did not need to be prepared by a professional revised to state that plans recorded at the registry need to be prepared by a professional. Also, if Planning Board requires additional information, it will be prepared.
- Term “Non-Residential” removed from title of site plan regulations and sentences where the title is referenced. Term is not an accurate description of all that the regulations entail.
- Language describing preliminary conceptual consultation and design review phases revised to conform with RSA’s.
- Language previously stating 4 year exemption from changes in regulations revised to 5 year exemption to conform with revision in the law by the legislature.
- Other less important editorial changes made.
Allen moved for the Planning Board to adopt the recommended revisions to the Town of Newton Planning Board Subdivision Regulations, Site Plan Regulations, and Policies and Procedures manual. Second by Gibbs. Motion carried unanimously.
4. Town of Newton, NH review of request by Lewis Builders Development, Inc. to amend living space square footage requirements for units located in the Sargent Woods condominium community.
Holland stepped down from the Board.
White appointed Estabrook to stand in for Holland.
Joshua Manning of Lewis Builders Development, Inc. had not yet arrived.
White suggested that the Board take up other business until Mr. Manning arrived.
5. Other Board business.
a. Acceptance of minutes.
Doggett moved to accept the minutes of the October 9 meeting. Second by Gibbs. Motion carried unanimously.
b. Manifests.
White presented a NPREA manifest to the Board. The invoices reflected payment to Town Counsel for review of letter of credit connected to Puzzle Lane Lot 27-4 and a legal advertisement.
Milner informed the Board that the Puzzle Lane NPREA account had been replenished to the required $1,000.00 balance.
Gibbs moved to pay the NPREA manifest in the amount of $217.75. Second by Doggett. Motion carried unanimously.
c. Correspondence
Milner informed the Board that the Planning Board 2013 operating budget review by the Board of Selectmen has been scheduled for November 20. The deadline to submit the Planning Board’s proposed 2013 operating budget to the Selectmen is November 15. Milner suggested that the Planning Board prepare its proposed 2013 operating budget at the Board’s November 13 meeting.
The Planning Board came to a unanimous consensus to prepare the 2013 operating budget at the November 13 meeting.
6. Town of Newton, NH review of request by Lewis Builders (continued).
Joshua Manning of Lewis Builders Development, Inc. addressed the Board. Mr. Manning asked the Board what the proper procedure would be to increase the allowed living space square footage for units located in the Sargent Woods condominium community. Currently, the Sargent Woods community has ranch style homes in which 500 square feet of basement is allowed to be finished under the 1800 square foot living space limit. Lewis Builders has received some requests from customers to finish the remaining areas of the basements in the units that are not currently allowed to be finished due to the living space square footage limit.
Mr. Manning presented floor plans for the homes to the Board members. He stated that:
- the space above the basements is approximately 1290 sq. ft.
- the current finished basement space is approximately 500 sq. ft.
- the remaining area proposed to be finished is approximately 700 sq. ft.
Mr. Manning stated that he believes that the original intent of the living space requirements in the ordinance was to limit the building footprints. The space proposed to be finished is useful space contained within the unit. There would be no increase in the footprint of the units.
Doggett stated that the building footprint is not the only concern. The increase in finished living space could increase the potential for adding extra bedrooms in the units.
White stated that she believed that the original intent of senior housing is to have down-sized units.
Doggett stated that the Sargent Woods units have already been given a waiver from 1500 sq. ft. to 1800 sq. ft. due to the special circumstances of the project at its inception. An increase in living space as proposed goes beyond the intent of this type of housing.
Gibbs stated that he can see no negative effect from allowing the increased finished space. The addition of space would improve tax implications.
Doggett explained that another elderly housing project was required to adhere to the 1500 sq. ft. living space requirement noted in the zoning ordinance. Allowing a waiver to increase living space in the Sargent Woods project could set a precedent for other projects.
Mr. Manning asked what the procedure would be to approve increased living space.
Milner read the language in the Elderly Housing zoning ordinance giving the Planning Board the authority to grant a waiver to the requirements within that section of the ordinance.
LaBranche confirmed that the Planning Board had the authority to grant the waiver. She also noted that the Planning Board’s regulations state strict criteria for granting a waiver. The criteria that need to be met encompass more than just an applicant’s desire to have more space in a unit.
White stated that Lewis Builders could file for a waiver to the living space requirement with the Planning Board. As part of its waiver request, Lewis Builders would have to provide information that satisfies the strict criteria noted in the regulations regarding granting of waivers; not just that space is available.
LaBranche noted that the spirit and intent of the ordinance is one of the stated factors that the Board must consider when determining whether or not to grant a waiver. The intent of the 1500 square foot living space requirement is not clearly stated in the ordinance language.
Holland returned to the Board.
7. Other Board business (continued).
a. Zoning amendment calendar review.
Milner presented the zoning amendment schedule deadlines and suggested dates for zoning amendment required public hearings to the Board.
The Board came to a unanimous consensus to schedule the first zoning amendment public hearing for December 18, 2012 and the second zoning amendment public hearing for January 8, 2013.
8. Adjourn: The meeting was adjourned at 8:15 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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