NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
DECEMBER 11, 2012
1. Call to Order: Chairman Barbara White called the meeting to order at 7:03 pm. In attendance were: Chairman Barbara White; Vice Chairman Jim Doggett; Planning Board member Frank Gibbs; Alternate Mary Allen; 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 Miles.
2. Winifred I. Bearce of Newton, NH requests a public hearing for a lot line adjustment for properties located at 6 and 16 Merrimac Road. The properties are referenced as Tax Map 12, Block 6, Lots 10 and 12.
Dennis Quintal of Civil Construction Management, Inc. was present to represent the applicant.
White opened the public hearing.
Mr. Quintal presented a plan to the Board for a lot line adjustment between the properties located at 6 and 16 Merrimac Road. He explained that approximately 6.3 acres of land would be transferred from the lot at 16 Merrimac Road to the lot at 6 Merrimac Road. No wetlands exist on the parcel proposed to be transferred.
The lot at 16 Merrimac Road would have approximately 5.8 acres remaining after the proposed parcel transfer.
White asked that the list of abutters to these properties be read. The list of abutters was read.
Doggett moved that the Planning Board accept jurisdiction of the application for a lot line adjustment for the properties located at 6 and 16 Merrimac Road. Second by Melvin. Motion carried unanimously.
White asked if any Board members had questions for the applicant. No questions were raised.
White asked if any abutters had questions for the applicant.
William Hussey of 20 Merrimac Road stated that currently there are no markings indicating the lot lines between his property and the properties indicated in the lot line application. He asked if the lot lines will be marked.
Mr. Quintal stated that the boundaries will be set and recorded once the plan is approved.
Doggett moved that the Planning Board approve the application for a lot line adjustment for the properties located at 6 and 16 Merrimac Road. Second by Allen. Motion carried unanimously.
White closed the public hearing.
3. Town of Newton, NH review of proposed amendments to the Town of Newton Zoning Ordinance.
Milner presented the following proposed zoning amendment to the Board.
Aquifer-Watershed Protection Ordinance. The purpose of the proposed amendment is to delete Section 4d. Conditional Uses. Section 4d. Conditional Uses refers to sections previously deleted by a town vote. The section cannot be applied to any current language. The amendment will appear on the 2013 Town Warrant as follows:
Delete:
d. Conditional Uses (Amended March 2004)
1. The Planning Board may grant approval for those uses listed above in d, 1 (previous Section d, 1 deleted by March 2004 vote) only after it is determined that all of the following conditions have been met:
a. the use will not detrimentally affect groundwater quality, nor cause a significant long term reduction in the volume of water contained in the aquifer or in the storage capacity of the aquifer;
b. the use will discharge no wastewater on-site other than that typically discharged by domestic wastewater disposal systems;
c. the proposed use complies with all other applicable provisions of this Section.
d. the land owner must prove that the standard of 4.d, 2(a) (Section 4.d, 2(a) renumbered 4.d 1(a) by March 2004 vote) will be met and that provisions for continuous perpetual compliance are in place to insure protection of the aquifer and recharge area through substantial and credible evidence submitted to the Planning Board and reviewed in accordance with Site Plan Review process, including review of submitted materials by a qualified hydrogeologist, environmental engineer or other professional consultant.
2. All conditional uses shall be subject to inspections by the Building Inspector or other agent designated by the Selectmen. The purpose of these inspections is to ensure continued compliance with the conditions under which approvals were granted. Failure to insure and maintain constant compliance with this ordinance will result in revocation of the Conditional Use Permit in accordance with RSA 676:4-a.
Allen moved to add the amendment to the Aquifer-Watershed Protection Ordinance to the 2013 Town Warrant. Second by Doggett. Motion carried unanimously.
Milner presented a second proposed zoning amendment to the Board.
Location on Lot. The purpose of the proposed amendment is to define what type of structures shall conform to the setback requirements specified in the zoning regulations. This amendment is proposed by the Building Department to eliminate uncertainty when trying to apply the zoning ordinance setback requirements to types of construction that are not buildings. This amendment will apply to RES A and RES B Zone Area Regulations.
Proposed language with changes in BOLD as follows:
Location on Lot: No building or structure, with exception to tanks and leaching beds of a septic system, which is subject to the permitting requirements set forth in the current State of New Hampshire Building Code, shall be within 65 feet of the centerline of the street. If the lot is a corner lot, the 65-foot distance will be calculated from the numbered side of the house. (Amended March 1995) Side and rear setbacks shall be 25 feet from lot lines. Side and rear setbacks may be reduced to not less than five feet (5 ft.) for one (1) accessory storage structure less than 120 square feet in size. (Amended March 2000) All accessory buildings and structures (i.e. decks of all sizes, storage sheds, playhouses, carports, swimming pools, or similar type of construction) shall
meet the above mentioned setback requirements.
LaBranche suggested replacing ‘all’ with ‘other’ before ‘accessory buildings’ in the last sentence to eliminate a contradiction with the previous sentence. The Board came to a unanimous consensus to replace ‘all’ with ‘other.’
White suggested adding ‘larger than 120 square feet in size’ after ‘storage sheds’ in the last sentence to eliminate possible contradiction with the previous sentence. The Board came to a unanimous consensus to add ‘larger than 120 square feet in size’ after ‘storage sheds.’
The amendment will appear on the 2013 Town Warrant as follows:
Location on Lot: No building or structure, with exception to tanks and leaching beds of a septic system, which is subject to the permitting requirements set forth in the current State of New Hampshire Building Code, shall be within 65 feet of the centerline of the street. If the lot is a corner lot, the 65-foot distance will be calculated from the numbered side of the house. (Amended March 1995) Side and rear setbacks shall be 25 feet from lot lines. Side and rear setbacks may be reduced to not less than five feet (5 ft.) for one (1) accessory storage structure less than 120 square feet in size. (Amended March 2000) Other accessory buildings and structures (i.e. decks of all sizes, storage sheds larger than 120 square feet in size, playhouses, carports, swimming pools,
or similar type of construction) shall meet the above mentioned setback requirements.
Allen moved to add the amendment to Location on Lot for the Residential A and B Zone to the 2013 Town Warrant. Second by Doggett. Motion carried unanimously.
Milner presented a third proposed zoning amendment to the Board.
Location on Lot. The purpose of the proposed amendment is to make editorial changes which clarify the original intent of the light industrial/commercial zone area regulation and its previous amendments.
Milner explained that the interpretation of the setback requirements for the light industrial/commercial zone has historically been that abutting properties which were both within the LI/COMM zone had a 50 foot setback requirement from the lot lines. However, amendments in 2004 and 2009 to increase the setback and buffer areas between the LI/COMM zone and other zones may have inadvertently changed this intent by using incorrect grammar. Based on a review of the current language with the circuit rider planner, the language now requires a 200 foot setback not only between LI/COMM and other zones, but also abutting properties which are both within the LI/COMM zone. Milner suggested that the Board consider making editorial changes to the location on lot section of the LI/COMM zone regulations to conform to
the original intent of the LI/COMM zone setback requirements.
After review and discussion of the current language, the Board came to a unanimous consensus to make editorial changes to the current language to conform to the original intent of the LI/COMM zone setback requirements.
As suggested by LaBranche, proposed language with changes in BOLD and struck out as follows:
Location on Lot: (Amended March 2004, amended March 2009)
- Side yard 200 foot structural setback with a minimum 50 foot undisturbed natural buffer when abutting any other zone and any additional buffer that may be required by the Planning Board up to but not exceeding 1,500 feet
on any side that abuts any other Zone when abutting any other zone;
- Rear yard 200 foot structural setback with a minimum 50 foot undisturbed natural buffer when abutting any other zone and any additional buffer that may be required by the Planning Board up to but not exceeding 1,500 feet
where it abuts any other Zone when abutting any other zone, plus adequate provision for off-street parking as determined by the Planning Board.
- No building shall be set within 75 feet of the centerline of the street and within 50 feet of any lot line.
Allen moved to add the amendment to Location on Lot for the Light Industrial/Commercial Zone to the 2013 Town Warrant and add this item to the agenda and noticing for the second zoning amendment public hearing scheduled for January 8, 2013. Second by Doggett. Motion carried unanimously.
4. Other Board business.
a. 2013 Circuit Rider Planner contract review.
White presented the proposed 2013 Circuit Rider Planner contract to the Board. The proposed $10,065.00 cost is the same as the cost for 2012.
Doggett moved that the Board accept the proposed 2013 Circuit Rider Planner contract with the Rockingham Planning Commission and authorize the Chairman to sign the contract. Second by Gibbs. Motion carried unanimously.
b. NPREA account refund.
Milner informed the Board that all invoices have been paid for the Sargent Woods second amended site plan project. He asked the Board for permission to close the NPREA account for this project and return any unused funds.
Doggett moved to close the NPREA account for the Sargent Woods second amended site plan project and return the existing balance of $234.50 to the developer. Second by Gibbs. Motion carried unanimously.
c. Acceptance of minutes.
Doggett moved to accept the minutes of the November 13 meeting. Second by Allen. Motion carried unanimously.
d. Manifests.
White presented an operating budget manifest to the Board. The invoices reflected payment of telephone bill and travel expenses to training seminars.
Doggett moved to pay the operating budget manifest in the amount of $162.57. Second by Melvin. Motion carried unanimously.
e. Correspondence.
LaBranche informed the Board that a new circuit rider planner may be assigned to the Board in January 2013.
LaBranche informed the Board that the New Hampshire Community Planning Grant Program will be offering grants to improve zoning ordinances and site plan regulations. The Board came to a unanimous consensus to have the circuit rider planner research the details of the grant requirements and inform the Board how to apply for this grant.
5. Adjourn: The meeting was adjourned at 8:03 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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