NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
JANUARY 8, 2013
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 Ann Miles; Alternate Rick Milner; and Circuit Rider Planners Jennifer Rowden and Julie LaBranche. Minutes were transcribed by Administrative Assistant Rick Milner.
White thanked LaBranche for her service as the interim Circuit Rider Planner.
White welcomed Rowden as the new Circuit Rider Planner.
2. Town of Newton, NH requests a public hearing to review a proposed amendment to the Town of Newton Zoning Ordinance for inclusion on the Town Warrant.
White opened the public hearing.
a. Location on Lot. The purpose of the proposed amendment is to make editorial changes which clarify the original intent of the setback requirements within the Light Industrial/Commercial Zone area regulations. The amendment will appear on the 2013 Town Warrant with proposed language changes in BOLD and struck out as follows:
1. 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 for a side yard that abuts 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 for a rear yard that abuts 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 nor within 50 feet of any lot line within the Light Industrial/Commercial Zone.
Doggett moved to place the amendment to the Light Industrial/Commercial Zone area regulations as presented on the 2013 Town Warrant and recommend acceptance. Second by Miles. Motion carried unanimously.
White closed the public hearing.
3. Town of Newton, NH review of State of New Hampshire application for auto inspection station.
- Michael Bell, Rockingham Auto Repair – 2 Puzzle Lane, unit #5
Milner informed the Board that Mr. Bell had applied to the State of NH Department of Motor Vehicles to be approved as an authorized state vehicle inspection station. Part of the application process involved the Town of Newton indicating its approval on the State of NH form. As part of the business certification process recently instituted by the Building Department and approved by the Board of Selectmen, the applicant is meeting with all relevant departments to satisfy any requirements of those departments and obtain their approval. Once all departments have indicated their approval, the Building Department will issue a business certificate and submit the Town’s official approval to the State of NH.
Miles asked what type of criteria is being used for when a business certificate is issued. For example, will a new certificate be issued whenever a new business or tenant moves into a location?
White explained that this is a new process which is still being formulated.
Milner explained that, at this point, the Town is trying to keep all departments informed on a case by case basis as situations arise and get them involved in the process.
Miles stated that, with regards to the Planning Board, as long as the footprint stays the same and the land stays the same, we are done.
Doggett asked if there was any change in the nature of the business.
Mr. Bell responded that there were no changes to the business.
Doggett moved to approve the application for a vehicle inspection station only as it pertains to Planning Board requirements and authorize the Chairman to sign any documents regarding this matter. Second by Gibbs. Motion carried unanimously.
4. Other Board business.
a. Alternate member application.
Milner informed the Board that the Planning Board office received an application for its vacant alternate member position. Newton resident Fred Gabriel expressed interest in becoming involved in community affairs by joining the Planning Board. Mr. Gabriel recently moved into Newton. He has experience as a Planning Board member in Massachusetts for 17 years.
Doggett moved to appoint Fred Gabriel as an alternate member of the Planning Board for a term to expire on January 8, 2016. Second by Gibbs. Motion carried unanimously.
b. Acceptance of minutes.
Doggett moved to accept the minutes of the December 18 meeting. Second by Miles.
Discussion of motion – Milner informed the Board that he mistakenly placed a legal advertisement bill on the operating budget manifest at the last meeting. The bill should have been approved on a NPREA manifest. He asked the Board to have this error reflected in the minutes and approve the bill as a NPREA payment.
The Board came to a unanimous consensus to amend the minutes as presented.
Motion carried unanimously.
c. Manifests.
White presented a NPREA manifest to the Board. The invoice reflected payment to the Town Engineer for construction observation at Sargent Woods.
Doggett moved to pay the NPREA manifest in the amount of $418.82. Second by Gibbs. Motion carried unanimously.
White presented an operating budget manifest to the Board. The invoices reflected payment for telephone bill, legal advertisement, and circuit rider contract first of two installments.
Gibbs moved to pay the operating budget manifest in the amount of $5247.24. Second by Miles.
Discussion of the motion – Miles asked LaBranche to describe the services that the circuit rider planner provides. LaBranche noted that the Rockingham Planning Commission, through the services of the circuit rider planner, provides planning expertise at meetings, technical review services, and assists with the preparation of zoning ordinances and planning regulations.
Motion carried unanimously.
d. Business occupancy certificate.
Chief Building Official Ron LeMere arrived at the meeting after attending the Board of Selectmen’s meeting. White asked LeMere to provide the Board with information regarding the newly instituted business occupancy certificate process.
LeMere explained that this process was approved within the last month and created to:
- provide a mechanism to review new businesses that have moved into Newton and
- address issues that the residential certificate of occupancy does not address.
LeMere further explained that the Town of Newton needed to ensure that life safety codes and other regulations were being followed. The process would provide the Town with knowledge regarding:
- materials stored within a location
- safe business operations
- safe equipment operations.
LeMere stated that the Planning Board was a partner in the process to provide site review for issues on a site outside of a building (such as parking, dumpsters, lighting, and adherence to an approved site plan).
LaBranche noted that, if more applications will be coming before the Planning Board, the Board should establish uniform criteria to properly evaluate an application’s conformance to planning requirements or site plan adherence. She further suggested that the Board attach conditions of approval to approved site plans which require that the Planning Board be notified when a change of tenant or change of use occurs. This condition puts the responsibility on the property owner to start the business certification review process.
e. Correspondence.
Selectman Charles Melvin presented to the Board a citizen’s petition to amend the Town of Newton Zoning Ordinance received earlier in the day by the Selectmen’s office. Milner informed the Board that the December 12, 2012 deadline to submit citizen’s petitions had passed.
Miles asked that the proposed amendment be read.
White read the proposed amendment which, if adopted, would abolish the Non-Conforming Lots, Structures, and Uses section of the Town of Newton Zoning Ordinance.
Miles moved that the Planning Board send a letter to the petitioner informing the petitioner that the petition cannot be accepted at this time and notifying the petitioner of the next period to submit a zoning amendment petition. Second by Gibbs. Motion carried unanimously.
Milner informed the Board that the mylar copy of the lot line adjustment plan for 6
& 16 Merrimac Road had been received and was ready for recording.
5. Adjourn: The meeting was adjourned at 8:55 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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