NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND PUBLIC MEETING
MAY 14, 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 Fred Gabriel; Alternates Sandy Estabrook, Jim Holland, and Roger Hamel; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Estabrook to stand in for Blanchette.
White appointed Holland to stand in for Miller.
2. Charles Zilch of S.E.C. and Associates, Inc. in Plaistow, NH on behalf of RTW, LLC (c/o Bill Bartlett) in Plaistow, NH continuation of a public hearing for a proposed three building duplex cluster development at 129 North Main Street. The application is being submitted per the regulations found within Section XXXI Residential Open Space-Cluster Development of the Town of Newton Zoning Ordinance. The property is referenced as Tax Map 9, Block 6, Lot 7-1.
Mr. Zilch presented to the Board the revised plans for this development that addressed input from all state and local agencies. Mr. Zilch stated that:
- RPC, Town Engineer, and Conservation Commission are satisfied with the plan.
- Town Counsel has approved the condominium documents.
- A NHDOT permit had been issued.
- NHDES wetlands and subdivision approvals are pending.
- The Planning Board’s request to add additional 25 foot no-cut buffer areas to the plan has been completed.
Doggett moved that the Planning Board take jurisdiction of the application for a proposed three building duplex cluster development at 129 North Main Street. Second by Gibbs. Motion carried unanimously.
White asked for abutter comment.
Gregory Colson of North Main Street addressed the Board. Mr. Colson asked if the culvert bridge and road over the stream near the front of the property will be added before construction of the buildings. He stated a concern that equipment operating through the swampy areas would have a negative impact on the wetlands. The road should be built first. The equipment should use the road to access the property to lessen the potential negative impact.
Mr. Zilch stated that the road and culvert bridge would be built prior to other construction efforts.
White suggested that the Board address the waiver application for this development.
Rowden stated that she recommended acceptance of the waiver request.
Doggett moved that the Planning Board grant the waiver to the Subdivision Regulations, Appendix B, section 2.8: “All dead end roads shall have provisions for future extension to a through road. This requirement may be waived where the developer can demonstrate that this extension is not feasible.” Second by Holland. Motion carried unanimously.
Doggett moved that the Planning Board conditionally approve the application for a three building duplex cluster development at 129 North Main Street. Conditions to be met prior to final approval and recording of the project mylar are as follows:
- A clean letter for the project from the Town Engineer.
- Applicant obtains state subdivision approval.
- Applicant obtains state wetlands approval
- Applicant obtains any other required state permits.
- Applicant completes a pre-construction meeting with the Town Engineer to review the plan, establish NPREA account funding level, and establish performance guarantee amount for the roadway construction.
- Applicant deposits NPREA account funds and roadway performance guarantee amount with the Town of Newton.
Second by Holland. Motion carried unanimously.
White closed the public hearing.
3. Jaimie Bezanson of Tru Form Industries in Rowley, MA requests review of allowable uses within the Commercial Zone (manufacturing business in the Commercial Zone).
Jaimie Bezanson was present.
Tom Grimes was present.
Dennis Quintal of Civil Construction Management, Inc. was present to represent the applicants. Mr. Quintal presented a letter to the Board from the applicants. The letter stated that Tru Form Industries was looking for guidance on whether its business fits within the specifications of the commercial zone. The letter further stated that Tru Form Industries was a light manufacturing business that supports industries like defense contracting, medical device manufacturing, renewable energy equipment, and consumer electronics capital equipment. Three key areas of the business include value added engineering, bench top electro mechanical assembly, and machining of metals and plastics.
Mr. Quintal also presented pictures of a proposed 20,000 square foot building that would be built as part of a site plan for the business, if approved.
Doggett stated that the business, as described, falls within the Light Industrial/Commercial Zone category, not the Commercial Zone.
Milner stated that this business would be a good business for the town. However, the zoning ordinance allows this type of business only within the Light Industrial/Commercial Zone. It is not allowed in the Commercial Zone. The Planning Board is obligated to adhere to the zoning ordinance voted by the citizens.
Doggett agreed that the business would be a great addition to the town. However, the building must be placed in the Light Industrial/Commercial Zone.
White stated that manufacturing is allowed only within the Light Industrial/Commercial Zone. It would be nice to have this business in town. However, it must be placed in the Light/Industrial Commercial Zone.
Holland stated that this is a good business. However, the Board must follow the requirements of the zoning ordinance.
Gibbs stated that he approved of this type of business along a state road, not a town road.
Gabriel agreed that the location of this type of business would be better suited on a state road.
4. Town of Newton, NH review of pre-construction requirements for Zena Lane subdivision project.
Gibbs stepped down from the Board.
Todd Fitzgerald of Father and Son Construction addressed the Board. Mr. Fitzgerald stated that he would like to begin construction work on the Zena Lane subdivision project off of Pond Street. He intended to construct the front road drainage, cut roadway to grade, loam and stabilize hill sides, and stump and grub entire site. He was approaching the Board to determine what requirements needed to be satisfied prior to his beginning construction.
Doggett suggested that Mr. Fitzgerald arrange a pre-construction meeting with the Town Engineer to review the approved plan, establish an amount to be deposited into a NPREA account, and establish a performance guarantee for roadway construction.
Milner suggested that, due to the number of years that have elapsed since the original plan approval, the developer and Town Engineer do a review of the plan to ensure that all aspects of the plan are followed.
White stated that, if any changes to the approved plan are needed, an amended plan must be submitted and approved by the Board prior to the construction of any changes.
Doggett moved that the Planning Board authorize the Town Engineer to arrange a pre-construction meeting with the developer of the Zena Lane project to review the approved plan, establish an amount to be deposited into a NPREA account, and establish a performance guarantee for roadway construction. Construction may not begin on the Zena Lane project until the Board has approved the results of the pre-construction meeting and the amounts for the performance guarantee and NPREA have been deposited. Second by Gabriel. Motion carried unanimously.
Gibbs returned to the Board.
5. Other Board business.
a. Acceptance of minutes.
Doggett moved to accept the minutes of the April 23 meeting. Second by Gibbs. Motion carried unanimously.
b. Manifests.
White presented an operating budget manifest to the Board. The invoice reflected payment of telephone bill.
Doggett moved to pay the operating budget manifest in the amount of $55.62. Second by Gibbs. Motion carried unanimously.
White presented a NPREA manifest to the Board. The invoice reflected payment to the Town Counsel for review of condominium documents associated with the Kinsley Corner development.
Doggett moved to pay the NPREA manifest in the amount of $155.00. Second by Gibbs. Motion carried unanimously.
c. Correspondence.
Holland and Hamel presented summary reports regarding the training classes that they attended at the recent OEP Conference. Key topics discussed were changes to how the right to know law is interpreted and the importance of planning boards regularly updating their master plans and capital improvements plans.
Doggett informed the Board that the amount for the Puzzle Lane Lot 27-4, Phase I, Building #2 performance guarantee was reduced from the amount approved by the Board due to a miscalculation and completion of some work since the last meeting. He suggested that the Board amend its previous vote and approve the revised amount.
Doggett moved that the Planning Board approve the revised amount of $28,614.00 for the performance guarantee connected to the Puzzle Lane, Lot 27-4, Phase I, Building #2 project. Second by Gibbs. Motion carried unanimously.
6. Adjourn: The meeting was adjourned at 8:10 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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