NEWTON PLANNING BOARD
MINUTES OF PUBLIC MEETING
JULY 9, 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 Mary Allen, Jim Holland, and Roger Hamel; BOS ex-officio Charles Melvin; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Allen to stand in for Blanchette.
White appointed Holland to stand in for Miller.
2. Todd Fitzgerald of Father and Son Realty Trust of Newton, NH requests a public consultation for a proposed light industrial business use within the Commercial Zone on a portion of lot at Tax Map 13, Block 2, Lot 15 located in the vicinity of 89 South Main Street. The property is referenced as Tax Map 13, Block 2, Lot 15.
Dennis Quintal of Civil Construction Management, Inc. was present to represent the applicant. Mr. Fitzgerald was not present.
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 on the property located at Tax Map 13, Block 2, Lot 15, if approved, and the building’s proposed location on the property.
Mr. Quintal noted that the Board came to a consensus at a previous meeting that this business did not conform to the zoning requirements of the Commercial Zone as stated in the Town of Newton Zoning Ordinance. Mr. Quintal stated that the applicant is requesting an official determination by the Planning Board whether the proposed business conforms to the zoning requirements for the property located at Tax Map 13, Block 2, Lot 15.
Melvin stated that he believed that this property was within the Light Industrial Zone and the proposed business would be conforming.
Milner informed the Board that, according to official Town of Newton documents and the record of past Town Meeting votes by the residents of the Town of Newton, this property is partially within the Commercial Zone and partially within the Residential A Zone.
White stated that the use proposed by the applicant for this property does not conform to the zoning requirements for the property.
White asked for abutter comments.
Abutters asked to review the zoning maps and documents connected to this proposed development. Abutters spent several minutes reviewing the zoning maps and other documents connected to this proposed development.
Robert Cole of 97 South Main Street stated his concerns about possible excessive trucking traffic to the area.
Mr. Quintal noted that the proposed business owner stated in the letter presented to the Board that one vendor delivery and two UPS drop-off/pick-ups would occur per day.
Lorri Badolato of 12 Zoe Lane stated her concerns that:
- allowing this light industrial business within the Commercial Zone would set precedence for allowing other non-conforming businesses into other areas of the town
- water usage within a building and business of this size would negatively impact well water levels in the area.
Doggett responded that water usage is reviewed when a site plan is submitted to the Board. Doggett also noted that the Planning Board must deny this proposed use due to the fact that the Board is required to enforce conformance to the zoning ordinance.
Fred Dinsmore of 9 Zoe Lane stated his concern that the hours of operation for this proposed business and lighting required at certain times of year may have a negative impact on the surrounding neighborhoods. He wanted to retain the rural character of the Town of Newton.
Doggett responded that hours of operation and lighting are considered during the site plan review process.
Milner read a proposed notice of decision for the Board’s consideration. The draft is as follows:
The Planning Board determines that the light industrial manufacturing business use proposed for the property located at Tax Map 13, Block 2, Lot 15 by property owner Father and Son Realty Trust and business owner Tru Form Industries is not allowed on the property. A section of the property at Tax Map 13, Block 2, Lot 15 lies within the Commercial Zone. The other section of the property lies within the Residential A Zone. The proposed business use does not conform to the allowable uses for the Commercial Zone or the Residential A Zone stated in Sections XIV and XX of the Town of Newton Zoning Ordinance.
Doggett moved that the Planning Board accept the proposed notice of decision and deny the request of Father and Son Realty Trust and Tru Form Industries to allow the proposed business on the property located at Tax Map 13, Block 2, Lot 15. Second by Gabriel. Motion carried 5-2 with Gibbs and Melvin opposed.
3. Other Board business.
a. Zena Lane NPREA account estimate.
Milner presented the Town Engineer’s initial NPREA account deposit estimate of $2,550.00 for the Zena Lane subdivision project. Milner also presented a $418.82 bill from the Town Engineer for work done for this project’s pre-construction meeting. Milner suggested that the Board establish an initial balance of $3,000.00 in the NPREA account for the Zena Lane project.
Doggett moved that the Board request a $3000.00 initial deposit into the NPREA account for the Zena Lane construction project professional reviews. Second by Allen. Motion carried unanimously.
Doggett moved that the NPREA account for the Zena Lane project be replenished to a balance of $2000.00 when the balance falls to $1000.00. Second by Allen. Motion carried unanimously.
b. SPE Real Estate, LLC annual excavation notice.
Milner informed the Board that SPE Real Estate has completed its annual excavation report for the State of NH.
c. Master Plan revisions update.
Rowden informed the Board of the progress made on the proposed revisions for the Town of Newton Master Plan. She presented information to the Board regarding updates to the community profile section of the Master Plan. Rowden also noted that matching grants may be available to perform more work on Master plan revisions.
The Board came to a consensus without objection to authorize the Circuit Rider Planner to research information regarding available grants to complete Master Plan revision work.
d. Acceptance of minutes.
Doggett moved to accept the minutes of the May 28 meeting. Second by Gibbs. Motion carried unanimously.
e. Manifests.
Milner presented multiple NPREA manifests to the Board. The invoices reflected payment to Town Engineer for construction observation at multiple projects, payment to the Town Counsel for legal document review, payment of travel expense for plan recording, payment of legal ads for public hearings, and payment of telephone bill.
Doggett moved to pay the NPREA manifests in the amounts of $2077.70, $85.15, and $830.04. Second by Gibbs. Motion carried unanimously.
Milner presented an operating budget manifest to the Board. The invoices reflected the second of two payments for circuit rider planner services, payment of post office box fee, and payment of telephone bill.
Doggett moved to pay the operating budget manifest in the amount of $5179.36. Second by Gibbs. Motion carried 6-1 with Melvin opposed.
f. Correspondence.
Milner informed the Board that all conditions of the conditional approval have been met for the Lot 27-4 Phase I Building #2 amended site plan. The plan has been recorded.
4. Adjourn: The meeting was adjourned at 8:15 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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