NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
AUGUST 27, 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 member Frank Gibbs; Alternates Roger Hamel, Jim Holland, and Sandra Estabrook; BOS ex-officio Charles Melvin; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Holland to stand in for Miller.
White appointed Estabrook to stand in for Blanchette.
White appointed Hamel to stand in for Gabriel.
2. Father and Son Realty Trust in Newton, NH requests a review of South Hampton, NH conditional approval of subdivision with property extending into Town of Newton.
Todd Fitzgerald of Father and Son Realty Trust was present.
Mr. Fitzgerald addressed the Board. Mr. Fitzgerald stated that he has a conditionally approved subdivision in South Hampton, NH. There is a small portion of land (approximately 366ft x 5ft) on one of the lots in the subdivision plan which extends into the Town of Newton. One of the conditions in the South Hampton approval requires an approval signature on the recorded mylar from the Newton Planning Board.
Doggett moved that the Planning Board authorize the Chairman to sign the mylar recorded for the South Hampton subdivision. Second by Melvin. Motion carried unanimously.
3. 125 Development NH Corp. in Plaistow, NH continuation of a public hearing for a site plan review (site plan for Lot 27-4 Phase II construction) at the Southern New Hampshire Industrial Park commercial subdivision located on Puzzle Lane. The property is referenced as Tax Map 14, Block 1, Lot 27-4.
Matt Leidner of Civil Design Group was present to represent the applicant.
White asked Rowden to explain her memo regarding setback reduction issues with the site plan submitted for Lot 27-4 Phase II construction.
Rowden explained that the Planning Board made an error when it issued its April 14, 2009 decision to allow reduced setbacks for construction on Lot 27-4. The Planning Board did not have the authority to allow reduced setbacks. In addition, the April 14, 2009 decision stated that the setbacks are “building setbacks”. The zoning ordinance defines the setbacks as structural setbacks, not building setbacks.
Rowden noted that the submitted site plan indicated a 50 foot setback from the northerly and westerly lot lines of the property. Per the zoning ordinance, the setback along these lot lines needs to be 200 feet.
Rowden stated that she does not recommend that the Planning Board approve the site plan as proposed. Rowden recommends that the applicant petition the Zoning Board of Adjustment to obtain variances for:
- a reduction of the side and rear-yard structural setbacks along the northerly and westerly lot lines that abut the Residential A Zone
- allowance of certain structures within the setbacks such as parking lots, driveways, and storm water management structures.
Doggett noted that for the site plan to move forward as proposed the Planning Board needed to issue a denial of the application and the applicant should obtain variances from the ZBA.
Leidner stated that the setbacks used on the submitted site plan were based on the previous decisions. There was no intention to submit a site plan with incorrectly reduced setbacks.
Philip Parry, counsel for the applicant, addressed the Board. Mr. Parry stated that he reviewed the Town of Newton’s regulations and the circuit rider planner’s opinion letter. He agrees with the circuit rider planner’s opinion. He stated his intention to seek a formal determination from the Board of Selectmen regarding the Planning Board’s interpretation of the setbacks issue and then approach the ZBA for variances.
White stated that the Board of Selectmen is not involved in the planning or variance process.
Doggett stated that the Planning Board is the governing body with regards to interpretation of the zoning ordinance.
White asked for abutter comments.
Larry Corcoran addressed the Board. Mr. Corcoran asked if the structural setback from the lot line abutting the Sargent Woods community was 200 feet.
Rowden responded that, per the zoning ordinance, the structural setback along Sargent Woods lot line was 200 feet.
Jaimie Fitzpatrick addressed the Board. Mr. Fitzpatrick asked for confirmation that the structural setback from the lot line abutting the Walnut Farm neighborhood was 90 feet, while the setback along other residential areas was 200 feet.
White responded that the structural setback along the Walnut Farm neighborhood lot line was reduced to 90 feet as the result of a ZBA variance.
Mr. Fitzpatrick requested that abutters to Lot 27-4 be notified by certified mail when the application for this project next comes before the Planning Board for a public hearing.
Nancy Kozlowski addressed the Board. Ms. Kozlowski asked if the ZBA can change a current structural setback along the lot line with Sargent Woods.
White responded that the ZBA can change a structural setback.
Nancy Harland addressed the Board. Ms. Harland asked if there were any noise ordinances for the Town of Newton.
Doggett responded that there were no noise ordinances in the Town of Newton.
Doggett moved that the Planning Board deny the application by 125 Development NH Corp for site plan review of Lot 27-4 Phase II construction at the Southern New Hampshire Industrial Park commercial subdivision located on Puzzle Lane (Tax Map 14, Block 1, Lot 27-4) on the basis that:
- The sizes of the proposed structural setbacks in the plan do not conform to the dimensional requirements of the Town of Newton Zoning Ordinance Section XXV, Paragraph 1 – Light Industrial/Commercial Zone Area Regulations, Location on Lot.
- The locations of certain structures, as defined by the Town of Newton Zoning Ordinance Definitions Section, within the required structural setbacks do not conform to the Town of Newton Zoning Ordinance Section XXV, Paragraph 1 – Light Industrial/Commercial Zone Area Regulations, Location on Lot.
Second by Melvin. Motion carried 5-0 with Holland and Hamel abstaining.
Doggett moved that the Planning Board hold the site plan submittal for Lot 27-4 Phase II construction at the Southern New Hampshire Industrial Park commercial subdivision in abeyance until such time as the applicant receives a decision from the Zoning Board of Adjustment regarding the proposed plan. Second by Estabrook. Motion carried 5-0 with Holland and Hamel abstaining.
Melvin moved that the Planning Board pay to notice abutters when the application for this project next comes before the Planning Board for a public hearing. Second by Doggett. Motion carried 5-0 with Holland and Hamel abstaining.
Milner informed the Board that an invoice totaling $1140.00 for review of the Lot 27-4 Phase II construction site plan had been submitted by the Town Engineer. The NPREA account connected to this project had a $325.63 balance. NPREA accounts connected to other phases of Lot 27-4 construction, which the Town Engineer determined no longer required professional review, had funds remaining. If funds from other phases were transferred to the Phase II account, there would be enough funds to pay the invoice.
Gibbs stated that site work, such as paving, still needed to be completed in Phase I. The NPREA funds connected to Phase I should remain in that account in case inspections for the remaining work were needed. Once the site work is completed and inspected, the funds can be released.
Gibbs moved that the NPREA funds connected to the Lot 27-4 Phase I construction remain in the account designated for Lot 27-4 Phase I construction until such time that the project is inspected and deemed completed by the Planning Board. Second by Melvin. Motion carried 3-2 with White and Doggett opposed; Holland and Hamel abstaining.
Doggett moved that the Planning Board request 125 Development NH Corp submit payment of $1140.00 for Town Engineer’s invoice connected to review of Lot 27-4 Phase II site plan. Second by Gibbs. Motion carried 5-0 with Holland and Hamel abstaining.
4. Other Board business.
a. Acceptance of minutes.
Doggett moved to accept the minutes of the August 13 meeting. Second by Hamel. Motion carried unanimously.
b. Manifests.
White presented an operating budget manifest to the Board. The invoice reflected payment of phone bill.
Doggett moved to pay the operating budget manifest in the amount of $60.05. Second by Gibbs. Motion carried unanimously.
White presented a NPREA manifest to the Board. The invoices reflected payment to the Town Engineer for professional review of Sargent Woods and Zena Lane projects.
Doggett moved to pay the NPREA manifest in the amount of $492.15. Second by Gibbs. Motion carried 5-0 with Holland and Hamel abstaining.
c. Correspondence.
White informed the Board that the New Hampshire Municipal Association was holding its annual law lecture series in September and October at various locations.
Doggett moved that the Planning Board pay registration fees and travel expenses for the Administrative Assistant’s attendance at the law lecture series. Second by Hamel. Motion carried unanimously.
d. NPREA account review.
Milner informed the Board that there were remaining balances in the NPREA accounts connected to the following completed projects:
- Steven Sforza, home based business, $110.70
- Christi Donovan, home based business, $112.50
- Maplevale Builders, amended site plan, $341.61
- Father and Son Realty Trust, public consultation, $14.86
- Charles Marden, subdivision approval, $4,216.75
Milner requested that the Board close the NPREA accounts and release the remaining funds to the applicants.
Doggett moved that the Planning Board close the five indicated NPREA accounts and release the remaining funds to the applicants. Second by Gibbs. Motion carried unanimously.
e. School Impact Fee.
Doggett informed the Board that the Board of Selectmen’s August 20, 2013 meeting minutes contained an error regarding the Board’s discussion of the 2013 school impact fee update. Doggett noted that the following statement was not correct:
“Selectman Melvin discussed that at the last Planning Board meeting they unanimously approved the 2013 update to the Impact Fee Ordinance.”
Doggett moved that the Planning Board send a memo to the Board of Selectmen requesting that the Board of Selectmen minutes for August 20, 2013 be corrected to include the following statement: “The Planning Board did not approve the 2013 school impact fee update. The Planning Board received the school impact fee update and placed it in the Board’s files.” Second by Gibbs. Motion carried unanimously.
5. Adjourn: The meeting was adjourned at 8:17 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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