NEWTON PLANNING BOARD
MINUTES OF PUBLIC MEETING AND WORK SESSION
SEPTEMBER 24, 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 Mary Allen, Roger Hamel, and Sandra Estabrook; BOS ex-officio Charles Melvin; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Estabrook to stand in for Miller.
White appointed Allen to stand in for Blanchette.
2. 125 Development NH Corp of Plaistow, NH requests a design review of a proposed subdivision of land located within the Southern New Hampshire Industrial Park. The purpose of the proposed subdivision is to create baseball field facilities and training center. The property is referenced as Tax Map 14, Block, 1, Lot 27-3.
Hamel stepped down from the Board.
Matt Leidner of Civil Design Group, LLC was present to represent the applicant.
Dave Constantino, President of Legends Baseball, was present.
Mr. Leidner addressed the Board. Mr. Leidner explained that the purpose of the design review session was to present:
- an overview of the lot,
- the vision to develop a section of the lot for baseball fields and a training facility, and
- obtain constructive feedback regarding the conceptual plan from the Board to be applied to the plan eventually submitted with a subdivision application.
Mr. Leidner presented a conceptual design for the proposed baseball facility and noted the following details:
- The lot to be subdivided is 165 acres with a small amount of frontage on South Main Street.
- A subdivision would be created off of a newly created town road accessing the property from the South Main Street frontage. The subdivided lot would obtain required frontage off of the newly created road.
- The new lot created for the baseball facility will be 31 acres in size.
- The baseball facility will contain 5 baseball fields (2 larger fields and 3 smaller fields), batting cages, and a building in the middle section of the complex with concessions and rest rooms.
- 250 parking spaces are proposed.
- Fields will have all grass surfaces.
- Walking areas around fields will have stone dust surfaces.
- No lighting for the fields is proposed. There will be day time use of the facilities only. There is no lighting proposed for the parking area unless it is required.
- The property abuts the Light Industrial/Commercial, Commercial, and Residential A Zones. There are structures proposed on the concept plan which do not conform to the structural setbacks required by the zoning ordinance.
- The proposed road exceeds the maximum length for a dead end road stated in the site plan regulations. A waiver to the maximum length regulation will be needed.
Mr. Leidner stated that the applicant requests the Board to issue a decision rejecting the conceptual plan on the basis of the plan’s non-conformance to the structural setbacks required by the zoning ordinance. This will allow the applicant to petition the Zoning Board of Adjustment for a variance to the structural setback requirements.
Mr. Leidner addressed several comments from the Circuit Rider Planner’s and Town Engineer’s initial review letters. He noted one comment from the Town Engineer regarding the proposal to have parking spaces along the access road to the fields needed further review. The Town Engineer suggested in his letter that the access road should be separate from the parking bays for safety.
Mr. Leidner stated that creating an access road separated from the parking area would increase the developed space. He suggested that sidewalks and walkways could be provided to allow people to access the fields without walking within or near the flow of traffic.
Milner stated that the area where the access road and parking lot are together may not have enough room for emergency vehicles to access the facility safely.
Mr. Leidner suggested that he meet with officials of the town safety departments to review the conceptual plan and obtain input.
Gibbs suggested that a gate and adequate access to the central area between the fields be added to allow emergency vehicles access to the central area.
White asked Chief Building Official Ron LeMere to address the Board. Mr. LeMere presented a detailed list of Building Department plan and permitting requirements.
Mr. Leidner asked for clarification on the classification of the proposed road accessing the proposed subdivision. Mr. Leidner’s interpretation of the regulations would require only a 50 foot right of way for the access road. According to a survey of the property, the measurement of the frontage along South Main Street is 49.98 feet. He asked the Board if a waiver would be needed for the width of the right of way.
Doggett stated that a waiver would be needed. He further stated that he would be inclined to allow a waiver for the right of way width.
Rowden stated that the proposed right of way should be classified as a local service road which would require a 50 foot right of way width.
Doggett stated that the proposed road should be built to accommodate any type of vehicles that would access the baseball fields or any future light industrial/commercial development traffic in the remaining area of Lot 27-3.
Gibbs stated the proposed road should be built with specifications for tractor-trailer truck use that may access the remaining area of Lot 27-3.
Doggett stated that one side of the parking area has no walkway. This creates a safety issue for people who park on one side of the parking lot and must cross traffic areas to get to a walkway.
White asked for comments from abutters.
Nancy Harland asked if there would be any perimeter fencing around the fields or a gate at the beginning of the access driveway to the fields limiting traffic to the hours of operation for the facility.
Mr. Constantino responded that the plan does not currently include perimeter fencing or a gate. However, if the Board requires these items, they may be added to the plan.
Jaimie Fitzpatrick asked if there would be any adult league games played at the facility and would alcohol be served at the facility.
Mr. Constantino responded that no alcohol would be served. Adult league games would occur at the facility. The facility will always have an employee on site to monitor activities such as alcohol consumption on site.
Dan Sweeney asked if the elevation of the fields would be different than the elevation of the land as it currently exists. He was concerned about looking up at a baseball facility on a plateau.
Mr. Leidner responded that the elevation of the fields has not been determined at this time.
Doggett stated that the ownership of the piece of property between Lots 19 and 19-1 on Howard Lane needed to be clarified in order to determine possible future legal access to Lot 27-3.
Mr. Leidner asked for clarification on the Board’s possible requirements for the pavement width of the proposed road.
Doggett stated that, if the road is built to the minimum specifications of the regulations, it may preclude possible future development to the remaining area of the property.
Milner stated that the road should be built with pavement as wide as possible to accommodate possible future use by larger trucks.
Mr. Leidner asked for clarification on the Board’s possible requirements regarding the surface of the parking area. He asked if stone dust surface was acceptable or would paving be required.
Milner read the section of the subdivision and site plan regulations which requires paving of parking areas.
Mr. Leidner asked if the Board could issue a decision to allow the applicant to petition the Zoning Board of Adjustment for variances to the zoning ordinance.
Doggett moved that the Planning Board determine that the conceptual design plan for a proposed subdivision of land located within the Southern New Hampshire Industrial Park (Lot 27-3 creation of baseball field facilities and training center / Tax Map 14, Block, 1, Lot 27-3) does not conform to the Town of Newton Zoning Ordinance. The sizes of the proposed structural setbacks in the conceptual 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. Second by Gibbs. Motion carried 4-1-1 with Estabrook opposed and Melvin abstaining.
3. Other Board business.
Hamel returned to the Board.
a. Acceptance of minutes.
Gibbs moved to accept the minutes of the September 10 meeting. Second by Allen.
Discussion of the motion – Hamel requested that a comment stating that active and substantial development has begun on this approved subdivision be added to the minutes of the September 10 meeting.
The Board came to a consensus without objection to correct the minutes as discussed.
Motion carried unanimously.
b. Manifests.
White presented NPREA manifest to the Board. The invoice reflected payment of abutter notices for Lot 27-3 baseball field design review meeting.
Gibbs moved to pay the NPREA manifest in the amount of $226.07. Second by Doggett. Motion carried unanimously.
White presented an operating budget manifest to the Board. The invoices reflected payment for office supplies and payment to the Town Engineer for consultant services provided to the Board.
Gibbs stated that the discussion with the Town Engineer should have occurred at a meeting before the entire Board.
White stated that interpretations of the ordinances and regulations needed to be clarified in order to properly present those interpretations at the next Board meeting.
Melvin stated that, technically, the Chairman expended money without the permission of the full Board.
Doggett explained that the Chairman has the ability to request information without the authorization of the Board. Certain matters must be done in a timely manner.
Doggett moved to pay the operating budget manifest in the amount of $270.12. Second by Allen. Motion carried 4-2 with Gibbs and Melvin opposed.
4. Adjourn: The meeting was adjourned at 9:26 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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