NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
NOVEMBER 12, 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 Sandra Estabrook and Roger Hamel; 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 Hamel to stand in for Blanchette.
2. Lewis Builders Development, Inc. in Atkinson, NH, on behalf of Father and Son Realty Trust in Newton, NH, continuation of a public hearing for a site plan review of a proposed voluntary lot merger of the properties referenced as Tax Map 7, Block 4, Lot 5 and Tax Map 8, Block 3, Lot 11. The purpose of the lot merger is to expand the Sargent Woods elderly housing condominium community. The application is being submitted per the regulations found within Section XXXI Residential Open Space-Cluster Development and Section XXXII Elderly Housing of the Town of Newton Zoning Ordinance. The properties are referenced as Tax Map 7, Block 4, Lot 5 and Tax Map 8, Block 3, Lot 11.
Hamel stepped down from the Board.
Joshua Manning of Lewis Builders Development, Inc. addressed the Board. Mr. Manning stated that the revised plan before the Board addresses many earlier comments. He believes that the plan is at a level of completeness that the Board can take jurisdiction and engage in more meaningful discussion. The following items have been added to the revised plan:
- engineering in Phase VI (grading, drainage, and road profiles)
- grading at intersection of proposed Evergreen Drive and Balsam Way has been changed to address concerns of the Town Engineer.
Mr. Manning requested that the Board take jurisdiction of the site plan.
Doggett stated that the lot abutting Lot 7-4-5 was supposed to be accessed off of a town road in the original approved site plan. In this new site plan, the abutting lot would be accessed off of a private road.
Mr. Manning responded that he did not see on the original approved plan where the road was designated as a town road. He is aware of an access easement for the abutting lot.
Doggett stated that the abutting lot (Lot 7-4-5-1) does not have any frontage on a town road. This is a main requirement for a building lot in the town ordinances.
Melvin stated that the access to the development off of Smith Corner Road should be a town road until the point that the abutting lot acquires the required 150 feet of frontage on a town road. After that point, the proposed private road can begin.
Mr. Manning asked if a public access easement to the abutting lot would be acceptable.
Melvin responded that the Board cannot change the zoning requirements.
White suggested that the Board investigate the matter further for clarification.
Melvin suggested that the Board request that Town Counsel look into the matter.
Doggett moved that the Planning Board request a written recommendation from Town Counsel answering the question of whether a public access easement for Lot 7-4-5-1 across Lot 7-4-5 satisfies the lot frontage requirements stated in the zoning ordinance or some other remedy is required (i.e. construction of a town road to establish the required frontage); due to the fact that:
- the abutting lot does not currently have frontage on a town road and
- if the new site plan is approved, the abutting lot will not have frontage on a town road.
Second by Melvin. Motion carried unanimously.
Gibbs moved that the Planning Board take jurisdiction of the application for the proposed voluntary lot merger of the properties referenced as Tax Map 7, Block 4, Lot 5 and Tax Map 8, Block 3, Lot 11 to expand the Sargent Woods elderly housing condominium community. Second by Gabriel. The motion carried 5-1 with Doggett opposed.
Mr. Manning requested that the Board consider waiver requests for the site plan.
Mr. Manning presented the following waiver requests:
- Waiver from the requirements of Site Plan Regulation 7.1.4.K to perform High Intensity Soil Survey for the proposed additional 35 units.
Doggett moved that the Planning Board grant the waiver request from the requirements of Site Plan Regulation 7.1.4.K. Second by Gibbs. Motion carried 5-1 with Melvin opposed.
- Waiver from the requirements of Site Plan Regulation Appendix A, subsection I.A.4 to provide roadway cross sections for the roads serving the proposed additional 35 units.
Doggett suggested that the three waiver requests dealing with the road cross sections, road construction materials, and road width be tabled until such time that the legal review regarding the abutting lot frontage on a town or private road is completed. The Board came to a consensus without objection to table the waiver requests dealing with the road cross sections, road construction materials, and road width.
- Waiver from the requirements of Zoning Ordinance Section XV, subsection 3 to allow the reduction of the front building setback from the road centerline to 35 feet from the required 65 feet.
Doggett moved to grant the waiver request from the requirements of Zoning Ordinance Section XV, subsection 3 to allow the reduction of the front building setback from the road centerline to 35 feet. Second by Gibbs. Motion carried 5-1 with Estabrook opposed.
- Waiver from the requirements of Zoning Ordinance Section XXXII, subsection II.c to allow the increase of the maximum living space from 1500 square feet to 1800 square feet.
Melvin moved to grant the waiver request from the requirements of Zoning Ordinance Section XXXII, subsection II.c to allow the increase of the maximum living space from 1500 square feet to 1800 square feet. Second by Doggett. Motion carried 5-1 with Estabrook opposed.
Doggett moved to continue the public hearing to the November 26, 2013 meeting. Second by Gabriel. Motion carried unanimously.
Hamel returned to the Board.
3. RTW, LLC (c/o Bill Bartlett) in Plaistow, NH requests an extension of conditional approval for Kinsley Corner duplex cluster development at 129 North Main Street. The property is referenced as Tax Map 9, Block 6, Lot 7-1.
Charles Zilch of S.E.C. & Associates, Inc. addressed the Board. Mr. Zilch requested that the Board grant an extension of the conditional approval for the Kinsley Corner duplex cluster development.
White suggested that the conditional approval be extended one additional year.
Doggett moved that the Planning Board grant an extension of the conditional approval for the Kinsley Corner duplex development for one additional year. Second by Melvin. Motion carried unanimously.
Milner presented a roadway performance guarantee estimate for the Kinsley Corner project. The amount recommended by the Town Engineer for the performance guarantee totaled $256,862.00.
Gibbs stated that he had a problem with the numbers in the performance guarantee estimate. He suggested that the Board request that the Town Engineer review the performance guarantee estimate with the Board at a meeting.
Mr. Zilch stated that Mr. Bartlett believed that the performance guarantee estimate should be reduced.
Gibbs moved that the Planning Board request that the Town Engineer review the performance guarantee estimate with the Board at a meeting. Second by Hamel. Motion carried unanimously.
Milner presented an initial NPREA deposit estimate for the Kinsley Corner project. The amount recommended by the Town Engineer for the initial NPREA deposit totaled $1,950.00. Currently, the NPREA account for this project contained a balance of $500.00.
Doggett moved that $1,450.00 be deposited into the NPREA account for the Kinsley Corner project. Second by Gibbs. Motion carried unanimously.
4. Other Board business.
Hamel stepped down from the Board.
a. Sargent Woods construction progress update.
Mr. Manning requested that the Board approve the establishment of the roadway performance guarantee for Phase IV of the current Sargent Woods project. He referenced the estimate provided to the Board in the amount of $26,002.00.
Doggett moved that the Planning Board approve the establishment of the performance guarantee for Phase IV of the Sargent Woods project in the amount of $26,002.00. Second by Gibbs. Motion carried unanimously.
b. Puzzle Lane Lot 27-4, Phase II project update.
Milner informed the Board that the Lot 27-4 Phase II project received the necessary variances from the Zoning Board of Adjustment and is scheduled to be re-heard at the December 10 meeting. The NPREA account has been replenished to the required amount. The applicant’s representative will be meeting with the Town Engineer to review the revised plan and the Town Engineer’s earlier plan comments.
Hamel returned to the Board.
c. Review of proposed 2014 operating budget.
White presented the proposed 2014 Planning Board operating budget expenditures worksheet to the Board. White suggested that the Board present to the Board of Selectmen a 2014 operating budget funded at the same level as the 2013 operating budget.
Rowden informed the Board that the circuit rider contract total for 2014 will be $10,260.00.
Gibbs suggested approximately $8,000.00 in cuts from the 2013 operating budget for the proposed 2014 operating budget.
Milner informed the Board that the RPC dues for 2014 will increase $170.00 for a total of $4,505.00.
Doggett moved that the Planning Board present to the Board of Selectmen a 2014 operating budget funded at the same level as the 2013 operating budget with balancing funds moved out of the Circuit Rider Contract line and into the Dues line to cover the increase in the 2014 RPC dues. Second by Gibbs. Motion carried 6-0-1 with Melvin abstaining.
d. Review of 2013-2014 zoning ordinance amendment schedule.
White informed the Board that the period for accepting petitions to amend the Zoning Ordinance began on November 11. The last day to accept petitions to amend the Zoning Ordinance is December 11. White suggested that the Board schedule a meeting on December 17 in case public hearings needed to be held to consider petitions.
Hamel moved to add December 17, 2013 to the Planning Board meeting schedule for the purpose of hearing submitted petitions to amend the Zoning Ordinance. Second by Gibbs. Motion carried unanimously.
White presented the proposed 2014 Planning Board meeting schedule to the Board.
Doggett suggested that the Board meet one time in November 2014 on November 18 due to conflicts between holidays and the regular meeting schedule.
Doggett moved to accept the 2014 Planning Board meeting schedule with the change of one scheduled meeting for November 2014 to be held on November 18, 2014. Second by Gibbs. Motion carried 6-1 with Estabrook opposed.
e. Acceptance of minutes.
Doggett moved to accept the minutes of the October 22 meeting. Second by Hamel.
Discussion of motion – Melvin and Gibbs stated that Gibbs’ comments at the October 22 meeting regarding the municipal complex committee were not accurate. Gibbs requested that the following words be deleted from his comments:
“that would aid the process of hiring a consultant.”
Doggett requested that his motion be changed as follows: Doggett moved to accept the minutes of the October 22 meeting as amended. Second by Melvin. Motion carried unanimously.
f. Manifests.
White presented a NPREA manifest to the Board. The invoices reflected payments to the Town Engineer for review of Sargent Woods expansion and Puzzle Lane Lot 27-4 Phase II projects.
Doggett moved to pay the NPREA manifest in the amount of $1,567.18. Second by Gibbs. Motion carried unanimously.
g. Correspondence.
Milner mentioned that the Board received information regarding:
- available grant funds
- excavation and timber training session
- RPC legislative forum session.
5. Adjourn: The meeting was adjourned at 9:05 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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