NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
APRIL 23, 2013
1. Call to Order: Chairman Barbara White called the meeting to order at 7:03 pm. In attendance were: Chairman Barbara White; Vice Chairman Jim Doggett; Planning Board members Frank Gibbs, Robert Miller, and Fred Gabriel; Alternate Roger Hamel; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Hamel to stand in for Blanchette.
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 3 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 revised plans for this development that addressed input from all state and local agencies. Mr. Zilch stated that:
- A NHDOT permit had been issued.
- NHDES wetlands and subdivision approvals are progressing.
- The Conservation Commission will be sending the Board a letter stating that the Conservation Commission’s issues have been fully addressed.
- Some minor issues noted by the Town Engineer will be addressed.
- Condominium documents will be revised per the suggestions of Town Counsel.
- A waiver request for the dead end design of the development’s roadway will be submitted.
Doggett suggested that the 25 foot no cut buffer area along the lot line abutting lots on Kerry Drive be extended across the entire lot line. He further suggested that a 25 foot no cut buffer area be added along as much of the lot line as possible abutting the lots on Route 108.
Mr. Zilch agreed to make the changes to the no cut buffer areas.
Abutter Ted St. Germain of 6 Kerry Drive addressed the Board. Mr. St. Germain stated that he does not see how the plans for this development satisfy the purposes stated in the zoning ordinance section regarding residential open space-cluster development. The plan for this development does not maintain and preserve the rural character of the Town of Newton.
Doggett stated that the opportunity to save open space presented by this plan is an important aspect since so little open space is left in the Town of Newton. State constitutional regulations could have allowed for an even larger development on this property with more severe negative impacts.
Doggett moved to continue the public hearing to May 14, 2013. Second by Gibbs. Motion carried unanimously.
3. 125 Development NH Corp. in Plaistow, NH continuation of a public hearing for a minor site plan review (amended site plan for Lot 27-4 Phase I 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.
Matthew Leidner of Civil Design Group, LLC was present to represent the applicant. Mr. Leidner stated that the developer had made diligent efforts to complete construction corrections to the Lot 27-4 Phase I Building #2 site suggested by the Planning Board.
Mr. Leidner addressed issues presented in the Town Engineer’s most recent site visit report. Mr. Leidner stated:
- The storm water basin has been shaped and graded out. Minor seeding and storm overflow work remain.
- Loaming and seeding has been completed on the site.
- Town Engineer has observed that the concrete block retaining wall behind the building has been built according to the plans presented to the Board.
- Loading dock door near the wetlands buffer area has been removed. The recessed loading dock area has been filled in.
- Garage door in the back of the building has been removed.
- The driveway and cul-de-sac on the site have been paved. However, the approved plan called for a cul-de-sac with a 62 foot radius and 124 foot diameter. A cul-de-sac with a 50 foot radius has actually been constructed and paved.
Mr. Leidner requested that the Board accept the cul-de-sac as constructed and paved with a 100 foot diameter. This cul-de-sac is intended to be temporary. In his professional opinion, the size of the cul-de-sac is sufficient for adequate truck maneuvering.
Doggett noted that the plan before the Board does not accurately reflect the site’s current condition. The plan must be revised to show the site’s current condition before the Board can vote on the plan’s acceptance or sign a certificate of occupancy.
White suggested that the Board discuss whether the Board will accept the cul-de-sac with a 50 foot radius or require that the cul-de-sac be constructed with a 62 foot radius as shown on the approved plan.
Miller asked why the cul-de-sac was paved with a 50 foot radius when the approved plan called for a 62 foot radius.
Mr. Leidner responded that, due to the fact that the cul-de-sac will be torn out in the future when Phase II construction begins, the developer decided to build a cul-de-sac with a smaller radius to save the cost of paving a larger area.
Abutter Jodi Baronian of 21 Walnut Farm Road addressed the Board. Ms. Baronian stated that many residents have to follow regulations and incur large costs. This developer must follow the rules and incur costs like other residents.
Milner read a letter submitted by abutter Jameson Fitzpatrick of 15 Walnut Farm Road urging the Board to require that the developer build the site according to the specifications of the original approved plan without regard to additional cost or loss of time.
Gibbs stated that there are several items noted on the proposed amended site plan that need to be removed since they do not represent the current site conditions.
The Board suggested several revisions to the proposed amended site plan.
Mr. Leidner agreed to make the revisions to the proposed amended plan.
Doggett moved that the Planning Board take jurisdiction of the amended site plan for Lot 27-4 Phase I construction at the Southern New Hampshire Industrial Park commercial subdivision located on Puzzle Lane. Second by Miller. Motion carried unanimously.
Doggett moved that the Planning Board conditionally approve the amended site plan for Lot 27-4 Phase I construction at the Southern New Hampshire Industrial Park commercial subdivision located on Puzzle Lane. The conditions of the approval are as follows:
- A performance guarantee in the amount of $35,450.00 for the items noted in the Town Engineer’s revised April 23, 2013 memo must be in place prior to the recording of the amended site plan.
- All revisions for the amended site plan noted by the Board at the April 23, 2013 meeting must be completed prior to the recording of the amended site plan.
- The cul-de-sac for the Lot 27-4 Phase I site depicted on the amended site plan must be paved according to the 62 foot radius / 124 foot diameter specifications of the original approved plan prior to the recording of the amended site plan.
- The Planning Board authorizes the Chairman or Vice Chairman to sign the certificate of occupancy for Building #2 on the Lot 27-4 Phase I site only after all conditions of this approval have been met and the amended site plan has been recorded.
Second by Gabriel. Motion carried unanimously.
White closed the public hearing.
4. Other Board business.
a. Review of NHDOT driveway application notice for NH Rt. 108.
Milner presented a notification from the NHDOT of an application for driveway permit for altering area on west side of NH Route 108 approximately 400 feet south of Wallace Street.
The Chairman and Vice Chairman directed the Planning Board office to contact NHDOT to advise NHDOT of the Planning Board’s intention to provide input during the application process. The Planning Board office was notified by NHDOT that the application had been withdrawn.
Despite the application being withdrawn, construction, land clearing, and land filling was observed on property located at 19 South Main Street abutting 21 South Main Street.
The Chairman and Vice Chairman indicated that the construction and land clearing activities may require site plan and other permitting approvals prior to the continuation of these activities. They suggested the Board review these activities and send a letter to Code Enforcement with the Board’s recommendations.
Doggett noted that the construction and land clearing activities constituted a land use change that required a site plan approval prior to commencement of the activities.
Doggett moved that the Planning Board request that the Board of Selectmen, through their authorized agents, issue an immediate cease and desist order for all construction, excavation, and land use change activities on properties located at 19 and 21 South Main Street (Tax Map 11, Block 5, Lots 19 and 20). This order is necessitated for the following reasons:
- The land use change without prior site plan approval violates provisions of the Town of Newton Zoning Ordinance and Site Plan Regulations.
- The excavation activities may violate Town of Newton Excavation Regulations requiring an excavation permit be obtained prior to commencing excavation operations.
- The excavation, fill, and grading activities may have infringed upon wetlands or wetlands buffer zones and thereby violated Town of Newton Zoning Ordinance and Site Plan Regulations regarding wetlands protection.
Second by Gabriel. Motion carried unanimously.
b. Acceptance of minutes.
Doggett moved to accept the minutes of the April 9 meeting. Second by Gibbs. Motion carried unanimously.
c. Correspondence
White informed the Board of the need to appoint commissioners to the Rockingham Planning Commission.
Miller moved that the Planning Board recommend to the Board of Selectmen that James Doggett and Mary Allen be appointed as Newton’s representatives on the Rockingham Planning Commission. Second by Gabriel. Motion carried 5-0 with Doggett abstaining.
5. Adjourn: The meeting was adjourned at 8:48 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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