NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
MARCH 26, 2013
1. Call to Order: Administrative Assistant Rick Milner called the meeting to order at 7:00 pm. In attendance were: Chairman Barbara White; Vice Chairman Jim Doggett; Planning Board members Frank Gibbs, Robert Miller, and Fred Gabriel; Alternates Sandra Estabrook and Jim Holland; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Miner.
2. Town of Newton, NH Planning Board officer elections.
Doggett moved to elect Barbara White as Chairman of the Planning Board for a one year term. Second by Miller.
No other nominations for Chairman were presented.
Motion carried unanimously with White abstaining.
White moved to elect Jim Doggett as Vice Chairman of the Planning Board for a one year term. Second by Miller.
No other nominations for Vice Chairman were presented.
Motion carried unanimously with Doggett abstaining.
White appointed Holland to stand in for Blanchette.
3. Town of Newton, NH review of voluntary lot merger request by Donald and Janet Gavin for 30 and 28 Maple Avenue. The properties are referenced as Tax Map 10, Block 10, Lots 40 and 40-2.
Todd Fitzgerald was present to represent the applicants.
Mr. Fitzgerald stated that the Gavins wished to merge the lots at 28 and 30 Maple Avenue. The State of NH RSA regulations required Planning Board approval of the lot merger.
Doggett moved that the Planning Board take jurisdiction of the lot merger request for 28 and 30 Maple Avenue. Second by Gibbs. Motion carried unanimously.
Doggett moved that the Planning Board approve the lot merger for properties referenced as Tax Map 10, Block 10, Lots 40 and 40-2 (28 and 30 Maple Avenue). Second by White. Motion carried unanimously.
4. Maplevale Builders, LLC in East Kingston, NH requests a public hearing for a minor site plan review (amended site plan for structure and driveway reconfigurations) at 55 and 57 Heath Street. The properties are referenced as Tax Map 4, Block 6, Lots 3-17 and 3-18.
Charles Zilch of S.E.C. and Associates, Inc. was present to represent the applicant.
White opened the public hearing.
Mr. Zilch stated that Maplevale Builders wished to amend the approved plan for the properties located at 55 and 57 Heath Street by:
- Changing the single shared driveway located on the lot line which accessed two duplex units to two individual driveways located within each lot which will access two single family homes.
- Extinguishing the easement for the shared driveway.
- Cutting trees within the town road right of way on a designated scenic road to create the required traffic sight distance for the new driveway locations.
Mr. Zilch further stated that:
- There would be no wetlands impact caused by the changes.
- The amount of tree cutting could potentially be the same with the proposed changes as with the original plan.
- He met with the Conservation Commission and the Road Agent.
Doggett asked what could be done to minimize the impact from tree cutting by retaining as many trees as possible.
Mr. Zilch responded that the developer intends to take down as few trees as possible.
Doggett suggested that a note be added to the plan stating the intention to take down as few trees as possible.
Mr. Zilch agreed to add the note.
Gibbs suggested that a note be added to the plan stating that the developer was responsible for the removal of the tree stumps caused by any tree cutting in the town road right of way.
Mr. Zilch agreed to add the note.
Gabriel asked how many trees would be cut to create the driveways in the amended plan.
Mr. Zilch referred to the amended plan to show four trees that would need to be cut.
White asked for abutter comments.
Abutters viewed the amended plan and engaged in discussion with Zilch.
Gayle Burke of 62 Heath Street stated that an area to access the lots for construction had already been disturbed. This area close to the original shared driveway location is sufficient for access to the two lots. There is no need to change the access design and create more disturbed area.
White noted that sufficient access to the lot was not the only issue to consider. Maintaining proper traffic safety sight distance for entering and exiting the lot must also be considered.
The Board engaged in a discussion of possible alternatives for driveway locations to the lots. No alternatives were found to lessen the impact of the amount of trees to be cut.
Erica Crawford of 60 Heath Street stated that she sees no reason to change the driveway location. As the driveway is constructed now, it does not obstruct other driveways on the street. The new location would be directly across from her driveway. The change would not be as safe as the original location.
Doggett moved that the Planning Board take jurisdiction of the amended site plan application for structure and driveway reconfigurations at 55 and 57 Heath Street. Second by Gibbs. Motion carried 5-1 with Gabriel opposed.
Doggett moved that the Planning Board conditionally approve the amended site plan application for structure and driveway reconfigurations at 55 and 57 Heath Street with the condition that notes be added to the plan stating:
- a minimum number of trees will be cut to achieve the proper traffic sight distance
- the developer will be responsible for the removal of stumps from trees cut within the town road right of way.
Second by Gibbs. Motion carried 5-1 with Gabriel opposed.
White closed the public hearing.
5. 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 addressed the Board. He presented some revisions to the submitted plan in response to government agency regulations, Board suggestions, and abutter comments. Some revisions are:
- The State of NH Department of Transportation (NHDOT) has required that the road entrance be moved 25 feet further north up Route 108 to accommodate the installation of an improved shoulder along the state road. This change would create no additional wetlands impact.
- The designation of the land surrounding each building has been changed from dedicated lot areas to common space.
- In response to Conservation Commission comments, designation of common space near wetlands was eliminated to avoid the possibility of any structures being built near the wetlands.
Gibbs stated that this type of development should be located on a private road, not a public road.
Milner stated that there is no requirement in the zoning ordinance that this type of development be located on a private road.
Doggett asked for clarification on the designation of the common area. He suggested changing the term ‘common land’ to ‘dedicated land’ to be a more accurate description of the intended use and ownership of the land. Also, the open space should be designated as being owned equally by the owners of the units.
Gregory Colson of 133 North Main Street stated that the change in the road entrance location would cover a drain in that location.
Mr. Zilch showed on the plan how the change in the road entrance location would not disturb the drainage culvert.
Mattie Colson of 133 North Main Street stated her concern that this development may pollute the wetlands and endanger native wildlife and plants.
White stated that the State of NH Department of Environmental Services is responsible for monitoring wetlands.
Ted St. Germain of 6 Kerry Drive asked the Board to consider a wide variety of negative impacts that he believes this development will create to schools and neighboring properties. Also, the proposed drainage area will create an area for mosquitos to thrive.
Doggett noted that this development actually limits the potential negative impacts. This property could have potentially been developed with more units, more wetlands impact, a larger road, and less saved open space.
Doggett moved to continue the public hearing to April 23, 2013. Second by Holland. Motion carried unanimously.
6. Other Board business.
a. Alternate member appointments.
Doggett moved that the Planning Board re-appoint James Holland as an alternate member of the Planning Board for a three year term. Second by Miller. Motion carried unanimously.
Roger Hamel of 17 Spruce Lane addressed the Board. Mr. Hamel informed the Board of his interest in filling the open alternate member position on the Board.
Doggett moved that the Planning Board appoint Roger Hamel as an alternate member of the Planning Board for a two year term. Second by Holland. Motion carried unanimously.
b. Acceptance of minutes.
Milner presented a memo from Rowden asking that her comments regarding the Kinsley Corner cluster development at the February 26 meeting be clarified by adding the following statement:
“Rowden stated, as proposed, the lots for each unit are undersized per the subdivision regulations. However, if lines are arbitrary lines (i.e. just there to attribute a certain yard area to a unit), and not lot lines, then they are not undersized.”
Doggett moved to accept the minutes of the February 26 meeting as amended. Second by Gibbs. Motion carried unanimously.
c. Manifests.
White presented a NPREA manifest to the Board. The invoices reflected payment to the Town Engineer for site visit and as-built plan review at Puzzle Lane and site visit and site plan review at Kinsley Corner cluster development and payment for public hearing legal ad.
Milner informed the Board that payment of the Puzzle Lane invoice would put the account in a negative balance.
The Board came to a unanimous consensus to notify the developer to add enough funds to the Puzzle Lane NPREA account to pay the $630.00 invoice and bring the account balance to $1000.00 prior to paying the invoice.
Doggett moved to pay the NPREA manifest in the amount of $1,288.20. Second by Gibbs. Motion carried unanimously.
Milner informed the Board that payment of the Kinsley Corner invoice would bring that account to a low balance.
The Board came to a unanimous consensus to notify the developer to add funds to the Kinsley Corner NPREA account to bring the account balance to $1000.00.
d. Correspondence
Rowden notified the Board of a matching grant available through the RPC targeted block grant program for planning purposes.
Milner notified the Board that revised Zoning Ordinance, Subdivision Regulations, Site Plan Regulations, and Policies and Procedures Manual are ready for distribution to the town web page and to Board members.
Doggett noted that the Planning Board web page has old information displayed. The Planning Board web page needs to be cleaned up by removing outdated information or documents. He further stated that only the current version of regulations should be displayed due to the problems that may be created from someone using outdated information.
White and Doggett suggested that the administrative assistant be charged with creating a list of deletions and additions for the Planning Board section of the web page.
Doggett moved that the Planning Board request that outdated documents and information be removed from the Planning Board section of the town web page and current regulations and information be added. Second by Gibbs. Motion carried unanimously.
Miller suggested that the Board engage in a discussion regarding the section of the zoning ordinance that details the regulations for cluster developments. He does not have a problem with the concept of cluster developments. However, he does have a problem with the town being responsible for maintaining a road accessing this type of development.
The Board engaged in a discussion of the various advantages and disadvantages of cluster developments and proposed changes to the cluster development section of the zoning ordinance.
Milner notified the Board that he neglected to present the operating budget manifest earlier in the meeting.
White presented an operating budget manifest to the Board. The invoices reflected payment of phone bill and annual RPC dues.
Doggett moved to pay the operating budget manifest in the amount of $4444.23. Second by Gibbs. Motion carried unanimously.
7. Adjourn: The meeting was adjourned at 8:53 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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