NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
OCTOBER 8, 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, Robert Miller, and Fred Gabriel; Alternate 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 Blanchette.
2. Lewis Builders Development, Inc. in Atkinson, NH, on behalf of Father and Son Realty Trust in Newton, NH, requests 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.
White opened the public hearing.
Joshua Manning of Lewis Builders Development, Inc. was present.
Mr. Manning addressed the Board. Mr. Manning stated that Lewis Builders was submitting a site plan for a voluntary lot merger and 35 unit expansion of the Sargent Woods condominium community. Details of the site plan are as follows:
- Lewis Builders intended to acquire the abutting property owned by Father and Son Realty Trust which currently has an approved, not built elderly community with 48 one bedroom units in 4 buildings on a 26.82 acre parcel.
- The two properties would be merged. Once merged, density calculations would allow for an expansion overlapping the two properties of 35 two bedroom single detached units similar in style to the homes currently built on the Sargent Woods property.
- The roads would be similar in size and construction to the roads currently built on the Sargent Woods property.
- Construction of the expansion would be completed in phases after the original phases of the Sargent Woods project are completed.
- Balsam Way would be extended across the newly acquired area out to Smith Corner Road. This development would eliminate the currently proposed cul-de-sac at the end of Balsam Way and allow for two access/egress points for the condominium community.
- Water and utilities would be extended from the current Sargent Woods community to service the expanded area.
- Septic service leach fields would be located within the cul-de-sacs on the newly acquired area.
- State permitting for the expansion is currently pending.
- Amenities and RV storage area currently proposed would be available to all 115 units of the newly expanded community.
- Condominium association has approved of the expansion project.
- Waivers requested:
- Reduce road width from 24 feet to 18 feet
- Reduce building setback from centerline of the road from 65 feet to 35 feet
- Reduction in road construction materials
- Eliminate need for high intensity soil mapping
- Increase allowable elderly living space from 1500 square feet to 1800 square feet.
Melvin asked if the newly acquired parcel can handle the extra bedrooms proposed.
Manning responded that the density calculations confirm that the area can handle the extra bedrooms.
Milner asked if the water contained on the entire merged property will remain on the property and not be brought elsewhere.
Manning responded that the water will be staying on site.
Doggett stated that the use of the water contained within the original Sargent Woods property was limited to use within the original property lines only. He suggested that research be done to ascertain what type of language or waiver needed to be put in place to allow the water to be pumped into the newly acquired area.
Doggett suggested that language be included on the plan noting that the land owner granting an easement for Balsam Way to be located on his property agrees that his property will be accessed from a private road.
Doggett stated that he is not necessarily in agreement with allowing an increase in the living space to 1800 square feet.
Miller asked for the reasons justifying building a narrower road.
Manning responded narrower roads slow traffic down and brings the homes closer together to create a community environment.
Miller stated that he was concerned with reduced safety on a narrower road.
Estabrook stated her concern that the expansion was increasing the amount of construction approved in the original site plan and spreading out the built area.
White asked for comments from abutters.
Larry Corcoran, President of the Sargent Woods Homeowners Association, addressed the Board. Mr. Corcoran stated that the association overwhelming approved the expansion proposal. Also, the size of the roads is very sufficient. There are no problems with safety on the current roads.
Robert LaBrie stated that a separate construction access road was needed for the expansion project to avoid dirt being constantly sprayed across homes on Bootland Farm Road.
Manning responded that construction access for the expansion project would occur on the current access to the abutting property, not along Bootland Farm Road.
Richard O’Connell asked if the intent of Lewis Builders was to keep the water on the property for the sole purpose of the use of the residents on that property.
Manning responded that the water would be used for the homeowners on the property only.
Mr. O’Connell stated that residents who live near the Sargent Woods property have experienced water supply issues. He asked if any type of testing to determine impact of water supply for surrounding abutters has been done.
Manning responded that the initial testing completed for the original Sargent Woods site plan allows for the increased water capacity created by the expansion project. The water supply is adequate.
Harold Morse of Lewis Builders addressed the Board. He suggested that the Town of Newton change the zoning ordinance to allow for more living space in elderly housing. It would be more convenient for the homeowner.
Wayne Banks, member of the Sargent Woods Homeowners Association, stated that 1800 square feet of living space should be allowed to provide a more attractive downstairs area in the home and provide consistency through all units in the entire condominium community.
Rowden stated that the applicant should provide strong justification for the approval of its waiver requests. Also, the Board should provide strong justification for its approval of any waivers.
Manning presented responses to the Town Engineer’s and Circuit Rider Planner’s review letter comments to the Board.
Manning noted that some items for Phase VI of the expansion project are missing from the grading and drainage page of the site plan. They will be added when information is obtained from state agencies.
Milner stated that the plan cannot be approved until the submitted site plan is complete.
Estabrook suggested that a note referencing the site plan’s conformance to Section XXXI Residential Open Space - Cluster Development be added to the site plan.
Manning asked if the Board could accept jurisdiction of the site plan at this point.
Doggett responded that the Board could not accept jurisdiction of the site plan because there was far too much still to be done with the site plan.
Doggett moved that the Planning Board authorize the Town Engineer to meet with the applicant to discuss the site plan. Second by Gabriel. Motion carried unanimously.
Doggett moved to continue the public hearing to the October 22, 2013 meeting. Second by Miller. Motion carried unanimously.
3. Other Board business.
Hamel joined the Board.
a. Acceptance of minutes.
Doggett moved to accept the minutes of the September 24 meeting. Second by Gabriel.
Discussion of the motion – Gibbs stated that language in the minutes describing “payment to the Town Engineer for consultant services provided to the Board” was not accurate. The Town Engineer did not provide services to the Board. The Town Engineer only met with certain members of the Board. Other Board members were not aware that the meeting took place. Gibbs requested that the minutes be changed to state that the Town Engineer provided services to the “Vice Chairman,” not the “Board.”
Amendment to the motion-
Gibbs moved that language in the minutes of the September 24 meeting describing “payment to the Town Engineer for consultant services provided to the Board” be changed to “payment to the Town Engineer for consultant services provided to the Vice Chairman.” Second by Melvin.
Discussion of the amendment to the motion- Doggett stated that the language change to the minutes was not accurate. The Town Engineer was not present at the meeting at the request of or to provide a service to the Vice Chairman. The Town Engineer was present at the meeting to assist the Board.
The amendment to the motion carried 4-3 with White, Doggett, and Estabrook opposed.
The Board voted 4-3 with White, Doggett, and Estabrook opposed to accept the minutes of the September 24 meeting as amended.
b. Manifests.
White presented an operating budget manifest to the Board. The invoices reflected payment for telephone bill and payment to Town Counsel for research and correspondence regarding Lot 27-4 setback issue.
Gibbs moved to pay the operating budget manifest in the amount of $226.99. Second by Miller. Motion carried unanimously.
c. Correspondence.
Milner informed the Board that the Board of Selectmen has distributed the 2014 operating budget expenditures worksheet to the various departments. The Planning Board is scheduled to meet with the Selectmen on December 3 to review the operating budget expenditure worksheet.
4. Adjourn: The meeting was adjourned at 9:05 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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