NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
DECEMBER 10, 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; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Estabrook to stand in for Miller.
2. 125 Development NH Corp. in Plaistow, NH requests a public hearing for a site plan review (site plan for Lot 27-4 Phase II 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.
Hamel stepped down from the Board.
White informed the Board that the applicant requested a continuance to better address comments regarding the site plan application.
Doggett moved to continue the public hearing to the January 14, 2014 meeting. Second by Gabriel. Motion carried unanimously.
3. 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.
Joshua Manning of Lewis Builders Development, Inc. addressed the Board. Mr. Manning presented to the Board the following documents concerning the frontage requirements for Lot 7-4-5-1:
- a memorandum of law prepared by the applicant’s attorney,
- a proposed cross easement deed between Lots 7-4-5 and 7-4-5-1,
- a letter of agreement between owners of Lot 7-4-5-1, Father and Son Realty Trust, and Centerview Hollow Land Company.
Mr. Manning stated that the documents explain how the proposed site plan meets the spirit and intent of the zoning ordinance.
Rowden stated that she met with the applicant to review the application. She also stated that:
- she agrees with the applicant that the frontage requirements for Lot 7-4-5-1 are a moot point regarding this application because the lot is pre-existing,
- building permits should never have been issued for Lot 7-4-5-1 previously,
- the access easement should address the Board’s concerns regarding compliance with the zoning ordinance.
Doggett suggested that Town Counsel review the documents to eliminate risk for the Town of Newton.
Doggett moved that the Planning Board submit the Lewis Builders legal documents to Town Counsel for review. Second by Gibbs.
Discussion of the motion – Doggett stated that the purpose of the review was:
- to ensure that the Town of Newton was not legally culpable for allowing the Lots 7-4-5 and 7-4-5-1 to remain as indicated on the proposed site plan and
- to ensure that the document presented is an acceptable access easement document.
Motion carried unanimously.
Mr. Manning requested that the Board consider additional waiver requests.
Doggett suggested that the waiver requests be considered after Town Counsel’s review.
Gibbs suggested that the waivers could be considered conditional upon Town Counsel’s review.
Mr. Manning presented the following waiver requests to the Board:
- Waiver from Site Plan Regulation Appendix A, subsection I.A.4 to provide roadway cross-sections for roads serving the proposed additional 35 units.
Doggett moved that the Planning Board grant the waiver from Site Plan Regulation Appendix A, subsection I.A.4. Second by Gibbs. Motion carried 4-1 with Estabrook opposed.
- Waiver from Zoning Ordinance Section XXXII, subsection II.l allowing the width of pavement for roads serving the proposed additional 35 units to be reduced from town standard of 24 feet to 18 feet.
Doggett moved that the Planning Board grant the waiver from Zoning Ordinance Section XXXII, subsection II.l. Second by Gibbs.
Discussion of the motion – Gibbs suggested that the roadway entrance flare accessing Smith Corner Road be the same width as for a 24 foot wide road and continue at the appropriate width for the first 10 feet of roadway.
Doggett amended the motion to grant the waiver with the condition that the roadway entrance flare accessing Smith Corner Road be the same width as for a 24 foot wide road and continue at the appropriate width for the first 10 feet of roadway.
Motion carried 4-1 with Estabrook opposed.
- Waiver from Subdivision Regulations 8.2.4.A.1.c and Appendix B, subsection 3.3 allowing the following standards for the roads serving the proposed additional 35 units:
- 2 ½ inch pavement binder be reduced to 2 inches
- 1 ½ inch pavement wear coat be reduced to 1 inch
- 16 inch base layer of run gravel be reduced to 12 inches.
Doggett moved that the Planning Board grant the waiver from Subdivision Regulations 8.2.4.A.1.c and Appendix B, subsection 3.3. Second by Gibbs.
Discussion of the motion – Rowden recommended that the Board not approve this waiver. The road would not be built to town standards and could affect possible future petitions to accept the road as a town road.
Gibbs suggested that the 2 ½ inch pavement binder and 1 ½ inch pavement wear coat standards be maintained from Smith Corner Road to the dumpster indicated on the site plan.
Doggett amended the motion to grant the waiver with the condition that the road be constructed with a 2 ½ inch pavement binder and 1 ½ inch pavement wear coat from the Smith Corner Road entrance to station # 118+00 beyond the dumpster location indicated on the site plan. Motion carried 4-1 with Estabrook opposed.
Melvin arrived.
Mr. Manning asked if the Board would consider issuing a conditional approval at this time.
Doggett asked if the engineering details for retaining wall and roadside swales are included in the proposed site plan.
Mr. Manning responded that those items were not yet included on the plan. There are minor engineering details that will be included on the final version of the plan.
Doggett moved that the Planning Board conditionally approve the application for a 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. Conditions to be met prior to final approval and recording of the project mylar are as follows:
- Clean letter for the site plan from the Town Engineer.
- Letter from Town Counsel indicating that the proposed access easement agreement between lot owners of Lots 7-4-5 and 7-4-5-1 is complete and proper.
- Notarized copy of signed access easement agreement between lot owners of Lots 7-4-5 and 7-4-5-1 is submitted to the Town of Newton.
- Note added to the site plan indicating the access easement agreement between lot owners of Lots 7-4-5 and 7-4-5-1.
- Note added to the site plan indicating that the water franchise area will not extend beyond the property of the combined Lots 8-3-11 and 7-4-5 and the water from those lots will only be used to service the units of the Sargent Woods condominium development.
- Notes added to the site plan indicating waivers granted for the project.
- Applicant obtains all required state permits.
- Applicant obtains any other required permits.
- Erosion control bond estimate established.
- NPREA professional review account estimate established.
- Roadway performance guarantee bond estimate established for each phase of the project prior to the issuance of foundation or building permits for units within that phase.
- Applicant deposits funds for erosion control bond and NPREA account with the Town of Newton.
- Applicant deposits funds for roadway performance guarantee bond for each phase of the project prior to the issuance of foundation or building permits for units within that phase.
Second by Gabriel. Motion carried 4-2 with Melvin and Estabrook opposed.
Melvin stated that he does not believe that the Planning Board has the authority to create a landlocked piece of land.
White closed the public hearing.
4. Other Board business.
a. Review of Sargent Woods bond reduction request.
White presented a bond reduction estimate prepared by the Town Engineer for the original Sargent Woods project.
Doggett moved that the Planning Board recommend that the Board of Selectmen grant a reduction for the performance guarantee connected to the Sargent Woods project in the amount of $22,512.00 per the details provided in the Town Engineer’s memo dated November 25, 2013. Second by Gabriel. Motion passed 5-0-1 with Melvin abstaining.
Hamel returned to the Board.
White appointed Hamel to stand in for Blanchette.
b. Review of performance guarantee estimate for Kinsley Corner project.
White presented a site restoration financial guarantee estimate prepared by the Town Engineer for the Kinsley Corner project.
Doggett moved that the Planning Board request that RTW, LLC deposit $24,002.00 with the Town of Newton to satisfy the performance guarantee requirement of the conditional approval for the Kinsley Corner duplex cluster project with the condition that no foundation or building permits will be issued for the project until a more comprehensive roadway performance guarantee is established based on the amount of construction completed at the time of the initial foundation or building permit request. Second by Gabriel. Motion carried unanimously.
Gibbs asked if the water line indicated on the site plan could be moved from going directly under the pavement of the proposed town road cul-de-sac to a location that goes around the cul-de-sac off the pavement.
Charles Zilch of S.E.C. and Associates, Inc. (representing RTW, LLC) agreed to make this change to the site plan.
Gibbs suggested that:
- construction details of the water line construction be added to the site plan
- Town Engineer reviews the water line construction details and inspects the water line construction as part of the roadway inspection process.
Zilch agreed to add water line construction details to the site plan.
The Board came to a consensus without objection to maintain a $1,000.00 balance for the NPREA account connected to the Kinsley Corner project.
c. Review of zoning amendment schedule.
The Board discussed several options for scheduling public hearings to consider possible citizen petition submissions to amend the zoning ordinance.
Rowden released.
d. Acceptance of minutes.
Doggett moved to accept the minutes of the November 26 meeting. Second by Gibbs. Motion carried unanimously.
e. Manifests.
White presented an operating budget manifest to the Board. The invoices reflected payment of legal, telephone, advertising, and office supply expenses.
Doggett moved to pay the operating budget manifest in the amount of $493.74. Second by Gibbs. Motion carried unanimously.
White presented a NPREA manifest to the Board. The invoice reflected payment to Town Counsel for review of Sargent Woods expansion plan condominium documents.
Doggett moved to pay the NPREA manifest in the amount of $193.75. Second by Gibbs. Motion carried unanimously.
f. Correspondence.
White informed the Board that the NHDOT Draft Ten Year Plan has been changed to include the addition of $850,000.00 for improvements at the intersection of NH 108 and Amesbury Road in Newton, NH.
Melvin stated that NH State Senator Nancy Stiles should be thanked for helping to get the Town of Newton project added to the Draft Ten Year Plan.
g. Review of Administrative Assistant performance evaluation.
Doggett moved to enter non-public session under RSA 91-A:3, II (a) at 8:20 pm. Second by White. Board polled.
Gabriel – yes; Hamel – yes; Estabrook – yes; Doggett – yes; White – yes; Gibbs – yes; Melvin – yes.
Doggett moved to come out of non-public session at 8:33 pm. Second by Melvin. Motion carried unanimously.
Doggett moved that the Planning Board accept the annual performance review for the Planning Board Administrative Assistant and recommend to the Board of Selectmen to approve a merit pay increase for Richard Milner from Grade XIII, Step 5 to Grade XIII, Step 6 retroactive to October 7, 2013. Motion carried 6-0-1 with Melvin abstaining.
5. Adjourn: The meeting was adjourned at 8:38pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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