NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
JANUARY 14, 2014
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; Alternates Roger Hamel, Jim Holland, and Sandra Estabrook; BOS ex-officio Charles Melvin; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Hamel to stand in for Blanchette.
2. Town of Newton, NH review of citizens’ petition for inclusion on the Town Warrant to amend the Town of Newton Zoning Ordinance.
Change Section XXV Light Industrial/Commercial Zone Area Regulations, Subsection 1 Location on Lot -
From Current:
- Side yard 200 foot structural setback with a minimum 50 foot undisturbed natural buffer when abutting any other zone. Any additional buffer that may be required by the Planning Board up to but not exceeding 1,500 feet for a side yard that abuts any other zone.
- Rear yard 200 foot structural setback with a minimum 50 foot undisturbed natural buffer when abutting any other zone. Any additional buffer that may be required by the Planning Board up to but not exceeding 1,500 feet for a rear yard that abuts any other zone, plus adequate provision for off-street parking as determined by the Planning Board.
- No building shall be set within 75 feet of the centerline of the street nor within 50 feet of any lot line within the Light Industrial/Commercial Zone.
To Proposed:
- Front yard 50 foot building setback.
- Side yard 50 foot building setback.
- Rear yard 50 foot building setback.
- A minimum 50 foot undisturbed natural buffer when abutting a residential zone.
White asked for petitioner comments.
No petitioners commented.
White asked for Board comments.
Estabrook stated that the language of the amendment as proposed is confusing.
Doggett stated that he recommends that the Planning Board not support the proposed amendment.
Melvin stated that he also recommends that the Planning Board not support the proposed amendment.
Doggett stated that better buffers are needed between Light Industrial/Commercial properties and Residential A properties than what is indicated in the proposed amendment.
Hamel stated that the current language includes a structural setback. This means that structures such as parking lots are also required to remain outside the setback area. The proposed language indicates a building setback. Not only would the setback area be reduced, but structures other than buildings would be allowed closer to the property line. If allowed, this situation would be intrusive on neighbors.
Milner stated that, if approved, this proposal would affect residential abutters in several areas of the Town of Newton, not just abutters surrounding the industrial park. Also, if approved, these rules would be in effect for any other areas which may be zoned Light Industrial/Commercial in the future.
White asked for abutter comments.
Nancy Harland addressed the Board. Ms. Harland stated that the zoning ordinances for Light Industrial/Commercial property appear to prohibit noise and activity that would adversely affect other properties and result in lowered property values. Currently, typical activities within the Puzzle Lane light industrial property produce large amounts of noise seven days a week from very early morning hours to around midnight at times.
Ms. Harland stated that it is imperative to maintain the 200 foot structural setback in order to reduce the effect of the excessive noise at all hours. A reduction in the setback area is best addressed by a variance based on hardship only where appropriate. This petition would transfer the burden of hardship from the developer to the residents of Newton.
Jaimie Fitzpatrick addressed the Board. Mr. Fitzpatrick asked that if the petition was approved would it negate all other rules, variances, restrictions, and activities regarding Lot 27-4 on Puzzle Lane.
Doggett stated that there is a plan currently submitted for Lot 27-4. That plan is subject to the regulations and ordinances in effect at the time that the plan was submitted.
Mr. Fitzpatrick asked if it was possible for the currently submitted Lot 27-4 plan to be scrapped and re-submitted using the reduced setbacks of the proposed amendment if the amendment was approved.
Doggett stated that it was possible for the plan to be scrapped and re-submitted. However, this would be expensive for the developer. The developer would lose all fees and money spent developing the original plan and incur those costs a second time for the re-submitted plan.
Coleman McDonough addressed the Board. Mr. McDonough stated that:
- setbacks in the Commercial Zone are 50 foot setbacks
- existing buildings in the Puzzle Lane project currently have 50 foot setbacks
- there would be a 50 foot undisturbed natural buffer between the light industrial and residential properties
Nancy Kozlowski addressed the Board. Ms. Kozlowski stated that the developer should have known the setback restrictions at the time that he purchased the property. Amending the setbacks as proposed would be inappropriate.
Daniel Dodson addressed the Board. Mr. Dodson stated that it is not necessary to reduce setbacks in a rural community. If approved, the amendment would negatively affect the quality of life for neighbors. A developer should abide by the rules that are in place.
Lorri Badolato addressed the Board. Ms. Badolato stated that the current zoning ordinance is in place to maintain the character of the town and represents the intentions of the master plan.
Kathy Sheehan addressed the Board. Ms. Sheehan stated her concern that a developer could disturb or remove the natural buffer regardless of whether it is permitted or not.
Hamel stated that the proposed amendment affects all areas of the Town of Newton that are zoned Light Industrial/Commercial and the abutting properties, not just one particular property.
White closed the public hearing.
Doggett moved that the Planning Board not support the citizens petition to amend the Town of Newton Zoning Ordinance by changing Section XXV Light Industrial/Commercial Zone Area Regulations, Subsection 1 Location on Lot. Second by Melvin. Motion carried unanimously.
3. 125 Development NH Corp. in Plaistow, NH continuation of 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.
White informed the Board that the applicant has requested a continuance to better address comments regarding the site plan application.
Doggett moved to continue the public hearing to the January 28, 2014 meeting. Second by Melvin. Motion carried 6-0-1 with Hamel abstaining.
4. Michael Doucet of Haverhill, MA on behalf of Brenda Blaisdell of Newton, NH requests a public hearing to obtain a conditional use permit for an accessory apartment at 44 Bear Hill Road. The property is referenced as Tax Map 17, Block 4, Lot 5.
Michael Doucet and Brenda Blaisdell were present.
Mr. Doucet addressed the Board. Mr. Doucet stated that he planned to raze the existing home on the property located at 44 Bear Hill Road and build a new home with an attached accessory apartment. Mr. Doucet presented plans to the Board which indicated the new home’s and attached accessory apartment’s location on the property and the floor plans for the new home and accessory apartment.
White asked if the garage indicated on the plans was a one car garage.
Mr. Doucet stated that the garage was a one car garage. However, the plans showed parking spaces for four (4) vehicles on the property.
Milner informed the Board that the Building Department provided correspondence stating that the Building Department had no issues with the plan as submitted.
Doggett suggested that a condition be added to any approval to ensure that the existing building is completely razed prior to an occupancy certificate being issued for the new home and accessory apartment.
White asked for abutter comments.
Edward Gandolfo addressed the Board. Mr. Gandolfo stated that the existing home at 44 Bear Hill Road was an 18th century home. He believed historical homes should be preserved. There are other ways to create an accessory apartment without tearing down the existing home and building a new home with an attached accessory apartment.
Estabrook suggested that the condition ensuring the removal of the existing building be added to the approval.
Doggett moved that the Planning Board grant a conditional use permit to allow an accessory apartment at 44 Bear Hill Road with the condition that the existing home be completely razed prior to the issuance of a certificate of occupancy for the new home and attached accessory apartment. Second by Melvin. Motion carried unanimously.
5. Other Board business.
a. Acceptance of minutes.
Gibbs moved to accept the minutes of the December 10 meeting. Second by Melvin. Motion carried unanimously.
b. Manifests.
White presented a NPREA manifest to the Board. The invoices reflected payment to Town Counsel, Town Engineer, and RPC for project reviews.
Doggett moved to pay the NPREA manifest in the amount of $2,742.40. Second by Gibbs. Motion carried unanimously.
White presented an operating budget manifest to the Board. The invoices reflected payment of legal and engineering consultations, telephone bill, office supply expense, and the first of two payments for circuit rider planner services.
Doggett moved to pay the operating budget manifest in the amount of $7,565.49. Second by Gibbs. Motion carried unanimously.
c. Correspondence.
Milner informed the Board that the Board of Selectmen has required the owner of the property located at 19 South Main Street to commence the Planning Board approval process for activities noted in the Town of Newton’s Notice of Violation for the property.
6. Adjourn: The meeting was adjourned at 8:30 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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