NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
FEBRUARY 25, 2014
1. Call to Order: Vice Chairman Jim Doggett called the meeting to order at 7:02 pm. In attendance were: Vice Chairman Jim Doggett; Planning Board member Frank Gibbs; 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.
Doggett appointed Hamel to stand in for Miller.
Doggett appointed Holland to stand in for Blanchette.
Doggett appointed Estabrook to stand in for White.
2. Patricia Bateman of Nottingham, NH requests a public hearing for a minor site plan review at 19 South Main Street. The property is referenced as Tax Map 11, Block 5, Lot 19.
Patricia Bateman was present. Attorney Anna Barbara Hantz was present to represent the applicant (Ms. Bateman).
Ms. Hantz stated that Ms. Bateman was submitting a minor site plan application to the Planning Board at the request of the Board of Selectmen. Ms. Hantz described the property as follows:
- The property was recently purchased by Ms. Bateman.
- The property is in the Village District zone.
- The building on the property is the same as prior to the purchase. The intended use as a rental property is the same as prior to the purchase.
- There is a barn that was previously used for storage. The intended use for the barn is for storage.
- The backyard was previously used for outside storage of a boat and other equipment. The intended use for the backyard in the future will be for the storage of farm-related materials.
- The farm-related materials will be used for Ms. Bateman’s farming activities on the farm that she owns.
- There was leveling of the property and reconstruction of a stone wall.
Rowden stated that she had a concern with the type of materials that may be stored on the site. She asked Ms. Hantz to elaborate on what type of materials would be stored on the site.
Ms. Hantz stated that there are all agriculture–related products stored on the property.
Rowden asked if the owner would be occupying the unit.
Ms. Hantz replied that she did not know what the intention was at this time.
Doggett noted that the Village District Zone has a requirement that the property owner must occupy one of the units unless otherwise approved by the Planning Board.
Rowden stated that there are issues with the uses connected to the adjacent property. The adjacent property has storage on the 19 South Main Street property. There is also an access issue with the driveway located between the adjacent store property and the building on the 19 South Main Street property.
Rowden asked if the driveway would only be used for access to the storage intended to be located on the 19 South Main Street property. It seems that there is a potential to use the driveway on the 19 South Main Street property to access the adjacent store property.
Ms. Hantz stated that there is no access granted for the store property.
Rowden stated that, even though the application does qualify for a minor site plan application, there are items missing from the application that need to be addressed.
Melvin asked if there was a driveway permit for the driveway between 19 South Main Street and the adjacent store property.
Ms. Hantz stated that both driveways on the 19 South Main Street property are acknowledged by the State of NH. She does not know if there are actual permits. Both driveways have been vetted and approved by the State of NH. The State of NH DOT went to the site and acknowledged that both driveways were pre-existing and did not require a permit.
Doggett asked if there is any documentation from the State of NH DOT confirming Ms. Hantz’s statements regarding the driveways.
Ms. Hantz stated that there was no documentation.
Doggett stated that documentation from the State of NH DOT needed to be provided to the Town of Newton regarding the approval of the driveways on the 19 South Main Street property.
Milner noted that delivery trucks used the 19 South Main Street property to access the adjacent store property in recent days. In addition, there are storage trailers used for the adjacent store located across the property line. These are business uses on a residential property that need to be approved by the Planning Board through a site plan review process.
Ms. Hantz stated that things have changed on the property. The applicant has come before the Board looking for direction as to what are the acceptable uses and restrictions for the property.
Doggett noted that the trailers located across the property line have a commercial use.
Milner stated that there has been a change in use for the property at 19 South Main Street. Therefore, the Planning Board needs a site plan that specifically illustrates the changed uses.
Doggett stated that the Board reserves the right to know what materials are being stored on a property because certain materials are prohibited from being stored or may have storage restrictions.
Milner stated that the Board also needs to know how the stored materials are being used. If the materials are being used for the purpose of sale, this activity constitutes a commercial operation and change of use on the property that requires a site plan review.
Doggett stated that, based on the application and drawing presented to the Board, more information regarding precise locations was needed to perform a proper site plan review. The application is incomplete.
Gibbs noted that the proposal for 19 South Main Street submitted to the Board is not correct. It does not accurately depict the current conditions on the property.
Ms. Hantz stated that the applicant was presenting a proposal for the intended use of the 19 South Main Street property in the future. The intended use is:
- a house which may have rental space,
- a barn for storage,
- outside storage of agricultural materials for the property owner’s own use.
Hamel stated that he would like to see the changes to the reconstructed stone wall and the leveling of the land noted on a plan.
Ms. Hantz stated that the applicant was seeking guidance on what the Planning Board would permit the applicant to do on the property.
Doggett stated that the proper procedure was for the applicant to present a specific plan showing what the applicant would like to do. Then, the Planning Board reviews that specific plan and approves or disapproves the plan.
Gibbs stated that there is a whole book of regulations that provides guidance on what is permitted.
Abutter Steve Suraci addressed the Board. Mr. Suraci stated the following concerns:
- procedures that will be in place to ensure that business activities are not occurring on the residential property
- wetlands and culvert issues that have occurred as a result of the land filling on the back of the 19 South Main Street property
- questions regarding the approval/permitting of driveway adjacent to the store property.
Rowden suggested that the Planning Board could perform a site walk on the property.
Ms. Hantz stated that issues regarding the wetlands and driveway have been resolved after investigations by Town and State officials.
Chief Building Official Ron LeMere addressed the Board. LeMere stated that the Building Department will monitor the activity on the store property to ensure that the activity is not occurring on the 19 South Main Street property and communicate with all parties to ensure conformance.
Hamel moved to continue the public hearing to the March 25, 2014 meeting. Second by Estabrook. Motion carried unanimously.
3. Other Board business.
a. Lewis Builders Development, Inc. request to review Sargent Woods expansion project conditions of approval.
Hamel and Holland stepped down from the Board.
Joshua Manning of Lewis Builders Development addressed the Board.
Mr. Manning stated that all of the conditions for the conditional approval connected to the Sargent Woods expansion project have been met except for the second condition regarding a letter from Town Counsel. The Planning Board has accepted a notice of municipal liability in place of the second condition. Lewis Builders has had difficulty getting the Board of Selectmen to sign the notice of municipal liability due to meeting conflicts, supposed conflicts of interest, and sickness of a Selectman. It is unreasonable to delay the final approval of the plan any longer. Due to these circumstances beyond the control of Lewis Builders, Mr. Manning requested that the Planning Board amend the second condition of the conditional approval in order to get the plan recorded.
Doggett noted that the RSA’s for the State of New Hampshire state that only the Selectmen may approve the notice of municipal responsibility and liability to allow Lot 7-4-5-1 to exist as depicted on the site plan connected to the Sargent Woods expansion project.
Milner stated that the Planning Board should follow proper procedure to ensure that the regulations are followed and the Town is protected.
Attorney Robert Levine of Lewis Builders stated that the Town has held up the process for two months. This delay is expensive for a developer. Lewis Builders may have to ask a Superior Court to direct the Selectmen to put people on notice that the Town does not have liability.
Doggett stated that, with no motion presented to overlook the condition, the Board will not take action on the request to amend the condition.
Hamel and Holland returned to the Board.
b. Review of conditional use permit for a home based business (firearms dealer) at 11 Kenwood Drive for Richard Thomas.
Doggett stated that Mr. Thomas notified the Board that he could not attend the meeting and asked for an extension until he could meet with the Board.
Gibbs moved that the Planning Board extend the conditional approval for a home based business (firearms dealer) at 11 Kenwood Drive for Richard Thomas to April 1, 2014. Second by Hamel. Motion carried unanimously.
Gibbs moved to continue the review proceedings for a home based business (firearms dealer) at 11 Kenwood Drive for Richard Thomas to the March 25, 2014 meeting. Second by Estabrook. Motion carried unanimously.
c. Acceptance of minutes.
Gibbs moved to accept the minutes of the February 11 meeting. Second by Melvin. Motion carried unanimously.
d. Correspondence.
Rowden suggested that the Planning Board review the Subdivision and Site Plan Regulations and entertain inserting relevant procedures from the procedures manual into the regulations to make the regulations more user friendly.
4. Adjourn: The meeting was adjourned at 8:40 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
| 
