NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
APRIL 22, 2014
1. Call to Order: Vice Chairman Jim Doggett called the meeting to order at 7:00 pm. In attendance were: Vice Chairman Jim Doggett; Planning Board members Robert Miller, Roger Hamel, and Fred Gabriel; Alternates Mary Allen, Sandra Estabrook, and Jim Holland; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Allen to stand in for White.
Doggett appointed Estabrook to stand in for Blanchette.
2. 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.
Hamel stepped down from the Board.
Attorney Christos Valhouli and Matt Leidner of Civil Design Group, LLC were present to represent the applicant. Mr. Valhouli addressed the Board. Mr. Valhouli stated:
- The variances regarding setback issues needed for the Lot 27-4 Phase II construction plan were obtained in 2013. The plan also referenced previous variances obtained in 2009.
- The revised plan addresses some issues noted in review letters by Town Engineer and Circuit Rider Planner.
Mr. Leidner addressed the Board. Mr. Leidner stated:
- The plan has not changed in any substantial fashion since last discussion held in August 2013.
- The plan shows the construction of a 91,000 sq. ft. building and a 6080 sq. ft. building.
- The plan shows 158 parking spaces. This is a change from the previous version of the plan. The notes regarding ‘banking’ parking spaces for future construction have been removed. All 158 spaces will be built.
- Structural setback issues have been addressed by October 2013 Zoning Board of Adjustment (ZBA) variances specific to certain structures represented in the plan. As a result of the detailed variances, there are no changes in the location of the structures from the previous version of the plan.
- There is a gravel access drive accessing a loading bay door on the back of the smaller building. The access drive encroaches seven (7) feet onto the gas line easement in the area. The applicant has obtained initial approvals from two gas line companies to construct the gravel drive as shown on the plan.
Milner noted that receipt of final approval letters from the gas line companies allowing encroachment on the easement may be a condition of approval for the plan.
Rowden stated that the boulders proposed on the plan are sufficient to limit access onto the easement.
Rowden further stated:
- As presented, the application is ready for jurisdiction.
- The plan conforms to the 2009 and 2013 ZBA variances and meets the ZBA conditions.
- Building # 1 dumpster and driveway area is very close to the wetlands. Although the area meets the actual setback requirements, the Board may want to consider if the intent of the ordinance is being met by having the dumpster and driveway so close to the wetlands.
Doggett stated that run-off from a dumpster is nasty stuff. Since this location is over an aquifer recharge area, he suggested that the dumpster be located on the other side of the building.
Rowden stated that no hazardous material would be allowed to be placed in a dumpster on site.
Rowden further suggested:
- The Board may want to consider adding notes to the plan to address noise generation problems mentioned by abutters such as hours of operation, etc.
- A waiver request regarding boulders near the gas line is reasonable.
Milner noted that the Town Engineer’s review letter mentioned that the plan allowed for either depressed loading docks or at grade bay doors at both buildings. He suggested that the plan be revised to eliminate loading door options and pick one type of loading door for each building.
Mr. Leidner agreed to eliminate the notes allowing for loading door options. Each building will be constructed with the loading door type shown on the plan.
Rowden suggested that a landscaping plan be required as part of the site plan that addresses the trees to be established on the berm required by the ZBA conditions.
Doggett asked for abutter comments.
Nancy Harland addressed the Board. Ms. Harland stated her concerns regarding current noise problems on the property. She suggested that specific language regarding noise during construction and when the building is occupied should be added to the site plan to mitigate noise problems.
Doggett suggested that adding a landscaping plan and hours of operation notes to the site plan will help mitigate noise problems.
Ms. Harland asked if the excavation permit connected to Lot 27-4 will allow the developer to conduct a gravel pit business on Lot 27-4 as exists on other lots.
Doggett stated that the excavation permit is connected to an approved excavation plan which specifies how the excavation will occur.
Nancy Koslowski addressed the Board. Ms. Koslowski stated her concerns regarding current noise problems on the property. Twenty-four (24) hours a day/ seven (7) days a week operations are not the intended use of this property. Limits on the hours of operation must be established.
Jaimie Fitzpatrick addressed the Board. Mr. Fitzpatrick stated his concerns regarding light escaping from the property. Mr. Fitzpatrick asked for additional information regarding complaints connected to the Puzzle Lane development.
Doggett stated that the complaint issue must be addressed by the Code Enforcement department.
Rowden stated that the complaint issue was outside the jurisdiction of the Planning Board.
Mr. Valhouli suggested that the Board not use broad language regarding noise violations in the site plan that would be overly restrictive to normal business operations. The complaint process through the Code Enforcement department is the proper way to address the noise issue.
Doggett suggested that, due to previously mentioned items that still need to be addressed, the plan is not complete.
Estabrook asked for details regarding traffic flow on the site.
Mr. Leidner explained the traffic flow pattern on the plan. He stated that the dimensions are more than sufficient for trucking traffic. The width of the road along the front of the building is 30 feet. This is wider than the 22 foot minimum requirement.
Doggett stated his concern regarding the safety of the large retention pond at the edge of the front parking area. He suggested some kind of fencing be added to the plan to mitigate accidental entry into the large retention pond with steep drop-offs.
Mr. Leidner agreed to add some fencing to the retention pond.
Milner noted the Town Engineer’s recommendation that the Lot 27-4 Phase II project should be subject to construction oversight due to the size and complexity of the project.
Doggett suggested that the Board take up some of the issues raised during the discussion.
Miller moved that a landscaping plan sheet be added to the site plan detailing the vegetation on the berm and the planting of additional trees within the 50 foot natural buffer as required by the conditions of the Zoning Board of Adjustment variances decision. Second by Estabrook. Motion carried unanimously.
Allen moved that the Planning Board request the Circuit Rider Planner supply language to address the containment of noise and hours of operation suggestions connected to the Lot 27-4 Phase II project. Second by Miller. Motion carried unanimously.
Miller moved that the Planning Board require construction oversight of the Lot 27-4 Phase II project and authorize the Town Engineer to prepare a NPREA professional review account estimate for costs connected to the construction oversight. Second by Allen. Motion carried unanimously.
Allen moved to continue the public hearing to the May 13, 2014 meeting. Second by Miller. Motion carried unanimously.
Hamel returned to the Board.
3. Other Board business.
a. Katherine Drive performance guarantee review.
Doggett presented memos from the Town Engineer and the Road Agent stating that Katherine Drive was in good condition and recommending the release of the maintenance guarantee established per the Subdivision Regulations.
Miller moved to send a memo to the Board of Selectmen recommending that the road performance guarantee for Katherine Drive be released. Second by Allen. Motion carried unanimously.
b. Cell Tower removal guarantee review.
Doggett presented a memo from the Town Engineer stating that the $16,500.00 removal guarantee currently established for the cell tower in the Town of Newton is adequate for site restoration costs.
Allen moved that the Planning Board finds the current financial guarantee value for cell tower removal of $16,500.00 is adequate for site restoration costs. Second by Miller. Motion carried unanimously.
c. Sargent Woods expansion water franchise area review.
Hamel stepped down from the Board.
Doggett presented to the Board correspondence regarding the petition by the Hampstead Area Water Company, Inc. to amend its water franchise area to include the former Tax Map Lot 7-5-4 recently merged with Tax Map Lot 8-3-11 as part of the Sargent Woods condominium community expansion project.
Miller moved that the Planning Board send a memo to the Board of Selectmen stating that the water franchise area notification letter is in compliance with the approved site plan for the Sargent Woods expansion project. Second by Gabriel. Motion carried unanimously.
Hamel returned to the Board.
d. NPREA account reviews.
Doggett presented correspondence from the owner of the property at 19 South Main Street requesting a refund of $382.22 in unused NPREA deposit funds connected to the minor site plan application for that property.
Estabrook moved that the Planning Board close the NPREA account connected to the 19 South Main Street minor site plan application and release the remaining funds to the applicant. Second by Miller. Motion carried unanimously.
Milner informed the Board that there were remaining balances in the NPREA accounts connected to the following completed projects:
- Michael Doucet, accessory apartment, $98.48
- Donald and Janet Gavin, Maple Avenue subdivision, $1,462.84
- S & R Construction, excavation, $380.04
Milner requested that the Board close the NPREA accounts and release the remaining funds to the applicants.
Hamel moved that the Planning Board close the three indicated NPREA accounts and release the remaining funds to the applicants. Second by Miller. Motion carried unanimously.
e. Planning Board 2014 operating budget expense review.
Doggett presented the first quarter operating budget expenditure report to the Board. Doggett asked the Board to consider funding administrative expenses for the municipal complex committee.
f. Planning Board member appointment.
Doggett presented correspondence to the Board from Sandra Estabrook expressing interest in filling the open Planning Board member position.
Allen moved to appoint Sandra Estabrook as a member of the Planning Board for a term to expire on the date of the March 2015 Town Election. Second by Hamel. Motion carried unanimously.
g. Acceptance of minutes.
Allen moved to accept the minutes of the March 25 meeting. Second by Miller. Motion carried unanimously.
h. Manifests.
Doggett presented an operating budget manifest to the Board. The invoices reflected payment of telephone and legal bills.
Estabrook moved to pay the operating budget manifest in the amount of $307.27. Second by Hamel. Motion carried unanimously.
Doggett presented a NPREA manifest to the Board. The invoices reflected payment for public hearing abutter notices.
Allen moved to pay the NPREA manifest in the amount of $110.33. Second by Miller. Motion carried unanimously.
4. Adjourn: The meeting was adjourned at 9:03 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
| 
