NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
MAY 13, 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 Fred Gabriel, Roger Hamel, and Sandra Estabrook; Alternate Jim Holland; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Holland to stand in for Miller.
2. Charles and Kathleen Marden of Groveland, FL request a public hearing for a 4 (four) lot subdivision on Heath Street. The property is referenced as Tax Map 4, Block 6, Lot 3.
Charles and Kathleen Marden were not present at the meeting.
Dennis Quintal of Civil Construction Management, Inc. was present to represent the applicants.
White opened the public hearing.
Mr. Quintal addressed the Board. Mr. Quintal stated that the subdivision plan detailed the third phase for the remaining land not developed in previous subdivisions of the property located on Heath Street. Details of the plan are as follows:
- The property encompasses 17 acres with frontage on Heath Street.
- Grading and drainage of the property flows water from the street to the wetlands in the back of the property.
- Four lot subdivision with four single family homes.
- Homes will be sprinkled.
- State permits are still pending.
Mr. Quintal asked the Board to take jurisdiction of the subdivision plan.
Hamel asked if the possibility of further development on the largest remaining lot may occur.
Mr. Quintal responded that a concept plan for further development (a short road or cul-de-sac) has been made. He is not sure if that concept plan will ever be developed.
Mr. Quintal stated that the following professional review notes will be addressed on the final version of the plan:
- Street addresses will be added.
- Required $5,000.00 road bond established for each lot note will be added.
- Correct Residential B Zone designation added.
- Proper well radius between well and septic tank placements will be added.
- Conservation Commission approval will be obtained prior to final approval of the plan.
Milner suggested that the plan should not be approved until the Conservation Commission reviews the plan.
Rowden suggested that Conservation Commission approval could be made a condition of Planning Board approval.
Holland and White agreed with Rowden’s suggestion.
Mr. Quintal noted the Town Engineer’s comment that a storm water management plan was required for the project. Mr. Quintal presented a written request to the Board to waive the storm water management plan requirement.
Doggett moved that the Planning Board take jurisdiction of the application for a 4 (four) lot subdivision on Heath Street (Tax Map 4, Block 6, Lot 3). Second by Hamel. Motion carried unanimously.
Rowden stated that the waiver request was reasonable.
Doggett moved that the Planning Board grant a waiver to the Town of Newton Subdivision Regulation 8.2.3 requiring a storm water management plan for the 4 (four) lot subdivision on Heath Street. Second by Gabriel. Motion carried unanimously.
White asked for abutter comments.
John Pomykato addressed the Board. Mr. Pomykato stated his concerns regarding the wetlands in the area and how this construction will affect water flow near his property.
Ben Stevens addressed the Board. Mr. Stevens stated his concerns regarding future development near his property and the adequacy of Heath Street to accommodate the increase in development.
Doggett moved that the Planning Board conditionally approve the application for a 4 (four) lot subdivision on Heath Street (Tax Map 4, Block 6, Lot 3) per the following conditions:
- Applicant obtains state subdivision approval.
- Applicant obtains any other required state permits.
- Applicant obtains Conservation Commission approval for the subdivision plan.
- Abutter notes corrected to indicate current abutters.
- Street addresses for lots added to the subdivision plan.
- Zoning notes corrected to indicate correct zoning of the property.
- Note added to the recorded page of the subdivision plan stating that the “Lot owners and/or their agents shall be required to post a $5,000.00 road bond upon application for a driveway permit. This bond is to cover any potential damage to Heath Street along the frontage of said lots during the construction phase of their lots.”
- Depiction of well radii on Lots 3 and 3-10 corrected to indicate proper placement of well and septic tank.
- Dimensions of driveways and a note indicating that no stone walls or trees lie within these dimensions will be added to the subdivision plan.
- Note indicating approval of waiver to Subdivision Regulation 8.2.3.
- Clean letter for the subdivision plan from the Circuit Rider Planner and Town Engineer.
- Bounds for the property must be set and final recorded mylar page must have all necessary professional stamps.
Second by Holland. Motion carried unanimously.
White closed the public hearing.
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.
Hamel and Holland 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 that a required performance guarantee for Lot 27-4 has been renewed.
Doggett stated for the record that the performance guarantee was allowed to expire. This is the third time that 125 Development NH Corp has allowed a performance guarantee to expire. He suggested that 125 Development NH Corp put a more earnest effort into maintaining the performance guarantees.
Mr. Leidner addressed the Board. Mr. Leidner stated:
- Dumpster next to smaller building has been moved to other side of building away from the wetlands area.
- Notes allowing an option for each building’s loading dock doors have been removed. Each building has a specific type of loading door depicted.
- Landscape plan has been added to the site plan.
- Chain link fence has been added to slope of drainage area at edge of parking lot.
- Spillway added next to parking spaces on side of large building.
- Required alteration of terrain permit, SWPPP, and septic system design approval should be made conditions of approval for the site plan.
- Town Engineer commented in his review letter that the trees located in the storm water basins and on associated berms must be removed. To address this comment and comply with the Zoning Board of Adjustment (ZBA) requirement, the trees in and along the storm water management area (SWMA), but not in the 50 foot buffer area, can be moved to the embankment between the parking lot and the SWMA.
Doggett suggested that trees with a smaller mass than depicted on the landscape plan (such as conifer or arbor vitae) be planted at the top of the SWMA slope to prevent the possibility of larger mass trees eventually falling into the SWMA. Doggett also suggested that trees be added along the northern edge of the parking lot to provide additional screening since trees are being removed from the area adjacent to the westerly 50 foot buffer area.
White and Doggett suggested that the trees depicted along the back of the building may be placed too close together. Doggett suggested that an adequate amount of space be provided between the trees along the back of the building to allow for the trees to spread out when the trees grow larger.
Rowden suggested that a note mentioning a possible future waiver for the placement of the septic tank within the required well setback should be removed or addressed at the present time.
Mr. Leidner stated that the entire note will be removed.
Rowden presented several options to the Board to address previously stated abutter concerns regarding noise mitigation and hours of operation.
Doggett asked Rowden for a recommendation for the hours of operation.
Rowden suggested the hours of operation be 6 am to 10 pm. Rowden noted that these hours are different from the 7 am to 9 pm hours stated in the memo that she presented to the Board. Upon reflection, she feels that the 7 am to 9 pm hours are too restrictive.
Mr. Valhouli stated that restricting use beyond the site plan regulations that are already in effect would be overly restrictive. The proper time to address elements of potential use is when an occupancy permit is issued.
White stated that the site is in the middle of a residential area. A twenty four hour operation is not envisioned for this area.
Milner stated that the site plan regulations provide guidance to the Board. Different areas may require different needs. Due to the unique circumstances associated with this site plan, a different set of standards may need to be established.
Rowden stated that the site plan regulations represent the minimum standards, not the maximum standards. The Board has the authority to impose stricter requirements.
Mr. Valhouli stated that to speculate on the possible use of the property and offensive noise levels is not proper at this time.
Doggett stated that the Board should be more restrictive at the beginning for a site that is so close to so many residential dwellings. The Board has the responsibility to make sure that no one in town loses enjoyment of their property so that the applicant can benefit. There has to be a balance. The hours of operation proposed are reasonable.
Mr. Valhouli stated that he is opposed to the implementation of hours of operation. The site plan regulations are adequate. The proper way to address the noise issue is with code enforcement action at the time that the site plan noise regulations are violated.
Rowden stated that noting hours of operation on site plans whether the use is known or not is very common. Hours of operation also aid the effects of other issues such as odor, traffic, etc.
Estabrook asked for clarification on the details of the lighting plan.
Milner suggested that pictures showing the dimensions of the light poles and the actual light fixtures be added to the plan.
Mr. Leidner explained the foot candle values on the lighting plan and agreed to add pictures of the lighting fixtures to the plan.
Milner informed the applicant’s representatives of the initial NPREA professional review escrow amount that will need to be deposited prior to final approval of the site plan.
Doggett moved that the Planning Board take jurisdiction of the application 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 (Tax Map 14, Block 1, Lot 27-4). Second by Estabrook. Motion carried unanimously.
Rowden suggested that the Board take up the waiver request noted in the application. Rowden stated that she had no issue with the waiver request.
Doggett moved that the Planning Board grant the waiver to the Town of Newton Site Plan Regulation 7.2.9.C to reduce the 25 foot landscaped buffer to zero (0) feet for the purpose of the proposed gravel driveway for Building #1 and to 15 feet for proposed riprap and piping associated with Pond A with the condition that additional trees be added to the site plan in the northern section of the site. Second by Gabriel. Motion carried unanimously.
White asked for abutter comments.
Larry Corcoran addressed the Board. He suggested that hours of operation should be enforced during construction.
Nancy Harland addressed the Board. She stated that noise issues currently exist at the Puzzle Lane site. It is not unreasonable to assume that similar noise issues will occur on Lot 27-4. It is not reasonable to assume that the police or code enforcement will be able to respond to continual noise problems. Hours of operation are needed to protect the quality of life for abutters to the site.
Doggett moved that the Planning Board limit the hours of operation, including during construction, for the site from 6 am to 10 pm. A note indicating this limitation shall be added to the site plan. Second by Gabriel. Motion carried unanimously.
Ms. Harland stated that standards needed to be more restrictive for truck deliveries.
Doggett moved that a note be added to the plan stating that there shall be no overnight idling of vehicles on the site between the hours of 10 pm and 6 am. Second by Gabriel. Motion carried unanimously.
Doggett moved to continue the public hearing to the May 27, 2014 meeting. Second by Estabrook. Motion carried unanimously.
Rowden released.
4. Non-public session per RSA 91-A:3.II.c.
Doggett moved to enter non-public session under RSA 91-A:3, II (c) at 9:32 pm. Second by Gabriel. Board polled.
Estabrook – yes; Doggett – yes; White – yes; Gabriel – yes.
The Board came out of non-public session at 9:50 pm.
Doggett moved that the minutes of the non-public session and the non-public session held on March 25, 2014 will remain confidential until in the opinion of the majority of the members the circumstances no longer apply. Second by Gabriel. Motion carried unanimously.
Doggett moved that the Planning Board reaffirms its previous decision regarding communications with 125 Development NH Corp. Second by White. Motion carried unanimously.
5. Other Board business.
a. Sargent Woods construction oversight update.
White presented a memo from the Town Engineer providing details of the most recent site visit. In addition, the NPREA account for the original Sargent Woods project was at a low balance.
Doggett moved that the developer deposit $1000.00 into the NPREA account for the original Sargent Woods project. Second by White. Motion carried unanimously.
b. Correspondence.
White presented a memo from the RPC suggesting that a representative from the RPC meet with the Board for an information session about the circuit rider program and transportation planning on June 24.
Doggett moved that the Planning Board invite the RPC representative to the June 24, 2014 meeting for an information session. Second by White. Motion carried unanimously.
Holland and Hamel returned to the Board.
c. Acceptance of minutes.
Doggett moved to accept the minutes of the April 22 meeting. Second by Hamel. Motion carried unanimously.
d. Manifests.
White presented a NPREA manifest to the Board. The invoices reflected payments to the Town Engineer and legal ad.
Doggett moved to pay the NPREA manifest in the amount of $1,811.79. Second by Estabrook. Motion carried unanimously.
6. Adjourn: The meeting was adjourned at 9:58 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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