NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
JULY 8, 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 Roger Hamel and Sandra Estabrook; Alternates Mary Allen and Jim Holland; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Allen to stand in for Miller.
White appointed Holland to stand in for Blanchette.
2. Patricia Comeau and Thomas Cloutier of Newton, NH request a public hearing for a lot line adjustment for properties located at 2 and 8 New Boston Road. The properties are referenced as Tax Map 10, Block 1, Lot 13 and Tax Map 9, Block 2, Lot 1.
Patricia Comeau and Thomas Cloutier were present. Dennis Quintal of Civil Construction Management, Inc. represented the applicants. Estabrook stepped down from the Board. White opened the public hearing.
Mr. Quintal addressed the Board. Mr. Quintal stated that the applicants requested approval of a lot line adjustment at 2 and 8 New Boston Road. Ms. Comeau was selling a portion of her land to Mr. Cloutier. Mr. Quintal stated:
- approximate land areas before lot line adjustment, 2 New Boston Road – 10 acres, 8 New Boston Road – 2.5 acres
- approximate land areas after lot line adjustment, 2 New Boston Road – 8 acres, 8 New Boston Road – 5 acres
- a change to the plans slightly moved the new lot line to be created
- state approvals were not needed.
Doggett moved that the Planning Board take jurisdiction of the application for a lot line adjustment for properties located at 2 and 8 New Boston Road. Second by Hamel. Motion carried unanimously.
White stated that letters from the Circuit Rider Planner and the Town Assessor indicated no concerns with the proposed plan.
Doggett moved that the Planning Board approve the application for a lot line adjustment for properties located at 2 and 8 New Boston Road (Tax Map 10, Block 1, Lot 13 and Tax Map 9, Block 2, Lot 1). Second by Holland. Motion carried unanimously.
White closed the public hearing. Estabrook returned to the Board.
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.
Attorney Christos Valhouli and Phil Henry of Civil Design Group, LLC were present to represent the applicant. Hamel and Holland stepped down from the Board.
Mr. Valhouli addressed the Board. Mr. Valhouli stated that changes were made to the site plan based on the recommendations of the Board and the Town Engineer as a result of the June 12, 2014 site walk on the property. The changes were:
- modifications to the planting page (L-1)
- note added to the general notes page of the site plan indicating the applicant’s obligation to plant additional trees if plantings are deemed necessary by the Planning Board
- minor changes to the lighting plan to address the Board’s comments regarding adequate lighting for the emergency access route around the larger building.
Mr. Henry addressed the Board. Mr. Henry presented the details of the changes indicated on the existing conditions and planting pages of the site plan. Mr. Henry described:
- the addition to the site plan of the current, existing tree line relative to the required 50 foot undisturbed natural buffer area along the property lines.
- On the westerly edge of the property abutting Sargent Woods, the planting efforts are concentrated on areas within the 50 foot undisturbed natural buffer where disturbance occurred and no trees or original vegetation exists. No plantings will occur in the wetland areas.
- On the easterly edge of the property abutting Walnut Farm Road, there is a higher amount of tree plantings because the tree line is thinner and a gap exists in the tree line.
Mr. Henry further stated that 6 light packs had been added to the back and side of the larger building to provide better lighting for the emergency access route.
Doggett stated that the existing conditions page does not show the hole excavated by the applicant within the 50 foot undisturbed natural buffer area which contains standing water. The Board previously requested that the applicant contact NHDES to determine if the hole had become wetlands over time or if it could be filled in. The applicant has not provided any correspondence to the Board regarding the status of this excavated hole.
Milner and Doggett presented a list of several conditions that needed to be met prior to the recording of any approved site plan for Lot 27-4 Phase II construction.
White asked for abutter comments.
Larry Corcoran asked about the type of trees that would be planted along the Sargent Woods property line.
Mr. Henry described the type of trees noted on the site plan.
White presented a letter submitted by Nancy Harland. In the letter, Ms. Harland expressed concerns with the approved hours of operation for the Lot 27-4 Phase II site plan. She requested that the Planning Board reconsider its earlier decision and restrict the hours of operation to 7 am to 9 pm.
Doggett stated that the Board has given the hours of operation matter serious consideration previously and made a fair and balance decision.
White stated that the Board has done its due diligence discussing the hours of operation matter.
Mr. Corcoran asked the Board to reconsider changing the allowed hours for construction.
Doggett suggested that the hours of construction could follow the guidelines noted in (but not required by) the site plan regulations. The construction hours could be restricted to 7 am to 8 pm due to the unique location of the property.
Doggett moved that the hours of work for construction of the Lot 27-4 Phase II project be restricted to 7 am to 8 pm. Second by Allen. Motion carried unanimously.
Doggett moved that the Planning Board conditionally approve the site plan application 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). Conditions to be met prior to final approval and recording of the project mylar are as follows:
- Clean letter from Town Engineer.
- Clean letter from Circuit Rider Planner.
- Sign off from Town Engineer and Circuit Rider Planner on final version of site plan prior to recording.
- Applicant obtains all state permits and approvals.
- Applicant obtains septic system design and SWPPP approvals.
- Applicant obtains any other required permits.
- Final mylar must have all necessary professional stamps.
- Applicant completes a pre-construction meeting with the Town Engineer.
- Applicant deposits funds for erosion control/site restoration guarantee.
- Applicant deposits funds for NPREA professional review and construction oversight.
- Applicant obtains letters of approval for the site plan and work to be performed within the gas line easement from utility companies which own gas lines within the property.
- Applicant obtains correspondence from NHDES regarding status/action plan for vernal pool/excavated hole within the 50 foot undisturbed natural buffer near Sargent Woods lot line prior to recording and construction. If required, applicant obtains wetlands permit to fill vernal pool/excavated hole prior to recording and construction. If vernal pool/excavated hole is not filled, fencing will be placed around vernal pool/excavated hole and site plan will be revised to indicate the vernal pool/excavated hole and fencing prior to recording and construction. Required actions for vernal pool/excavated hole will be observed, inspected, and approved by the Town Engineer.
- Applicant obtains Alteration of Terrain permit. Final version of plans and documents submitted to the State of NH for Alteration of Terrain approval must be submitted to the Planning Board for review. If the site plan changes due to Alteration of Terrain approval, the Alteration of Terrain revisions will be added to the final version of the site plan prior to recording and construction.
- The existing tree line shall not be cut without prior approval granted by the Planning Board.
- The landscape buffer for the property is subject to ongoing evaluation by the Planning Board. The applicant agrees to plant additional trees as directed by the Planning Board.
- Any fill brought onto Lot 27-4 from outside of Lot 27-4 is required to be inspected by the Town Engineer to approve the fill’s acceptability for use on Lot 27-4.
- Copies of all as-built plans shall be provided to the Planning Board.
- Conditions of approval shall be added to the general notes page of the site plan.
- Tree line indicated on page 3 (Existing Conditions) needs to be darker. Tree line indicated on page L-1 (Planting Plan) needs to be labelled and depicted with tree line icons as shown on page 3. Note describing tree specifics on page L-1 needs to be moved to another area on the page so that it can be read clearly.
- Change note #8 on General Notes page to state:
“Modifications to this plan may occur as unforeseen conditions arise. All changes shall be approved by the Planning Board.”
Delete note #13 on General Notes page.
- Change note #17 on General Notes page and note #3 on page 4 to state:
“Hours of operation shall be 6:00am to 10:00pm. There shall be no idling of vehicles on site between 10:00pm and 6:00am.”
- Add note after note #17 on General Notes page stating:
“Construction hours shall be 7:00am to 8:00pm.”
- Add note to page 4 and page L-1 stating:
“This plan set is comprised of 19 sheets. Page 4 and page L-1 shall be recorded at the Rockingham County Registry of Deeds. The complete plan set shall be placed on file with the Newton Planning Board and constitute the approved development plan.”
- Page 3 (Existing Conditions) and page L-1 (Planting Plan) must have professional surveyor stamp.
Second by Estabrook. Motion carried unanimously.
Milner presented the statement for the NPREA professional review escrow account connected to the Lot 27-4 Phase II project. There was a low balance in the account. A deposit of approximately $700.00 was needed to bring the account to an adequate balance. Milner also presented the construction oversight cost estimate prepared by the Town Engineer for the Lot 27-4 Phase II project. The Town Engineer recommended a $4,800.00 deposit to cover construction oversight costs.
Doggett moved that a $5,500.00 deposit be made to the NPREA account connected to the Lot 27-4 Phase II project. Second by Allen. Motion carried unanimously.
Allen moved that, as soon as the balance for the NPREA account connected to the Lot 27-4 Phase II project drops below $2,000.00, a deposit will be made to bring the NPREA account back to a balance of $2,000.00. Second by Doggett. Motion carried unanimously.
Milner presented the erosion control/site restoration performance guarantee prepared by the Town Engineer for the Lot 27-4 Phase II project.
Doggett moved that $132,080.40 be deposited with the Town of Newton to establish an erosion control/site restoration performance guarantee for the Lot 27-4 Phase II project. Second by Allen. Motion carried unanimously.
Doggett moved that $10,200.00 from the erosion control/site restoration performance guarantee be retained for a minimum of three years to cover any additional tree plantings deemed necessary by the Planning Board. Second by Allen. Motion carried unanimously.
Milner noted that the amounts for the escrow account and the performance guarantee are initial deposits. Circumstances may arise which may require additional deposit of funds. Milner also notified the applicant’s representatives that other performance guarantees connected to Lot 27-4 were due to expire soon. The letters of credit connected to the performance guarantees must be renewed prior to their expiration date.
Doggett moved that the General Notes page, the Overall Site Plan page, and the Planting Plan page for the Lot 27-4 Phase II site plan be recorded at the county registry. Second by White. Motion carried unanimously.
White closed the public hearing. Hamel and Holland returned to the Board.
4. Other Board business.
a. Acceptance of minutes.
Doggett moved to accept the minutes of the June 24 meeting. Second by Allen.
Discussion of motion – Estabrook suggested that a description of the proposed use for the accessory structure to be built at 51 Pond Street should be added to the minutes. Mr. Anderson stated that the 2040 square foot accessory structure would be used for storage of personal equipment and as a work space for personal projects. There would be no business use in connection with the accessory structure.
Doggett noted that the minutes indicate that Mr. Anderson had discussions with a historical commission regarding the older vacant home on the property. Doggett stated that the proper term for the organization is historical society, not commission.
Motion carried unanimously as amended.
b. Manifests.
White presented a NPREA manifest to the Board. The invoices reflected payment for site plan reviews, construction observations, and legal ads.
Doggett moved to pay the NPREA manifest in the amount of $3,013.55. Second by Allen. Motion carried unanimously.
c. Correspondence.
Milner presented the Planning Board operating budget expenses as of July 7, 2014 to the Board.
5. Adjourn: The meeting was adjourned at 8:24 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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