NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
AUGUST 26, 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 Sandra Estabrook and Roger Hamel; Alternates Mary Allen 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 Holland to stand in for Miller.
2. Legends Baseball, LLC in Middleton, MA and 125 Development NH Corp in Plaistow, NH continuation of a public hearing for a site plan review (site plan for Lot 27-3 baseball complex 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 27-3.
Scott Frankiewicz of Brown Engineering and Surveying, LLC, Dave Constantino of Legends Baseball, LLC, and Attorney Christos Valhouli were present to represent the applicant.
Hamel and Holland stepped down from the Board.
Mr. Frankiewicz addressed the Board. Mr. Frankiewicz stated that the applicant is seeking a denial letter from the Planning Board for the proposed site plan regarding the 200 foot structural setbacks required by the zoning ordinance. The site plan proposes to build four baseball fields with accompanying seating, concession/storage/restroom buildings, fencing, and parking areas. The applicant is seeking the Board’s opinion on what potential variances are needed from the Zoning Board of Adjustment (ZBA).
Doggett stated that the site plan must be complete before the Planning Board can take jurisdiction and issue any denial letters.
Rowden confirmed Doggett’s statement.
Milner noted that the Circuit Rider Planner and the Town Engineer have issued review letters which detail how the site plan is not complete. In order to make an informed decision regarding what potential variances are needed, the Planning Board must review a complete site plan.
Rowden explained that, while the 200 foot structural setback variance is needed, there are other items in the site plan (such as the roadway information) which may or may not require a variance also. Due to the incomplete information provided by the submitted site plan for these items, the need for other variances cannot be determined.
Doggett noted that the property extends into the Town of Plaistow. He suggested that the applicant research the proper procedures to obtain approvals from the Town of Plaistow.
Rowden noted that the submitted site plan is very unclear as to whether the proposal is a subdivision or a phased site plan. This item needs to be clarified in some way for Plaistow and Newton approval.
Frankiewicz explained that there will be a 2-lot subdivision of the property. There will be two applications; one for the subdivision with a roadway and one for the baseball complex site plan. The proposed baseball complex project will not affect land in Plaistow.
Milner stated that the baseball complex site plan will need to be corrected to clearly depict the intended subdivision regardless of a separate subdivision application.
Estabrook asked if the baseball field use proposed for this property is allowed by the zoning ordinance.
Rowden stated that the proposed use is allowable.
Doggett asked for comments from the public.
Margaret Sweeney asked for clarification regarding the proposed setbacks.
Doggett stated that a 200 foot structural setback is required unless the ZBA grants a variance to allow the setback distance depicted on the site plan.
Brian Murphy asked for clarification on the definition of a structure.
Doggett explained that structures are not just buildings. Structures include items permanently located on the land such as parking lots.
Josephine Caiazza asked how much area will be developed as part of this proposal.
Mr. Frankiewicz stated that the baseball complex shown on the proposed site plan as Phase I of the subdivision involves approximately 19 acres. There is a potential for more fields to be constructed in the future within the approximately 13 acres of the Phase II area depicted on the site plan.
Larry Corcoran asked if the fields would be lighted.
Mr. Constantino stated that there would be no lighting.
Allen moved to continue the public hearing to the September 23, 2014 meeting. Second by Estabrook. Motion carried unanimously.
Hamel and Holland returned to the Board.
3. Other Board business.
a. Acceptance of minutes.
Allen moved to accept the minutes of the August 12 meeting. Second by Estabrook. Motion carried unanimously.
b. Manifests.
Doggett presented an operating budget manifest to the Board. The invoices reflected payment of telephone, legal, and training bills.
Estabrook moved to pay the operating budget manifest in the amount of $325.40. Second by Hamel. Motion carried unanimously.
Doggett presented a NPREA manifest to the Board. The invoices reflected payment for legal ad and abutter notices and payment to Town Engineer for site plan review and financial guarantee preparation.
Holland moved to pay the NPREA manifest in the amount of $723.08. Second by Estabrook. Motion carried unanimously.
c. Correspondence.
Doggett informed the Board that a third request has been sent to the developer of the Lot 27-4 Phase II project to deposit funds into the NPREA account for this project per the Board’s previous votes on the matter.
Milner informed the Board that the NPREA account for the Lot 27-3 baseball complex project was at a low balance.
Allen moved that a deposit of $2,500.00 be made to the NPREA account for the Lot 27-3 baseball complex project. Second by Estabrook. Motion carried 3-0-2 with Hamel and Holland abstaining.
Allen reminded the Board that the next scheduled Planning Board meeting on September 9 conflicted with the State Primary Elections to be held at Town Hall on the same day.
Hamel moved that the Planning Board cancel its September 9, 2014 meeting due to a conflict with the State Primary Elections. Second by Holland. Motion carried unanimously.
4. Adjourn: The meeting was adjourned at 8:04 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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