NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND WORK SESSION
SEPTEMBER 23, 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 Roger Hamel and Fred Gabriel; Alternates Mary Allen, Jim Holland, and Bill Smith; 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.
Doggett appointed Smith to stand in for Blanchette.
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.
Doggett informed the Board that the applicant has requested to continue the hearing to the November 18 meeting date in order to have adequate time to produce a complete site plan.
Allen moved to continue the public hearing to the November 18, 2014 meeting. Second by Gabriel. Motion carried 4-0-2 with Hamel and Holland abstaining.
3. Valerie Sutton of Newton, NH requests a public hearing for a minor site plan review at 51 Highland Street (Garage construction over 1,200 square feet). The property is referenced as Tax Map 5, Block 4, Lot 17.
Doggett opened the public hearing. Doggett noted that a waiver request to the minor site plan requirements was submitted for this plan.
Rowden explained to the Planning Board that, even though a waiver to the entire minor site procedure was submitted, most of the requirements for a minor site plan submittal have been met by the applicant. The waiver is not necessary. A waiver for one requirement (indicating location of utilities for the structure) of the minor site plan procedures is necessary.
Holland moved that the Planning Board determines that the application for garage construction at 51 Highland Street meets the general intent of a minor site plan application. Second by Gabriel. Motion carried unanimously.
Ms. Sutton addressed the Board. Ms. Sutton stated that she intended to build a 30 foot by 70 foot garage which conforms to the required building setbacks at a distance of 66 feet from the centerline of the street. The garage would be used for storage of personal items such as a boat and possibly an automobile.
Rowden stated that the proposed construction meets all setback and zoning requirements. Rowden suggested that the Board note in its decision that the proposed structure be limited to approved residential use only.
Milner stated that the approved residential uses would be personal storage. No business uses would be allowed.
Sutton confirmed that there would be no commercial uses within the garage.
Doggett asked for abutter comments.
Karen Deary addressed the Board. Ms. Deary stated her opposition to the construction of the garage. She opposed the construction due to the following reasons:
- concern that such a large building could be converted to a business use
- possible drainage issues created by the new construction that could negatively impact her property
- excessive noise from activities within the garage could create a hardship for her
- a letter from neighbor Joseph Borsini opposing construction for the same reasons as Ms. Deary was presented.
Doggett stated that the issues expressed are outside of the purview of the Planning Board. The proposed construction is allowable due to its conformance to town regulations.
Ralph Fellows addressed the Board. Mr. Fellows expressed concern that such a large building would negatively impact the natural water run-off of the area.
Rowden stated that the drainage issues are more likely associated with the road. Due to the size of the lot and the size of the proposed building, this proposed building is very unlikely to create drainage issues that the lot could not adequately accommodate.
Steven Cote addressed the Board. Mr. Cote stated that an excessive amount of water drains into the area. He is concerned whether the proper construction permits are in place and if construction in such a wet area is proper.
Sherry White addressed the Board. Ms. White stated that the land in the area is very wet. Water runs into the land. The land becomes saturated. Construction equipment on the Sutton property got stuck in deep mud.
Richard Pushee addressed the Board. He stated the following concerns:
- the property at 51 Highland Street was previously classified as wetlands, but later re-classified to allow construction of homes
- the construction of the home on the property negatively impacted water drainage in the area; the construction of the garage will create the same negative drainage impacts
- the storage of such large equipment as proposed is proper in an industrial area, not a residential area; there is not enough room to get a large boat into the proposed garage due to the size of the driveway and road.
Jeff Brown addressed the Board on behalf of the applicant. Mr. Brown stated:
- the culverts and drainage issues existed before he and Ms. Sutton moved into the home on the property; they cleaned the culverts to help improve the drainage of the area
- there are no wetlands designated on the deed for the property; the water drains from two other lots onto their property; the drainage problem was not created by them
- drainage system and pipes installed by NHDOT, not the applicants.
Doggett asked the Town Road Agent Mike Pivero to comment.
Mr. Pivero stated that Highland Street is a state road. There are State of NH RSA’s which hold any landowner accountable for shedding water onto a state roadway. He will coordinate with the NHDOT during the construction process for the proposed garage and take the appropriate actions to ensure that water cannot flow onto the roadway.
Milner stated that the construction of the garage at the proposed location is no different than the construction of a home at the same location. The impact is the same.
Hamel asked the applicant why the garage needed to be so large.
Mr. Brown stated that the size of the personal items proposed to be stored in the garage required the size proposed.
Mr. Fellows requested that the Board view the site and the neighborhood in person prior to making a decision on the application.
Gabriel moved that the Planning Board take jurisdiction of the minor site plan application (Garage construction over 1,200 square feet) for 51 Highland Street (Tax Map 5, Block 4, Lot 17). Second by Holland. Motion carried unanimously.
Doggett presented a waiver request from the applicant to waive Newton Planning Board Policy and Procedure 10.D.iv.g requiring the applicant to show the location of the various utilities, facilities, and structures on the minor site plan. The proposed electric service lines to the proposed garage are not indicated on the minor site plan.
Doggett stated that the electric service needed to be indicated on the plan. The property must be serviced by one electric meter (not two meters) to prevent the possibility of a commercial or other non-residential use of the garage from occurring in the future.
Holland and Milner stated that restricting the use of the garage to storage of personal items in the approval language would accomplish the same goal as limiting the number of electric meters on the property.
Gabriel moved that the Planning Board grant a waiver to Newton Planning Board Policy and Procedure 10.D.iv.g. Second by Holland. The motion failed 3-3 with Allen, Doggett, and Hamel opposed.
Doggett presented a waiver request from the applicant to waive Newton Planning Board Policy and Procedure 10.D.iv.h requiring the applicant to provide a completion schedule for all improvements.
Holland moved that the Planning Board grant a waiver to Newton Planning Board Policy and Procedure 10.D.iv.h. Second by Hamel. Motion carried unanimously.
Gabriel moved that the Planning Board conditionally approve the minor site plan application for garage construction over 1,200 square feet at 51 Highland Street (Tax Map 5, Block 4, Lot 17) per the following conditions:
- The minor site plan shows the location of the proposed electric lines to the garage.
- The minor site plan indicates that one electric meter will service all buildings on the entire property.
- The residential use of storage of personal items is only allowed. No commercial or business use is allowed.
Second by Allen.
Discussion of motion – Hamel stated that he is opposed to the construction of the garage because the construction would cause more than a minimal impact on the area.
Motion carried 5-1 with Hamel opposed.
Doggett closed the public hearing.
4. Wesley Gundersen of Newton, NH request for a voluntary lot merger of properties located at 17 and 19 Gale Village Road. The properties are referenced as Tax Map 9 Block 3, Lot 13 and Tax Map 9, Block 3, Lot 14.
Wesley Gundersen addressed the Board. Mr. Gundersen stated that he recently purchased the property at 17 Gale Village Road. He would like to merge this approximately one-third (1/3) of an acre lot with the 3.7 acre lot that he owns and lives on at 19 Gale Village Road.
Doggett noted that the lot merger does not create an additional buildable lot.
Allen moved that the Planning Board take jurisdiction of the application for a voluntary lot merger of properties located at 17 and 19 Gale Village Road. Second by Hamel. Motion carried unanimously.
Allen moved that the Planning Board approve the voluntary lot merger of properties located at 17 and 19 Gale Village Road (Tax Map 9 Block 3, Lot 13 and Tax Map 9, Block 3, Lot 14). Second by Hamel. Motion carried unanimously.
Allen moved that the Planning Board authorize the Chairman to sign the voluntary lot merger form for the properties located at 17 and 19 Gale Village Road. Second by Gabriel. Motion carried unanimously.
Doggett suggested that, due to the Chairman’s absence and in the interest of expediency, the Board authorize the Vice Chairman to sign the voluntary lot merger form.
Allen moved that the Planning Board authorize the Vice Chairman to sign the voluntary lot merger form for the properties located at 17 and 19 Gale Village Road. Second by Holland. Motion carried unanimously.
5. Town of Newton, NH review of performance guarantees connected to the Sargent Woods expansion project.
Hamel and Holland stepped down from the Board.
Joshua Manning of Lewis Builders, Inc. addressed the Board. Mr. Manning requested that the Board accept the performance guarantee recommendation prepared by the Town Engineer for Phases 5B and 6 road construction of the Sargent Woods expansion project.
Allen moved that the Planning Board approve the increase to the performance guarantee connected to the Sargent Woods projects in the amount of $54,026.00 for Phases 5B and 6 road construction. Second by Gabriel. Motion carried unanimously.
Hamel and Holland returned to the Board.
6. Town of Newton, NH review of proposed amendments to the Town of Newton Zoning Ordinance.
Rowden presented to the Board suggested revisions to Section XXVIII Aquifer-Watershed Protection Ordinance. The revisions clarify the district boundaries of the Aquifer Protection District and the Watershed Protection District by providing an easier to understand mapping reference. The actual boundaries of the districts will not change.
Gabriel moved that the Planning Board put forward the revisions to the Aquifer-Watershed Protection Ordinance for inclusion on the 2015 Town Warrant. Second by Holland. Motion carried unanimously.
Rowden informed the Board that the state and federal laws governing modifications to cell towers have changed. She suggested that the Planning Board consider revising Section XXXVII Personal Wireless Service Facilities to conform to the current state and federal regulations.
Holland moved that the Planning Board authorize the Circuit Rider Planner to prepare, for the Board’s consideration, revisions to the Personal Wireless Service Facilities Ordinance that bring the section into conformance with state and federal law. Second by Gabriel. Motion carried unanimously.
7. Other Board business.
a. Correspondence.
Doggett suggested that, due to the extended continuance of the Lot 27-3 baseball complex hearing, abutters to the proposed Lot 27-3 baseball complex be sent a notice by regular mail of the November 18 hearing date.
Gabriel moved that the Planning Board send notice of the November 18, 2014 hearing date to the abutters of the proposed Lot 27-3 baseball complex by regular mail at the expense of the applicant. Second by Allen. Motion carried 4-0-2 with Hamel and Holland abstaining.
b. Acceptance of minutes.
Allen moved to accept the minutes of the August 26 meeting. Second by Hamel. Motion carried unanimously.
8. Adjourn: The meeting was adjourned at 8:50 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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