NEWTON PLANNING BOARD
MINUTES OF PUBLIC MEETING
OCTOBER 28, 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; Alternates Mary Allen and Jim Holland; and Circuit Rider Planners Jennifer Rowden and Theresa Walker. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Allen to stand in for Blanchette.
White appointed Holland to stand in for Miller.
2. Valerie Sutton of Newton, NH requests a public hearing for a reconsideration of the conditions of approval 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.
Valerie Sutton and Jeff Brown were present. White opened the public hearing.
Ms. Sutton addressed the Board. Ms. Sutton requested that the Planning Board reconsider the condition of approval for the garage construction at 51 Highland Street which required that one electric meter will service all buildings on the entire property. In order to comply with this condition, considerable cost will be incurred by the property owners. As noted in a review by a Unitil representative presented to the Planning Board, the voltage loss would adversely affect electric service to the neighboring property and the following items will need to be completed:
- extensive upgrades of the in-home electric components
- upgrade of the existing transformer
- installation of wiring by trenching over three hundred feet of the property.
Ms. Sutton suggested that the Board allow the installation of a second electric line and meter directly connected to the garage as shown on the drawing presented to the Board.
Ms. Sutton further stated that she had no intention to rent the proposed garage. The garage would be used for her own personal use.
Rowden explained that the original reason for the condition being imposed was to prevent the garage from being used in a commercial capacity. The residential nature of the property and the garage can be enforced by other means. The condition to require only one electric meter for the property is redundant and would create a hardship for the applicant.
White presented the letter from the Unitil representative to the Board which confirmed Ms. Sutton’s statements.
White asked for abutter comments.
Joseph Borsini addressed the Board. Mr. Borsini asked if the proposed electric meter will be registered in a person’s name or a business name.
White responded that the electric meter will be registered in the property owner’s name.
Mr. Borsini asked if the proposed garage would be used for storage of the property owner’s personal vehicles and not for the storage of commercial vehicles.
Ms. Sutton responded that no commercial vehicles will be stored in the proposed garage.
Steve Cote addressed the Board. Mr. Cote stated that, as proposed, the additional electric meter and transformer are not necessary for a residential garage. The additional electric meter and transformer creates the potential for the garage to be used in a commercial capacity.
Ralph Fellows addressed the Board. Mr. Fellows asked what type of electric service would be installed for the proposed garage.
Ms. Sutton stated that she did not know what type of electric service would be installed.
White noted that the applicant’s stated proposed residential use is the determining factor. The Board cannot speculate on what any type of electric service may be used for in the future. Any violation of the zoning ordinances regarding the use of the building is an issue for the code enforcement department to handle in the future.
Rowden stated that the type of electric service is outside of the Board’s jurisdiction and ability to regulate.
Mr. Fellows asked that the letter from the Unitil representative be read.
The letter from the Unitil representative was read.
Mr. Fellows stated that he does not agree with portions of the Unitil representative’s opinion.
Holland stated that the Board must deal with the facts presented to it. The Planning Board cannot make decisions based on speculation.
Doggett moved that the Planning Board remove the condition which requires that one electric meter will service all buildings on the entire property from the conditional approval issued on September 23, 2014 for construction of an accessory structure over 1200 square feet at 51 Highland Street. Second by Holland. Motion carried 5-2 with Estabrook and Hamel opposed.
White moved that the Planning Board finds that all conditions for the conditional approval issued on September 23, 2014 for construction of an accessory structure over 1200 square feet at 51 Highland Street have been met. The plan is granted final approval. Second by Holland. Motion carried 5-2 with Estabrook and Hamel opposed.
White closed the public hearing.
3. RTW, LLC (c/o Bill Bartlett) in Plaistow, NH request for extension of conditional approval for Kinsley Corner duplex cluster development at 129 North Main Street. The property is referenced as Tax Map 9, Block 6, Lot 7-1.
Bill Bartlett was present.
Mr. Bartlett addressed the Board. Mr. Bartlett requested an extension of the conditional approval for the Kinsley Corner duplex cluster development at 129 North Main Street.
Milner asked what plans Mr. Bartlett had for moving forward with the project.
Mr. Bartlett responded that due to market and other economic conditions he intends to move forward with the project in the spring of 2015.
Milner informed the Board that the only outstanding condition remaining from the conditional approval is the deposit of the required performance guarantee. No activity on the site should begin until the performance guarantee is deposited with the Town of Newton.
Doggett moved that the Planning Board extend the conditional approval for the Kinsley Corner duplex cluster development at 129 North Main Street to November 14, 2015. Second by Hamel. Motion carried unanimously.
4. Other Board business.
a. Review of 2014-2015 Planning Board zoning ordinance amendment schedule.
Milner presented the various deadline dates for inclusion of zoning ordinance amendments on the 2015 Town Warrant.
Doggett moved that the Planning Board schedule the public hearing for inclusion of Planning Board-sponsored zoning ordinance amendments on the 2015 Town Warrant on December 9, 2014. Second by Hamel. Motion carried unanimously.
b. Review of 2015 Planning Board meeting calendar.
Milner presented a proposed 2015 meeting calendar to the Board.
Doggett moved that the Planning Board adopt the proposed 2015 meeting calendar. Second by Holland. Motion carried unanimously.
c. Acceptance of minutes.
Doggett moved to accept the minutes of the October 14 meeting. Second by Hamel. Motion carried unanimously.
d. Correspondence.
Milner reviewed correspondence between the Board Chairman and Vice Chairman and the Building Department regarding site work on the Lot 27-3 Phase II building project. Due to various aspects associated with the ongoing site work, the Chairman and Vice Chairman suggested that the Planning Board confirm the recommendation to require Town Engineer inspections of the site work to ensure conformance to the approved site plan.
Doggett moved that the Planning Board requires the Town Engineer to conduct inspections of the site work connected to the approved Lot 27-3 Phase II site plan in order to verify the site’s conformance to the approved site plan during the construction activities. Second by Allen. Motion carried 5-0-2 with Hamel and Holland abstaining.
Doggett moved that the Planning Board requires an initial deposit of $2,000.00, payable to NPREA, to be made by the developer of the Lot 27-3 Phase II building construction to cover inspections, construction oversight, and professional review costs. Second by Allen. Motion carried 5-0-2 with Hamel and Holland abstaining.
Doggett moved the Planning Board Chairman be authorized to sign a certificate of occupancy for the Lot 27-3 Phase II building only after:
a. The Planning Board receives a clean letter from the Town Engineer regarding the site work.
b. The Planning Board is satisfied that the site work associated with the Lot 27-3 Phase II site plan conforms to the approved site plan.
c. All outstanding NPREA fees and invoices have been paid.
Second by Allen. Motion carried 5-0-2 with Hamel and Holland abstaining.
Doggett informed the Board about an RPC-organized meeting regarding a new state energy plan that addresses energy policies throughout the state.
5. Adjourn: The meeting was adjourned at 8:07 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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