NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING
NOVEMBER 18, 2014
1. Call to Order: Chairman Barbara White called the meeting to order at 7:00 pm. In attendance were: Chairman Barbara White; Planning Board members Roger Hamel, Sandra Estabrook, and Robert Miller; Alternates Jim Holland and Bill Smith; and Circuit Rider Planner Theresa Walker. Minutes were transcribed by Administrative Assistant Rick Milner.
White appointed Holland to stand in for Blanchette.
White appointed Smith to stand in for Gabriel.
2. William and Victoria Higgins and Andrew and Deborah Bobola, all of Newton, NH, request a public hearing for a lot line adjustment for properties located at 7 and 11 Williamine Drive. The properties are referenced as Tax Map 7, Block 3, Lot 40 and Tax Map 7, Block 3, Lot 41.
White opened the public hearing. William Higgins, Victoria Higgins, Andrew Bobola, and Deborah Bobola were all present.
Victoria Higgins addressed the Board. Ms. Higgins stated that the owners of the two properties needed a lot line adjustment because a shed belonging to the Higgins’ was too close to the lot line and did not conform to the zoning ordinance setback requirements.
Milner asked if the smaller portable shed noted on the plan as ‘to be removed‘ had actually been removed.
Ms. Higgins stated that the smaller portable shed had been removed.
Hamel stated that the depiction of the smaller portable shed should also be removed from the final recorded version of the plan.
Miller moved that the Planning Board take jurisdiction of the application for a lot line adjustment for properties located at 7 and 11 Williamine Drive. Second by Hamel.
Discussion of the motion – Estabrook stated that the monumentation for the two lots should be indicated on the final recorded version of the plan.
Motion carried unanimously.
Holland moved that the Planning Board grant conditional approval of the application for a lot line adjustment for properties located at 7 and 11 Williamine Drive subject to the following conditions:
a. The small portable shed that has been removed from the property is removed from the final version of the plan submitted for recording.
b. The final version of the plan submitted for recording shows the monumentation of the lots.
Second by Miller. Motion carried unanimously.
White closed the public hearing.
3. Todd Fitzgerald of Newton, NH, on behalf of William and Kelly Lightizer of Newton, NH, requests a public hearing to obtain a conditional use permit for an accessory apartment at 7 Pond Street. The property is referenced as Tax Map 10, Block 2, Lot 16.
White opened the public hearing. Todd Fitzgerald was present to represent the applicants.
Mr. Fitzgerald presented to the Board plans which depicted the intention to raze the current home on the property and build a new home in the same location on the lot. The garage attached by a breezeway to the home with the currently existing accessory apartment above the garage would remain in place. Mr. Fitzgerald stated the property owners’ intention to legitimize the existing accessory apartment.
Mr. Fitzgerald addressed the circuit rider planner’s review letter which stated that the size of the accessory apartment exceeded the maximum square footage allowed by the zoning ordinance. Mr. Fitzgerald stated that if the gross floor area square footage of the breezeway, garage, and other areas were added to the square footage of the home, then the accessory apartment size would conform to the zoning ordinance.
Milner read the gross floor area definition from the zoning ordinance which stated that the square footage from accessory areas such as garages, etc. must be excluded from the calculation to determine if the size of the accessory apartment conforms to the zoning ordinance. Only the 1440 square feet indicated for the proposed new home could be included in the calculation. Therefore, the existing 560 square foot accessory apartment did not conform to the zoning ordinance.
Holland moved that the Planning Board take jurisdiction of the application to obtain a conditional use permit for an accessory apartment at 7 Pond Street. Second by Miller. Motion carried 5-0-1 with Estabrook abstaining.
Hamel moved that the Planning Board deny the application to obtain a conditional use permit for an accessory apartment at 7 Pond Street on the basis that the size of the accessory apartment does not conform to the Town of Newton Zoning Ordinance Section XIII, Paragraph 11 – Accessory Apartments, Maximum Size. Second by Estabrook. Motion carried unanimously.
Miller moved that the Planning Board hold the application to obtain a conditional use permit for an accessory apartment at 7 Pond Street in abeyance for a period of six (6) months. Second by Holland. Motion carried unanimously.
4. 125 Development NH Corp of Plaistow, NH requests a public hearing for a two (2) lot subdivision and associated road 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.
White opened the public hearing. Scott Frankiewicz of Brown Engineering and Surveying, LLC was present to represent the applicant. Hamel and Holland stepped down from the Board.
Mr. Frankiewicz stated that the intention of the application was to gain approval for a subdivision of Lot 27-3 within the Southern New Hampshire Industrial Park commercial subdivision. A 31.35 acre lot will be subdivided off the larger approximately 166 acre lot. The newly created lot will be accessed by constructing a road within an existing 49.98 foot right-of-way off of Route 108. The applicant has previously submitted a site plan for construction of a baseball field complex within the area of the proposed new lot.
Mr. Frankiewicz read into the record the following statement from 125 Development NH Corp regarding the proposed road:
“As the owner of 125 Development Corp of NH, and applicant for the 2nd phase roadway 27-3 submittal, it is my intention that the road becomes a town-accepted public road and that said roadway shall be built in compliance with the Town of Newton road design standards. Thank you, Coleman P McDonough, 125 Development Corp of NH”
Mr. Frankiewicz stated that the length of the proposed road is approximately 1400 square feet to the center of the cul-de-sac at the end of the road. He also presented four potential waiver requests to the Board.
Mr. Frankiewicz stated that the applicant is aware that the application requires variances to the zoning ordinance prior to approval. As noted in the circuit rider planner’s review letter, the locations of certain structures (primarily proposed roadway) lie within the 200 foot structural setback. The applicant is seeking a Planning Board denial in order to apply to the Zoning Board of Adjustment (ZBA) for the required variances.
White asked for abutter comments.
Steve Becht addressed the Board. Mr. Becht asked for clarification regarding the Town of Newton cul-de-sac road length regulations.
Walker explained that the regulations state a maximum length of 1000 feet for roads ending with a cul-de-sac.
Miller moved that the Planning Board take jurisdiction of the application for a two (2) lot subdivision and associated road construction at the Southern New Hampshire Industrial Park commercial subdivision (Tax Map 14, Block 1, Lot 27-3). Second by Smith. Motion carried unanimously.
Miller moved that the Planning Board deny the application for a two (2) lot subdivision and associated road construction at the Southern New Hampshire Industrial Park commercial subdivision (Tax Map 14, Block 1, Lot 27-3) on the basis that the locations of certain structures (primarily proposed roadway), as defined by the Town of Newton Zoning Ordinance Definitions
Section, within the required structural setbacks do not conform to the Town of Newton Zoning Ordinance Section XXV, Paragraph 1 – Light Industrial/Commercial Zone Area Regulations, Location on Lot. Second by Smith. Motion carried unanimously.
White noted that the Lot 27-3 baseball complex site plan also requires the same variance to the structural setbacks as the subdivision plan. Since the Planning Board cannot take jurisdiction of the baseball complex site plan until the subdivision application is approved, White suggested it would be more expedient to add the variance requirement for the baseball complex site plan to the subdivision notice of decision. In that way, the applicant could apply to the ZBA for both variances at the same time and expedite the process.
Miller moved that the Planning Board include in the Lot 27-3 subdivision denial notice of decision the additional need for a variance to zoning ordinance Section XXV, sub section 1 for the Lot 27-3 baseball complex site plan application on the basis that the locations of certain structures (access road, parking lot, and storm water control structures) are within the structural setback. Second by Estabrook. Motion carried unanimously.
Miller moved that the Planning Board hold the application for a two (2) lot subdivision and associated road construction at the Southern New Hampshire Industrial Park commercial subdivision (Tax Map 14, Block 1, Lot 27-3) in abeyance for a period of six (6) months. Second by Smith. Motion carried unanimously.
Miller moved that the Planning Board hold the application for a site plan review (site plan for Lot 27-3 baseball complex construction) at the Southern New Hampshire Industrial Park commercial subdivision (Tax Map 14, Block 1, Lot 27-3) in abeyance for a period of six (6) months. Second by Smith. Motion carried unanimously.
White suggested that, due to the extended delay before the Board meets again to deliberate the Lot 27-3 subdivision and baseball complex plans, the abutters be given notice when the next meeting will occur.
Miller moved that the abutters of the Lot 27-3 subdivision and baseball complex plans be given notice by regular mail of the next scheduled meeting for discussion of the plans at the cost of the applicant. Second by Estabrook. Motion carried unanimously.
5. Other Board business.
a. Review of Lot 27-3 Phase II site inspection report.
White presented to the Board a site inspection report for the Lot 27-3 Phase II new building construction prepared by the Town Engineer. The report details site construction changes not in conformance with the approved site plan. White also presented the opinion of the circuit rider planner that these construction changes were not in conformance with the approved site plan, necessitating the submittal of an amended site plan.
Miller moved that the Planning Board Chairman be authorized to sign a certificate of occupancy for the Lot 27-3 Phase II new building construction only after:
a. the approval of an amended site plan for the Lot 27-3 Phase II project
b. the Planning Board’s conditions for approval previously stated at the October 28, 2014 meeting have been met.
Second by Estabrook. Motion carried unanimously.
Hamel and Holland returned to the Board.
b. Acceptance of minutes.
Hamel moved to accept the minutes of the October 28 meeting.
Discussion of the motion – Hamel suggested adding the following language after ‘recommendation’ in the correspondence section of the October 28 minutes:
‘by the Chief Building Official’
Second by Holland. Motion carried unanimously as amended.
c. Manifests.
White presented an operating budget manifest to the Board. The invoices reflected payment of phone, legal, advertising, and travel bills.
Hamel moved to pay the operating budget manifest in the amount of $401.27. Second by Miller. Motion carried unanimously.
White presented a NPREA manifest to the Board. The invoices reflected payment of legal ad, abutter notices, Town Engineer review services, and Circuit Rider Planner review services.
Holland moved to pay the NPREA manifest in the amount of $2,508.55. Second by Hamel. Motion carried unanimously.
6. Adjourn: The meeting was adjourned at 8:10 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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