NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
DECEMBER 9, 2014
1. Call to Order: Vice Chairman Jim Doggett called the meeting to order at 7:05 pm. In attendance were: Vice Chairman Jim Doggett; Planning Board members Roger Hamel, Sandra Estabrook, and Fred Gabriel; Alternates Mary Allen and Bill Smith; and Circuit Rider Planner Glenn Greenwood. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Allen to stand in for White.
Doggett appointed Smith to stand in for Blanchette.
2. Town of Newton, NH requests a public hearing to review proposed amendments to the Town of Newton Zoning Ordinance for inclusion on the Town Warrant.
Doggett opened the public hearing.
Doggett presented the changes to the language of the Aquifer-Watershed Protection Ordinance and the Personal Wireless Facilities Ordinance and the proposed language for the ballot questions. The entire text of the changes will be included on the 2015 Town Warrant and available for review by the public at Newton Town Hall.
Amend 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.
Estabrook moved to place the amendment to Section XXVIII Aquifer-Watershed Protection Ordinance as presented on the 2015 Town Warrant and Town Ballot and recommend acceptance. Second by Gabriel. Motion carried unanimously.
Amend Section XXXVII Personal Wireless Service Facilities. The revisions bring the language of the Town of Newton Zoning Ordinance into compliance with recent changes to federal and state laws regarding modifications to existing cell towers and co-location of cell tower facilities on an existing building or structure.
Hamel moved to place the amendment to Section XXXVII Personal Wireless Service Facilities as presented on the 2015 Town Warrant and Town Ballot and recommend acceptance. Second by Allen. Motion carried unanimously.
Doggett closed the public hearing.
3. P & J Realty Trust (c/o Leo LaRochelle) in Newton, NH requests a public hearing for a minor site plan review (amended site plan for diesel fuel storage) at 191 South Main Street. The property is referenced as Tax Map 14, Block 1, Lot 26.
Doggett opened the public hearing.
Leo LaRochelle of Victory Fuel and George Fredette of SFC Engineering Partnership were present.
Mr. Fredette addressed the Board. Mr. Fredette stated that the intention of the application was to amend a previously approved site plan for the Victory Fuel business by adding one 4,000 gallon diesel fuel tank and two 330 gallon diesel fuel tanks within a 20 foot by 27 foot by 3 foot concrete containment area with associated piping and dispensing. Mr. Fredette noted the following items:
a. NHDES and State Fire Marshal Approvals have been granted.
b. An area of 4,000 square feet will be disturbed (2% of the total lot area).
c. A Zoning Board of Adjustment variance allowing diesel fuel storage use within the Aquifer Protection District has been granted.
Estabrook asked for clarification regarding the way that the fuel will be dispensed.
Mr. LaRochelle stated a small size pump certified by the State of NH will dispense fuel to Victory Fuel’s vehicles only.
Hamel asked if the drainage plan presented would adequately address the needs of both containment areas on the property.
Mr. Fredette explained how the drainage plan would satisfy the requirements for both storage containment areas.
Hamel moved that the Planning Board take jurisdiction of the application for an amended site plan at 191 South Main Street. Second by Allen. Motion carried unanimously.
Doggett presented a request from the applicant to waive the High Intensity Soil Survey requirement of Section 7.1.4.K of the Town of Newton Site Plan Regulations.
Allen moved that the Planning Board grant a waiver to the Town of Newton Site Plan Regulation 7.1.4.K. Second by Miller. Motion carried unanimously.
Miller moved that the Planning Board approve the amended site plan application for the addition of diesel fuel storage tanks at 191 South Main Street (Tax Map 14, Block 1, Lot 26). Second by Hamel. Motion carried unanimously.
Doggett closed the public hearing.
4. Lewis Builders Development, Inc. in Atkinson, NH request for reduction of performance guarantees connected to the Sargent Woods condominium community project. The property is referenced as Tax Map 13, Block 3, Lot 11.
Joshua Manning of Lewis Builders Development, Inc. was present.
Hamel stepped down from the Board.
Mr. Manning stated that the work associated with the Sargent Woods Phases 1-4 roadway performance guarantees was 100% complete. Work associated with Phase 5 and 6 was partially complete. He presented two memos from the Town Engineer which confirmed his statement and recommended a total reduction in the performance guarantee in the amount of $161,382.00.
Allen moved that the Planning Board recommend that the Board of Selectmen grant a reduction for the performance guarantee connected to the Sargent Woods project in the amount of $161,382.00 per the details provided in the Town Engineer’s memos dated November 14, 2014. Second by Miller. Motion carried unanimously.
Estabrook moved that the Planning Board send a memo to the Board of Selectmen providing the details of the recommended performance guarantee reduction. Second by Allen. Motion carried unanimously.
5. 125 Development NH Corp. in Plaistow, NH request for extension of conditional approval for Lot 27-4 Phase II construction site plan 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 was present to represent the applicant.
Mr. Valhouli stated that the conditional approval issued by the Planning Board for the Lot 27-4 Phase II project on July 8, 2014 was due to expire on January 8, 2015. There were still outstanding conditions (such as the issuance of the alteration of terrain permit for the site) that have not been completed. Mr. Valhouli requested that the Planning Board grant an extension of the conditional approval.
Miller moved that the Planning Board extend the conditional approval for the Lot 27-4 Phase II construction site plan at the Southern New Hampshire Industrial Park commercial subdivision located on Puzzle Lane to January 8, 2016. Second by Smith. Motion carried unanimously.
6. Other Board business.
a. Review of NPREA accounts.
Milner suggested that, since the Sargent Woods Phases 1-4 project has been completed, the Board consider closing the NPREA account for that project. Milner further suggested transferring the funds to the Sargent Woods Phases 5 & 6 project.
Doggett and Estabrook suggested that the funds should be refunded to the developer.
Estabrook moved that the Planning Board close the NPREA account connected to the Sargent Woods Phases 1-4 project and release the remaining funds to the applicant. Second by Miller. Motion carried 4-2 with Smith and Gabriel opposed.
Milner suggested that, since the Higgins lot line adjustment and the Sutton minor site plan applications are complete, the Board consider closing the NPREA accounts for those projects.
Miller moved that the Planning Board close the NPREA accounts connected to the Higgins lot line adjustment and the Sutton minor site plan applications and release the remaining funds to the applicants. Second by Gabriel. Motion carried unanimously.
b. Acceptance of minutes.
Allen moved to accept the minutes of the November 18 meeting. Second by Gabriel.
Discussion of the motion – Hamel noted a typographical error indicating the length of the proposed road for the Lot 27-3 subdivision plan using ‘square feet.’ He suggested replacing ‘square feet’ with ‘feet.’
Motion carried unanimously as amended.
c. Manifests.
Doggett presented a NPREA manifest to the Board. The invoices reflected payment for legal ads and site plan reviews.
Miller moved to pay the NPREA manifest in the amount of $1,271.05. Second by Allen. Motion carried unanimously.
Doggett presented an operating budget manifest to the Board. The invoices reflected payment for legal ads, office supplies, and phone bill.
Miller moved to pay the operating budget manifest in the amount of $690.62. Second by Allen. Motion carried unanimously.
d. Review of Administrative Assistant performance evaluation.
Doggett moved to enter non-public session under RSA 91-A:3, II (a) at 7:47 pm. Second by Estabrook. Board polled.
Gabriel – yes; Estabrook – yes; Miller – yes; Hamel – yes; Doggett – yes; Allen – yes; Smith – yes.
The Board came out of non-public session at 8:05 pm. Doggett stated that the minutes of the non-public session will remain confidential until in the opinion of the majority of the members the circumstances no longer apply.
Hamel moved that the Planning Board adopt the Chairman’s performance evaluation recommendation for the Planning Board Administrative Assistant and forward the recommendation to the Board of Selectmen. Second by Gabriel. Motion carried 6-1 with Estabrook opposed.
7. Adjourn: The meeting was adjourned at 8:17 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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