NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
MARCH 25, 2014
1. Call to Order: Administrative Assistant Rick Milner called the meeting to order at 7:03 pm. In attendance were: Chairman Barbara White; Vice Chairman Jim Doggett; Planning Board members Frank Gibbs and Robert Miller; Alternates Roger Hamel, Jim Holland, and Sandra Estabrook. Circuit Rider Planner Jennifer Rowden was excused from the meeting. Minutes were transcribed by Administrative Assistant Rick Milner.
2. Town of Newton, NH Planning Board officer elections and alternate member appointments.
Doggett moved to elect Barbara White as Chairman of the Planning Board for a one year term. Second by Miller.
No other nominations for Chairman were presented.
Motion carried 2-0-2 with White and Gibbs abstaining.
White appointed Estabrook to stand in for Blanchette.
White appointed Holland to stand in for Gabriel.
Holland moved to elect James Doggett as Vice Chairman of the Planning Board for a one year term. Second by Miller.
No other nominations for Vice Chairman were presented.
Motion carried 4-0-2 with Doggett and Gibbs abstaining.
White presented correspondence to the Board requesting that Mary Allen be re-appointed as an alternate member of the Planning Board.
White moved to appoint Mary Allen as an alternate member of the Planning Board for a three year term. Second by Miller. Motion carried 5-0-1 with Doggett abstaining.
Doggett presented a letter to the Board indicating his resignation as a Planning Board member due to his election as a member of the Board of Selectmen. The letter further indicated that the Board of Selectmen voted that Doggett would be the ex-officio member of the Planning Board for a three year term. Doggett would remain on the Planning Board in the position of ex-officio.
Holland moved to accept the resignation of James Doggett as a member of the Planning Board. Second by Miller. Motion carried 5-0-1 with Doggett abstaining.
White informed the Board that Doggett’s resignation created an open member position on the Planning Board.
Holland moved to appoint Roger Hamel as a member of the Planning Board for a term to expire on the date of the March 2015 Town Election. Second by Gibbs. Motion carried unanimously.
3. Patricia Bateman of Nottingham, NH continuation of a public hearing for a minor site plan review at 19 South Main Street. The property is referenced as Tax Map 11, Block 5, Lot 19.
Patricia Bateman was not present at the meeting.
White presented correspondence from the applicant stating that the applicant was withdrawing the minor site plan application for 19 South Main Street.
Gibbs asked if this means that all the trailers can stay on the site.
White stated any issues regarding the site needed to be addressed with the Code Enforcement department. The issues connected to this property are no longer a Planning Board matter.
Steve Suraci of 2 Wallace Street addressed the Board. He stated that he has a list of several issues regarding the South Main Street property that he considered violations.
Doggett stated that the list of issues should be submitted to the Board of Selectmen to be addressed by the Code Enforcement department.
Miller moved to close the public hearing for a minor site plan review at 19 South Main Street. Second by Doggett. Motion carried unanimously.
4. Other Board business.
a. Review of Sargent Woods expansion project performance guarantee.
Holland stepped down from the Board.
White presented performance guarantee estimates for the remainder of Phase 4 and Phase 5A of the Sargent Woods expansion project.
Joshua Manning of Lewis Builders Development addressed the Board.
Mr. Manning stated that, after reviewing the figures presented by the Town Engineer in the performance guarantee estimates, Lewis Builders requests the Planning Board’s permission to proceed with a construction process previously approved by the Board. In order to save on the initial cost of posting a large performance guarantee, Lewis Builders would like to build the binder coat stage of the roads, leaving only the top coat stage remaining. No foundation or building permits will be issued for a particular section of the project until bonding was secured for the final top coat portion of the roadway.
Milner asked if Lewis Builders had a construction plan for how the expansion project would proceed.
Mr. Manning stated that initial construction of roadways will include Balsam Way from its current location out to Smith Corner Road, Lilac Way, and Juniper Lane.
Doggett moved that the Planning Board permit Lewis Builders to construct roadways in the Sargent Woods expansion project to the binder coat stage without the prior posting of a performance guarantee with the condition that no foundation or building permits for a particular section of the project will be issued until a performance guarantee has been deposited with the Town of Newton for the final top coat stage of the roadway in that section. Only the four units on Lilac Way are considered part of the original Sargent Woods project and may have building permits issued at this time. Second by Gibbs. Motion carried unanimously.
Holland returned to the Board.
b. Review of the conditional use permit for a home based business (firearms dealer) at 11 Kenwood Drive for Richard Thomas.
Richard Thomas addressed the Board. Mr. Thomas presented the federal firearms license issued by the ATF for his business. Mr. Thomas explained to the Board that all transactions must occur at his home per federal regulations. There have been three transactions for the business in the past two years.
Doggett moved that the Planning Board issue final approval for the conditional use permit for a home based business (firearms dealer) at 11 Kenwood Drive for Richard Thomas. Second by Miller.
Discussion of the motion – Estabrook asked about the hours of operation for the business. Thomas responded that the hours of operation were limited by the ATF license.
Motion carried unanimously.
c. Correspondence.
White informed the Board that the annual OEP Planning and Zoning Conference is scheduled for May 3, 2014 in Whitefield, NH.
d. Non-public session per RSA 91-A:3, II (c).
White announced that the Board would enter non-public session.
Gibbs requested that he be allowed to read a letter in public session prior to the non-public session. Gibbs read the letter to the Board. (Contents of letter attached to the end of these minutes.) At the end of the letter, Gibbs announced his resignation as a Newton Planning Board member effective immediately.
Doggett requested that Gibbs reconsider and withdraw his resignation.
Gibbs declined to withdraw his resignation. Gibbs left the meeting.
Doggett moved to accept the resignation of Frank Gibbs as a member of the Planning Board with regret. Second by Miller.
Discussion of the motion – White stated that Gibbs was a valuable member of the Planning Board and wished that Gibbs did not resign. White also requested that the letter by Gibbs be attached to the end of the minutes. The Board came to a consensus without objection to attach the letter to the end of the minutes.
Motion carried 4-1 with Estabrook opposed.
White suggested that the Board send Gibbs a letter thanking him for his service on the Planning Board. The Board came to a consensus without objection to send Gibbs a letter thanking him for his service on the Planning Board.
Doggett moved to enter non-public session under RSA 91-A:3, II (c) at 7:45 pm. Second by Miller. Board polled.
Holland – yes; Miller – yes; Doggett – yes; White – yes; Estabrook – yes.
The Board came out of non-public session at 8:27 pm.
Holland stepped down from the Board.
Doggett moved that the Planning Board reviewed the complaint regarding Planning Board member Frank Gibbs and found neither fact nor merit to the allegations. Second by White. Motion carried unanimously.
Doggett moved that the Planning Board authorizes the Chairman and the Vice Chairman to act as the sole communication agents for all Planning Board dealings with 125 Development NH Corp and its agents regarding 125 Development NH Corp present and future projects before the Planning Board. Second by Miller. Motion carried unanimously.
Holland returned to the Board.
e. Acceptance of minutes.
Doggett moved to accept the minutes of the February 25 meeting. Second by Holland. Motion carried unanimously.
f. Manifests.
White presented an operating budget manifest to the Board. The invoices reflected payment of telephone bill, legal bill, office equipment purchase, and RPC annual dues.
Doggett moved to pay the operating budget manifest in the amount of $4,769.91. Second by Miller. Motion carried unanimously.
White presented a NPREA manifest to the Board. The invoices reflected payment for Sargent Woods plan review by the Town Engineer, Sargent Woods legal document review by Town Counsel, and legal ad for public hearing.
Doggett moved to pay the NPREA manifest in the amount of $1,301.63.
Second by Miller. Motion carried unanimously.
5. Adjourn: The meeting was adjourned at 8:34 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
87 Smith Corner Road
Newton, NH 03858
March 25, 2014
Town of Newton Planning Board
2 Town Hall Road
Newton, NH 03858
Dear Madam Chair and Board Members:
I have been on the Planning Board for 10 plus years serving the Town of Newton. My intent has always been for the benefit of the town people and not for personal gain. The town’s best interests have always been my foremost priority.
False accusations have been made against me regarding a “conflict of interest” and my voting for or against issues that would benefit me and/or my business. This has NEVER been the case and the Board is well aware of this fact.
Many discussions at the Planning Board Meeting are not entered into the Meeting Minutes. I believe any discussions held at these meetings are required to be in the Minutes of the Meeting. There was a major issue at a previous Planning Board Meeting and this issue is not noted in the Meeting Minutes. A lawsuit may occur from that meeting and the Planning Board Secretary did not feel it was relevant to include this issue in the Minutes of the Meeting. A Newton Police Officer was called to the meeting because of this heated discussion and this is not in the Minutes either. It’s as if this never happened, although it was on cable TV for all residents to see.
I have been a law abiding citizen of Newton all my life. My integrity and my business is at stake. I do not feel the need to tarnish my reputation or my business’ reputation by false accusations being made and the board not supporting me when these false accusations are being made.
I do not want the town to incur any legal fees to defend these blatantly false accusations. I, therefore, resign my position as a Newton Planning Board Member effective immediately.
I wish the planning Board all the best in the future.
Sincerely,
Frank Gibbs
| 
