NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
MARCH 24, 2015
1. Call to Order: Administrative Assistant Rick Milner called the meeting to order at 7:00 pm. In attendance were: Chairman Barbara White; Vice Chairman Jim Doggett; Planning Board members Roger Hamel, Sandra Estabrook, Robert Miller, Fred Gabriel, and Bill Smith; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
2. Town of Newton, NH Planning Board officer elections.
White nominated Roger Hamel as Chairman of the Planning Board for a one year term. Second by Doggett.
Estabrook nominated Barbara White as Chairman of the Planning Board for a one year term. Second by Miller.
Roger Hamel elected as Chairman of the Planning Board for a one year term by a unanimous vote of the Planning Board.
White nominated James Doggett as Vice Chairman of the Planning Board for a one year term. Second by Smith.
No other nominations for Vice Chairman presented.
James Doggett elected as Vice Chairman of the Planning Board for a one year term by a unanimous vote of the Planning Board.
3. 125 Development NH Corp. in Plaistow, NH requests a public hearing for a minor site plan review (amended site plan for Lot 27-3 Phase II 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.
Hamel stepped down from the Board.
Doggett opened the public hearing.
Attorney Christos Valhouli and Scott Frankiewicz of Brown Engineering and Surveying, LLC were present to represent the applicant.
Doggett presented letters of review for Lot 27-3 Phase II amended site plan to the Board from the Town Engineer and the Conservation Commission.
Mr. Frankiewicz addressed the Board. Mr. Frankiewicz stated that the applicant was submitting an amended site plan for the Lot 27-3 Phase II project to obtain approval for changes in site construction not in conformance to the original approved site plan. Mr. Frankiewicz noted the following changes:
a. parking spaces moved in front of the building due to needs of the prospective tenant
b. loading docks added to the building and retaining wall moved
c. addition of 55,000 gallon cistern on the side of the building
d. detention pond re-graded.
Doggett asked Rowden for comment on the amended site plan. Rowden explained that, due to the lateness of a complete plan and application submittal, she was not able to perform a review prior to the meeting.
Doggett read a list of outstanding issues connected to the Lot 27-3 Phase II site.
Milner explained that the issues concern not only the completeness of the amended site plan itself; but also the completeness of the site construction associated with the plan. Due to site construction not in conformance with the approved site plan, the Planning Board issued decisions in October and November 2014, which not only required an approved amended site plan that represents the site construction changes; but also required completion of the site construction prior to Planning Board approval for occupancy of the site.
Mr. Valhouli addressed the Board. Mr. Valhouli suggested that a performance guarantee bond could be issued to ensure site work completion.
Milner stated that complete site work is an important part of safe and proper occupancy of a site. As stated in the Town Engineer’s latest review memo, there are significant portions of the site work not completed.
Mr. Valhouli stated that all other approvals, except Planning Board, have been obtained regarding the safe occupancy of the building.
Doggett stated that the property lies on top of a major aquifer. The town could be held liable if occupancy is allowed prior to site work being completed and results in the pollution of the aquifer or other areas. The Planning Board signature line is on the certificate of occupancy for a reason. Each department’s signature on the certificate of occupancy is important to certify that the department’s area of responsibility is complete.
Mr. Valhouli stated that site conditions are not affected by individuals being inside the building. The site work will be completed. There are methods other than delaying occupancy to ensure that the site work will be completed.
White stated that, if the building is allowed to be occupied prior to proper completion of the site work, trucking, deliveries and other materials could contaminate the site due to the fact that the unfinished site construction may not properly perform its drainage and filtration functions.
Miller moved to continue the public hearing to the April 14, 2015 meeting. Second by Smith. Motion carried unanimously.
4. Town of Newton, NH review 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.
Mr. Valhouli was present to represent the applicant.
Mr. Valhouli addressed the Board. Mr. Valhouli noted that the applicant had addressed some conditions of approval and some conditions of approval were still outstanding. He asked the Board for a list of conditions that still need to be completed.
Doggett presented a list of outstanding conditions to be completed and plan corrections required prior to final approval of the plan.
Hamel returned to the Board.
5. Other Board business.
a. Acceptance of minutes.
White moved to accept the minutes of the February 24 meeting. Second by Doggett. Motion carried unanimously.
Rowden released at 8:30 pm.
b. Manifests.
Hamel presented a NPREA manifest to the Board. The invoices reflected payment to the Town Engineer for site plan reviews.
Doggett moved to pay the NPREA manifest in the amount of $1,230.72. Second by White. Motion carried unanimously.
Hamel presented an operating budget manifest to the Board. The invoices reflected payment for copies and annual RPC membership dues.
Doggett moved to pay the operating budget manifest in the amount of $4,675.80. Second by White. Motion carried unanimously.
c. Correspondence.
Hamel presented a letter to the Board from Richard Milner requesting that he be re-appointed to a three year term as an alternate member of the Planning Board.
Miller moved that the Planning Board re-appoint Richard Milner to a three year term as an alternate member of the Planning Board. Second by White. Motion carried unanimously.
Hamel noted that the Planning Board had two remaining open positions for alternate members.
Miller moved that the Planning Board submit a press release to the local newspaper, town web site, and other posting places advertising the Planning Board’s open alternate member positions. Second by Smith. Motion carried unanimously.
Milner informed the Board that the Victory Fuel amended site plan had been recorded.
Milner informed the Board about an alteration of terrain application notice from NHDES for a proposed excavation project in the Town of Newton. The Planning Board office has been advised that an application for an excavation permit from the Town of Newton may be submitted to the Planning Board in the near future.
6. Adjourn: The meeting was adjourned at 8:50 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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