NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
MAY 12, 2015
1. Call to Order: Chairman Roger Hamel called the meeting to order at 7:00 pm. In attendance were: Chairman Roger Hamel; Vice Chairman Jim Doggett; Planning Board members Barbara White, Sandra Estabrook, and Bill Smith; Alternate Jim Holland; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
Hamel appointed Holland to stand in for Miller.
2. Country Pond Fish and Game Club in Newton, NH requests a public hearing for issuance of an excavation permit and approval of associated excavation plans. The property is referenced as Tax Map 5, Block 5, Lots 12, 12-1, and 13.
Several Country Pond Fish and Game Club (CPF&G) Board members were present. George Chadwick of Bedford Design Consultants was present to represent the applicant. Smith stepped down from the Board.
Mr. Chadwick stated that the applicant was requesting an excavation permit for excavation that has already occurred. The project was originally conceived as a forestry management plan. Contractor John Galloway was hired to implement the plan. Mr. Chadwick stated the following:
a. Two wetlands crossings were approved by the State of NH for the contractor’s work.
b. Three wetlands crossings were installed by the contractor.
c. A large road was built to access to two areas on the property with the intention of levelling out the areas and planting trees.
d. The Town of Newton discovered that gravel was being trucked off the site. The Town of Newton determined that a gravel removal operation was occurring and told CPF&G to stop the gravel removal operation.
e. CPF&G hired consultants to do the necessary work to obtain required state and local permits for the activities occurring on the site.
Mr. Chadwick presented the excavation plan set to the Board. Mr. Chadwick noted that:
a. Existing conditions page shows site as it currently exists with large piles of earth, loam, and crushed stone scattered throughout the site.
b. In Area 1, excavation has been completed. The intent going forward is to level the area for tree plantings.
c. In Area 2, the intent is to remove more material by digging into existing platform, then level the area.
d. NHDES wetlands permit is needed for third wetlands crossing built.
e. The project’s activities encroached upon the 50 foot buffer in three locations.
f. Trees were cut on the property of an abutter.
g. Excavation prohibited by the zoning ordinance occurred in the Residential Zone.
Rowden explained the comments in her review letter to the applicant and the Board.
Milner presented the Town Engineer’s review letter to the applicant and the Board.
Milner stated that the excavation plan should be amended to address the review letters and any requirements by State of NH permitting agencies. Also, a storm water management plan noted in the review letters should be submitted to the Board.
Hamel asked for abutter comments.
John Johnson addressed the Board. Mr. Johnson stated that noise problems associated with CPF&G activities have increased over the years due to an inadequate buffer. An adequate buffer needs to be added to his side of the CPF&G property to stop the reverberating noise of shooting activities.
Estabrook asked if there was a plan which showed where the trees for the forestry management plan would be located.
Mr. Chadwick submitted a copy of the forestry management plan to the Board.
Jay Pramberg addressed the Board. He stated previous intentions to perform timber cutting only on the property were not followed. Since previous plans were not followed, bonding is necessary to:
a. ensure that the current plan is followed and the trees in the forestry management plan are actually planted
b. ensure that the roadways used by trucking are protected against damage.
Doggett expressed a concern about the steep slopes in Area 2 and along railroad tracks. The slopes need to be stabilized and some sort of plantings or construction needs to be added to the top of the slopes to prevent someone from accidently accessing the steep slopes. In addition, the 50 foot undisturbed natural buffer was disturbed in violation of the zoning ordinance. The 50 foot undisturbed natural buffer needs to be re-planted and restored.
Milner suggested:
a. the applicant review both the zoning ordinance and the regulations to make sure all rules are followed by the excavation plan
b. comments from Town Engineer regarding existing conditions items missing from the plan be addressed
c. restoration performance guarantee and construction oversight may be included as conditions of approval
Comments submitted to the Board by Ronald Pica were read for the record. Mr. Pica stated:
a. The Planning Board should not allow the contractor to sift excavated material on the CPF&G site.
b. The project should meet state requirements for wetland crossings and alteration of terrain.
c. Once completed, the project should meet the requirements for the regulation height above the seasonal high water table.
Doggett moved that the Planning Board send a notice to the Zoning Board of Adjustment indicating that the excavation plan submitted by Country Pond Fish and Game Club requires a variance to Town of Newton Zoning Ordinance Section X General Provisions, subsection 6 – “No commercial excavation shall be permitted in any residential zone.” Second by White. Motion carried unanimously.
Doggett moved to continue the public hearing to the June 23, 2015 meeting. Second by White. Motion carried unanimously.
3. Other Board business.
a. Review of Lot 27-3 Phase II conditional approval.
Smith returned to the Board.
Hamel and Holland stepped down from the Board.
Coleman McDonough, President of 125 Development NH Corp, the applicant, was present. Attorney Christos Valhouli was present to represent the applicant.
Mr. Valhouli stated that to the best of his knowledge the conditions required for the final approval and recording of the Lot 27-3 Phase II amended site plan had been met. He requested the Planning Board’s signature on the mylar pages for recording and the certificate of occupancy for the site.
Milner confirmed that the conditions for the Planning Board’s signature on the Lot 27-3 Phase II amended site plan and Lot 27-3 Phase II certificate of occupancy had been met.
Estabrook moved that the Planning Board finds that the conditions of the conditional approval for the Lot 27-3 Phase II amended site plan have been satisfied and authorizes the Chairman or Vice Chairman to sign the mylar pages for recording. Second by White. Motion carried unanimously.
White moved that once the mylar pages for the Lot 27-3 Phase II amended site plan have been recorded at the County Registry the Planning Board authorizes the Chairman or Vice Chairman to sign the occupancy certificate for the Lot 27-3 Phase II site. Second by Smith. Motion carried unanimously.
Hamel and Holland returned to the Board.
b. Acceptance of minutes.
Doggett moved to accept the minutes of the April 28 meeting. Second by White. Motion carried unanimously.
c. Manifests.
Hamel presented a NPREA manifest to the Board. The invoices reflected payment for legal advertisement and plan review by the RPC.
Doggett moved to pay the NPREA manifest in the amount of $429.88. Second by Holland. Motion carried unanimously.
d. Correspondence.
Hamel discussed improving communications with the Zoning Board of Adjustment (ZBA) to facilitate plan review processes.
The Board came to a consensus without objection to have the Chairman contact the ZBA to arrange a joint meeting between the two boards to discuss improving communications.
4. Adjourn: The meeting was adjourned at 9:18 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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