NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
JUNE 23, 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 continuation of 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.
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 presented the following updates to the Board:
a. The area of previous excavation project was added to the plan to indicate all areas of disturbed land.
b. Any indication of additional future excavation has been removed from the plan.
c. The plan indicates that the land on the site will be restored to a minimum of six feet above the seasonal high water table to comply with regulations.
d. The plan identifies the area in square footage and volume in cubic yards of all piles of material on the property.
e. Country Pond Fish and Game is still negotiating with abutter on acceptable restoration of area of abutter’s property which was encroached upon by the excavation project.
f. A page has been added to the plan detailing how all areas of the 50 foot undisturbed natural buffer and the abutter’s property (both encroached upon by the excavation project) will be restored and replanted.
g. The plan indicates NHDES requirements to move material away from the wetlands areas.
h. The applicant requests to remove piles of processed stone near Excavation Area 2 and adjacent to railroad tracks and import clean fill acceptable to the Town of Newton. This is necessary as a means to provide payment to the excavation contractor for excavation worked performed.
i. The applicant has met with the Conservation Commission to discuss the excavation plan. The Conservation Commission has required soil testing of the site due to material observed on the site.
j. Planner review letter comments will be addressed on next version of the plan set.
k. Town Engineer review letter comment regarding large slope along east side of the site which has a grade that does not meet regulations will be addressed in the next version of the plan set.
l. Town Engineer review letter comment regarding the verification (using supporting documentation) of the total volume of excavation prior to the submittal of the excavation permit application will be addressed in future plan set submittal. Mr. Chadwick further stated that the note indicating 3,850 to 4,000 cubic yards of material removed from the site is the correct number. This number was calculated by presuming a flat surface prior to excavation from all four sides of the excavation areas. The presumption of a flat surface was derived from discussions with members of Country Pond Fish and Game and the excavation contractor.
Milner stated that a figure of 26,700 cubic yards of removed material was indicated by the applicant in the NHDES AoT permit application for the excavation project (as mentioned in the Town Engineer’s review letter). Since the two figures for the amount of removed material are so far apart, Milner agrees with the Town Engineer’s comment that better supporting documentation representing the amount of material present on the site prior to excavation, not word of mouth representations, is needed.
Mr. Chadwick requested that the application for issuance of an excavation permit be accepted for jurisdiction by the Planning Board.
Rowden stated that the plan is largely complete and acceptance for jurisdiction is reasonable. However, there are outstanding issues such as the volume of removed material calculation and the abutter’s authorization letter which must be addressed.
Hamel stated that the completion of outstanding issues may extend beyond the time limit mandated by state law for a Planning Board decision on an accepted application. The Board may be put in a position of denying the application or requesting an extension from the applicant.
Mr. Chadwick stated that, if the Board accepted the excavation plan for jurisdiction, the applicant would agree to an extension in the future, if necessary.
Hamel asked for abutter comments.
Charles Pantinas addressed the Board. Mr. Pantinas stated his concern that proper soil testing be done to ensure that wells in the area have not been contaminated by any activities on the Country Pond Fish and Game site.
Doggett moved that the Planning Board take jurisdiction of the application for issuance of an excavation permit and approval of associated excavation plans for the property referenced as Tax Map 5, Block 5, Lots 12, 12-1, and 13. Second by White. Motion carried unanimously.
Doggett expressed his concerns regarding the steep and unsafe grade of the large pile on the east side of the site noted in the Town Engineer’s review letter. The grade needs to be changed to comply with regulations. Also, the materials contained within the pile need to be clearly described on the plan set.
Milner suggested that the applicant add a page to the plan set showing the site conditions with post-restoration elevations, plantings, wetlands, crossings, etc. after the restoration is complete and current conditions that will no longer exist removed from the page.
Milner suggested that the Board discuss the waiver requests submitted by the applicant. The applicant has indicated that it is withdrawing two of the waiver requests. Two other waiver requests may not be necessary due to the applicant’s stated intention to conduct no further excavation activities.
Rowden stated that, due to the applicant’s stated intention to conduct no further excavation activities, the waiver requests are not necessary.
Holland moved that the two requests to waive the requirements of the Town of Newton Excavation Regulations Section IX.A.1 and Section IX.A.8 are no longer necessary due to the applicant’s stated intention to conduct no further excavation activities. Second by Doggett. Motion carried unanimously.
Mr. Chadwick stated for the record that the applicant officially withdraws all of its waiver requests previously submitted for the excavation permit application.
White suggested that the Board discuss construction oversight of the project and the NPREA fund connected to the project.
Doggett moved that a $2,000.00 deposit be made to the NPREA account connected to the Country Pond Fish and Game Excavation and Restoration project and that future deposits will be made when the balance for the NPREA account drops below $1,000.00 to bring the account back to a $2,000.00 balance. Second by White. Motion carried unanimously.
Doggett moved that the Planning Board require construction oversight of the Country Pond Fish and Game Excavation and Restoration project. Second by Holland. Motion carried unanimously.
Doggett moved to continue the public hearing to the July 28, 2015 meeting. Second by Estabrook. Motion carried unanimously.
Smith returned to the Board.
3. Other Board business.
a. Mapping.
Rowden presented the revised Aquifer Protection District mapping connected to the zoning ordinance amendments passed in March and prepared by the RPC.
Rowden released at 8:30 pm.
b. Acceptance of minutes.
Doggett moved to accept the minutes of the May 26 meeting. Second by Smith.
Discussion of motion – White requested that a comment be added to the record that both the Town Engineer and the Circuit Rider Planner recommended granting the waiver regarding the storm water management plan for the Chase Road subdivision discussed in the May 26 minutes.
Motion carried unanimously.
c. Manifests.
Hamel presented a NPREA manifest to the Board. The invoices reflected payment for legal advertisement, plan review by the RPC, and construction observation by the Town Engineer.
Doggett moved to pay the NPREA manifest in the amount of $319.08. Second by White. Motion carried unanimously.
Hamel presented an operating budget manifest to the Board. The invoices reflected payment of phone bill, post office box annual fee, and copier maintenance agreement.
White moved to pay the operating budget manifest in the amount of $597.90. Second by Doggett. Motion carried unanimously.
d. Correspondence.
The Board discussed scheduling options for joint meeting with the Zoning Board of Adjustment regarding procedures and communications.
4. Adjourn: The meeting was adjourned at 8:46 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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