NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
JULY 28, 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 and Sandra Estabrook; Alternate Mary Allen; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
Hamel appointed Allen to stand in for Miller.
2. Robert Hayes of Newton, NH requests a public hearing for a conditional use permit (accessory apartment) at 3 Audrey Lane. The property is referenced as Tax Map 10, Block 2, Lot 9-30.
Todd Fitzgerald was present to represent the applicant. Mr. Fitzgerald presented to the Board floor plans, proposed building structure drawings, and a lot plan for a proposed addition to the home at 3 Audrey Lane to be used as an accessory apartment. Mr. Fitzgerald stated that he believed the application met all the requirements of the zoning ordinance including parking, setbacks, septic system, and square footage of the accessory apartment (576 sq. ft.).
Rowden stated that the applicant has largely met the requirements of the zoning ordinance. However, there is a proposed new entrance to be built within the mud room extension portion of the proposed addition which faces the front. The zoning ordinance states that new entrances shall be located on the side or rear of the building. The Planning Board must make a determination if the proposed new front entrance conforms to the zoning ordinance.
Milner presented a letter from the Chief Building Official Ron LeMere stating an opinion that the proposed new front entrance within the mud room portion of the proposed addition would be in violation of the zoning ordinance.
Mr. Fitzgerald suggested removing the proposed new front entrance and replacing it with a window.
Hamel asked for clarification on the square footage of the existing home. His review of the tax card indicated a smaller square footage than indicated on the applicant’s plan.
Mr. Fitzgerald replied that an engineer visited the property and indicated on a plot plan that the existing home currently has 2000 sq. ft. of living space. There is finished living space not indicated on the tax card.
Doggett stated that, according to the plans, the second means of egress is onto a screened porch.
Mr. Fitzgerald stated that the screened porch will be replaced by a deck.
Hamel stated that the square footage of the mud room should be added to the square footage calculation of the accessory apartment.
Estabrook asked for clarification of the proposed use of the upper level with window of the proposed accessory apartment.
Mr. Fitzgerald stated that feature is no longer part of the plan.
White suggested that the applicant make revisions to the plans and drawings that represent the actual construction and features of the proposed addition at a future meeting.
Allen moved to continue the public hearing to the August 11, 2015 meeting. Second by White. Motion carried unanimously.
3. 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 member was present. George Chadwick of Bedford Design Consultants was present to represent the applicant.
Mr. Chadwick presented the following updates to the Board:
a. Circuit Rider Planner comments have been completely addressed.
b. Town Engineer comments have been addressed. Some minor issues remain.
c. NHDES alteration of terrain, wetlands crossings, and restoration plan approvals have been obtained.
d. Volumes indicating the total amount of excavated material and amount of excavated material removed from the site have been recalculated. The revised figures have been added to the plan set.
Mr. Chadwick requested that the Planning Board consider allowing the applicant to remove excavated material from the piles located on the site and replace it with clean fill acceptable to the Town of Newton during the restoration process. The purpose for removing the material is to provide the Country Pond Fish and Game Club with the financial means to pay for restoration. If the excavated material is allowed to be removed from the site, CPF&G intends to use the excavation contractor, John Galloway, as the restoration contractor.
Doggett stated that the note attached to excavated material pile #6 along the railroad tracks indicated that the material would be used for restoration and only the surplus would be removed from the site. This note contradicts the applicant’s current statement to the Board. The notes attached to the piles need to be revised to indicate the actual intention of the applicant. Doggett further stated that, if removal of material and fill replacement is allowed, an inspector would need to observe all material removed and fill brought on site to verify what material is removed from the site and guarantee the quality and cleanliness of the fill.
Allen stated that she had a problem with removing material from the site and bringing in new material.
Doggett stated that there is no reason to bring in fill if the appropriate amount of material is present on the site to restore the site.
Mr. Chadwick stated that the fill proposed to be brought into the site may be more beneficial to the site than the material currently on the site.
Doggett suggested that the Planning Board should obtain an opinion from the Town Engineer if the quality of the material on site is adequate for restoring the site.
White suggested that the Planning Board obtain a calculation from the Town Engineer as to how much of the excavated material still on site is needed to restore the site and how much of the material will be left over after the restoration is complete.
Hamel suggested that the Planning Board obtain information from the applicant about how much material they intend to remove from the site using specific figures attached to specific material piles and how much material will be remaining if this material is allowed to be removed.
Estabrook suggested that the note for excavated material pile #6 be revised to more accurately describe the different type of material in the pile besides processed stone.
Mr. Chadwick provided the following additional updates:
a. Soil and water testing as requested by the Conservation Commission has been performed.
b. Most of the previous comments of the Planning Board have been addressed. Restoration plan page has been added to the plan set. Abutter authorization letter is still outstanding.
Doggett suggested that a note be added to the recorded pages of the plan that indicates the abutting property owner’s approval of the restoration plan.
White suggested that the abutter’s letter of consent for the restoration project should be received and reviewed by the Planning Board prior to any approvals being granted.
Milner presented the restoration performance guarantee estimate for this project to the Board.
Doggett moved to continue the public hearing to the August 11, 2015 meeting. Second by Estabrook. Motion carried unanimously.
4. 125 Development NH Corp request to review performance guarantees connected to Puzzle Lane roadway construction and Puzzle Lane subdivision site work.
Coleman McDonough, President of 125 Development NH Corp, was present. Hamel stepped down from the Board.
Doggett presented a letter from Mr. McDonough to the Board requesting reduction of performance guarantee letters of credit. Doggett presented a memo from the Town Engineer indicating the status of the construction completed or not completed to date for various projects within the Southern New Hampshire Industrial Park commercial subdivision connected to performance guarantee letters of credit.
White moved that, due to the Town Engineer’s indication that the improvements connected to the performance guarantee letters of credit have been completed as required or the Planning Board’s determination that the performance guarantee is no longer required, the Planning Board releases Lowell Five Cent Savings Bank and 125 Development NH Corp from the obligations detailed in the following performance guarantee letters of credit only:
a. Lot 27-3 Phase II landscaping and planting - $6,840.00
b. Grading and roadway improvements for Puzzle Lane cul-de-sac and access roadway to Lots 27-3 and 27-4 - $63,862.80
c. Lot 27-3 Phase II site work - $29,412.00
d. Lot 27-3 Phase I site work - $28,044.00
e. Lot 27-4 Phase I, Bld. #1 - $12,944.00
f. Lot 27-4 Excavation and Reclamation - $79,136.00
g. Lot 27-4 Phase I, Bld. #2 - $28,614.00
Second by Allen. Motion carried unanimously.
Doggett stated that the terms of the following performance guarantee letters of credit remain in effect:
a. Lot 27-3 Phase II landscaping and planting future restoration - $6,840.00
b. Lot 27-4 Phase II site work - $132,080.40
c. Puzzle Lane roadway and roadway extension construction - $110,615.00.
Doggett asked if there were any further comments on this matter from anyone present at the meeting. No comments were made.
Doggett stated that the automatic call date for the Puzzle Lane roadway construction performance guarantee letter of credit was near and would occur before the next Planning Board meeting.
Hamel returned to the Board.
5. Other Board business.
a. Acceptance of minutes.
Doggett moved to accept the minutes of the July 14 meeting. Second by White. Motion carried unanimously.
b. Manifests.
Hamel presented an operating budget manifest to the Board. The invoice reflected payment of phone bill.
Doggett moved to pay the operating budget manifest in the amount of $12.83. Second by Allen. Motion carried unanimously.
Hamel presented a NPREA manifest to the Board. The invoice reflected payment to RPC for plan review.
Doggett moved to pay the NPREA manifest in the amount of $116.00 Second by White. Motion carried unanimously.
6. Adjourn: The meeting was adjourned at 8:39 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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