NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
AUGUST 11, 2015
1. Call to Order: Vice Chairman Jim Doggett called the meeting to order at 7:00 pm. In attendance were: Vice Chairman Jim Doggett; Planning Board members Barbara White, Sandra Estabrook, and Bill Smith; Alternate Mary Allen; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
Doggett appointed Allen to stand in for Miller.
2. Lewis Builders Development, Inc. in Atkinson, NH request to review performance guarantees connected to the Sargent Woods condominium community project. The property is referenced as Tax Map 13, Block 3, Lot 11.
Joshua Manning of Lewis Builders Development, Inc. was present. Mr. Manning
requested a reduction to the performance guarantees connected to the Sargent Woods condominium community project in the amount of $82,566.00 based on the Town Engineer’s memo outlining work that has been completed and suggested guarantee reduction amounts.
Allen moved that the Planning Board recommend that the Board of Selectmen grant a reduction for the performance guarantee connected to the Sargent Woods project in the amount of $82,566.00 per the details provided in the Town Engineer’s memo dated July 30, 2015. 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.
Doggett announced that the applicant requested a further continuation to the next meeting to allow more time to prepare documents for the Board’s review.
White moved to continue the public hearing to the August 25, 2015 meeting. Second by Allen. Motion carried unanimously.
4. Other Board business.
a. Acceptance of minutes.
Estabrook moved to accept the minutes of the July 28 meeting. Second by White.
Discussion of motion – Allen noted that there were errors in the motion regarding the NPREA manifest. Milner stated that the errors were discovered earlier and corrected in the final draft of the minutes.
Motion carried unanimously as amended.
b. Manifests.
Doggett presented a NPREA manifest to the Board. The invoice reflected payment of legal ads.
White moved to pay the NPREA manifest in the amount of $118.27. Second by Allen. Motion carried unanimously.
Doggett presented an operating budget to the Board. The invoices reflected payment for legal consultation, RPC annual dues, and training.
Allen moved to pay the operating budget manifest in the amount of $5,141.00 Second by White. Motion carried unanimously.
5. Steven and Helen Nault of Newton, NH request a public hearing for a conditional use permit (accessory apartment) at 5 Gale Village Road. The property is referenced as Tax Map 9, Block 3, Lot 11-2.
Doggett opened the public hearing.
Steven Nault was present. Mr. Nault presented to the Board sketches showing floor plans and a lot plan for a proposed addition to the home at 5 Gale Village Road to be used as an accessory apartment. The accessory apartment will total 672 square feet within the proposed new addition. Mr. Nault stated that he has obtained State of NH septic system approval for his proposal.
Rowden stated that the application meets regulations regarding square footage. She asked the applicant for confirmation that there will be shared utilities and one driveway will be maintained on the property.
Mr. Nault confirmed that there will be shared utilities and one driveway will be maintained on the property.
Milner stated that the sketches presented to the Board will be replaced by professional building plans when the new addition is submitted to the Building Department for permitting. He suggested that the Board attach a condition to its approval requiring confirmation that the official building plans match the sketches presented to the Planning Board.
Smith moved that the Planning Board take jurisdiction of the application for a conditional use permit (accessory apartment) at 5 Gale Village Road (Tax Map 9, Block 3, Lot 11-2). Second by White. Motion carried unanimously.
Smith moved that the Planning Board conditionally approve the application for a conditional use permit (accessory apartment) at 5 Gale Village Road (Tax Map 9, Block 3, Lot 11-2) per the following condition:
a. the professionally engineered plans presented to the Building Department must conform to the sketches presented to the Planning Board.
Second by White. Motion carried unanimously.
Doggett closed the public hearing.
6. Robert Hayes of Newton, NH continuation of 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 revised floor plans, revised 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.
Doggett stated that the plan revisions were being presented to the Board for the first time at the meeting. The Board did not have the opportunity to review the revised plans prior to the meeting. He asked if any Board members objected to reviewing the revised plans without having the opportunity to review prior to the meeting. The Board came to a unanimous consensus without objection to allow review of the revised plans.
Mr. Fitzgerald stated that the revised plans address previous concerns of the Planning Board and the Building Department.
Rowden stated that, given the proposed changes, the application fully complies with the zoning ordinance.
Allen moved that the Planning Board take jurisdiction of the application for a conditional use permit (accessory apartment) at 3 Audrey Lane (Tax Map 10, Block 2, Lot 9-30). Second by Smith. Motion carried unanimously.
Allen moved that the Planning Board approve the application for a conditional use permit (accessory apartment) at 3 Audrey Lane (Tax Map 10, Block 2, Lot 9-30). Second by Smith. Motion carried unanimously.
Doggett closed the public hearing.
7. Vincent Rizzo, QB2 Investments in Plaistow, NH request to review conditions for commencing development of Sarah’s Way approved 3-lot subdivision and extended roadway.
Vincent Rizzo of QB2 Investments and Dennis Quintal of Civil Construction Management, Inc. were present.
Mr. Quintal addressed the Board. Mr. Quintal stated that Mr. Rizzo has a purchase and sale agreement with and a letter of authorization from the owner of the property. Mr. Rizzo intends to purchase the property and commence development of the property in accordance with the approved subdivision plan. Mr. Rizzo is seeking guidance from the Board as to what is needed to begin development.
Doggett stated a preliminary list of conditions that must be met prior to and during construction of the Sarah’s Way 3 lot subdivision and roadway extension:
a. Deposit performance guarantee.
b. Deposit NPREA funds for construction oversight.
c. Deposits are initial deposits. Additional funds may be needed in the future.
d. Proof of ownership of the property.
e. Pre-construction meeting with the Town Engineer. Town Engineer shall be notified prior to the commencement of any construction activities. All construction activities are subject to inspection and approval by the Town Engineer.
f. Follow hours of construction noted on the plan set.
g. The copy of the approved subdivision plan on file in the Planning Board office is considered the official copy of record. All construction must conform to this version of the approved subdivision plan.
h. Any changes to or deviation from the approved subdivision plan must be approved by the Planning Board prior to the implementation and construction of the changes. This approval may require the submission of an amended site plan application or other type of application process.
i. Foundation and building permits will not be issued until the level of completed roadway construction and the amount of deposited performance guarantee funds are deemed adequate by the Planning Board at the time that the foundation and building permits are requested by the developer.
White asked if the original Sarah’s Way roadway should be bonded to protect against damage caused by trucking into the Sarah’s Way extension project.
Mr. Quintal stated that there would be limited trucking needed for this project.
Doggett presented a restoration performance guarantee estimate and an initial NPREA construction oversight estimate prepared by the Town Engineer for this project.
White moved that the Planning Board approve the performance guarantee amount of $14,970.00 for restoration of the Sarah’s Way 3 lot subdivision and roadway extension site. Second by Allen. Motion carried unanimously.
White moved that a $2,000.00 deposit be made to the NPREA account connected to the Sarah’s Way extension project and, as soon as the balance for the NPREA account drops below $1,000.00, a deposit will be made to bring the NPREA account back to a balance of $2,000.00. Second by Smith. Motion carried unanimously.
8. Other Board business.
a. Correspondence.
Milner informed the Board that the annual municipal law lecture series was scheduled for September and October.
Allen moved that the Planning Board approve payment of attendance fee and related travel expenses for the administrative assistant’s attendance at the municipal law lecture series. Second by White. Motion carried unanimously.
Milner informed the Board that the conditions connected to the conditional approval for the Kinsley Corner duplex cluster development have been met.
White moved that the Planning Board issue final approval of the Kinsley Corner duplex cluster development application and authorize the Chairman or Vice Chairman to sign the mylar page for recording at the County Registry. Second by Allen. Motion carried unanimously.
Milner informed the Board that the number of available elderly housing units has been calculated for 2015. 22 elderly housing units remain available.
9. Adjourn: The meeting was adjourned at 8:08 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
| 
