NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
AUGUST 25, 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 member Sandra Estabrook; Alternates Mary Allen and Jim Holland; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
Hamel appointed Allen to stand in for Miller.
Hamel appointed Holland to stand in for Gabriel.
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 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. A total amount of approximately 40,208 CY of excavated material has been calculated and confirmed by the Town Engineer. Note #6 on page four of the plan set will be amended to indicate this amount.
b. During discussion with the Town Engineer regarding the estimated performance guarantee amount for restoration of the site, it was noted that the total number of trees and shrubbery and the size of the trees had been reduced in the current version of the plans in comparison to earlier versions of the plans.
Mr. Chadwick explained that the reductions to the plantings were made due to:
a. the larger cost for the plantings in the earlier version of the plans
b. the actual amount of trees in the earlier version of the plans was excessive in relation to the current existing landscape and the plantings agreed to on the abutter’s property.
The larger size and amount of trees and shrubbery indicated in the earlier version of the plans are not necessary to properly restore the site.
Doggett noted that the plantings required for the abutter’s property and the CPF&G property were different. He suggested changing the heading on the plantings chart on page eight to clarify which areas of the site the chart referred.
Rowden stated that the vegetative buffer proposed in the current version of the plan set meets the intent for restoring the visual buffer required by the regulations.
Doggett stated that he approves of the compatibility of the plantings proposed for the CPF&G property.
Hamel presented the restoration performance guarantee estimate for the current version of the plan set prepared by the Town Engineer.
Doggett moved that the Planning Board approve the restoration performance guarantee estimate for the Country Pond Fish and Game site excluding the plantings in the amount of $73,684.00. Second by Holland. Motion carried unanimously.
Doggett moved that the Planning Board approve the restoration performance guarantee for the Country Pond Fish and Game site for plantings only in the amount of $28,420.00. This performance guarantee shall be held by the Town of Newton for two years after the completion of all plantings indicated on the approved plan to ensure the future restoration of any plantings that may die during the two year time period. Second by Holland. Motion carried unanimously.
Milner presented to the Board the Town Engineer’s memo previously requested by the Board regarding how much of the excavated material remaining on the site was necessary for restoration of the site. The memo stated that:
a. The processed stone in pile #2 was not required for restoration of the site.
b. The volume of the excavated material in all the remaining piles was equivalent to the volume necessary for restoration of the site.
Mr. Chadwick requested that the Planning Board approve the notes on the plan set allowing:
a. the removal of processed stone in pile #2
b. the removal of approximately 6,300 CY of excavated material from pile #6 near the railroad tracks to be replaced with clean fill from off-site acceptable to the Town of Newton.
Milner stated that the removal of the processed stone in pile #2 was acceptable. However, the removal of excavated material in pile #6 and replacement with outside fill for restoration was not desirable.
Doggett stated that he had a problem with moving excavated material off of the site and replacing it with outside fill due to the uncertainty surrounding the quality of fill brought from the outside. The CPF&G site covered an aquifer recharge area. He was concerned with mitigating any chance of outside fill contaminating the water supply. If removal and replacement of fill was allowed, then an intensive and constant inspection process would be required.
Allen asked why the applicant was requesting to remove the excavated material.
Mr. Chadwick stated that the excavated material had monetary value.
Doggett moved that the current note connected to excavated material pile #6 on page four of the plan set be changed as follows:
a. delete “Contractor to export 6,300 CY of material from the site and replace with clean fill meeting the approval of the Town of Newton.”
Second by Estabrook. Motion carried unanimously.
Milner presented to the Board the letter from the abutting property owner authorizing the plan to restore the section of the abutting property infringed upon by the CPF&G excavation activities. He requested the Board’s acceptance of the abutter’s letter.
Rowden stated that the letter presented and the past actions of the Planning Board regarding this application demonstrate that the Town of Newton has made a good faith effort to make the abutting property owner aware of the proposed restoration activities.
Doggett stated that he firmly believes that the letter meets the spirit of the Board’s request for an authorization letter.
Hamel stated concerns regarding some language in the letter.
Doggett moved that the Planning Board accepts the abutting property owner’s letter authorizing the restoration activities represented by the Country Pond Fish and Game Club excavation and restoration plan as the letter meets the spirit of the Planning Board’s request for an authorization letter from the abutting property owner. Second by Holland. Motion carried 4-1 with Hamel opposed.
Doggett suggested that pages four and eight should be recorded in order to memorialize the plantings on the abutting property and the CPF&G property.
Hamel suggested that page four indicates all necessary information and can be the sole recorded page.
Mr. Chadwick stated that there was a note on page four which referenced the other pages on file with the Planning Board. The official copy will be on file in order to reference the planting details.
Holland moved that page four of the CPF&G excavation and restoration plan set be the sole page recorded at the County Registry. Second by Allen. Motion carried 4-1 with Doggett opposed.
Doggett moved that the Planning Board conditionally approve the application for issuance of an excavation permit and approval of associated excavation and restoration plans for the Country Pond Fish and Game Club site (Tax Map 5, Block 5, Lots 12, 12-1, and 13) per the following conditions:
1. Applicant deposits restoration performance guarantee and other performance guarantee funds.
2. Applicant deposits NPREA construction/restoration oversight funds.
3. Applicant obtains all state and local permits.
4. Applicant properly files intent to excavate NHDRA form.
5. Applicant completes a pre-construction/restoration/material removal activities meeting with the Town Engineer.
6. Restoration and material removal activities may not commence without prior approval of the Planning Board/Town of Newton.
7. Restoration and material removal activities will be conducted per the direction of the Planning Board/Town Engineer/Town of Newton.
8. Restoration and material removal activities are subject to inspection by the Town of Newton. Costs associated with inspections shall be paid by the applicant.
9. Delete from the note connected to excavated material pile #6 on page four of the plan set: “Contractor to export 6,300 CY of material from the site and replace with clean fill meeting the approval of the Town of Newton.”
10. Add in front of the existing comment in note #6 on pages four and six: “The calculated volume of excavated material is approximately 40,208 CY.”
11. Change note #23 on pages four and six to read: “sheet 4 is on record”
12. Clean letters from Planner and Town Engineer.
13. Prior to recording of the mylar, approval signature of Planner and Town Engineer on final version of plan set kept as official copy in Planning Board files.
14. Excavation permit will not be issued until recording of project mylar.
15. Final mylar must have professional stamps.
16. All outstanding invoices must be paid.
Second by Allen. Motion carried unanimously.
Hamel closed the public hearing.
3. Other Board business.
a. Acceptance of minutes.
Allen moved to accept the minutes of the August 11 meeting. Second by Doggett. Motion carried unanimously.
b. Manifests.
Hamel presented a NPREA manifest to the Board. The invoices reflected payment to the Town Engineer for site visits and document preparation.
Doggett moved to pay the NPREA manifest in the amount of $3,583.44. Second by Holland. Motion carried unanimously.
Hamel presented an operating budget manifest to the Board. The invoices reflected payment for members’ attendance at training sessions.
Doggett moved to pay the operating budget manifest in the amount of $125.00. Second by Holland. Motion carried unanimously.
c. Correspondence.
Milner informed the Board that two developers approved moving NPREA funds from completed project accounts to ongoing project accounts. The Board came to a unanimous consensus without objection to review the status of all completed projects and close the NPREA accounts at the next meeting.
4. Adjourn: The meeting was adjourned at 8:07 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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