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September 22, 2015 Planning Board Minutes
NEWTON PLANNING BOARD
MINUTES OF WORK SESSION
SEPTEMBER 22, 2015

1. Call to Order: Chairman Roger Hamel called the meeting to order at 7:05 pm. In attendance were: Chairman Roger Hamel; Vice Chairman Jim Doggett; Planning Board members Barbara White, Sandra Estabrook, and Bill Smith. Circuit Rider Planner Jennifer Rowden was excused. Minutes were transcribed by Administrative Assistant Rick Milner.

2. 125 Development NH Corp request to review performance guarantee connected to Puzzle Lane roadway construction.

Coleman McDonough, President of 125 Development NH Corp, was present. Hamel stepped down from the Board.

Doggett presented a letter from the Town Engineer indicating the work that remains to be completed for the Puzzle Lane roadway construction.

Mr. McDonough addressed the Board. Mr. McDonough requested that the Planning Board reduce the amount of the performance guarantee connected to the Puzzle Lane roadway construction based on the amount of work completed to date.

Milner stated that the Town of Newton Subdivision and Site Plan Regulations require the establishment of a maintenance guarantee prior to any release of the performance guarantee for a town road.

Mr. McDonough stated that the normal process for reducing a bond is for the Town Engineer to prepare an estimate of the value of the work completed based on the original schedule of values for the project’s bond estimate and present a reduction amount to the Board. Any maintenance guarantee should have been included in the original bond estimate.

Milner stated that the process indicated by Mr. McDonough is not the normal process for town roads. For town roads, the subdivision and site plan regulations establish a process in which the maintenance guarantee is determined using the current costs of all improvements and must be in place prior to any release of the performance guarantee.

Doggett stated that a maintenance guarantee has been retained for many road projects within the Town of Newton in the past. The value of the maintenance guarantee is determined by the overall current improvement costs for a completed project. The Board needs to have the Town Engineer evaluate the improvement costs and prepare a maintenance guarantee estimate.

Mr. McDonough requested that the Board take a vote regarding a bond reduction.

Estabrook stated that Mr. McDonough has requested a reduction in the performance guarantee, but has not submitted any information for the Board to review. Since there are no figures before the Board for review, the Board cannot take any action regarding a bond reduction at this time.

Doggett agreed that the Board cannot take any action regarding a reduction at this time due to the lack of information presented to the Board. In addition, the Board must follow the proper process to establish a maintenance guarantee before any release of the performance guarantee.

Mr. McDonough left the meeting.
Hamel returned to the Board.

3. Other Board business.
a. Review of Newton professional review escrow accounts (NPREA).
Milner presented the following completed projects, their NPREA account balances, and proposed disposition of the remaining funds to the Board:
i.      Hayes accessory apartment       $96.80          Transfer
ii.     Nault accessory apartment       $110.79         Refund
iii.    Victory Fuel amended plan       $328.84         Refund
iv.     Marden Meadows Phase III        $4,552.71               Refund
        subdivision
v.      Chase Road subdivision  $4,718.26               Refund
vi.     Lot 27-3 Phase II       $644.25         Transfer
vii.    Lot 27-4 Excavation             $1,000.00               Transfer
viii.Lot 27-4 Phase I                   $1,000.00               Transfer
ix.     Lot 27-4 BLD #2                 $230.73         Transfer
x.      Sarah’s Way extension         $500.00         Refund
        original developer
Milner asked the Board to close the accounts and approve the disposition of the funds as presented.

Doggett moved that the Planning Board authorizes the closure of the NPREA accounts presented and approves the indicated disposition of the remaining balances. Second by White. Motion carried unanimously.

Doggett moved that the Planning Board authorize the Chairman or Vice Chairman to sign the NPREA refund manifest connected to the account closures. Second by White. Motion carried unanimously.

b. Acceptance of minutes.
Doggett moved to accept the minutes of the August 25 meeting. Second by White. Motion carried unanimously.

c. Manifests.
Hamel presented an operating budget manifest to the Board. The invoice reflected payment of telephone bill.
White moved to pay the operating budget manifest in the amount of $59.82. Second by Estabrook. Motion carried unanimously.

d. Correspondence.
Doggett announced that the Board of Selectmen is conducting sexual harassment and anti-bullying training on multiple dates in October. The Selectmen are encouraging all elected officials to attend one of the training sessions.

Milner informed the Board that the Board has received plans detailing the Town of Newton’s project for Country Pond Road culvert improvements.

Milner informed the Board that the Planning Board office has been made aware by members of the public that the Capital Improvements Plan (CIP) document on the town website is outdated.

Doggett moved that the Capital Improvements Program document be removed from the town website completely. Second by Smith. Motion carried unanimously.

Smith stated that it was important to keep information on the town website current and updated.

Hamel noted that both the Master Plan and the Capital Improvements Plan are in need of updates.

White moved that the Planning Board authorize the Circuit Rider Planner to search for ways to obtain targeted block grant funds to assist with costs associated with the creation of updated CIP and Master Plan documents. Second by Doggett. Motion carried unanimously.

Milner noted that the Planning Board may have operating budget funds remaining at the end of the year that may be encumbered to pay for creation of CIP and Master Plan documents.

White moved that the Planning Board authorize the Planning Board office and the Circuit Rider Planner to search for ways to use possibly available encumbered funds to assist with costs associated with the creation of updated CIP and Master Plan documents. Second by Smith. Motion carried unanimously.

4. Non-public session per RSA 91-A:3.II.c and e regarding Planning Board procedures.

Doggett moved to enter non-public session under RSA 91-A:3, II. c and e at                                 
8:41 pm. Second by Smith. Board polled.
Estabrook – yes; White – yes; Doggett – yes; Smith – yes; Hamel – yes.

The Board came out of non-public session at 9:24 pm. The cable representatives were released earlier due to the extended time taken for the non-public session.

Doggett moved that the minutes of the non-public session will remain confidential until in the opinion of the majority of the members the circumstances no longer apply. Second by White. Motion carried unanimously.

5. Other Board business.
a. Review of available Planning Board alternate member positions.
Hamel presented four letters of interest for the two available alternate member positions. Hamel asked the Board to vote for two applicants by paper ballot to fill the open positions. A paper ballot was taken by the Planning Board members.
The results of the paper ballot are as follows:
Ralph Fellows   2 votes
Charles Melvin, Sr.     2 votes
Jim White               3 votes
Robert Zalenski 3 votes

Doggett moved that the Planning Board appoint Robert Zalenski as an alternate member of the Planning Board for a term to expire on Election Day 2018. Second by Smith. Motion carried unanimously.

Doggett moved that the Planning Board appoint Jim White as an alternate member of the Planning Board for a term to expire on Election Day 2017. Second by Estabrook. Motion carried 4-0-1 with White abstaining.

Doggett left the meeting.

b. Board of Selectmen’s meeting.
Hamel informed the Board that the Board of Selectmen has invited the Planning Board to a joint meeting with other boards to discuss processes and communication between boards. Hamel stated that he had a personal conflict and could not attend the meeting. Hamel suggested that the Board present a letter at the meeting explaining Planning Board processes.

White moved that the Planning Board authorize the Chairman to create a letter for the Selectmen’s meeting and authorize the Administrative Assistant attendance at the meeting to present the letter to the Selectmen. Second by Smith. Motion carried unanimously.

6. Adjourn: The meeting was adjourned at 9:36 pm.

Respectfully Submitted,



Rick Milner
Administrative Assistant
Newton Planning Board