NEWTON PLANNING BOARD
MINUTES OF WORK SESSION
OCTOBER 13, 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 Bill Smith; Alternates Mary Allen, Jim Holland, and Jim White; Town Engineer Mike Vignale; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
R. Hamel introduced new alternate member Jim White.
R. Hamel appointed J. Holland to stand in for R. Miller.
R. Hamel appointed M. Allen to stand in for S. Estabrook.
R. Hamel appointed J. White to stand in for F. Gabriel.
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. R. Hamel and J. Holland stepped down from the Board.
J. Doggett presented memos from the Town Engineer indicating the work that remains to be completed and the maintenance guarantee estimates for the Puzzle Lane roadway construction.
B. White moved that the Planning Board require, per the Town of Newton Subdivision and Site Plan Regulations, a deposit with the Town of Newton of a maintenance guarantee in the amount of $68,954.55 prior to the release of any performance guarantee connected to the Puzzle Lane roadway construction. Second by B. Smith. Motion carried unanimously.
J. Doggett asked for comments from Board members or the audience.
Mr. McDonough addressed the Board. Mr. McDonough stated that a bank will be contacting the Planning Board regarding a letter of credit for the maintenance guarantee. He asked if automatic call language would be included in the letter of credit.
J. Doggett responded that the automatic call language is standard language for a letter of credit. The automatic call language would be included. Cash is also an acceptable method of securing the maintenance guarantee.
Mr. McDonough left the meeting.
R. Hamel and J. Holland returned to the Board.
3. Town of Newton, NH review of proposed zoning ordinance amendments.
a. Amendment to Section X General Provisions, paragraph 4 regarding the number of motor vehicles allowed on a property proposed by the Town Code Enforcement Officer Tina Cardoso.
R. Milner read a letter from Ms. Cardoso which detailed the proposed amendment and explained that the Board of Selectmen has voted to enforce State of NH RSA 266:1. This RSA requires that vehicles be both registered and inspected. The Town of Newton Zoning Ordinance currently states that no more than one motor vehicle which is not registered or inspected may be allowed on a property unless stored in a legally permitted structure. The proposed amendment will help clear up junk yards throughout the town.
J. Rowden stated that the proposed amendment is consistent with similar regulations in neighboring towns.
J. Holland stated that the proposed amendment is a step in the right direction for all neighbors to help eliminate junk yards.
J. Doggett moved to add the proposed amendment to Section X General Provisions, paragraph 4 to the agenda for the zoning amendment public hearing. Second by J. White. Motion carried unanimously.
b. Amendment to Section XXXV Commercial Architecture, subsection III Commercial Design Standards, paragraphs 1 and 4 Signs regarding the size allowed for signs in the Commercial Zone and the Light Industrial / Commercial Zone proposed by Circuit Rider Planner Jennifer Rowden.
J. Rowden addressed the Board. Ms. Rowden stated that there was a conflict between allowed sign standards in different sections of the zoning ordinance. The proposed amendment to the commercial architecture section of the ordinance will bring that section into conformance with standards stated in the commercial and the light industrial / commercial sections.
J. Doggett moved to add the proposed amendment to Section XXXV Commercial Architecture, subsection III Commercial Design Standards, paragraphs 1 and 4 Signs to the agenda for the zoning amendment public hearing. Second by J. Holland. Motion carried unanimously.
c. Discussion of future proposed amendments to Section XIII Accessory Apartments proposed by Selectman James Doggett.
J. Doggett presented to the Board a copy of accessory apartment language used in the Town of Plaistow Zoning Ordinance. Mr. Doggett stated that there were some aspects of the Plaistow language that may be useful in the Town of Newton Zoning Ordinance, especially:
i. The first occupant of an in-law apartment must be a family member.
ii. A new certificate of occupancy shall be issued each time there is a change in tenancy.
The Board came to a consensus without objection that changes to the accessory apartment section of the zoning ordinance need more review and should not be added to this year’s agenda for zoning amendments.
4. Town of Newton, NH review of updating and funding sources for Master Plan and Capital Improvements Plan.
J. Rowden presented cost estimates for Master Plan and Capital Improvement Plan (CIP) updates to the Board. The vision and land use chapters of the master plan have not been updated since 2007 or 2008. The cost to update these chapters would be approximately $12,000.00 to $15,000.00. The CIP expired in 2014. This is a budgetary document that schedules all anticipated major town expenses for a period of six years. The cost estimate for updating the entire CIP document would be approximately $3,500.00 to $4,000.00.
R. Milner suggested that the Planning Board focus on completing the CIP first and approach updating master plan chapters next year. Based on potential available funds, this would be the most cost effective way of making substantial progress more quickly.
M. Allen agreed with the approach suggested by R. Milner.
On the suggestion of J. Doggett, the Board came to a unanimous consensus without objection to have the planner prepare a more detailed proposal for preparation of the CIP.
5. Other Board business.
a. Acceptance of minutes.
J. Holland moved to accept the minutes of the September 22 meeting. Second by J. Doggett. Motion carried unanimously.
b. Manifests.
R. Hamel presented an operating budget manifest to the Board. The invoices reflected payment of phone bill, legal services, and travel expenses.
B. White moved to pay the operating budget manifest in the amount of $1560.60. Second by J. Doggett. Motion carried 6-0-1 with R. Hamel abstaining.
R. Hamel presented a NPREA manifest to the Board. The invoices reflected payment to the Town Engineer for site visits and plan reviews.
J. Doggett moved to pay the NPREA manifest in the amount of $1,286.00. Second by B. White. Motion carried unanimously.
c. Correspondence.
R. Milner informed the Board that a letter was received by the Planning Board office requesting that the Planning Board not use the services of the current Town Counsel for certain projects that may come before the Board.
J. Doggett moved to reaffirm the Planning Board’s full faith and confidence in its Counsel, Sumner Kalman. Second by B. White. Motion carried unanimously.
6. Adjourn: The meeting was adjourned at 8:34 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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