NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
DECEMBER 22, 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, Sandra Estabrook, and Bill Smith; Alternate Jim White; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
R. Hamel appointed J. White to stand in for R. Miller.
2. Town of Newton, NH requests a public hearing to review proposed amendment to the Town of Newton Zoning Ordinance for inclusion on the 2016 Town Warrant.
R. Hamel opened the public hearing.
John Kelleher was present.
R. Hamel presented the following proposed amendment to the Town of Newton Zoning Ordinance as submitted by a citizens’ petition.
On a petition of 25 or more legal voters of the Town of Newton, to see if the Town will vote to Amend section IX General Provisions 4 with changes in BOLD as follows:
No occupant or owner of land shall have or shall cause to have on their property or permit more than one (1) two (2) motor vehicle(s) which is not registered or inspected,
Change from 1 (one) motor vehicle to 2 (two) vehicles
Effective immediately.
If approved, this appropriation will NOT change or effect any town budgets of the town.
Mr. Kelleher addressed the Board. Mr. Kelleher stated that he created the proposed amendment to allow residents and garages to have more than one vehicle on their property to fix for personal use or sell.
R. Hamel stated that the proper procedures have been followed for submittal of the citizens’ petition. The proposed amendment will appear on the Town Warrant.
J. Doggett moved that the Planning Board recommend acceptance of the amendment to Section X General Provisions, paragraph 4 as submitted by citizens’ petition. Second by B. Smith. Motion failed 3-3 with S. Estabrook, B. White, and Hamel opposed.
3. Town of Newton, NH continuation of a public hearing to review proposed amendment to the Town of Newton Zoning Ordinance for inclusion on the 2016 Town Warrant.
R. Hamel presented the following proposed amendment to the Town of Newton Zoning Ordinance.
Amend Section X - General Provisions, Paragraph 4. The changes are in BOLD and struck out as follows:
4. No occupant or owner of land shall have or shall cause to have on their property or permit more than one (1) motor vehicle which is not registered or and inspected, unless such vehicle is stored in a legally permitted structure, is stored in a manner consistent with an approved site plan, or is stored in a manner consistent with a legal, non-conforming use.~ Per RSA 266:1, any vehicle registered shall be inspected not later than 10 days after the registration or transfer of ownership of said vehicle. This shall include vehicles or appurtenances no longer intended for legal use on the highways, or used parts or materials from which, taken together, include in bulk one or more vehicles.~ Violations of this ordinance shall be subject to fines and penalties as outlined in RSA 676:17.~
Mr. Kelleher asked the Board what was the purpose of the proposed amendment.
J. Doggett explained that there were too many junk vehicles on many properties throughout the Town of Newton. The proposed amendment would help to control the proliferation of junk vehicles.
J. Doggett moved to place the amendment to Section X General Provisions, paragraph 4 on the 2016 Town Warrant. Second by B. White. Motion carried unanimously.
J. Doggett moved that the Planning Board recommend acceptance of the amendment to Section X General Provisions, paragraph 4. Second by B. White. Motion carried unanimously.
R. Hamel closed the public hearing.
4. 125 Development NH Corp of Plaistow, NH request to review performance guarantee connected to Puzzle Lane roadway construction.
R. Hamel stepped down from the Board.
Coleman McDonough was present.
J. Doggett presented the letter outlining the process for establishing a maintenance guarantee in proper form prior to releasing the performance guarantee connected to the Puzzle Lane roadway.
J. Doggett asked for the status of completion for the various items connected to the Puzzle Lane roadway construction required by Town of Newton regulations.
R. Milner stated that the maintenance guarantee had not been received in a final approved form by the Planning Board. The deed for the proposed public roadway had not been received by the Planning Board. The as built plans for the roadway had not been received by the Planning Board. The NPREA account needed to be replenished.
Mr. McDonough addressed the Board. He stated:
a. He would replenish the NPREA account.
b. A deed had been prepared and will be forwarded to the Planning Board.
c. The maintenance guarantee had been forwarded to the Planning Board and is still waiting for approval. The maintenance guarantee has nothing to do with the acceptance of the roadway. The performance guarantee should be released without further delay.
J. Doggett explained the proper process for the performance guarantee release as outlined in the previous correspondence sent to 125 Development NH Corp and its financial institution. Since
a. for roads to be accepted by the Town of Newton, the performance guarantee will not be released until a maintenance guarantee is in place and,
b. the developer and the bank have chosen to use a letter of credit as the means for securing the maintenance guarantee and,
c. Town of Newton regulations require that the maintenance guarantee be in place for two years after the date of acceptance of the road,
then, the roadway must be conditionally accepted in order to establish an expiration date for the maintenance guarantee letter of credit prior to the release of the performance guarantee.
Mr. McDonough requested that the Board take a vote to release the performance guarantee connected to the Puzzle Lane roadway.
J. Doggett asked if any Board member wished to make a motion to release the performance guarantee connected to the Puzzle Lane roadway.
No Planning Board member made a motion.
5. 125 Development NH Corp of Plaistow, NH request to review site occupancy certificate connected to Lot 27-4, Phase II, Building #1 site.
Chief Building Official Ron LeMere addressed the Board. He stated that there is an outstanding issue connected to the approval for operation of the septic system for Lot 27-4 Phase II, Building #1 site. The system has not been inspected by the State of NH. Mr. LeMere recommended that the Planning Board not sign the certificate of occupancy for the site until all inspections have been completed and all signatures (except the final Chief Building Official signature) have been placed on the certificate of occupancy.
J. Doggett presented the Town Engineer review letter indicating site work items not yet completed and a recommended performance guarantee estimate for the Lot 27-4 Phase II, Building #1 site.
J. Doggett suggested that the Planning Board allow the posting of a performance guarantee instead of requiring the site work to be completed.
B. White moved that the Planning Board authorize the Chairman or Vice Chairman to sign the certificate of occupancy for the Lot 27-4 Phase II, Building #1 site only after
a. all inspections have been completed
b. all other signatures (except the final Chief Building Official signature) have been affixed
c. performance guarantee has been deposited with the Town of Newton.
Second by S. Estabrook. Motion carried unanimously.
6. 125 Development NH Corp of Plaistow, NH request to review business occupancy certificates.
Chief Building Official Ron LeMere presented the following businesses seeking occupancy within the Southern New Hampshire Industrial Park. Mr. LeMere stated that he was presenting the information to the Planning Board in an effort to include all departments as a part of the business occupancy process and ensure that a specific use is an approved use according to the regulations and ordinances of the Town of Newton.
a. E & F Environmental Services, LLC.
Business that performs interior and exterior demolition and asbestos and lead abatement. Mr. LeMere stated that there will be no exterior storage on the site and no interior storage of remediated material on-site. Susan Pappalardo of E & F Environmental stated that no contaminated material would come back to the Lot 27-4 site. The business activity would be limited to office work and storage of supplies.
B. White moved that the Planning Board approves the business activity as proposed by E & F Environmental Services. Second by S. Estabrook. Motion carried unanimously.
b. LaBelle Waste Systems.
Business that rents trash dumpsters. Mr. LeMere stated that dumpsters are currently being stored on Lot 27-3 without any town approvals. Town approval by means of a full site plan review is necessary. He recommended that the Planning Board not accept this business at the present time. J. Rowden agreed that the business activity is not permitted because there is no approved site plan.
J. Doggett stated that the business should not exist on the site.
c. Live Free Recovery Consultants
Business that performs addiction recovery coaching and consulting in an office type environment.
B. White moved that the Planning Board approves the business activity as proposed by Live Free Recovery Consultants. Second by S. Estabrook. Motion carried unanimously.
d. The Newton Group.
Business that buys and sells boats and cars. Mr. LeMere stated that the site would be used for the warehousing of boats and cars. J. Doggett asked if storage would occur both inside and outside the building. Mr. LeMere stated that no exterior storage has been approved for the site.
S. Estabrook moved that the Planning Board approves the business activity as proposed by The Newton Group. Second by J. White. Motion carried unanimously.
e. Racetek Automotive, Inc.
Business that performs automotive service and repairs.
Mr. LeMere stated that parking is limited to the approved parking at the front of the building only. J. Doggett noted that there is no approved parking or exterior storage approved in back of the building. R. Milner stated the approved site plan does not include any exterior storage areas for vehicles.
S. Estabrook moved that the Planning Board approves the business activity as proposed by Racetek Automotive. Second by J. White. Motion carried unanimously.
R. Hamel returned to the Board.
7. Other Board business.
a. 2016 Planning Board proposed operating budget review.
R. Hamel stated that the Board of Selectmen did not accept the proposed operating budget previously prepared by the Planning Board. He suggested that the Board amend the proposed budget. The Board discussed several changes to various line items in the operating budget.
B. White moved that the Planning Board recommend to the Board of Selectmen a 2016 operating budget funded at $50,612.00. Second by J. Doggett. Motion carried unanimously.
b. 2016 Planning Board meeting schedule review.
R. Hamel stated that the State of NH national primary election in February and State of NH primary elections in September conflict with scheduled Planning Board meetings.
J. Doggett moved that the Planning Board cancel its scheduled meetings on February 9, 2016 and September 13, 2016 due to conflicts with state and national primary elections. Second by B. White. Motion carried unanimously.
c. Acceptance of minutes.
J. Doggett moved to accept the minutes of the December 8 meeting. Second by B. White. Motion carried unanimously as amended.
d. Manifests.
R. Hamel presented a NPREA manifest to the Board. The invoices reflected payment to the Town Engineer for site visits and Town Counsel for document review.
J. Doggett moved to pay the NPREA manifest in the amount of $3,740.45. Second by S. Estabrook. Motion carried unanimously.
R. Hamel presented an operating budget manifest to the Board. The invoices reflected payment for legal consultation and telephone bill,.
J. Doggett moved to pay the operating budget manifest in the amount of $189.28. Second by B. White. Motion carried unanimously.
6. Adjourn: The meeting was adjourned at 9:15 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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