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May 10, 2016 Planning Board Minutes
Newton Planning Board
P.O. Box 344
Newton, NH 03858

May 10, 2016
Public Meeting Minutes

Call to Order:  Chairman Barbara White called the meeting to order at 7:00 PM.  In attendance were:  Barbara White, Jim Doggett, Roger Hamel, Jim White, Charles Melvin, Jennifer Rowden, RPC

The meeting began with a salute to the flag.


  • Application for Home Based Business, Joseph and Helen DiLena, 5 Birch      Road:  B. White had a few questions for the applicant.  Will there be any employees?  One – self; Any business vehicles? No, personal vehicle only.  Mr. DiLena explained that he continues to operate a printing business that his grandfather started in 1930 in Massachusetts.  Mr. DiLena  stated this would be more of a hobby business in that the printing business is not what it used to be.  Mr. DiLena stated that he uses digital equipment; and there is no toxic waste.  B. White asked about traffic.  Mr. DiLena stated he expects a paper delivery twice per week and possibly a UPS pick up every night.  Mr. DiLena said that the area in the basement is approximately 2,200 sq. ft.  The business would be set up in part of the basement.  R. Hamel asked if customers would be coming to the house?  Mr. DiLena said probably not.  B. White asked what portion of the house would be used for the business.  Mr. DiLena said he understands town ordinance is 25% of the space. B. White asked if there were abutters present.  Dan and Diane Heer were present.  The Heer’s requested a complete list of all chemicals being used.  C. Melvin made a motion to continue the public hearing in order for Mr. DiLena to complete application.  J. White seconded the motion to gather more information.  B. White asked Mr. DiLena to complete the application.  C. Melvin rescinded his motion, J. White rescinded his second.  B. White called to recess this portion of the public hearing in order for Mr. DiLena to complete the application.  
Application for Minor Site Plan Review, Chester E. Bearce, 4 Merrimac Road:  Mr. Bearce came before the PB to request approval of building a barn over 1,200 sq. ft.  Mr. Bearce stated the proposed structure is 1,512 sq. ft. Jennifer Rowden, RPC, stated a site plan review is not necessary.  Approval of an accessory structure over 1,200 sq. ft. is necessary.   J. Doggett made a motion to approve the construction of an oversized barn.  J. White seconded the motion.  Motion carries 4-1, C. Melvin opposed.  

Non-binding Consultation, Berton Lombard, 9 Steep Hill Drive:  Mr. Lombard appeared before the PB to discuss a Cease and Desist order he received.  Mr. Lombard asked the PB to explain to him why he received the Cease and Desist order when Site Plan Regulations are for commercial use.  He stated this is his house, it is not commercial property.  J. Doggett explained that the Board of Selectmen (BOS) had received complaints about wetlands and that fifty plus trucks of solid fill had been brought in.  Complaints included storm water run-off and one wet cellar.  The Cease and Desist order was generated because of concerns raised by citizens.  C. Melvin said he was concerned about the soil that was brought in.  He suggested a soil test be performed.  J. Rowden stated she thought this was outside of PB jurisdiction and should go before Code Enforcement.  Mr. Lombard was told that the PB was not the channel he should go through.  He must go through Code Enforcement.  J. Doggett made a motion that a memo go to the Board of Selectmen saying the reason stated in the Cease and Desist Order is not a PB issue, it is a Code Enforcement issue.  C. Melvin seconded the motion.  All in favor  
B. White recommended Mr. Lombard contact the Town Administrator and ask for a joint meeting between the BOS and Code Enforcement at their earliest convenience.

Application for Home Based Business (resumed)  Public hearing continued for Application for Home Based Business at 5 Birch Road.  B. White read Mr. DiLena’s completed application.  B. White asked for abutter comments.  Ms. Heer said she was not against the home business, but she is concerned about what chemicals will be used.  Mr. DiLena stated there are no oil based products used.  B. White closed the public comment section.  J. Doggett made a motion to approve the Home Based Business application at 5 Birch Road with the following conditions:  Business not to exceed 25% of home floor space; permit limited to current applicant; and trash to be picked up by private company.  Waste cannot go to Transfer Station.  C. Melvin seconded the motion.  All in favor.

  • Other Board Business and Correspondence
  • Acceptance of minutes from April 26, 2016.  J. Doggett made a motion to accept the April 26, 2016, meeting minutes.  C. Melvin seconded the motion.  Correction:  Add J. Holland under list of attendees.  All in favor.
  • Manifests:  B. White presented a NPREA Budget manifest to the Board in the amount of $247.67. J. Doggett made a motion to pay the NPREA manifest in the amount of $247.67.  J. White seconded the motion.  Motion carries unanimously.  
The PB received an application from Annie Collyer to be appointed an alternate PB member. J. Doggett made a motion to appoint Annie Collyer as an Alternate PB member with an expiration date of April 1, 2017.  R. Hamel seconded the motion.  C. Melvin stated he had some concerns and thought the PB should wait before appointing Ms. Collyer.  J. Doggett withdrew his motion.  R. Hamel withdrew his second of the motion.  B. White suggested the PB request a Letter of Intent explaining why she wanted to be an Alternate member on the PB.  The PB Administrative Assistant will contact Ms. Collyer.
  • Jennifer Rowden, RPC, spoke about changes to the Accessory Apartment Ordinance and the MS-4, Federal Storm Water permit final language.  J. Rowden stated a draft CIP letter has been prepared.

6. Adjourn:  At 8:12 PM, J. Doggett made a motion to adjourn the Planning Board Meeting.  C. Melvin seconded the motion.  All in favor.



Respectfully submitted,



Gail M. LeBlanc
Administrative Assistant