Newton Planning Board
technical review committee
meeting notes
november 17, 2008
November 17, 2008 Technical Review Committee Meeting Notes
Page 1 of 3
In Attendance:
Ann Miles, Planning Board Chairperson; Barbara White, Planning Board Member; David West, Circuit Rider Planner; Bill Ingalls, Fire Chief; and Nancy Wrigley, Town Administrator. Minutes were transcribed and typed by Administrative Assistant, Lisa Babcock.
Also in attendance: Tom McElroy, Chairman, Board of Appeals and Dana B. Allison, Member, Board of Appeals.
The meeting came to order at 3:30 pm.
1. Meeting with Board of Appeals and Coleman McDonough re: waiver requests concerning sprinkler systems and setbacks.
Mr. Allison stated that he did not think the Board of Appeals has the authority to waive the requirement to install a sprinkler system in the building at 2 Puzzle Lane, 14-1-27-1.
Mr. Allison quoted from RSA 674:33, I – Powers of the Zoning Board of Adjustment, which authorizes the ZBA to grant waivers for zoning ordinances. The sprinkler requirement is a Selectmen's ordinance, not a zoning ordinance. He stated that the granting of such a waiver in a previous case was an error, but no one appealed it.
White stated that the difference is that the in the previous case, the facility was for storage; Mr. McDonough's building will have people working in it.
Chief Ingalls said the town's requirement for sprinkler systems is more stringent than the state's requirement; therefore the town's requirement supersedes the state's rules.
Mr. Allison said that Mr. McDonough should bring his appeal regarding the sprinkler system to the Selectmen.
Mr. Ingalls said that he inquired at the state about this and was told that a local ordinance whether zoning or selectmen's can be waived by the Town.
Mr. McElroy asked if the sprinkler system on site now is operational, Chief Ingalls said that he believes that it is.
Miles said that going forward; the Planning Board should requests additional wells at sites like this.
Coleman McDonough arrived at 3:40 pm.
Mr. Allison informed Mr. McDonough that he would need to see the selectmen regarding the sprinkler system.
Miles said that from the Planning Board's point of view, requiring an adequate sprinkler system in buildings over 5,000 sf is in the best interest of the town. The town has a volunteer fire department and it is only becoming more congested at Puzzle Lane.
Mr. McDonough gave some history on the issue. Mr. McDonough said he forwarded copies of the sprinkler system plan to the fire chief. He said the plans were approved and he began construction. Mr. McDonough said he had the system inspected by a fire protection engineer. He did all of the revisions the fire protection engineer recommended to get in compliance with NFPA 13. Mr. McDonough said the only thing he is not in compliance with is the size of the tank, which is 5,000 gallons and there are 3 fire ponds within 200 feet of the building.
Mr. McDonough said he is asking that the system be accepted as is because he was told he could use a 5,000 gallon tank. Miles said he has to go see the selectmen about getting a waiver.
The group then addressed the setback issue. The group reviewed a list of setback ordinances from other towns. Mr. Allison said knowing the setbacks of other towns is helpful.
Mr. McElroy said the concerns of the one residential abutter, Scott Herman, would weigh heavily on their decision.
Mr. McDonough said he spoke to Mr. Herman, who said he was concerned about the lights on the building. Mr. McDonough said he would get hoods or shades for the lights.
Mr. McDonough said Mr. Herman's house is 600' from his building.
2. Jody and John Baronian – Accessory Apartment at 21 Walnut Farm Road. Mr. and Mrs. Baronian were in attendance. Mrs. Baronian said she wants to provide a kitchenette, bathroom and living room in the lower level of her home for her mother. The area has 3 egresses. The mother will use one of the 3 existing bedrooms in the home.
A permit was approved so that construction of the living room could begin. Permits have not been issued for the bathroom or kitchen area.
Miles said that the applicants would have to provide accurate square footage numbers. She was not sure if the bedroom should be included, it would have to be discussed at the hearing.
Mrs. Baronian estimated the lower level area to be 15' x 15' and 16' x 12' (which is a total of 417 sf).
Mr. Baronian explained that SEC is working on the septic design (which will be adequate for a 4 bedroom, 2 ½ bath home). DES had told them they might need a 250 gal tank for a pump up system for the lower level bath and kitchen. He was not sure if this would be required or not.
Wrigley told them to contact Bob Leverone, the town's Heath Inspector. He should be able to help them with that question.
Miles asked if the basement has sprinklers. Mrs. Baronian said it does and that the sprinkler heads will have to be extended to accommodate the dropped ceiling. She also asked if a vent would be needed over the cook top. Miles suggested she contact the building inspector about that.
Chief Ingalls said they may need additional smoke detectors in the lower level; each separate area must have smoke detectors.
Adjourn
The meeting was adjourned at 4:40 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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