Newton Planning Board
Technical Review Committee
Meeting Notes
DECEMBER 14, 2009
1. In Attendance: Ann Miles, Planning Board Chairperson; and Barbara White and Frank Gibbs, Planning Board Members. Minutes were transcribed and typed by Administrative Assistant, Lisa Babcock.
Also in attendance: Police Chief Larry Streeter, Fire Chief Bill Ingalls.
Miles called the meeting to order at 3:37 pm.
2. David Morgan of 7 Valley Drive – Discussion regarding home based business at Tax Map 4, Block 5, Lot 14-18.
Mr. Morgan and his wife Grace Morgan were present. Mr. Morgan had completed a Home Based Business / Home Occupation Information Form dated 11/4/09 in which he described his plans for a home based business to sell firearms and accessories through the internet, trade shows and at his home by appointment. Mr. Morgan is a federally licensed gun dealer.
Chief Ingalls said he did not have a problem with the business. He said that he also is a federally licensed gun dealer with a planning board approved home business. He added that the Country Pond Fish and Game Club also has a federal firearms license and sells firearms to its members.
Chief Streeter said he has issues with the retail sale of guns in a densely constructed, upscale neighborhood with people going in and out buying, selling and trading firearms. He said the business could bring in unknown people into a residential neighborhood for a potentially lethal business.
Chief Streeter stated that the Fish and Game Club is a grandfathered business and that the neighborhood grew up around it. The business wasn't established within a residential neighborhood.
White said that there are two approved firearms dealership home based businesses in East Kingston (where she is the secretary to the Planning and Zoning Boards). She said the main concern in East Kingston was the potential increase in traffic the business might bring to the neighborhood.
She said one dealer only sells to family and friends and does not have a retail store out of his house. Mr. Morgan said he has no display cases in his home, any inventory is in boxes. Everything else is special order. White added that the sale of ammunition is also covered under the same license.
White said one of the reasons people have to go to the business to pick up guns is because as a licensed dealer, Mr. Morgan cannot send firearms through the mail unless it's to another licensed dealer.
Mr. Morgan explained the process. He said if he orders a gun for someone, the person must fill out a 6 page form, Mr. Morgan must then verify the person's identity. If the person is buying a handgun he must then call the state police and relay the information, if the person is buying a long gun, he must call the FBI. The agency does a background check and contacts Mr. Morgan. The person who ordered the gun must pick it up so that this verification of identity can occur.
Mr. Morgan said that he also does internet sales. He can ship a firearm to another dealer but must verify that the dealer license is valid. He said in the last 8 months he had done about 33 internet sales.
White asked how much stock would be kept in the residence. Mr. Morgan said he has military rifles that are part of his own collection and other than that he keeps about $3,000 - $4,000 worth of guns and accessories (holsters, scopes, ammunition, etc.). He has a gun safe and his home is alarmed.
He explained that he used to have a small sign in the window that said "Dave's Sporting Goods, Hours 9-3 by appointment only" but has removed the sign. It was there mainly to inform delivery personnel because they need a signature when delivering firearms.
Streeter cautioned that once something is approved under an RSA, then the RSA defines the stipulations of that retail sale. He could change the parameters of his business within whatever the RSA states. He reiterated that it is his opinion that this should not be allowed in a residential neighborhood.
Miles said she is concerned that Mr. Morgan's neighbors are not aware of the business and also about guns going in and out of a residential neighborhood. She said she would like to have input from the abutters. She asked about the volume of sales.
Mr. Morgan said since April 2009, he has had 17 transactions at his home all of which were with close personal friends except 1. He has also done 33 internet sales in which firearms were sent to other, verified arms dealers. He said he needs inventory on hand for gun shows. He said he views the business as a home occupation as defined in the ordinances.
Gibbs asked if Mr. Morgan could give his clients' names to the Newton Police Department. Chief Streeter said that would just create more work. He is concerned with an unknown, transient element in the neighborhood. He said that Mr. Morgan comes well spoken for, that's not the issue.
Miles said she didn't have an issue with Mr. Morgan keeping an inventory and selling at gun shows. Chief Streeter said he did not have an issue with this aspect of the business. Mr. Morgan said he will contact his abutters.
Chief Streeter departed at 3:45 pm.
Mr. Morgan will appear before the board for general discussion (not a public hearing) on January 12, 2010. Mr. and Mrs. Morgan departed at this time.
3. Pentucket Disposal Systems, LLC – Mr. Antonopoulos explained over the phone that he was no longer interested in purchasing a business condo at Puzzle Lane.
4. 85 South Main Street: The committee reviewed an updated site plan submitted by Todd Fitzgerald for businesses at 85 South Main Street. Chief Ingalls said he hasn't seen any information about the property at all. Miles said the building department is going through everything. Chief Ingalls said if they keep the occupancy under 49 people, they do not need a sprinkler system upstairs.
Chief Ingalls explained that the town hall is a business on the 1st floor with an assembly above it, the Hen House is considered 2 separate bars, it is an assembly upstairs. He said the town hall can have 49 people upstairs plus anyone doing business downstairs.
Miles directed the secretary to see if the septic design is on file, determine the requirements for a community well and get a list of code violations from the building department. Chief Ingalls asked for a copy of the information. He said he may require that they remove the spiral staircase – it is no longer in use and 2 regular staircases have been built.
Miles was concerned that no part of the building has sprinkler systems despite the number of apartments and businesses housed there.
Chief Ingalls also discussed the requirements for sprinkler systems in residences. NFPA 101 was amended in 2003 or '04 requiring sprinkler systems in homes, but it has not been adopted by the state yet.
5. John Krebbs – Discussion regarding Sargent Woods: Mr. Krebbs said he is interested in the Sargent Woods property which is being auctioned sometime in the next week or two. He said that such a large 55+ development would not be viable in today's market.
Miles suggested coming before the planning board with a new plan including details on how the waivers that had been granted would be handled and how the water rights would be handled.
Gibbs said the roads may need to be re-constructed to town specifications. Mr. Krebbs said he is thinking about a 20 – 30 unit open space cluster subdivision. The committee discussed the possibility of connecting to the Trolley Way trail in the Walnut Farms subdivision.
6. Adjourn: Miles adjourned the meeting at 4:57 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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