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Newton board approves change-of-use and groundwater permits for 1 25 Development with conditions
Summary
The board accepted jurisdiction and approved change-of-use permits for multiple 1 25 Development units (9 Puzzle Lane status acknowledged, 120 Industrial Way and 70 Industrial Way changes approved) and granted a groundwater conditional-use permit for a small, water‑based paint booth subject to conditions including no outdoor storage of hazardous materials, no fertilizer use on site, limits on paint storage, and required life-safety approvals.
The Newton Planning Board on July 14 cleared several change-of-use and groundwater items for properties owned by 1 25 Development, while carrying forward outstanding site-plan conditions and requiring specific protections before occupancy.
Attorney Roy Tilsley (representing 1 25 Development) told the board that town counsel advised a condominium-conversion approval was not required for 9 Puzzle Lane; the town would sign a mylar confirming no additional approvals are necessary once legal review is complete. The board authorized the chair to sign the mylar after review by the town attorney.
The board then considered change-of-use requests at 120 Industrial Way (Building 4) and 70 Industrial Way Unit B. For Building 4 the proposal was a furniture-installation warehouse tenant with an interior repair/paint booth; applicants said all paints would be water‑based and storage would be limited. Planning staff recommended taking jurisdiction of the change-of-use application, carrying forward prior site-plan conditions (bonding, liability waivers and confirmation from gas‑pipeline easement holders) and requiring that outstanding conditions be satisfied before any building or occupancy permit is issued.
Roger Barham, manager at Granite State Gas Transmission Operations, told the board the pipeline operator has not yet given approval for certain road work and that developer compliance with remediation requirements is necessary before Granite State can sign off. Owner Coleman McDonough said bonds and related paperwork are being processed and that the project team has coordinated with the utilities; the board noted utility letters and bonds remain outstanding in some cases.
At the public hearing on the groundwater conditional‑use permit (required because the site is inside Newton's Groundwater Protection District), staff summarized criteria including protection against groundwater contamination and limits on hazardous discharges. Testimony and applicant statements established the proposed paint booth uses water‑based paints, that storage would be under 15 gallons in a locked, spill‑proof cabinet in a sprinklered room, and that the fire chief and building inspector would inspect systems. The board adopted recommended conditions: no outdoor storage of hazardous or regulated materials, no fertilizer application on site, no floor drains other than domestic wastewater, safety data sheets for any regulated substances, and satisfaction of building and fire department life‑safety requirements. The board voted to approve the change-of-use applications and the groundwater conditional‑use permit with those conditions; the approvals do not remove the requirement that outstanding bonding, utility confirmations and DOT driveway-permit items be completed before occupancy.
