Present: John Badger (Chairman),Judith Carr (Town Council representative), Diane Hardy (Town Planner), Chester Jablonski, Rick McMenimen (Alternate), PeterRoy (Vice-Chairman), Val Shelton, George Willant
Absent: Janice Rosa (excused),Adam Schroadter (Alternate),
Chairman Badger called the meeting to order at 7:00 p.m.
Pledge of Allegiance
Public Comments
Regular Business
Consideration of appointment for Planning Board Alternate Position – Two applicants for one position expiring May 2009.
Chairman Badger noted Mr. Girard and Mr. Normand have applied for the Alternate position. He noted the position expires next month. He asked for the Planning Board to consider these applicants at the next Planning Board meeting. He thanked both applicants for their interest.
Applicants/Location: Bosinger 2006 Family Trust – Eliot and Sandra Bosinger, Trustees, at Tax Map R4, Lot 57-9/David and Linda Dodds & Jacqueline Berg at Tax Map R4, Lot 57-6, R1 Zone.
Proposal: The proposal is to revise the lot line between Tax Map R4, Lot 57-9 and Tax Map R4, Lot 57-6 and subsequently create a six-lot subdivision on the newly created Lot 57-9. Lot 57-9 will increase in size from 10.009 acres to 14.730 acres, while Lot 57-6 will decrease in size from 17.47 +/- acres to 12.75 +/- acres. Lot 57-9 will then be subdivided
into six conforming lots. The full application is available to view at the Newmarket Planning Office, 186 Main Street, during business hours.
Status: To be continued to the May 19th Planning Board meeting.
Vice-Chairman Roy appointed Rick McMenimen to sit in as a voting member in Janice Rosa’s absence.
Action
Motion: Chester Jablonski made a motion to continue the Bosinger 2006 Family Trust – Eliot and Sandra Bosinger, Trustees application to the May 19, 2009 Planning Board meeting.
Seconded: Rick McMenimen
George Willant asked why the application was being continued. Town Planner Diane Hardy explained it was discovered at the Technical Review Committee on Monday there are wetlands on the property that need to be evaluated. A wetlands scientist will be evaluating the data. The applicants will submit a proposed mitigation plan with a Special Use Permit application, but it will not be ready for a review from the Conservation Commission until May.
Vote: All in favor – Chairman Badger abstained.
Applicant: Newmarket School District/Durell Woods Community Association.
Location: Tax Map R5, Lots 95 & 130, Zone R2
Proposal: Continuation of an application for subdivision. The proposal is to create an easement over a 4-acre portion of Tax Map R5, Lot 130, for the benefit of Tax Map R5, Lot 95 (Newmarket Elementary School).
Status: Continued from March Planning Board meeting.
Chairman Badger noted there is a request for several waivers. Town Planner Diane Hardy explained, during the review of the application at the last meeting, there were questions regarding the authorization of Walter Cheney to sign the application on behalf of the Durell Woods Community Association. Legal counsel questioned this because, AWL Powers Inc., the company who developed the project, is no longer registered with the Secretary of State’s Office.
The applicant has submitted materials to Attorney Spector, which has satisfied her concerns. Diane Hardy recommended the Board accept the application as complete.
Chairman Badger opened the Public Hearing at 7:10 p. m.
Bob Crowell, of 20 Durell Drive, asked how many Planning Board members were on the site walk and what the outcome was. Vice-Chairman Roy explained the board had walked the parcel and had spoken with a number of residents. He did not recall the wet areas conflicting with the proposed easement area. There had also been a discussion regarding drainage. Bob Crowell noted there is a brook that runs through the property. Town Planner Diane Hardy explained the brook runs along the boundary to the east, which is well away from the recreational easement area. Bob Crowell asked how close the cutting of trees would be to the adjacent homes. Val Shelton noted it will be suggested any change to the site conditions would come before the Planning Board for site plan review. The Planning Board is not approving a ball field or cutting of trees tonight. Bob Crowell again asked what the Planning Board saw on the site walk. Vice-Chairman Roy explains there is a wooded parcel of land, with a path he has been told is a right-of-way for a sewer line. There is a stream along the eastern boundary, but no wetlands through the parcel. Town Planner Diane Hardy explained there is ledge and steep topography to the east. There is a good buffer between the easement and the residents’ homes. There will be no blasting. Bob Crowell asked if the easement would be four acres. Town Planner Diane Hardy explained the easement area is a fairly flat area that will be conducive to multi-use fields. The Planning Board felt drainage, grading, and the layout were important issues. Although it is premature to address those issues at this point, it will be suggested that, prior to any trees being cut, the school district come back to the Planning Board with a fully-engineered site plan for review.
Bob Crowell felt there would be an impact to the traffic flow through the community. The traffic conditions are horrendous now, with speeding cars and noncompliant school buses failing to stop at stop signs. He felt this area was an accident waiting to happen. Vice-Chairman Roy questioned how the use of these four acres would affect the traffic. Bob Crowell explained parents would drop off their children at the path on Huckins Drive to walk to school. George Willant stated the action of granting the easement would not affect the traffic. He was not denying what is being observed now, but did not see how the easement would adversely affect traffic patterns. Vice-Chairman Roy added the pathway would not be paved and there would be no encouragement to use the path for children to get to school. Val Shelton explains creating the easement would simply provide the elementary school with an area for children to play and for teachers to conduct outdoor classrooms. The easement will not affect Huckins Drive; there is no legal access to the easement from Huckins Drive. Nothing would prevent the installation of a gate by the homeowners association. There is no legal right for parents to drop off children to walk through the path to school.
Bob Crowell felt that granting the easement would increase traffic to Huckins Drive. Vice-Chairman Roy did not feel the easement would change the traffic flow. The school will access the easement from the elementary school during school hours to conduct outdoor classes. The Planning Board is not considering the development of a ball field tonight.
Bob Crowell asked when the ball fields would come into play. Town Planner Diane Hardy explained, under the terms of the easement proposed, there is the potential for future development of the fields. No specific plan has been developed at this point. Before any construction starts or trees are cleared, the school must come back before the Planning Board for site plan review. At that time the Planning Board will assess traffic impacts. The easement at this time is intended for outdoor educational purposes.
Superintendent Mark LaRoach explained the primary purpose is to have the possibility to create a playing field down the road. He suggested this could take five years or longer before this plan comes to fruition. He hoped volunteers would step up and offer labor and materials. The school is sensitive to issues relating to public funding and potential intrusion onto private property and wetlands. The School Board has agreed to bring any plans for ball fields to the Planning Board for review of impacts, public input and approval before construction. During such a review traffic impacts, environmental impacts, access and to drainage would be discussed. During the site walk, it was shown there is nearly 300 feet between the potential field boundary and homes on Huckins Drive. Chester Jablonski clarified trees would not be touched within this 300-foot buffer. Superintendent Mark LaRoach stated a discussion at the January site walk had been about planting a hedge barrier, if it is critical to gain public acceptance and goodwill prior to future construction of any field. The field would not be suitable for interscholastic play; the field would be used for elementary kids or community use. There will be no blasting, lights, or snack stands. The fields will be used by elementary school children to play on during recess. The school does not own a playing field. This is in an important asset for parents to consider when shopping school districts. It is important for the Newmarket School District to provide academic strengths, school facilities and playing fields.
Chairman Badger closed the Public Hearing at 7:29 p. m.
Action
Motion: Val Shelton made a motion to accept application by the Newmarket School District and Durell Woods Community Association, Inc. to have the previously approved Final Subdivision and Site Plan, Tax Map R5, Lot 130, Zone R2 amended to allow creation of a four-acre easement on Tax Map R5, Lot 130 for the use by the Newmarket Elementary School.
Seconded: George Willant
Rick McMenimen noted the residents of the Durell Woods had understood the land would not be used. He asked if this had been clarified. Town Planner Diane Hardy noted Attorney Spector had reviewed the condominium documents and the rules of the Durell Woods Community Association. There is language in the bylaws that provides the opportunity to convey up to 50% of the lot to the Newmarket School District for educational purposes. There was also language provided in each individual deed of the properties within Durell Woods to that effect.
Chester Jablonski noted because he is a member of the School Board and the Planning Board he will be abstaining from voting on this application.
Vote: All in favor – Chester Jablonski abstained
Chairman Badger noted there is no representative from Doucet Survey present. He asked if the Board should continue with the requested waivers. Town Planner Diane Hardy explained there are two requested waivers. One waiver is from Section 4.09 relating to Area of Coverage and the second from 4.10 Site Information related to the boundary survey and topographic information for the entire lot. She explained given the nature of the easement being requested the waivers could be granted tonight.
Action
Motion: George Willant made a motion to accept the waivers as noted previously by Town Planner Diane Hardy for the Newmarket School District/Durell Woods Community Association application for easement.
Seconded: Val Shelton
Vote: All in favor – Chester Jablonski abstained
Town Planner Diane Hardy noted there would need to be a revision to the subdivision plan dated April 1986 and revised September 1986 to allow the four-acre parcel within the open space Lot 130 to be used as public recreation and educational purposes. She suggested the following conditions:
There will be no buildings or parking on Lot 130.
Any future development is subject to site plan review prior to clearing of vegetation and/or trees and construction activities.
A sign be placed at the intersection of the trail and the easement to prohibit access except by members of the Durell Woods Community Association.
These conditions be placed on the plan.
Language be placed in the deed to ensure there will not be extensive clear cutting.
Legal easement documents to be reviewed by the Planning Department to ensure conditions have been satisfied.
Vice-Chairman Roy added conditions should include there will be no lighting or blasting. George Willant felt when the School Board does submit site plans those plans should be reviewed by the Board and not just by Town staff. Town Planner Diane Hardy asked if the Board felt the need for a compliance hearing. George Willant noted he did not want to be over-burdensome and felt a compliance hearing could be a fair compromise.
Action
Motion: Val Shelton made a motion to amend the previous site plan approval dated April 1986 for plan D16122 recorded at the Rockingham Registry of Deeds to include the easement for the four-acre parcel for the purpose of outdoor classes and playing fields with the following conditions:
There will be no buildings or parking on Lot 130
Future development is subject to site plan review and approval by the Planning Board
There will be a sign at the intersection of the pathway and the easement indicating use by Durell Woods Community Association residents only
No lighting shall be on the easement area.
There will be no blasting within the easement
All of the above shall be stated on the plan.
Prior to the signing of the plans, the Planning Department will review the easement deeds to assure that representations made as part of the Planning Board proceedings are incorporated into the final easement language.
Seconded: George Willant
Vote: All in favor – Chester Jablonski abstained
Chairman Badger asked if the Board felt it necessary to hold a compliance hearing. George Willant noted with the conditions as read, he did not feel it would be necessary.
Applicants: Richard Houghton/W. E. Aubuchon Co., Inc.
Location: 1A North Main Street, Tax Map U2, Lot 284, Zone B1
Proposal: Public hearing for an application for amendment of an original Site Plan approval. The proposal is to install a shade awning over a spring and summer plant sale area within the 30’ front setback permitted in the original application.
Dick Houghton explained he and his wife Gail own the property and lease it to Aubuchon. Greg Moran, Vice-President of Real Estate is also present tonight. There was a condition on the original site plan approval in 1988 that there is no structure within the 30’ right of way of the highway. It had come to his attention this spring that the shade awning is within that 30’ setback. It also came to his attention the setbacks are now 15’; the shade awning would not encroach into the new setback limits. There is no impact on the view from the street. The shade cloth is to protect the plants. He is here tonight to request the original 30’ setbacks be waived and the 15’ setbacks to apply.
George Willant noted this structure is not a new structure. Dick Houghton noted it was not a new structure. He had been unaware there was a violation.
Val Shelton thanked Dick Houghton for all of his service to the town. Dick Houghton noted Newmarket is a wonderful community to do business in. He misses being here. Val Shelton noted the original approval showed eight off site parking spaces. She asked where these spaces are located. Dick Houghton answered the original subdivision of the property allowed for additional parking to be located on the Proulx Oil property. Val Shelton asked if there are any covenants on the deed. Dick Houghton noted he was not aware of any. Access and egress is off Simons Lane. The entire property had been subdivided years ago; he and his wife had purchased one of the lots.
Action
Motion: Vice-Chairman Roy made a motion to accept the application from Richard Houghton/W. E. Aubuchon Co., Inc to install a shade awning over the existing framework for the spring and summer to be in compliance with the present set back requirements.
Seconded: Judith Carr
Vote: All in favor
Chairman Badger opened the public hearing at 7:49 p.m.
There were no public comments.
Chairman Badger closed the public hearing at 7:49 p.m.
Town Planner Diane Hardy noted this had come before the Board, because the Code Enforcement Officer was following up on the dumpster being temporarily located in the front of the building. The dumpster has since been moved to the rear of the building. In looking at the original site plan approval, it was determined that the dumpster was to be located on the plan and that had never been done. This oversight needs to be corrected. Dick Houghton noted it would be taken care of.
Town Planner Diane Hardy made her recommendations for conditions on the approval. The dumpster location needs to be indicated on the plan. The outside storage is permitted within the zoning district, provided it does not obstruct site distance (currently this is not a problem). Dick Houghton noted he had tried to use common sense when setting the area up. The set up can be memorialized by putting it on the plan.
Town Planner Diane Hardy continued with her recommended conditions stating the garden center’s temporary structure shall be removed during off-season times. If it becomes a permanent structure, it will need Planning Board approval. Dick Houghton noted the shade cloth comes down each winter. He asked if the poles needed to be removed as well. Town Planner Diane Hardy noted she had no problem with the poles remaining and the Board agreed.
Action
Motion: Val Shelton made a motion to approve the Richard Houghton/W.E. Aubuchon Co., Inc. application for amendment to site plan approval to install a shade awning over a spring and summer plant sale area within the 30’ front setback permitted in the original approval subject to the following conditions:
The dumpster location be at the rear of the property and indicated on the plan.
Outside storage materials will not obstruct site distances.
The garden showroom temporary structure shade will be removed during off-season times.
Seconded: Judith Carr
Vote: All in favor
Greg Moran noted on behalf of Aubuchon Hardware he wanted to thank Richard Houghton for taking his time to appear before the Board on their behalf. Aubuchon will be 100 years old this year. His grandfather and father had worked the company most of their lives. He had the opportunity to work with his father for 31 years. He is honored to be part of this community.
Applicants: Newmarket Mills, LLC
Proposal/Location: Preliminary Conceptual Consultation regarding a proposal for redevelopment of the Newmarket mill buildings located at 61 Main Street, Tax Map U2, Lot 366. This adaptive reuse project will include residential units at each of the two mills buildings, as well as space for public use and 20,000 sq. ft. of non-residential space.
Arlon Chaffee, Chair of the NCDC, noted he had spoken with the developer, Eric Chinburg, who is in Portsmouth tonight accepting an award from the Workforce Housing Coalition. Eric Chinburg should be here around 8:00 p.m. He asked for this agenda item to be postponed until he arrived.
Chairman Badger adjusted the agenda to allow the next applicant to be heard at this point in the meeting.
Applicant: Cammar Properties, LLC.
Location: 108 Main Street, Tax Map U2, Lot 25, Zone M2.
Proposal: Public hearing for an application for waiver of site plan review requirements. The proposal is to waive site plan review requirements for changing the use on the second floor from office space to a studio apartment of a one-bedroom apartment.
Caroline Rogers, of 108 Main Street, noted this property was most recently known as “The Newmarket House of Pizza.” The first floor is commercial. She would like to renovate the second floor from office space to a one-bedroom apartment.
Town Planner Diane Hardy noted in the Board members’ packets, they have a letter from Caroline Rogers requesting the waiver and justification supporting the request. She felt the waiver could be granted consistent with the intent of site plan review without being injurious. The proposal is to convert the second floor office space to a one-bedroom apartment in the downtown area. Change of use requires site plan approval. The impact to the community with this conversion would not be greater; parking requirements would also be the same. The ordinance is vague and it is questionable whether this proposal even fits the criteria. There will be façade changes and a change in use. This is before the Planning Board for a cursory review subject to the presentation tonight.
Carol Rogers showed a photo of what the building looked like 150 years ago. Phil LePage of the Historical Society had provided the photo. This is the look she will be aiming for in the restoration. She also provided a photo of what the building currently looks like. She showed photos of the inside of the building with the tin ceiling after lead paint had been removed.
George Willant asked if the façade change and conversion of the office space to the apartment are related. Carol Rogers answered the only relation is that the apartment rent will help her pay for the renovations to the commercial part of the building. The approximate year of the photo is 1860-1870. This is the only photo she has of what the front of the building used to look like.
Chairman Badger noted the Board has received two letters of support; one from Mike Hoffman who owns 110 and 112 Main Street and one from Phil LePage from the Advisory Heritage Commission.
Chairman Badger opened the public hearing at 8:04 p.m.
There were no public comments.
Chairman Badger closed the public hearing at 8:04 p.m.
Chairman Badger felt this was a minor application and the waiver should be granted. Val Shelton agreed stating there seemed to be an oversight in the ordinance that should be addressed.
Action
Motion: Vice-Chairman Roy made a motion to waive the site plan review requirements for a change of use for property located at 108 Main Street, Tax Map U2, Lot 25, M2 Zone. The proposal is to convert the second floor office space to a one-bedroom apartment.
Seconded: Rick McMenimen
Vote: All in favor
Applicants: Newmarket Mills, LLC
Proposal/Location: Preliminary Conceptual Consultation regarding a proposal for redevelopment of the Newmarket mill buildings located at 61 Main Street, Tax Map U2, Lot 366. This adaptive reuse project will include residential units at each of the two mills buildings, as well as space for public use and 20,000 sq. ft. of non-residential space.
Eric Chinburg thanked the Board for their indulgence of his tardiness. He had been in Portsmouth receiving an award. He noted Jeff Clifford, from Altas Engineering, and Jeff Spitzer, Senior Project Manager with Chinburg, are present. Jeff Spitzer has had a lot of experience running mill renovation projects and has an extensive background in the adaptive reuse of mill structures. This is the same team that developed the Bryant Rock project. He had responded to the RFP the NCDC had put out a few years ago, but had not been selected as the preferred developer. Once the chosen developer backed out, he had contacted the NCDC and had engaged in a number of conversations. The property is currently under agreement, while he goes through the due diligence phase of permitting and determining economic feasibility. This project will revolve around the need for parking. The NCDC has arranged lease agreements with the gas station lot and lots 60A and 61. The lease option agreement has been finalized with the Town; the Town Council should sign this agreement tomorrow night at their meeting. The success of this development would be great with significant retail development on the site, which would provide the ability of building a parking garage. He noted the redevelopment of the mills can be done without the gas station property and the parking garage, but he felt the first option would be more preferable. He explained there would likely be a number of waivers that will be needed. With the lease option agreement in hand, he now has sufficient site control with the other property to begin looking for a developer to partner with on the retail side. He presented two scenarios; Scenario A provided for an additional 30,000 sq. ft. of commercial space, a parking garage and a pedestrian sky bridge, Scenario B leaves the gas station property alone, no parking garage, and a paved parking lot. This redevelopment will utilize the new M1 Zoning and two density bonuses; interior public space and exterior public space will be provided. He did not feel the project would be able to be sustained economically, while trying to meet LEED or historic standards for tax credits. The agreement with the NCDC provides for not more than 120 residential units with at least 10 work/live units. 4,500 sq. ft. of commercial space will be given to an organization within the Town for public space. There will also be 30,000 sq. ft. of commercial space. 60 residential units will be located in N and N1 building and will be built as part of Phase I, along with the commercial space. Buildings J, K, L and M will be part of Phase II. He hoped Phase II would immediately follow Phase I, but that would depend on market conditions and financing. He discussed aspects of Scenario A and Scenario B, including parking spaces, amenities, possible landscaping ideas and construction materials. Crosswalks would be created for either scenario. He felt it would be important to move forward on both ideas at the same time. His preference was to implement Scenario A, as it would be more beneficial for the Town in numerous ways. He hoped to begin construction this winter with a “doors open” timeframe in September 2010. He added it would be important to move forward on both ideas, in the event he is unable to get a partner on board for the retail development, so he does not lose an entire construction year. He saw this as one combined application with two entities working towards a common goal.
Jeff Clifford noted the permitting for Scenario B would not be extensive. He referenced the shoreland zoning waiver clause for redevelopment. He discussed water quality and best management practices. He noted there would likely be a maintenance agreement between the two parties to ensure things are done properly. He discussed traffic concerns stating he had attended a meeting with the previous town planner, Clay Mitchell, and Steve Pernaw to discuss crosswalk concerns. He discussed curb cuts and meeting with NH DOT. There will be a waiver from the required parking island as a result of lost parking spaces.
Eric Chinburg noted he has not yet spoken with the library trustees. Most of their parking will be left intact.
Jeff Clifford discussed the parking setback line, noting there is proposed encroachment for which a waiver will be requested. Most of the development will be located within the M1 District but with proposed Scenario A there will be development within the B1 District.
Eric Chinburg noted he had spoken briefly with Town Planner Diane Hardy with regard to what studies will be required. He noted he is able to produce some of the required reports and asked if the Planning Board would be willing to accept those. He noted the environmental studies have been prepared at length throughout the years. He suggested these studies can be very costly and is looking for a fair compromise so the studies don’t adversely impact the development while still providing the information the Planning Board needs to make their decisions.
Vice-Chairman Roy asked if all the residential units would be rental units. Eric Chinburg answered there is no possibility for the first phase of development to be condominiums because there is no financing. Ideally, the riverfront portion of the mills would be condominiums, but that would depend on the market and financing available at the time.
Val Shelton asked about the two-phase idea. Eric Chinburg answered Phase I will include the complete development of N and N1 buildings and complete renovation of the outside of all of the buildings. Phase Two would include buildings J, K, L, and M.
Chairman Badger asked if the current one-way access would remain. Eric Chinburg explained the access way is currently a two-way access point. The proposal will implement a no left turn and a right turn only going in. That was the general consensus at the meeting with NH DOT regarding those restrictions. The entrance to Rivermoor Landing will remain. He is working with NCDC and the attorney and has received an initial good response from Rivermoor Landing regarding access issues. The right to utilize that access way exists, although the exact location is not clear. There is agreement on this issue, but a formal agreement identifying the exact location will be drawn up and executed by both parties.
Town Planner Diane Hardy asked if there would be a mix of unit sizes and the number of bedrooms for the 120 residential units. Eric Chinburg answered most of his mill redevelopment projects have been about 2/3 two-bedroom units and 1/3 one-bedroom units. The live/work units will be the same size as the two-bedroom units, but they will be studio apartments with ample work space available.
George Willant noted there is a great deal of sensitivity regarding the potential impact this redevelopment will have on the town. He noted it would be important to ensure the impact studies cover the topics sufficiently for the Planning Board to make their assessment.
Eric Chinburg asked about the setback requirements, noting some of the retaining walls and parking spaces are already located within the setbacks. Town Planner Diane Hardy noted the waivers can be approved by the Planning Board without public input, but she felt it was premature for her to make a recommendation to the Board. It would be important to have a reasonable amount of parking while ensuring there are no adverse impacts to adjacent properties. Eric Chinburg noted most of the adjacent uses are parking.
Vice-Chairman Roy noted the lighting would likely bring strong public input. It would be important to ensure the light would not reflect onto adjacent properties. Town Planner Diane Hardy noted the Planning Board would work with the developer to accommodate the project given the special constraints of the site. Eric Chinburg noted the walls of the parking garage would be higher than the vehicle headlights to avoid undue impact to abutting properties. The lower level will have mill-like openings to allow for natural air and lights on both sides.
Chester Jablonski asked about snow storage. Eric Chinburg noted that would need to be worked on. Jeff Clifford noted some snow would need to be removed from the site. Val Shelton pointed out the developer would own the adjacent land. Jeff Clifford stated there could be doors within the parking structure that could open on the upper level for some snow removal and storage. Chester Jablonski noted the melting snow would need to be addressed through a drainage plan.
Town Planner Diane Hardy noted the Special Use Permit would be a separate process than the site plan review. The earliest possible hearing for this would be May 19, 2009, with an application deadline of May 4, 2009. The next available date would be June 9, 2009 with an application deadline of May 21, 2009.
Val Shelton asked about duplication of submitted information. Town Planner Diane Hardy explained the municipal service analysis is part of the special use permit review. There can be flexibility as to when the impact studies are done and how much detail is provided and at what point.
Chairman Badger noted the Planning Board had worked hard on the M1 rezoning. He had a strong interest to see this project move forward. Val Shelton, Chester Jablonski and Judith Carr agreed. Town Planner Diane Hardy felt the Board had come a long way in one year. Vice-Chairman Roy wished Eric Chinburg luck on obtaining a partner for the retail infill development on the upper level.
Eric Chinburg provided a rough sketch of the elevation of the mills buildings and parking garage.
Other Business
General discussion regarding developer’s request to amend R1 Zone to allow ‘seasonal resort’ as a permitted use.
Sarah Weston and Scott Zeller were in attendance to present their proposal.
Scott Zeller read a prepared letter for the Board and explained he is a former resident of Newmarket, currently living in Stratham. He is not a developer by trade. Eric & Sarah Weston are owners of the abutting property. He owns a 12-acre parcel off Route 152. He explained he had presented this concept to the Town Council recently. They had sent him to the Planning Board to discuss amending the zoning ordinance in the R1 Zone. He felt this concept would be a better use than a conventional subdivision. The proposal is to create a seasonal resort off Route 152. He owns 12 acres of predominantly wooded land and the Westons own 14 acres of predominantly open field. They would jointly develop this land. The only feasible way to develop this land conventionally would be to clear cut his property, which he did not feel was in the best interest of the Town or abutting property owners. He discussed the seasonal destination resort concept explaining this would not be a campground with fires and tents or a trailer park. This resort would have clusters of handcrafted cottages that would be site built by Eric Weston. The cottages would be gingerbread trimmed and grouped within the woods, so they are not visible to each other, the road or abutters. The field would remain open providing a picturesque view from the road. There is much incentive for tourists to come here including Great Bay, the Riverwalk, beaches, outlets, Portsmouth and Kittery. He planned on making these cottages condominiums, so there is owner interest. There would be a positive contribution to the tax base, with no impact on the schools. This resort community would also bring ancillary business to the town. He discussed the historic Chapman Springs noting it was the highest yielding spring for a long time. The first church in Newmarket was built across the street. His intent is to reclaim the history of the spring and to use it as a selling piece. He showed a Microsoft Power Point presentation including photos of seasonal cottages.
Vice-Chairman Roy asked why the applicant was requesting a change to the R1 zoning, instead of pursuing a special use permit or variance. Steve Zeller noted he had spoken with attorneys and developers. Since the concept is geared towards economic development and the best use of the land, it would not meet the variance criteria.
Vice-Chairman Roy noted a homeowner living within a conventional subdivision would not expect a seasonal resort being developed in their back yard. If the entire zone were changed, nothing would prohibit someone else from doing the same thing elsewhere in town. Town Planner Diane Hardy discussed the allowed uses in the R1 Zone. She noted 2/3 of the land area of Newmarket is in the R1 zone.
Val Shelton agreed with the concerns in rezoning the district, stating the Board could consider a new zone with specific uses. She asked how the proposal would meet the intentions of the current zoning considering the intent is for an overall low-density residential development. She asked how many units would be constructed and noted for an open space subdivision plan, 16 homes would be permitted. The Board discussed possibilities to permit the conceptual idea without rezoning the entire district. They discussed what would happen if the development did not work, how the Town would enforce the seasonal aspect and whether this was too ‘out of the box’ thinking for Newmarket.
Val Shelton felt it was an interesting concept that deserved thorough review and consideration. Judith Carr noted she would prefer to see this done as a variance specific to this property. Val Shelton agreed stating a site-specific use would be more appropriate. She referenced a lawsuit in Rye where the Town had lost relative to the conversion of seasonal cottages to year round use.
Chairman Badger noted the concept was interesting, but a different way of approaching it would be necessary. Vice-Chairman Roy asked if year-round use would be considered. Scott Zeller noted year round use would not affect his interest, but the schools would be affected. Val Shelton suggested that could be the grounds for a variance case.
Town Planner Diane Hardy asked if Scott Zeller had a list of contractors or othyer locations that had seasonal resorts for reference purposes. Scott Zeller noted he could provide her with such a list.
Chairman Badger noted the concept is interesting. He would be interested in reviewing the idea again, but felt there were other ways to accomplish the desired result other than changing entire R1 Zone. The Planning Board could work with the applicants on addressing that.
Val Shelton referenced the cottages of Abbott Cove in Kennebunkport, Maine stating it is a similar concept with site-specific rentals. George Willant agreed it was an interesting concept, but questioned whether this was the appropriate location. Val Shelton added the Conservation Commission might want to weigh in on the additional density.
Town Planner Diane Hardy asked if a subcommittee would be appropriate. Val Shelton noted she liked the idea. The committee could meet first and then forward something to Town Planner Diane Hardy for review. Chester Jablonski noted Judith Carr could advise the Town Council of the Planning Board’s discussion. Town Planner Diane Hardy noted she would draft a recommendation to the Town Council.
Action
Motion: George Willant made a motion to recommend to the Town Council that seasonal housing not be added as a permitted use within the R1 Zone as proposed by Scott Zeller.
Seconded: Val Shelton
George Willant noted the subcommittee concept was good, but felt it would be important not to begin meeting until after the elections in May.
Rick McMenimen questioned the ability for the Police Department to enforce seasonal housing. He asked how the area would be policed during unoccupied times.
Vote: All in favor
Judith Carr noted she would tell the Town Council the Board is interested in the concept.
Chairman Badger asked about the subcommittee. Val Shelton suggested waiting until after the elections to set up the subcommittee. Chairman Badger noted the elections are May 12, 2009. There could be two new members on the Planning Board. He suggested putting the selection of the subcommittee on the May Planning Board agenda.
George Willant asked if the applicant had done a market study to determine whether this idea would be feasible within the Town of Newmarket. Scott Zeller noted an extrapolated market analysis had been done. All the resorts he had looked at had been at maximum capacity all season long. He believed the upper scale units and proximity to the water would make this resort desirable.
Chairman Badger thanked Chester Jablonski for his dedication to the Board over the last three years. Chester Jablonski would not be running again for Planning Board. Chester Jablonski noted he would be putting all of his efforts into the School Board.
Historic District Ordinance – Clarification Letter
Vice-Chairman Roy referenced a letter he had sent to each Planning Board member, which expands upon the points he had made to the Town Council at their meeting on the Historic District Ordinance. There were a lot of feelings among Board members he felt were not represented during his presentation. He has pulled these points together and drafted a letter he hoped the Planning Board would approve for him to send to the Town Council for tomorrow night’s public hearing on the Historic District Ordinance.
Val Shelton appreciated the time Vice-Chairman Roy had taken to draft this letter, which is more representative of the Board members’ hesitation and the extent of the deliberations undertaken.
Judith Carr noted the Historic District Ordinance discussion is up before the Town Council tomorrow night. The public would have an opportunity to speak. She acknowledged the Board has worked long and hard on this subject.
There was unanimous consensus from the Board for Vice-Chairman Roy to sign the letter and forward it to the Town Council.
Review and Approval of Minutes: March 24, 2009
Action
Motion: Judith Carr made a motion to accept the minutes from the March 24, 2009 meeting.
Seconded: Chester Jablonski
Val Shelton made the following corrections:
Page 7, line 29, the word “is” needs to be added before “created”
Page 7, line 33 and 35, National Register should be capitalized
Page 9, line 12, “but the Board had decided to take the approach to adopt the Secretary of Interior guidelines as interim standards” should be added after “recommendations”
Page 11, line 16, “shall” should be added before “pertain”
Page 11, line 18, “only” should be added before “encompass”
Page 12, line 3, the motion should read: “Val Shelton made an amendment to Section 2-B Overlay District Boundaries delineating the boundary as follows: All property fronting on Main Street down Exeter Street, up Gerry Ave, back down Route 152 (shown as continuation of Main Street on the map), including all properties to the Lamprey River, on Water Street and the mill properties across the river
Page 12, line 12, “Valerie Shelton commented that her concern has always been having one set of regulations apply to all properties throughout the proposed district and believed that the regulations adopted would have to relate to all properties with the district as proposed. Town Planner Diane Hardy responded that the commission could adopt different sets of regulations to cover different areas and that it was common to have different guidelines for different areas” should be inserted. The last line should read, “Val Shelton ‘temporarily’ withdrew her motion.”
Page 12, line 25, “properties” should be “portions”
Page 13, line 2, “Valerie Shelton clarified that she was just looking for a subset of the existing district: should be added after the last sentence
Page 13, line 12 and 13, the sentence should read “Town Planner Diane Hardy noted she would make the changes as voted on by the Board and send it electronically to all the Planning Board members along with the draft letter”
Page 13, line 19, “, but the Town Council would need to determine whether or not they wanted to establish a commission and adopt the ordinance after hearing public input” should be added after “document”
Page 15, line 10, “by” should be “from”
Page 15, line 36, “Planner” was misspelled
Page 15, line 38, “She also noted that there were no plans before the Board at this time to make improvements to the area and that the whole drainage issue would be addressed when any specific plans came forth” should be added.
Page 16, line 37, “past” should be added in front of “Administrator” and “School”
Page 16, line 42, “There would be no blasting on the property” should be added
Page 17, line, 28, “and therefore it needed to be dealt with as a modification of the previously approved plan” should be added after “parcel”
Page 18, line 34, “School District” should be capitalized.
Page 19, line 29, after “other”, add “school or”
Page 20, line 8, “that on the previous Planning Board meeting minutes” should be added after “understood”
Page 20, line 24 “previous” should be added before “adoption” and “application” should be replaced with “subdivision”
Page 20, line 35, “he” should be “Rick McMenimen”
Page 21, line 30, the sentence should read: “Town Planner Diane Hardy noted under our broad definition of ‘subdivision’ a conveyance of an easement for a use that was not part of an original plan requires not only subdivision approval, but also approval for a revision to the approved Final Subdivision and Site Plan for Durell Woods.” A new sentence should be added: “The attorney was of the opinion that this was a subdivision.”
George Willant noted on page 13, line 5, “professional” should be “professionally.” On page 18, line 30 and 31, “of” should be included before “concern.” On page 22, line 20, “his” should be “their.”
Vote: All in favor – Chairman Badger abstained
George Willant thanked Chairman Badger for his efforts on the Board and hoped he was re-elected. Chairman Badger felt the Planning Board had done a good job this year and had accomplished a lot. Judith Carr wished Town Planner Diane Hardy a good vacation.
Town Planner Diane Hardy noted she had received a copy of a tree ordinance forwarded to the Planning Board by the Town Council for recommendation. She suggested this be put on the agenda for May. Each Board member has received a copy of the draft ordinance.
Town Planner Diane Hardy noted she would like to have Julie LaBranche present for the May meeting to present the draft Water Resource plan. Julie LaBranche is now working for the Rockingham Planning Commission. The review process would start with the Planning Board. She asked if a special meeting should be scheduled. Chairman Badger suggested adding it to the May agenda. The Board could then decide if a workshop is warranted.
Adjournment
Action
Motion: Vice-Chairman Roy made a motion to adjourn at 10:12 p.m.
