Present: John Badger (Chairman),Eric Botterman (Town Council representative), Diane Hardy (Town Planner), Rick McMenimen (Alternate), Janice Rosa, PeterRoy (Vice-Chairman), Val Shelton, Eric Weston, George Willant
Absent: Adam Schroadter (Alternate)
Vice-Chairman Roy called the meeting to order at 7:02 p.m.
Pledge of Allegiance
Public Comments
Leo Filion of 3 Lafayette Ave. noted he has been Chairman of the Capital Improvement Program (CIP) Committee for the past few years. One of the recommendations the former CIP Committee was to begin earlier in the year in order to create a full six year plan for all departments. He asked the Planning Board to make their appointments to the CIP Committee as soon as possible so meetings and work can begin.
Review and Approval of Minutes:
April 4, 2009 Site Walk (Ash Swamp Road/Bosinger/Dodds Property)
Vice-Chairman Roy noted he was acting Chairman that day. Val Shelton and Rick McMenimen had also been present.
Action
Motion: Peter Roy made a motion to accept the minutes for the Bosinger Site Walk, as amended.
Seconded: Janice Rosa
Vote: In favor: Rick McMenimen, Janice Rosa, Peter Roy, Val
Shelton, George Willant
Opposed: None
Abstained: John Badger, Eric Botterman, Eric Weston
April 4, 2009 Site Walk Minutes (Durrell Woods)
Vice-Chairman Roy noted John Badger had not been present for this one.
Town Planner Diane Hardy noted there had been some confusion about where the Board would be meeting for the site walk. Former Town Council Chairman Dana Glennon and former Town Council Vice-Chairman Judith Carr had been waiting on the opposite side of the school building and had joined the discussion after the Planning Board had formally closed the site walk meeting. She suggested striking the last sentence of the first paragraph indicating they had joined the meeting.
Rick McMenimen noted he had been under the impression there would be one field, not multiple fields as reflected in the minutes. Lines 28, 31, 32, and 38 should read “field” not “fields.”
Action
Motion: George Willant made a motion to accept the Durrell Woods Site Walk minutes, as amended.
Seconded: Janice Rosa
Vote: In favor: Rick McMenimen, Janice Rosa, Peter Roy, Val
Shelton, George Willant
Opposed: None
Abstained: John Badger, Eric Botterman, Eric Weston
April 14, 2009 Minutes
Janice Rosa noted on Page 8, line 34 Peyton Carr was not the person who had spoken.
Rick McMenimen noted on Page 3, line 22 there should be a space before “resident’s homes.” On Page 6, line 24 there should be no “lighting” within the easement. Val Shelton agreed stating that her motion had been there would be no lighting on the field. Prior to the signing of the plans, the Planning Department will review any easement deeds to ensure that representations made as part of the Planning Board proceedings are incorporated into the final language. All of the conditions are to be stated on the plan. On Page 4, the motion made was: “to accept the application of the Newmarket School District, Durrell Woods Community Association to have the previously approved final subdivision and site plan Tax Map R4, Lot 130, Zone R2 amended to allow creation of a four acre easement on Tax Map R4, Lot 130.” The point was to show the Planning Board was not voting for
the creation of the four acre easement, but amending the original plan.
Rick McMenimen noted on Page 15, line 19 “other” has been misspelled.
Vice-Chairman Roy noted on Page 11, line 44 it should be clarified the applicant’s would be asking for a waiver.
George Willant noted on page 2 Vice-Chairman Roy appointed Rick McMenimen to sit in for Janice Rosa. John Badger was present for the meeting and had been Chair that evening. The Board agreed it had been Chairman Badger who had appointed Rick McMenimen.
Chairman Badger asked who had seconded the motion on page 8, line 36. Town Planner Diane Hardy noted she would have to review the tape to see who seconded the motion.
Janice Rosa noted her absence should be excused.
Val Shelton felt it should be clarified who is making the statements. Town Planner Diane Hardy noted there is a certain amount of summarizing that needs to happen for the minutes. Motions need to be verbatim, but minutes are a summarization of how the Board arrived at the decision they made. Val Shelton felt the paragraphs in the minutes are created at the discretion of the person preparing the minutes. She felt it was important to keep consistent thought processes. Janice Rosa noted the minutes are a legal document and need to reflect what each board member feels is important.
Action
Motion: Chairman Badger made a motion to accept the April 14, 2009 Planning Board minutes, as amended.
Seconded: George Willant
Vote: In favor: John Badger, Rick McMenimen, Peter Roy, Val
Shelton, George Willant
Opposed:
Abstained: Eric Botterman, Janice Rosa, Eric Weston
Nominations of Officers
Vice-Chairman Roy opened the floor for nominations for Chairman.
Janice Rosa nominated John Badger as Chairman.
Peter Roy seconded the nomination.
Vice-Chairman Roy closed the floor for nominations of Chairman.
Vote for nomination of John Badger as Chairman: All in favor – John Badger abstained.
Chairman Badger noted the last year has been an honor and a pleasure to serve as Chairman of the Planning Board. He thanked Board members for their confidence in electing him again.
Chairman Badger opened the floor for nominations for Vice-Chairman.
Janice Rosa nominated Peter Roy.
George Willant seconded the nomination.
Chairman Badger closed the floor for nominations for Vice-Chairman.
Vote for nomination of Peter Roy as Vice-Chairman: All in favor
Consideration of appointment of alternates
Chairman Badger explained the Planning Board had postponed this agenda item from the last meeting. He noted Mr. Girard had called Town Planner Diane Hardy this afternoon asking for his application to be withdrawn. Mr. Norman was unable to attend tonight’s meeting, but had been present at the last meeting. He is still interested in being an alternate member.
Town Planner Diane Hardy noted there are three alternate positions: Rick McMenimen is going into his second year of a three-year term; Adam Schroadter is going into his second year of a two-year term; there is one, three-year term available.
Action
Motion: Vice-Chairman Roy nominated Justin Norman as an alternate to the Planning Board for a three-year term.
Seconded: Janice Rosa
Vote: In favor: John Badger, Eric Botterman, Rick
McMenimen, Janice Rosa, Peter Roy, Val
Shelton, Eric, Weston, George Willant
Opposed:
Abstained:
Appointments of Planning Board representatives to Town Committees
Chairman Badger asked George Willant if he would be willing to continue serving on the Open Space Committee. George Willant accepted the position.
Chairman Badger asked Rick McMenimen if he would be willing to continue serving on the Downtown TIF Advisory Board. Rick McMenimen accepted the position.
Chairman Badger noted he has served on the Black Bear TIF and would be willing to continue that position if it was agreeable to the Board. The Board agreed.
Chairman Badger asked Val Shelton if she would be willing to continue serving on the Conservation Commission. Val Shelton accepted the position.
Chairman Badger noted Rick McMenimen has been serving on the Strafford Regional Planning Commission. Rick McMenimen noted Town Administrator Ed Wojnowski has renewed his membership until 2012.
Vice-Chairman Roy noted he would be willing to serve on the CIP again. Chairman Badger would serve as the back-up.
Chairman Badger noted Chester Jablonski had been a member of the School Board and a member of the Planning Board. He asked if the Planning Board needed a representative to the School Board. Town Planner Diane Hardy noted there is no standing representative to the School Board.
Val Shelton noted the New Hampshire Soil Consultants had appeared before the Conservation Commission relative to the Dodds/Bosinger Special Use Permit application involving a 2,200 square foot wetlands impact. The Conservation Commission will be providing comments to the Planning Board before the next Planning Board meeting.
Rick McMenimen noted the Downtown TIF Advisory Board has not met since March. The Strafford Regional Planning Commission (SRPC) is holding the annual meeting on May 28, 2009. He and Town Planner Diane Hardy would be attending that meeting.
Chairman Badger noted there is an interested, anchor client for the Black Bear TIF District. The Conway Group has confirmed with the Panam Railways that they have a “grandfathered” approval to build an ‘at grade’ crossing across the railroad track at the end of Forbes Road. The Black Bear TIF Committee is working with a number of agencies to secure funding and to be in a position to offer incentives to the firm to locate in Newmarket. The goal is to have the developer in place to begin excavation work this fall. The Town Council has hired a planning consultant to work with the Black Bear TIF Committee to look at the feasibility of future commercial/industrial development of the area.
George Willant noted the Open Space Commission had a site walk along Lita Lane for a number of properties acquired by the Town by tax liens. The properties were viewed for a number of purposes. Drew Kiefaber was to send a letter to the Town Council about working with the recreation department to evaluate the sites for recreational uses.
Presentation by Julie LaBranche, Water Resource Chapter Plan Update prepared by Strafford Regional Planning Commission
Julie LaBranche explained she had begun working on this project with Town Planner Diane Hardy in December 2007 when they began soliciting volunteers to serve on a work group. The chapter before the Board this evening is still a work in progress. The work group consisted of Bill Arcieri, Leo Filion, Robert Pruyne, Ellen Snyder, David Walker, Janice Rosa and Bruce Fecteau. They met monthly to review and update the existing Water Resources chapter in the Master Plan. New diagrams, statistical information and tables were added. She reviewed the document explaining each section within the chapter begins with a policy statement and an introductory statement. The chapter discusses surface water, wetlands, water quality and habitat protection, flood plains and flood management, groundwater resources, municipal drinking water supply, potential water threats, areas of ecological significance and regional and watershed planning.
Janice Rosa asked what changes had been made to the document since the last time the work group met. Diane Hardy noted she would summarize the changes and provide a highlighted version of the draft report for Board members, if requested.
Julie LaBranche referenced the recommendation section noting most of the recommendations relate to public education, outreach and training, land use regulation and policy, land and resource conservation, resource planning and management on the municipal level, state and local enforcement, collection and use of data and regional watershed coordination. The Water Resources chapter of the Master Plan is a guidance document for the community and includes concepts, policies, technology and partnership information. The implementation plan organizes the recommendations made within the chapter.
Bill Arcieri felt it was important to update the site plan storm water regulations, which have not been updated recently. There is a study being done on the Moonlight Brook and “bowl” area for flooding, but the problem starts with the Lamprey River. The municipal water supply also needs to continue being evaluated.
Cynthia Copeland from the Strafford Regional Planning Commission thanked Julie LaBranche for her thoroughness and professionalism. She explained a timeframe has been set to be complete the report by the end of August or early September. Cynthia mentioned there is legislation moving through the Legislature currently, which the work group can review as they work through the summer. One bill in the legislation is looking at an expansion to the New Hampshire Rivers and Management Protection Program to include tidal waters. Senate Bill 168 originally started to establish the Coastal Watershed Alliance to replace the original Regional Outfall Project to review the situation with waste water and water and to change EPA standards regarding water quality and low flow. Senate Bill 168 has been drastically overhauled and is now called the Southeast Alliance. Each community within the Coastal Watershed would appoint members to the Southeast Alliance to work together on resolutions for waste water based on watersheds. The next step would be to coordinate a time for the Planning Board to meet to review and continue to edit and add information as necessary.
Town Planner Diane Hardy explained the timeline originally set forth suggested a public input time period after the initial presentation to the Planning Board. This public input will include the Conservation Commission, Open Space Committee and other various interested groups. The draft will then be finalized for a public hearing. She suggested the Planning Board could have a work session next month to review the document. She invited Cynthia Copeland to the work session.
The Planning Board scheduled a work session for June 30, 2009 at 7:00 p.m.
Cynthia Copeland noted her appreciation for Town Planner Diane Hardy and Rick McMenimen for attending the annual Strafford Regional Planning Commission meeting next week. She encouraged the Board to attend because there will be a pleasant surprise for Newmarket.
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: Continued to the May 19th Planning Board meeting.
** Applicant has requested continuance to June 9, 2009.
The Planning Board did not hear this agenda item. It has been continued to the June 9, 2009 meeting.
Discussion and Recommendation to Town Council regarding Tree Ordinance
Mike Provost noted Newmarket does not have any policies, rules, regulations or ordinances to encourage residents and businesses to plant and care for trees. Trees are a huge investment in the community. The Tree Committee looked at other communities’ ordinances to create an ordinance that would work in Newmarket as a starting point. Newmarket is not a Tree City, but does spend town funds on trees. Trees improve the environment, quiet the downtown and help to control the climate. Tree City designation is through the National Arbor Day Foundation. Durham is the oldest Tree City in New Hampshire. Tree City designation indicates the community plants and cares for its trees annually. There is a tree warden that oversees the community’s trees for hazards or disease.
Val Shelton noted in light of the ongoing discussions at the Town Council level with the number of committees in town, she asked if there was any consideration of having this committee be a part of the Conservation Commission. Mike Provost noted Town Councilor Jim Bergeron is a member of the Conservation Commission but he was not sure whether this discussion had been raised at a Conservation Commission meeting. The thought is that once the trees are planted downtown, this committee could be part of the Conservation Commission if that was an area the Conservation Commission wished to pursue. The Tree Committee was established to recommend trees for the downtown area.
Janice Rosa noted she had attended several of the Tree Committee meetings on Saturday mornings. The Committee had put a lot of thought and effort into the selection of the trees downtown.
Val Shelton expressed her interest in participating. Town Councilor Jim Bergeron had raised this discussion with the Conservation Commission. She felt having the Tree Committee as part of the Conservation Commission would collaborate well with the main focus of the Commission as preserving open space and could potentially draw additional members to the Conservation Commission. She would prefer to see the Tree Committee as part of the Conservation Commission rather than a separate committee.
George Willant noted the Ordinance does not have to go through the Planning Board to be established. The recommendation of the Planning Board to the Town Council could be the idea is valid and to have the Conservation Commission review and bring it forward. Mike Provost noted it was never the intent of the Tree Committee to be a long standing committee.
George Willant felt the Planning Board should determine whether it was an ordinance that was important to the overall planning of the town. If the Planning Board determined it was, the Planning Board should forward that decision to the Town Council and suggest the Conservation Commission prepare the ordinance.
Town Planner Diane Hardy recommended that Board members read the ordinance and come back to the next meeting with comments and recommendations. Vice-Chairman Roy felt Board members should review the document, discuss it as a group and then forward it to the Conservation Commission.
Town Planner Diane Hardy noted she would review the document as to how it affects what the Planning Board’s responsibility is and will provide her comments prior to the next meeting.
Subcommittee to look at Cottage Housing
Chairman Badger noted at the last Planning Board meeting there had been a discussion with Scot Zeller about seasonal cottage housing.
Eric Weston noted he could not participate in this discussion.
Chairman Badger noted the Planning Board had indicated the project was interesting, but did not feel rezoning the entire R1 Zone would be appropriate. The discussion had been raised at the end of the last term prior to new Board members being elected. The Planning Board had decided to raise the issue again once the new Board members were present. There had been the discussion of forming a subcommittee to discuss the seasonal cottage housing concept. The Planning Board needs to address Scott Zeller’s interest and proposal.
Val Shelton expressed her interest in participating in the subcommittee. Chairman Badger and Rick McMenimen also expressed their interest in participating.
Other Business
Vice-Chairman Roy complimented the organization and painting of the Council Chambers noting the project turned out well.
Janice Rosa noted the April 14, 2009 minutes the Board received were dated May 11, 2009. She referenced a law that indicates the minutes need to be available within five days. Town Planner Diane Hardy noted minutes are available within 144 hours of the meeting as required by RSA. The minutes the Board receives are edited minutes. Janice Rosa felt any editing should be done by the Board as a whole. George Willant explained the recording secretary takes hand written minutes and reviews the DVD of the meeting to compose the draft minutes. He believed Town Planner Diane Hardy would then review the minutes for editorial changes and/or misspellings before the Board receives their copy of the minutes. He suggested saving all the changes until the meeting would be onerous and time consuming. Janice Rosa noted she understood the process, but still felt the Board should review the draft copy of the minutes as a unit.
Adjournment
Action
Motion: Eric Botterman made a motion to adjourn at 9:04 p.m.
