Present: John Badger (Chairman),Eric Botterman (Town Council representative), Diane Hardy (Town Planner), Rick McMenimen (Alternate), Justin Normand (Alternate), Janice Rosa, PeterRoy (Vice-Chairman), Adam Schroadter (Alternate), Val Shelton, George Willant
Absent: Eric Weston (excused)
Chairman Badger called the meeting to order at 7:01 p.m.
Pledge of Allegiance
Chairman Badger welcomed Justin Normand as the newest alternate to the Planning Board. He also noted Eric Weston’s absence would be excused. He appointed Rick McMenimen to sit in as a voting member in Eric Weston’s absence.
Public Comments
Brian McDermott of 251 Ash Swamp Road noted he had not been notified of any of these proceedings. He was not aware of the application until his neighbor told him what was happening. Chairman Badger explained that public notices are posted, but only direct abutters are notified individually. Town Planner Diane Hardy noted a couple abutter notices had been returned as undeliverable.
Rick McMenimen noted the Strafford Regional Planning Commission had honored Newmarket with the Municipal Award for Outstanding Planning, which Public Works Director Rick Malasky and Project Coordinator Julie Glover accepted on behalf of the Town. He and Town Planner Diane Hardy had been present for the ceremony. The efforts Newmarket has made in creating the Historic District Ordinance, the M1 Zoning Ordinance and the downtown revitalization were recognized.
Steven Clark of Ash Swamp Road noted he had received several notes prior to this last one but is still in the dark about what is happening with this proposal. Chairman Badger noted his request relates to an agenda item. The public comment session for that agenda item will be opened later in the evening.
Chairman Badger closed the public comments at 7:06 p.m.
Review and Approval of Minutes: 05/19/09
Chairman Badger noted the minutes were not available for review due to a computer virus. The Board will review the minutes at the next meeting.
Regular Business
Applicants: Hickory Pond Partners LLC/Bosinger 2006 Family Trust, Eliot & Sandra Bosinger, Trustees/David & Linda Dodds/Jacqueline Berg for a Special Use Permit
Location: Off Grant Road Tax Map R4, Lots 57-9 & 57-6, Zone R1.
Proposal: There will be a public hearing for a Special Use Permit. The proposal is for a 2,200 sq. ft. direct wetland impact and a 5,554 sq. ft. wetland buffer impact for the proposed road crossing as shown on the “Easement Plan for Hickory Pond Partners, LLC, Bosinger 2006 Family Trust & David & Linda Dodds & Jacqueline Berg”.
Town Planner Diane Hardy presented a summary explaining the original application for this agenda item had been received in January. The Planning Board accepted the application for subdivision and boundary line adjustment for further review. A site walk was held as well as a Technical Review Committee meeting in April. The Technical Review Committee also consulted with Fire Chief Rick Malasky in addressing his concerns for fire protection. The closest fire hydrant and/or cistern are not close enough to provide adequate fire protection. The applicants have proposed individual sprinkler systems within the houses to be built which meets with Fire Chief Rick Malasky’s approval. The Town’s review engineer, Tobin Farwell, has reviewed the plans. The applicant’s engineer has addressed the drainage calculation concerns with a revised set of plans submitted June 1st. She has prepared a checklist with suggested conditions for approval for the boundary line and lot line adjustment application. The applicant is applying for a Special Use Permit to address the impact to the wetlands due to the proposed road construction. The applicants have filed a mitigation plan. The Newmarket Conservation Commission has prepared correspondence for the Planning Board after reviewing and meeting with the applicant.
Bill Doucet from Doucet Survey noted he would be representing the applicants. The first item on the agenda is the required Special Use Permit application due to the wetlands crossing. He noted both Adele Fiorillo, a certified wetlands scientist, with New Hampshire Soil Consultants and Christian Smith from Beals Associates, engineering consultant, were present to address any questions the Board may have.
Adele Fiorillo provided the Board with a supplement to the report previously submitted which provides the certification stamps as required. She explained a dredge and fill permit was filed yesterday with the Town Clerk and will be on the next Conservation Commission agenda for comments. She felt the application met the required criteria of Section 5.03 (F) of the Newmarket Zoning Ordinance relating to the Wetland Protection Overlay District:
The wetland is not within 150’ of the Great Bay, Lamprey River, Piscassic River or Follet’s Brook.
The wetlands relevant to the proposed application are not located within 150’ of the Great Bay, Lamprey River, Piscassic River or Follet’s Brook.
The applicant has prepared a mitigation proposal, upon consultation with the Newmarket Conservation Commission, that provides for increased wetland buffers elsewhere on the site that surround a wetland of greater size or greater functional value than the impacted wetland. Increased buffer areas shall only qualify for this Permit if the horizontal distance or total area of the buffer is doubled. Protected areas shall be noted on a plan filed in the Rockingham County Registry of Deeds and shall be noted as no disturbance/no cut zones on the plan and in the field; or:
She referenced a wetlands functions and values report dated September 9, 1999 by the Army Corps of Engineers.
The applicant has provided for the perpetual protection of an area of off-site wetlands of a greater area and equal or higher functional value located in a Open Space Priority Area as denoted in the Newmarket Open Space Conservation Plan in a way that is proportional to the size and functionality of the impacted wetlands (assistance may be in the form of contributions to a Wetland Protection Land Bank if such is created).
She noted this criterion is not applicable since the applicant has satisfied criterion #2.
The applicant has provided the Planning Board with written comments on the proposed mitigation proposal from the Conservation Commission.
She referenced Conservation Commission comments received May 28, 2009.
Any mitigation proposal submitted to the Board shall attest to the above requirements and shall be completed under the authority and certification of a NH Certified Wetland Scientist using standard-accepted scientific methods.
She referenced the supplement to the application she provided the Board tonight.
Adele Fiorillo explained the plan shows the area that will be under deed restriction. There are three wetland types identified: an unnamed brook; the vernal pool and swath that leads off the property; and small isolated wetlands that are not connected to other wetlands on or off the property. The area associated with the brook is the highest functioning wetland on the property. A significant buffer of upland area is provided around the vernal pool. What is depicted on the plan as Wetland A is the vernal pool, which has one functional value. Wetland B is the unnamed brook and has several functional values; groundwater discharge, flood flow alteration, production export, flowing water component and wildlife habitat. The important part is the vernal pool. Wetland C consists of small isolated pockets of wetlands with no principal functions and values. She felt the application mets four of the five criteria as required in Section 5.03 (F) that is applicable.
Brian McDermott asked which way the water would flow when the vernal pool is dammed up due to the construction. Christian Smith explained the vernal pool is caused by runoff from the higher land. The application includes proposed culverts that will mirror existing flow conditions.
Town Planner Diane Hardy noted the original abutter notification for 251 Ash Swamp Road was addressed to Raymond McMann. Brian McDermott noted he had purchased the property from him nearly three months ago and asked if he could receive copies of the information. Diane Hardy indicated that she would be more than happy to share the information in the Planning Board’s files.
Vice-Chairman Roy asked if the Planning Board has documentation identifying the wetland delineation as Wetland A, Wetland B and Wetland C. Town Planner Diane Hardy noted that information was contained within the supplemental report provided by the applicant.
George Willant asked if the buffer along the side of the proposed road had been included in the wetlands calculations. Bill Doucet explained they had been included, due to the layering within the software program the colors on the map did not match up.
Chairman Badger opened the public hearing at 7:26 p.m.
Brian McDermott asked about maintenance of the drainage systems. Christian Smith explained Tobin Farwell had requested an operation and maintenance manual. The proposed road will eventually be a Town-owned road, which the Town will maintain.
Town Planner Diane Hardy noted it is her recommendation the final plans be signed by the Public Works Director to ensure the proposed operation and maintenance plan will be feasible for the Town to maintain. One of her proposed conditions of approval includes a review by the Director of Public Works and the Board’s legal counsel to ensure the document is written properly and can be adhered to and enforced.
Adele Fiorillo explained there is draft deed restriction language included within the document. The language will be revised to include the following recommendations of the Conservation Commission: there be no disturbance of any kind to the wetlands; the removal of vegetation is prohibited; and fertilizer application is prohibited. The Commission had discussed the marking of boundary lines. Herbicides will be prohibited. The NH Fish & Game Department also has recommended marking the boundary lines. She noted the restriction of pesticides can be too restrictive. She suggested limiting pesticide applications by licensed professionals as a better compromise.
Action
Motion: George Willant made a motion to accept the application for Special Use Permit for Hickory Pond Partners LLC Tax Map R4, Lots 57-9 and 57-6, Zone R1 off Ash Swamp Road and Grant Road in Newmarket, New Hampshire.
Seconded: Vice-Chairman Roy
George Willant referenced West Environmental’s recommendation to protect the wetlands during construction. Adele Fiorillo noted the wetlands can be protected during construction using orange construction fencing. Bill Doucet added the 25’ “no disturb” area around the wetlands can be marked the same way during construction.
Vote: In favor: John Badger, Rick McMenimen, Janice
Rosa, Peter Roy, Val Shelton, George
Willant
Opposed:
Abstained: Eric Botterman
Eric Botterman noted he abstained from voting because he had not been present for all the information.
Bill Doucet noted the Conservation Commission had used the word “monumentation” which in surveying terms means a three foot iron rod within an eighth of an inch accuracy. He believed the Conservation Commission’s intent was to have the boundary marked with conservation signs. Val Shelton (Planning Board representative to the Conservation Commission) agreed stating the Conservation Commission was referring to the signs marking the wetlands and buffers rather than “monuments”, which define property boundary corners.
Action
Motion: George Willant made a motion to approve the Special Use Permit application for Hickory Pond Partners, LLC with the following conditions:
Easement plan and corresponding easement and deed restrictions shall be reviewed and approved by legal counsel prior to recording of easement plan and issuance of final Special Use Permit.
The recommendations as outlined in the May 28, 2009 memo of the Conservation Commission to the Newmarket Planning Board shall be adhered to. Necessary modification shall be made to the plan prior to signing. The following revisions shall be made to the Conservation Commission memo:
The word “monumented” shall be changed to “marked”.
Pesticides are to be applied by New Hampshire certified applicators only
Seconded: Rick McMenimen
Vote: In favor: John Badger, Rick McMenimen, Janice
Rosa, Peter Roy, Val Shelton, George
Willant
Opposed:
Abstained: Eric Botterman
Eric Botterman noted he abstained from voting because he had not been present for all the information.
Applicants: Bosinger 2006 Family Trust – Eliot and Sandra Bosinger, Trustees/David and Linda Dodds & Jacqueline Berg
Location: Tax Map R4, Lot 57-9 and 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 from the May 19, 2009 meeting
Chairman Badger explained this application has been accepted.
Bill Doucet from Doucet Survey agreed the application had been accepted at the February meeting. The Board and applicant had agreed to hold off on the approval of the application until the Special Use Permit had been approved. He was unsure whether the waivers had been addressed. Town Planner Diane Hardy noted the minutes did not reflect any waiver approvals. This issue had been raised at the Technical Review Committee meeting.
Bill Doucet explained there are two parts to this application; a lot line adjustment and a six-lot subdivision. The waivers relate to the subdivision. A survey is not needed for the adjacent lot because it is over 5 acres. He explained the “land swapping” process.
Town Planner Diane Hardy recommended the approval of the boundary line adjustment as stated on the plan.
Chairman Badger opened the public hearing at 7:50 p.m.
No comments.
Chairman Badger closed the public hearing at 7:50 p.m.
Action
Motion: Val Shelton made a motion to approve the boundary line adjustment application for lot line between lot 57-9 and 57-6. 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.
Seconded: Vice-Chairman Roy
Vote: In favor: John Badger, Rick McMenimen, Janice
Rosa, Peter Roy, Val Shelton, George
Willant
Opposed:
Abstained: Eric Botterman
Eric Botterman noted he abstained from voting because he had not been present for all the information.
Bill Doucet explained the last formal meeting on the subdivision application had been the site walk. Prior to that was the Technical Review Committee meeting. The applicant had requested a continuance following the Technical Review Committee meeting because of information addressing concerns Fire Chief Rick Malasky had expressed. There are two fire cisterns within one half mile of the proposed subdivision, but Fire Chief Rick Malasky had not felt they would be adequate for fire protection. Fire Chief Rick Malasky had requested a cistern be installed or each of the houses within the subdivision to be fitted with sprinklers. There is a point in the near future where all new houses will be required to be sprinkled. That is what pushed the applicant in the direction of constructing the homes with sprinklers. A note has been added to the plan to state this. Fire Chief Rick Malasky had also recommended a street light be installed at the intersection of the proposed road and Ash Swamp Road; that has also been added. Christian Smith has been working with Tobin Farwell; he believed a report should have been received today.
Christian Smith discussed the new alteration to terrain permit rules of NH Department of Environmental Services went into effect January 2009. The revisions address stone level spreaders and swales. The two outstanding items from Tobin Farwell’s list include: the updating of the operation and maintenance manual and a one foot earthen berm to be constructed near the vernal pool to direct water to the level spreader then to the vegetative filter strip downstream. He suggested this should be a deed restriction opposed to a plan note.
Town Planner Diane Hardy explained a plan index should also be included. Bill Doucet explained that had been discussed at the Technical Review Committee meeting. A cover letter cannot be recorded at the Registry of Deeds. He noted the plan sheets are indexed.
George Willant noted the brook had flooded Grant Road during the flooding. He asked if that had been addressed to Tobin Farwell’s satisfaction. Christian Smith explained he had spoken with Fire Chief and Public Works Director Rick Malasky who indicated the culvert had been problematic during both the Mother’s Day floods of 2006 and the April flooding of 2007. He had reviewed the storm water management plan with Fire Chief Rick Malasky who is satisfied with the 25, 50 and 100 year storm water reductions off-site.
Val Shelton asked who is liable liability for the drainage calculations and design. George Willant explained the engineer of record, which in this case is the applicant’s engineer. Tobin Farwell is the Town’s review engineer. Town Planner Diane Hardy explained the drainage plans are done by a Professional Engineer who will stamp the plans and calculations.
Rick McMenimen asked where the water for the individual sprinkler systems would come from. Wells will provide water for the sprinklers for the individual houses. Town Planner Diane Hardy noted at the Technical Review Committee meeting, Fire Chief Rick Malasky had indicated he would rather see a cistern. She noted her recommendation of a final sign-off of the plans by Fire Chief Rick Malasky.
Town Planner Diane Hardy noted there are several waivers being requested. The first waiver is to allow a posted speed limit of 25 miles per hour where the regulations require 30 miles per hour. She felt this was a reasonable request. The second request is to allow the minimum paving width of the travel lane to be 10’ with two travel lanes being at 20’. The Director of Public Works and Tobin Farwell recommended granting this waiver given the low traffic volume and low speed on the road and with the intent to reduce environmental impacts. There is also a request for a waiver not to require a sidewalk due to the low speeds, rural subdivision and lack of connecting sidewalks. The Director of Public Works does not recommend waiving the requirement of street lighting at the intersection. The plans have been revised to satisfy the requirements.
Chairman Badger opened the public hearing at 8:07 p.m.
Bruce Fecteau of 244 Ash Swamp Road noted his driveway is located directly across the street from the proposed subdivision. During previous meeting discussions he recommended that the street light not be required. If street lighting is put in, it will illuminate his front yard. He would like the waiver to be reconsidered. He suggested the fire department shouldn’t need a street light; the street light would be more of an issue for the people that live in the area. There had also been discussions about a camouflaging screen being planted in his front yard to block the headlights from cars exiting the development. He would like that noted on the plan.
Town Planner Diane Hardy noted one of her recommended conditions included the screening: “the applicant shall add a note to the plan to reflect an agreement between the developer and Bruce and Linda Fecteau with respect to landscaping to screen the entrance of the subdivision from the Fecteau home.”
Val Shelton explained the Technical Review Committee had been in agreement with the Public Works Director for the need of the light because in three other instances the Town has been asked to install a street light after the development was completed at the Town’s expense. Janice Rosa agreed stating once people move into the development, if they request a street light to be put in, the Town would need to put one in. She did not feel it was the Town’s responsibility; it should be the responsibility of the developer to put the light in. Vice-Chairman Roy noted he had gotten the same impression from Public Works Director Rick Malasky. He asked if there is anyway to screen the street light from the Fecteau home. Bill Doucet explained the light bulb would remain unseen, but the illumination would still be seen. Eric Botterman suggested putting funds in an escrow account for the future installation of a street light, if deemed necessary, rather than to require it to be put in prior to resident request.
Linda Fecteau of 244 Ash Swamp Road questioned why the Town would be required to put in a street light after the Planning Board grants a waiver from the requirement. Justin Normand discussed a situation that arose in Portsmouth, New Hampshire where the street light bothered an abutter and baffles had been put up to reduce the amount of illumination. Bill Doucet explained the street light is specified in the plans; it is a shoebox style with a downward cast.
Action
Motion: Val Shelton made a motion to grant the applicant’s request for the following waivers:
Section 3.02(B)(1) reducing the design speed limit to 25 miles per hour
Section 3.02(B) reducing the minimum travel lane width to ten feet
Section 3.04(A)(3) to not require sidewalks
Seconded: George Willant
Vote: In favor: John Badger, Rick McMenimen, Janice
Rosa, Peter Roy, Val Shelton, George
Willant
Opposed:
Abstained: Eric Botterman
Eric Botterman noted he abstained from the vote because he had not been present at the prior meetings.
The Board discussed the waiver request to not require a street light at the intersection of the development and Ash Swamp Road. Bill Doucet explained PSNH had informed him there is no fee for the installation of a street light; there is a monthly fee. No pole is being installed as there is one already there.
Action
Motion: Val Shelton made a motion to grant the waiver request from Section 3.08(C) relating to the requirement of a street light.
Seconded: Vice-Chairman Roy
Vote: In favor: John Badger, Rick McMenimen, Janice
Rosa, Peter Roy, Val Shelton, George
Willant
Opposed:
Abstained: Eric Botterman
Eric Botterman explained he abstained from the vote because he had not been present at the previous meetings.
Town Planner Diane Hardy noted she has received review letters from Tobin Farwell Engineering, Inc, Wetlands Specialist Mark West, the Police Department, and the Conservation Commission. She reviewed her recommended conditions and added that a plan index should be added to the plans. Orange construction fencing should be added on Lots 3 and 4 to isolate wetlands C1 and C2 so they can be protected during construction. The wetlands should be flagged prior to plan signing. A certificate of off-site drainage impacts has been provided.
George Willant asked if the drainage calculations have been reviewed. Town Planner Diane Hardy answered the calculations have been reviewed by the town’s engineering consultant. Eric Botterman felt that the PE certification by the engineer who completed the drainage calculation and plan was enough company, as the engineer would not certify the calculations unless they had reviewed them for accuracy.
The Board discussed “Active and Substantial Development” and “Substantial Completion”. It was determined “Active and Substantial Development” needs to occur within one year of approval to exempt a property owner from subsequent changes in zoning for four (4) years. Once “substantial completion” occurs the owner is permanently vested As part of the approval process, the Board will define “Active and Substantial Development” and “Substantial Completion.”
Action
Motion: Val Shelton made a motion to approve the application for subdivision for Hickory Pond Partners, LLC for Lot 57-9, Tax Map R4 to allow the six-lot proposed subdivision with the following conditions:
As recommended by Tobin Farwell in his letter of June 9, 2009, the following conditions be met:
The deed to Lot 2 identify the location and purpose of the drainage swale to direct site drainage to stone level spreader and define responsibilities of the property owner to maintain the swale as intended on the Plan and profile.
An Operation and Maintenance Plan be submitted for the long term care of the storm water Best Management Practices for review and approval by Town Engineer Tobin Farwell prior to the signing of the plan.
The “Subdivision Plan” for Lot 2 be revised by the surveyor to show a pin at the jog in the property line be provided with Lot 61.
A Plan index be added to the Plan.
All easements and deed restrictions shall be submitted to the Newmarket Town Planning Department for review and approval by the Town’s legal counsel prior to plan signing, with all recorded documents provided to the Town prior to the issuance of certificates of occupancy to ensure compliance with subdivision and special use permit approvals.
Written approval of the final plans by the Newmarket Public Works Director and Fire Chief.
Subject to the issuance of all applicable NHDES/EPA: NH Subdivision Approval, NH Wetlands Crossing and EPA Notice of Intent. Once the permits are issued the plans shall be revised to reflect the permit numbers for reference, prior to the signing and recording of plans.
The developer shall enter into a Developer’s Agreement with the Town of Newmarket, which includes findings of fact, special conditions and the Town’s expectations prior to and during construction, prior to the issuance of building permit and certificates of occupancy and the requirements for performance guarantee.
The developer shall issue a performance bond in an amount determined as acceptable by the Town’s engineer to ensure completion of the proposed roadway and storm water structures in accordance with the approved plans.
The developer shall also make in advance an escrow payment to the Town in an amount determined as acceptable by the Town’s engineer to provide construction inspection services to assure proper site construction of roadway and subdivision drainage.
The applicant shall add a note to the plan to reflect agreement between the developer and Bruce and Linda Fecteau with respect to landscaping to screen the entrance of the subdivision from the Fecteau home.
Street numbers shall be assigned by the Town’s assessor and shown on the final plan prior to plan signing.
Pursuant to RSA 674:39 “Active and Substantial Development” shall be defined as the clearing, grubbing, installation of temporary erosion control measures, and beginning the grading of the road.
Pursuant to RSA 674:39 “Substantial Completion” shall be defined as the laying of the base binder on the road.
The flagging of wetlands, corresponding isolated wetlands and 25’ buffers be done prior to construction.
The notation relating to the installation of the street light be removed from the plan.
Seconded: Vice-Chairman Roy
Vote: In favor: John Badger, Rick McMenimen, Janice
Rosa, Peter Roy, Val Shelton, George
Willant
Opposed:
Abstained: Eric Botterman
Eric Botterman noted he abstained from the vote because he had not been present at the previous meetings.
Applicants: Newmarket Community Development Corporation/Newmarket Mills, LLC
Location: Main Street, Tax Map U2, Lots 365, 366, 367, 55, 56C, 60A, 61, Zone M1.
Proposal: There will be a public hearing for an application for Special Use Permit under the provisions of Section 2.01 of the M1 District of the Newmarket Zoning Ordinance. The proposal is for the adaptive reuse of Newmarket mills, plus associated parking and public amenities. This adaptive reuse project will include 120 residential units within two mill buildings, over 25,000 sq. ft. of non-residential space, artist live/work space, and 4,500 sq. ft. of civic space. Parking will be provided on-site and at lots on the west side of Main Street.
Eric Chinburg noted he would be representing Newmarket Mills, LLC. He was joined by Jeff Clifford, a civil engineer and Bill Doucet, a surveyor. The purpose of tonight’s meeting is to seek a Special Use Permit under the new M1 Zoning. He has met with Town Planner Diane Hardy twice since the application has been submitted on several points that needed clarification. He felt the Special Use Permit application would align well with the proposed project. This is an integrated development based on a Master Development Site Plan. There is a substantial fiscal benefit to the Town, extreme public service to the Town and no new infrastructure. He discussed two options for redevelopment of the mills. He is looking for a development partner for the construction of a grocery store across the street from the mills. With this partnership, a parking garage and overhead pedestrian path could be created. Option 1 includes the redevelopment of the mills with surface parking across the street and pedestrian crosswalks. He hopes the Special Use Permit and application process could continue while the determination of which option would be feasible is in limbo. If the process is allowed to continue, he hoped construction would begin in the Fall with an opening date of Fall 2010. Each use proposed is permitted. There will be 104 residential units, 16 artist live/work units, more than 4,500 square feet of civic space and over 25,000 square feet of non-residential uses from the list of permitted uses. There is a one story cinder block building and corrugated tin stairwell that may be demolished. He plans to renovate and retain the buildings. He explained the total square footage of the building is higher than what was anticipated because one floor had been left out of previous calculations. He will get the data certified that so there is confidence in the numbers. The M1 Zoning will allow 127 units. The proposal is for 120. Six artist live/work units are required; 16 artist live/work units are proposed. He is working with the Board of Directors of Rivermoor to define the easements for ingress and egress; this process may take a while. He provided a color hand-out of the plan to Board members showing public access ways, pedestrian access, sidewalks, crosswalks and the courtyard. A public waterfront amenity is proposed to provide continuous pedestrian access to the waterfront. The civic and non-residential space is proposed on the first floor of N1 building. Additional residential space is proposed for the second floor of N1 building. The need for additional municipal utility and services is not substantial. The project has been in the public eye for over ten years. Power, water, sewer and storm drainage have been upgraded as a result of the Town’s downtown revitalization. New sprinklers have been hooked up within the past few weeks. He will be seeking affirmation from each department head regarding the need for certain studies. The ordinance allows the Board the authority to require the studies, if necessary.
Jeff Clifford from Altus Engineering explained a sidewalk has been created with window wells to allow light to infiltrate the lower levels of the building. Some parking has been eliminated. The EPA recognizes storm water management needs differ when addressing urban in-fill development. Both NH DES and municipalities are challenged by the need for flexibility in managing storm water and provide suitable access to the site. A retaining wall on-site will act as a curb; sand and grit travelling along Route 108 will be picked up by the proposed storm system. There is a water quality inlet with three chambers to filter out grit and hydrocarbons. The maintenance of the stormwater sytem will be key as maintenance is usually the weak link. Roof runoff will be collected by smaller catch basins equipped with smart sponges. There is not a lot of area or depth to work with when designing drainage systems. A new drain line with two stubs along Main Street provides the capacity in anticipation of the project. There will be hooded catch basins which will offer treatment.
Eric Chinburg discussed the phasing plan noting all site work will need to be done at once. Construction inside building two will happen as the first building is occupied. Pedestrian safety and circulation has been addressed. Steve Pernaw has completed a traffic study that has been submitted to NH DOT. The preferred option will include a sky tower and pedestrian bridge but is economically dependent on completion of the commercial/retail build-out of the project. Crosswalks will be provided because the sky tower and pedestrian bridge cannot be depended upon safe access in the event the preferred option (Option 2) does not come to fruition. Crosswalks and sidewalks are proposed next to the Arbor Park Bus Stop. There are new rules relative to the Comprehensive Shoreland Protection Act (CSPA). The Town will need to request an urban exemption from NH DES in order to allow the redevelopment to proceed without permitting from the CSPA. The fiscal impact study has been streamlined. He understood clearly the parking requirements and the number of school-age children to be generated based on the type of units involved. He has completed 160 mill apartments in Portsmouth, Dover and Somersworth. There have been no police calls, very few fire calls and only 2 school-aged children within the units. This project will add a new vibrancy to the downtown and support the businesses along Main Street. He noted the Planning Board can ask for a municipal service capacity study. As an alternative, he would like the Board to allow him to get letters from the department heads agreeing the project will not be a burden on municipal services. The Board can ask for a study of on-site and off-site pedestrian impacts. He felt this has been addressed. The Board can ask for a public utility capacity study. He noted all the utilities have recently been rebuilt as part of the Main Street reconstruction so capacity should not be an issue. The Board can ask for an environmental and nuisance study. He explained that it is clear that the project will improve upon existing environment by bringing the building into compliance with various codes and environmental laws. He is requesting that he not be required to complete that study. He has met with the Library Board of Trustees regarding parking. He has an obligation to provide 15 spaces to them. He noted that twenty (20) of the parking spaces in the parking lot are reserved for public use. The parking lot improvements made to the area will require a waiver from Section 3.06(B)(1)(b) regarding ten foot buffer due to the width of the travel way. The New Hampshire Fish and Game Department is amenities to consider an easement to improve and protect the fish ladder and provide access to the water. He noted the difficulty in financing projects like this. There may be possible grant funds for the pedestrian sky bridge through the Transportation Enhancement Program of the NH Department of Transportation.
Vice-Chairman Roy asked about Riverdale Automotive. Eric Chinburg noted the Town owns that property and has leased it back to the tenant. There is an option to purchase the property for up to five or six years. If the retail grocery component across the street does not come to fruition he will not purchase the building, and will build the parking around it.
Adam Schroadter noted there is not a lot of information on how this fits with the Lamprey Riverwalk project. Town Planner Diane Hardy noted she has a Riverwalk plan in her office. It shows this project is consistent with the conceptual plan for the Riverwalk by providing a pedestrian connector to the waterfront park in front of the Serbagi project. She would be happy to share the plan with Adam.
Eric Chinburg explained the traffic study assumes there is no overhead pedestrian bridge. Fewer people will be accessing the building now than have historically.
Val Shelton asked about the proposed use of the boiler house building. Eric Chinburg explained there is a property line issue. Lou Gargioli is willing to move out with an agreement to store equipment there. Rivermoor is interested in listening to the idea. This would be an agreement between three parties. The building is not in good shape; it could be torn down to create a park. That would be a joint venture.
Val Shelton asked how the waterfront access area is to be envisioned. Eric Chinburg explained the RFP provided the desire for waterfront access. He is open to ideas for reasonable improvements.
Chairman Badger opened the public comments at 9:29 p.m.
Rob Phillips, a member of the Rivermoor Condominium Association Board of Directors explained there are other Rivermoor Condominium owners here tonight. There have been several meetings and owners have been asked to remain active throughout this process. If the proposal as presented is done correctly, Rivermoor Condominium Association is intrigued. The proposal will benefit Newmarket as a whole, the downtown area and Rivermoor Condominiums. The concerns the Rivermoor Condominium Association has are typical abutter concerns including lighting and drainage. The proposed plan includes the use of part of Rivermoor property. There will need to be cooperation between the Rivermoor Condominium Association, the developer and the Planning Board to ensure the appropriate plan is in place to alleviate such issues as vehicular and pedestrian access. This project will literally be in the back yard of Rivermoor Landing. Discussions have been going well. He felt noise abatement between the N1 building and Rivermoor Landing needs to be addressed. During the site walk, Eric Chinburg learned a lot about what the site looks like. He saw the entire area including Rivermoor Landing as being a better development if redevelopment of the mills is done properly.
Jim Wibble, Vice-President of the Rivermoor Landing Condominium Association and resident of 54 Riverside. He wanted the Board to know he is in favor of the overall conceptual design. There will be many amenities for the Town and Rivermoor Landing. He expressed his concern with the volume of traffic and lower level parking. He reviewed the traffic study recommending no left turns outbound and no right turn inbound. He noted the Rivermoor driveway is not set up for that kind of traffic flow. There have been several near misses at the parking garage by Joyce’s Kitchen. Vehicles have not been tolerant of residents there. He asked for there to be more negotiations with NH DOT to make a less restrictive entrance. He noted the old elevator is very loud and hoped that would be addressed as part of the renovations. He appreciated Eric Chinburg’s willingness to work with all parties involved.
Anthony Codding of 1 Rivermoor Landing noted he is the former president of Rivermoor Condominium Association. He expressed his concerns about the traffic issues. He noted the road becomes very narrow through to Rivermoor Landing. There will be a significant increase in traffic as a result of the redevelopment.
Rob Phillips explained at peak times, there will be twenty-four more vehicles than there are currently.
Anthony Codding referenced pedestrian issues noting the problems with the trucks using the rear access road. The sub soil is not stable. He is concerned about impact of truck traffic on the structural stability of the building and proposed roadway.
Rob Phillips noted their engineer recommended no vehicles with a gross vehicle weight of over 5,000 lbs pass through. Traffic was stopped as a result. He noted the soil and embankment is being eroded. Chairman Badger asked the engineering study being referred to be shared with the Planning Board and Eric Chinburg.
Gene Elson of Rivermoor Landing noted she is the most intimate abutter as she shares a wall with the N-1 building. She has been an owner for nine years and most of the time could not sleep because of the noise of the freight elevator. She understood the plan is to preserve that in the building. The noise factor affects her quality of life. She requested the freight elevator not be allowed to continue as is. The elevator is directly against her bedroom wall.
Chairman Badger closed the public hearing at 9:44 p.m.
Chairman Badger thanked the Rivermoor Landing residents for their comments and cooperation in working with the developer.
Jim Wibble noted this is a better proposal than the last development proposed and better than the brewery proposal.
Town Planner Diane Hardy referenced the Special Use Permit checklist noting it is a working draft. She suggested this could be updated at each meeting. With the submissions made and the information provided today, she recommended the Board accept the application as substantially complete. The discussion of the individual studies to be required can be taken as a separate matter.
Action
Motion: Vice-Chairman Roy made a motion to accept the Special Use Permit application for Newmarket Community Development Corporation/Newmarket Mills, LLC located at Main Street, Tax Map U2, Lots 365, 366, 367, 55, 55C, 60A, 61, Zone M-1.
Seconded: Val Shelton
Vote: In favor: John Badger, Eric Botterman, Rick McMenimen,
Janice Rosa, Peter Roy, Val Shelton, George
Willant
Opposed:
Abstained:
Chairman Badger suggested the Technical Review Committee work directly with the developer to move this process along as quickly as is appropriate.
Vice-Chairman Roy, Val Shelton and George Willant will participate as Technical Review Committee members. Chairman Badger felt it would be appropriate for the Technical Review Committee to determine which studies will be required for the applicant and to make those recommendations to the Board.
Chairman Badger noted Town Planner Diane Hardy has recommended Underwood Engineers as the Town’s review engineer firm for this project. Town Planner Diane Hardy explained Underwood Engineers are familiar with the Town’s systems as they had been the engineers for the Main Street project. Underwood Engineers has a firm understanding of the area and knowledge of the infrastructure. Their review would be during the Special Use Permit and during site plan review. Underwood Engineers will review the plans and provide comments to the Board and the developer as to whether the plan is adequately designed to meet the needs of the residents and tenants of the development.
Eric Botterman questioned whether Underwood Engineers would be able to provide all the reviews that will need to be done. Town Planner Diane Hardy explained Underwood Engineers will subcontract for the pieces they are unable to do. She will ask for a proposal of services and provide that for the Technical Review Committee. Eric Botterman suggested the Board should know what the review engineer is qualified to do before making a decision.
Chairman Badger asked about the Shoreline Protection Act. Town Planner Diane Hardy explained municipalities can request an urban exemption from the Shoreline Protection Act in urban areas that are already developed. The request is submitted to NH DES, which can exempt certain areas from meeting the Shoreline Protection Act requirements, which can prolong the review process at NH DES. The Planning Board makes a recommendation to the Town Council on this matter who then can forward a formal request. Chairman Badger asked Town Planner Diane Hardy to put a draft document together for the next meeting.
Justin Normand expressed his interest in participating in the Technical Review Committee. Chairman Badger explained only three Board members can be on the Technical Review Committee but suggested Justin Normand may attend the meetings and participate as a citizen. Town Planner Diane Hardy noted she would need to check the Right to Know law to see if that would be allowed as that meeting would technically be a Planning Board meeting due to having more than three members in attendance.
Rob Phillips asked to be notified of the Technical Review Committee meeting schedule if it is open to the public. He felt this was a unique application. There would be many areas where he or other residents of Rivermoor Landing would be able to provide significant input. Town Planner Diane Hardy noted she did not object to noticing the meeting, as a public meeting.
Action
Motion: Val Shelton made a motion to continue the application for Special Use Permit requested byNewmarket Community Development Commission/Newmarket Mills, LLC located at Main Street, Tax Map U2, Lots 365, 366, 367, 55, 55C, 60A, 61, Zone M-1 to the July 14th Planning Board meeting.
Seconded: Rick McMenimen
Vote: In favor: John Badger, Eric Botterman, Rick McMenimen, Janice Rosa, Peter Roy, Val Shelton, George Willant
Opposed:
Abstained:
Justin Normand was appointed as an alternate for Vice-Chairman Roy for the Technical Review Committee.
Other Business
Chairman Badger asked the Board if they had questions regarding his letter dated June 8, 2009 discussing excavation and gravel sites. Town Planner Diane Hardy explained the letter discusses a policy for enforcement. Chairman Badger explained there have been concerns raised by citizens about the limited resources of the Town to aggressively enforce the Minimum and Express Operational Standards of RSA 155-E:4-a and Minimum and Express Reclamation Standards of RSA 155-E:5. He felt this letter addressed those concerns.
Eric Botterman questioned the decision of the Board regarding the Rosa pit having not been properly noticed for their renewal permit several years ago. Chairman Badger explained the application was re-advertised and a new hearing was held. The Board had approved the remainder of the three-year permit. George Willant asked why there is a specific procedure relative to a specific section of the Zoning Ordinance. He felt the policy should be general and applicable to all. Val Shelton noted any private property whether it be a gravel pit or not is subject to the Aquifer Protection requirements of the Zoning Ordinance. Town Planner Diane Hardy noted she would make some modifications to the document to make it more generic.
Janice Rosa asked Board members to be more careful which box they take information from for meetings. There were several items for tonight’s meeting she had not received.
Chairman Badger referenced the conceptual presentation made by Steve Zeller concerning seasonal cottage housing during the April Planning Board meeting. The Board at that time had decided to wait until after the elections in May to address the issue so all new Planning Board members would have an opportunity to provide input. A subcommittee made up of Rick McMenimen, Val Shelton, Chairman Badger and Town Planner Diane Hardy had been formed a subcommittee to discuss the concept.
Val Shelton gave an overview of the Subcommittee’s report. She noted the committee had been interested in the concept but there was not enough information available or presented to determine whether that type of use would be viable for Newmarket. The Board had briefly discussed the possibility of an overlay district, but did not feel it would be appropriate to add seasonal cottage resorts as a permitted use in the R-1 Zone generally. The potential downsides to this concept included public safety impacts associated with police and fire protection. The subcommittee recommends no further action at this time.
Town Planner Diane Hardy explained the cottage housing concept has been used as a technique for affordable (workforce) housing in other communities in western parts of the country. This kind of housing may be suitable for a small portion of the housing market. There have also been provisions built in for the cost at which the housing units are sold or rented so they remain affordable. She pointed to examples of communities that have encouraged the development of “cottage” housing through cluster development standards.
Val Shelton explained the dual home concept meets the needs of the growing baby boomer generation as an economically friendly type of community to vacation to.
Adam Schroadter noted national developers are doing smaller square foot year round homes for limited environmental impacts.
Town Planner Diane Hardy stated the Board received a request from the Town Council and Town Administrator to review a draft of the Tree Ordinance. The ordinance had been proposed by Town Councilor Jim Bergeron. A draft has been provided for the Board. Diane Hardy reported that she had met with Mary Reynolds, an urban forester with the NH Department of Resources and Economic Development who works with communities on such ordinances and brings extensive experience to the process. She has spoken to the town’s tree committee about the national Tree City program. In order to achieve that status a community must have an ordinance to show their stewardship of public trees. She suggested Val Shelton bring a copy of a the “marked-up” draft ordinance to the Conservation Commission for discussion. There seems to be some confusion in the draft as to whose responsibility it is to maintain the trees within the public right of way. She also suggested a review by legal counsel to ensure it is consistent with the state law. The Planning Board members will provide their comments to Town Planner Diane Hardy, who will consolidate them into one “marked-up” draft. Val Shelton will then bring the information to the Conservation Commission for their consideration.
Chairman Badger explained Boise Cascade, a lumber distribution facility, is looking at two (2) places to relocate their business: Newmarket, New Hampshire and Wells, Maine. Wells, Maine can offer a 400,000 square foot warehouse, but there is Maine income tax. They have had discussions with state officials in Maine of a way to grant a subsidy for the income tax to lure them to locate in Maine. Newmarket is moving as quickly as possible to offer a competitive package. A meeting will be held on Thursday with Economic Development Administration (EDA), Rockingham Economic Development Corporation (REDC) and the State Division of Economic Development (DRED) about various grants and financial incentives. A rough outline has been received today on the cost of the infrastructure. He feels Newmarket has a plan in place to be competitive. The meeting on Thursday will be at the developer’s office. The work on installing the infrastructure will be reliant on Boston/Maine Railroad as they are unionized and may require their own employees to do the work.
Town Planner Diane Hardy explained the State is encouraging Newmarket to participate in the New Hampshire Economic Revitalization Zone (ERZ) Program, which provides incentives to businesses that create jobs in the state by providing credits against state business profit and investment taxes.
Chairman Badger explained the Town has hired a planning consultant who made a lengthy presentation to the Black Bear TIF committee. The committee wants to ensure there will be a net positive impact to the community and tax flow.
George Willant explained there had been an Open Space Committee meeting last night where Drew Kiefaber was elected Chairman; Bill Arcieri was elected Vice-Chairman and Peg Chaffee was elected Secretary. There is no Conservation Commission representative yet. Town Administrator Ed Wojnowski had suggested hiring a wetlands consultant to delineate the wetlands on the properties along Lita Lane to determine what can be done with them. There are also Town-owned properties along Follet’s Brook that can be looked at for trails or other amenities. The plaque for easement on the Dodd’s property by the Southeast Land Trust has been placed.
Rick McMenimen noted the Downtown TIF met in February. No meeting could be held this month. The next meeting will be in July. He explained that he was nominated and elected for executive council of the Strafford Regional Planning Commission.
Adjournment
Action
Motion: Vice-Chairman Roy made a motion to adjourn at 10:37 p.m.
