Present: 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, Eric Weston, George Willant
Absent: John Badger (Chairman), Janice Rosa
Vice-Chairman Roy called the meeting to order at 7:00 p.m.
Pledge of Allegiance
Vice-Chairman Roy appointed Rick McMenimen to sit in for Chairman Badger and Adam Schroadter to sit in for Janice Rosa.
Public Comments
Review and Approval of Minutes: 05/19/09 & 06/09/09
May 19, 2009
Rick McMenimen asked if the application for the easement next to the elementary school was for the Durell Woods Community Association or the Newmarket School District. Town Planner Diane Hardy noted the school does not own the property, so Durell Woods Community Association would have been the applicant.
Rick McMenimen noted on page 3, line 3 “that” should be “for.”
Vice-Chairman Roy noted on page 6, line 41 the word “be” should be removed. Also on page 6, line 42 the word “capture” should be “review.”
Action
Motion: George Willant made a motion to accept the minutes from May 19, 2009 as amended.
Seconded: Rick McMenimen
Vote: All in favor – Adam Schroadter abstained.
Adam Schroadter abstained from the vote because he had not been present at the meeting.
June 9, 2009
George Willant noted on page 7, line 38 “there are” should be “the.” On page 10, line 27 the word “was” should be removed. Also on page 10, line 28 the reference to the insurance company should be deleted. On page 14, line 27 he questioned the parking lot reference. Town Planner Diane Hardy explained Section 3.06 of the Site Plan Review Regulations requires a ten-foot buffer along the side of the parking lot. She would add language to clarify this statement. She suggested: “The parking lot improvements will require a waiver from Section 3.06 relative to the ten foot buffer due to the width of the travel way.”
George Willant understood the discussion on the fish ladder was it was not a definitive. Eric Chinburg from Chinburg Builders explained he has spoken with Fish & Game; they are amenable to having this conversation but nothing further was discussed.
Rick McMenimen noted on page 14, “building two” should be “building #2.” Town Planner Diane Hardy suggested changing that to “the second building.”
Rick McMenimen noted an email had been sent to Town Planner Diane Hardy and George Willant on the discussion about the crosswalk. Board members had asked for further information on the traffic study.
George Willant noted on page 18, line 22, the Town had received a plaque from the Southeast Land Trust for its conservation efforts on the Dodds property.
Vice-Chairman Roy noted on page 8, line 8 the word “to” should be removed. On page 13, line 20 the word “that” should be removed.
Action
Motion: Rick McMenimen made a motion to approve the minutes from the June 9, 2009 meeting as amended.
Seconded: Eric Botterman
Vote: All in favor – Eric Weston abstained.
Eric Weston abstained from voting because he had not been at the meeting.
Regular Business
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 the Newmarket Mills, plus associated parking and public amenities. This adaptive reuse project will include 120 residential units within two mill buildings, over 25,000 square feet of non-residential space, artist live/work space and 4,500 square feet of civic space. Parking will be provided on-site and at lots on the west side of Main Street.
Status: Continued from June Planning Board meeting.
Eric Chinburg, Principal of Newmarket Mills, LLC explained this hearing is a continuation of the Special Use Permit application. Town Planner Diane Hardy has provided an updated status report on the Special Use Permit application. The application is complete except for a few outstanding letters from the Department Heads. He has received favorable letters from the Recreation Department, Fire Department, Water and Sewer Department, and Police Department, and he is waiting on letters from the Town’s engineer, Underwood Engineers, the School District, Town Administrator and Zoning Administrator/Health Officer. Town Planner Diane Hardy explained the Board members should have letters from each of the departments in their review materials.
Eric Chinburg explained he had spoken with Superintendent Mark LaRoach who had assured him a letter was forthcoming. He had met with the Technical Review Committee and felt one more meeting would be needed to discuss the information they had requested relative to pedestrian safety and traffic.
Town Planner Diane Hardy noted the Technical Review Committee had wanted clarification on the various uses within the building. The Committee is waiting on information relative to the fiscal impact analysis and are also waiting on a letter from Underwood Engineers and the Committee has a draft but not a signed copy. The feeling of the letter indicates there is adequate capacity for water and sewer. The School District and Code Enforcement Officer Dan Vincent will be supplying letters. Letters from Steve Pernaw, the applicant’s traffic engineer, have been received relative to updated traffic projections, pedestrian group crossings, and a clarification on the parking needs. These reports will be provided to the Technical Review Committee for review. The Technical Review Committee met June 23rd at 2:00 p.m. Members present were Val Shelton, George Willant and Peter Roy. Discussions included the need for a municipal service capacity study. The applicant has asked for letters from the department heads to satisfy this requirement. The Technical Review Committee recommends the Planning Board accept this request and allow the department head letters to satisfy this requirement in lieu of a formal study. Water and Sewer Superintendent Sean Grieg provided information relative to the capacity of the existing water and sewer systems to accommodate the development. The Committee had asked for more information regarding off site pedestrian safety. The parking agreement between the Town and developer is available for review. She asked if the public utility study and environmental study would be required. Eric Chinburg is working with the resident who had expressed concern with the noise of the elevator. The Technical Review Committee felt this point had been satisfied. The water/sewer capacity and utility plans will be reviewed by Underwood Engineers. Underwood Engineers will be the Town’s civil engineer for the project; VHB will be the Town’s traffic engineers for the project. The Technical Review Committee has authorized a contract with each engineering firm. The Special Use Permit application has been presented for the first option only. If in the future a commercial developer is secured for the second option (concept two), the Board would need to review the changes and modify the conditions on the Special Use Permit, as necessary.
Eric Chinburg noted he took the major issues from the Technical Review Committee meetings as being letters from the department heads, pedestrian safety, parking, and traffic flow. He felt this needed to be continued until the next meeting in order to get this information assembled and for the Technical Review Committee to be able to make a recommendation to the Board.
Traffic engineer, Steve Pernaw, noted he had prepared the traffic evaluation that had been submitted to the Town and NH Department of Transportation. He met with the NH Department of Transportation in Concord to discuss the parameters of the study; Town Planner Diane Hardy had also been present. The NH Department of Transportation had not requested a full traffic study since this is a scenario with existing buildings and driveways. The NH Department of Transportation wanted information on trip generation and traffic impacts specifically impacting the Main Street and Elm Street intersection. They had provided data from 2007 with before and after development information. The NH Department of Transportation traffic count for Main Street had been 12,000 vehicles per day with the rate of flow varying considerably throughout the day. The evening peak hour was the heaviest for traffic flow. In 2007 the intersection during a one-hour period yielded 1,422 vehicles. In 2001 Pernaw’s firm had worked with Underwood Engineers on the Main Street traffic study; at that time the vehicle rate for the same hour had been 1,445. It is expected the redevelopment of the mills will generate 120 trips daily; breaking down into 67 arrival trips and 53 departure trips. The difference in impact is 2%. The posted speed on Main Street is 30 miles per hour. This was also taken into consideration during the study. The average speed for traveling vehicles was 24 miles per hour. The requirement is to design the project at 85% for design function (85th percentile speed), considering the road width, parking and the mature downtown area. There are some suggestions about site distance in the site plan review application that will be addressed during that process. The NH Department of Transportation wants to limit the north driveway intersection access to right turn only for departures and left turn only for arrivals. There are other access points with full access. The mill building has been occupied in the past with several commercial uses. Historically there has been more pedestrian traffic than what will be generated with the redevelopment. During the evening peak hour, it is calculated there will be 139 pedestrians crossing Route 108; this is broken down to 74 crossings from west to east and 65 crossings from east to west. The volume of traffic has been projected to the year 2,020 even though that was not requested by the NH Department of Transportation. A statistical analysis has been done to determine the safe gaps in traffic flow for the year 2020 for pedestrian traffic. There will be more than enough traffic gaps to allow pedestrians to pass safely. These studies do not predict an undue hazard for people trying to cross due to the amount of traffic gaps, speed of vehicles and adequate site distance.
Val Shelton noted there is a sidewalk to nowhere by the library. She asked if a crosswalk on Route 108 near the Elm Street intersection would help calm traffic. Steve Pernaw explained it is a busy intersection. There is no recommendation for the installation of a crosswalk, at this time. It is not necessary for this proposal.
Val Shelton asked if the reason the parking had been reduced was as part of an effort to eliminate vehicles behind Rivermoor Landing. Eric Chinburg explained the parking had been reduced in an effort to reduce traffic congestion through the mills.
Rick McMenimen asked where the studies had been done. Steve Pernaw explained the daily traffic number was based on the September 2007 data provided by the NH Department of Transportation. There was also information from June 2007. These numbers had been adjusted to accommodate seasonal variations.
Eric Weston asked if the NH Department of Transportation would set the guidelines for the roads and driveways. Steve Pernaw answered they would as Route 108 is a state highway. He added a crosswalk could be added at the Elm Street intersection, but a comprehensive study had been done by the Town previously and one had not been proposed for a reason.
Vice-Chairman Roy opened the public hearing at 7:50 p.m.
Sylvia von Aulock of 40 Elm Street asked why 2009 numbers were not being reviewed. The applicant responded that the State Department of Transportation did not require them to do a full traffic study, with new data as this was considered an upgrade to an existing site. As a resident who walks in that area often, she has seen the stream of foot traffic. The project needs to be designed to be the safest and best project for the community. She asked why existing traffic patterns weren’t being looked at in addition to the traffic the project would generate. She added whether there is a crosswalk at the intersection of Elm Street or not, people will continue to cross there.
Rob Phillips of Rivermoor Landing understood this to be a process of getting information not to make decisions about crosswalks. Vice-Chairman Roy agreed this was a process of getting information. Decisions about the crosswalks would not be made tonight.
Rob Phillips explained he had not been notified of the first Technical Review Committee meeting as he had requested at a prior meeting. He suggested he would be at the next Technical Review Committee meeting since these meetings are where additional facts and technical questions are asked. Town Planner Diane Hardy noted at the last meeting the Board had agreed to publicly notice the Technical Review Committee meeting even though that has not historically been the process. The meeting had been posted in accordance with the Right to Know law.
Jim Wible of Rivermoor Landing and Vice-Chairman of the Rivermoor Landing Condominium Association noted the access point focus has been on the north end so far. He felt the majority of the traffic would exit through the south driveway. He thought this driveway was being considered as the main entrance for access purposes. He felt this would be a big issue for Rivermoor Landing since there are already traffic flow issues at this location during peak hours. He urged the Board’s attention to be drawn to the southern entrance. Vice-Chairman Roy understood there were ongoing negotiations between the developer and Rivermoor Landing regarding access.
Anthony Codding of #1 Rivermoor Landing explained the traffic and pedestrian safety concerns are significant. There are a number of people at Rivermoor Landing who feel this development would be wonderful for both Rivermoor Landing and Newmarket if the traffic and pedestrian safety issues can be resolved. There will be an increase in traffic; children are often outside playing. These concerns do not have to negate the positive impact this development will have on the Town, but should be addressed.
George Willant explained this is a two-step process; the Board will need to first approve a Special Use Permit so the project can then move forward to site plan review. The Board needs to gather enough information to decide whether a Special Use Permit should be issued. The detailed analysis will come during site plan review.
Anita Gordon of Bryant Rock explained the water capacity is an issue. Underwood Engineers suggests there is enough water, but this morning on the front page of the Exeter Newsletter there was an article about the July 7th Town Council meeting where water issues had come up. John Brooks from Emery & Garrett Groundwater, Inc had been part of a team doing hydrogeological research. There are two existing wells that are not able to accommodate future growth. The Town does not have sufficient water supply to meet even today’s demands. She asked what was being planned for the HVAC system. As a resident of Bryant Rock, having the HVAC system next to the building is a nuisance. The noise is so loud it can be heard down Bay Road to Heron Point. She wanted to know where the HVAC system would be placed and whether the Planning Board could ensure the HVAC system and other systems would not be put on the waterfront so as to avoid the noise throughout the Town.
Town Council representative Eric Botterman explained the Town does have enough water to meet the town’s demands between the two existing wells. The water investigation is ongoing to build two new wells and a new water tank. The Town does have enough water in order to supply this project. As a matter of good planning, the Town is looking for additional water supplies to meet future water supply demands.
Vice-Chairman Roy explained John Brooks is projecting future needs well beyond the redevelopment of the mills. There has been water set aside for this redevelopment project. The Town is making efforts to expand the water supplies now to meet future growth needs.
Ed Portyrata of Exeter Road asked why there is a water ban if the Town has sufficient water. He suggested the Town wouldn’t flush the hydrants because it would be wasting water. Pipes are full of rust; there is rust in the lines. He spoke with Water and Sewer Superintendent Sean Grieg about flushing the hydrants and that is what he was told.
Vice-Chairman Roy closed the public hearing at 8:09 p.m.
Town Planner Diane Hardy recommended the Board continue this application to the August Planning Board meeting. In the interim, the Board will get the engineering reports from its engineering consultants. A Technical Review Committee meeting will also be scheduled in a few weeks and will focus on the issues raised tonight. These reports will be back within two weeks. She suggested this continuance would allow for the Technical Review Committee to continue its work. She would notify the public of these meetings via the web site and posting at Town Hall and the Post Office.
Action
Motion: George Willant made a motion to continue the application for Special Use Permit for the Newmarket Community Development Commission/Newmarket Mills, LLC to the August 11, 2009 Planning Board meeting.
Seconded: Eric Botterman
Vote: All in favor
Applicants: Newmarket Community Development Corporation/Fraternal Order of Eagles/Town of Newmarket/Newmarket Mills, LLC.
Location: Main Street, Tax Map U2, Lots 365, 366, 367, M1 Zone and Tax Map U2, Lots 56C, 60A, 60B, 61, B1 Zone.
Proposal: There will be a public hearing for an application for site plan. The proposal is for the redevelopment of the Newmarket mill buildings to include residential units at each of the two mill buildings, as well as space for public and non-residential uses. Parking will be provided on-site and at lots on the west side of Main Street. The complete application is available to view at the Newmarket Planning Office, 186 Main Street, Newmarket, NH, during business hours.
Eric Chinburg explained the site plan application has more detail in terms of design and drainage. He is hoping tonight the Board can decide whether this is a completed application.
Jeff Clifford from Altus Engineering explained there were two conceptual options proposed to the Board a few meetings ago: Option 1 included the mill redevelopment by itself and Option 2 including the retail facility across the street and associated parking. The decision has been to take Option 1 to the next design level in terms of engineering drawings. The parking on the east side of Route 108 has been altered to put a sidewalk along the easterly building to the waterfront. On the west side of Route 108, the sidewalk location has changed because of the new electrical boxes that were put in as part of the Main Street project. The sidewalk now runs along the northerly side of the Riverdale property. From the Eagles building there will be a step down to an upper patio and a stairway leading to a courtyard with green space. This will reduce the amount of impervious surface. There will be a series of catch basins to collect the water and will drain to a manhole with a water quality inlet that will separate oil, water and grit. This will provide treatment before the collected water flows to the river. The amount of water flowing to the catch basin on Rivermoor Landing will be reduced by the addition of a catch basin. A new drain line that was put in as part of the downtown revitalization will collect some of the water from catch basins to be installed in the parking area across Main Street. These lines were designed to accommodate this and future projects. Mr. Clifford spoke with Public Works Director Rick Malasky about how best to deal with storm water on the parking lot site, as it is a very flat site. The drainage will be divided to create better flow. The plan has been designed so the Elm Street drainage system will not be overburdened. There are sufficient areas for snow storage. There are walkways, crosswalks and sidewalks to address pedestrian safety. The catch basins will be hooded. A large water quality unit has not been included on the west side of Route 108 because it would need to be updated with the future development. With the new water line being installed, two new fire hydrants will be installed which will provide adequate fire protection. There are six parking spots and landscaped areas that will be used to temporarily store snow during snow events. Within 48 hours the snow will be removed from the site. He noted the drainage calculations are too close to suggest rate of flow will be decreased. At worst, it remains the same.
Eric Botterman asked why Option 1 was being pursued and Option 2 was not. Eric Chinburg explained Option 1 is realistic to move on now. He will continue to actively pursue Option 2, but did not want the beginning of the mill redevelopment project to be delayed a year because he had not secured a commercial development partner.
Val Shelton asked if there would be treatment of the collected water at the lower levels. Jeff Clifford explained treatment would occur within the catch basins. A hooded catch basin has been included at the northern entrance because of the flow. He pointed out the gas tanks. George Willant suggested there be landscaping around the gas tanks to provide screening.
Town Planner Diane Hardy referred to a resident’s inquiry about the HVAC system asking where it will be located and what mitigation measures will be taken for noise.
Eric Chinburg explained rather than having one large unit for the residences, each unit will have individual air conditioning units that will be located on the rooftop of the building. These would be small condensing units. He is actively exploring ideas on energy efficient heating. This would be different than the Bryant Rock development.
Vice-Chairman Roy opened the public hearing at 8:36 p.m.
Sylvia von Aulock of 40 Elm Street asked if the developer can bring a duplicate set of plans so the audience can see what the Board is looking at and what is being discussed. She asked to be put on the contact list for the Technical Review Committee meetings. She would appreciate if the developer could provide color renderings so the audience can see the different items from afar. Town Planner Diane Hardy provided her a copy of plans in response to her request from this afternoon.
Sylvia von Aulock explained professionally, she advises the Exeter Planning Board. She referenced the parking on the west side of Route 108 stating it appeared all traffic would exit to Main Street. She suggested extending the wall along Spring Street to buffer noise and headlights; this would become an amenity to the Town, abutters and residents of Newmarket. She asked if an additional vegetative buffer could be added. She suggested the NH Department of Transportation allows for push button crossings for pedestrian traffic. She felt a pedestrian gap would need to be made at times in order to allow pedestrians to cross Main Street safely. She suggested creating an island to provide a safe zone for pedestrians.
Bernard Gordon of Bryant Rock noted he has lived in the Newmarket/Durham area for 40 years. He endorses pedestrian crossings. He asked how many of the 120 proposed units would be artist live/work spaces and how they would be designated. He suggested this ratio could impact the total density of the project. Town Planner Diane Hardy explained of the 120 total proposed units, 16 are proposed as artist live/work units. They would be designed at the developer’s desire and would be reviewed as part of the building permit process. Vice-Chairman Roy noted 40% of each artist live/work unit must be open to working and showing their art.
Ed Portyrata noted he had worked for Timberland for many years. He asked about overhead walkways or underground pedestrian tunnels. He suggested one could be created here to provide safety to pedestrians and motorists. Vice-Chairman Roy suggested there has been some discussion about an overhead walkway across Route 108 if the commercial development west of Route 108 comes into play. The overhead walkway is expensive and would need the additional funding partner. Town Planner Diane Hardy explained the Town had submitted an application to the State Department of Transportation for a Transportation Enhancement grant on July 2, 2009. This was a joint application between the Town and Chinburg Builders. The grant is for 80% federal funding for the project; she hoped the funds would become available and approved for this project.
Bill Zecker of Pazcec Investors located at 53 Main Street explained his company needed to have access for freight trucks at the loading dock for trucks with beds up to 48 feet in length and a cab beyond that. At the minimum 68 feet would be needed to get the trucks into the loading docks. When there are vehicles there, the trucks would line up with the tanks and back in. He was concerned he had not been approached about the access points. He explained there is no snow removal now. He needs to shovel the pedestrian bridge in order to get into the building and get to the dock. He discussed the New Hampshire Fish & Game fish ladder and its access. He added it is important to consider the heavy mercantile freight. This would affect his daily operations.
Eric Chinburg noted he had met with Bill Zecker and Nick Pazcec several months ago. At that time they had made their primary concern clear. The landscape architect has created a landscaping design with a radius large enough to accommodate the trucks. The truck traffic will not exit through the Rivermoor Landing access.
Sylvia von Aulock asked how the public would access the waterfront. Eric Chinburg noted he has made an agreement with NCDC on acquiring easements to provide public access throughout the site he pointed out how the public would access the waterfront. There will be limited pedestrian and vehicle conflict because of the underground parking. Sylvia von Aulock asked if the sidewalk could be narrowed to avoid this conflict. She also asked if the Town would retain the other lot.
Town Planner Diane Hardy explained there is a conceptual plan for development of the land in back of the building. Eric Chinburg is in negotiations with potential tenants. A site plan application will be filed if a tenant is secured. Eric Chinburg explained if the ideal situation were to come about, a grocery store would be developed. The parking would be removed and a parking deck would be created. The east side of the road will be the same regardless of the development across the street. He is showing surface parking with the Option 1 design concept. There would be shared parking with the development on the west, but the shared parking would be bi-level.
Sylvia von Aulock explained vehicles would exit the site behind the Library via Spring Street because there is nothing stopping the vehicles. She suggested a larger buffer along Spring Street and the extension of the wall.
Rob Phillips of Rivermoor Landing noted he had been talking with Eric Chinburg about the traffic circulation behind Rivermoor Landing as being detrimental He felt the southern access point needs to be minimized as much as possible. He felt the access to the north could be re-sculptured to include retaining walls, the widening of the road, and realignment of the driveway. He felt this was conceptually a great project. He suggested a stoplight at the intersection of Elm Street and Main Street might be a viable option.
Jim Wible of #3 Rivermoor Landing noted the NH Department of Transportation said Rivermoor Landing should be a secondary entrance; not the primary entrance. If the southern entrance is going to be used as the main access point, there needed to be a significant amount of upgrading.
Val Shelton asked how many Rivermoor Landing residents used the access behind Rivermoor Landing. Jim Wible noted there are 14 parking spaces across from the Post Office. Behind the building is the least used parking; most of the parking is seasonal and is used for the marina. He explained the deterioration of the road required Rivermoor Landing to enforce the weight limit and ban on large trucks. He would like to see this development work but it needed to address the many issues. He noted he did not see a one-way access behind Rivermoor Landing as a viable solution.
Ed Portyrata explained he has had trouble with the NH Department of Transportation. He lives on Exeter Road where the speed limit is 45 miles per hour and has been rear ended more than once in addition to the rude gestures he receives from motorists. The State won’t reduce the speed limit and the Town has no authority to reduce the speed limit. There is no blinking light to slow motorists.
Vice-Chairman Roy closed the public hearing at 9:16 p.m.
Town Planner Diane Hardy recommended the Board accept the application as complete. She has reviewed the application against the checklist and found it to be substantially complete. The review engineer is also comfortable reviewing what has been submitted.
Action
Motion: George Willant made a motion to accept the application for Newmarket Community Development Corporation/Fraternal Order of Eagles/Town of Newmarket/Newmarket Mills, LLC as complete.
Seconded: Val Shelton
Vote: All in favor
Action
Motion: George Willant made a motion to continue the application for Newmarket Community Development Corporation/Fraternal Order of Eagles/Town of Newmarket/Newmarket Mills, LLC to the August 11, 2009 Planning Board meeting.
Seconded: Rick McMenimen
Vote: All in favor
The Board set up the site walk for July 21, 2009 at 6:00 p.m. Everyone will meet at the Suflex entrance. Val Shelton suggested parking in the old Regal parking lot so the members could get a feel for crossing Route 108.
Town Planner Diane Hardy noted the site walk is open to the public.
New Business/Old Business
Val Shelton suggested the Board consider the comments made on the lack of crossing at the Elm Street and Main Street intersection. She asked Councilor Botterman to bring this subject up at a Town Council meeting.
Eric Botterman noted in his personal opinion sidewalks and crosswalks in that location would not be safe. He would bring it to the Town Council but was certain this had been discussed during the Main Street reconstruction project.
Shoreline Protection Act
Town Planner Diane Hardy noted she has prepared the application for exemption from the Comprehensive Shoreline Protection Act (CSPA) and had submitted it to the New Hampshire Department of Environmental Services on Friday. There is a 60-day review period for the NH Office of Energy and Planning and the NH Department of Environmental Services to comment on the application.
Adjournment
Action
Motion: Rick McMenimen made a motion to adjourn at 9:25 p.m.
