Present: John Badger (Chairman), PeterRoy (Vice-Chairman), Eric Botterman (Town Council representative), Diane Hardy (Town Planner), Rick McMenimen (Alternate), Justin Normand (Alternate), Janice Rosa, and Val Shelton.
Absent: Adam Schroadter (Alternate), Eric Weston, George Willant
Chairman Badger called the meeting to order at 7:01 p.m.
Pledge of Allegiance
Chairman Badger appointed Justin Normand to sit in for Eric Weston and Rick McMenimen to sit in for George Willant.
Public Comments
Review and Approval of Minutes: 10/13/09
Chairman Badger noted the minutes will be done at the next meeting.
Regular Business
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, 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.
Status: Continued from the October 13, 2009 Planning Board meeting.
Chairman Badger noted he would ask Vice-Chairman and member of the Technical Review Committee Peter Roy to lead the discussion for this application. He noted he appreciated the Technical Review Committee’s hard work in cooperation with Town Planner Diane Hardy.
Vice-Chairman Roy echoed Chairman Badger’s appreciation noting the service of the Technical Review Committee members (Peter Roy, Valerie Shelton and George Willant) along with Town Planner Diane Hardy was equal to that of the cooperation from the development team. There was also significant input and cooperation from Rivermoor Landing representatives.
Vice-Chairman Roy read the following:
“Based on a comprehensive process conducted by the Technical Review Committee, including public input and extensive review and consultation with various Town departments and Town engineers, and not being contrary to the purpose of our site plan regulations, the Technical Review Committee recommends the following motion:
“Motion to waive the following regulations required under the Town of Newmarket Chapter VI: Site Plan Review Regulations for the Site Plan application by the Newmarket Community Development Corporation/Fraternal Order of Eagles/Town of Newmarket/Newmarket Mills, LLC with a location at Main Street, Tax Map U2, Lots 365, 366, 367 in the M1 Zone and Tax Map U2, Lots 56c, 60A, 60B, and 61 in Zone B2 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 units at each of the two mill buildings, as well as space for public and non-residential uses and with parking provided on site and at lots on the west side of Main Street:
1. Section 3.01(C)(1) Driveway Widths and Right Turn Radii;
2. Section 3.02(B)(1)(a)[2] ADA parking stall dimensions;
3. Section 3.02(B)(1)(b) Parking lot design, minimum aisle width;
4. Section 3.02(C) Parking setback location;
5. Section 3.06(B)(1)(b) Landscaping within 10’ buffer;
6. Section 3.16 Outdoor lighting (20’ maximum height);
7. Section 4.08 Plan Scale;
8. Section 4.10(B)(2) Soils delineation
“as specifically requested by the applicant in a memo entitled “Waiver Requests Revision 3.0 September 24, 2009 Newmarket Mill Redevelopment, Newmarket, NH” and hereby incorporated into this motion.”
Vice-Chairman Roy noted the plan scale had been altered in an effort to fit the entire design on one sheet of paper.
Action
Motion: Janice Rosa made a motion to accept the motion as read by Vice-Chairman Roy.
Seconded: Eric Botterman
Vote: All in favor
Valerie Shelton read the following:
“After substantial review by the Planning Board, including due consideration of public input and Technical Review Committee comments, and being consistent with the General Provisions stated under Section 1.01 of the Town of Newmarket Site Plan Regulations and being in compliance with the Town of Newmarket Zoning Ordinance, the Technical Review Committee recommends a motion be made to approve the Site Plan Application by the Newmarket Community Development Corporation/Fraternal Order of Eagles/Town of Newmarket/Newmarket Mills, LLC with a location at Main Street, Tax Map U2, Lots 365, 366, 367 in the M1 Zone and Tax Map U2, Lots 56C, 60A, 60B, and 61 in Zone B2, 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 and with parking provided on-site and at lots on the west side of Main Street, all as shown on a Plan Set dated October 20, 2009 submitted by the applicant, with the following conditions:
An Easement Plan is to be recorded with the Register of Deeds which delineates all easements and rights-of-ways needed for implementation of the Site Plan of the Newmarket Mill LLC. Copies of all easement documents shall be provided to the Town for review and approval by legal counsel, prior to the signing of the plans. Such easements, shall include, but are not limited to:
Temporary Construction and Drainage Easements;
Reciprocal rights of access for residents of Rivermoor Landing and Newmarket Mills to use driveways , with exceptions as noted;
The rights of Newmarket Mills, LLC to use Lot U2, 60B (the Library lot) for access
Public easements allowing the public the rights to use the upper patio, courtyard and waterfront park
Existing environmental studies relating to lead paint, asbestos, other on-site hazardous materials and possible soil contaminants shall be submitted to the Town prior to application for building permit.
The applicant’s engineer shall provide a cost estimate for all off-site public improvements (including drainage improvements, utilities, sidewalk changes, crosswalks, signage, on-street parking, bump-outs, removal of overhead wiring, and completed North driveway entrance) to be approved by the Town’s engineer. A performance bond shall be posted in an amount satisfactory to the town’s engineer to assure proper construction and code compliance. In addition, the applicant will pay in advance for construction inspection and coordination services provided by the Town’s engineer.
Evidence that all relevant Federal and State permits relating to wetlands and highway access have been secured. Copies of all permits (and any corresponding conditions) shall be provided prior to the start of construction.
All work within the public right-of-way shall be coordinated with the Town and shall occur prior to the Town’s paving of the top course. Any underground utility work within the public right-of-way shall be completed by the developer no later than May 30, 2010 and the removal of overhead wiring along Main Street shall occur within 120 days of the town’s completion of underground wiring in the downtown.
Impact fees for the project (calculated in accordance with town regulations) shall be paid to the Town of Newmarket. It is expected that multiple Certificates of Occupancy (CO) will be issued over the period of build-out. Prior to the issuance of any Certificate of Occupancy, the pro-rata share of impact fee attributed to that portion of space for which the Certificate of Occupancy is requested shall be paid.
The applicant shall enter into a Developer’s Agreement with the Town of Newmarket, which includes findings of fact, special site plan approval conditions, the Town’s expectations prior to and during construction, requirements prior to the issuance of building permits, certificates of occupancy, scheduling and performance guarantees.
The following minor details to be addressed in final plan set prior to signing by the Planning Board Chairman:
Detail Sheet C-12: Remove “Red Painted” pavement from Crosswalk Type A detail to be consistent with the downtown.
The symbol for “Proposed Electric: in the Legend on C-6 is incorrect, it should be “PE”, rather than “E”, so as to be consistent with other legends in the plan set.
The text “Not for Construction” shall be removed from all drawings.
Action
Motion: Janice Rosa made a motion to accept the site plan application with the conditions as read by Valerie Shelton.
Seconded: Eric Botterman
Rick McMenimen asked if there would be a gate between the mills and Rivermoor Landing. Vice-Chairman Roy answered there would be no gate.
Janice Rosa asked if the developer has met with the Library Trustees with this new conceptual plan because the Trustees were working with an older plan. She wanted to ensure the Veteran’s Memorial Trust Committee and the developer for the Newmarket Mills would not infringe on each other’s plans. Jeff Clifford from Altus Engineering reviewed the plans shown to him by Janice Rosa and answered there would be no infringement. Eric Chinburg explained the plans for the second phase of commercial use across the street did include parking in the location discussed, but he assured the Board and Janice Rosa if that idea came to fruition, he would worked with the parties involved about the design at that time.
Town Planner Diane Hardy explained Underwood Engineers provided a letter today indicating they have reviewed the most recent set of plans dated October 20, 2009 including the lighting and agree with the revisions. No further comments were made at this time.
Vote: All in favor
Eric Chinburg thanked the Board and the Technical Review Committee for their productive, studious and careful review of the plans throughout the process. He felt this design has been done right and that through the cooperative efforts of the Town of Newmarket, the development team and with input from Rivermoor Landing a safe development would be built.
New Business/Old Business
None.
Adjournment
Action
Motion: Rick McMenimen made a motion to adjourn at 7:20 p.m.
