Present: John Badger (Chairman), Eric Botterman (Town Council representative), Diane Hardy (Town Planner), Rick McMenimen (Alternate), PeterRoy (Vice-Chairman), Adam Schroadter (Alternate), Val Shelton, Eric Weston
Absent: Janice Rosa, George Willant were excused
Chairman Badger called the meeting to order at 7:00 p.m.
Pledge of Allegiance
Public Comments
Chairman Badger appointed Rick McMenimen and Adam Schroadter to sit in for Janice Rosa and George Willant for tonight’s meeting.
Review and Approval of Minutes: 12/08/09
Vice-Chairman Roy explained Justin Normand’s name had not been listed as absent.
Town Planner Diane Hardy noted Phil Nazzaro’s name had been misspelled.
Action
Motion: Rick McMenimen made a motion to accept the December 18, 2009 minutes as amended.
Seconded: Vice-Chairman Roy
Vote: All in favor – Val Shelton, John Badger, Eric Weston abstained
Chairman Badger, Val Shelton and Eric Weston abstained from the vote because they had not been present at the meeting.
Regular Business
Lamprey River Watershed Association – representative will talk about the proposal to nominate the rest of the Lamprey River to the NH Rivers Management and Protection Program and what this means to Newmarket
James Hadley, volunteer Chairman of the Lamprey River Nominating Committee explained there was a conference in Nottingham in June 2009. It was suggested at that meeting that the Lamprey River Watershed Association (LRWA) move forward with a proposal to nominate the non-designated portions of the Lamprey River to the NH Rivers Management and Protection Program. The nomination package will include the upper part of the river, the coastal basin and tributaries. He referenced a letter submitted to the Planning Board, Conservation Commission, and Town Council asking for letters of support.
Dawn Genes, Executive Director of the LRWA made a PowerPoint presentation explaining the process of nominating the Lamprey River and major tributaries to the New Hampshire Rivers and Management Protection Program. She discussed the importance of corridor-wide planning. The purpose is to protect unique New Hampshire rivers for the benefit of present and future generations through state and local resource management. She discussed the Comprehensive Shoreline Protection Act as well as other benefits for designated rivers. She discussed the process of preparing the nomination including a detailed resource assessment, the classification of river segments, a map of proposed corridor, and documentation of community support and notification of local officials. There have been discussions about holding the public hearing in Newmarket once the nomination package is prepared; there will also be public hearings at the NH House of Representatives and Senate levels. She discussed the role of the Rivers Management Advisory Committee in the process.
Val Shelton asked if portions of the river that are less than 3 miles would fall under the category of a ‘community’ river. Laura Weit, Acting Rivers Coordinator of the New Hampshire Department of Environmental Services (NHDES) explained for the “community” river designation the distinction is one mile, not three miles. They will examine each segment of the river as a whole and classify it based on its values and characteristics.
Town Planner Diane Hardy asked what the classification of the river through Lee and Durham was and if they projected the classification of the river in Newmarket to be the same. The main stem from Epping-Lee to the Durham-Newmarket town line is a “rural river”. Laura Weit suggested the classifications refer to land uses around the river. She discussed the different classifications and wasn’t sure without doing the analysis what the portion of the River in Newmarket would be classified as.
Chairman Badger asked whether the Comprehensive Shoreline Protection Act would apply to the entire river. Dawn Genes explained the Comprehensive Shoreline Protection Act already applies to the river. It applies to all rivers, meaning all year-round flowing waters of fourth order or higher. In Newmarket, that includes the tidal waters, including Great Bay, Lamprey River, and Lubberland Creek, the Lamprey River impoundment, non-tidal portion of the Lamprey River and the Upper Narrows. Val Shelton suggested under the newly adopted Comprehensive Shoreline Protection Act that it also extends to the Piscassic River. That was confirmed.
Val Shelton noted the Conservation Commission had several concerns relative to the lack of concrete information available on how this would affect Newmarket private landowner property rights. She suggested Newmarket is very different along the river than Lee and Durham; Newmarket has a lot of development along the river corridor. She asked what effects water quality mandates would have at the outflow of the sewer treatment plant and whether there would be additional cost to the taxpayers to meet a higher water quality level. Dawn Genes stated that the EPA and NPDES programs regarding water quality standards for wastewater treatment would prevail regardless of whether the Lamprey River is part of the NH Rivers Management and Protection program. The Cocheco River runs through Rochester’s downtown area and was nominated and accepted. Laura Weit explained the classification is a public process; the nominating committee will determine the designation with public input. Any local land use decisions before this process begins remains in effect according to RSA 483. Riparian rights are still in existence and residents will be able to continue to use the water as they have been. There are no provisions in the Rivers Management and Protection Program that deals with changing wastewater standards.
Val Shelton asked what kind of State permits would be needed. There would be no new permits; the program reinforces existing state and federal programs. Laura Weit explained there are already permits for dams, hydroelectric power facilities, Alteration of Terrain, wetlands permits, shoreline protection permits, and solid waste and hazardous waste facilities. Val Shelton asked if any local landowner requiring a wetlands permit would need to go through this local committee for review. Laura Weit stated the landowner could go through the watershed advisory committee and NH DES simultaneously.
Val Shelton asked about local involvement noting Newmarket is struggling to get a representative on the Lamprey River Advisory Committee. She suggested it would be important to get the public interested since this position has been open for over a year. Sharon Meeker noted there could be up to four (4) representatives from Newmarket; there is currently one. She added if the river is nominated and accepted, they could review the number of committees dealing with the Lamprey River and possibly combine and eliminate some in an effort to more effectively manage the river.
Val Shelton asked if a copy of the “streamwalk” (inventory of the river) could be made available to the Conservation Commission. Sharon Meeker stated that would be made available; She stated there is also an example of the Wild and Scenic Management Plan for Lee and Durham available on the following website: www.lampreyriver.org.
Dawn Genes explained the Lamprey River Watershed Association is a 501-3c non-profit organization concerned with the entire watershed. Sharon Meeker added there is a DVD, which recaps the watershed conference held this past June. Town Planner Diane Hardy explained that watershed conference has also been running on our local PEG channel, Channel 13.
Val Shelton asked if the PowerPoint presentation could be sent to the Conservation Commission members via email. Town Planner Diane Hardy noted she has drafted a letter of support. She suggested during Old Business at a future meeting Val Shelton could report back the Conservation Commission’s feedback.
Eric Botterman noted he would like to know which properties would be affected by this. Town Planner Diane Hardy noted she could put together a buffer map. He asked what the repercussions would be if the Town did not participate in this program. Sharon Meeker explained Lee and Durham have participated since 1999. There have been times where funding is available because of the federal wild and scenic designation. The intent of this program is to assist towns with their river management and protection, not restrict them. Laura Weit agreed stating the river is a valuable resource asset to the town. Newmarket is the downstream end of the Lamprey; it is important to know what is going on upstream because any decisions made upstream will affect the water quantity and quality downstream. There would be plenty of opportunity to solicit public input throughout this process. She noted if there are concerns or if the Town is opposed, they wanted those letters to be included in the nomination packet as well. The NH DES Commissioner will review the entire nomination packet and will determine whether to go forward to the Legislature.
Vice-Chairman Roy asked why a town would not want to participate. Laura Weit noted often a Town does not have enough information or does not understand the program. For example, Lincoln opted out of the program because they felt the restrictions were too restrictive on the Pemigewasset River.
Eric Weston asked why there is a law if it is less restrictive. Laura Weit explained the law was written to authorize the creation of a Local River Management Advisory Committee and the writing of Local Rivers Corridor Management Plan. The Local corridor plans are adopted and implemented locally through the town’s zoning, subdivision, and site review regulations.
Adam Schroadter asked why Newmarket was not included in the program in the 1990s. Sharon Meeker noted she was unsure.
E. Sharon Copestakes – Request for waiver of impact fees on an accessory apartment. The property is located at 85 New Road, Tax Map R3, Lot 38-2, R1 Zone.
Sharon Copestakes referenced a memo she submitted to the Planning Board on December 21, 2009 explaining her husband had passed away in April 2007. She had gone before the Zoning Board of Adjustment for a Special Exception to permit an in-law apartment. She is asking for impact fees to be waived because there are no impacts on municipal services. Her sister and brother-in-law live in the main house while she lives in the in-law apartment. Neither family has school-aged children. The home uses a private well and septic system. She explained the in-law apartment has been designed well and in the future could suit a young professional couple but there is not room for children.
Action
+
Motion: Val Shelton made a motion to waive the impact fees on the accessory apartment located at 85 New Road, Tax May R3, Lot 38-2, R1 Zone as the ordinance for impact fees does not apply to accessory apartments.
Seconded: Rick McMenimen
Vote: All in favor
Newmarket Mills, LLC. – Public hearing for an application for waiver of site plan review requirements at Main Street, Tax Map U2, Lot 366, M1 Zone. The proposal is for a waiver from full site plan review requirements to allow the creation of a commercial use on Floor 1 of Building N/N1 to include access to the full floor, plus the initial fit-up of a portion for retail, office and warehousing.
Jeff Clifford from Altus Engineering explained he is here on behalf of Newmarket Mills, LLC requesting a waiver from full site plan review. Under Newmarket Site Plan Review regulations, Section 1.05 includes requirements for a site plan review for minor projects. This proposed project was contemplated as part of the overall redevelopment project, which was approved with conditions in October 2009. He showed the layout of the property including the location of the proposed 5,500 square feet of office, retail and warehouse space in the N and N1 buildings. He discussed the improvements that will be made to the entrances including making the entrance ADA compliant. There is approximately 12,000 square feet of additional commercial space available for future use. Vandalism has been down since site work has begun; he hoped, with the addition of a tenant, vandalism would decrease even more. It is important to all property owners within this area to deter vandalism. The proposed use will not increase the intensity of vehicle or pedestrian traffic over the previous tenant, which was Suflex, which was located in the mill, until September 2008. There will be twelve employees; thirteen parking spots are proposed. There are an additional 200 parking spaces across the street in the lots behind the library. Parking will be confined and designated as the mill use expands. Active development helps show potential market for financing possibilities. He hoped for occupancy for February 1st. He explained there is a requirement to pave and stripe the parking lots but asked for this to be postponed for 90 days since there is still snow and the pavement is in disrepair. Access to the mills will follow the requirements and limitations set forth in the October 2009 approval. He suggested the elevator might be needed for this tenant due to the differences in levels. He noted Eric Chinburg would honor the commitments discussed relative to the elevator during the original site plan review process and subsequent approval. There is space available outside for a dumpster to be located next to the tank. Recycling will be maintained within the building. Delivery trucks will be mostly cube trucks with an occasional 18-wheeler.
Chairman Badger opened the public hearing at 8:13 p.m.
No comments.
Chairman Badger closed the public hearing at 8:13 p.m.
Town Planner Diane Hardy referenced her memo to the Board stating there is question as to whether Site Plan Review is applicable to this application. Section 1.05 discusses the applicability of Site Plan Review. Generally, site plan review is required if there is a change of use of a non-residential site which increases parking and traffic demand, expansion of non-residential floor space and site improvement alterations. She explained pursuant to Section 5.01 Waivers, the Planning Board may waive any portion of the regulations provided granting of the waiver is not:“detrimental to the public health, safety and general welfare; injurious to other parties; and inconsistent with the purpose and intent of the Site Review Regulations.” She recommended issuance of the waiver requested with the following conditions:
The parking area be paved and striped within 90 days of the approval.
The noise from the elevator be mitigated in the same fashion as was discussed as part of the Site Plan approval of October 27, 2009.
Temporary signage for ADA spaces be posted as noted on the plan.
Jeff Clifford noted the applicant would prefer not to have to pave the area yet because there will be other tenants coming. The pavement is in disrepair and striping could be difficult. He was not opposed to temporary signage to indicate parking.
Action
Motion: Eric Botterman made a motion to waive full site plan review for Newmarket Mills, LLC located at Main Street, Tax Map U2, Lot 366, M1 Zone because granting of the waiver will not be:“detrimental to the public health, safety and general welfare; injurious to other parties; and inconsistent with the purpose and intent of the Site Review Regulations” with the following conditions:
Striping of parking spaces be done within 90 days
Temporary signage be installed to indicate handicap accessible parking.
Noise from the elevator be mitigated in the same fashion as was discussed as part of the Site Plan approval of October 27, 2009.
Seconded: Vice-Chairman Roy
Vote: All in favor
New Business/Old Business
Discussion of Floodplain and Shoreland Regulations
Cynthia Copeland, Executive Director of Strafford Regional Planning Commission explained over the last couple of months she has worked with Town Planner Diane Hardy on updating the flood management section of the regulations. She explained the New Hampshire Office of Energy and Planning had visited Newmarket last year looking at the zoning ordinance, and site plan and subdivision review regulations pertaining to flood plain management. Representatives had spoken with Town officials to see how information was collected, processed and legally recorded. The Office of Energy and Planning (OEP) had presented recommendations to the Town on changes that are needed in order for Newmarket’s program to remain in compliance with minimum federal requirements. Compliance with the minimum standards is required in order for Newmarket’s residents to be able to purchase flood insurance. Flood insurance is not available through private insurers. It is only available through the federal government, through FEMA, and Newmarket needs to comply with the minimum standards in order to participate in the FEMA program. There have been changes in state and federal regulations relative to the flood program; specifically how FEMA looks at flood mapping. The recommendations have been applied throughout the zoning ordinances and regulations.
She discussed the changes and how to integrate other changes such as updates to the Comprehensive Shoreline Protection Act. She explained the changes that are being proposed would bring the Town into compliance. The Strafford Regional Planning Commission has done a zoning overlay showing zoning districts located within the 100-year flood plain. She discussed the changes made throughout the zoning ordinance and regulations including changing Code Enforcement Officer to Building Official; definitions have been updated and some have been removed; base flood has been redefined.
Town Planner Diane Hardy explained the recommended changes need review and recommendation from the Planning Board before forwarding to the Town Council for adoption. It has been previous practice of the Planning Board to hold a public hearing for public input before forwarding their recommendation to the Town Council. The Town Council also has it own policy on how to handle zoning changes. Chairman Badger noted the Planning Board could change subdivision and site plan review regulations following public hearing and public notice without approval from the Town Council.
Rick McMenimen asked if these changes were made if it would impact existing housing and associated structures. Town Planner Diane Hardy explained the replacement of existing structures would need to comply with the changes.
Town Planner Diane Hardy explained with the exception of M1 and M2 Districts no houses can be built within the flood zone, as it exists now.
Eric Botterman noted he disagreed with a couple definitions. He felt if flood zones change, property owners should know so they can be grandfathered in for flood insurance. It was noted that the flood zones are not being changed.
Val Shelton questioned whether the amount on page 7 should be quoted or removed. The Planning Board agreed it should be removed.
Val Shelton asked whether a permit would be required to construct on a portion of land not located within an overlay district if there was a portion of that same land that was located within an overlay district. A building permit would be required but the applicant would not have to comply with the flood plain regulations if the building did not fall within the zone.
Eric Botterman noted there is no base flood elevation provided by the federal government. He expressed his concern with asking residents to provide information the Town itself cannot provide. Town Planner Diane Hardy noted there are no base flood elevations for the entire town. Eric Botterman noted it is important to ask applicants to provide information consistent with the information the Town is using. He noted he would send Town Planner Diane Hardy an e-mail tomorrow regarding which datum to use. (NGVD 1929 or NAVD 1988)
Chairman Badger suggested forming a subcommittee. Eric Botterman and Eric Weston noted they would be happy to participate. Val Shelton asked for this information to be uploaded to the Town website.
Cynthia Copeland explained there is no adverse impact for implementing a flood management plan. She and Town Planner Diane Hardy have spoken about the Comprehensive Shoreline Protection Act and went through the comments Val Shelton made a year ago. Town Planner Diane Hardy had suggested forming a subcommittee. Cynthia Copeland suggested going back to the old-fashioned way of layering overlay maps. This work would be provided at no cost to the Town through SRPC funding. She felt it would be helpful to look at the maps to see how the overlay districts combine.
Val Shelton and Eric Botterman expressed their interest in participating in the subcommittee.
Cynthia Copeland explained within the year NH DES will be looking at and addressing waste load allocations. She explained point source and non-point source would be addressed.
Val Shelton asked if the Planning Board could revisit impact fees because they are supposed to be looked at every 5 years. Town Planner Diane Hardy suggested asking Planning Consultant Bruce Mayberry to come to the Board and provide an update. She explained impact fees need to be paid back to the applicant if not used within 6 years. She noted Bruce Mayberry had put together the original report on methodologies for assessing impact fees in 2001. The report has never been updated and should be. She has included money in this year’s budget, which could be used for this purpose.
Adjournment
Action
Motion: Vice-Chairman Roy made a motion to adjourn at 9:15 p.m.
