Present: PeterRoy (Vice-Chairman), Rick McMenimen (Alternate), Janice Rosa, Val Shelton, George Willant, Diane Hardy (Town Planner), Justin Normand (Alternate)
Absent: John Badger (Chairman), Eric Botterman (Town Council representative), Adam Schroadter (Alternate), Eric Weston
Vice-Chairman Roy called the meeting to order at 7:01 p.m.
Pledge of Allegiance
Public Comments
Review and Approval of Minutes: 02/09/10
February 9, 2010
Justin Normand noted he was present during this meeting.
Val Shelton explained on page 2, line 8, “spent” should be “spend.”
Rick McMenimen noted the definition of rivers is discussed under RSA 483.7-a and 483:9-(a) and (b). In the section pertaining to the review of the January 19, 2010 minutes Town Planner Diane Hardy explained that she was clarifying the minimum length of river segment under the “rural-community” designation is three miles and the minimum length of river section for the “community river” designation is one mile. So, if a section of river in Newmarket is less than three miles and greater than one mile, it would fall into the category of “community” river.
The Board discussed what the question would have been during this meeting. Val Shelton noted her question during the meeting would be whether sections of the river less than 3 miles would be designated as community.
Therefore, the minutes, as revised and as stated in the February 9, 2010 minutes, are correct and don’t need further edits.
Action
Motion: George Willant made a motion to accept the Planning Board minutes from February 9, 2010 as amended.
Seconded: Rick McMenimen
Vote: All in favor – Janice Rosa abstained.
Janice Rosa abstained from voting because she had not been present at the meeting.
Regular Business
Discussion: Lamprey River Watershed Community Assistance Program, Amanda Stone
Amanda Stone, from the University of New Hampshire (UNH) Cooperative Extension, explained the Natural Resources Outreach Coalition (NROC) is a group of organizations, which have worked together for ten years. This group works with communities within the coastal watershed on strategies for protecting natural resources. With her tonight are: Barbara McMillen, from the NH Department of Environmental Services; Julia Peterson, with the UNH Sea Grant Program; Steve Miller, from the Great Bay National Estuarine Research Reserve program; and Derek Sowers, from the Piscataqua Region Estuaries Partnership.
Amanda Stone explained NROC has been working with the Lamprey River Watershed Association. As part of their work, they have sent letters to all communities within the watershed offering each community a presentation on their environmental planning assessment. As part of the assessment, Newmarket’s ordinances were reviewed in terms of current environmental protections and recommendations were made for enhancing those environmental protections. The NROC team is available to help implement any recommendations including facilitation, technical assistance, education, and helping to provide financial resources.
Derek Sowers provided information for Board members and explained the State Estuaries Report of 2009, which tracked environmental trends throughout the region; eleven out of twelve of the indicators tracked show negative or cautionary trends, which indicate better environmental management is necessary. There are 52 towns that drain to the rivers in the region and ultimately to the Great Bay estuary. The assessment reviews gaps and inconsistencies in environmental protection, how towns are doing in terms of land conservation, and identifies efforts to improve environmental protection throughout the watershed. The first part of the assessment includes determining who is responsible for environmental planning in each town; is there a plan in place to work with developers on environmental impact mitigation; are there overlay districts on key identified habitats; are prime wetland designation standards being addressed and; are wetland boundaries established for protection.
The Board discussed wetland and shoreland delineations, definition and boundaries.
Derek Sowers discussed storm water management techniques, including rain gardens, porous asphalt, and on-site infiltration. He discussed drinking water supply protection, floodplain management, open space developments, and septic regulations. He suggested extending wetland buffers on the smaller streams and implementing local control over storm water management during developments, because state standards don’t kick in unless the development is quite large.
Town Planner Diane Hardy asked if there would be funding through the partnership for developing stormwater regulations. Derek Sowers explained there is another application process coming up in June 2010.
Town Planner Diane Hardy felt the presentation provided a comprehensive overview of our environmental protection program and an idea of how Newmarket stands in relation to neighboring communities.
Val Shelton explained the Planning Board just finished updating the Water Resources Chapter of the Master Plan. She suggested it would be a good step forward to provide Board members with a copy of the presentation from tonight’s meeting and to discuss it at a future meeting, after she has brought this information to the Conservation Commission for their discussion, as well.
Town Planner Diane Hardy noted she would be interested in seeing documents from other towns, which have adopted mandatory conservation subdivision ordinances. She suggested setting up a workshop in May to discuss some of these items that have been touched upon.
Applicant: Basset Hound Properties, LLC
Application: Public hearing for Lot Line Adjustment
Location: 25 Beech Street Extension, Tax Map U3, Lot 148, a .014 acre lot, and Town of Newmarket, Beech Street Extension, Tax Map U3 Lot 149-1, a .40 acre lot
Proposal: The proposal is to take .06 acres from Tax Map U3, Lot 149-1 and add it to Tax Map U3, Lot 148. Both lots are located in the M2 Zone.
Town Planner Diane Hardy explained the Board received a revised plan today addressing some of the comments made in her memo. There is also a request for a waiver relative to delineation of soils. Mr. Caprioli has provided information on the use of the property and utility locations. The 10-foot setbacks have been included appropriately on the plans. The land surveyor has provided information relative to the standards used for the plan. She felt the plan could be approved this evening given the conditions recommended. She noted the signature block should state the Chairman of the Planning Board approved the plan, since not all Board members sign the plan.
Action
Motion: George Willant made a motion to accept the application for Basset Hound Properties, LLC for lot line adjustment as shown on the plan as complete.
Seconded: Janice Rosa
Vote: All in favor
Val Shelton asked if the applicant was speaking for the Town on this matter as well, since there is Town-owned property involved. Town Planner Diane Hardy noted she has a letter signed by Town Administrator Ed Wojnowski authorizing Mr. Caprioli to present the application to the Planning Board. The Town Council has approved this boundary adjustment.
Action
Motion: George Willant made a motion to approve the application for Basset Hound Properties, LLC located at 25 Beech Street Extension for lot line adjustment as shown on the plan.
Seconded: Janice Rosa
Vote: All in favor
Applicant: Brandt Development Company of NH, LLC
Application: Subdivision
Location: 5 Spring Street, Tax Map U2, Lot 40, M2 Zone
Proposal: The proposal is to subdivide Lot 40 into two parcels. Proposed Lot 40-1 will have an area of 3,971 square feet and proposed Lot 40-2 will have an area of 4,079 square feet. Both parcels have existing buildings and are served by municipal sewer and water. Each parcel has been granted the variances required to create these separate lots.
Attorney Chris Boldt, from Donahue, Tucker and Ciandella, provided a PowerPoint presentation showing the development. He explained this presentation was shown to the Zoning Board of Adjustment in January. He discussed the history of the development. Approval for the variance has been obtained from the Zoning Board of Adjustment. The purpose of the subdivision is to turn the front building into condominiums for financial reasons. A draft mutual easement for access and maintenance of the common parking area will be provided to the Town’s legal counsel prior to plan signing. There are utility easement documents that will be created for the utilities, which will be submitted. He noted various Town departments recently reviewed this plan for the certificate of occupancy; he hoped another review would not be required. He added recent weather events have also kept Town departments much busier than usual, not allowing time for this plan to be reviewed.
Town Planner Diane Hardy noted an out-of-town inspector, who was filling in for Newmarket’s Code Enforcement Officer Dan Vincent while he was away on vacation, had approved the Certificate of Occupancy. There are some additional items that still need to be addressed, including screening for the dumpster; parking lot to be striped including an area where no cars are allowed; and the landscaping has also not been done. She would like to see assurance from the Applicant these items will be addressed in a timely manner.
Owner Henry Brandt agreed to all the items raised by Town Planner Diane Hardy and added the weather has put a temporary hold on much of the site improvements, but they will be completed shortly.
Val Shelton noted the approval would allow this lot to be subdivided for condominiums. She asked whether there would be additional steps taken to subdivide the lots into condominiums or whether that was required under the Town’s subdivision regulations. Attorney Chris Boldt explained some towns want to see these documents and some towns do not. As part of the purchase agreement(s), owners of the condominiums will receive documents speaking to the ownership rights. The rear building cannot be made into condominiums. The owner of the rear building will need to work cooperatively according to the legal documents with the condominium owners.
Town Planner Diane Hardy explained Newmarket’s definition of subdivision includes references to “condominium conveyance.” She felt condominium conveyance would require this to come back to the Planning Board for a subdivision approval before the condominiums can be conveyed.
Action
Motion: Val Shelton made a motion to accept the application for review from Brandt Development, LLC located at 5 Spring Street, Tax Map U2, Lot 40 M-2 Zone for subdivision to subdivide Lot 40 into two parcels. Proposed Lot 40-1 will have an area of 3,971 square feet and proposed Lot 40-2 will have an area of 4,079 square feet. Both parcels have existing buildings and are served by municipal sewer and water. Each parcel has been granted the variances required to create these separate lots.
Seconded: Janice Rosa
Vote: All in favor
Val Shelton noted the applicant is requesting a waiver from Section 4.1 relative to setbacks and a waiver relative to contours being shown on the plan. Town Planner Diane Hardy noted the waiver the applicant is requesting was from additional review from Town departments. Attorney Chris Boldt explained the application includes waivers for all three items. Town Planner Diane Hardy noted there has been concern from abutters relative to drainage; she would like to see the contour lines on the plan.
Action
Motion: Val Shelton made a motion to waive Section 4.10 (d) pertaining to setback lines, Section 4.10 (b)(1) relating to two-foot contours to be shown on the plan and Section 2.04 (a)(5) regarding notification and comment from Town Officials.
Seconded: Rick McMenimen
George Willant asked what Town Officials would be notified and asked to provide comments. Town Planner Diane Hardy explained Fire, Police, Water and Sewer, and Code Enforcement. Henry Brandt explained all of the required departments have signed off on the construction on the apartments within the past couple of weeks; nothing has changed, since then.
Vote: All in favor
Action
Motion: Val Shelton made a motion to approve the subdivision application requested by Brandt Development, LLC for 5 Spring Street creating proposed lot 40-1 and lot 40-2 subject to the following conditions:
The surveyor’s certification being revised and signed on the plan
The applicant will provide satisfactory easement documents for review and approval by the town’s legal counsel pertaining to access, maintenance and insurance responsibilities.
Seconded: George Willant
Vote: All in favor
New/Old Business
Review of Flood Plain, Aquifer Protection and Shoreline Protection regulations---set up a public hearing.
Town Planner Diane Hardy explained she had hoped to get new maps of the aquifer protection zone for the new wells for the Board, but that had not happened; she would like to take up this up for discussion at the next meeting.
Cynthia Copeland noted the Town Administrator has entered into a friendly challenge with Dover and Durham relative to census forms. The town with the highest number of participation will have the other two towns wash their fire apparatus. She explained in addition to this friendly challenge, answering the census is important because it equates to $1,155 per person annually for funding for the community.
Town Planner Diane Hardy explained, during the last Planning Board meeting, there had been questions about which standards Newmarket would use in terms of the vertical datum; the choices being the 1929 National Geodetic Vertical Datum (NGDV) or the North American Vertical Datum (NAVD). Eric Botterman had suggested making the standards consistent throughout the ordinances and regulations and had partnered with Eric Weston to work on this issue. Newmarket’s flood elevation data and maps are based on the 1929 NGDV. The committee discussed how to make this information available to those coming in for plan review. She drafted language for both subdivision and site review regulations clearly identifying what information is required. This language would be included under Section 3.13 of the Subdivision Regulations relating to Flood Plain Management. This information was also added to the Site Plan Regulations under Section 3.12. The subcommittee is recommending the Planning Board move forward with the revised Site Plan and Subdivisions regulations as shown in the draft that was made available prior to the meeting. Cynthia Copeland has made some editorial changes to the Zoning Ordinance as outlined at the last meeting. Diane Hardy added Chris Northrop from the New Hampshire Office of Energy and Planning (OEP) had suggested one further definition be added under recreational vehicles. The recommendation is to add the following language with reference to Section 7 (b): to clarify: “A recreation vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utility or security devices; it has no permanently attached additions.”
Val Shelton noted there is a definition for recreational vehicles in this section. She asked if the Board should adopt this language as the new definition. Cynthia Copeland explained she intended to make this change. Town Planner Diane Hardy explained this is speaking to a special type of recreational vehicle, not all recreational vehicles. Val Shelton felt the definitions should be contained within the definition section of the document.
Town Planner Diane Hardy explained in the old definitions section, flood hazard boundary maps are discussed; this language is not relative to Newmarket and should be removed.
Town Planner Diane Hardy noted references to the North American Vertical Datum (NAVD) should be removed.
George Willant felt there should be two definitions for recreational vehicles; one definition should reference recreational vehicles that are licensed and highway ready. The Board discussed both definitions. Rick McMenimen felt the definitions as they stand suggest residents must meet A and B or C.
Town Planner Diane Hardy noted, if the Board agrees with the changes as made, this needs to be moved to a public hearing before acceptance.
Action
Motion: George Willant made a motion to move the revisions to the flood plain subdivision regulations, flood plain site plan regulations and flood plain protection overlay district ordinance to the next Planning Board meeting for public hearing.
Seconded: Rick McMenimen
Action
Motion: Val Shelton made a motion to amend the stated motion to include the following changes to the documents:
The definition for flood hazard boundary map be deleted
The definition for ready for highway use be amended as suggested by the Office of Energy and Planning
References to the North American Vertical Datum be deleted
Seconded: George Willant
Vote on amendment: All in favor
Vote on amended motion:All in favor
Town Planner Diane Hardy explained the term “Building Official” needed to be used consistently throughout the documents and suggested the language drafted previously also be included in the public hearing draft of the proposed Zoning Ordinance.
Action
Motion: George Willant made a motion to move the zoning ordinance definition change for building official to the April 13th Planning Board meeting for public hearing, as well.
Seconded: Val Shelton
Vote: All in favor
Cynthia Copeland explained Val Shelton has done a lot of work on addressing changes to the regulations relative to changes and updates to the State Comprehensive Shoreland Protection Act (CSPA). She met with Val Shelton, Eric Botterman, and Town Planner Diane Hardy to discuss the changes and revisions. She discussed changes to the document, State requirements, Newmarket ordinances, and neighboring communities’ regulations. She discussed several organizations, which had included valuable information to this document. The Piscassic River is one of the rivers now designated by the State subject to the Comprehensive Shoreland Protection Act. She suggested adding the State language in areas throughout the town’s document, in an effort to better coincide with State regulations.
The Board discussed the urban exemption recently approved by the NH DES and how to best apply it to this document.
Cynthia Copeland discussed the shoreland maps and the different overlay zones incorporated on the map the SRPC has provided. The map provides valuable information about protection overlays. She is working on deciphering the information to ensure it is working well for Newmarket.
Val Shelton explained it is the Committee’s intent to update this document based on Planning Board input. The underlying issue is Newmarket’s current shoreline regulations are inconsistent with the Comprehensive Shoreland Protection Act (CSPA). She suggested having further discussion on this issue during the April meeting, with the hope of moving it to public hearing for May. The committee will meet again to work out the language for the next meeting.
Janice Rosa noted this would affect a lot of property owners and hoped residents would come to the public hearing to hear what is being proposed and have any of their concerns addressed.
Town Planner Diane Hardy noted there was a letter drafted in support of the Lamprey River designation to the New Hampshire Rivers Management Protection Program. The Conservation Commission had a discussion about it this past Thursday night. There will be a public informational meeting scheduled for April 8th at 7:00 p.m. She suggested The Planning Board defer action on this letter until after the public informational meeting. Planning Board members are invited to attend the April 8 meeting.
Town Planner Diane Hardy explained the Office of Energy and Planning is having their annual spring conference on Saturday, May 8th.
Rick McMenimen noted the pedestrian bridge is item number 35 of 52 in the most recent ranking by the New Hampshire Department of Transportation. Town Planner Diane Hardy explained the NHDOT statewide Transportation Enhancement (TE) advisory committee would evaluate all the applications and presentations before making its recommendations to Commissioner Campbell who will make the final decision on what projects are funded. Newmarket’s presentation will be made on March 26th.
Rick McMenimen explained House Bill 2916 is before the House. It is relative to alternate members of land use board being able to sit in and participate during the meetings.
Adjournment
Action
Motion: Janice Rosa made a motion to adjourn at 9:54 p.m.
