Present: John Badger (Chairman), Eric Botterman (Town Council representative), Diane Hardy (Town Planner), Rick McMenimen (Alternate), Janice Rosa, PeterRoy (Vice-Chairman), Val Shelton, George Willant
Absent: Adam Schroadter (Alternate), Justin Normand (Alternate)
Chairman Badger called the meeting to order at 7:02pm.
Pledge of Allegiance
Public Comments
Review and Approval of Minutes: 03/16/10
March 16, 2010
Vice-Chairman Roy noted on page 10, line 8 the last word of the line was misspelled.
Val Shelton noted on page 5, line 18, Henry Brandt should be recognized as owner. Line 23 on the same page should read: “additional steps taken to subdivide the lots into condominiums.” Line 38 should read: “Val Shelton made a motion…” Page 7, line 36 “intend” should be “intended.”
Rick McMenimen noted Justin Normand’s name had been left off the attendance. On page 9, line 21 CSPA is used while later on in the paragraph the explanation of what CSPA is clarified.
Action
Motion: Vice-Chairman Roy made a motion to accept the minutes as amended.
Seconded: Eric Botterman
Vote: Chairman Badger abstained – All others voted in favor
Chairman Badger explained he abstained from voting because he had not been present at the meeting.
Regular Business
Chairman Badger appointed Rick McMenimen to fill the vacant full board member seat for this meeting.
Applicant: John & Linda Raczek
Location: 29 Ash Swamp Road, Tax Map R3, Lot 17-1, R1 Zone
Request: Requesting a waiver of impact fees for an additional unit. The Zoning Board of Adjustment granted a variance allowing the single family residence to become a duplex.
John Raczek explained several years ago his wife’s mother moved into their home. After a few years, he came to the Town to remodel the home to include a separate living space for his mother-in-law. He explained there had been some miscommunication and he had constructed the new area on the same foundation footprint, but had exceeded the maximum of 800 square feet allowed for accessory apartments. He had worked with Zoning Administrator Dan Vincent to try to reduce the square footage of the apartment, but had been unable to do so. The Zoning Board of Adjustment had eventually approved the single-family home to become a duplex, with the stipulation, when his mother-in-law no longer needs the apartment; the second unit is renovated back into the single family home. He explained there would be no impact on the school system, because she will not be having more children and, after she is no longer living there, the space will become part of the single-family home again.
Action
Motion: Janice Rosa made a motion to waive the impact fees for property located at 29 Ash Swamp Road, Tax Map R3, Lot 17-1, R1 Zone subject to the applicant submitting an opinion letter from a real estate professional stating given the temporary nature of the apartment there would be minimal demand for municipal and school services.
Seconded: Vice-Chairman Roy
Eric Botterman asked why obtaining a letter from a real estate professional would be required. Town Planner Diane Hardy explained in Newmarket’s Impact Fee Ordinance there are special conditions that must be met in order for the Planning Board to waive impact fees.
Vote: All in favor
Applicant: 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.
Request: Request for extension of site plan approval for the redevelopment of the Newmarket mill buildings to include residential units at each of the two buildings, as well as space for public and non-residential uses.
Eric Chinburg explained he had submitted a letter to Town Planner Diane Hardy explaining why more time was needed. He noted great progress has been made, including securing a tenant in the building. He continues to work on financing fronts including federal historical tax credits and Newmarket’s historical tax credits. There are several financial institutions interested in financing the remainder of the project. He continues to work with PSNH on the removal of poles that should have been removed as part of the downtown project. Negotiations with Rivermoor Landing continue and should be finishing up within the month. He explained two applications needed to be submitted to DES. Rivermoor Landing’s signing of the application to DES hinged on the easement plan. The application has since been signed.
Town Planner Diane Hardy asked about discussions regarding a new gate being installed. Eric Chinburg explained Rivermoor Landing’s primary concern throughout the application process has been to minimize traffic behind their building. He offered to restrict his tenant’s use of travel through that area by installing a gate, to which his tenants will have a remote to activate and open the gate.
Chairman Badger recalled discussions from the Technical Review Committee relative to traffic calming measures on the north exit. Eric Chinburg explained there will be a bump out so people cannot turn left.
Chairman Badger asked about the development behind the library. Eric Chinburg noted there was a letter of intent, but it has not been exercised. The grocer he had been working with had been hoping to come to an agreement with the Polish Club relative to shared parking. With that option not available, the parking deck is the only other option, but at this time it is not feasible given the terms that were agreed upon to lease the property. He is speaking with grocers now who are looking for a slightly smaller footprint.
Town Planner Diane Hardy noted Eric Chinburg has responded to DOT comments recently and hoped those comments would be coming forth soon. Eric Chinburg explained Jeff Clifford, the Project Engineer, has been handling the comments. The comments from DOT seem to not be substantive; he expects that part of the project will be resolved shortly.
Val Shelton asked if the conditions of approval for the shoe store have been met. Eric Chinburg felt the utility work the mill redevelopment would need should not interfere with the paving the Town has scheduled. He has been working closely on this project.
Eric Botterman noted he had spoken with the Town Administrator last week to ensure someone from the Town was working with Eric Chinburg to ensure the schedules were clear and coincided. He had heard there was an issue with the conduits in that area and asked if that would be a problem. Eric Chinburg explained the conduits between the mills and the Eagles’ building are not sufficient in size. This will not be an issue, because the conduit on the northern end of the property will be used instead.
Action
Motion: Eric Botterman made a motion to grant a six month extension to October 27, 2010 for Newmarket Mills, LLC located at Main Street, Tax Map U2, Lots 365, 366, 367, M1 Zone and Tax Map U2, Lots 56C, 60A, 60B, 61, B1 Zone as requested.
Seconded: Janice Rosa
Vote: All in favor
Public Hearing to amend Title III: Land Use Code and Regulations, Chapter IV: Zoning Ordinance, Chapter V: Subdivision Regulations and Chapter VI: Site Plan Regulations in accordance with RSA 675:2, 675:6, and 675:7. The purpose of these amendments is to bring Newmarket into full compliance with the minimum requirements of the National Flood Insurance Program (NFIP). Proposed amendments are described on the public hearing notice posted at the Town Hall, Post Office, Town website and printed in Foster’s.
Chairman Badger opened the public hearing at 7:32pm.
There were no comments.
Chairman Badger closed the public hearing at 7:32pm.
Cynthia Copeland explained State staff and members of the Office of Energy and Planning visited Newmarket and reviewed regulations and ordinances resulting in recommendations being made to bring Newmarket’s ordinances and regulations into complete compliance with the federal regulations.
Chairman Badger explained this is important to Newmarket residents, because this would allow residents to be eligible for federal flood insurance.
Rick McMenimen offered editorial corrections. Town Planner Diane Hardy explained changes were made to clarify Newmarket uses the 1929 Flood Addendum, so modifications were made to the subdivision review.
George Willant asked about the definition for recreational vehicles ready for highway use. He felt the definitions should be consistent throughout. Val Shelton noted the motion at the last meeting was to keep definitions consistent with the Office of Energy and Planning definitions. She asked if these changes have been made. Town Planner Diane Hardy explained the definition changes refer to the letter received by the Office of Energy and Planning.
Janice Rosa asked about the accuracy of the maps explaining there are no wetlands on her property, but the map shows wetlands. Eric Botterman explained the maps are not designed to be considered 100% accurate. The maps are used as a guideline. If a property owner was to do any development, a wetland scientist would review the documents and walk the property. Janice Rosa expressed her concern about the maps being inaccurate and holding homeowners responsible for disputing the information.
Val Shelton explained if residents’ properties are shown on these maps, there is a process to go through for flood insurance. Eric Botterman added current zoning does not allow construction within a flood zone.
Town Planner Diane Hardy explained if the Planning Board approves these changes the Board will send this to the Town Council with a recommendation. The Town Council will hold a public hearing and will ultimately vote whether to adopt the amendments.
Action
Motion: George Willant made a motion to move the amended zoning ordinance Chapter IV to the Town Council for review and adoption.
Seconded: Eric Botterman
Vote: All in favor
Action
Motion: Val Shelton made a motion the Planning Board adopt the proposed amendments for Chapter V of Newmarket Subdivision Regulations and Chapter VI of the Site Plan Review Regulations.
Seconded: George Willant
Vote: All in favor
New Business/Old Business
Chairman Badger noted he received a resignation from Eric Weston yesterday afternoon; He was elected last year, so the term now open is for two years. Town Planner Diane Hardy explained the Planning Board would fill the position until the next regular election, which will be held May 12, 2010. She explained the filing period for this year has already closed. The Planning Board can appoint a replacement at its May meeting to complete the year until the next available elections.
Discussion:
Development of new storm water regulations;
The preparation of a citizen guide to protecting its water resources as follow-up activities in response to the Water Resource Master Plan recommendations
Chairman Badger explained these discussions are a follow up to the Water Resource Master Plan recommendations. Town Planner Diane Hardy explained she had received a follow up memo from Amanda Stone from NROC (Natural Resource Outreach Coalition) providing the Board with a summary based on the discussion. The two projects that generated interest included the development of storm water regulations and a citizens’ guide. She noted Board members had received a copy of Kingston’s citizens’ guide. In June, the Board can apply for a grant through the Piscataqua Region Estuarine Partnership to complete a similar guide for Newmarket. She noted Val Shelton was going to speak with the Conservation Commission to see if they would be interested partnering on this project with the Planning Board. The other project was working on storm water regulations and writing a grant to possibly hire a consultant to work with the Board over the next year to provide guidance while the Board reviewed and updated storm water regulations. Amanda Stone has offered to come to a Planning Board workshop to make a presentation on storm water management.
Val Shelton noted she had made a recommendation at the last meeting after the presentation for the Board to revisit the water resource chapter priority list and parties responsible. She suggested, out of respect to those who worked hard on that project for many years, the Board should work off the recommendations and priority list contained within the document.
The Board discussed the time line and process for further discussion on both subjects. Chairman Badger asked for this to be on the agenda for May. Town Planner Diane Hardy suggested the May meeting is the organizational meeting; she felt setting up a workshop might be a better idea.
Cynthia Copeland explained she began her position in July 1999. One of the first meetings she attended was at the Newmarket Town Hall hosted by NROC on water resources. This project has been ongoing for eleven years.
The Board set up a workshop for May 4th at 7:00pm. Town Planner Diane Hardy suggested inviting Water and Sewer Superintendent Sean Grieg and the Conservation Commission to attend the workshop. Eric Botterman suggested inviting Public Works Director Rick Malasky as well.
Shoreland Protection Regulations
Town Planner Diane Hardy explained the Board has been working on this for several months. She has been working with Val Shelton, Eric Botterman and Cynthia Copeland. The last meeting was a couple weeks ago, where it was clarified what needed to change within the regulations to make them compliant with state and federal regulations including the Comprehensive Shoreland Protection Act. A draft was sent to Board members for review.
Val Shelton explained the main changes include coming into compliance with State RSA, with the exception certain regulations will still apply to the urban exemption area including fertilizations. The existing 125’ set back requirements will remain.
Town Planner Diane Hardy explained the next step would be for the Board to set up a public hearing. Chairman Badger suggested putting this on the May agenda. Town Planner Diane Hardy explained this is an amendment to the ordinance, so it will be forwarded to the Town Council after recommendation by the Planning Board.
Action
Motion: George Willant made a motion to move the draft Shoreland Protection Overlay District Ordinance to public hearing at the next Planning Board meeting scheduled for May 18, 2010.
Seconded: Janice Rosa
Vote: All in favor
Val Shelton explained the Conservation Commission does have a copy of the draft document. She will ask for this to be put on the Conservation Commission agenda for May 7th so the Planning Board will have comments prior to the public hearing.
Letter of Support regarding nomination of the Lamprey River to the NH River Management and Protection Program
Chairman Badger explained there was a hearing on April 8th at the Conservation Commission meeting. Val Shelton explained members from LRAC (Lamprey River Advisory Committee) and DES (Department of Environmental Services), as well as other interested parties attended the public hearing. Members of the public also included residents from other towns expressing concerns about smaller tributaries being affected that are not currently covered under the Shoreland Protection Act. The extra steps on any DES application would include submitting additional information to the Lamprey River Advisory Committee before continuing on to DES. The Conservation Commission elected not to vote at the meeting last week whether to issue a letter of support. Further discussion will take place during their May 13th meeting. She explained there was concern relative to the classification of the rivers. For Newmarket, the classification for the Piscassic River portion would be considered rural. She explained the difference between rural and rural community. If the Planning Board moves forward on this issue, she recommends making modifications to the proposed letter of support. She suggested the letter of support be conditioned upon the classification of both the Piscassic River and the Lamprey River be designated as rural community and community. She noted Newmarket has some pretty significant residential areas along the river existing. Town Planner Diane Hardy explained there is no control over local zoning despite the designation and classification. Val Shelton suggested rural community more closely matches Newmarket’s development along the river.
Cynthia Copeland noted Val Shelton made a valid point explaining the Cocheco River, which was classified last year, contains two community portions. She felt it would be good to add these points to the letter of support.
Eric Botterman felt the Planning Board should wait to send the letter of support until the Conservation Commission votes whether to support it. He understood this was an advisory committee, but felt this would be another layer of government that may not need to be added. He felt there were sufficient regulations in tow to protect Newmarket’s resources.
Chairman Badger noted he had attended the meeting. He had heard comments relative to Eric Botterman’s concern. Attorney Richardson had felt this document would reinforce federal and state laws already in existence. He had heard comments at the meeting which indicated the additional step would not delay applications submitted to DES. He questioned whether this additional layer of regulation would cause additional burden to Town employees.
George Willant explained the advisory committee is made up of representatives from all communities within the watershed. If something is happening in another town, Newmarket has the ability to hear what is being proposed and how it will affect Newmarket and its residents. He felt this would provide a global view of what is happening within the watershed. He didn’t see this as being a lengthier process, but rather a more efficient process. He did not see a downside to this. Once an application is submitted for review, DES has a timeframe as to when that application needs to be reviewed and sent back to the submitter with comments. He did not see this process slowing down with the additional protection.
Town Planner Diane Hardy explained before she came to Newmarket, she worked for the Town of Merrimack. The Merrimack River is part of the New Hampshire Rivers Management Protection Program. There was a local advisory committee that would receive plans, if plans were requested. The developer/applicant would bear the burden of any additional cost. The advisory committee usually came forward with recommendations that would support Conservation Commission and Planning Board efforts. Value was added to projects, because of the opportunity to have a global perspective. She found it was a valuable contribution to the town and developments. She felt it was very important for Newmarket, because Newmarket hosts the end of the river. All activities up river affect Newmarket. She supported the idea.
Cynthia Copeland explained she has spoken with several members of the committee, who have indicated there have been positive things coming from the additional review and global perspective.
Val Shelton noted the Conservation Commission is also forwarding any proposed edits to the draft document.
The Board agreed to wait to see whether the Conservation Commission supports the letter of support before voting on this item.
Cynthia Copeland reminded residents to fill out their census forms and send them in.
Rick McMenimen explained the Strafford Regional Planning Commission will be holding a meeting this Friday. He asked how the replacement appointment for Eric Weston will be handled.
George Willant noted he will not be present for the May 18th Planning Board meeting.
Janice Rosa noted she would also not be present for the May 18th Planning Board meeting.
Val Shelton noted when a Board member is responding to another Board member or the Town Planner, it is important not to reply all as it constitutes a meeting.
Adjournment
Action
Motion: Janice Rosa made a motion to adjourn at 8:41pm.
