Present: John Badger (Chairman), Diane Hardy (Town Planner), Rick McMenimen, Justin Normand, Janice Rosa, Peter Roy (Vice-Chairman), Val Shelton, George Willant
Absent: Eric Botterman (Town Council Representative),Adam Schroadter (alternate)
Chairman Badger called the meeting to order at 7:00 p.m.
Pledge of Allegiance
Public Comments
Review and Approval of Minutes:
May 24, 2010
Chairman Badger noted the Board does not have these minutes. Town Planner Diane Hardy noted she would resend these minutes.
June 8, 2010
Rick McMenimen noted on page 1, line 31 the Board did not approve the May minutes. He asked who “she” is referred to on page 2, line 14 and on page 5, line 18. Town Planner Diane Hardy noted “she” referred to her. Rick McMenimen noted on page 3, line 27 there is a misplaced comma.
Action
Motion: Rick McMenimen made a motion to accept the minutes from the June 8, 2010 minutes as amended.
Seconded: Janice Rosa
Vote: All in favor – Vice-Chairman Roy & Val Shelton abstained
Vice-Chairman Roy abstained from voting because he had not been present at the meeting.
Regular Business
Applicant: Pennichuck Water Works. The lot is owned by the Schanda Farm Community Association.
Location: The location is between 50 & 54 Schanda Drive, Tax Map R7, Lot 14, R1 Zone.
Proposal: The proposal is for a 480 square foot expansion of the existing pump house for the Great Bay System (Schanda Farm Community Water Supply). The expansion is required to meet NH Department of Environmental Services requirements for disinfection.
George Willant noted he is not a direct abutter, but does live in the Schanda Drive community. He asked if he should recuse himself from this application. The Board did not see a conflict.
Steve Michaud, from Doucet Survey, representing the applicant, explained Pennichuck Water Works maintains the water system and pumps on site. They have received a letter from the New Hampshire Department of Environmental Services (DES) requiring treatment improvements involving internal changes to the pump house. In order to address these changes, the size of the building must be expanded by 428 feet. The building will be architecturally pleasing and there will be minor site work. There will be two underground propane storage tanks. The generator will be inside the building and will allow the pump to run when there is no power. The applicant met with the Conservation Commission last week to review potential impacts on wetlands although no formal letter has been sent yet.
Chairman Badger asked how big the tank sizes would be and what the capacity of the generator would be. Steve Michaud explained there would be two 1,000-gallon propane tanks. John Boisvert from Pennichuck Water Works explained the generator would be 55 KW.
Town Planner Diane Hardy explained the Planning Board needed to accept the application for site plan review; the application is complete. She referenced her letter noting, as part of her research, she had discovered through the Planning Board minutes of the meetings for original approval the water system was intended to be for the 38 condominiums and not for the 50 single family homes, as well. The single-family homes were to have their own wells. This water system provides services for both the single-family homes and the condominiums.
Action
Motion: Vice-Chairman Roy made a motion to accept the application for Pennichuck Water Works located between 50 & 54 Schanda Drive, Tax Map R7, Lot 14, R1 Zone as complete.
Seconded: Janice Rosa
Vote: All in favor
Val Shelton explained, at the Conservation Commission meeting, they reviewed the plans. There wasn’t a quorum present, but they allowed the applicant to present the project. The plans and Town Planner Diane Hardy’s letter were sent to Commission members ahead of time, so even those present were able to comment. The Commission reviewed the plan and suggested modifications, including constructing a retaining wall, instead of re-grading. This change would remove the impacts to the wetland buffer. The Conservation Commission wanted to ensure there would be an orange fence up during construction to protect the wetlands, grubbing would be minimal and fertilization would be minimal, as well. The Commission also suggested any plantings be consistent with recommended plantings within the Wetland Protection area. The Conservation Commission had no issues with this proposal.
Town Planner Diane Hardy asked for the wetlands to be identified in the vicinity of the expanded area. She asked if they were poorly drained or very poorly drained soils. Steve Michaud explained they are Hydric B soils (poorly drained) soils requiring a 25-foot buffer.
Town Planner Diane Hardy explained she received a revised existing condition plan that had been signed and certified by Mark West, the wetlands scientist. She had asked for a note to be put on the plan indicating there will be no disturbance, construction dredging or filling, or removal of vegetation in the wetlands or puffers.
Steve Michaud explained the original submission had two areas of impact to the wetlands buffer including limited tree cutting and installation of underground utilities. After discussions with the Conservation Commission, the proposal was revised to install a new retaining wall and a new utility pole outside the wetlands buffer. New plans showing this modification had not been submitted to the Board.
Town Planner Diane Hardy noted this location is in close proximity to a residence. She wanted to ensure there would be no adverse impacts to the neighbors, including unshielded lighting. There are currently no plans for a security light. John Boisvert explained there is no permanent security lighting, but there will be a light above the door, which can be activated by a switch just inside the door. Town Planner Diane Hardy noted the Building Inspector might require security lighting. She wanted to ensure any lighting would be downward deflecting and would not have a significant amount of spillage over on to adjacent properties.
John Boisvert noted he would remove the note on the plan indicating there would be a motion sensor light and replace it with a light operated on a switch. There are trees overhanging the site that will need to be trimmed and a couple of four to six-inch caliper trees will be removed. During the winter, there is a clear view of the pump house from the abutting residence and, as a mitigation proposal, a couple of evergreen trees will be planted to buffer the view.
John Hartshorne, of 50 Schanda Drive, one of the direct abutters affected by this application, explained he has no problem with the proposal. It will be nice to have water during power outages. Planting trees to buffer the view will be nice. He was happy with the change in lighting from a motion sensor light to a switch operated light.
George Willant asked about the discharge unit at the top right corner of the plan. John Boisvert explained this discharge unit is specifically for the iron and manganese filtration of the water. There will be approximately 150 gallons every two days that will backwash through the discharge unit. The unit will be registered and approved by NH DES. This is one of the areas tree trimming may be necessary in order to avoid tree removal. The trees hang over this area, but the trunks are not in the way.
George Willant asked if the retaining wall is needed for the underground storage tanks. John Boisvert explained the plan is showing a two to one slope. He suggested the slope might be able to be softened. The area will be seeded.
George Willant asked about chemical storage. John Boisvert explained chemicals would be stored entirely inside the building on a concrete floor. There will be complete containment. The primary chemicals will be sodium hydrochloride and lubricating oil.
George Willant asked if an air permit would be required for the generator. John Boisvert explained there is discussion about changing the requirements here in New Hampshire, but as of now, no permit is required. The generator will operate once per week under non-load conditions. The generator will operate once monthly under load conditions. Each operation will last between twenty and thirty minutes.
Val Shelton asked for a proposed number of evergreens to be planted. John Boisvert explained the evergreens would likely have a six-foot canopy and would be placed eight feet on center. This equated to three or four trees.
Town Planner Diane Hardy recommended the following conditions:
The plan be modified to show there will be no encroachment on the 25-foot wetland buffer to eliminate any potential impacts to the wetlands.
The area proposed for clearing and grubbing for the underground utilities be minimized.
Fertilizer will be used sparingly and will be low phosphate slow release nitrogen fertilizer or limestone and a conservation mix be used for grass for stabilization of the areas disturbed.
The retaining wall will be located at the edge of the graveled area.
The security light will be changed to a light switch activated system opposed to a motion sensor system and the note be changed on the plan.
Minimal trees to be removed; three to four six-foot evergreen trees be planted eight-feet on center and along the northeasterly side of the building along the property of the abutter at Tax Map R-7, Lot 51.
Orange construction fence be installed to define the wetlands and wetland buffers prior to construction.
Any future lighting be in compliance with “full cut-off’ shielding requirements.
Val Shelton asked if a new plan showing these changes would be submitted. Town Planner Diane Hardy explained a new plan would be submitted. She and Chairman Badger would review the newly submitted plan to ensure all the conditions have been met to the satisfaction of the Planning Board.
Action
Motion: Val Shelton made a motion to approve the application by Pennichuck Water Works for the property located between 50 & 54 Schanda Drive, Tax Map R7, Lot 14, R1 Zone for a 480 square foot expansion of the existing pump house for the Great Bay System (Schanda Farm Community Water Supply) with the conditions as previously stated by Town Planner Diane Hardy.
Seconded: Vice-Chairman Roy
Vote: All in favor
New/Old Business
Chairman Badger asked for an update on the mill redevelopment. Town Planner Diane Hardy explained, since the last Planning Board meeting, the developer’s agreement has been executed with Mr. Chinburg which outlines the Planning Board conditions and Town’s expectations during construction, as well as a bond in the amount of $240,000 to ensure completion of the off site improvements including the parking lot behind the library. Mr. Chinburg has received a letter of commitment from his bank. Mr. Chinburg is lining up brokers for tax credits. He hopes to wrap things up by September 1st. With the letter of commitment from the bank, he has 60% of the financing he needs for the tax credits. The off site improvements within the public right of way have been completed. She has worked with Mr. Chinburg on the redesign of the ADA ramp in front of Riverdale. The redesign has been sent to the State Commission on Disability for review and has also been approved by the NH Department of Transportation (DOT).
George Willant asked if the project is on target for completion of the underground utilities so the poles can be removed. Town Planner Diane Hardy noted Mr. Chinburg has agreed to remove the poles in accordance with the time frame approved by the Planning Board. An agreement has been reached between Mr. Chinburg and Rivermoor Landing with respect to access and easements. Mr. Chinburg is waiting on the limited impact wetlands permit from the State DES; and Rivermoor Landing’s attorney is drafting the easement language. Diane Hardy has requested the Town receive the documents at least one month before the deadline so legal counsel will have time to review them.
Chairman Badger asked for an update on North Main Street. Town Planner Diane Hardy explained she had e-mailed Mr. Landry earlier in the day and had not yet heard back from him.
George Willant thanked Town Planner Diane Hardy for the work she did on submitting the grant application to the Piscataqua Region Estuaries Partnership PREP). Town Planner Diane Hardy explained Amanda Stone had encouraged her to get the application in, because they had not yet awarded all the grant monies. If awarded, Newmarket would receive funding for a technical assistance provider to work with the Planning Board on stormwater regulations.
Chairman Badger asked if there is any word on hiring a consultant for the impact fees. Town Planner Diane Hardy explained she has not been able to sit with Town Administrator Ed Wojnowski to discuss it yet, but would report on this at a future meeting.
Val Shelton asked about the Shoreland Protection Ordinance and Floodplain Ordinance. Town Planner Diane Hardy explained both ordinances are scheduled for the Town Council workshop on July 21, 2010. The ordinance paperwork has been completed. She has asked Cynthia Copeland and Val Shelton to join her at the Town Council workshop. She noted the ordinances would be introduced at the workshop for a first reading and would be scheduled for a public hearing and second reading at the business meeting on August 4. At the second reading, the Town Council can adopt both ordinances.
Town Planner Diane Hardy explained Hickory Pond Partners met the July 9th deadline for meeting all conditions. The escrow has been paid; the developer’s agreement has been signed; and the bond (letter of credit) has been posted.
Adjournment
Action
Motion: Janice Rosa made a motion to adjourn at 7:42 p.m.
