Present: John Badger (Chairman), Eric Botterman (Town Council Representative),Diane Hardy (Town Planner), Rick McMenimen, Justin Normand (alternate), Janice Rosa, Peter Roy (Vice-Chairman), Val Shelton, George Willant, Adam Schroadter (alternate)
Chairman Badger called the meeting to order at 7:01 p.m.
Pledge of Allegiance
Public Comments
Review and Approval of Minutes:
August 10, 2010
Action
Motion: Vice-Chairman Roy made a motion to accept the minutes from the August 10, 2010 meeting.
Seconded: Rick McMenimen
Town Planner Diane Hardy noted on Page 3, line 17 it should read: “was created.” Also on Page 3, line 39 Mr. Chinburg’s name has been misspelled.
Vote: All in favor
Regular Business
Update on work at Newmarket Mills, LLC, at Main Street, Tax Map U2, Lot 366, M1 Zone, and discussion with Eric Chinburg on modification of timeframe for removal of overhead wires and pole removal from Main Street for additional 90 days to December 18, 2010.
Chairman Badger noted the Board would continue with the agenda until Mr. Chinburg arrives.
Applicant: Marie T. Donner/Brian Donner
Application: Site plan review
Location: The lot is located at 171-173 Main Street, Tax Map U3, Lot 194,
M2 Zone.
Proposal: The proposal is to change the current use of the outdoor area at the rear of the building from the wooden structure used by Flora
Ventures to use by Rocky’s Famous Burgers, with improvements, as an outdoor patio dining area that would seat about 15.
Chairman Badger noted this application has been withdrawn.
Val Shelton asked if the applicant would need to re-notice abutters. Town Planner Diane Hardy explained re-notice would be required, but typically with applications like these, which are re-submitted, the application fee is waived the second time.
New/Old Business
Report on proposal to update impact fees
Town Planner Diane Hardy noted the impact fee ordinance was adopted in 2001. The Planning Board had spoken at a previous meeting about the need for updating this ordinance. She contacted Bruce Mayberry, the consultant who had worked on the original impact fee ordinance, for an estimate on updating the impact fee ordinance. The cost estimate is between $15,000 and $20,000. There are no funds in this year’s budget to cover the cost of that update. She suggested the Planning Board put together a budget request for funds, so this expense can be included in next year’s budget. She suggested creating a sub-committee, in the meantime, to work on this to provide as much of the footwork as possible including checking for updates in state law, checking with the Local Government Center (LGC) and speaking with other communities, which have updated their impact fee ordinances.
Chairman Badger noted he and Vice-Chairman Roy had asked Finance Director Don Parnell to develop a report on how much has been received and how much has been spent in terms of impact fees. The initial report has been received, but there isn’t a lot of specific information contained within it. He added he had asked Vice-Chairman Roy to chair a sub-committee to start investigating the impact fee ordinance and possible changes. He asked for other Board members to participate. Val Shelton and Rick McMenimen volunteered to be on the sub-committee.
Val Shelton suggested putting together an information packet for all members, so questions can be directed at the sub-committee as they arise.
The Planning Board discussed several aspects of the impact fee ordinance including applications, how the money can be spent, and how much of the money can be spent on each project.
Update on work at Newmarket Mills, LLC, at Main Street, Tax Map U2, Lot 366, M1 Zone, and discussion with Eric Chinburg on modification of timeframe for removal of overhead wires and pole removal from Main Street for additional 90 days to December 18, 2010.
Eric Chinburg noted he is seeking an extension from the September 19th deadline. He did not feel he would need a full 90 days. He suggested the extension go until November 30th 2010. He has finally received a revised plan and process from PSNH to get the underground work done according to their specifications. Once the work is done, the poles will be removed from the west side of Main Street and he will be responsible for removing the poles on the east side of Main Street. He discussed the process of removing the poles.
Town Planner Diane Hardy noted PSNH would remove the poles within the Town’s right of way.
George Willant noted it is possible for PSNH to take longer than December 18, 2010 to remove the poles within the Town’s right of way. He understood Eric Chinburg is responsible just for the poles on his property.
Action
Motion: George Willant made a motion to grant Newmarket Mills, LLC an extension to December 18, 2010 for the installation of the conduit to the mills and for removal of overheard wires to the mill complex.
Seconded: Rick McMenimen
Vice-Chairman Roy noted the applicant had suggested he would not need the full 90 days. He asked why not limit the extension. George Willant explained nothing ever works according to plan. He would prefer to grant the 90-day extension and have everything fall into place sooner. He anticipated this would be the last extension for this portion of the project that would be needed.
Vote: All in favor
Chairman Badger asked for an update on the mill project and, specifically, Eric Chinburg’s intentions on applying to the Town Council for the tax relief incentive under RSA 79E. Eric Chinburg explained the financing for this project has been challenging. He explained lenders are requiring more cash equity in projects like this to make them financially feasible during these economically difficult times. He has been successful with the New Hampshire Business Finance Authority (BFA) in having them allocate to the project a portion of their “New Market” tax credits provided the project could get loan approval on the entire value of the project. A loan has been approved for a 65% loan to value ratio. Appraisers are very conservative right now. The appraisers have provided a value that is $3 million short of what he anticipated the finished project value to be. RSA 79:E is a real way to lower costs during the riskiest times of the project, which will increase the net calculable income. He discussed his application for bridge financing he is working on as well. He discussed the process and timeline he is facing including the ongoing work.
Eric Botterman noted tomorrow night the Town Council is going to discuss possibly setting a public hearing for the RSA 79:E Community Revitalization Tax Relief Incentive application.
Chairman Badger noted he personally approved of Eric Chinburg’s application for Community Revitalization Tax Relief. He asked how other Planning Board members felt.
Eric Botterman recused himself from the discussion.
Val Shelton asked what Eric Chinburg is looking for in terms of timeline. Eric Chinburg explained the process he took to get to his possible outcomes explaining there are still some variables that need to be considered. He explained the commercial space is being increased in order to achieve financing.
Vice-Chairman Roy agreed stating once the project has been built out there isn’t going to be a line of people ready to buy; that process will take time. He was also in agreement of allowing Eric Chinburg to present his application. He felt this development will be much better than allowing the mills to remain vacant.
Rick McMenimen agreed stating he would be able to support a time period, but did not believe he would be able to support nine years, which is the maximum allowed.
George Willant hoped there would be significant analysis on what to ask for and why. He hoped the request would be fair to both the developer and the Town.
Chairman Badger thanked the Board members for their input and added he would hate to see this project fail because of one small piece of the puzzle. He believed there is significant value for the Town in restoring the mills, both financially and culturally. He remembered Arlon Chaffee declaring this could be the last opportunity to redevelop the mills based on their age and deterioration.
Town Planner Diane Hardy noted she provided a copy of RSA 79: E as well as some additional information on the process for Planning Board members.
Adjournment
Action
Motion: Janice Rosa made a motion to adjourn at 7:48 p.m.
Seconded: Rick McMenimen seconded
Vote: All in favor
NEWMARKET PLANNING BOARD
TOWN COUNCIL CHAMBERS
SEPTEMBER 14, 2010
7:00 P.M.
Present: John Badger (Chairman), Eric Botterman (Town Council Representative),Diane Hardy (Town Planner), Rick McMenimen, Justin Normand (alternate), Janice Rosa, Peter Roy (Vice-Chairman), Val Shelton, George Willant, Adam Schroadter (alternate)
Chairman Badger called the meeting to order at 7:01 p.m.
Pledge of Allegiance
Public Comments
Review and Approval of Minutes:
August 10, 2010
Action
Motion: Vice-Chairman Roy made a motion to accept the minutes from the August 10, 2010 meeting.
Seconded: Rick McMenimen
Town Planner Diane Hardy noted on Page 3, line 17 it should read: “was created.” Also on Page 3, line 39 Mr. Chinburg’s name has been misspelled.
Vote: All in favor
Regular Business
Update on work at Newmarket Mills, LLC, at Main Street, Tax Map U2, Lot 366, M1 Zone, and discussion with Eric Chinburg on modification of timeframe for removal of overhead wires and pole removal from Main Street for additional 90 days to December 18, 2010.
Chairman Badger noted the Board would continue with the agenda until Mr. Chinburg arrives.
Applicant: Marie T. Donner/Brian Donner
Application: Site plan review
Location: The lot is located at 171-173 Main Street, Tax Map U3, Lot 194,
M2 Zone.
Proposal: The proposal is to change the current use of the outdoor area at the rear of the building from the wooden structure used by Flora
Ventures to use by Rocky’s Famous Burgers, with improvements, as an outdoor patio dining area that would seat about 15.
Chairman Badger noted this application has been withdrawn.
Val Shelton asked if the applicant would need to re-notice abutters. Town Planner Diane Hardy explained re-notice would be required, but typically with applications like these, which are re-submitted, the application fee is waived the second time.
New/Old Business
Report on proposal to update impact fees
Town Planner Diane Hardy noted the impact fee ordinance was adopted in 2001. The Planning Board had spoken at a previous meeting about the need for updating this ordinance. She contacted Bruce Mayberry, the consultant who had worked on the original impact fee ordinance, for an estimate on updating the impact fee ordinance. The cost estimate is between $15,000 and $20,000. There are no funds in this year’s budget to cover the cost of that update. She suggested the Planning Board put together a budget request for funds, so this expense can be included in next year’s budget. She suggested creating a sub-committee, in the meantime, to work on this to provide as much of the footwork as possible including checking for updates in state law, checking with the Local Government Center (LGC) and speaking with other communities, which have updated their impact fee ordinances.
Chairman Badger noted he and Vice-Chairman Roy had asked Finance Director Don Parnell to develop a report on how much has been received and how much has been spent in terms of impact fees. The initial report has been received, but there isn’t a lot of specific information contained within it. He added he had asked Vice-Chairman Roy to chair a sub-committee to start investigating the impact fee ordinance and possible changes. He asked for other Board members to participate. Val Shelton and Rick McMenimen volunteered to be on the sub-committee.
Val Shelton suggested putting together an information packet for all members, so questions can be directed at the sub-committee as they arise.
The Planning Board discussed several aspects of the impact fee ordinance including applications, how the money can be spent, and how much of the money can be spent on each project.
Update on work at Newmarket Mills, LLC, at Main Street, Tax Map U2, Lot 366, M1 Zone, and discussion with Eric Chinburg on modification of timeframe for removal of overhead wires and pole removal from Main Street for additional 90 days to December 18, 2010.
Eric Chinburg noted he is seeking an extension from the September 19th deadline. He did not feel he would need a full 90 days. He suggested the extension go until November 30th 2010. He has finally received a revised plan and process from PSNH to get the underground work done according to their specifications. Once the work is done, the poles will be removed from the west side of Main Street and he will be responsible for removing the poles on the east side of Main Street. He discussed the process of removing the poles.
Town Planner Diane Hardy noted PSNH would remove the poles within the Town’s right of way.
George Willant noted it is possible for PSNH to take longer than December 18, 2010 to remove the poles within the Town’s right of way. He understood Eric Chinburg is responsible just for the poles on his property.
Action
Motion: George Willant made a motion to grant Newmarket Mills, LLC an extension to December 18, 2010 for the installation of the conduit to the mills and for removal of overheard wires to the mill complex.
Seconded: Rick McMenimen
Vice-Chairman Roy noted the applicant had suggested he would not need the full 90 days. He asked why not limit the extension. George Willant explained nothing ever works according to plan. He would prefer to grant the 90-day extension and have everything fall into place sooner. He anticipated this would be the last extension for this portion of the project that would be needed.
Vote: All in favor
Chairman Badger asked for an update on the mill project and, specifically, Eric Chinburg’s intentions on applying to the Town Council for the tax relief incentive under RSA 79E. Eric Chinburg explained the financing for this project has been challenging. He explained lenders are requiring more cash equity in projects like this to make them financially feasible during these economically difficult times. He has been successful with the New Hampshire Business Finance Authority (BFA) in having them allocate to the project a portion of their “New Market” tax credits provided the project could get loan approval on the entire value of the project. A loan has been approved for a 65% loan to value ratio. Appraisers are very conservative right now. The appraisers have provided a value that is $3 million short of what he anticipated the finished project value to be. RSA 79:E is a real way to lower costs during the riskiest times of the project, which will increase the net calculable income. He discussed his application for bridge financing he is working on as well. He discussed the process and timeline he is facing including the ongoing work.
Eric Botterman noted tomorrow night the Town Council is going to discuss possibly setting a public hearing for the RSA 79:E Community Revitalization Tax Relief Incentive application.
Chairman Badger noted he personally approved of Eric Chinburg’s application for Community Revitalization Tax Relief. He asked how other Planning Board members felt.
Eric Botterman recused himself from the discussion.
Val Shelton asked what Eric Chinburg is looking for in terms of timeline. Eric Chinburg explained the process he took to get to his possible outcomes explaining there are still some variables that need to be considered. He explained the commercial space is being increased in order to achieve financing.
Vice-Chairman Roy agreed stating once the project has been built out there isn’t going to be a line of people ready to buy; that process will take time. He was also in agreement of allowing Eric Chinburg to present his application. He felt this development will be much better than allowing the mills to remain vacant.
Rick McMenimen agreed stating he would be able to support a time period, but did not believe he would be able to support nine years, which is the maximum allowed.
George Willant hoped there would be significant analysis on what to ask for and why. He hoped the request would be fair to both the developer and the Town.
Chairman Badger thanked the Board members for their input and added he would hate to see this project fail because of one small piece of the puzzle. He believed there is significant value for the Town in restoring the mills, both financially and culturally. He remembered Arlon Chaffee declaring this could be the last opportunity to redevelop the mills based on their age and deterioration.
Town Planner Diane Hardy noted she provided a copy of RSA 79: E as well as some additional information on the process for Planning Board members.
Adjournment
Action
Motion: Janice Rosa made a motion to adjourn at 7:48 p.m.
