Present: Eric Botterman (Town Council Representative),Diane Hardy (Town Planner), Rick McMenimen, Janice Rosa, Peter Roy (Vice-Chairman), Adam Schroadter (alternate), Val Shelton
Absent: John Badger (Chairman), Justin Normand (alternate), George Willant
Vice-Chairman Roy called the meeting to order at 7:01pm.
Pledge of Allegiance
Public Comments
Review and Approval of Minutes:
October 12, 2010
Action
Motion: Eric Botterman made a motion to accept the Planning Board minutes from October 12, 2010.
Seconded: Rick McMenimen
Vice-Chairman Roy noted on page 2, line 40, the paving stones are not 24-feet wide, they are 24-inches wide.
Rick McMenimen noted on page 6, line 21, should be: “not be injurious.”
Eric Botterman amended his motion to accept the minutes as amended. Rick McMenimen seconded the amendment.
Vote: All in favor – Adam Schroadter abstained
Vice-Chairman Roy appointed Adam Schroadter to sit in for George Willant.
Regular Business
Applicant: Donald Tucker
Proposal: Waiver of Impact Fees, new single family home
Location: 22 Neal Mill Road, Tax Map R7, Lot 4-2, R1 Zone
Donald Tucker explained he applied for a building permit on July 28, 2010 and paid the $1200 fee. On September 2, 2010 he was given his building permit with an impact fee assessment attached. He was also told if he wanted to appeal the impact fees, he should contact Town Planner Diane Hardy. He wrote a letter to Town Planner Diane Hardy dated September 15, 2010. He noted he had copies for the Board members if they were interested. He noted he purchased this property from the Hamel family in December 1995. He has been a taxpayer of the town over the last 15 years. He has had a couple of timber harvests, in which the Town participates. He pays taxes to the Town for several tractors, trailers, trucks and cars. He didn’t feel his request was out of the ordinary. He understood fee to mean payment for a service. Impact fees are meant for new construction, which requires hook up to municipal water or sewer. This property is located 750-feet off a dead end road. He had to put in a state approved septic system and a well. The septic was about $12,000 and the well was $6,000. When he gets the approval to move into the house, which he anticipates will be just after the first of the year, he will have to pull five acres of land out of current use, which will then be taxed higher. He felt he should be exempt from the water and wastewater impact fees. He discussed the school impact fee noting he will be 70 on his next birthday, which is December 31st. He noted as an aging taxpayer, who has never had a child in the Newmarket school system, he felt he has contributed his fair share over the past 15 years. When he first moved to Newmarket, his stepdaughter was in her senior year of high school; having spent the first 11 years of her schooling in Durham and going to Oyster River High School, he paid the $6500 tuition for her to complete her schooling at Oyster River. He noted if the school impact fee is like the water and wastewater, then he shouldn’t have to pay that impact fee both, as he has never and will never use the service. He noted the only one in question would be the parks and recreation impact fee. He owns 110 acres of land, and as an aging resident that keeps him busy. He doesn’t see himself using the Town’s parks or recreation facilities.
Vice-Chairman Roy agreed the sewer and water fees should be waived. He noted he is also in his 70’s and has been watching the vote in Hamilton, Massachusetts where there are ongoing discussions whether to waive the school impact fees for residents over 70 years old. He noted the house is a fixture that will outlive the residents of this town. The house will eventually have an impact on the school system. Since impact fees are assessed at the time of occupancy, there is no way to ensure the school portion of the impact fees would be paid.
Donald Tucker understood Vice-Chairman Roy’s point, but stated there is no guarantee the house will generate school aged children ever. He noted he would pay his property taxes next year knowing a large portion of his property taxes will go to the school. He asked why a resident should be assessed for a service they will never use.
Val Shelton noted based upon the Town zoning the Planning Board has the authority under F4 to waive the impact fees for waste water and water, but did not see any language in the ordinance indicating the Planning Board has the authority to waiver either of the other fees. She noted this would not prohibit Donald Tucker to go before the Zoning Board to ask for a variance over those impact fees, but she did not see the ordinance providing the specific authority to waive the other impact fees. Donald Tucker referenced the Newmarket Impact Fee Assessment document stating he sees where the wastewater and water impact fees authority is spelled out, but under schools it is clear the impact fees are not assessed on housing for elderly which he felt could be taken a number of ways. Town Planner Diane Hardy explained there is a section within the ordinance, which speaks to waivers. Item 1 of this section pertains to public schools for residential units, which are lawfully restricted to residents 62 years or over or at least one resident 55 years or over. That restriction would need to be maintained in accordance with state laws. She explained this house would not be an age-restricted unit.
Eric Botterman asked if the Planning Board has the authority to waive the other impact fees. Town Planner Diane Hardy explained there are six conditions under which the Board can waive impact fees. She has reviewed them and does not feel there is any particular category, which applies to this situation. She felt Val Shelton’s assessment was accurate noting the applicant can go to the Zoning Board of Adjustment for relief from the impact fee ordinance, but the Planning Board does not in this case, have the authority to waive the other impact fees. Eric Botterman asked why this application wasn’t sent right to the Zoning Board and rather was sent to the Planning Board instead. Town Planner Diane Hardy noted this is the first individual homeowner application for waiver of impact fees.
Val Shelton noted the Planning Board could motion to waive the impact fees for the water and wastewater. If those assessed impact fees are not used in a specific period of time, Donald Tucker would have the right to request those fees be refunded.
Action
Motion: Val Shelton made a motion that in regards to Mr. Tucker’s property located at 22 Neal Mill Road, Tax Map R7, Lot 4-2, R1 Zone for the waiver of impact fees for the new single family home that the Board grant a waiver under article 7(F)(4) to waive the waste water treatment and water supply and treatment impact fees based on the conditions specific to this development that it will not increase the demand on the capacity of the public capital facility or system for which those impact fees are being assessed.
Seconded: Eric Botterman
Vote: All in favor
Donald Tucker asked if he next goes to the Zoning Board of Adjustment. Town Planner Diane Hardy explained Donald Tucker can go to the Planning Office and get the information from Administrative Assistant Sue Jordan about the Zoning Board.
Applicant: Edward H. Thorne/James B. Mastin
Proposal: Addition of office space for an oil business
Location: 22 North Main Street, Tax Map U2, Lot 266, B1 Zone.
Ed “Sy” Thorne, of 22 North Main Street, explained he was representing James B. Mastin during this application, as well. He explained there is an extra office in the main part of the bowling alley building, which has been used in the past as office space. They are before the Board tonight for approval to allow a new tenant to rent that office space.
Town Planner Diane Hardy explained the application requires a minor site plan review, as it involves a change in use of a non-residential site for a site less than 2,000 square feet. It is a permitted use, as it is located in the B1 district. Eric Botterman asked if the use would be contained entirely within the office space. Town Planner Diane Hardy noted there might be an area designated for parking of vehicles.
Val Shelton asked if a formal application had been submitted with notice to abutters. Town Planner Diane Hardy explained the formal application process had been followed.
Town Planner Diane Hardy asked how many vehicles would be parked there. The proposed tenant for the office space answered there may be one vehicle.
Town Planner Diane Hardy noted the parking area as shown respects the 35-foot buffer, but there are regulations requiring a ten-foot landscaped and vegetated buffer. She asked the Board if they wanted to require the buffer. There is a single-family home that sits closer to the road with a swimming pool in the back. There is also a change in grade, which helps to protect the home’s privacy. Eric Botterman noted he was not interested in requesting additional buffering.
Action
Motion: Val Shelton made a motion to accept the application for Edward H. Thorne/James B. Mastin for the addition of office space for an oil business located at 22 North Main Street, Tax Map U2, Lot 266, B1 Zone as substantially complete for review purposes.
Seconded: Eric Botterman
Vote: All in favor
Town Planner Diane Hardy noted the regulations currently require all parking areas to be paved. The area identified as the parking is a gravel area. She noted the Board has been discussing ways of minimizing impervious surface. The Board may want to consider waiving the requirement of having the parking area paved.
Town Planner Diane Hardy noted there is also a right-of-way on the property, which provides access to the auto repair shop owned by Mr. Daley. She noted the parking area encroaches into the right-of-way slightly. She suggested relocating the parking area and delineating the 10’x20’ parking spaces so that right-of-way area is left open. There is a boundary survey drawn up by Doucet Survey for a limited subdivision, which was approved in 2003 which shows the right-of-way.
Vice-Chairman Roy noted there is no significant discipline in terms of travel ways in this area. He would suggest this is not a serious concern, with the exception of minimizing the amount of leakage from the oil trucks.
Val Shelton noted the oil trucks are about 45-feet long; parking the vehicles would not encroach on the right-of-way. She asked if the plan needed to be redrawn to show the parking area. Eric Botterman didn’t feel that was necessary. Val Shelton noted she would like to see a condition placed on the approval stating there will be no infringement on the right-of-way.
Action
Motion: Eric Botterman made a motion to approve the site plan for 22 North Main Street, Tax Map U2, Lot 266 in the B1 Zone waiving the buffer requirement with the condition the additional parking is not paved to reduce run-off and the existing right-of-way as shown on the 2003 plan is not infringed upon.
Seconded: Janice Rosa
Ed “Sy” Thorne explained the shortest distance between two points is a straight line. He noted the right-of-way is not followed strictly. The right-of-way was drawn up in case there were any questions about access to the lot so it could be marked if necessary.
Vote: All in favor
New/Old Business
* Discussion: DRAFT Scope of Work 2010 Newmarket Community Technical Assistance Project: Project Goal - Revise the Town’s subdivision and site review stormwater regulations to include requirements for proper erosion control and stormwater runoff using best management practices (BMPs), including Low Impact Development (LID) for all major residential and commercial developments.
Vice-Chairman Roy noted the Board has received a proposal from Vanasse Hangen Brustlin, Inc (VHB) out of Bedford, New Hampshire including projected costs for work. The Town has received a grant for the majority of this expense.
Town Planner Diane Hardy explained the Town applied for this grant in June 2010. The Town heard back they had received the grant funding in September 2010. She heard back from Derek Sauer who is with the Piscatiqua Region Estuarine Partnership asking for whom the Town would like to work. She had told him the Town had worked with Bill Arcieri who is with VHB. VHB is on the list of preferred consultants. Bill Arcieri is available and willing to work with the Town on this project. The draft scope of services mirrors the proposal drafted for the Technical Assistance grant applied for. This project cost is covered 100% by the cost with in kind services by the Town through the work of the Planning Board. She would like to start on the project in December. There will be a meeting where VHB will present their findings to the Planning Board and provide for discussions. Included in the scope of work are public hearing appearances to help explain the process and the findings.
Eric Botterman noted the Board needed to look carefully at LID techniques. He offered to be on the committee for this project. Town Planner Diane Hardy noted George Willant had been interested. She suggested she would like to have Conservation Commission representation. Val Shelton noted she would speak with the Conservation Commission. Town Planner Diane Hardy noted she would like to bring Public Works Director Rick Malasky or Water and Sewer Superintendent Sean Grieg into the discussions as well.
Action
Motion: Eric Botterman made a motion to accept the draft scope of work for the 2010 Newmarket Community Technical Assistance Project.
Seconded: Rick McMenimen
Vote: All in favor
Town Planner Diane Hardy asked if she should make arrangements for them to come to the December Planning Board meeting. Eric Botterman suggested waiting until they have some work product before making those arrangements. He suggested having the draft presented to and reviewed by the Planning Board for discussion would be a good time.
Vice-Chairman Roy explained there is an Office of Energy and Planning (OEP) conference this Saturday. He will be attending with Rick McMenimen and possibly Val Shelton. He asked if any other members were interested in participating.
Vice-Chairman Roy noted he and Rick McMenimen are part of the impact fee committee within the Planning Board. He explained there is a two-hour seminar scheduled on impact fees at the OEP conference. He hoped after the seminar he would be better versed and would be able to better present the impact fee committee’s thoughts to the Board.
Vice-Chairman Roy noted there is a workshop entitled Water, Weather, Climate and Community on November 30th from 5:00pm until 8:30pm at the Great Bay Discovery Center. This workshop will deal with how the weather has affected local communities. Any interested Board member can attend.
Val Shelton referenced the Hickory Pond development noting the Conservation Commission thanked Town Planner Diane Hardy for her assistance through that process. She explained the concern was with conditions of approval relative to cutting. She noted nothing had been flagged relative to the “no cut zone.” She asked if there could be follow up done to ensure the plan approval had been followed. Town Planner Diane Hardy explained she had spoken with the developer who had not been aware he needed to go before the Town before cutting. The developer apologized profusely for the oversight and went out immediately after the telephone call to put erosion control measures into place. She has been informed Doucet Survey has marked the wetland buffer. She noted she would be happy to go back out to the site to review the work and welcomed Val Shelton to accompany her if interested. She explained the work is done for this year and will begin again in the spring. She noted the developer is interested in getting with the Town to have a pre-development conference within the next couple of weeks.
Val Shelton explained the Conservation Commission is concerned about follow up of certain projects. Town Planner Diane Hardy explained the developers agreements are very specific in terms of having the Town Planner and Building Official check on the marking to be sure they are in place before cutting begins.
The Board discussed how best to handle this situation and other similar situations moving forward.
Adjournment
Action
Motion: Janice Rosa made a motion to adjourn at 7:52pm.
