Present: John Badger (Chairman), Eric Botterman (Town Council Representative),Diane Hardy (Town Planner), Rick McMenimen, Justin Normand (alternate), Janice Rosa, Peter Roy (Vice-Chairman), Adam Schroadter (alternate), Val Shelton
Absent: George Willant
Chairman Badger called the meeting to order at 7:01 p.m.
Pledge of Allegiance
Chairman Badger explained Rick McMenimen had brought information relative to a new RSA that was passed, which changes how alternate members of the Planning Board can participate in meetings. Town Planner Diane Hardy explained about a year and a half ago, the Town’s legal counsel had advised the Board that alternates were not able to participate in the discussions or sit with the Planning Board unless appointed by the chairman as a voting member. This RSA changes that and lets the Planning Board decide how alternate members will participate. This process needs to be included in the Planning Board’s Rules of Procedure, which should be taken up at a future meeting.
He appointed Adam Schroadter in George Willant’s absence.
Public Comments
No comments.
Regular Business
Alternate Position: Consideration of two applications for vacant alternate positions to expire May 2011:
In order of receipt of application:
Elizabeth Dudley
Chairman Badger explained there is one alternate position available. He explained Elizabeth Dudley is in the audience and has applied for the open alternate position expiring May 2011.
Elizabeth Dudley explained, since she has moved here six years ago, she has been able to enjoy Newmarket and is beginning to understand the community. She has a desire to further the community and feels her experience in landscape architecture would be helpful.
Action
Motion: Janice Rosa made a motion to nominate Elizabeth Dudley to the Planning Board alternate position for the term expiring May 2011.
Seconded: Rick McMenimen
Vote: All in favor
Chairman Badger explained another individual, Andrew Gagne, has submitted a letter withdrawing his application. He read the letter into the record.
Application: Public Hearing for an application for subdivision
Applicant: Marie T. Donner
Location: 165-173 Main Street, Newmarket, NH, Tax Map U3, Lot 194, M2 Zone
Proposal: The proposal is to convert two buildings on the property to separate condominiums.
Ray Donner, husband of Marie T. Donner, noted he would be acting as the agent for this application. This property is where Flora Ventures and Rocky’s Famous Burgers are located. This is a business decision, in case they decide to sell the property in the future, as it would provide additional value to each individual business.
Town Planner Diane Hardy explained this application is before the Board, because under the subdivision regulations if a property is turned into condominiums it is considered a subdivision, which requires the Planning Board’s approval. The Planning Board has only had a couple of similar applications since she began working for the Town; the last one was in 2007. She explained that particular application had been approved with the condition the condominium documents be reviewed by the Town’s legal counsel to ensure the Town’s interest had been protected. She noted the applicant is also requesting a waiver from the requirement of having existing soils data. This is an urban site and the soils have been altered. She recommended the Planning Board grant the waiver. In the past, the Board has sent the application plans to the Water and Sewer Department to ensure there are separate meters for billing purposes. Joel Drelick and Water and Sewer Superintendent Sean Greig reviewed this application early in the process. Due to the amount of ledge on the property, the separation of services would be extremely costly. An arrangement was worked out where there will be a central master condominium association, which will receive the water and sewer bills; the bills will then be separated for the units. She recommended the Board accept the application for review.
Action
Motion: Eric Botterman made a motion to accept the application for subdivision, i.e. condominium conversion at 165-173 Main Street, Tax Map U3, Lot 194, M2 Zone.
Seconded: Janice Rosa
Vote: All in favor
Town Planner Diane Hardy recommended the Board grant the waiver request.
Action
Motion: Eric Botterman made a motion to grant the waiver request referencing Section 4.10(B)(2)(d) requiring existing soil survey data to be placed on the plans.
Seconded: Vice-Chairman Roy
Vote: All in favor
Action
Motion: Eric Botterman made a motion to approve the condominium subdivision for Marie T. Donner at 165-173 Main Street, Tax Map U3, Lot 194, M2 Zone. The proposal is to convert two buildings on the property to separate condominiums. This approval is conditioned upon review and approval of the condominium documents by Town legal counsel.
Seconded: Janice Rosa
Vice-Chairman Roy asked if the approval should specifically address the water and sewer billing issue. Val Shelton explained the condominium documents would address this issue. Town Planner Diane Hardy explained she would raise this concern to the Town’s legal counsel during their review of the condominium documents.
Vote: All in favor
Application: Request for extension for utility pole and wire removal
Applicant: Newmarket Mills, LLC
Chairman Badger read a letter from Eric Chinburg dated December 13, 2010 explaining some of the ledge and scheduling issues requiring him to seek an extension. The deadline was December 18, 2010; Eric Chinburg is asking for another 12 days until December 30, 2010.
Badger noted he has been walking through the site and has been seeing the work going on.
Town Planner Diane Hardy explained she has toured the site; there are extensive conduits required for the underground utilities. The site is ready for PSNH to feed the lines through, but, because of power issues in other parts of the state and weather related problems, they have been unable to complete the work. She felt these are reasonable construction delays.
Eric Botterman noted Eric Chinburg isn’t asking for a specific date; given the nature of the work, he suggested granting the extension until January or February. He felt that would be reasonable.
Action
Motion: Eric Botterman made a motion to grant the extension request for completion of the electrical work at the Newmarket Mills until January 31, 2011.
Seconded: Vice-Chairman Roy
Vote: All in favor
New Business/Old Business
Town Planner Diane Hardy explained she has received a draft report from VHB and Bill Arcieri relative to the review of the existing site plan review and subdivision regulations with respect to storm water management. She provided copies of the report to the Planning Board members. She hoped to schedule a meeting with the sub-committee the first week after the new year. The draft report includes discussion points. She thanked Val Shelton for discussing the need for a Conservation Commission representative at the last Conservation Commission meeting and was pleased to announce member Jessica Veysey has expressed interest in the position.
Adjournment
Action
Motion: Eric Botterman made a motion to adjourn at 7:26 p.m.
