Present: Judith Carr (Town Council representative), Diane Hardy (Town Planner), Chester Jablonski, Rick McMenimen (Alternate), Janice Rosa, Peter Roy (Vice-Chairman), Adam Schroadter (Alternate), Val Shelton, George Willant
Absent: John Badger (Chairman)
Vice-Chairman Roy called the meeting to order at 7:01 p.m.
Pledge of Allegiance
Public Comments
No comments.
Review and Approval of Minutes: 09/30/08, 10/14/08
Vice-Chairman Roy noted the October 14, 2008 minutes would be postponed to the next meeting as the Board had not yet had a chance to review them.
September 30, 3008
George Willant noted on Page 3, Line 37, “it” should be “if”. It was later determined that correction had been made.
Action
Motion: George Willant made a motion to accept the October 14, 2008 minutes, as amended.
Seconded: Chester Jablonski
Vice-Chairman Roy appointed Rick McMenimen to sit in for Chairman Badger as a voting member for the night.
Vote: In favor: Chester Jablonski, Rick McMenimen, Peter Roy,
Val Shelton, George Willant
Opposed: None
Abstained: Judith Carr, Janice Rosa
Vice-Chairman Roy noted there would be a deviation from the proposed agenda for this evening. There are three agenda items that relate directly or indirectly to Moody Point Company and Mr. Walter Cheney. A continuance has been requested by the applicants of two of these agenda items: the Special Use Permit for Tax Map R-2, Block 36, Lots 2-7 and Lots 5-1-1 and 5-1-2. He noted he and Val Shelton would be recusing themselves from these discussions and appointed Adam Schroadter to sit in for Val Shelton as a voting member and for George Willant to act as Chairman.
Continuation of a public hearing regarding the possible rescission of a conditional subdivision approval granted to Walter Cheney.
Location: Cushing Road, Tax Map R2, Lot 36-13, Zone R1.
Description: The proposal is to subdivide the 71.65 acres into two lots: one 67.75 acre tract running parallel to Lubberland Creek to be conveyed to The Nature Conservancy; and the remaining land of 3.9 acres (170,708 square feet) to remain as open space.
This application was heard and conditionally approved at a public hearing on March 18, 2008. New information has become available which raises questions regarding whether Lot 13 can be legally subdivided.
George Willant gave a brief history of the application explaining the Board has received a plan of ownership and a conservation restriction document from Walter Cheney regarding the March conditional approval. Walter Cheney’s attorney has submitted a letter asking for a 30 day extension. The Board needed to determine whether to grant this extension or move forward on the application. He recommended granting the applicant’s request for continuance to allow the Board time to review the documentation supplied to see if it meets the requirements as set forth at the March meeting. He noted there had been two conditions placed on the approval at this meeting. He read the conditions as follows:
Prior to the signing of the plans, that legal ownership documents be submitted to the Town for proposed Lot 13-A, which defines the long-term ownership of the land, associated deed restrictions, and other legal mechanisms, which assures the maintenance of these lands as common open space and conservation lands to be held in perpetuity, and includes provisions that, in the event the association and other entity established to own and maintain these lands fails to properly maintain such areas, the Town may serve written notice upon the association or other entity pursuant to Section 3.14 (B) (7) of the Newmarket Subdivision Regulations to seek enforcement of these provisions under the authority of RSA 674:21 A.
A note be added to the plans, which contains appropriate references to the Warranty Deed of Walter W. Cheney to The Nature Conservancy which states that Lot 13 will be maintained in perpetuity in its natural, forested, and open space condition, with restrictions on the placement of buildings and other structures.
He noted, after a brief review, he did not feel the documents satisfied the conditions as discussed at the March meeting. He referenced view cutting, restrictions within five feet of Lot 13-A, and the plan of ownership. He felt there needed to be more detail and suggested the Board talk with their attorney prior to making a decision.
Town Planner Diane Hardy recommended, if the Board granted the extension, that a compliance hearing be held on the application, as permitted in the RSAs. This would provide the Board an opportunity to review the application and documents submitted to ensure all the information satisfied the criteria set forth. There would be an opportunity for abutters to provide testimony and information to help the Board determine whether the original conditions of approval had been met.
George Willant noted this was not a public hearing, and therefore he did not have to open it to public comment. Seeing as there were a number of people in the audience, he would open the public comment session. He cautioned the public to speak on the facts rather than their emotions.
George Willant opened the Public Hearing at 7:14 p.m.
Pat Gardner, of 367 Cushing Road at Moody Point, stated she had reviewed the letter the attorney had sent to the Planning Board dated October 24, 2007 citing two cases; Totty v. the Town of GranthamPlanning Board and Atherton v. the City of Concord. She noted these cases involved Planning Board members who had been disqualified from voting. She referenced NH 262 Winslow v. the Town of Holderness Planning Board, noting the Supreme Court had rendered a decision on this case in 1984; after the other two (2) cases had been decided. She indicated the Supreme Court would support the Board’s decision in voiding the original approval, if based upon the fact one or more Board members were disqualified to participate. Because John Badger, Val Shelton and Peter Roy participated in these discussions previously, it gives the Planning Board the opportunity to void their previous decision and start a new application. This would take out any extraneous issues including notice of abutters, appeal times and involvement of members. This case could then be decided on its merits.
Debbie Grubbs, of Moody Point, asked what conditions the Board hoped the application would meet. George Willant noted the applicant needed to meet the conditions, as imposed at the March meeting. He had previously read these conditions into the record this evening.
Russ Simon, of Moody Point, asked for clarification. He understood the appeal process was thirty (30) days from approval, but asked whether the appeal time began the day conditional approval was given or the day the conditions have been met and the approval is final. Laura Spector, legal counsel for the Board, explained the appeal time on conditional approval depends on many factors. She recommended Russ Simon consult with his private attorney to discuss his rights. Russ Simon asked if the Planning Board felt the appeal window had closed. Laura Spector explained the Planning Board’s feeling on the appeal time period was irrelevant. The Board did not set the appeal time frames. She again recommended Russ Simon consult with an attorney to have those questions answered.
Jim Fitzpatrick, of 9 Osprey Lane, noted in the agenda it stated additional information had come to light regarding the conditional approval; he asked what this information was. Laura Spector answered the additional information pertained to whether Lot 13 could be subdivided. There was question surrounding the conditions of the original subdivision application approved in the mid-1980s.
George Willant closed the Public Hearing at 7:23 p.m.
George Willant noted the decision the Board needed to make was whether to grant a 30 day extension, as requested by the applicant.
Action
Motion: Chester Jablonski made a motion to grant a 30 day extension for application for Cushing Road, Tax Map R2, Lot 36-13, Zone R1 to allow the Planning Board to review the submission of additional information and to hold a compliance hearing to be held on December 16, 2008.
Seconded: Rick McMenimen
Vote: In favor: Chester Jablonski, Rick McMenimen, Adam
Schroadter, Janice Rosa, George Willant
Opposed: Judith Carr
Abstained:
Public Hearing for an application for Special Use Permit, as defined in Section 5.03 of the Newmarket Zoning Ordinance
Applicant: Moody Point Company
Location: Osprey Lane, Tax Map R2, Lot 5-1-1 & 5-1-2, Zone R1.
Description: The application requests authorization to impact a small, isolated, and low quality man-made wetland as part of development plans for two previously approved house lots. The applicant proposes to construct one two-family residence on each of the previously approved house lots.
Request for continuation to December 9, 2008.
George Willant noted the Planning Board had received a letter requesting a continuance to the December 9, 2008 meeting to allow the applicant time to adequately prepare the information.
Action
Motion: Chester Jablonski made a motion to continue the application for Moody Point Company located at Osprey Lane, Tax Map R2, Lot 5-1-1 & 5-1-2, Zone R1 to the December 9, 2008 meeting.
Seconded: Rick McMenimen
Vote: In favor: Judith Carr, Chester Jablonski, Rick
McMenimen, Adam Schroadter, Janice Rosa,
George Willant
Opposed:
Abstained:
Public Hearing for an application for Special Use Permit, as defined in Section 5.03 of the Newmarket Zoning Ordinance.
Applicant: Moody Point Company
Location: Cushing Road, Tax Map R2, Lot 2-7, Zone R1.
Description: This application requests authorization to impact a small, low quality wetland as part of development plans for the previously approved house lot. The applicant proposes to construct a two-family residence on the previously approved house lot.
Request for continuation to December 9, 2008.
Action
Motion: Chester Jablonski made a motion to continue the Moody Point Company application located at Cushing Road, Tax Map R2, Lot 2-7, Zone R1 to December 9, 2008.
Seconded: Rick McMenimen
Vote: In favor: Judith Carr, Chester Jablonski, Rick
McMenimen, Janice Rosa, Adam Schroadter,
George Willant
Opposed:
Abstained:
Vice-Chairman Roy and Val Shelton rejoined the Board.
Vice-Chairman Roy explained he would allow Zoning Administrator Dan Vincent to speak on the Aquifer Protection and Excavation Regulations.
Other Business
Report and general discussion with Code Enforcement Officer Dan Vincent related to Aquifer Protection and Excavation Regulations.
Zoning Administrator Dan Vincent suggested the Board was familiar with the problems and issues surrounding sand pits. He referenced the rock crushing plant at Newmarket Sand and Gravel. He explained the Town has entered into an agreement with The Nature Conservancy on the Smith property. This property has a gravel pit located on it. He has reviewed the site with the Planning Board and NH DES; it has been determined there may not be enough material left on site to reclaim it to a 3/1 slope. The site has been over-mined. It is possible to cut additional trees and expand the pit to get additional material for reclamations. There is no baseline for the bed bottom. There are four remaining sites in town. After a visual inspection, it appears these sites are coming close to being completely mined. There are enough materials on site to reduce the slope as required. He discussed the protections under the Aquifer Protection provisions of the Zoning Ordinance in relation to the existing mined areas. He is here tonight to ask the Board to consider a future discussion regarding the possibility of requiring existing pits to submit a new plan indicating the bed bottom, seasonal high water table, bonding information and whether there is enough material left on site to reclaim.
Chester Jablonski asked if the Smith property would be mined. Zoning Administrator Dan Vincent explained there would be no mining of that property; such activities have ended. Chester Jablonski asked if The Nature Conservancy would re-grade the slope as required by state law. Judith Carr noted papers have not passed yet. Zoning Administrator Dan Vincent explained The Nature Conservancy intended to reclaim the pit in compliance with the regulations.
Town Planner Diane Hardy explained the Smith property was conditioned upon a reclamation plan being submitted within two years. The NH Department of Environmental Services, the New Hampshire Department of Fish and Game and the US Department of Agricultural Natural Resource Conservation Service (NRCS) would create the plan collaboratively.
George Willant asked if the Zoning Ordinance needed to be revamped or enforced. Zoning Administrator Dan Vincent explained the excavation requirements pertain to existing and permitted pits. These uses were allowed to continue but required fencing, slopes and a separation between the bottom of the pit and seasonal high water table. Section 155:E 11 grants the Planning Board authority to regulate the sandpits and even add additional regulations to sand pits. He suggested the Planning Board amend the regulations to include authority to request and require a reclamation plan to be inclusive of what was outlined this evening. The Planning Board does not have that authority now. The pits are located within an aquifer protection district.
Rick McMenimen asked if bonds should be requested for these pits. Town Planner Diane Hardy explained the Smith property application had included a discussion on requiring bonding, but because the application included a partnership between NH DES, NH Fish & Game and the Natural Resource Conservation Service, the Board had not felt it was necessary to require a bond.
Val Shelton recommended the Planning Board discuss this at a future workshop, so they can revisit the RSAs and local ordinances associated with the issues.
Public Hearing for an application for review of compliance and permitting process for active gravel pit in Newmarket
Town Planner Diane Hardy referenced a letter dated November 17, 2008 requesting a continuance to December 9, 2008 indicating the applicants needed the time to gather additional information.
Janice Rosa recused herself. Vice-Chairman Roy appointed Adam Schroadter to sit in as a voting member.
Action
Motion: Chester Jablonski made a motion to continue the application for review of compliance and permitting process for active gravel pit in Newmarket for Wayne and Janice Rosa located at 421 Wadleigh Falls Road, Tax Map R6, Lot 2, B3 Zone to the December 9, 2008 meeting.
Seconded: Rick McMenimen
Vote: All in favor
Continuation of Public Hearing and possible final approval for an application for Site Plan.
Applicant: Brandt Development Co of NH LLC
Location: 5 Spring Street, Tax Map U2, Lot 40, M2 Zone
Description: 6 Unit multi-family residential redevelopment project
Janice Rosa recused herself from this application. Vice-Chairman Roy appointed Adam Schroadter as a voting member.
Roger Roy, from MJS Engineering, explained property owner Hank Brandt and legal representative Chris Boldt were also present for tonight’s meeting. He noted Town Planner Diane Hardy had asked him to provide a brief summary of where the application has been since the October 14, 2008 meeting. At the October 14, 2008 the Planning Board had accepted the waiver requested regarding the site plan scale. A site walk was held on October 22, 2008 with the Planning Board and a number of abutters. A Technical Review Committee (TRC) meeting had been held with three Planning Board members, the Town’s review engineer Tobin Farwell and the applicant. A new set of plans had been submitted November 3, 2008 addressing comments from the site walk and TRC meeting including a letter summarizing the changes. The TRC, Planning Board, Town Planner and Building Official had reviewed the plans with a follow-up meeting November 7, 2008 for further discussion.
Town Planner Diane Hardy noted the applicant has requested waivers including a waiver from the plan scale, which had been approved October 14, 2008 and allowing a 22’ parking aisle width and 14’ driveway width for the common drive. After reviewing the plans with Tobin Farwell, the staff and TRC recommendation is that the waivers be granted. There is also a waiver request from underground utilities.
Town Planner Diane Hardy referenced the recommended conditions of the approval being:
The Plan Review Comments of Tobin Farwell, PE as stated in his November 13, 2008 review memo be addressed, with the exception of the three-foot sump for the drainage basin, per the email exchange of Tobin Farwell and the Applicant’s engineer dated November 17, 2008. (She noted Tobin Farwell no longer felt this was required.)
An amended landscape plan and planting schedule to be provided to the Planning Department, prior to plan signing, illustrating larger plant materials than specified on the current plan and including one compact tree in the landscape islands at the northwesterly side of the site.
Roger Roy explained the landscape architect had looked into this; they would propose a 2-2.5” crab apple variety, which would be shown on the final plans. Town Planner Diane Hardy agreed that would meet the intent of the discussion.
Town Planner Diane Hardy continued to discuss the conditions:
Note #7 on Sheet C2 shall be amended to read: “Snow may continue to be stored in the existing snow storage locations and at the perimeter of paved areas as shown on the plan. Any excess snow shall be removed from the site as necessary.”
A lighting detail cut sheet for the wall sconces to be approved by the Town’s Code Enforcement Officer, prior to plan signing.
A note be added to Sheet C2 stating that the existing common driveway shall be reclaimed and repaved to limits shown on the plan.
The northeasterly limit of the paved area between the existing and proposed building will be reduced to provide only the pavement needed to accommodate the use of the most northerly garage.
Roger Roy explained this has been shown on the plan. Pavement has been removed and the rest of the small area has been striped to discourage parking.
Town Planner Diane Hardy continued with the conditions:
The landscape plan (Sheet L1) shall be amended showing that the disturbed areas, which will receive 4 inches of loam and seed.
The ZBA conditions from the August 18, 2008 shall be noted on Sheet C1.
Notes shall be added to the plans to “The applicant shall retain as many of the existing trees on the property along the northeasterly property line and the proposed building as possible. All trees to remain shall be appropriately marked in the field prior to the start of construction activities. The proposed fencing along the northeasterly property line may be omitted: but the fencing around the dumpster area shall remain.”
Town Planner Diane Hardy explained this language would be revised to “the applicant shall retain any existing trees greater than 4” in caliper on the property along the northeastern property line between the existing and proposed building. Roger Roy agreed with the language revision.
Town Planner Diane Hardy continued with the conditions:
A note will be added to the fence detail requiring all corner posts and all gate support posts to be embedded in a 12” diameter by 3 foot deep concrete foundation within 6 inches of the interior of the slab perimeter.
A note will be added to the site plan indicating “An excavation permit shall be filed with the Department of Public Works prior to the start of any site work within the town’s right-of-way.
Town Planner Diane Hardy explained she had received correspondence from Phil LePage, Chairman of the Advisory Heritage Commission, concerning the proposed plan. The Advisory Heritage Commission is pleased with the design and would be taking ownership of the historic building, which would be removed.
Rick McMenimen asked if the sunken bricks along the travel path would be taken care of. Roger Roy answered there had been discussions about that during the site walk. The TRC had proposed the granite curb be rebuilt; it is double stacked now. The proposal is to extend it the length of the driveway. There would be a paved berm to protect basement windows. There would also be a paved berm on Water Street and Spring Street; the entire length of the driveway would be pitched to collect drainage.
Vice-Chairman Roy opened the public hearing at 8:01 p.m.
No comments.
Vice-Chairman Roy closed the public hearing at 8:01 p.m.
Roger Roy asked for “Active and Substantial Development” and “Substantial Completion” to be defined. He referenced a letter written regarding the impact fees. The applicant did not feel impact fees should be assessed, as there are six units, which would be replaced with six units; there is no net increase in units. Val Shelton asked what the required impact fees would be. Roger Roy answered the impact fees were between $2200 and $2300 for multifamily units, as there would be less impact on municipal services. Town Planner Diane Hardy explained those figures should be checked with the Building Inspector, as impact fees are paid at the time the occupancy permit is issued, but are a condition of the building permit.
Action
Motion: Val Shelton made a motion to grant the applicant’s request for waiver from Section 3.02 (B)(1)(b) allowing a 22’ parking aisle width and a 14’ common drive width.
Seconded: Judith Carr
Vote: In favor: Judith Carr, Rick McMenimen, Vice-Chairman
Roy, Adam Schroadter, Val Shelton
Opposed:
Abstained: Chester Jablonski, George Willant
Chester Jablonski and George Willant abstained from the vote, because they had not been present at the site walk.
Action
Motion: Val Shelton made a motion to grant the applicant’s request for waiver from Section 3.1 (A) to allow overhead utilities as proposed.
Seconded: Judith Carr
Vote: In favor: Judith Carr, Rick McMenimen, Vice-Chairman
Roy, Adam Schroadter, Val Shelton
Opposed: None
Abstained: Chester Jablonski, George Willant
Chester Jablonski and George Willant abstained from the vote, because they had not been present at the site walk.
Action
Motion: Val Shelton made a motion to approve the application for Brandt Development Co of NH LLC for a six unit multi-family residential redevelopment project located at 5 Spring Street, Tax Map U2, Lot 40, M2 Zone with the following conditions:
An amended landscape plan and planting schedule to be provided to the Planning Department, prior to plan signing, illustrating larger plant materials than specified on the current plan and including one compact tree in the landscape islands at the northwesterly side of the site.
Note #7 on Sheet C2 shall be amended to read: “Snow may continue to be stored in the existing snow storage locations and at the perimeter of paved areas as shown on the plan. Any excess snow shall be removed from the site as necessary.”
A lighting detail cut sheet for the wall sconces to be approved by the town’s Code Enforcement Officer, prior to plan signing.
A note shall be added to Sheet C2 stating that the existing common driveway shall be reclaimed and repaved to limits shown on the plan.
The northeasterly limit of the paved area between the existing and proposed building will be reduced to provide only the pavement needed to accommodate the use of the most northerly garage.
The Landscape plan (Sheet L1) shall be amended showing the disturbed areas will receive 4 inches of loam and seed.
The ZBA conditions from the August 18, 2008 shall be noted on Sheet C1.
Notes shall be added to the plans: “The applicant shall retain as many of the existing trees on the property along the northeasterly property line and the proposed building as possible. All trees to remain shall be appropriately marked in the field prior to the start of construction activities. The proposed fencing along the northeasterly property line may be omitted: but the fencing around the dumpster area shall remain.”
A note will be added to the fence detail requiring all corner posts and all gate support posts to be embedded in a 12” diameter by 3 foot deep concrete foundation within 6 inches of the interior of the slab perimeter.
A note will be added to the site plan indicating “An excavation permit shall be filed with the Department of Public Works prior to the start of any site work within the town’s right-of-way.
Seconded: Judith Carr
Vote: In favor: Judith Carr, Rick McMenimen, Vice-Chairman
Roy, Adam Schroadter, Val Shelton
Opposed: None
Abstained: Chester Jablonski, George Willant
The Board discussed the applicant’s request for waiving the impact fees. Attorney Chris Boldt explained Section 7.07 applies to new construction. He argued there were six units on the property and the renovation proposed would result in six units. The question became whether the sixth unit was ever residential. Town Planner Diane Hardy stated there is no historical evidence supporting the notion the front building had ever been residential. She felt this proposal would be a net increase of one residential unit. The applicant should be assessed an impact fee of $2,287 for this new unit.
Hank Brandt explained he is not requesting a waiver at this point. The Board needed to determine whether impact fees would be assessed. Vice-Chairman Roy asked about the building to be removed. Hank Brandt answered he would prefer for the Board to make their determination on whether there is a net unit increase based on information presented and not because he would be donating the building to the Advisory Heritage Commission. There would be other historical items the Advisory Heritage Commission or Historical Society would be interested in that he would be more than willing to donate. He is not looking for favors.
Vice-Chairman Roy opened the public hearing at 8:16 p.m.
No comments.
Vice-Chairman Roy closed the public hearing at 8:16 p.m.
Val Shelton noted the Town Council would need to approve waiving the impact fees in lieu of the proposed contribution. Hank Brandt reiterated it was not his intent to negotiate with the Town on this matter. He felt the Board needed to determine whether the impact fees should be assessed based on whether they felt there would be a unit net increase. He did not feel the impact fee was applicable.
Walter Langlois stated he has been a resident of the area for 81 years; the building in question has always been a shed.
The Board discussed whether there was a net increase in units as a result of the proposal.
Action
Motion: George Willant made a motion there is a net increase of one residential unit resulting in the applicable impact fees being assessed.
Seconded: Chester Jablonski
Vote: In favor: Judith Carr, Chester Jablonski, Rick
McMenimen, Vice-Chairman Roy, Adam
Schroadter, Val Shelton, George Willant
Opposed: None
Abstained: None
Janice Rosa, of Wadleigh Falls Road, asked who would move the building in question. Vice-Chairman Roy suggested it would be up to the organization who takes ownership of the building unless an agreement was made between the organization and property owner.
Hank Brandt presented a letter requesting a waiver from the impact fees since the Board had found they were applicable. He requested the waiver because there would be less of an impact since the commercial use would cease in lieu of residential use. Town Planner Diane Hardy did not believe the commercial use was not a legal non-conforming use; she added the woodworking and gift shop had been abandoned a while ago. Hank Brandt stated the building had been occupied up until just a few months ago. Attorney Chris Boldt answered the building had been taxed as a separate commercial building. Adam Schroadter stated there had been a record studio there.
The Board discussed the letter requesting the impact fees be waived. The applicant had provided their reasoning as there was no increase in net units.
Hank Brandt stated he would like to withdraw his request for waiving of impact fees at this time.
Attorney Chris Boldt stated “Active and Substantial Development” and “Substantial Completion” needed to be defined. He suggested, since the economic times are uncertain, “Active and Substantial Development” be the removal of the front building within one year. He suggested “Substantial Completion” be the complete renovation of the existing five unit building and the foundation poured for the front building. Town Planner Diane Hardy agreed these were reasonable for vesting purposes.
Action
Motion: George Willant made a motion to define Active and Substantial Development as the removal of the front building and garages. Substantial Completion is defined as the renovation of the existing building and the pouring of the foundation for the new building.
Seconded: Rick McMenimen
Val Shelton questioned the timing. She did not feel it was in the Town’s best interest to have a foundation sitting on Spring Street in the event financing fell through. She felt it would be better to attach driveway and site improvements. Vice-Chairman Roy agreed stating he did not want to see a foundation on a lot for a period of time.
Attorney Chris Boldt recommended the Board focus on the complete renovation of the rear building. In the event there is an interruption of cash flow, this shows the applicant’s intent to continue with the proposal. Val Shelton felt that would protect the Town’s interest better. She added she was not questioning the applicant’s ability or integrity.
George Willant withdrew his motion. Rick McMenimen withdrew his second.
Action
Motion: Val Shelton made a motion to define Active and Substantial Development as the removal of the front buildings and garage within one year of approval date. Substantial Completion would be defined as the complete renovation of the rear building with associated site improvements of the rear building within four years.
Seconded: George Willant
Vote: In favor: Judith Carr, Rick McMenimen, Vice-Chairman
Roy, Adam Schroadter, Val Shelton, George
Willant
Opposed:
Abstained: Chester Jablonski
Public Hearing for an application for site plan review
Applicant: Shearwater Investment Corp
Location: 12 Forbes Road, Newmarket, NH, Tax Map R3, Lot 9-4, Zone B2.
Description: The proposal is to remove and replace certain exterior trailer storage and replace it with a single modular storage structure with a greatly diminished footprint, which would be 40’ x 100’ x 18’. Also, dumpster location and screening and the visibility of some of the additional outside storage will be addressed.
Janice Rosa rejoined the Board.
Steve Turhune, of Vyn-All Products, explained Vyn-All has been in the community for twenty years. This proposal would remove the unsightly storage trailers. The proposal would replace most of the trailers with one modular structure to improve aesthetics. He explained there had been a meeting with Town Planner Diane Hardy, Zoning Administrator Dan Vincent, and representatives from Vyn-All to discuss compliance issues associated with the property.
George Willant asked what kind of products would be stored in the modular unit. Steve Turhune answered there would be raw materials and sheet vinyl. There would be no chemicals or hazardous waste. Vice-Chairman Roy stated this structure would be Quonset (hut) like. Steve Turhune agreed stating there would be twelve foot walls and asphalt floors. There would be no trailers in the front or the side of the building. It was unknown how many trailers would be kept until the materials were moved to the modular building. It was their intent to remove all trailers from view.
George Willant asked if there was a potential drainage problem. Town Planner Diane Hardy referenced staff recommendations stating the site drainage would need to be approved by the Building Inspector prior to the issuance of the Building Permit. There have been extensive discussions about site drainage. She would defer to Zoning Administrator Dan Vincent to work with the applicants on this issue. The soils are well-drained; she did not anticipate a problem. Steve Turhune stated they had met with Jones & Beach Engineers to address the issues and presented a signed letter to Town Planner Diane Hardy and read the letter into the record. The letter included recommendations, such as there would be an inspection after the trailers were removed; the ground needed to be checked to ensure it would structurally accept the modular building; there needed to be a 30’ setback from the Boston & Maine Railroad property observed; and heavy vehicles would not cross the leech field. The letter was signed by Jonathan Ring, President of Jones & Beach Engineers. The letter was stamped by a Professional Engineer.
George Willant asked how the materials would be brought in and out of the modular structure. Steve Turhune answered there is a 14-foot roll up warehouse door and two man-doors. The material would be moved by forklift.
Vice-Chairman Roy asked if the modular structure could come in a color other than white. Steve Turhune answered there are other colors available. He would need to address the color issue, as there is no electricity proposed and the white color would allow light in. He asked for white on top with a different color on the bottom.
Val Shelton asked if this property was condominiumized or if it was owned in fee simple. Steve Turhune answered Vyn-All was the leaseholder from Shearwater Investment Corporation. Val Shelton asked about the current compliance with this property. Town Planner Diane Hardy explained there are outstanding code violations, as a result of the storage trailers. The Planning Board held a discussion with Code Enforcement Office Dan Vincent about code violations throughout Town about a year ago. Since then, photos have been taken, inspections have been done and property owners have been contacted. The applicant has voluntarily come to the Board to remedy the situation.
Jay explained there would be several trailers leaving immediately. There are 37 total trailers currently. Steve Turhune explained there are additional plans to remove the rest of the trailers.
Val Shelton explained it is important for the Planning Board to entice businesses to Town and just as important to keep the businesses that are in Town here. It is obvious this business needs warehouse space, as there are other businesses that also need warehouse space. The alternative to construction and expanding permanent warehousing is temporary storage units. From a tax standpoint, temporary storage units are taxed at 1/10 what permanent structures would be taxed. The Board needs to be conscientious, when granting approvals for such temporary structures. The Board’s decision could affect other industrial and commercial areas in town. She felt this proposal is significantly better than what is there now, but is still a short term solution. She felt the Board needed to start doing more forward thinking for permanent solutions.
Steve Turhune noted there had been a plan on the books several years ago to add a 40-foot addition to the existing building. At the time, finances would not support such a construction project.
Val Shelton noted there are a lot of construction materials behind the trailers. She asked if that would be cleaned, as well. Steve Turhune answered that was part of the Phase II agreements. They are working diligently to clean up the broken pallets.
Vice-Chairman Roy asked if there would be an advantage to a larger unit. Steve Turhune answered a larger building is cost prohibitive. They are trying to replace as many trailers as possible. This unit would provide enough storage within the same cost footprint allotted.
Vice-Chairman Roy asked whether the trailers that would remain would be owned or leased. Steve Turhune answered most of the trailers are owned.
Vice-Chairman Roy asked what the life of the approval for a temporary storage unit was. Steve Turhune answered normally it is three years, but they would be asking for a four year approval, so the approval from the Planning Board ran concurrently with their lease. They would have the burden of removing the building when necessary. Vice-Chairman Roy asked that a copy of the lease be provided to the Board for the file. George Willant added the applicant would need to come back for further approval of the structure, if the lease is renewed.
Town Planner Diane Hardy agreed a more permanent solution should be sought. Part of the problem is the industrial park will not have a lot of warehouse space available without major investments being made. She suggested the Board begin to look long term; perhaps in terms of another industrial/commercial park.
Vice-Chairman Roy read the staff recommendations as follows: “That the proposed application be accepted for review and conditionally approved subject to the following conditions:
The Planning Board grant a waiver from full site plan review requirements.
The site drainage be approved by the Building Inspector prior to the issuance of the Building Permit.
The Plans be stamped by a NH PE to assure structural integrity and proper snow loads.
The applicant bring the Vyn-All property into full compliance with the current Newmarket codes by addressing the screening of dumpster and outside storage areas as set forth in the application by the Summer of 2009.
This application is approved as a temporary storage measure with a renewal of this permit by the Planning Board within three (3) years of this date.
Val Shelton asked what the summer of 2009 meant specifically according to the Board.
Steve Turhune asked if the letter submitted would satisfy the site drainage requirement. Town Planner Diane Hardy answered it would. A copy would be put in the file.
Action
Motion: George Willant made a motion to accept the application for review.
Seconded: Val Shelton
Vote: In favor: Judith Carr, Chester Jablonski, Rick
McMenimen, Janice Rosa, Vice-Chairman Roy,
Val Shelton, George Willant
Opposed: None
Abstained: None
Action
Motion: To grant the applicant’s request for a waiver from full site plan review requirements for Vyn-All located at 12 Forbes Road, Newmarket, NH, Tax Map R3, Lot 9-4, Zone B2.
Seconded: Val Shelton
Vote: In favor: Judith Carr, Chester Jablonski, Rick
McMenimen, Janice Rosa, Vice-Chairman Roy,
Val Shelton, George Willant
Opposed:
Abstained:
Vice-Chairman Roy opened the Public Hearing at 9:09 p.m.
No comments.
Vice-Chairman Roy closed the Public Hearing at 9:09 p.m.
Town Planner Diane Hardy read the recommended conditions of approval as follows:
The plans be stamped by a NH Professional Engineer to assure structural integrity and proper snow loads.
The applicant bring the Vyn-All property into full compliance with the current Newmarket codes by addressing the screening of the dumpster and outside the storage areas as set forth in the application by August 1, 2009.
The application is approved as a temporary storage measure with consideration given to the renewal of this permit by the Planning Board within four years of this date so as to be concurrent with the term of the current lease.
The temporary storage facility will be removed by the applicant upon the applicant vacating the building.
Val Shelton asked if the applicant was Vyn-All or Shearwater Investment Corporation. Town Planner Diane Hardy explained the applicant was Vyn-All.
Action
Motion: George Willant made a motion to approve the application for site plan review for Vyn-All located at 12 Forbes Road, Newmarket, NH, Tax Map R3, Lot 9-4, Zone B2 with the conditions as read into the record by Town Planner Diane Hardy.
Seconded: Val Shelton
Vote: In favor: Judith Carr, Chester Jablonski, Rick
McMenimen, Janice Rosa, Vice-Chairman Roy,
Val Shelton, George Willant
Opposed: None
Abstained: None
George Willant noted the previous motions had been made referencing Shearwater Investment Corporation as opposed to Vyn-All. He asked for the record to reflect any reference to Shearwater Investment Corporation reference Vyn-All Corporation.
Other Business
Rick McMenimen acknowledged the Board would not be voting on the October 14, 2008 minutes, but noted on Page 8, there was no vote as part of the motion. Town Planner Diane Hardy asked the recording secretary to review the meeting for clarification.
Vice-Chairman Roy noted Town Council Chairman Dana Glennon had charged the Planning Board with reviewing the Ordinance for a Historic District and Commission. The initial timeframe suggested had been short. At that time, Chairman Badger had pointed that out indicating the Board would need more time. Vice-Chairman Roy suggested a subcommittee might be good way to start discussing the guidelines. The subcommittee would then present their recommendations to the Planning Board for discussion.
Rick McMenimen and Val Shelton volunteered for the subcommittee. George Willant asked to be notified of the meetings and expressed his interest in participating, when his schedule allowed. Adam Schroadter expressed interest in serving as well, but did not know if he could serve as a member as he was a property owner of property within the proposed historic district.
Vice-Chairman Roy recommended the subcommittee be prepared to bring their recommendations to the January Planning Board meeting for discussion. Val Shelton and Rick McMenimen felt that would be sufficient time.
Leo Filion asked when the Board would discuss the report and general discussion with the Code Enforcement Officer related to the Aquifer Protection and Excavation Regulations. Vice-Chairman Roy explained that had briefly been discussed earlier in the meeting. The Planning Board would be discussing this further at a future workshop.
Adjournment
Action
Motion: George Willant made a motion to adjourn at 9:21 p.m.
Seconded: Rick McMenimen
Vote: In favor: Judith Carr, Chester Jablonski, Rick
