Present: John Badger (Chairman), Judith Carr (Town Council representative), Diane Hardy (Town Planner), Chester Jablonski, Rick McMenimen (Alternate), Janice Rosa, Val Shelton, George Willant
Absent: PeterRoy (Vice-Chairman), Adam Schroadter (Alternate)
Chairman Badger called the meeting to order at 7:00 P.M.
Pledge of Allegiance
Chairman Badger noted today is Town Planner Diane Hardy’s birthday.
Public Comments
Attorney Tom Hildreth wished Town Planner Diane Hardy a “Happy Birthday.”
Review and Approval of Minutes: 12/09/08, 12/12/08, 12/16/08
December 9, 2008
Action
Motion: Janice Rosa made a motion to approve the minutes from the December 9, 2008 Planning Board meeting.
Seconded: Chester Jablonski
Vote: In favor: John Badger, Judith Carr, Chester
Jablonski, Janice Rosa, Val Shelton
Opposed:
Abstain: George Willant
George Willant noted he abstained from the vote, because he had not been present at the meeting.
December 12, 2008
Chairman Badger appointed Rick McMenimen to sit in as a voting member.
George Willant noted line 45 should read “two cuttings of trees on property.”
Action
Motion: George Willant made a motion to accept the minutes from December 12, 2008, as amended.
Seconded: Rick McMenimen
Vote: In favor: Chester Jablonski, Rick McMenimen,
Janice Rosa, George Willant
Opposed:
Abstain: John Badger, Judith Carr, Val Shelton
December 16, 2008
Town Planner Diane Hardy noted Attorney Laura Spector had recommended some changes to the minutes. She noted on Page 21, third line down, the sentence should read “. . . the Board did not intend.”
George Willant noted on page 3, the fourth full paragraph should read: “She noted legal documents presented to the Town are forwarded for legal review. She cannot recommend adoption of the documents as presented.” On page 3, last paragraph should read: “Laura Spector from the Mitchell Municipal Group representing the Town of Newmarket clarified there was disagreement in the meaning of Town Planner Diane Hardy’s email.” On page 8, the first sentence in the last paragraph should read “referenced a November 7, 2008 letter”, rather than “referenced a letter sent on November 7, 2008”.
On page 8, the last paragraph, the last sentence should read: “The deal is contingent upon the sale of these view easements” instead of “There would need to be a deal agreement because”. On page 9, sixth line down “enforced” should be “in force.” On page 12, third paragraph, seventh line down, the sentence should read “The expectation is the board should not have to read the applicant’s mind for the true intentions” instead of “the expectation is the Board should read the applicant’s mind for the true intentions.” On page 13, it should be clear the Shoreline Protection Act “ is a program of the New Hampshire Department of Environmental Services.” On page 16, fourth full paragraph, fourth line down should be “maligned” not “aligned.”
Action
Motion: Judith Carr made a motion to accept the minutes from December 16, 2008 as amended.
Seconded: Janice Rosa
Vote: In favor: Judith Carr, Chester Jablonski, Rick
McMenimen, Janice Rosa, George
Willant
Opposed:
Abstain: John Badger, Val Shelton
Regular Business
Dan Vincent – Discussion of aquifer
Chairman Badger noted Dan Vincent was unable to be here tonight due to illness. He wishes Dan Vincent a speedy recovery.
Extension of Conditional Approval of Minor Site Plan Review
Applicant: Verizon Wireless
Location: Water tower on Great Hill Tax Map U5, Lot 57-T, Zone R2
Proposed Use: Wireless Communications Facilities
Attorney Thomas Hildreth noted the Planning Board had granted conditional approval on May 20, 2008 for a minor site plan to allow the co-location of wireless antennas on the Newmarket Town water tank located on Great Hill. Two conditions precedent had been imposed. The applicant failed to meet these conditions within the time frame allotted and also failed to ask for an extension of the approval. He noted he is prepared to meet the two conditions which were: a bond be provided for removal of antenna in accordance with Section 5.07(F) of the Newmarket Zoning Ordinance and final plans submitted will show the removal of the AT&T antennas and propane tank and relocation of the Verizon Wireless antennas. Doug Mansfield (the attorney for the Town) has received the executed lease and the bond which was executed earlier this month. He explained acquisition of another wireless company in August had diverted much of the construction team’s attention. He also noted the applicant had gotten ahead of themselves in permitting. The company usually has its contracts in place before beginning the permitting process. The de-leading (of the paint) on the tank required additional environmental soil samples, as part of the required environmental assessment.
Town Planner Diane Hardy recommended: (1) the Planning Board grant a waiver on the requirement that the request for an extension be made prior to the expiration of the six months period for the conditional approval; and (2) the Board grant a six-month extension to complete the planning process.
George Willant asked when the Planning Board would receive the documents necessary to fulfill the conditional approval. Tom Hildreth noted he provided Town Planner Diane Hardy with those documents tonight. George Willant asked if a time extension for less than six (6) months could be granted. Tom Hildreth noted he understood, if the Board was to grant a six-month extension, that extension would begin when the original six months expired, which was November 20, 2008, and would end six months from then, or May 20, 2009.
Action
Motion: Val Shelton made a motion to grant the waiver as requested from Section 2.15(C)(2) requiring the extension request to be submitted prior to the expiration of conditional approval due to unusual circumstances as discussed in the letter dated January 7, 2009.
Seconded Judith Carr
Vote: In favor: John, Badger, Judith Carr, Chester
Jablonski, Rick McMenimen, Janice
Rosa, Val Shelton, George Willant
Opposed:
Abstain:
Action
Motion: Val Shelton made a motion to grant a six-month extension of the conditional approval granted in May 2008 to Verizon Wireless for Minor Site Plan for use of the water tank. This extension begins at the original expiration date.
Seconded: Chester Jablonski
Vote: In favor: John, Badger, Judith Carr, Chester
Jablonski, Rick McMenimen, Janice
Rosa, Val Shelton, George Willant
Opposed:
Abstain:
Review and Update of Planning Board Rules of Procedure
Chairman Badger referred to the “Draft” that everyone had received prior to the Planning Board meeting. He noted, on Page 4, a new process for the withdrawal of applications is being proposed. He would like to see seven (7) days, including five business days, be required as advance notice for withdrawal of an application. In addition, he would like to see the time extended for requesting a continuance to seven (7) days, as well. The purpose of the timeline is to lighten the minute rush of workload for Administrative Assistant Sue Jordan and Town Planner Diane Hardy in last minute preparations for the meeting.
George Willant understood the intent, but asked what happens if an applicant shows up at the meeting to ask for a continuance or withdrawal of an application. Chairman Badger suggested the applicant should be prepared to move forward with their requested application. He hoped the procedure would be forwarded to applicants so they know what to expect and what is required of them.
George Willant noted if the Planning Board accepts an application, the Board should have the right to continue the application if the requested or required information is not available at least seven (7) days prior to the meeting. Town Planner Diane Hardy noted she worked on the application submission paragraph indicating any information submitted after the seven-day deadline or at the meeting would be only taken under advisement of the Board. The Board can choose to continue the application in order to have time to review the information or the Board can choose by a majority to hear the application with the submitted information. There have been special cases where the Board has not accepted applications initially, because not all the information was complete.
Chairman Badger noted his intent was to require the applicant to act responsibly. There is a lot of work that goes into the review of the applications by the Board, as well as Town staff. It is not fair to any Board or staff member to spend time on an application and then have it be continued at the last minute. It is also not fair not to be able to post a notice in enough time in advance to notify the public that an application will not be heard.
Chairman Badger felt the guidelines pertaining to workshops is unclear. He drafted language to clarify the workshops are scheduled at the Board’s discretion and as needed. Val Shelton noted it should be made clear the workshop agenda will be for non-application planning issues. George Willant asked about technical review meetings for applications. Town Planner Diane Hardy noted they would be set up as a subcommittee of the Planning Board. Val Shelton noted that was also covered in the Site Plan Review regulations.
Val Shelton suggested changing the order of business, so review and approval of meeting minutes was done at the end of a meeting in order to be cognizant of applicants spending money on having legal or engineering representatives present. She added the application submission language relates to complete plans. The Town Planner should determine whether an application is substantially complete. The Board on many occasions has been asked to review an application that has been substantially complete. She suggested the way this was worded indicates the Board will hear only completed applications. Town Planner Diane Hardy indicated the intent is to only put an application on the agenda if it is substantially complete. The Board cannot accept an application until it is complete. She has a checklist that must be completed. Val Shelton felt substantially complete allowed Town Planner Diane Hardy the flexibility to determine whether an application makes it on an agenda or not based upon its completion.
Rick McMenimen noted there needs to be consistency throughout the document with the use of Chairman/Vice-Chairman and Chair/Vice-Chair. He suggested in the beginning to refer to them as Chairperson and Vice-Chairperson herein referred to as Chair and Vice-Chair. He added there should be a statement noting the Chair would appoint a replacement Chair if at some point neither the Chair nor the Vice-Chair is available to attend the meeting. He added there are too many “that”s throughout the document.
Chester Jablonski noted at the opening of the meeting, it should be formally stated the Board could vote to extend the time the meeting will end.
Janice Rosa noted it was important to mention some meeting notices, such as those for gravel pit excavations, are required to be posted in three places, as called for by the RSAs. Those exceptions should be noted in the Rules of Procedure, as appropriate.
George Willant noted he has been on the Planning Board in the past where the Board has done the review and approval of minutes at the end. The problem was the minutes would get backed up because the meetings would run late. The Board has the discretion to postpone the minutes to the end of the meeting, if needed. The Board agreed to keep the minutes first on the agenda, rather than have them later in the meeting.
Janice Rosa asked if department heads should be required to attend Technical Review Committee (TRC) meetings. If they cannot attend, something should be submitted in writing to the TRC relative to their concerns. Town Planner Diane Hardy agreed it is important for department heads to attend TRC meetings but felt it should be handled administratively, rather than addressed formally in the Planning Board Rules of Procedure.
Town Planner Diane Hardy noted she clarified alternate members voting privileges are restricted, unless an Alternate is appointed by the Chair to replace a regular member. Meetings are the second Tuesday of the month at the Town Hall, unless previously posted. The public input session should be at the discretion of the Board. Janice Rosa noted the Board, as a whole, should make the decision how long each public speaker can speak, not just the Chair.
Town Planner Diane Hardy noted she added a section relative to application submissions requiring all application materials, including revised plans, to be submitted 15 days in advance of the meeting to allow time for adequate review and follow-up.
Town Planner Diane Hardy noted the written minutes accepted by the Planning Board are the official records of the Board. A notice of decision used to be required within 72 hours; it is now 144 hours. Chester Jablonski asked if six days could be added in parentheses. Rick McMenimen asked if the Town kept the DVDs of the broadcast meetings. He asked what recourse an applicant has if the Board reviews and accepts a set of minutes and the applicant does not feel what was said is reflected accurately. Val Shelton noted the RSAs are very specific. The written minutes are the official record of the Board. There is a certain period of time for appeals. She noted this was covered in the spring and fall training sessions put on by the New Hampshire Office of Energy and Planning. Written minutes are the official records, not the broadcast or audiotapes.
Town Planner Diane Hardy noted meetings with the attorney are not subject to the “Right to-Know” law; minutes are not required for these meetings. Non-meetings with the attorney can be called at any time and do not have to be noticed.
George Willant expressed his concern with the Board needing to determine how long the public can speak. The Chair conducts the meeting and controls how the meeting is run. It should be at the discretion of the Chair to determine the time allotted. The Board agreed.
John Badger asked Town Planner Diane Hardy to pull together the changes made for a “final” draft to be made available to the Board for the next meeting. Town Planner Diane Hardy noted there is a workshop next Tuesday, January 27, 2009, on the Historic District Ordinance at 7:00 p.m.
Other Business
Judith Carr asked about the Cheney application for the subdivision at Moody Point, Lot 13 that had been filed in January. Town Planner Diane Hardy noted they had filed an application and had withdrawn that application 24 hours later. She had heard the New Hampshire Wetlands Bureau had denied the permit for filling the wetland on the two lots on Osprey Landing and Cushing Road.
Janice Rosa asked for an update by the Planning Board members who serve on other committees.
Chairman Badger noted the Black Bear TIF has held sporadic meetings. They have met with landowners to ensure they are heading in the right direction. Finances have been determined. The meeting in January was cancelled due to Budget Committee conflicts. A meeting is scheduled for February. There is an unspoken agreement to move forward or dissolve the Black Bear TIF by mid-year.
Rick McMenimen noted the Downtown TIF held a meeting in November. He had been on vacation during the last meeting. He understands there is a meeting scheduled in February. He attended the Strafford Regional Planning Commission (SRPC) meeting Thursday in Madbury. He provided a list of topics that were discussed to Town Planner Diane Hardy to review and provide questions, as needed. The SRPC is hoping to get the Cocheco River designated as a part of the State Rivers Management Program. There have been discussions about transportation as well. He believed the bicycle paths and sidewalk project being done by the State have been delayed.
Chester Jablonski noted the School Board met on Saturday to discuss a possible easement over a portion of the Durell Woods Association open space land for use by the school. The meeting was continued to the regularly scheduled School Board meeting Thursday at 7:00 p.m.
Val Shelton explained the Conservation Commission has concerns regarding the development on the Class VI portion of Neal Mill Road. The Conservation Commission wants to ensure there is full compliance especially with the wetlands conservation regulations. The Commission is supportive of updating the Shoreline Protection Overlay District to make it more conforming with the new State law. The Commission would like the Aquifer Protection Ordinance and Wetlands Ordinance to better address the issue of animal husbandry. Chairman Badger noted Val Shelton has volunteered to work on making the Shoreline Protection Overlay District Ordinance more conforming more conforming to state laws.
Chester Jablonski asked if the status of Neal Mill Road would be upgraded. Val Shelton noted that would be a Town Council issue. The residents would need to petition the Town Council if the road is upgraded to meet Class V road standards. Town Planner Diane Hardy noted the applicant is expected to come back to the Planning Board at the February meeting. A meeting of the TRC will be set up in the interim to review the plan.
Judith Carr noted the Town Council is trying to get funds from the federal stimulus program for some public works projects in Town.
George Willant noted the Open Space Commission has had one meeting since he was appointed. He had been unable to attend that meeting.
Chester Jablonski asked about the status of the Selectwood property. Town Planner Diane Hardy noted she has heard the project would be on hold for one year. Val Shelton asked if there was a process to track approvals and conditions. Town Planner Diane Hardy noted the Selectwood project is vested as they had completed the required off-site improvements. She replied that the Planning Department monitors projects to track projects and makes sure the conditions of approval are met.
Chairman Badger noted New Hampshire has passed a new law relating to workforce housing that will go into effect July 1, 2009. This law obligates the Town to do an inventory of workforce housing and to certify compliance. Rick McMenimen noted a representative of the New Hampshire Housing Finance Authority suggested this would not apply to Newmarket due to the number of apartments and rental units already in town. Diane Hardy noted Housing Authority requirements apply to all communities and this would apply to Newmarket.
Adjourn
Action
Motion: Chester Jablonski made a motion to adjourn at 8:11 p.m.
