Minutes
NEWMARKET PLANNING BOARD MEETING
APRIL 8, 2014
MINUTES
Present: Eric Botterman (Chairman), Diane Hardy (Town Planner), Val Shelton (Vice Chairman), Ginger Smith (Alternate), John Brackett, Dan Wright (Town Council ex officio), Janice Rosa
Absent: Rick McMenimen, Jane Ford (Alternate) – both excused
Called to order: 7:05 p.m.
Adjourned: 8:04 p.m.
Agenda Item #1 – Pledge of Allegiance
Agenda Item #2 – Public Comments
None.
Agenda Item #3 – Review & approval of minutes: 02/11/14, 03/18/14
02/11/14
Action
Motion: Val Shelton made a motion to accept the Planning Board minutes of 02/11/14, as amended
Second: John Brackett
Val Shelton stated on page 11, line 6, she would like to add the word “Newmarket” in front of Conservation Commission in the condition.
Vote: Janice Rosa & Dan Wright abstained due to absence
All others in favor
03/18/14
Action
Motion: Val Shelton made a motion to approve the Planning Board minutes for March 18, 2014 as may be amended
Second: Janice Rosa
Vote: Eric Botterman & Dan Wright abstained
All others in favor
Agenda Item #4 – Regular Business
Election of Officers & Appointments to Committees
Janice Rosa nominated Eric Botterman for Chairman. Val Shelton seconded.
There were no other nominees.
All in favor
Janice Rosa nominated Valerie Shelton for Vice Chairman. Eric Botterman seconded.
There were no other nominees.
All in favor
Chairman Botterman stated there is a sheet with Planning Board appointments listed. Val Shelton suggested discussing this after the applications. All members agreed.
Kelli Hardy – Request for a waiver of impact fees for an accessory apartment located at 5 South Street, Tax Map U3, Lot 154, M2 Zone.
Kelli Hardy, owner of 5 South Street, stated she is requesting the waiver of impact fees associated with the accessory apartment she is adding. She requested the school and recreation fees be waived. An accessory apartment does not lend itself to families with children. She was also requesting the water and wastewater fees be waived. By adding the accessory apartment, it reduces the number of bedrooms from eight to five. This decreases the potential number of people living there. The Superintendant of Wastewater has waived the hookup fees for water and sewer.
Val Shelton asked how many bedrooms the accessory apartment had. Kelli Hardy stated there was one bedroom. She included, in her letter of request for a waiver, a list of other people who have received waivers of impact fees for accessory apartments in the past.
Chairman Botterman stated they have waived school and recreation fees in the past for accessory apartments. He was not sure about the water and sewer fees.
Action
Motion: John Brackett made a motion to waive the impact fees, as requested for an accessory apartment located at 5 South Street, Tax Map U3, Lot 154, M2 Zone
Second: Janice Rosa
Vote: All in favor
Val Shelton stated she did not believe the impact fees applied to accessory apartments. The definition of accessory apartment states it is accessory to the primary use. She did not believe people should be coming in for waivers for these. She has asked for clarification of this. She stated this is for the creation of new residential units. An accessory apartment is not a new residential unit. It is accessory to the primary structure. She would like to have an interpretation. Chairman Botterman will speak to the Code Enforcement Officer about it, as he makes the determination involving impact fees.
NIP Lot 6 LLC/Shearwater Investment Corp. – Continuation of a public hearing for an application for Major Site Plan review, at 2 Forbes Road (NIP Lot 6 LLC), Tax Map R3, Lot 9-6, and 181 Exeter Road (Shearwater Investment Corp.), Tax Map R3, Lot 8, both in the B2 Zone. The proposal is for a 24,000 square foot expansion of the existing industrial building located at 2 Forbes Road, with associated parking, drainage, and landscaping improvements. Pending site plan approval, the lots will be merged to make one lot.
Chairman Botterman read a letter from NIP Lot 6 LLC/Shearwater Investment Corp. where they granted a waiver of the 65-day requirement for site plan decision and are providing an additional period of 65 days.
Action
Motion: Val Shelton made a motion that they continue the application for NIP Lot 6 LLC and Shearwater Investment Corp to May 13
Second: Janice Rosa
Chairman Botterman stated there is a site walk on Friday at 9:00 with NH DOT. The Board is welcome.
Vote: All in favor
Newmarket Mills, LLC - Design Review at Main Street, Tax Map U2, Lot 57, M2-A Zone. The subject parcel received Minor Site Plan approval on April 9, 2013 to convert the existing building (formerly “Riverdale Automotive”) to a restaurant. The restaurant use is no longer being pursued. The proposal is to convert and expand the building for use by a local grocer as a market focused on perishable foods, such as meat and local produce. In addition, there would be a drive-through service for coffee sales.
Chairman Botterman stated the applicant was looking for feedback on the conceptual plan.
Matt Assia, Chinburg Properties, stated the site plan stays the same as what was previously approved for the restaurant. As you enter from Route 108, the one way access with the driveway permit that was issued by NH DOT will remain. The parking lot would allow you to travel through to the rear lot, where you could go left or right and circle back to Route 108. He showed the plan that shows how the drive-through might look. He introduced Harry Wesson and Dana Spence, the grocery owner.
Mr. Assia stated the traffic pattern through the lot eliminates two parking spaces. The change of use from restaurant to grocer and coffee service has a slightly lower demand for parking.
He met with NH DOT that afternoon and they spoke about the driveway permits that had been issued for the three driveways. NH DOT asked for data supporting their position that this change does not have any bearing on Route 108 from what was already approved. Diane Hardy asked if that will also look at stacking related to the drive through. Mr. Assia stated they are concerned about any stacking that would spill onto Route 108. They will engage Steve Parnell to perform the trip counts and traffic study.
Val Shelton asked where the crosswalk to the mills was on the plan. Mr. Assia indicated the location on the plan. He stated the north entrance would be closed off.
Chairman Botterman asked how big the grocery store would be. Mr. Assia stated the overall footprint in round numbers is 4,000 sf. They are still studying the site plan. Some of the space will be refrigeration space, not necessarily occupied space. The coffee portion is roughly 600 sf.
Chairman Botterman stated, in making the building larger, it will impact the drainage. Their engineer will need to look at that. Traffic is obviously an issue. From previous experience, the engineer should do some sort of stacking analysis to give the Board a comfort level. Someone needs to run some numbers to show what they anticipate for stacking. Val Shelton stated it would make sense to analyze the existing coffee kiosk at the corner of Route 108 and Dame Road to look at stacking and peak hours. If you look at the Riverdale site, you have eight maximum to stack. It is relative, in that there is a drive through coffee kiosk in town now. Chairman Botterman stated that kiosk has two drive-up windows. Val Shelton stated you would get an understanding of how many cars are going through. Chairman Botterman stated the stacking down at the kiosk can be brutal.
Dan Wright stated there will be two drive-up windows at the new coffee shop. He asked if you could also go in and sit down. Mr. Assia stated there will be a walk-in counter to get coffee to go, but no seating.
Dan Wright asked about trash pickup for the dumpsters. Mr. Assia stated they will be refining this.
Chairman Botterman asked if there were any regulations for hours of operation for the drive-through. Mr. Wesson stated the hours are 5:30 am to 9 pm.
Chairman Botterman stated a grocery store would be great downtown. Janice Rosa stated she was happy the people in Newmarket would no longer have to drive 15-20 minutes out of town to buy some groceries and meat.
Mr. Assia stated their next step within the next two months would be to submit the site plan application to the Board.
John Brackett asked if Aroma Joe’s composted their coffee grounds. A gentleman with Mr. Assia stated, if someone wanted to pick them up, they would give the grounds to them.
Mr. Wesson stated he has a store he has owned for over twenty years in Sanbornville, NH. Seven years ago, they opened a smaller market, full service, in South Berwick. This market will do the same. Their specialty is butcher’s choice meat.
Dan Wright asked about snow storage. Mr. Assia indicated some choices on the plan.
Mr. Wesson invited the Board to go to his South Berwick market at 271 Main Street. It is Nature’s Way Market.
Newmarket Mills, LLC - Public hearing for an application for a waiver from full site plan review and a modification to the existing site plan approval to permit a 3,600 sq. ft. nano-brewery within the retail center, whereas retail/restaurant uses were previously approved. The lot is located at Main Street/Spring Street, Tax Map U2, Lot 60A and 61, M2-A Zone.
Matt Assia, Newmarket Mills LLC, stated when they received approval for site plan last summer, they had not anticipated they would be approached by a nano-brewery. Thus far, they have 2/3 of the space in the retail center committed. It is a 9,000 sf, one-story building. The nano-brewery will be the largest tenant. It will be in the middle. They have a restaurant commitment, as well, on the end, with access to the patio. The façade remains as presented and the site plan does also. They are here, because this use was not previously considered.
Chairman Botterman stated this was an approved site. The retail is changing to a nano-brewery. He asked if they would go over the changes associated with that.
Mr. Assia stated there is no change to the parking. Most of the 3600 sf used by the nano-brewery is for production and the beer making process. A nano-brewery, by State license, is allowed to have a tasting room. That room will be toward the front. There will be limited hours for that. Staff for beer making is pretty limited. There is a Brewmaster and there may be one or two helpers. There will be someone in front, as well, for the patrons for the beer tasting. There is a lot of square footage, but not a lot of occupancy or folks visiting it. The traffic will not be impacted, if anything it will be less than if this was a 3600 sf restaurant or retail store. The rear of the building would be for deliveries and shipments.
Val Shelton asked about this use being light manufacturing. Mr. Assia stated there would be a limit of 2000 barrels shipped per year, by State law.
Diane Hardy asked the applicant to provide information on water and sewer. He provided calculations. The actual gallons per day are less than what was scoped out for the original shopping center. Originally, it was about 4200 gallons per day (gpd) and it is down to about 3600 gpd. The Town’s engineer will confirm that. The impact fee is based upon the projected flows. Val Shelton asked if those calculations were for the whole building. Diane Hardy stated it was the whole building.
Janice Rosa asked if there was any odor involved in brewing beer that might be perceived by neighbors. Frank Zagami, owner of the business, stated it was similar to a bakery, because of the yeast.
Chairman Botterman asked how often shipments would be made. Mr. Zagami stated they anticipated doing 40% of their retail on the premises. Once they get to wholesale distribution, they will work with the Board on how many shipments.
Janice Rosa asked if this was just for tastings and sales and will not be a bar. Mr. Zagami stated the NH law states you are allowed a 4 ounce sample of each beer offered on tap. They will also sell one and two liter growlers to take home. They will probably close at 6:00 or 7:00 at night. They may be open 20-30 hours a week. Janice Rosa stated a lot of people do not know what a nano-brewery is and this explanation would put some fears at rest for people living in the area that this is not a bar coming in, even though the Eagles had been across the street for many years.
Val Shelton asked if they will participate in the Seacoast Growler Tour. Mr. Zagami stated they would like to do that. Val Shelton asked what kind of traffic that would involve. Mr. Zagami stated it was a growler bus. It is not that large. Typically, there are tours on Friday, Saturday and Sunday, so depending on when they are open they will see where they will fit into the schedule. It would be one or two tours a day.
Val Shelton asked what the square footage was of the undeveloped section of the building. Mr. Assia stated there would be 3500 sf remaining. This could be retail or restaurant. For the purpose of this calculation, they were assuming it will be retail. Diane Hardy stated for the water and sewer calculations, they used 3600 sf for the brewery, 2500 sf for a restaurant, and 3500 for retail to be determined. Val Shelton asked if the 3500 sf became a restaurant would that affect the calculations of gpd. Mr. Assia stated it would increase. Diane Hardy stated the impact fees would be adjusted accordingly. Diane Hardy stated the Water and Sewer Superintendent was looking at water and sewer capacity.
Chairman Botterman stated they have the letter from Mr. Assia and Diane Hardy has put together a recommendation. This falls under Minor Site Plan review, but due to the fact of the impacts being reduced, Diane Hardy’s recommendation is that they waive the requirement for a site plan review. Chairman Botterman stated that was logical.
Action
Motion: Val Shelton made a motion they waive the requirement for a full site plan review relative to the application by Newmarket Mills, LLC to modify the existing site plan approval to permit a 3600 square foot nano-brewery on Tax Map U2, Lot 60A and 61, M2-A zone
Second: Janice Rosa
Vote: All in favor
Action
Motion: Val Shelton made a motion to approve the request for a modification to the existing site plan to permit by Newmarket Mills LLC for the lot located at Main Street/Spring Street, Tax Map U2, Lot 60A & 61, M2-A Zone for the approval to permit a 3600 square foot nano-brewery within the retail center subject to approval of the Newmarket Water & Sewer Department relative to no adverse impact on the total potential increase in the usage of gallons per day, as built out
Second: Janice Rosa
Vote: All in favor
Agenda Item #4 – Other Business
Appointments to Other Boards & Committees
CIP
Chairman Botterman appointed Jane Ford. He appointed Ginger Smith as Alternate.
Advisory Heritage Commission
Chairman Botterman stated, unless someone was volunteering, this was a low priority for their time.
Conservation Commission
John Brackett stated he would love to be on the Commission. Chairman Botterman recommended John Brackett to the Conservation Commission to be appointed by Town Council.
Strafford Regional Planning Commission
Chairman Botterman stated he was on it now, but was having a difficult time getting to the Friday meetings. He said he would leave the position open. He was going to call John Badger to see if he might be interested in it. Rick McMenimen might like to be on it again, too.
Economic Development Committee
Val Shelton stated she would like to continue to serve on this committee. Chairman Botterman stated that was fine. This position is appointed by Town Council.
Town Council ex officio Alternate
Val Shelton asked who the Alternate was for the Town Council ex officio. Dan Wright stated they did not choose one.
Planning Board Alternates
Chairman Botterman stated the Board is short of Alternates. If anyone at home would like to be an Alternate, they may submit an application to the Planning Office. The applications are available on the website. This is a great way to learn about what is going on in town.
Chairman’s Report
Chairman Botterman did not have anything to report.
Committee Reports
Val Shelton stated the Economic Development Committee (EDC) had not met since the last Planning Board meeting, but she had received comments from Jane Ford regarding the report from the consultant. If anyone wants to forward comments to Val Shelton, please do so.
Planner’s Report
Diane Hardy stated the Town Administrator is having a Right to Know training session, with the Town Attorney John Ratigan. This will be on Wednesday, April 30 at either 6:30 or 7:00, the time will be determined. The Planning & Zoning Boards are welcome to attend.
She stated regarding the Macallen Dam, Gomez & Sullivan has prepared a technical report. They are working on a draft report. They had a productive meeting about two weeks ago. There was a lot of representation from abutters of the river from Durham and Newmarket. They talked about the preliminary cost estimate for the dam removal. The bottom line, at a bare bones budget, is around $800,000.00, but that does not include things like sediments that may have to be removed if any are found. NH DES was there and there was a good exchange of information. All of the reports are online under Macallen Dam Committee.
She stated they just received a two month extension on the grant from the Conservation Law Foundation. This phase of the project will end at the end of June. They will have the draft report presented for public comment and informational meetings. They will provide information to the Town Council, so they can plan future steps and move forward.
Regarding the pedestrian bridge, they received approval from the Town Council and State to move forward with a revised reduced pedestrian improvement project, for the cost of $263,000.00. The funding has been committed for that by the State. It will involve safety improvements for pedestrians, crosswalks, better signage, and there is a proposal for putting in “tabletops” to slow traffic down going through there. The Town will have to get Route 108 established as an Urban Compact Area, which would take that road out of the jurisdiction of the State. This would be in respect to maintenance. They will be working with NH DOT on that. This will require a vote of the legislature and this is very time consuming. Chairman Botterman asked if the Town wanted to do that. It puts all of the maintenance on the Town’s cost and shoulders. Diane Hardy stated, if the Town makes traffic calming improvements, the State does not want to have the responsibility to maintain them. Diane Hardy stated the Town already snow plows the State roads and it is redundant. Chairman Botterman explained there is now no chance of a pedestrian bridge going in. It is now down to putting in safety improvements for pedestrians.
Master Plan
Val Shelton asked about the Master Plan and whether funding was approved in the budget. Diane Hardy stated that it was approved. Val Shelton asked when the Planning Board wanted to move forward on it. Diane Hardy stated they could not do anything until July 1. There is funding from the Coastal Program to match it for the Future Land Use chapter. Val Shelton asked if there was enough funding to do more than one chapter. Diane Hardy there is only enough to fund one chapter.
Agenda Item #6 – Adjourn
Action
Motion: Janice Rosa made a motion to adjourn at 8:04 p.m.
Second: John Brackett
Vote: All in favor