Minutes
NEWMARKET PLANNING BOARD MEETING
OCTOBER 13, 2015
MINUTES
Present: Eric Botterman (Chairman), Val Shelton (Vice Chairman), Diane Hardy (Town Planner), Janice Rosa, Ezra Temko, Rose-Anne Kwaks, Diane Germanowski (Alternate), Peter Nelson (Alternate), Dale Pike (Town Council ex officio)
Absent: Jane Ford (excused)
Called to order: 7:00 p.m.
Adjourned: 8:26 p.m.
Agenda Item #1 – Pledge of Allegiance
Agenda Item #2 – Public Comments
None.
Agenda Item #3 – Review & approval of minutes: 08/03/15, 08/11/15
Eric Botterman appointed Peter Nelson to replace Jane Ford for the meeting.
08/11/15
Action
Motion: Janice Rosa made a motion to approve the August 11, 2015 meeting minutes
Second: Peter Nelson
Vote: Rose-Anne Kwaks abstained due to absence
All others in favor
08/03/15
Action
Motion: Janice Rosa made a motion to approve the minutes of August 3, 2015
Second: Val Shelton
Vote: Eric Botterman, Peter Nelson abstained due to absence
All others in favor
Agenda Item #4 – Regular Business
Milton Elm Street, LLC, and Cammar Properties, LLC – Continuation of a public hearing for an application for a Boundary Line Adjustment and Subdivision, at 1 Elm Dr., Tax Map U2, Lot 248; 2 Elm Dr., Tax Map U2, Lot 243; and 2 Elm St., Tax Map U2, Lot 249, all located in the M2A Zone. The proposal is for a boundary line adjustment involving the three lots, then the subdivision of five lots on the revised Lot 243.
Eric Botterman stated the applicants have requested a continuance to the November meeting.
Val Shelton recused herself from this application. Eric Botterman appointed Diane Germanowski to replace her.
Action
Motion: Ezra Temko made a motion to continue the application to the November 10, 2015 meeting
Second: Rose-Anne Kwaks
Vote: All in favor
Rockingham Golf, LLC & James Gove/Jeannie Mackay - Public hearing for an application for Boundary Line Adjustment, for Rockingham Golf, LLC, at 4 Honeycomb Way, Tax Map R3, Lot 23-18, and James Gove & Jeannie Mackay at 2 Honeycomb Way, Tax Map R3, Lot 23-17, both in the M4 Zone. The proposal is to place one additional bound along the shared property line decreasing Lot 23-17 by .014 acres, which will be added to Lot 23-18.
Diane Hardy stated she received an email this morning from the developer’s representative and they are not able to get to the meeting until 7:30 p.m. She did not realize the meeting would move so quickly and had thought the timing might work out. She suggested they postpone this application until 7:30 pm and take up the next agenda item.
Action
Motion: Rose-Anne Kwaks made a motion to amend the agenda and have the Vision Chapter amendment become the next agenda item
Second: Janice Rosa
Vote: All in favor
Pursuant to RSA 675:6 and 675:7, a public hearing will be held by the Newmarket Planning Board regarding the adoption of the “Vision” chapter, as an amendment to the Town of Newmarket Master Plan. The amendment includes Newmarket’s vision for the future as it relates to natural resources and environment, economic vitality, sustainable development and land use, recreation, cultural, and historic resources, community services and facilities, transportation, and leadership, volunteerism, and engagement. A copy of the full text of the proposed amendment to the Master Plan is available for public viewing at the Planning Office of the Newmarket Town Hall and on the Town’s website at www.newmarketnh.gov. The public is encouraged to attend.
Eric Botterman stated the Vision Statement was not posted on the website for people to read, so he would like to continue the public hearing portion to the November meeting.
Matthew Sullivan, of the Strafford Regional Planning Commission, updated the Board. There was only one adjustment to the document following the last meeting. It is presented on page six, where they are adding a sentence and it is underlined in his handout regarding the Town’s commitment to developing and endorsing an energy policy that guides renewable and traditional energy infrastructure development.
Action
Motion: Rose-Anne Kwaks made a motion to continue this item to the November 10, 2015 meeting
Second: Janice Rosa
Vote: All in favor
The Board decided to proceed to Agenda Item #5, as the other applicants had not yet arrived.
Agenda Item #5 – Other Business
Committee Reports
CIP Committee
Rose-Anne Kwaks reported the CIP Committee had toured the two schools and it was very enlightening. The High School looks fantastic with the work they have done recently. The elevator should be completed by the end of the month. They have two temporary stair lifts they are renting until then. They met the new Elementary School Principal. He stated they need a larger nurse’s office and some security. The High School has Officer Stevens, the Resource Officer from the Police Department, but the elementary school has nothing and it is even more isolated than the High School. The CIP Committee asked the principal to prioritize this in the Capital Improvement Plan (CIP) and felt it was a critical issue. She stated they had discussed security at the last CIP meeting, with the Town Finance Director, who was looking into a security system for the Town Hall. The School Board representative to the CIP Committee, Al Zink, has stated this should have been discussed in unison with the School Administration to get a better price. He has been advocating for this approach for many years. He voted no to the Town Hall security system for that reason. The boiler at the High School is not in good condition and the committee requested the maintenance records from the School Business Administrator. They also asked about the details of the new system Clay Mitchell put into Epping that was very efficient. They get money back from their electricity. It should be looked into for Newmarket.
Governor’s Advisory Committee on Infrastructure & Transportation
Peter Nelson stated he attended the meeting in Rochester a couple of weeks ago. They did a presentation on the road and infrastructure projects underway from NH DOT. He learned a lot and about how much money the State does not have. He asked what the Board would like him to bring back to them from those meetings. He had also attended the Strafford Regional Planning Commissioners (SRPC) meeting. The Board said it would be good to report back on the happenings in the area. Peter Nelson stated the main topic for Newmarket is the bike path to Durham. He can bring anything the Board would like to the Committee’s attention. He stated there is a ride share group for the elderly and they are working in Newmarket.
Conservation Commission
Ezra Temko stated they had discussed storm water and drainage plans. In parking lots, there are often islands that are elevated and that is the old way of doing things. Now you have sunken islands that act like rain gardens. The water is directed toward the island and it is filtered through the plants. Rose-Anne Kwaks asked about the safety aspect of this. She asked how you prevent cars from going into it. Ezra Temko stated there could still be a little curb for the actual parking space. Diane Hardy stated they did utilize that concept with the Chinburg project (Weavers Row) that was just finished. There is a rain garden in one of the islands.
Ezra Temko stated if the Planning Board wants to bring projects to the Conservation Commission that deal with drainage or other conservation issues, then the Board could do so. They are more than happy to look at them.
There was discussion of the status of the solar panel project at Great Hill Terrace. Diane Hardy stated she would get an update from the Great Hill Terrace office.
Town Council Report
Dale Pike stated the meeting was light. The MacIntosh Well engineering contract had the first reading.
He stated Councilor Levy had stated the Economic Development process needed to start and follow-up to the joint meeting.
Rockingham Golf, LLC & James Gove/Jeannie Mackay - Public hearing for an application for Boundary Line Adjustment, for Rockingham Golf, LLC, at 4 Honeycomb Way, Tax Map R3, Lot 23-18, and James Gove & Jeannie Mackay at 2 Honeycomb Way, Tax Map R3, Lot 23-17, both in the M4 Zone. The proposal is to place one additional bound along the shared property line decreasing Lot 23-17 by .014 acres, which will be added to Lot 23-18.
Diane Hardy stated the application is complete. A very thorough job was done.
Action
Motion: Val Shelton made a motion to accept the application as presented by Diane Hardy as being complete
Second: Rose-Anne Kwaks
Vote: All in favor
Eric Botterman opened the public hearing.
Paul Carrigan, from Chinburg Properties and also representing Rockingham Golf LLC, stated he would be happy to answer any questions. It is a pretty straightforward application.
Val Shelton asked if the movement of the boundary would be done to meet the setback. Mr. Carrigan stated Lot 17 has a house on it and they are trying to push the house a little bit further back from the road on Lot 18. If they hold the house to the front property line, it does not look as nice. When they push it back, it encroaches on the property line setback on the right side, by just a little bit. It is an aesthetic situation.
Action
Motion: Val Shelton made a motion to approve the application for a boundary line adjustment by Rockingham Golf LLC at 4 Honeycomb Way, Tax Map R3, Lot 23-18, and James Gove & Jeannie Mackay at 2 Honeycomb Way, Tax Map R3, Lot 23-17, both in the M4 Zone to relocate the boundary on the shared property line decreasing Lot 23-17 by .014 acres to be added to Lot 23-18 as shown on the plan presented
Second: Janice Rosa
Vote: All in favor
Cheney Property Management Corp. - Public hearing for an application for Site Plan & Special Use Permit, at 52, 54, & 56 Exeter Road, Tax Map U4, Lots 12, 13 & 14, M-2A Zone. The proposal is to remove three existing buildings and construct a two-story 27,000 sq. ft. mixed-use building, with commercial on the first floor and residential on the second floor.
Diane Hardy stated the application was substantially complete, but she had some questions for the engineer. She stated she did not see the abutters listed on the site plan itself. Mike Sievert, MJS Engineering, the engineer for the applicant, stated they were not on the plan. Diane Hardy did not see pedestrian and bicycle facilities on the plan. Mr. Sievert stated there is a proposed bike rack in the front corner. Diane Hardy asked about the provisions for solid waste. Mr. Sievert indicated the location on the plan. It will be a screened dumpster. Diane Hardy asked about a figure for impervious surface. She stated she did see a drainage analysis. Mr. Sievert stated the figure was in the drainage analysis. He can put it on the plan. He believes they are pushing 85-90% impervious. Diane Hardy asked if this triggered site specific Alteration of Terrain approval by the State. Mr. Sievert stated it did not. They are under 100,000 sq. ft. of disturbance. The total of the area of the three lots is 1.29 acres. They are not disturbing the whole site. Diane Hardy asked if this had been coordinated with NH Department of Transportation (NH DOT). Mr. Sievert stated they had and will be filing an application. They have started the process and had spoken with them. There are three (3) driveways coming out of there now and those will be removed. It will be an amended highway access permit, because there is already an access permit for the business park. Diane Hardy stated this comes under the new M2-A zoning. It requires a Special Use Permit and one of the requirements is that a fiscal impact and market analysis be done. Mr. Sievert stated it is not in the submittal yet.
Diane Hardy stated the Board could accept the Site Plan application, but would not recommend accepting the Special Use Permit application until they get the fiscal impact and market analysis. The consultant for the analysis is at the Town’s discretion.
Action
Motion: Val Shelton made a motion to accept the Site Plan application for technical review
Second: Janice Rosa
Vote: All in favor
Eric Botterman opened the public hearing.
Mike Sievert, MJS Engineering, represented Cheney Property Management. Walter Cheney, Jr. was also present.
He stated the area is made up of three lots and is about 1.29 acres. He showed an existing conditions plan and showed the lots’ location and those of the current buildings on the lots.
He stated there are currently three access points to Exeter Road. These will all be removed. The new facility will be accessed off of the business park road.
The lots will be consolidated. Two of the lots are already part of the business park condominium. He had provided the first amendment to the declaration of the business park and the boundary land. The third lot would be added as additional land to the existing condominium business park. That is how they are deriving the number of residential units. The specific size standard of the units is 1,000 sq. ft. The can get approximately fourteen residential units on the lot within the regulations, but are requesting eleven units on the second floor. The first floor is commercial. The application of the density requirements to the project will be reviewed by the Technical Review Committee (TRC).
The building is about 13,000 sq. ft. It is pulled up to the front of the parcel. There is a large sidewalk display/seating area. Depending on the uses, and they do not know what those will be yet, the whole area of 10’-12’ would be a display area (to be discussed) or, if you had a restaurant, you could have seating out there. It is a level area.
Rose-Anne Kwaks asked if they planned on putting seating on the sidewalk in front of it. Mr. Sievert stated no. There is a slope and there will be a railing there. The slope will be landscaped.
Right now, they have a lot of doors. They do not know exactly what the layout will be. They are trying to say the whole first floor of 13,000 sq. ft. is commercial. It could be divided into several units or one large unit. The full upstairs is residential.
Dale Pike asked, on the public sidewalk where they are taking three driveways, how they will modify it. Mr. Sievert stated they will modify the grading and there will be new sections of sidewalk. There are paved driveways there now and those will be removed.
Mr. Sievert stated they had come before the Board a little over a year ago to explain the same scenario, except they had a lot more parking. They had angled parking down low, then it went up and there was a double row. There were 78 spaces. The Board had wanted them to get rid of some of the spaces and they have done that. They are down to 61 spaces. At that time, there were an additional eight or nine residential units, so that is some of the difference in spaces. They wanted to maintain two spaces per residential unit. This configuration is different. They have tried to make a larger cut into the land in the back area all the way across the back, rather than do a terraced parking area. Now you come in and it is somewhat level, at the same grade, and that grade comes into the back where there is a sidewalk. There are sidewalks around it.
Mr. Sievert stated there is additional parking up in the business park. It is all common area. There is a big lot there. There are 22 spaces for the residential units. He stated Mr. Cheney is uncomfortable with not having enough parking, not knowing what the commercial uses will be. Diane Hardy pointed out that in the M-2A zone, the regulations recognize that parking needs can be met with through shared parking. This is a perfect example of how that can work. There will be 40 spaces available outside of the residential parking for visitors.
Mr. Sievert then talked about utilities and drainage. The developer has already brought water and sewer into the business park, so utility connections are there. There is a stormwater system on Route 108 that the Business Park currently ties into. Some of the proposed site drainage from the site will tie into that drainage line. On the southern side of the property, there is a small rain garden planned (a bioretention system), which is very shallow, but heavily vegetated. The soils are not great there. There isn’t much infiltration, but the system does work. There is ledge on site towards the rear, so there will be some blasting. No ledge was found in the vicinity of the rain garden. The parking lot will not be terraced as previously proposed. The parking will go straight back, somewhat level, and then there will be a bank to the rear with a 10 foot grade change and a fence at the top.
He referred to the underground storm water system as being a storm trap system. There will be nine (9) underground concrete chambers that will be detaining the water. They are three (3) feet deep. They are ideal for parking lots. The soils are very silty clay materials. So, there will be minimal infiltration. There is no groundwater to a depth of 11 feet. There will be an overflow control structure (with a weir), and the storm water will be slowly discharged into the Town and State system on Route 108.
There will also be a rain garden on the other side of the building, which has some infiltration and evaporation due to the plants that are proposed. That system has an outlet structure and overflow which will tie into an existing catch basin that was put in as part of the Corporate Park project and will tie into Town/State drainage system on Route 108, and then outlet to Moonlight Brook. In response to a question by Peter Nelson, the engineer stated the project it is about 60 feet to the railroad tracks. The railroad is owned by Pan-Am Railways who are abutters to the project. These systems are decreasing the peak flow as required by the regulations, but not increasing the volume of water because of the slow permeability of the soils. For up to a major storm event, they are able to hold back all the increase in water volume with these two systems.
Val Shelton asked if there are any waivers being requested for the site plan. There will be one special (conditional) use permit: (1) for the mixed use development; (2) the roof overhang comes within the ten (10) foot setback, so a setback waiver will be requested, which the Planning Board can waive by special use permit. He also reviewed the interior layout of the typical residential units and the front and rear elevations of the proposed units. The units are designed for young professionals. The units will have clapboard siding, storefront glass, metal roofs, with large overhangs on the roof, and a wood shake structure on top. It is emulated to look like a train station. It will be a two story concrete and wood frame structure.
There was discussion of the landscaping plan that was prepared, by Woodburn Associates, which is a landscape architectural firm. It includes some screening and planting of replacement trees. There is wall pack lighting on the building. There is a cut sheet showing the lighting details and an illumination plan. There are lighting poles in the parking lot that is similar to what is already in the Corporate Park. Rose-Anne Kwaks indicated that lilacs are not ideal because they lose their leaves. She suggested some coniferous (evergreen) trees to provide better screening. The engineer reviewed the proposed tree-lines. The larger, more massive trees are shown and labeled on the existing conditions plan. One large tree will be retained. The plan details will be taken up at the Technical Review Committee (TRC) meeting.
There is sidewalk in front of the building. Peter Nelson has some concerns about the sidewalk ending at the railroad tracks. He suggested that the sidewalk be extended to provide connectivity along the railroad tracks to the old train station near Depot Road. It is a bad intersection where the railroad crosses Route 108, especially in terms of pedestrian safety.
A Technical Review Committee (TRC) was established to review the plans and the application to include Val Shelton and Eric Botterman. Diane Hardy will coordinate the scheduling of the next meeting with the Department Heads and the engineering consultant. It was noted that Tuesday and Thursdays are good days for the TRC to meet.
The applicant was asked to include the abutter’s names and addresses on the site plan. This project will go out for an engineering review. The Town will likely use Underwood Engineers for this purpose. The Town is currently doing a study of Moonlight Brook. Diane Hardy will coordinate this project with Rob Roseen, who is the engineer working on that study, which is being funded with a NOAA grant.
There will be a site walk on Saturday, October 24 at the site at 8:00 a.m. The Town will select a consultant to do the fiscal and market analysis as is required for special use permits. Diane Hardy will coordinate this with Walter Cheney Jr.
Action
Motion: Rose-Anne Kwaks made a motion to continue the application to the next Planning Board meeting which is on November 10, 2015
Second: Janice Rosa
Vote: All in favor
Agenda Item #6 – Adjourn
Action
Motion: A motion was made by Val Shelton to adjourn at 8:26 pm
Second: Janice Rosa
Vote: All in favor