Minutes
NEWMARKET PLANNING BOARD MEETING
NOVEMBER 10, 2015
MINUTES
Present: Val Shelton (Vice Chairman), Diane Hardy (Town Planner), Janice Rosa, Rose- Anne Kwaks, Dale Pike (Town Council ex officio), Jane Ford
Absent: D. Diane Germanowski (Alternate), Ezra Temko, Eric Botterman (Chairman), Gary Levy (Town Council ex officio Alternate), Peter Nelson (Alternate), all excused
Called to order: 7:05 p.m.
Adjourned: 8:19 p.m.
Agenda Item #1 – Pledge of Allegiance
Agenda Item #2 – Public Comments
None.
Agenda Item #3 – Review & approval of minutes: 10/13/15
Action
Motion: Janice Rosa made a motion to accept the minutes of October 13, 2015
Second: Rose-Anne Kwaks
Val Shelton stated, on page 5, line 25, the motion should read, “Val Shelton made a motion to accept the application as presented by Diane Hardy as being complete”. On page 8, line 5, should read, “At that time, there were an additional eight or nine residential units…”
Vote: All in favor
Agenda Item #4 – Regular Business
No Alternates were present to fill in for absent Board members.
Real Estate Advisors, Inc. - Public hearing for an application for site plan review, at 1R Grape Street, Tax Map U2 , Lot 206 , R3 Zone. The proposal is to add a four unit condominium building with related parking to the property.
Val Shelton stated there has been a request for a continuance made by the applicant to be heard at the next meeting on December 8, 2015.
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 M-2A Zone. The proposal is for a boundary line adjustment involving the three lots, then the subdivision of five lots on the revised Lot 243.
Val Shelton recused herself for this item. She requested that Rose-Anne Kwaks step in as Chair for this item, which she did.
William Doucet, Doucet Survey, represented the applicant. He handed out plans to the Board. This application was before the Board in August and he stated they appreciated the Board’s patience. He described the plan, which was also being shown on a screen. He stated a blue shaded area was a portage easement. It was sent to the Town attorney for review. They are going to provide the Town Attorney with a proposed deed for one of the five lots, with language regarding the long-term maintenance of stormwater systems. The lots are on municipal services. There was a Technical Review Committee (TRC) meeting in August. He stated Rick Malasky, the Public Works Director, represented at the time there was enough capacity for water and sewer. Mr. Malasky had also mentioned a concern about drainage on Lincoln Avenue, however. Although recently constructed and designed, it has some drainage challenges. That, along with a concern of the proximity of these lots to the Lamprey River, the Planning Department and Board had requested a drainage analysis and erosion and sediment control plan be prepared. They had it prepared by Jones & Beach Engineering and it was submitted to the Board and Town Review Engineer, VHB Consultants. They reviewed the design and Jones & Beach responded to VHB on their comments. He did not think VHB had the opportunity to review that response yet. He trusts they will be able to work out any differences and be able to provide final approval.
He stated NH Department of Environmental Services (NH DES), requires if you are on a river, such as the Lamprey River, prior to any construction, earth moving or tree removal, you have to file a permit. The future owners of these five lots, before they can do anything, they have to go to NH DES and get a shoreland and water quality permit. They have done a drainage analysis and study to satisfy the Planning Board and to mitigate drainage impacts without increasing the effect on Lincoln Avenue and to protect the Lamprey River. They don’t know what the future lot owner will build there. They assumed a 30’ X 40’ house footprint on the plan. Ultimately, what a lot owner buys will have to be submitted to NH DES for full review and analysis of what the impacts to drainage are. They will have to satisfy NH DES that it has no negative impact.
Regarding the portage easement, Mr. Doucet stated, in August, they met with a representative from the Lamprey River Advisory Committee (LRAC) and members of this Board. They also discussed this with the Conservation Commission. LRAC had stated there was an interest in gaining an easement for portage purposes. “Portage” means pulling a boat out of one body of water and transporting it over ground to another body of water by foot. They took that request to the landowner and they were happy to accommodate that, as long as there were some conditions, like no cars would pull in, as it is a dangerous spot to pull in and out of and that it is not just open public use. It would be for a specific purpose. That is within the language of the proposed easement. It is in the Town Attorney’s hands at this time. It is on the plans and they intend to move forward with that.
Diane Hardy stated Richard Snow, who is present, represents the Local River Advisory Committee. He would be interested in seeing the easement document and she will make that available to him. She put together some conditions of approval, in case the Board chooses to take action tonight. She had a question about the easement document that made reference to the installation of bollards at the entrance to the easement and it makes reference to it being on the plan. She did not know if it had been added. Mr. Doucet stated there are no bollards shown on the plan. One of the discussions on that was that the Town will decide how they want to do that and they do not want to dictate it, because the Town may find a more economical and reasonable way to do it. The intent is they do not want cars going in there. There is a municipal drainage easement through there, so whatever is put in there to block cars needs to be done in such a way that, if there is ever a need for maintenance, the Town can get in there.
Rose-Anne Kwaks asked about the Shoreland Water Quality Act. Mr. Doucet stated it has been around for some time. It had been called the Comprehensive Shoreland Protection Act. They changed the name. Rose-Anne Kwaks asked if there was anything in the plans covering what would happen, if the Planning Board approves this and someone buys a lot to build a house and NH DES says no, because there is no way to get proper drainage. Mr. Doucet stated that is justification for the considerable expense they have gone through to prove that you can at least build a 30’ x 40’ house and it would work. These are engineered drainage systems. They have satisfied themselves and, hopefully, the Board and the Town’s engineer that this can be done. Rose-Anne Kwaks asked if the applicant would be doing some engineering for the drainage on Lincoln Avenue. Mr. Doucet stated no. Diane Hardy stated VHB Engineers reviewed the drainage plan and provided a series of recommendations and they have forwarded those to Jones & Beach, the applicant’s engineer. She stated they have received a resubmittal of the drainage study and some revisions to the drainage plan. They just received this today at 1:45 p.m. and they were unable to reach the review engineer to get his review. She has suggested a possible condition of approval, if the Board is inclined to approve this tonight. She would also like to add a fifth condition to the list she provided to the Board that this would be subject to approval of any shoreland and water quality permits by NH DES prior to any house construction and alterations to the site under their jurisdiction. Mr. Doucet stated that is an appropriate note to go. the lots for purposes of the drainage study. Rose-Anne Kwaks asked if police and fire had responded with any comments. Diane Hardy stated she had not received any comments from them. Mr. Doucet stated they had the Fire Chief at the TRC meeting. He did not raise any concerns.
Dale Pike asked if the portage easement was currently treed. Mr. Doucet stated there is somewhat of a path there already. Dale Pike asked if you could pull a vehicle into that area now. Mr. Doucet stated you could. Dale Pike stated the expectation would be that people portaging boats would use that path area, but they cannot get vehicles up there. Mr. Doucet stated that was correct.
Action
Motion: Janice Rosa made a motion to approve the Milton Elm Street LLC/Cammar Properties LLC 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, including the following conditions:
1. Subject to the Town Council’s acceptance of the proposed portage easement as shown on the approved subdivision and boundary line adjustment, approval of the final language of that easement by the Town’s legal counsel and final recording of the document at the Rockingham County Registry of Deeds.
2. The site plan be modified to show the installation of bollards at the entrance or some other means of providing vehicle control at the entrance to the portage easement to restrict vehicular access and also to not conflict with the terms of the drainage easement that the Town has on the property.
3. The final review of the drainage analysis and stormwater plans by the Town’s consulting engineer.
4. The applicant shall submit covenants for legal review and inclusion in the respective deeds to be recorded stating that maintenance of the onsite stormwater management system is the responsibility of each respective landowner and this obligation runs with the land and that the Town has access to inspect those systems.
5. Subject to approval of the Shoreland Water Quality Permit by the NH Department of Environmental Services prior to house construction and/or any site alterations under their jurisdiction.
Mr. Doucet stated, on number 5, it is not a condition of approval that the NH DES application be granted. It is a condition of approval that all lots are subject to that. Diane Hardy stated that was right. She stated she believed their review engineer suggested that be shown as a note on the final subdivision plan, so it is part of the record.
Second: Jane Ford
Rose-Anne Kwaks opened the public hearing.
There were no comments.
Rose-Anne Kwaks closed the public comments.
Vote: All in favor
Cheney Property Management Corp. – Continuation of a public hearing for an application for Site Plan & Special Use Permit, at 52, 54, & 56 Exeter Road, Tax Map U4, Lots 12, 13 & 14, M2A Zone. The proposal is to remove three existing buildings and construct a two-story 27000 sq. ft. mixed-use building, with commercial on the first floor and residential on the second floor.
Val Shelton stated the Board had already accepted the Site Plan application. The Special Use Permit application has not been accepted yet. They are waiting on the fiscal impact and market analysis studies to be done by the applicant.
So, at this juncture, the Board is talking about the Site Plan Review Application..
Michael Sievert, MJS Engineering, represented the applicant. He explained that Walter Cheney, Jr. could not make it to the meeting this evening.
He stated there was no change to the site plan from last meeting or the building design. He updated the Board. He stated they are under review by Underwood Engineers, the Town’s engineer. Diane Hardy stated she received correspondence from them at 5:30 this evening. It was their review letter. She stated she would get it to everyone on the TRC. Mr. Sievert said he did take a look at it. Diane Hardy stated they are about to sign an agreement for the fiscal impact and market analysis. Val Shelton stated those two items are not things that can be waived under the Zoning Ordinance. The Town selects who the individual(s) would be to do them. They are done at the applicant’s expense.
Mr. Sievert stated he did have a waiver request regarding a traffic impact analysis. He stated they were asking for a waiver from Section 3.01(G)(2). It requires an analysis for a commercial property with greater than 10,000 sq. ft. of commercial space or greater than 20 residential units. They have 13,500 sq. ft. of commercial space and 11 residential units. The reason they are asking for this was there have been at least two traffic studies for the Business Park property and also the lots involved in this application with the Dunkin’ Donuts application. Walter Cheney, Jr. has done two traffic studies. The original one was done in 2004 and the Dunkin Donuts one in 2007. There were about 280 trips for the Business Park in total with about 20,000 sq. ft. of office space. That equates to about 34 peak hour trips in the morning and 29 or 30 in the afternoon for the Business Park. In comparison, the Dunkin Donuts had 334 peak morning trips and 90 peak afternoon trips. They know the traffic impacts from the Business Park are very minor, and from the Dunkin Donuts, in contrast, were very major. If you add the 13,500 sq. ft. (the size of the current building) to the original 19,500 sq. ft. (calculated for the original business park) for 33,000 sq. ft. plus the eleven units and put them together, the morning peak vehicle trips are 57. That is with the new project. The afternoon peak vehicle trips are 50 trips. The total trips, with this new project, are just slightly above the peak morning trips for the Dunkin Donuts. They don’t believe this waiver violates any of the criteria. They do have to go to NH DOT for an amended permit. It will be reviewed again under the new scenario. They are going to move the island, which would give better stacking for a left turn lane. Ultimately, the best they are doing is closing off the three driveways. He expects that NH DOT will be happy with that.
Rose-Anne Kwaks asked if the trips included businesses on the bottom floor. Mr. Sievert stated he included it as office space. He did not divide it up into office and restaurant and, obviously, that would be more trips. If it was a breakfast restaurant it would have an a.m. peak. He has no way to know those numbers, but he could develop those numbers, if needed. The biggest option for the space is retail.
Dale Pike stated there was a conversation during the site walk that there would be more pedestrian traffic. Diane Hardy stated, if there was a safety concern, the Board could request a pedestrian study. This has to be coordinated with NH DOT. When they reviewed the Newmarket Minimart years ago, the Board wanted to see some kind of crosswalk. NH DOT had stated they did not want to see any crosswalks at that location. They hold the cards for traffic improvements. Val Shelton stated all ingress and egress for the park will now be in one access. Rose-Anne Kwaks stated there is a crosswalk by Rite Aid. The foot traffic is guided to an area other than the railroad tracks. They are trying to focus everyone to the corner access. It is accessible, too, there. Diane Hardy stated she wondered if the State could look at that as part of their review. In the past, if the Town expressed an interest, their design engineers would look at it. They have a traffic control committee that works on pedestrian safety issues. They might provide some counsel as part of our TRC process.
Val Shelton stated this waiver is from 3.01(G) (2) and has to do with the service relative to the public road. Mr. Sievert stated he was not asking for a waiver from a pedestrian study. Val Shelton stated there were other parts in site review regulations relative to pedestrian plans. That could be taken up with the TRC. She stated NHDOT will be looking at the increased traffic in the existing business park entrance. Removing that island and having the left turn will improve what is there now.
Val Shelton asked if there were any public comments on the waiver request.
None.
Val Shelton closed the public comments for the waiver request.
Action
Motion: Rose-Anne Kwaks made a motion to grant the waiver as requested
Second: Janice Rosa
Vote: All in favor
Val Shelton stated the next item the Board needs to address is setting up the TRC meeting. Diane Hardy stated November 19 at 10:00 a.m. seemed to work for the applicant and his engineer. She needs to contact our Town department heads to see if that time works. Eric Botterman, Rose-Anne Kwaks, and Val Shelton are on the TRC for this. Val Shelton asked if the TRC members could get the engineering review comments. Mr. Sievert stated they hope to have the Special Use application completed by the next meeting. He hopes to have the fiscal impact and market study in to the Board prior to that meeting.
Rose-Anne Kwaks stated she was reading through the regulations and, if the Board continues an applicant to the next month and the Board does not state they want plans by a certain time prior to the meeting, they have to have it within 24 hours only. Val Shelton stated it is in the Planning Board’s Rules of Procedure. They are supposed to have new materials at least seven (7) days in advance of the Planning Board. Rose-Anne Kwaks stated they should inform all applicants that all new information has to be given to the Planning Office seven (7) days prior or it will not be discussed. It also states that this also enables the public to review paperwork ahead of the meeting.
There was discussion of the pedestrian route to the site. This will be discussed at the TRC meeting. NH DOT will be invited to attend.
Action
Motion: Rose-Anne Kwaks made a motion to continue the site review application to December 8, 2015
Second: Janice Rosa
Vote: All in favor
Wayne & Janice Rosa - Public hearing for an application for renewal of an excavation permit, for the property located at 421 Wadleigh Falls Road, Tax Map R6, Lot 2, B3 Zone.
Janice Rosa recused herself.
Val Shelton stated, before the Board tonight, was whether to accept the application. Diane Hardy stated they have a checklist for this application and the first part of it concerns the completeness of the application. The applicant has provided a very complete submittal. They have notified the Conservation Commission. The applicant has submitted all required quarterly reports. There is a bond in place that is subject to renewal as part of this action by the Board. They have an excavation plan that was approved in December 2003. The renewal is required every three years. At that time, the Board gets notified of activity that has occurred and of any changes to the reclamation plan. They have provided a copy of that. She recommends the application be accepted for a technical review.
Action
Motion: Rose-Anne Kwaks made a motion to accept the application as complete
Second: Jane Ford
Vote: All in favor
Wayne Rosa stated he would answer any questions. They have been excavating in the area for 45 years and owned this particular site since 1984. He stated, in the past three years, not too much has been reclaimed. He does not do as much excavation as he used to. There has not been much change from three (3) years ago.
Val Shelton opened the public hearing.
Leo “Skip” Manseau stated he was a direct abutter with a lot to the rear of the Rosa property. He also comes in every three years and speaks in favor of the renewal of the permit. They have been business neighbors since 1993 and it has been an excellent relationship. They run a great operation.
There were no other comments and the public hearing was closed.
Mr. Rosa stated they are on the agenda with the Conservation Commission this coming Thursday.
Val Shelton suggested the site walk did not need to involve the whole Board. The Board’s role is to approve or deny the renewal based upon the Building Official’s inspection. That checklist will be presented at the December meeting. If the Board members would like to do a site walk, they should coordinate it with the Conservation Commission should they choose to do one.
Action
Motion: Rose-Anne Kwaks made a motion to continue the application to December 8, 2015
Second: Jane Ford
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.
Matt Sullivan, Strafford Regional Planning, had made the changes from last month and will make any edits.
Val Shelton opened the public hearing.
No members of the public were present.
Val Shelton closed the public hearing.
Action
Motion: Janice Rosa made a motion to adopt the Vision Chapter of the Town of Newmarket Master Plan dated September 8, 2015, with the corresponding Appendix A and B of October 13, 2015, and July 1, 2015, and the inclusion (as highlighted) on page six
Second: Rose-Anne Kwaks
Vote: All in favor
The Board and Diane Hardy thanked Matt Sullivan and those at the SRPC who worked on the Master Plan.
Diane Hardy stated she wanted to see if the Board could set up a subcommittee to work on the Future Land Use Chapter at the same time as any rezoning, so the two are in sync. Zoning is supposed to be based on the Master Plan and Future Land Use is critical. This needs to be completed by SRPC by December 31, 2015, because that is when the Coastal grant money runs out. Matt Sullivan stated he believed, if they extend beyond December 31, they would absorb the cost. They are waiting for the subcommittee to be formalized. Whatever the Economic Development Committee recommends will drive this chapter. This will be a condensed process and he thought they could get it done in the next month and a half. Funding is limited, but he thinks they can accomplish what they need to do. Dale Pike stated he would volunteer to be on that subcommittee. Rose-Anne Kwaks also expressed interest.
Agenda Item #5 – Other Business
Economic Development Committee
Val Shelton asked for any comments since the August meeting. She would like to set up a Planning Board subcommittee to evaluate the recommendations from that meeting and to work on potential amendments. The Board was in agreement. Rose-Anne Kwaks, Janice Rosa, Val Shelton, and Dale Pike will be on the subcommittee. Any meetings with four or more Planning Board members will have to be posted and minutes will have to be taken.
The Board has the recommendations and the minutes from the joint meeting already. Diane Hardy will look into other towns with CCRC ordinances.
CIP Committee
Rose-Anne Kwaks stated they finished and submitted the report for the Town’s CIP. They had a meeting with the schools last week. They will meet again in mid- December. The schools are revising and resubmitting their forms to the Committee.
Town Council
Dale Pike stated they were in a quandary as to what to do with the Advisory Heritage Commission. They got applications from people willing to serve. The Commission had not had any meetings for the last three years and the Council had nothing before them with any plan for what they wanted to do or any correspondence from them. They voted to disband the committee. If someone comes before them with a plan on what they want to do, the Council can consider it. Rose-Anne Kwaks stated there were no interested applicants there that evening, because they were told the applications were received too late and they would not be heard. They were told it would be continued. Dale Pike stated if someone came in and presented a specific plan for the Commission, they would listen to it.
Planner’s Report
Diane Hardy stated she sent an email to the Newmarket Housing Authority regarding the status of the solar panel project and received no response. She will call the Executive Director.
Other Business
Janice Rosa recommended that townspeople watch the school facilities meetings. There is a lot of misinformation going around and these meetings are very informative. People should make their voices heard.
Agenda Item #6 – Adjourn
Action
Motion: Rose-Anne Kwaks made a motion to adjourn at 8:19 p.m.
Second: Janice Rosa
Vote: All in favor