Minutes
NEWMARKET PLANNING BOARD MEETING
NOVEMBER 15, 2016
MINUTES
Present: Eric Botterman (Chairman), Val Shelton (Vice-Chairman), Janice Rosa, Rose-Anne Kwaks, Diane Hardy (Town Planner), Ezra Temko, Peter Nelson (Alternate), Dale Pike (Town Council ex officio Alternate)
Absent: Glen Wilkinson (Alternate), Jane Ford, Amy Burns (Town Council ex officio) – all excused
Called to order: 7:15 pm.
Adjourned: 8:15 p.m.
Agenda Item #1 – Pledge of Allegiance
Agenda Item #2 – Public Comments
None.
Agenda Item #3 – Review & approval of minutes: 09/13/16 & 10/11/16
The Chairman appointed Alternate Peter Nelson to sit in for Jane Ford.
09/13/16
Action
Motion: Val Shelton made a motion to approve the minutes of 09/13/16
Second: Peter Nelson
Vote: All in favor
Eric Botterman abstained due to absence
10/11/16
Action
Motion: Val Shelton made a motion to approve the minutes of 10/11/16
Second: Rose-Anne Kwaks.
Vote: All in favor
Janice Rosa, Peter Nelson, and Dale Pike abstained due to absence
There was not a quorum of members present at this evening’s meeting who were present at the 10/11/16 meeting. The Board will revisit this at the December meeting.
Appointment to Newmarket Representative to the Strafford Regional Planning Commission
Val Shelton nominated Lisa Henderson to the position. Janice Rosa seconded the nomination. All Planning Board members were in favor. Her application will be forwarded to the Town Council for consideration of the appointment. Ezra Temko suggested that she be considered for Planning Board Alternate.
Agenda Item #4 – Regular Business
Bradley Doucette – Request for waiver of impact fees pursuant to Town of Newmarket Ordinance - Impact Fees for Public Capital Facilities; specifically Section 7.07 “Impacts” (7), for property located at 49 Smith Garrison Road, Tax Map R2, Lot 2.
Mr. Doucette was present. He explained he is building a single family home on one of the last remaining lots in the Smith Garrison development, which was approved by the Newmarket Planning Board on November 6, 1988. The development is well-established and was vested according to RSA 679:74 prior to the enactment of the Town’s impact fee ordinance which was adopted in 2001. This application meets the criteria for an impact fee waiver pursuant to Paragraph (F), subparagraph (6). There is precedent for the Planning Board granting a waiver of impact fees on another lot at 58 Smith Garrison Road in 2003. The impact fees for the lot would be a total of $3,694 (Public School $3,418, and Recreation $276 per unit).
Action
Motion: Val Shelton made a motion to grant the waiver to impact fees
Second: Janice Rosa
Vote: All in favor
Jarib M. Sanderson Trustee of Robin Realty Newmarket Trust/Tuck Realty Corporation – Continuation of public hearing for an application for Subdivision and Special Use Permit, for property at 36 Dame Road, Tax Map U2, Lots 297 & 320, R1 Zone. The proposal is for an 11 unit residential open space design development. The Special Use Permit will allow a 150 square foot wetland impact pursuant to Section 5.03 Paragraph (F) of the Wetland Overlay District of the Zoning Ordinance.
Representatives Mike Garrepy, with Tuck Realty Corp. and Joe Coranati, engineer from Jones and Beach, were present to give an update since the last meeting. The Conservation Commission has provided its support of the application for special use permit for wetlands impacts and a waiver to the 100 foot wetland buffer requirements. A “happy letter”, dated November 11, 2016, has been received from Underwood Engineers. They have reviewed the memo from Diane Hardy, updated November 15, 2016. and they have no issues with what she is recommending for conditions
1. All state, local, and federal permits shall be provided prior to plan signing, including NH DES Wetlands and NH DES Subdivision Approval. All permits and their corresponding permit numbers shall be listed in the final plan set;
2. Permanent markers, such as tags, granite posts and/or carsonite markers, shall be installed to delineate the edge of the no-cut zones, as specified by the Conservation Commission. Such markers are to be shown on the approved plans. A note shall be added to plan to the effect that the wetland plaques, for the detention area, are to be placed on the wetland edge and the drainage easement.
3. The Developer shall enter into a Developer’s Agreement with the Town of Newmarket, which includes findings of fact, special conditions, the Town’s expectations prior to and during construction, and prior to the issuance of building permits, certificates of occupancy and the requirements for the performance bond;
The Developer shall issue a performance bond and/or performance guarantee in an amount and form determined as acceptable by the Town’s engineering consultant and Town’s Legal Counsel to ensure completion of the proposed roadway and stormwater systems, and all other infrastructure in accordance with the final approved plans;
5. The Developer shall make an advance escrow payment to the Town in an amount determined as being acceptable by the Town’s engineering consultant to provide construction inspection services to assure proper site construction of roadway and stormwater systems;
6. The street name and numbers shall be assigned by the Town’s 911 coordinator prior to the issuance of the building permits for the dwelling units within the development;
7. All legal documents related to the Open Space Development, including the Articles of Incorporation, Homeowners’ Association By-Laws, Stormwater Maintenance Agreement, screening escrow agreement, trail right-of-way and easement documents, covenants, and deed restrictions related to stormwater management and no-cut buffer zones, shall be reviewed and approved by Town’s Legal Counsel prior to plan signing; and recording of the final plan and legal documents;
8. The applicant to pay impact fees in accordance with the current Town of Newmarket Impact Fee Schedule for recreation and schools unless waived by the Planning Board in accordance with Section 7.07 of the Newmarket Zoning Ordinance in the amount of $3,694 per unit. (Public Schools $3,418 per unit; Recreation is $276 per unit) for a total of $40,623 for the 11 units;
9. Pursuant to RSA 153:5 and 2009 Edition of the National Association of Fire Protection (NFPA) Section 1 which states “Where no adequate or reliable water distribution systems exists, such as reservoirs, pressure tanks, cisterns or other systems capable of providing the required fire flow shall be permitted. In this particular case, the requirement for a cistern has been waived due to the developer agreeing to provide NFPA 13D Fire Protection Sprinkler systems in each home. The Note 30, as written and shown on Drawing No. A2 shall be removed and the language that reads “The requirements for sprinkler systems shall be referenced in the respective deeds of each house lot to put the subsequent property owners on notice of the requirement” shall be incorporated into Note 27 (Drawing A-3).
10. A Land Stewardship Plan, in narrative form, shall be professionally prepared, which focuses on the long-term management of the open space and addresses items such as erosion, a maintenance and operations plan needed to maintain the stability of the resources, the management of woodlands, and buffer area landscaping, the preservation of wetlands, and the enhancement of scenic views on site. (Condition 2 from Special Use Permit, issued on July 12, 2016)
11. The Applicant shall include in the plan set for signature by the Planning Board Chairman, the Yield Plan titled “Drawing No. Y1), dated May 26, 2016, which includes the calculations showing the number of proposed approved lots of 11.
Abutters Wayne and Rhonda Reilly, who live at 41 Dame Road, were present. They are interested in the end-result of the escrow agreement. Diane Hardy stated that a condition was added to Drawing No. A3, which states the applicant shall place $1,000 in an escrow account prior to construction to minimize the impact of headlight glare to be determined within one year after road construction. If the abutters have concerns during that period then they can contact the Planning Office who will work with the developer and abutters to come up with a reasonable planting plan to resolve the issue.
Ezra Temko reported a letter has been provided by Jeffrey Goldknopf, Chairman of the Conservation Commission indicating their support of the Special Use Permit and Waiver request. He stated that the Conservation Commission was also interested in how the amount of open space was calculated. He presented a table, which was provided by the applicant showing that of the 21.2 acres of open space that was being set aside, 62.9% of which is developable, which entitles the applicant to a 10% density bonus. The Conservation Commission is investigating some changes that may be incorporated into the Open Space Residential Design Ordinance to make it easier to calculate density and open space requirements.
Eric Botterman asked if there were any outstanding issues of whether the developer will install a cistern verses sprinkler systems in each individual home. Correspondence has been provided by Fire Chief Rick Malasky and Building Official Mike Hoffman stating that a 10,000 gallon cistern was inadequate. Final resolution is the developer has agreed to put sprinkler systems in the new homes. There are concerns about fire flows and pressure in the water system near the property line. They had considered offering a contribution toward future upgrades. The developer feels the Town should address the water pressure issue in that area of Town, as it is a disservice to the Town’s residents who believe there is fire protection in the neighborhood. Eric Botterman stated if the developer can work out some other alternative with the Fire Chief, the Planning Board is open to a modification of the approved plan. Meanwhile, the Developer has agreed to remove the condition which provides the option of installing a cistern in lieu of sprinklers.
Val Shelton indicated that the plants and shrubs as listed on rain garden detail is worded as being “optional” on Drawing No. D3. She would like the references to “optional” in two places to be removed from the plan which was acceptable to the Developer.
The Special Use Permit and waiver were addressed first.
Section 5.03 (F) to allow a direct wetland impact of 150 square feet, impacts to the 25 foot wetlands setback of 5,726 square feet for the stormwater area and 629 square feet of permanent impacts for road construction subject to the following conditions.
Approval from the NH DES Wetlands Bureau for Dredge and Fill permit for the wetland impact, prior to plan signing.
Subject to items 1 and 2, as agreed to by the applicant as stated in the last paragraph of the Conservation Commission’s letter dated October 17, 2016.
Permanent markers, such as tags, granite posts and/or carsonite markers, shall be installed to delineate the edge of the no-cut zones, as specified by the Conservation Commission.
Second: Rose-Anne Kwaks
Vote: All in favor
Action
Motion: Val Shelton made a motion to grant a waiver to Section 3.14 (4) of the Subdivision Regulations requiring a 100 foot upland buffer of natural native species of vegetation at a width of 100 feet around wetlands, subject to the following condition:
“Language be added to the deeds of corresponding lots 1, 2, 3 and 4 to alert future property owners of the presence of the wooded buffer area with a provision that there be “no-cut” restrictions within that area, with the exception of limited cutting for wells within the buffer of Lots 2 and 3 calling for a 75 foot well protection radius from the leach fields.”
Second: Rose-Anne Kwaks
Vote: All in favor
Action
Motion: Val Shelton made a motion to conditionally approve the Application of Jarib M. Sanderson, Trustee of Robin Realty Newmarket Trust for Subdivision under Newmarket’s Land Use Code Regulations Chapter V: Subdivision Regulations, for property located on Dame Road, Tax Map U2, Lot 297 and Bay Road, Tax Map U2, Lot 320 in the R-1 Zone to permit construction of 11 single-family homes under a Residential Open Space Design Development as shown on plan sets received by the Newmarket Planning Board, and last revised on November 7, 2016 subject to the condition as noted by Diane Hardy, Town Planner, in her updated memo dated November 15, 2016 comprised of 11 specific conditions and the plan as amended tonight with respect to the rain garden.
Second: Rose-Anne Kwaks
Vote: All in favor
Maplewood & Vaughn Holding Co., LLC, & NIP-LOT6, LLC – Continuation of a public hearing for an application Major Site Plan Review, at 2 Forbes Road, Tax Map R3, Lot 9-6; 175 Exeter Road, Tax Map R3, Lot 6; 177 Exeter Road, Tax Map R3, Lot 7; 181 Exeter Road, all in the B2 Zone. The project consists of constructing two new industrial buildings (approximately 14,000 sq. ft. and 20,000 sq. ft.) along with a 12,000 sq. ft. addition on the existing industrial on Lot 9-6.
Diane Hardy gave a status report on the project. She stated since our last meeting, the Applicant has submitted a revised landscape plan, dated November 1, 2016, and the “A Route 108 Buffer Plan”, dated October 27, 2016.
She had been in touch with the NH Department of Transportation and they are still in the process of reviewing the highway access permit.
At the last Planning Board meeting on October 11, the Applicant submitted revised “Site Sections” dated 10/11/2016 and presented different scenarios showing 3D images of architectural renderings of the proposed front building at the entrance of the Newmarket Industrial Park. The Planning Board had indicated their preference of the glass front two tone (white and grey building) which helped to break up the mass of the building with a stepped down arrangement with a lower front section at a lower elevation with additional screening to hide the rooftop mechanical screening. The Planning Board confirmed the preferred rendering and labeled it as “Option 3.” The building height is the same as the original plan.
Rob Graham reported on meeting with Rose-Anne Kwaks who showed him the landscaping on her property to give him an idea of appropriate plant species for the landscaping plan.
Diane Hardy stated that she has received an e-mail confirmation from Phil MacDonald of Underwood Engineers that the applicant has addressed the majority of their comments. They would still like to see an easement plan, to be recorded to show how cross-easements and sewer easements will be handled. Also, they wish to clarify for the Planning Board that they questioned grading during their initial review. Cross sections were requested so that the Board could visualize grading. They received the revised cross sections and they reflect existing and proposed grading through the site. The Planning Board needs to note that the proposed grading along Forbes Road reflects excavation to an elevation 10 feet below Forbes Road and a 50 foot cut at the building. They take no exception to the cross sections provided and have no additional comments concerning grading.” Email correspondence from Phil MacDonald, dated 11/20/2016.
Ms. Hardy presented her staff recommendations that the Planning Board conditionally approve the Major Site Plan review application, requested by Maplewood and Vaughan Holding Co. LLC and NIP Lot 6 LLC (Shearwater Investment Corporation) at 2 Forbes Road, Tax Map R-3, Lot 9-6 and 175 Exeter Road, Tax Map R-3, Lot 6, in the B-2 zoning district, subject to the following conditions:
1) The Applicant shall enter into a Developer’s Agreement, with the Town of Newmarket, which includes findings of fact, special site plan approval conditions, the Town’s expectations prior to and during excavation and construction, requirements prior to the issuance of building permits, certificates of occupancy, scheduling and the timing of site improvements and construction.
2) The applicant shall make an advance payment to the Town to allow for the Town’s engineering consultant to provide construction observation and coordination services to assure compliance with the Town’s regulations and the approved site plan and intersection improvement plan throughout construction.
3) The applicant’s engineer shall provide a cost estimate for all off-site improvements that are to be completed within the State’s and Town’s right-of-way, as required by the NH Department of Transportation. This estimate shall become the basis for a performance bond, which shall be posted by the applicant in an amount satisfactory to the Town’s engineer to assure timely and proper construction, prior to plan signing.
4) Impact fees for the project (calculated in accordance with Town Regulations) shall be paid to the Town of Newmarket. Projected flow data for water shall be provided to the Town by review by the Town’s engineering consultant, which will be used as the basis for the water and wastewater impact fee.
5) Evidence that all relevant Federal and State permits relating to alteration of terrain and highway access have been secured. Copies of all permits (and any corresponding conditions) shall be provided prior to plan signing. (NH DES Alteration of Terrain and NH DOT Highway Access Permits).
6) Upon obtaining the NH DOT Highway Access Permit, the applicant shall finalize the intersection improvement plan, with appropriate engineering details and data, as required by the Town’s review engineer, the Newmarket Public Works Department and NH Department of Transportation (DOT). Implementation of this plan and adherence to any applicable NH DOT conditions shall be the responsibility of the applicant as part of the Planning Board’s approval of this site review application. The final intersection plan shall be reviewed and approved by the Town’s review engineer and Town’s Public Works Department prior to plan signing.
7) The Applicant shall provide an Easement Plan and Drainage Maintenance Agreement as requested by the Town’s Engineering consultant. Copies of all easement plans, agreements, and deeds shall be recorded at the Rockingham County Registry of Deeds. These documents shall be provided to the Town for review and approval by the Town’s legal counsel, prior to the signing of the plans.
8) This site review approval shall be deemed to have lapsed twenty-four (24) months after the date of approval, unless active and substantial development or building has commenced within said period as provided by RSA 674:39. For purposes of vesting, the site plan approval shall be deemed to have permanent vesting upon substantial completion of building and site improvements as shown on this site plan. Substantial excavation shall constitute active and substantial development or building.
9) The following note shall be placed on the Site Plan (C-102). No mechanical equipment on or in the building including electrical, plumbing, heating ventilations, and air conditioning equipment shall be exposed to view from the public right-of-way and shall be properly shielded and screened from Route 108.
10) The architectural detailing of the front and side of the building, as shown in the two architectural renderings and described as “Option 3” on Tax Map R-3, Lot 6 shall be incorporated into the final plan set and is integral and material to the Planning Board’s approval of this site review application in fulfillment of Section 3.21 Architectural and Aesthetic Review requirements of the Newmarket Site Review Regulations.
The proposed landscaping plans were found to be acceptable by the Planning Board. Rose-Anne Kwaks suggested replacing the Dwarf Korean Lilac that are specified with Rhododendrons, which would be evergreen year round. As noted in the front of the site, where the sugar maples are located, as they grow, they would be providing shade. This would not be conducive for the flowering lilacs that are being proposed. She would like to see those modifications made to the plans. Rob Graham agreed to the substitution.
Ezra Temko suggested a green roof top garden. Rob Graham has indicated that they have not specified one because of the cost, the contents of materials being stored in the building, and associated risks. Peter Nelson inquired whether they had considered solar panels on the roof top. Developer’s representative, Rob Graham said there are issues with liability and protection of the contents of the building. Peter Nelson mentioned the “PACE” program with the NH Community Development Finance Authority which offers incentives for solar energy for commercial for projects over $250,000. Peter Nelson thought the industrial park would be a good candidate for this program. They have had success with this program in other communities.
Ezra Temko questioned whether condition 9 would preclude the placement of solar panels on the roof. It was decided that was a separate issue and as stated by the developer they are not interested placing solar panels on the roof.
Action
Motion: Ezra Temko made a motion to waive Site Plan Review Requirements of Section 4.08 to allow a drawing scale of 1”=50 feet in lieu of 1”=20 feet
Second: Rose-Anne Kwaks
Vote: All in favor
Action
Motion: Val Shelton moved to Conditionally approve the Major Site Plan review application, requested by Maplewood and Vaughan Holding Co. LLC and NIP Lot 6 LLC (Shearwater Investment Corporation) at 2 Forbes Road, Tax Map R-3, Lot 9-6 and 175 Exeter Road, Tax Map R-3, Lot 6, in the B-2 zoning district, consisting of two (2) new industrial buildings (approximately 14,000 square feet and 20,000 square feet) along with a 12,000 square foot additional to an existing industrial building on Lot 9-6 subject to the conditions outlined in Town Planner, Diane Hardy’s memo, dated November 15, 2016, and the following amendments :
To Condition 7) add “Easement plans and cross easements for sewer”
To Condition 11) amend the landscaping plan and Route 108 buffer plan, by replacing lilacs with rhododendrons.
Second; Janice Rosa
Vote: All in favor
Agenda Item #5 – Other Business
Discussion – Design Review – To be continued to the next meeting.
Discussion – Report from subcommittee regarding zoning amendments
Dale Pike reported that the committee had meet and reviewed all the recommendations of the Future Land Use Chapter and put together a priority listing.
A motion was made by Val Shelton, seconded by Rose-Ann Kwaks, authorizing the Planning Board Chairman to draft a letter to the Town Council regarding the Planning Board’s recommendations in the Future Land Use Chapter regarding the Property Maintenance Code and Junkyard Ordinance.
The Planning Board asked Diane Hardy to post the Report of the Subcommittee dated October 12, 2016 on the Town’s website and to forward a copy to the Town Council. The subcommittee will meet shortly to begin working on zoning amendments.
Committee Reports
Conservation Commission
Ezra Temko, updated the Planning Board on the activities of the Conservation Commission. As reported earlier, the Commission supported the Special Use Permit and 100 foot wetland setback requirements for the Sanderson Open Space Residential Development on Dame Road. He asked the Future Land Use Subcommittee as it moves forward with its work, if the Conservation Commission can be informed about any meetings concerning items of an environmental nature, so they can attend and participate in those meetings.
He reported that the Conservation Commission heard a presentation from Phil MacDonald from Underwood Engineers regarding work they are doing related to drainage, water and roadway improvements on New Road. They a proposing a new drainage outfall which is proposed to divert stormwater away from NH Route 108 and the downtown area and provide a stormwater treatment system. This project will require a Wetlands Permit from NH Department of Environmental Services.
Capital Improvement Program Committee
Rose-Ann Kwaks reported that the committee submitted their report to the Town Administrator on October 1. The Committee is waiting for the School’s CIP request to finish the CIP process, which they hope to receive by the end of November.
Planner's Report
Diane Hardy announced that Matthew Sullivan of the Strafford Regional Planning Commission, who worked with the Planning Board on the Future Land Use Chapter, has taken a new position as the Planning Director for the Town of Wolfboro. He will be missed.
Agenda Item #6 - Adjourn
Action
Motion: Janice Rosa made a motion to adjourn at 8:15 p.m.
Second: Rose-Anne Kwaks
Vote: All in favor