Minutes
NEWMARKET PLANNING BOARD MEETING
JANUARY 23, 2018
MINUTES
Present: Eric Botterman (Chairman), Val Shelton (Vice Chairman), Diane Hardy (Town Planner), Amy Burns, Town Council representative, Jane Ford, Rose-Anne Kwaks, Peter Nelson, Michal Zahorik (Alternate)
Absent: Janice Rosa, Gretchen Kast (both excused)
Called to order: 7:12 p.m.
Adjourned: 8:01 p.m.
Agenda Item #1 - Pledge of Allegiance
Agenda Item #2 - Public Comments
Eric Botterman stated Janice Rosa was absent and he appointed Michal Zahorik to sit in her place on the Board for the evening.
No public comments.
Agenda Item #3 - Review & Approval of Minutes: 12/12/17
Action
Motion: (Due to poor audio on the DVD, unable to hear the motion or second)
Second:
Val Shelton wanted to clarify a motion she had made on page 7. The motion is as follows: “Val Shelton made a motion to accept the waiver request for 187 Main Street relative to a proposed site plan review to change the use for residential.” She wanted to eliminate the “use for residential” wording to read “major site plan to minor site plan review”.
Vote: All in favor
Amy Burns abstained due to absence
Agenda Item #4 - Regular Business
Kyle Pimental, Strafford Regional Planning – Update on stormwater regulations.
Kyle Pimental gave an update on the stormwater regulations. Newmarket last updated its stormwater regulations in 2010. That was prior to the Southeast Watershed Alliance model regulations of 2012. Since then, they have been updating that model. There are new precipitation rates, they updated management strategies for redevelopment and made changes in impervious coverage requirements. In 2016, SRPC was given the opportunity to apply for a NOAA Projects of Special Merit grant. As part of that application, they were able to have some funding they could set aside for their five coastal communities. Newmarket decided they wanted to look at stormwater regulations. Newmarket ended up with $8,000 in grant money. Involved in this grant, as partners, were himself, the Newmarket Planning Department and the UNH Stormwater Center. They put together a subcommittee consisting of a Conservation Commission member, a Town Council member, the Town Planner, a staff member from Underwood Engineers and a Planning Board representative. They had meetings from August to December.
They have organized the recommendations and the revisions are complete. The draft regulations were reviewed by the subcommittee and Town Attorney. Right now, the Town is considering offering the draft regulations to be peer reviewed by a developer, an outside engineer or both. Newmarket will be the first community to adopt the new model.
There will be an opportunity on February 13 to discuss this in a workshop. Jamie Houle will be here from the UNH Stormwater Center. He will go over in more detail why they made certain changes and he can answer questions. Mr. Pimental will follow that up with more substantial changes that were made. To highlight some of those, they added additional definitions that were in the model and not in the existing regulations. They changed some of the minimum thresholds for site plan. The 2010 regulations and the projects captured under that were projects that disturbed more than 20,000 sq. ft. They recommend that come down to 5,000 sq. ft. or 2,500 within a 100’ of surface water. 5,000 sq. ft. captured 80% of projects. There is an all new stormwater management section for redevelopment. It also allows options for mitigation for redevelopment. Submission requirements include a spill prevention control and response plan. The other changes look at site inspections and reporting responsibility.
The workshop will be at the next Planning Board meeting, with the Stormwater Center and Planning Commission. After that, once they receive feedback, a public hearing will be scheduled and then final adoption. The regulations now are as final as they are going to be until they get comments back from the developers and engineers. The grant is over on March 31. That does not mean the Board would have to adopt it at that time. They wrote into the grant that a final draft will be in front of the Board at that time.
Diane Hardy stated she did not know if they would get the peer review comments by the next meeting. She is hoping they can.
Jonathan Smith & Caitlin Smith – Continuation of a request for a Waiver of Impact Fees for an accessory apartment at 14 Woods Drive, Tax Map U1, Lot 1-50, R2 Zone.
Eric Botterman asked if everyone had seen the memo from the Town’s attorney, John Ratigan, regarding the accessory dwelling units (ADUs). This was regarding a recommended change to the zoning for ADUs. He asked that the applicant be a little patient with the Board for a few minutes, while they went over this. Attorney Ratigan shared the concerns about making restrictions on properties and whether some of the restrictions were legal under the Fair Housing laws. He is suggesting language regarding waiving impact fees when the ADU would not increase the number of bedrooms already on the property and that one or more of the existing bedrooms will be dedicated to the ADU.
He asked the Board if they wanted to make this change and have a public hearing, then make a recommendation to the Town Council. Rose-Anne Kwaks was not in favor of changing it and giving the waivers out. She stated, as Attorney Ratigan has stated, over time the waivers could increase substantially. There is no manpower or personnel to oversee this. Diane Hardy stated his comment was about having deed restrictions that the Town would have to administer and enforce. He has offered another option for waivers in situations where there was no increase in the number of bedrooms, which he thought was a more legally defensible approach instead of trying to attach the conditions regarding the age of the occupant. The additional bedrooms drive the impacts. Val Shelton stated if they do amend the ordinance to include this, a studio would also have to qualify as a bedroom. They should clarify this in a definition.
A straw poll was taken to see if the Board would be amenable to amend this. Jane Ford stated there should be definitions for what a studio is and what a bedroom is. Rose-Anne Kwaks stated it would be a burden to the town. Once they do this, they will not be able to give waivers for the school portion, for having children. Eric Botterman stated the attorney agrees, if they were going to do something with age restrictions, someone from the Town would have to go out and inspect occasionally and make sure it is age restricted. That is now off the table. He is suggesting that such an approach is unworkable and illegal. The attorney is saying they may want to consider granting waivers in a situation where the number of bedrooms in the house will not change. Then, there is no additional burden. That is a reasonable decision. Rose-Anne Kwaks stated if they are not legally able to restrict the age of occupants, by the Board granting a waiver for the school portion, they are accepting they will not ever have any children in those units. Therefore, they are indeed restricting the age. By granting a waiver of school fees, the Board is saying they cannot have school aged children in the unit. It is expected of the property owner, because this waiver was given, they will not have school aged children there. Diane Hardy stated the attorney is saying, if the number of bedrooms at the end of the day is the same as it was before the ADU, then that requirement is legally defensible. Val Shelton stated the premise is you are not expanding the existing use of the property.
Peter Nelson stated he was comfortable with a waiver when there are no additional bedrooms. It has nothing to do with age. It is not a guaranteed waiver. Rose-Anne Kwaks stated if you give it to one, you have to give it to the rest. She stated they are opening up a can of worms and she does not agree with it at all.
Jane Ford and Amy Burns stated they did not see why they could not do this. Val Shelton stated she agreed. Michal Zahorik stated this is a suggestion for a waiver. It says “may”. They don’t have to grant a waiver. The Board still has to decide on it.
Eric Botterman asked if the Board members would work on this for the February meeting and get their ideas and comments to the Planning Office for discussion.
Eric Botterman thanked the applicant’s representative, Jack Dion, for his patience. He explained that, based on the Town Attorney’s input, they are not in a position to grant waivers, at this time. He stated it was up to the applicant, but he would recommend continuing the application until such time, if the Board is going to update this, they have more definitive language and answers and they can make a decision. If Mr. Dion needs the Board to take a vote, they can vote. Jack Dion said this process had not been done like this in the past. Eric Botterman stated it does not mean they cannot change something, when necessary. The playing field has changed. A law changed and issues came up. They got some advice from the Town Attorney and that changed opinions on granting waivers. They can vote tonight, but he may not like the outcome. He suggested they have a chance to work through this first. Diane Hardy stated it would be in his best interest to wait.
Val Shelton asked about his occupancy permit. Diane Hardy stated the applicant can request a temporary Certificate of Occupancy until this is acted upon. She will talk to the Building Inspector about it.
Action – All four applications on the agenda are being continued, see Action after fourth item.
Alex Capron & Kathleen West – Continuation of a request for a waiver of School Impact Fees for an accessory apartment at 7 Moody Point Drive, Tax Map R2, Lot 39, R1 Zone.
Action – All four applications on the agenda are being continued, see Action after fourth item.
Nip-Lot 6, LLC, & Maplewood and Vaughn Holding Co., LLC – Continuation of a public hearing for an application for Lot Line Adjustment, at 2 Forbes, 175 & 177 Exeter Road, Tax Map R3, Lots 6, 7, & 9-6, B2 Zone. The proposal is to adjust the lot lines, in order to modify two building lots. The lots are larger and have more frontage than required and will be conforming industrial lots.
Action – All four applications on the agenda are being continued, see Action after fourth item.
Maplewood and Vaughn Holding Co., LLC – Continuation of a Public hearing for an application for Site Plan Review at 177 Exeter Road, Tax Map R3, Lot 7, B2 Zone. The proposal is for a 24,000 sq. ft. stand-alone industrial building, with municipal water and sewer. The application previously approved will not be constructed. The full application may be viewed at the Planning Office at the Town Hall, 186 Main Street, Newmarket, NH, during business hours.
Action
Motion: Rose-Anne Kwaks made a motion to continue the four applications to the February 13, 2018 meeting
Second: Val Shelton
Vote: All in favor
Rules of Procedure – Amendment to Planning Board Rules of Procedure, Application Submission section. The amendment is to change the application submission filing date to twenty one days prior to the meeting, from fifteen days, to reflect the recent change to NH RSA 676:4(I)(b).
Action
Motion: Val Shelton made a motion to change the application submission filing date to twenty one days prior to the meeting, from fifteen days, to reflect the recent change to NH RSA 676:4(I)(b)
Second: Peter Nelson
Vote: All in favor
Agenda Item #5 - New/Old Business
Zoning Committee
Diane Hardy stated she and the Committee had a meeting last night, with representatives of the Town Council, Gary Levy of the Economic Development Committee (EDC), Val Shelton, Rose-Anne Kwaks, and Steve Fournier the Town Administrator. They talked about the status of the zoning amendment the committee had started last January. The Skilled Nursing Facility overlay was approved in October. At the meeting last night, there were several questions raised about how this would be implemented, whether water and sewer extensions would be necessary, and the status of payments in lieu of taxes. Steve Fournier is getting a legal opinion on that. The committee will reconvene and schedule a meeting with the landowners. They would like to make sure where they are coming from with respect to their interests. The follow-up meeting will probably be in a couple of weeks. They can then schedule a meeting with the landowners in February or March.
Val Shelton stated they would like to understand what the Town Council is looking for relative to development in the community and where they want it. Eric Botterman stated the extension of the sewer line has always been an issue. Val Shelton stated it does not make sense for a committee to keep spinning its wheels without knowing what the end goal is. Diane Hardy stated they have a cost estimate from Underwood Engineers to extend the sewer out there that is 1.8-2 million dollars for sewer only. It is a major investment. They need some clarity as to what the Town’s position is, so they are in a position to negotiate offsite improvements with any developer that comes in.
Rose-Anne Kwaks stated this land is over an aquifer. There is a Dufrene-Henry study that said they did not even want excavation there, which has been there for several decades. To put all those septics out there is not a good idea, even for low density single family home, with lawns, and the use of fertilizers, etc.
Planner's Report
Diane Hardy mentioned Cynthia Copeland, Executive Director of Strafford Regional Planning Commission, is retiring. The consensus of the Board was that she did an exceptional job, has much institutional knowledge and has been a great asset to Newmarket. Her service is much appreciated.
Diane Hardy asked Amy Burns if the Town Administrator had given her any information on the MS4 program. Amy Burns stated he did say he was attending a meeting on it and would pass along any update.
Conservation Commission
Rose-Anne Kwaks stated they are discussing kiosks and there have been some violations of easements they are working on.
Agenda Item #6
Action
Motion: Val Shelton made a motion to adjourn at 8:01 p.m.
Second: Amy Burns
Vote: All in favor