Minutes

NEWMARKET PLANNING BOARD MEETING

AUGUST 9, 2016

MINUTES

Present:            Eric Botterman (Chairman), Janice Rosa, Jane Ford, Rose-Anne Kwaks, Ezra Temko, Diane Hardy (Town Planner), Amy Burns (Town Council ex officio)

Absent:             Val Shelton (Vice Chairman), Peter Nelson (Alternate), Glen Wilkinson (Alternate), Dale Pike (Town Council ex officio Alternate), all excused

Called to order:           7:06 p.m.

Adjourned:                   

Agenda Item #1 – Pledge of Allegiance

Agenda Item #2 – Public Comments

                             None. 

Agenda Item #3 – Review & approval of minutes:         07/12/16

              Action

Motion:            Janice Rosa made a motion to accept the minutes of July 12, 2016

                             Second:            Jane Ford

              Ezra Temko stated on page 8, line 42, where it said, “Ezra Temko wanted it to read that low impact development and other innovative land use and planning techniques should be strongly encouraged” should be changed.  He looked at his notes and “…should be strongly encouraged” is the language that is currently there.  He added “…and further explored”.  He wanted to add that to the end.  So noted.

                             Vote:                 Jane Ford & Amy Burns abstained due to absence          

                                                          All in favor

Agenda Item #4 – Regular Business

Gary & Gail Jablonski – Notice of Merger, 30 Bay Road, Tax Map R2, Lot 82 and 32 Bay Road, Tax Map R2, Lot 82-1.

Action

Motion:            Rose-Anne Kwaks made a motion to approve the Notice of Merger for Gary & Gail Jablonski, at 30 Bay Road, Tax Map R2, Lot 82 and 32 Bay Road, Tax Map R2, Lot 82-1 and authorize the Chairman to sign the meager

              Second:            Janice Rosa

              Vote:                 All in favor

Request for extension of conditional approval for Nathan G. & Jennifer L. Russell/Leo Manseau, Jr. – Boundary Line Adjustment for property located at (Russell) 441 Wadleigh Falls Road, Tax Map R6, Lot 5, & (Manseau) at 435 Wadleigh Falls Road, Tax Map R6, Lot 4-1, both located in the B3 Zone.  The proposal was to revise the common boundary between the two lots, so that 1.978 acres of land is added to Lot 4-1 from Lot 5.  Approval was granted on February 16, 2016.

Eric Botterman stated boundary line adjustment was conditionally approved and Mr. Manseau had explained, in the letter requesting the extension, they are currently working through the details with the bank.  He would entertain a motion for approved.

Action

Motion:            Rose-Anne Kwaks made a motion to approve the extension for an additional six months for Nathan G. & Jennifer L. Russell/Leo Manseau, Jr. – Boundary Line Adjustment for property located at (Russell) 441 Wadleigh Falls Road, Tax Map R6, Lot 5, & (Manseau) at 435 Wadleigh Falls Road, Tax Map R6, Lot 4-1, both located in the B3 Zone

              Second:            Janice Rosa

              Vote:                 All in favor

Jarib M. Sanderson Trustee of Robin Realty Newmarket Trust/Tuck Realty Corporation - 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.

              Eric Botterman stated the Board had not yet accepted the subdivision application. 

              Diane Hardy stated she reviewed the application against the checklist and found one slight deficiency.  She did notify the applicant regarding requesting a waiver for a road width of less than 24’ and he has provided that request.  She recommends accepting the application for technical review.  She stated there are two Special Use Permit requests pertaining to wetlands and she would recommend accepting those subject to review by Mark West, the Board’s independent wetlands specialist, and to work with the Conservation Commission to address the waivers and to confirm the wetland boundaries.

              Action

Motion:            Rose-Anne Kwaks made a motion to accept the application for Subdivision and Special Use Permits for Jarib M. Sanderson Trustee of Robin Realty Newmarket Trust/Tuck Realty Corporation for property at 36 Dame Road, Tax Map U2, Lots 297 & 320, R-1 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, with conditions to be included by the Planner.

                             Second:            Janice Rosa

                             Vote:                 All in favor

              Eric Botterman stated they need to set up a Technical Review Committee (TRC) meeting and the Board will be hearing from the Planner regarding that.  Mark West would be involved in the review of the Special Use Permits.  Diane Hardy stated Mark West has the waiver requests and plans and should have a cost estimate by the end of the week.  Underwood Engineering has provided a cost estimate and the applicant paid for their services in advance.  She would like to have the TRC meeting in the next week or week and a half. 

              Mike Garrepy represented the applicant.  He stated the only significant revision they made is lots were relocated.  One is now completely out of the 100’ buffer and another is involved in the waiver request.  They are meeting with the Conservation Commission on Thursday to talk about the plan, the waivers, and Special Use Permits, as well as the dredge and fill permit.  They tweaked the road a little bit to avoid some boulders. They will be moving the stone wall at Lot 1 to wherever it is appropriate. 

              Rose-Anne Kwaks asked about an abutter who, at a previous meeting, had expressed concern about headlights shining into her house when cars exited the road.  Mr. Garrepy stated, in their estimation, the impact to that property would be insignificant, as far as their house goes.  The road comes out almost across the street from their pool.  They are trying to use the existing driveway culvert rather than disturb additional wetlands.  They are agreeable to working with the neighbors.  He suggested to them that he could put money into an escrow account to be held by the Town and wait to see what happens after the road is built.  They can only guess certain things may happen.  For example, if it happens that, once the road is built, headlights shine into their bedroom window, they will know they need to provide landscaping on the neighbor’s lot. 

              Action

Motion:            Rose-Anne Kwaks made a motion to continue to the Planning Board meeting of September 13, 2016, the application for Jarib M. Sanderson Trustee of Robin Realty Newmarket Trust/Tuck Realty Corporation for property at 36 Dame Road, Tax Map U2, Lots 297 & 320, R-1 Zone.  The proposal is for an 11 unit residential open space design development.   

                             Second:            Jane Ford

                             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. 

Eric Botterman stated the applicant has requested a continuance.

Action

Motion:            Rose-Anne Kwaks made a motion to continue Maplewood & Vaughn Holding Co., LLC to our September 13, 2016 Planning Board meeting

              Second:            Janice Rosa

              Vote:                 All in favor

DDC Realty Trust/David P. Valcovic, Trustee – Continuation of a public hearing for an application for subdivision, at 125 Grant Road, Tax Map R4, Lot 44, R1 Zone.  The proposal is to subdivide the 8.01 acre lot into three lots.  The lot with the existing house located on the corner of Grant and Ash Swamp Road will be 2.57 acres, the second lot located on Ash Swamp Road will be 2.30 acres and the third lot located on Grant Road will be 3.14 acres. 

Eric Botterman stated Mark West looked at the site and everyone should have a copy of his letter. 

Christopher Berry, Berry Surveying, represented the applicants.   He stated Mark West reviewed the wetland lines with their Wetland Scientist.  The front section of proposed lot 44-1, though it is not jurisdictional wetlands, is sensitive.  There probably should have been a culvert installed under the road.  There is water that collects there during large storm events.  It has been suggested by the Town’s consultant and their own environmental consultant this area remain in a natural state, not just the wetland, but the front of the lot. He indicated that area which is shown on the plan. They originally proposed the driveway to go around the wetland buffer and into the site.  The requirement of keeping this as a “no-build” zone just felt organic to the plan and the applicant had no objection.  Since then, they have shown a “no-build” line on the plan and have provided a metes and bounds description.  That way, it could be properly noted in a deed.  There are a couple of minor issues, one being there should have been a chart showing the frontage and they have now provided that, along with the full lot calculations, instead of just the upland areas, so they can show they meet the minimum lot size. 

Mr. Berry stated tonight it had been pointed out there was an additional notation error.  He should reference both lots, when referring to the easement.  The easement is not 30’ wide for the entire length.  He is revising that to show exactly where it is 30’ rather than describing it as a total 30’ easement.  They added a note to the plan that describes the no build, no grading, and no impervious surface areas.  Diane Hardy stated there was supposed to be language regarding the driveway easement saying it was in favor of Lot 44-2 and 44-1.  Mr. Berry stated they would add that language.

Diane Hardy stated the abutter who raised the concerns just arrived at the meeting.  She asked Mr. Berry to update her on the wetlands analysis.  Mr. Berry stated their wetland scientist met with Mark West on site and Diane Hardy, Rose-Anne Kwaks and the abutter were present.  It was determined that the areas shown were jurisdictional wetlands.  The soils outside of those areas don’t support jurisdictional wetland habitat, so they are not jurisdictional wetlands. Both wetlands scientists agreed. Because of the sensitivity in this area, they concluded it would be a benefit if building did not occur in this area.  They would make that restriction in the deed and there would be monumentation on the ground.  They would also install signage to make it obvious to future landowners that they are not to intrude into this area.  They had met with the Road Agent (Public Works Director) prior to submitting the application to the Board and he helped them choose this location for the joint driveway.  Diane Hardy had stated she would like some final written input from the Fire and Public Works departments.  The surveyors have not provided monumentation for the subdivision yet and they have to supply plans to NH DES.  They would like to receive local approval first. 

Rose-Anne Kwaks stated she was also on the site walk.  She stated she and Diane Hardy felt this was a reasonable approach. 

Phyllis Wark, 221 Ash Swamp Road, an abutter, stated she was present on the site walk and the plan looks exactly like what was discussed and she felt it would help tremendously. 

Eric Botterman closed the public hearing.

Diane Hardy went over recommended conditions of approval:

 a)    Corresponding deed restrictions shall be reviewed and approved by the Town’s legal counsel prior to signing of the plan by the Planning Board Chairman and recording of the subdivision document.

b)    Subdivision approval of the New Hampshire Department of Environmental Services (NHDES) and corresponding number to be placed on the subdivision, prior to plan signing by the Planning Board Chairman.

c)     Coordination with Scott Marsh, Town Assessor, regarding lot numbering protocols, prior to plan signing.

d)    Within the “no-disturb, no-cut zone” (between the road right-of-way and the restricted use line), there will be no permanent structures or impervious surfaces placed in the area.

e)    The Mylar shall be signed by the licensed land surveyor and certified wetland scientist prior to signing and recording.

f)      Revise the note on Lot 44-2 regarding “Proposed Easement #1” to read:

“Driveway easement in favor of Lot 44-2 and 44-1”.  Remove the reference to 30’ in width and instead show the 30’ width with an arrow on the plan.

g)   Specifications on signage showing the “No Disturb” zone.  She stated the Conservation Commission provided her with the specs for the signs used at the golf course subdivision.

h)    Subject to the review and approval of Rick Malasky of the Newmarket Fire and Public Works Department with respect to fire protection and sight distance for the proposed driveway.

              She stated she recommended conditional approval.

              Action

Motion:            Rose-Anne Kwaks made a motion to approve the application for a subdivision for DDC Realty Trust/David P. Valcovic, Trustee at 125 Grant Road, Tax Map R4, Lot 44, R1 Zone with the 8 conditions as noted by our Planner and read into the record

Second:            Janice Rosa

Vote:                 All in favor

Agenda Item #5 – Other Business

Design Review – Discussion

              Diane Hardy stated Peter Nelson created a website with various design review requirements from other towns.  She stated you can post information onto the website.  There are a dozen or more examples.  The committee will critique those.  There will be a meeting in September where the committee will come forward with some recommendations for proceeding. 

              Chairman’s Report

              Eric Botterman stated the pedestrian project has begun downtown.

              CIP Committee

              Rose-Anne Kwaks stated it was time to start meeting on the CIP.

              Conservation Commission

              Ezra Temko stated there were positive remarks about the climate resilience presentation.  Also, Schanda Park’s kiosk was replaced.

              Amy Burns talked about the Rec Department’s Splash & Dash kayak event.

              Planner’s Report

              Diane Hardy stated they have one change to the Future Land Use chapter.  Then, Master Plan chapter will be filed with the Town Clerk and NH Office of Energy and Planning.  The Board needs to sign the certification sheet.

               Diane Hardy asked if the Board was ready to proceed with drafting of some zoning ordinances.  There was a committee set up last November for this purpose.  The committee consisted of Janice Rosa, Val Shelton, Rose-Anne Kwaks and Dale Pike.  She would like to have a meeting on this in September to work on language.

              Diane Hardy stated she had tried to set up a meeting with the Board and Town Attorney and Attorney Ratigan gave her two dates, August 23 at 6:00 p.m. or August 24 at the same time.  It was decided to meet on August 24 at 6:00 p.m.  This will be a non-meeting with legal counsel.

Agenda Item #6 – Adjourn

              Action

                            Motion:            Janice Rosa made a motion to adjourn at 7:49 p.m.

                             Second:            Rose-Anne Kwaks

                             Vote:                 All in favor