Minutes

NEWMARKET PLANNING BOARD MEETING

MARCH 20, 2018

MINUTES

Present:             Janice Rosa, Michal Zahorik (Alternate), Gretchen Kast (Town Council ex officio Alternate), Sarah Finch, Jamie Bruton, Bill Doucet (Alternate), Daniel Lewis (Alternate), Diane Hardy (Town Planner)

Absent:              Eric Botterman (Chairman), Val Shelton (Vice Chairman), Amy Burns (Town Council ex officio) and Jane Ford all excused

Called to order:             7:00 p.m.

Adjourned:                     7:47 p.m.

Agenda Item #1 – Pledge of Allegiance

              After the Pledge of Allegiance, Janice Rosa, who was selected as Acting Chair for this meeting, introduced the new Board members, Jamie Bruton and Sarah Finch, who are both full Board members, and Daniel Lewis and Bill Doucet, who are both new Alternate members.  She thanked Peter Nelson and Rose-Anne Kwaks for their many years of service as Board members.  They were both very beneficial to the Board.  She stated Gretchen Kast would be filling in for Amy Burns.

              She appointed Michal Zahorik, Daniel Lewis and Bill Doucet to fill in for Eric Botterman, Val Shelton and Jane Ford. 

Agenda Item #2 – Public Comments

              None.

              Janice Rosa stated there have been some changes to the agenda and she wanted to let the audience know, in case they were waiting for one of those applications to be addressed. 

Rockingham Ballroom Too LLC/Next Level Church – Continuation of a public hearing for an application for site plan,  at 22 Ash Swamp Road, Tax Map R3, Lot 20 and 7 Ash Swamp Road, Tax Map R3, Lot 15, B1 Zone, and Newfields Tax Map 202, Lot 26.  The proposal is to change the use of the property from a ballroom/function hall to a church, which falls under “civic use” and “place of assembly”, permitted uses in the B1 zone.

              Janice Rosa stated the application for the Rockingham Ballroom, Too/Next Level Church has been withdrawn permanently. 

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. 

Janice Rosa stated the application from Alex Capron and Kathleen West for an impact fee waiver has been withdrawn.  The impact fee had been paid.

Brandt Development Co. of NH, LLC – Continuation of a public hearing for an application for subdivision, at 10-20 Spring Street, Tax Map U2, Lot 71, M2 Zone.  The proposal is to convert the six existing apartment units into condominiums.   

Janice Rosa stated Brandt Development has requested a continuance to May 8, 2018.

              Action

Motion:             Bill Doucet made a motion to continue the application for Brandt Development to the May 8, 2018 meeting

                            Second:             Gretchen Kast

                             Vote:                  All in favor

Maplewood and Vaughn Holding Co., LLC – Continuation of a public hearing for an application for site plan 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.   

              Janice Rosa stated this applicant has requested a continuance to the April meeting.  This was continued at the last meeting, as there were questions regarding the sewer design, construction phasing, stabilization of the site, stormwater management and vesting.  The Technical Review Committee (TRC) has met and these issues have been addressed.  This will be on the agenda for a conditional approval at the next meeting.

              Action

Motion:             Gretchen Kast made a motion to continue the Maplewood & Vaughn Holding Co, LLC, application to the April 10, 2018 meeting

                            Second:             Bill Doucet

                             Vote:                  All in favor

Zion Hill, LLC – Public hearing for site plan, at 5 Granite Street, Tax Map U2, Lot 5, M2 Zone.  The proposal is for a change of use within the M2 Zone, to utilize the second floor of the Stone Church, currently used for storage, as a multi-function room.

              Janice Rosa stated the applicant has requested this application be continued to the April meeting.

              Action

Motion:             Bill Doucet made a motion to continue the Zion Hill, LLC, application to the April 10, 2018 meeting

                             Second:             Sarah Finch

                             Vote:                  All in favor

Agenda Item #3 – Review & approval of minutes:   02/13/18

              This item will be taken up at the April 10, 2018 meeting.  The four new members would be abstaining due to not being members at the time.  The Board will wait until April when they have a quorum of people, who were present at the February meeting, to vote.

Agenda Item #4 – Regular Business

D. R. Lemieux – Merger of Lot Lines, Grape Street, Tax Map U2, Lots 206 & 206-1.

Diane Hardy explained the lot merger process.  This was one of the Planning Board’s conditions of approval for the four unit townhouse development.  She recommended the Planning Board Chairman be authorized to sign the merger.

Action

Motion:             Gretchen Kast made a motion to allow Janice Rosa to sign the Notice of Merger

              Second:             Daniel Lewis

              Vote:                  Bill Doucet recused

                                           All in favor

Public hearing to amend Chapter 32 Zoning of the Municipal Code of the Town of Newmarket, New Hampshire, in accordance with RSA 675:2, RSA 675:6, and RSA 675:7. The purpose of this amendment is to add a new section to Section 238. Impact Fees, Paragraph F titled “Waivers” to provide the option to the Planning Board to waive impact fees for a proposed Accessory Dwelling Unit which does not increase the total number of bedrooms on the property.

Diane Hardy stated the Town charges impact fees for new development.  These are allowed under State law to provide financial opportunity to allow for the expansion of municipal facilities in order to accommodate growth.  These have been in effect since 2001.  Over the years, the Town has collected quite a bit of revenue in four categories to provide expansion of Town facilities that includes schools, recreation, and the water and sewer systems.  There is a section, in the current ordinance that provides for waivers. 

Recently, the Planning Board made some modifications to the accessory dwelling unit (ADU) ordinance.  This was in response to changes at the State level.  The State Legislature passed a law, which went into effect last June, stating municipalities have to provide an opportunity to allow for accessory apartments in the residential zones.  These are small units that can be used as an in-law apartment or a young family member, for example.  There is a provision where the Town will allow accessory apartments by Special Exception granted by the Zoning Board of Adjustment (ZBA).  There are several conditions that must be met, before the ZBA can grant it.  Over the years, the Planning Board has waived impact fees for accessory apartments, because they did not feel that they created demand for municipal services, like a four bedroom, single-family home or multi-family housing would.  Ms. Hardy explained that there may have been one instance, in her 11 year tenure here, where a request for a waiver for an accessory dwelling unit was not approved.  Recently, the question came up, because of the new State law, of whether the Board can restrict property owners from having school-age children in the ADUs and use that as a basis for waiving impact fee.  The Board did get a legal opinion from the Town Attorney and, the answer is no, you cannot do that.  You cannot provide waivers on the basis of whether people have school-age children and you cannot discriminate on the basis of age.  For example, you cannot waive school fees, because the person who will be living in the accessory dwelling unit is over 55 and will not be having more children. 

However, the Town Attorney stated the Board cannot base waivers on age or the number of children.  He stated they could base it on whether bedrooms that are added to the unit because bedrooms are what drives the demand for additional municipal services and facilities.

The Board, then discussed how to structure language in the waiver section to allow an opportunity for an impact fee waiver, when there is not going to be an increase in the number of bedrooms in the structure resulting from the ADU. Val Shelton drafted some language for consideration, which is before the Board this evening for the public hearing. 

She stated the proposed language is to add a new section to the waiver section of the impact fee ordinance and indicate that the Planning Board may waive impact fees when it finds that a proposed dwelling unit meets the following criteria.  The first is it is being created from an existing living area and the second condition is that it will not increase the number of bedrooms on the property.  A proposed studio apartment being considered as a one bedroom is clarified.  The Town Attorney felt we were on solid legal ground, if the Board approached the waiver in this fashion.  At a waiver hearing, the Board would have documentation presented to them, by the applicant, to show the existing living space and the future building plans that show the existing space will be utilized for the apartment, indicating that the number of bedrooms would not be increased. 

Janice Rosa opened the public hearing.

No comments.

Janice Rosa closed the public hearing.

Janice Rosa asked the Board if they were ready to forward this to the Town Council or if they wished to have further consideration at the April meeting.

Bill Doucet asked if the unit would be in an owner-occupied dwelling.  Diane Hardy stated, by definition and under the criteria by which they are allowed, one of the units has to be an owner occupied unit. 

Daniel Lewis asked what happens if someone says it will be a one bedroom, with an office, and then they change that office to a second bedroom.  Diane Hardy stated it has to be based on what is shown on the assessment card.  They are mindful that, in some homes, the second bedroom is an office.  There has been all kinds of discussion on how to discern between and office and a bedroom, such as if it has a closet then it is a bedroom, if not it is an office.  The Board wanted to keep it as simple as possible and looks at it in terms of whether it is being expanded in existing space and whether it is adding to the number of bedrooms, to be evaluated on a case-by-case basis.

Bill Doucet asked whether the members who were not present this evening might want to speak on this amendment.  Diane Hardy stated Val Shelton proposed the language.  They had polled the Board members at the last meeting and asked for comments and Val Shelton was the only one who came forward with something substantive.  Eric Botterman was present at that meeting as was Jane Ford, who was in favor of the change.  She felt the majority of the Board members was supportive of this.  The new members, however, may want more time to study it before weighing in.

Action

Motion:             Bill Doucet made a motion that the Board forward this to Town Council for review and consideration

              Second:             Daniel Lewis

              Vote:                  All in favor

Janice Rosa stated this was good, as the Board had worked on this for a very long time, for several months. 

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.

              Diane Hardy stated this application may be a candidate for a waiver under the amendment that was just discussed on waivers.  The zoning change has to go to Town Council for approval.  The Planning Board can only recommend the changes. It may be a couple more months before the applicant can come back for the Planning Board’s consideration and a vote on whether to grant the waiver.

              Action

Motion:             Gretchen Kast made a motion to continue the request for a waiver of impact fees from Jonathan & Caitlin Smith to the April 10, 2018 meeting

Second:             Sarah Finch

Vote:                  All in favor

Agenda Item #5

              New/Old Business

                             Spring Conference

              Janice Rosa stated an email was sent out regarding the Planning & Zoning Conference this spring.  The Town will reimburse members for registration and travel to attend.  This is a very good program for new members and a good refresher for long time members.  Diane Hardy went over the topics being covered.

                            Stormwater

Diane Hardy stated they had a good workshop on the stormwater regulations in February.  After talking to Val Shelton, they thought it would be best to refer this back to the subcommittee to do some fine-tuning.  There is interest from the development community to attend the work sessions to provide input.  She spoke with Eric Chinburg and his engineer, and they agreed to provide some input.  It might be helpful to get their perspective.

Two of the Planning Board members, who were on the committee are no longer on the Board.  Gretchen Kast is on the committee and her status will be pending the Town Council appointments at their organizational meeting next week.  She asked if anyone is interested, they will be looking for volunteers from the Board.  They will talk about it at the next meeting. 

                            Organizational Meeting

              Janice Rosa stated the organizational meeting will be held at the April meeting.

                            Other Business

              Janice Rosa thanked the Alternates and stated how important they are in the Planning Board’s process.

Diane Hardy stated she knew the new members had just received an enormous amount of regulations and material and she wanted everyone to know she would be happy to sit down and go over any topic with anyone who would like to do so and give an overview of what the Planning Board does and the processes involved. 

Agenda Item #6

                            Adjourn

              Action

Motion:             Sarah Finch made a motion to adjourn at 7:47 p.m.

Second:             Gretchen Kast

Vote:    All in favor