Minutes
NEWMARKET PLANNING BOARD MEETING
JULY 11, 2018
MINUTES
Present: Eric Botterman (Chairman), Val Shelton (Vice Chairman), Diane Hardy (Town Planner), Janice Rosa, Jamie Bruton, Sarah Finch, Michal Zahorik (Alternate), Bill Doucet (Alternate), Daniel Lewis (Alternate), Gretchen Kast (Town Council ex officio)
Absent: Jane Ford, Dale Pike (Town Council ex officio Alternate)
Called to order: 7:00 p.m.
Agenda Item #1- Pledge of Allegiance
Agenda Item #2 - Public Comments
None.
Agenda Item #3 - Review & Approval of Minutes: 06/12/18
Action
Motion: Val Shelton made a motion to approve the minutes of 06/12/18
Second: Gretchen Kast
Val Shelton stated on page 2, line 40, Janice Rosa had stated in her motion to accept the “application as substantially complete”.
Vote: Jamie Bruton & Gretchen Kast abstained due to absence
All others in favor
Agenda Item #4 - Regular Business
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.
Christopher Berry, Berry Surveying & Engineering, represented the applicant. Mr. Berry explained he had broken one of his own rules about letting clients put together their own applications and represent themselves at meetings. The applicant is away at this time. Mr. Berry stated he and the Planner were able to resolve the issues with this application over the phone this afternoon. There had been an issue with the parking lot. Many lots, like this one, were subdivided in the early part of the century. There a portion of Elm Court running behind that has not been utilized for a while and the Town has not maintained it for a while. It is closed off on one end and considered a Class VI road. The abutting landowners who have rights to use that area continue to have those rights. The plan that Mr. Brandt had submitted did not have those types of technical issues on it. They have since put together a more detailed plan and added to that the comments from the Town Planner. The plans have gone to the Town’s legal counsel and he made a few recommendations that have been added. They are not proposing any abutters’ rights to the Class VI road be blocked. He stated he met briefly with the abutter, who had two concerns. One concern was the standard of living. Mr. Berry stated, when the condo conversion is done, there will be improvements to the site. Since the units would be owned, some of the “nonsense” the abutter had been putting up with would be reduced. His other concern had to do with parking. Right now, some of the tenants feel they can park wherever they like, as well as their guests. The Town Planner has suggested the condo documents say where it is acceptable to park, as well as where it is not acceptable. They accept the Planner’s comments and will make any changes to the plan required.
Bill Doucet asked who would maintain the Class VI road. Mr. Berry stated the applicant would. Bill Doucet asked if the Town was okay with that. Diane Hardy stated they have been maintain that right along. There was some history on this and that was a condition of approval. The parking lot really doesn’t work without it. Bill Doucet asked Mr. Berry if his client understood the liability of maintaining a public way. Mr. Berry stated he was not happy about it. He has purchased a piece of property that came with that restriction. His pushback is he understands the liability of that. He has been doing that right along, so he will continue to do that. Val Shelton stated she assumed this would be brought over in the condo docs. Diane Hardy stated it would be carried forward into the condo docs. It was her understanding it was just for snow removal and not full maintenance of the road. It is really just another sweep of the plow and not a burden to the former owner, as he explained it to her.
Eric Botterman opened the public hearing.
No comments.
Eric Botterman closed the public hearing.
Action
Motion: Val Shelton made a motion to approve the application by Brandt Development of NH, LLC, for subdivision, at 10-20 Spring Street, Tax Map U2, Lot 71, M2 Zone, to convert the six existing apartment units into condominiums subject to the conditions and terms as outlined in the revision dated July 10, 2018, to the Town Planner’s memo dated May 8, 2018
Second: Jamie Bruton
Vote: All in favor
Eric Dewitt – Continuation of a public hearing for an application for site plan review, at 81 Exeter Road, Tax Map U3, Lot 137, B1 Zone. The proposal is to remove the existing buildings and driveways and build a 2,920 sq. ft., two-story, mixed use building, with associated parking, lighting, and drainage.
The applicant requested a continuance.
Action
Motion: Val Shelton made a motion to continue to the August 14, 2018 meeting
Second: Janice Rosa
Vote: All in favor
Eric Botterman stated they also wanted to set up a TRC meeting for this application. The date of July 18, 2018, at 9:00 a.m. was chosen.
Maplewood & Vaughn Holding Co, LLC – Continuation of a public hearing for an application for site plan, requested by Maplewood & Vaughn Holding Co, LLC, at 175 Exeter Road, Tax Map R3, Lot 6, B2 Zone. The proposal is for a 22,000 sq. ft. industrial building with municipal water & sewer.
Rob Graham represented the applicant. He stated they had another TRC meeting and they were able to address Underwood’s comments. They received Underwood’s sign off today. The plan has not changed. They need to address the waiver of setbacks. They are prepared to show a 3D drive through of the area. They only have a couple of minor issues to address from the Town Planner’s staff recommendations. Mr. Graham gave a brief overview of the project for the benefit of newer Planning Board members.
Michael Keane, an architect in Newmarket, stated he has updated the animation they had done a couple of years ago. He played an animation where you could see the new industrial buildings as if you were driving on Route 108 and Forbes Road.
Mr. Graham stated the landscaping is unchanged from what he had worked out previously with Rose-Anne Kwaks.
Val Shelton asked about a cut-in on Forbes Road that was showing on the animation. It looked like you could pull off of the road into it. Mr. Keane stated there was no pull off area, it was just the way the topo came out on the animation.
Eric Botterman opened the public hearing.
No comments.
Eric Botterman closed the public hearing.
Rob Graham stated they are asking for two waivers. One is for a setback for parking and the other for the scale of their plans.
Action
Motion: Val Shelton made a motion to grant the Maplewood & Vaughn Holding Co LLC waiver request for R3 6 from our site plan regulations Section 3.02 Parking to reduce the parking area setback from 30’ to 10’ and to also grant the waiver to allow the plan scale to be 1”=30’ vs. 1”=20’
Second: Janice Rosa
Vote: All in favor
Mr. Graham stated they would like to work together on inspections.
A) 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.
B) 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 throughout construction.
C) Impact and water and sewer connections fees for the project (calculated in accordance with Town Regulations) shall be paid to the Town of Newmarket prior to the issuance of any certificates of occupancy. Projected flow data for water and sewer systems shall be updated once a tenant for the industrial building is identified for review by the Town’s engineering consultant, prior to the issuance of any building permits, which will be used as the basis for the water and wastewater impact fees.
D) Evidence that all relevant and updated 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 to the Town prior to plan signing. (NH DES Alteration of Terrain and NH DOT Highway Access Permits)
E) The following note shall be placed on the Site Plan (C-3). No mechanical equipment on or in the building including electrical, plumbing, heating ventilation, 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 to the maximum extent practical.
1) The Applicant’s engineer shall provide a final sewer design for review by the Town’s consulting engineer and the Town prior to the application for building permit for the building on Lot 6. The final design shall be reviewed and approved by the Town’s engineering consultant and the Town’s Water and Sewer Superintendent, prior to the issuance of the building permit. The Applicant shall paid in advance for the cost of the engineering review of The final design shall:
- Provide TV inspection and test pits to verify condition, location and depth of the existing sewer service as noted on the preliminary sewer design.
- Reflect the intent of the revised sewer utility plan which proposes a 2” diameter force main to meet NH DES flushing velocity requirements. The plan details and profile shall be updated and coordinated during the Final Design phase.
- The applicant’s engineer shall provide data input to the PTAPP Database, prior to plan signing, as set forth as item 20 in the review letter of Underwood Engineers, dated June 25, 2018, subject to review and approval of Underwood Engineers.
G) The Applicant’s engineer shall provide a cost estimate and performance guarantee for the on-site cost of reclaiming and re-establishing the stability of the slopes adjacent to the proposed building construction in the “Estimated Construction Timeline and Phasing Plan” (PH1 and PH2), dated June 13, 2018 and for the construction of off-site improvements associated with the Route 108 intersection work.” This estimate will be reviewed by the Town’s consulting engineer, who shall set the performance guarantee amounts to assure timely and proper construction and site reclamation. The performance guarantee may also include the costs of improvements for potential damage to town roads and facilities caused by the transportation of earth materials.
Phases 1, 2, and 3 as shown on the “Estimated Construction Timeline and Phasing Plan (PH1), dated 6/13/2018 shall be completed by July 1, 2019. Phases 5, 6, and 7 as shown on the “Estimated Construction Timeline and Phasing Plan (PH2), dated 6/13/2018 shall be completed by November 1, 2019. Completion of Phases 5, 6 and 7, or construction of off-site improvements associated with the Route 108 intersection work, shall be deemed active and substantial development or building as provided by RSA 674:39. The purpose of this guarantee is to cover any contingencies that might affect the public welfare such as site opening, erosion control, the restoration and re-vegetation of the site, and the completion of required off-site improvements. This performance guarantee shall be posted prior to the execution and recording of the Plan. The performance guarantee shall be in the form of a self-executing Letter of Credit or performance bond document acceptable to the Town’s legal counsel. These monies will not be released until the date of completion of site construction under Phases 5, 6, 7, and 8.
The Town reserves the right to require a 10% maintenance bond, after the date of completion of site and permanent erosion and sedimentation facilities and enhanced landscaping and plantings to assure that re-establishment of vegetation on site occurs in accordance with the approved plans, and this decision in the judgement of the Town’s Engineer.
H) For purposes of vesting as provided by RSA 674:39, the site plan approval shall be deemed to be exempt from any subsequent changes in subdivision and site plan review regulations, impact fee and zoning ordinances of the Town for a period of five (5) years
after the date of approval provided “active and substantial development or building” has occurred within 24 months of the date of this approval. The Planning Board has defined “active and substantial development or building” as being substantial excavation, as set forth as Phase 5, 6 and 7 on the plan titled “Estimate Construction Timeline and Phasing Plan, PH2 dated 6/13/2018, or completion of the Route 108 intersection work. Permanent vesting, beyond five (5) years, shall occur upon “substantial completion of the building and site improvements”, as shown on the approved site plans.”
Rob Graham stated they would get a final figure for the bond. They would like to do the intersection work and have that be active and substantial for vesting. They would start off with one phase and the intersection work would be one project. They may not get to the other phases for a while, but they will do the intersection as soon as they can. This would be the first work. They would expect that would vest the project. Val Shelton stated this does not address their original issues with the stabilization of the slope. Rob Graham stated, if they do nothing on a lot, there is not stabilization. Val Shelton stated if they got vested for the intersection and started on another area, they may not complete that area for 24 months. Rob Graham stated that was governed by the elevation of terrain. If they quit work for two weeks on it, it has to be stabilized. They may not touch it for six months. The intersection is substantial work for this approval. Eric Botterman stated it makes sense. Diane Hardy stated the performance bond would be in place. Rob Graham stated this would all be bonded for that restabilization.
Rob Graham stated they are moving pretty aggressively through phases and there may be a point where they start Phase 5, but are not done with Phase 3 from an elevation standpoint. Diane Hardy was fine with “either or” under H, because they have a performance bond that assures the excavation will be stabilized in accordance with the plan. There is leverage to make sure that gets done.
Language was added to draft condition H, for the intersection completion work and vesting (final language shown above).
Action
Motion: Val Shelton made a motion to approve the Maplewood & Vaughn Holding Company LLC application for site plan at 175 Exeter Road Tax Map R3 Lot 6 B2 Zone to construct a 22,000 sq. ft. industrial building with municipal water and sewer subject to the conditions of approval as outlined in the Town Planner’s memo to the Planning Board dated 07/10/18 as amended under section 8 to include the following language after the Phase 5, 6 and 7 on the plan PH 2 which is a change dated 06/13/18 adding the language “or completion of the Route 108 intersection work”
Second: Gretchen Kast
Vote: All in favor
Agenda Item #5 - New/Old Business
Chairman's Report
Eric Botterman stated there will be a ceremony at Schoppmeyer Park for a dedication on 07/28/18 at 10:30 a.m. The Board has been invited to attend.
Planner's Report
Diane Hardy stated there will be a future application for Bennett Way for a project approved back in 2006 having to do with the reconstruction of a 24 unit apartment building. It was approved, but never acted upon due to changes in the economy and has been on hold. It is vested and part of that was a requirement that the applicant remove the existing building, which they did. The site has been vacant. They have to revise their plan for the State Alteration of Terrain.
Gretchen Kast asked about the joint meeting with Town Council. Diane Hardy stated it will be at the Town Council meeting on 09/19/18.
Agenda Item #6 - Adjourn
Action
Motion: Janice Rosa made a motion to adjourn
Second: Val Shelton
Vote: All in favor