Town of Newington, NH PLANNING BOARD Meeting Minutes, Monday, August 10, 2015

Call to Order: Chair Denis Hebert called the August 10, 2015 meeting at 6:30 PM. .

Present: Vice-Chair Chris Cross; Bernie Christopher; Mark Phillips; Jim Weiner; Alternate Member, Ken Latchlaw; Interim Planner, Jerry Coogan and Jane Kendall, Recorder

Absent: Jack Pare; Board of Selectmen Rep, Rick Stern; Thomas Morgan, Town Planner

Public Guests: David Choate

1) Public Hearings: Proposal by Great Bay Services for a 2-lot subdivision at 2061 Woodbury Avenue, Tax Map 27, Lot 2

Realtor, David Choate said a year and a half ago they proposed the subdivision for Wilcox Industries, who had a plan under contract, but the plan was dropped and now Great Bay Services had someone else under contract. Mr. Choate said Housing and Urban Development required that they give the residents several months’ notice to relocate from the residential area. He said they were proposing to schedule the transfer after the first half of next year. Mr. Choate referred to Town Planner, Tom Morgan’s August 3, 2015 memorandum that suggested that the Board could approve the proposal with the stipulation that the missing boundary markers be set and the basketball court that would be of no use to the new owner would not be used after closing. Mr. Weiner asked if the basketball court that crossed the property line from Lot 1 to Lot 2 would be considered a structure. Chair Hebert said the Planning Board eliminated driveways as structures a few years earlier. Vice-Chair Cross said he was also concerned that the new owner could put something in the setback. Chair Hebert said the Board also could reconsider whether driveways should be considered structures or not. Planning Consultant, Jerry Coogan said it would be cleanest if the applicant removed it prior to the sale. Mr. Weiner wondered why the applicant wouldn’t want to eliminate the basketball court for a potential construction site anyhow and Mr. Choate said they were not closing the sale until after the first quarter of next year and the residents could use it in the meantime. Mr. Weiner suggested removing it just before construction began and Chair Hebert agreed that the Board make a condition and have it recorded that it be removed before construction began. Board member, Mark. Phillips suggested it should be done prior to acquiring the new building permit and Mr. Coogan pointed out that the Board was getting into the details of the project before they made a motion to accept the project as substantially complete. Chair Hebert said it was old business that he thought was complete and so the Board could make a motion and continue with the conditions.

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Bernie Christopher moved that the plan dated 7/20/15 for the proposal by Great Bay Services for a 2-lot subdivision at 2061 Woodbury Avenue, Tax Map 27, Lot 2 was substantially complete. Chris Cross seconded the motion and all were in favor.

Mr. Coogan noted that Mr. Morgan’s August 3, 2015 memo suggested that the house number and Mylar could be acted on administratively and that the applicant would only need to waive the topographic map. Mr. Choate said Mr. Morgan didn’t think they could get a variance due to lack of frontage so suggested a shared access way to make the lots conforming. He added that the use easement and shrub fencing that was proposed by Wilcox Industries had been eliminated on the plan. Board member, Jim Weiner asked why they were eliminated and Mr. Choate replied that Wilcox was proposing a two-phase purchase of the property, but the new buyer would buy the property in its entirety. He said the previous subdivision had been approved by the Board in 2014, but the Mylar had not been signed because Engineer Jim Verra said the wetlands were not shown on the plan until now, as indicated in the materials provided. Vice-Chair Cross questioned the lot size and setback requirements and discussion ensued. Mr. Coogan said he thought the surveyor didn’t make a correction on the plan and that surveys were not always precise and often gave dimensions as plus or minus. Mr. Coogan said the previous plan had been approved, but it was never recorded and now it was being altered. Mr. Choate said it would not be a problem to table the proposal until he could return with the changes on the plan for the next meeting, but he was hoping to get the waiver from the topographical requirement. Vice-Chair Cross said it was important that the plan meet the ordinance because they could not grant a waiver to non-conforming lots. Chair Hebert said they needed to show 120,000 square feet. Vice-Chair Cross stated that the Great Bay Services sign was not in the confines of the property and he wouldn’t want the sign grand fathered in the use. Mr. Choate said the sign was on State property and the new owner could apply for another permit even if they removed the current sign. Chair Hebert said the sign might be on State property now, but the State was going to turn ownership of Woodbury Avenue over to the Town and they would want them to meet the sign regulations. Mr. Choate replied that he would need to talk further with the buyer on the subject. Vice-Chair Cross suggested moving the sign further back. Mr. Coogan added that the buyer would need to return for site plan review later to address setbacks. Chair Hebert said he would rather deal with the issue immediately rather than risk an applicant claim that certain uses were grandfathered. Mr. Coogan said he could require that the sign be placed in the lot area and meet all regulations as a condition of approval. Chair Hebert expressed concern with the multiple access ways to the property and Mr. Choate said he didn’t think it would be a problem to eliminate one of them if required, but he was only representing Great Bay Services for the subdivision and not the buyer. Mr. Choate asked for confirmation that the house number and Mylar requirements be handled administratively. Chair Hebert asked the Board if they supported the topographic waiver.

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Chris Cross moved to waive the topographic map requirement for the Great Bay Services proposal for a 2-lot subdivision at 2061 Woodbury Avenue, Tax Map 27, Lot until the applicant returned with their final development plan. Bernie Christopher seconded the motion and all were in favor.

Chair Hebert continued the hearing to the next meeting on August 24, 2015.

Minutes: This item was taken out of order from the Agenda posted.

Chris Cross moved to approve the Minutes for the June 23, 2015 meeting. Bernie Christopher seconded, and all were in favor.

Jim Weiner moved to approve the Minutes for the June 29, 2015 meeting. Mark Phillips seconded, and all were in favor.

Chris Cross moved to seal the non-public minutes under RSA 91-A:3 II (a) and (c) of June 29, 2015 indefinitely. Jim Weiner seconded the motion and all were in favor on a roll call vote.

2) Old Business: Chair Hebert said the Board would work on the following work session items as much as they could for the evening and then continue the remainder at the next meeting.

A) Newington Planning Rules of Procedure: Vote to adopt

Chair Hebert said Mr. Morgan had read Mr. Coogan’s proposed changes and he would like Mr. Morgan to work with Mr. Coogan on the proposed document. Mr. Weiner agreed they should wait to vote until Mr. Morgan returned from vacation and could participate in the discussion. Board members continued to make editing suggestions to Mr. Coogan for his document. Alternate Board member, Ken Latchlaw asked that he be reminded at the beginning of a hearing when he was required to vote to meet a quorum and when he would need to refrain from commenting during deliberations when he was not eligible to vote. Mr. Phillips asked if a public hearing could be reopened after it was closed for deliberations to ask questions if clarification was needed, and if anyone in the public could respond. Chair Hebert said the public hearing could be reopened for clarification and anyone could reply in rebuttal. Vice-Chair Cross said he also want the planner to inform the Board if the application was complete and the remaining time as it approached. Chair Hebert said the planner updated the Chair, but he reminded the Board members that they should all consider themselves as Chairs in training in case he was not able to attend a meeting.

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Chair Hebert said he would like Mr. Coogan to continue to work with Mr. Morgan to review and update the ordinances, the land use process and applications forms, improve the website, and work on any projects that Mr. Morgan could not work on. He said in order to follow State rules, they would need to transfer funds into the account to pay for Mr. Coogan’s fees. He said he was asking the Board of Selectmen for more money to keep Mr. Coogan on. Mr. Phillips said they should also consider incorporating fees to make consulting self-sustaining. Chair Hebert added that the Board of Selectmen would be submitting a letter of confirmation that the chair or acting chair of the Board was the Town Planners’ supervisor. He said the residents elected Board members to represent their best interests and he wanted to make board more efficient. Chair Hebert informed the Board that they could make a conditional approval of the Planning Rules of Procedure awaiting Mr. Morgan’s final approval when he returned.

Bernie Christopher moved to adopt Newington Planning Rules of Procedure conditionally awaiting Town Planner, Tom Morgan’s final approval. Mr. Weiner seconded the motion and all were in favor.

B) Technical Review Committee (TRC): Vote to proceed

Mr. Coogan said TRC’s were intended to serve as an aid for applicants and the Planning Board for preliminary review of major site proposals, not for minor subdivisions that were not controversial. Chair Hebert said the Chair and the town planner would determine which proposals would need to go before TRC and the meetings would be conducted during the regular office hours. Mr. Coogan said a Technical Review Committee (TRC) could be considered subcommittees of the Planning Board that would not require a quorum for votes and a public meeting or could consist of technical advising consultants and staff department heads . He said he spoke with the building inspector, fire and police chiefs and they seemed to be willing to work with the committee. Vice-Chair Cross said only the technical advisors that pertained to any given proposal would be required to attend the meetings. Mr. Weiner asked how many meetings a year there would be and Chair Hebert said there could be several months if there were multiple changes and continuations as there were with several challenging applications over the last couple of years. Mr. Coogan said he thought the economy was improving and there might be more development proposal coming before the Board. He said it might be in everyone’s best interest to bring conceptual sketches before the Board and talk with abutters and even Town counsel in the early stages to get responses before beginning design and engineering work for the TRC. Chair Hebert said some applicants’ attorneys try to bypass the preliminary review process and go straight to the Zoning Board of Adjustment (ZBA) for variances before the whole proposal was presented, and although

- 4 - Town of Newington, NH PLANNING BOARD Meeting Minutes, Monday, August 10, 2015 it made some sense for the ZBA to look at proposals with fresh eyes, they did not always hear the entire scenario. Mr. Coogan ask Board members, Mr. Christopher and Mr. Phillips who were developers to share their experiences with other Boards. Mr. Christopher said he usually worked in Massachusetts and met with neighbors and TRC’s so that everyone had an opportunity to ask questions and work together before approvals. Mr. Phillips said he usually met with planners first and then had a preliminary meeting with planning boards to get feedback before drawing up a plan before TRC reviewed all the requirements. Mr. Weiner asked if minutes would be taken and Chair Hebert said there was no budget for recording minutes at this time, but they could consider doing so in the future. Mr. Coogan said the planner could take informal notes that would be made available to board. Mr. Phillips said a list of fees should be made available to applicants so they are aware of costs. Chair Hebert said he didn’t think applicants could be charged a fee until they applied to go before the Planning Board. Mr. Coogan added that a conceptual meeting didn’t require notifying abutters or posting a legal notice, but a design review would trigger a public hearing, which would trigger an applications and fees. Chair Hebert said there would be no charge for an informal session, but if an applicant went before the TRC and an interim consultant was required, the meter started running. Chair Hebert said he would like a couple of Planning Board members to serve as a subcommittee of the Board in the beginning to see how it would work. He said Mr. Morgan worked as a consultant with Seabrook’s TRC, but no minutes had been posted to review their discussions so he wanted Mr. Coogan present because he had worked on TRC’s with other towns. Mr. Phillips and Mr. Weiner said they would attend one of the preliminary TRC meetings. Vice-Chair Cross said everyone should attend at least one meeting

Jim Weiner moved to conditionally adopt the implementation of a Technical Review Committee (TRC) that would be outlined by the planners. Bernie Christopher Vice-Chair Cross seconded the motion and all were in favor.

3) Land Use Regulation Discussions:

A) Discussion of Coogan Memo on proposed changes to NZO

Mr. Coogan referred to his comments in his July 28, 2015 Memorandum #3 regarding Zoning Ordinance updates. He said the Ordinances were working fine conceptually, but the document and RSA references needed some updating. Mr. Coogan said many Zoning Ordinances list permitted uses by right, but Newington’s Ordinance and anything else would go before the ZBA for a Special Exception, such as a request for home occupation by Special Exception, but Newington’s ordinance also requires a Special Exception for roads crossing wetlands instead of requesting a Conditional Use Permit though the Planning Board. He went on

- 5 - Town of Newington, NH PLANNING BOARD Meeting Minutes, Monday, August 10, 2015 to say that Special Exceptions were typically uses that were not listed on permitted use. Mr. Phillips agreed that it didn’t make sense to require a Special Exception for wetlands crossing through the ZBA because granting requirement meeting specified criteria, which did not apply to wetlands crossings. Chair Hebert added that the purpose of the ZBA was also to give relief for hardships or appeal errors by other Boards. Mr. Weiner said it would be a courtesy to include other boards in decisions that affected them. Mr. Coogan said he sent a memo to the ZBA chair for further discussion. The Board and Mr. Coogan reviewed the recommended changes. Mr. Coogan said changes to the Ordinance would require a public hearing in December or January to make a recommendation for the March Town Meeting vote. He said there were 15 to 20 amendments that could be taken as a group. Mr. Weiner suggested further explanation to assist voters in understanding the changes. Mr. Coogan said an amendment was usually presented with a short explanation. Mr. Coogan suggested that Board members review Planning Boards for New Hampshire on the www.nh.gov/oep website. Chair Hebert said yearly planning workshops were also helpful.

B) Discussion pertaining to Two-family dwellings (aka Duplexes) and condominium development

Mr. Coogan opened discussions on clarification of ordinance where Section 1 states that two-family dwellings were allowed, but the statement conflicted with the last sentence that emphasized over development of lots. Chair Hebert said the last condominium application worked, but the acreage or uplands were not increased and there were no checks and balances. He said currently double density was permitted on the same land dimensions. Mr. Weiner said the intent of requiring 2-acres lot was to control growth and duplexes and condexes break that intent. Mr. Coogan noted that some towns increased the uplands or doubled the acreage requirements. Mr. Phillips suggested approval of two-family dwellings be subject to Planning Board review. Chair Hebert said residents loved the existing character of the town and many were expressing a dislike for duplexes and so the Board should consider accessory apartments. Mr. Coogan said they could expand the acreage or uplands area requirements, but they could not do away with duplexes. Mr. Weiner said applicants could claim prejudice without requirements in place. He suggested that Town counsel be present at the next discussion. Mr. Coogan said he had been sending Attorney John Ratigan his memos. Mr. Christopher said there was no need to reinvent the wheel and they could just double acreage and uplands for dual residents. Mr. Weiner said he would be in favor of increasing acreage instead of uplands because of debates on wetland definitions. Chair Hebert said they should also think about how to provide Affordable Work Force Housing as pre-empted by the State and consider that accessory apartments as meeting the requirement instead of duplexes that could be turned into condominiums,

- 6 - Town of Newington, NH PLANNING BOARD Meeting Minutes, Monday, August 10, 2015 considering that there was limited affordable upland lots available for lower income buyers. Mr. Phillips asked what the Town of New Castle was doing in regards to Work Force Housing. Chair Hebert said they probably wouldn’t do anything because of the high cost of properties as well. Chair Hebert noted that someone could propose Work Force Housing hooked up to Town septic on Patterson Lane or the Board could also consider creating 55+ or workforce housing above the enclosed mall area that could eventually become extinct due to economic and consumer changes. Chair Hebert recommended that the Board make duplexes and housing a priority. Mr. Coogan said once the Board posted the proposed Ordinance changes it would become effective assuming it would pass.

C) Pertaining to driveways crossing wetlands buffers.

This item was continued to the next meeting.

4) Planning Initiatives:

A) Woodbury Avenue and Corridor Streetscape Design when appropriate Vote to recommend to the Board of Selectmen

This item was continued to the next meeting.

B) Discussion of proposed zoning district for electrical generating plants

This item was continued to the next meeting.

Additional Discussions:

Chair Hebert said there had been a question regarding a lack of bond payment for the Dennett Farm development, which was a condition of approval. He said Town counsel, Attorney John Ratigan issued an opinion that the applicant could not register or sell the lots until the bond had been posted. He said he was concerned that there could be repercussions as a result of not obtaining a bond prior to construction. Mr. Phillips said the City of Dover based their bond requirements on the area of disturbance, which could be returned at the end of a project.

Adjournment: Bernie Christopher motioned to adjourn, and Mark Phillips seconded. All were in favor and meeting adjourned at 9:25 pm

Next Meeting: Monday, August 24, 2015

Respectfully Submitted by: Jane K. Kendall, Recording Secretary

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