NOTTINGHAM PLANNING BOARD MINUTES
APRIL 6, 2005
PUBLIC SESSION
APPROVED BY THE BOARD APRIL 20, 2005
PRESENT: ABSENT:
Mr. Dave Smith, Chair
Ms. Mary Bonser, Selectmen Representative
Mr. Bill Booth
Ms. Sandra Jones
Mr. Peter Gylfphe
Mr. Jon Caron
Mr. Scott Curry
OTHERS PRESENT:
Ms. Kelly Tivnan, Planning Board Secretary
The Chair called the meeting to order at 7:06pm.
Mr. Gylfphe made a motion to have Sandra Jones replace Kay Kyle until the next election. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
Mr. Caron noted that the Planning Board had one more open slot. He asked Mr. Booth if he would be interested in the open slot. Mr. Booth said yes.
Mr. Caron made a motion that Bill Booth replace Skip Seaverns until the next town meeting. Mr. Gylfphe seconded that motion. The Board voted unanimously in favor of the motion.
OFFICER ELECTIONS:
Mr. Curry made a motion that Dave Smith continue to serve as Planning Board Chair. Ms. Jones seconded that motion. The Board voted unanimously in favor of the motion.
Ms. Bonser made a motion that Jon Caron be Planning Board Vice-Chair. Mr. Gylfphe seconded that motion. The Board voted unanimously in favor of the motion.
Mr. Smith made a motion that Scott Curry be Planning Board Secretary. Ms. Bonser seconded that motion. The Board voted unanimously in favor of the motion.
PUBLIC HEARING- WHITNEY SCOTT:
The Chair called the public hearing to order at 7:20pm.
OTHERS PRESENT: Whitney Scott, Peter Landry
Mr. Landry explained that they wanted to do something with 10.5 acres on the south side of Garland Road. He said that they were looking at Map 14 Lot 11-1. He said that they were proposing to create 2 lots with 200x200 buildable areas. He said that lots 11-3 and 11-1 already had existing driveways. He said that they would need a driveway permit for lot 11-2. He said that they had spoken to the Fire Chief and had received a letter recommending that they put in a 15,000 gallon cistern. He said that the owner would be willing to put sprinklers in the houses. He said that they would ask the Planning Board for a cistern waiver. He also said that the bounds had not been set. Mr. Smith read the letters from the Fire Department out loud. Mr. Caron noted that the Fire Department requested that
cisterns be required. Mr. Scott said that in the past sprinklers had just been a recommendation. He said that when he had come before the Board on a previous occasion there had not been an expectation by the Board that he would put sprinklers in the houses he built. Ms. Bonser asked if a sprinkler requirement would go on plans now. Mr. Caron said yes. Mr. Gylfphe said that a cistern had been required but the option of sprinklers had been in place at the time that Mr. Scott had previously been before the Board. Mr. Caron said that he would like to review the record on this. Mr. Scott said that he had joined the NFPA and he had written them a letter about this. He said that the Planning Board required cisterns with more gallons of water than the NFPA required. He said that the Planning Board required 6 times more gallons of water in their cisterns than was required by the NFPA. He said that he had gone for a smaller
subdivision because of the requirements. He said that the NFPA had a formula. Mr. Gylfphe said that Nottingham had a small pumper and their cisterns required about 4 minutes worth of water. He said that he had never seen a fire that was put out in 4 minutes. Mr. Landry said that he had looked at the state recommendations and he said that if there were going to be 1-4 houses than sprinklers were recommended, if there were going to be 4-8 than sprinklers or a 15,000 gallon cistern were recommended, and if there were going to be 8 or more houses than sprinklers or a 30,000 gallon cistern were recommended. Ms. Bonser asked if sprinklers had been required on subdivisions of 4 lots. Mr. Gylfphe said yes. Mr. Smith said that there had been a subdivision of 7 lots where they had allowed sprinklers only and the houses were about the same density as this proposed subdivision. Mr. Curry said that he would like to review the minutes from Mr.
Scott's previous Planning Board hearing. Mr. Seaverns said that life safety factors went into the Planning Code and were not part of the Building Department. He said that he thought he remembered the Planning Board having a lengthy discussion over several nights about this topic.
Mr. Caron made a motion that the Planning Board accept the subdivision application of Whitney Scott. Ms. Bonser seconded the motion.
Mr. Curry said that he had some questions about the topography and the septic on the plans. Ms. Bonser asked if there was further potential for development. Mr. Scott said yes. Mr. Smith asked if there was enough upland. Mr. Landry said possibly.
Mr. Curry made a motion to accept the current lots waiver for the topographical area at the rear portion of the lot to be marked based off of the original acceptance of the waiver. Ms. Jones seconded the motion. The Board voted unanimously in favor of the motion.
Mr. Caron made a motion that the Planning Board accept the subdivision application of Whitney Scott. Ms. Bonser seconded the motion. Mr. Caron, Ms. Bonser, Mr. Smith, Mr. Booth, Ms. Jones and Mr. Gylfphe voted in favor of the motion. Mr. Curry abstained from the motion. The motion passed 6-0 with 1 abstention.
Ms. Bonser said that she would like to ask the Fire Chief to talk to the Planning Board.
Mr. Curry made a motion to do a site walk of Mr. Scott's property on April 16, 2005 at 8:00am. Ms. Jones seconded the motion. The Board voted unanimously in favor of the motion.
PUBLIC HEARING- TRACY BLACK; MINOR HOME BUSINESS APPLICATION:
The Chair called the public hearing to order at 8:00pm.
Mr. Smith read the application out loud.
Mr. Caron made a motion to recognize the Rainbow, Sunshine and Clouds Day Care and state that it would not need a permit but would be allowed to operate in Nottingham. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
PUBLIC HEARING- USA SPRINGS:
The Chair called the public hearing to order at 8:05pm.
Mr. Smith read a letter from the applicant asking for a recess. Mr. Curry said that he had asked for the rationale. He said that he had talked to the attorney and been told that the rationale was protected by attorney/client privilege. He also asked if Mr. Seaverns was being deposed. Mr. Seaverns said that there was a process for that. Mr. Curry said that the Planning Board should meet with their attorney. Mr. Seaverns said that the Planning Board attorney should send a letter to the USA Springs attorney noting that their letter had not addressed the date of the next meeting or the extension of their hearing. Mr. Curry asked if the Planning Board had information from their experts. Ms. Copeland said that the Planning Board should have gotten something from Randy Shue. Ms. Charlene
Anderson spoke to the Board and said that they should ask for a Community Impact Study for USA Springs. She said that the Environmental Protection Agency had done a recent study about plastic pellets on the coastline. She said that the impact study should be done because of the proposed building size and because of the public objections to the project. Mr. Curry said that they should set a date for the Planning Board to meet with their attorney. Mr. Smith said that the applicant had offered to put together a packet of information for the new Planning Board members. He suggested that at the next Board workshop they talk to the Fire Chief for half an hour in public and then they meet with their counsel in nonpublic.
Mr. Caron made a motion to recess the USA Springs hearing until May 18, 2005 at 7:30pm with the understanding that this recess was requested by USA Springs and that USA Springs would provide a letter of extension. Ms. Bonser seconded the motion. Mr. Caron, Ms. Bonser, Mr. Smith, Mr. Booth, Ms. Jones and Mr. Gylfphe voted in favor of the motion. Mr. Curry voted against the motion. The motion passed 6-1.
Mr. Caron made a motion that the Planning Board have a workshop meeting on April 13, 2005 at 7:00pm where they would discuss fire protection in public and they would meet with their counsel in nonpublic. Mr. Gylfphe seconded the motion. The Board voted unanimously in favor of the motion.
PROCESS DISCUSSION:
The Chair opened the process discussion at 8:30pm.
Ms. Copeland from the Strafford Regional Planning Commission said that she wanted to discuss Planning Board processes. She said that she wanted to look at how they informed people and how they managed money and documents. She said that she needed some decision points from the Planning Board. She talked about several issues and she showed the Board a copy of the Frequently Asked Questions Online from Newmarket. She said that she thought that would be a good type of document to have available to the public. She said that the Board should have a discussion of different models. She said that the Planning Board should make it clear that a decision may not come on the night of the public hearing. She said that the Planning Board could move forward with a system when they made some decisions. Mr.
Caron said that the Planning Board should have separate applications for design/review and for acceptance/approval. Mr. Gylfphe said that the Planning Board should have more discussion of fees and where the money went. Mr. Caron said that at the first meeting during which the Board saw an application they should review it and determine whether it was complete. He said that they should concentrate on procedure. Mr. Seaverns said that in Farmington it was posted that it would take a minimum time of 90 days for an application to be approved. Mr. Bock asked if there was any enforcement or follow up. Mr. Seaverns said that they should have both. Ms. Bonser asked if they had a contract with the Strafford Regional Planning Commission. Mr. Caron said yes. He said that the contract stated that SRPC would help with review of plans, the Master Plan, and the ordinances. He said that it would be better for Nottingham to get their own
planner as they grew after they got a process they were comfortable with. He said that they would likely use SRPC until the next town meeting.
Ms. Jones made a motion that they have separate applications for separate processes. Mr. Gylfphe seconded the motion.
Mr. Caron said that the processes should be on the application. Mr. Gylfphe said that there should be a category for Other. Mr. Caron said that there should be an application for a home business. Mr. Curry said that he thought there should be applications for major and minor subdivisions. Mr. Seaverns said that they should investigate their options.
Ms. Bonser amended the motion to explore the options of developing separate applications. Ms. Jones seconded the motion. The Board voted unanimously in favor of the motion.
Mr. Gylfphe made a motion to develop an information sheet of Frequently Asked Questions on the subdivision process and see if it would work for them. Ms. Bonser seconded the motion.
Mr. Caron said that they should do the process first.
The Board voted unanimously in favor of the motion.
Mr. Caron made a motion to limit the acceptance of plans to the hours of 9:00am until 12 noon on Monday.
Mr. Smith said that said that they should have a subdivision process sheet. Mr. Curry said that he thought they should have committees. Mr. Seaverns suggested that the whole Planning Board should get together to work on the application for Lot Line Adjustments. Mr. Caron said that the Board should work on the application for Lot Line Adjustments and the process information sheet at their workshop on April 27, 2005 at 7:00pm. Mr. Smith asked when they would notify abutters if they started doing acceptance hearings. Mr. Seaverns said that they would notice the acceptance hearing and say that the date of the public hearing would be determined at that time. Mr. Caron said that they should do 3 notices for major subdivisions. Mr. Gylfphe said that they should put their agendas on Cable television.
Ms. Bonser made a motion that the Board accept the minutes from March 16, 2005 as written. Ms. Jones seconded the motion. The Board voted unanimously in favor of the motion.
Ms. Bonser made a motion that the Board send letters to the applicants informing them of the date that their hearing was recessed to. Mr. Gylfphe seconded that motion. The Board voted unanimously in favor of the motion.
Ms. Jones made a motion that the Board send a letter of apology to the people involved with the Gatchell application because of the misunderstanding. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
Mr. Gylfphe made a motion to adjourn the meeting at 10:00pm. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
Respectfully submitted,
Kelly Tivnan
Planning Board Secretary
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