NOTTINGHAM PLANNING BOARD MINUTES
MAY 4, 2005
PUBLIC SESSION
APPROVED BY THE BOARD JUNE 1, 2005
PRESENT: ABSENT:
Mr. Dave Smith, Chair Mr. Peter Gylfphe
Ms. Mary Bonser, Selectmen Representative
Ms. Sandra Jones
Mr. Jon Caron
Mr. Bill Booth
Mr. Scott Curry
Mr. Peter Bock, Alternate
OTHERS PRESENT:
Ms. Kelly Tivnan, Planning Board Secretary
The Chair called the meeting to order at 7:07pm.
APPROVAL OF MINUTES:
Mr. Curry made a motion to approve the Planning Board minutes from April 13, 2005. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
ANDERSEN MINOR HOME BUSINESS APPLICATION:
ALSO PRESENT: Ms. Charlene Andersen
The Chair opened the discussion on the Andersen Minor Home Business application at 7:15pm.
Mr. Caron said that as an abutter he was going to recuse himself from the discussion and the vote.
Ms. Andersen said that her home business would not result in an increase of traffic. Mr. Smith asked if there were future plans to put up a sign. Ms. Andersen said no. Mr. Smith said that if Ms. Andersen decided to put up a sign or to add employees other than herself she would need to come back in front of the Planning Board.
Ms. Jones made a motion to accept the minor home business application of Charlene Andersen and allow the Kamigo company to operate. Mr. Curry seconded the motion. Ms. Jones, Mr. Curry, Mr. Smith, Ms. Bonser, and Mr. Booth voted in favor of the motion. Mr. Caron abstained from the motion. The motion passed 5-0 with 1 abstention.
GORDON SUBDIVISION APPLICATION:
ALSO PRESENT: Mr. Tim Lavelle, Mr. Bruce Cook, Mr. Tom Sweeney
The Chair opened the public hearing on the Gordan subdivision application at 7:20pm.
Mr. Lavelle said that he was representing the applicant. He said that the piece of land involved was 7.02 acres on Lucas Pond Road. He said that the applicant wanted to cut off 2.92 acres for 1 lot and they wanted to leave the existing house on the remaining 4.21 acres. He said that the locations of the proposed dwellings, driveways and cisterns were shown on the plans. He said that the they had state subdivision approval. He also said that each lot would have its own well and driveway. Mr. Curry asked if there were 60,000 square feet of upland. Mr. Lavelle said yes. He said that there was also some upland in the back of the lot. He said that the land was flat and mostly group 6. Mr. Smith asked where the power lines were located. Mr. Lavelle said that they were on Route 152. Mr. Smith asked if that area had been recently logged. Mr. Lavelle said yes. Mr. Caron said that a legend needed to be added to the plan. Mr. Lavelle said that the front drill hole had been set.
Mr. Caron said that a survey disk or a granite bound would need to be used to mark the spot. Mr. Lavelle said that he would put in a survey disk. Mr. Smith asked if the applicant had talked to the Fire Chief. Mr. Lavelle said no. Mr. Curry said that the applicant would need to get a letter from the Fire Chief regarding fire protection. Mr. Smith asked whether the width of the road was 50 feet. Mr. Lavelle said that the width of the road varied. Mr. Caron said that the regulations required a dedication to the town of 50 feet for the driveway. He said that the plan needed to show the distance across the road at the most narrow point. Mr. Curry said that the applicant also needed to go to the Selectmen's Office to get 911 numbers. Mr. Cook said that he lived at 15 Lucas Pond Road. Mr. Sweeney said that the wall was loose and the drill holes were not acceptable. Mr. Lavelle said that he would set the bounds
if possible. Mr. Smith said that the Planning Board preferred granite bounds with offsets. Mr. Caron said that the Planning Board would definitely prefer granite bounds on the corners. Mr. Cook asked if the proposed lot conformed with the requirements. Ms. Jones said that it seemed to. She said that it had the required frontage, acreage and upland. Mr. Caron said that the plan needed a wetland stamp on both pages. He said that the lettering on page 2 also needed to be cleaned up. He asked if the cemetery was a family cemetery. Mr. Lavelle said that at one point it had been a family cemetery. Mr. Cook said that the cemetery was on his property. Mr. Caron said that the property owners needed to check the deeds to see which property included the cemetery. He said that there needed to be right of way access to the cemetery on the plan. Ms. Jones noted that the location of the cemetery did not affect what was
being done with this application. Ms. Bonser said that it would be necessary to do new deeds with the new lots. Mr. Lavelle said that he would show the abutters well on the plan. Mr. Sweeney said that he would like to know the distance from the leech field to the wetland. Mr. Lavelle noted that information was shown on the plan. Mr. Smith asked the Board members if they wanted to do a site walk of the property. Mr. Caron said yes. Mr. Curry asked if there were boundary disputes. Mr. Cook said there were not any except regarding the cemetery and he said that was historic ground. Mr. Caron said that the cemetery was probably catalogued at the historical society. Mr. Cook said that land development was a fact. He said that he wanted to see things in Nottingham stay intact as much as possible. He said that he was a concerned citizen. Mr. Curry said that the Planning Board was trying to control growth with
their Interim Growth Management Ordinance. Mr. Cook said that he did not have any problem with the Gordan application. Mr. Smith suggested that the site walk could be held on May 14, 2005 at 8:00am.
Mr. Curry made a motion that the site walk of the property referenced in the Gordan application be held on May 14, 2005 at 8:00am. Ms. Jones seconded the motion. The Board voted unanimously in favor of the motion.
Mr. Curry made a motion to recess the Gordan subdivision application to June 1, 2005 at 7:30pm. Mr. Booth seconded that motion. The Board voted unanimously in favor of the motion.
BLUE FIN SUBDIVISION APPLICATION:
ALSO PRESENT: Mr. Richard Ladd
The Chair called the hearing on the Blue Fin subdivision application to order at 7:45pm.
Mr. Ladd said that this application involved a tract of land with 28 acres on Kennard Road. He said that they wanted to create 2 lots which were both over 2 acres and had the required frontage and upland. He said that all the monumentation had been completed. He said that he would stamp the plan and that they did have state subdivision approval. Mr. Smith read a letter from the Fire Chief saying that the fire department was not requiring the applicant to have a cistern or sprinklers. The letter said that the property had an existing fire pond and dry hydrant. Mr. Curry asked if the applicant would use the existing driveway. Mr. Ladd said yes. Mr. Curry said that all driveways needed to be labeled on the plan. He asked if the applicant was requesting a topographical waiver. Mr. Ladd
asked if that was necessary. Mr. Caron said yes.
Ms. Jones made a motion to grant a topographical waiver to the applicant.
Mr. Curry said that the Planning Board needed the request in writing in order grant the waiver. Mr. Smith asked if there was a plan for development on the larger lot. Mr. Ladd said that there was no plan for further development of the larger lot. Mr. Caron said that the applicant needed to prove that the larger lot was buildable by showing the house, the septic, etc. on the plan. He said that the larger lot was over 5 acres so it did not need state subdivision approval. Mr. Ladd said that he might need to pull a wetlands permit so the existing driveway could be used. Mr. Caron asked if there were existing easements or rights of way. Mr. Ladd said no. Mr. Smith read the request for a topographical waiver which cited Section 5, A3.
Ms. Bonser made a motion to grant the request for a topographical waiver. Ms. Jones seconded the motion.
Mr. Curry said that there needed to be a note on the plan saying that a topographical waiver had been granted.
The Board voted unanimously in favor of the motion to grant the waiver request.
Mr. Smith suggested that the Planning Board do a site walk on May 14, 2005 at 3:00pm.
Mr. Caron made a motion that the Board conduct a site walk of the Blue Fin property on May 14, 2005 at 3:00pm. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
Mr. Caron said that the 911 numbers would need to be listed on the plan. Mr. Smith asked if the applicant was still planning to install sprinklers. Mr. Ladd said no.
Mr. Curry made a motion to accept the Blue Fin subdivision application as complete. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
Mr. Curry made a motion to recess the Blue Fin subdivision application to June 1, 2005 at 7:45pm. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
WELCH SUBDIVISION APPLICATION:
OTHERS PRESENT: Mr. Richard Ladd, Mr. Welch
The Chair opened the hearing on the Welch subdivision application (Map 51, Lot 3-2) at 8:25pm.
Mr. Smith asked if the applicant had talked to the Fire Chief. Mr. Ladd said that he not gotten a response from the Fire Chief about his inquiry yet. Mr. Smith asked if there were future plans for the larger lot. Mr. Welch said no. Mr. Caron asked if the Planning Board had received a survey of the entire lot. Mr. Ladd said yes. He said that there was a survey of record for the entire parcel of land. Mr. Smith said that the applicant would still need a driveway permit. Mr. Ladd said that an application had been submitted to the Building Inspector but they had not received a response yet. Mr. Caron asked if the applicant would request a topography waiver. Mr. Ladd said yes. Mr. Caron said that the lot needed to have 200 feet of frontage. Mr. Ladd noted that shared
driveways were not allowed so they could not split the area. Ms. Jones asked if the driveways could be moved to the side with more frontage. Mr. Ladd said yes. Mr. Caron said that the Planning Board would need a waiver request to use the plan reference. Mr. Ladd said that he would give the Board a copy of the plan reference.
Mr. Caron made a motion to recess the Welch subdivision application to June 1, 2005 at 8:00pm. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
HORSEPLAY TRUST SUBDIVISION APPLICATION; WHITNEY SCOTT:
OTHERS PRESENT: Mr. Peter Landry, Mr. Whitney Scott
The Chair opened the public hearing on the Horseplay Trust subdivision application care of Whitney Scott.
Mr. Landry said that there had been some issues regarding fire protection and they had looked at some old minutes. He said that the Board had also done a site walk of the property. He said that the applicant had also added a wildlife and woodland buffer and some rules had been written to protect the woodland and wildlife. He referenced the minutes from October 9, 2002. He said that this property only had the potential for 4-5 lots. He said that sprinklers would be ok. He said that the Board needed to approve the waiver request for the cistern. Mr. Scott said that there had been no policy regarding sprinklers in the past. Mr. Smith read the waiver request.
Ms. Bonser made a motion that the Board accept the cistern waiver request. Mr. Curry seconded the motion.
Mr. Curry said that he was uncomfortable with the policy. He said that there was nothing in the regulations saying the Board could waive cisterns in favor of sprinklers but he said that they could not turn back the clock. Mr. Smith said that the advice of the Fire Department was a recommendation until the applicant agreed to put it on the plan. Mr. Curry said that sprinklers and cisterns were not the same. Mr. Landry suggested that maybe a cistern easement could be another option. Ms. Jones noted that there was water across the street from the property. Mr. Caron said that water mostly dried up in the summer. Mr. Smith said that the easement would be good with the Fire Department plan. Mr. Curry said that they were talking about fire protection versus life safety. Mr. Smith said that
there was a cistern on Freeman Hall Road. Mr. Caron said that was about 1 mile from the property.
The Board voted unanimously in favor of accepting the cistern waiver request.
Mr. Smith said that it needed to be put on the plan that sprinklers would be installed. He also read aloud about the woodland buffer.
Mr. Caron made a motion that the Horseplay Trust subdivision hearing be recessed for 5 minutes. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
SMITH- ADVICE:
Ms. Smith left prior to her time on the agenda.
GATCHELL APPLICATION:
ALSO PRESENT: Mr. Jon Berry
Mr. Berry said that he had met with the Northwood Planning Board on April 28, 2005. He said that the Gatchell application had been postponed until May 12, 2005. He said that there were new people on the Northwood Board. He said that he did not see a need for the Nottingham Planning Board to meet with the Northwood Planning Board. Mr. Caron said that he had spoken to Mr. Teague about the change that had been made to Note #10 and he said that the language still said what the Board had intended to say. Mr. Curry asked if Northwood had discussed the public/private road issue. Mr. Berry said that he had explained it to them. Mr. Smith said that if there were changes to the plan as a result of the Northwood meeting than it would need to be brought before the full Nottingham Board again. He said that
the Nottingham Board would not be able to approve the plan at the Northwood meeting. Mr. Berry agreed and said he would bring the plan back before the full Nottingham Board.
Mr. Curry made a motion to recess the Gatchell application to May 18, 2005 at 7:15pm. Ms. Bonser seconded the motion. The Board voted unanimously in favor of the motion.
HORSEPLAY TRUST SUBDIVISION APPLICATION; WHITNEY SCOTT:
At 9:40pm the Chair reopened the public hearing on the Horseplay Trust subdivision application in care of Whitney Scott.
Mr. Curry made a motion to approve the Horseplay Trust subdivision application in care of Whitney Scott. Ms. Jones seconded the motion. Mr. Curry, Ms. Jones, Mr. Smith, Ms. Bonser and Mr. Booth voted in favor of the motion. Mr. Caron abstained from the motion. The motion passed 5-0 with 1 abstention.
HOYT BOND REDUCTION:
Mr. Smith read the letter from Mr. Hoyt and the letter from Rockingham County Conservation District.
Ms. Bonser made a motion to reduce the Bond for Hoyt to $0. Mr. Caron seconded the motion. Ms. Bonser, Mr. Caron, Mr. Smith, Ms. Jones and Mr. Booth voted in favor of the motion. Mr. Curry abstained from the motion. The motion passed 5-0 with 1 abstention.
OTHER BUSINESS:
Mr. Smith read a letter from Beals Associates. Mr. Caron said that the Planning Board should ask Mr. Minic to review the information.
Mr. Caron made a motion to have Mr. Minic review this information. Ms. Bonser seconded the motion. Mr. Caron, Ms. Bonser, Mr. Smith, Ms. Jones and Mr. Booth voted in favor of the motion. Mr. Curry abstained from the motion. The motion passed 5-0 with 1 abstention.
Mr. Caron made a motion to adjourn at 10:10pm. Mr. Curry seconded the motion. The Board voted unanimously in favor of the motion.
Respectfully submitted,
Kelly Tivnan
Planning Board Secretary
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