NOTTINGHAM PLANNING BOARD MINUTES
MAY 18, 2005
PUBLIC SESSION
APPROVED BY THE BOARD JUNE 15, 2005
PRESENT: ABSENT:
Mr. David Smith, Chair Ms. Sandra Jones
Ms. Mary Bonser, Selectmen Representative
Mr. Peter Gylfphe
Mr. Jon Caron
Mr. Bill Booth
Mr. Scott Curry
OTHERS PRESENT:
Ms. Kelly Tivnan, Planning Board Secretary
The Chair called the meeting to order at 7:10pm.
PUBLIC HEARING-FRANZ-WILBER SUBDIVISION/LOT LINE ADJUSTMENT:
The Chair opened the public hearing for the Franz-Wilber Subdivision/Lot Line Adjustment application at 7:10pm.
OTHERS PRESENT: Mr. Roscoe Blaisdell, Ms. Margaret Franz, Mr. and Mrs. Wilber, Mr. Andersen, Ms. Barbara Dunnington
Mr. Blaisdell said that this application was about 7 acres on Kennard Road near Little River. He said that the applicant wanted to create one new lot and do a lot line adjustment to give more land to the Wilbers. He said that he had good test pit results and state subdivision approval. He said that A-1 did not have any wetland. He said that the new lot would be 60,000 contiguous square feet. He said that all corners and boundaries had been set. Mr. Smith asked if the section of shoreline fell under the shoreline protection act. Mr. Blaisdell said no. Mr. Curry asked why. Mr. Blaisdell said that the section did not qualify under the act. Mr. Smith asked if the Planning Board needed to see the other area involved in the lot line adjustment. Mr. Blaisdell said that there was an
already established plan. Mr. Caron said that current regulations required complete plans. Mr. Curry said that the Planning Board had issues in the past with doing both subdivisions and lot line adjustments. Mr. Blaisdell said that it would be a financial hardship for the applicants to have both the area for the subdivision and the area of the lot line adjustment surveyed. Mr. Smith said that the applicant did not need to resurvey the area for the lot line adjustment they just needed to have it on their plan. Mr. Caron said that area should be cross indexed with the other lot. He said that the applicant needed it to be very clear they were not creating a buildable lot with their lot line adjustment. Mr. Curry asked if a plan reference was sufficient. Mr. Caron said that in the past the Planning Board had asked that the whole area be surveyed. Mr. Blaisdell said that all the information would be recorded. Mr. Smith said
that the applicant would need a waiver for Section 5-A. Mr. Blaisdell said that the area had been surveyed in the past. Mr. Curry said that he thought the Board should try to approve the lot line adjustment and have it recorded before they approved the subdivision. Mr. Smith said that the Planning Board needed a guarantee that the lot line adjustment was done because they did not want a land locked parcel if the lot line adjustment fell through. Mr. Caron said that the Planning Board didn't transfer property they just created the ability to transfer property. Ms. Franz said that she had buyers and she wanted to move the next week. Ms. Dunnington said that she was a realtor and that all parties involved in this had signed purchase and sales agreements. Mr. Gylfphe asked about 911 numbers and the driveway permit for the new lot. Mr. Curry said that the Planning Board should hold the plan until they got the deed. He said that they
did not want to create a land locked piece of property. Mr. Seaverns suggested that they put a note on the plan stating that it would be null and void if the deed was not received within a certain amount of time. Mr. Caron asked how they would choose the parent lot. Mr. Landry said that the Planning Board could just pick a lot and put a note on the plan. Mr. Ladd said that it would solve the problem if the deed and the plan were recorded at the same time. Mr. Smith asked if this plan had been brought to the Fire Department. Mr. Blaisdell said no. Mr. Curry asked if the applicant had applied for a driveway permit. Mr. Blaisdell said no. Mr. Caron said that the plan needed to show the proposed location of the house. Mr. Smith discussed setting a certain corner on the other lot. Mr. Blaisdell said that all the corners had been set for this lot. Mr. Gylfphe said that there were problems on the plan for the other
property involved in the lot line adjustment. Mr. Blaisdell said that he would add the distance of a small part of the back line to the plan. Mr. Caron said that the plan needed a legend. Mr. Smith asked if the back line between the 2 new lots was set. Mr. Blaisdell said yes. He said that all bounds had been set. Mr. Caron said that there needed to be a change to the note on page 2 reflecting that. Mr. Curry said that a note about the waiver needed to be added to the plan. He said that he was not comfortable with not approving the plan but he thought there were issues with it and the Planning Board needed to follow the regulations. He said that hopefully in March they would have improved regulations which should make a case such as this one easier. Mr. Smith went over a list of some of the things the Planning Board had discussed regarding this application. He noted 911 numbers, putting the potential house location on
the plan, and a note indicating which was the parent lot. Mr. Blaisdell said that he disagreed with that. Mr. Smith said that the applicants needed to be comfortable with the plan. He also said that the plan should indicate the acreage of the property before and after, the applicant should get a driveway permit, and they needed to indicate the extra corner. Mr. Blaisdell said that the survey for the abutting property had been done by someone else but he said that he would take care of the corner. Mr. Smith said that the legend on the plan needed to be amended. Mr. Curry said that the applicant needed a letter from the Fire Chief and they needed a waiver for not showing the entire lot involved in the lot line adjustment.
Mr. Curry made a motion not to do a site walk on this property. Ms. Bonser seconded the motion. All present members of the Planning Board voted in favor of this motion. The motion passed 6-0.
Mr. Caron suggested that the applicant check the setback line on parcel A. He wondered if it should continue up.
Mr. Curry made a motion to accept the application. Mr. Caron seconded the motion.
Ms. Franz asked why the driveway was important. Mr. Caron said that the driveway permit was required in order to prove that the lot was buildable.
The present members of the Planning Board voted unanimously against the motion to accept the application. The motion failed 0-6.
Mr. Caron made a motion to recess the application to May 25, 2005 at 7:00pm. Mr. Curry seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 6-0.
Mr. Caron asked the applicant to add the subdivision information as a page 3 on the plan.
PUBLIC HEARING-GATCHELL:
The Chair opened the public hearing for Gatchell at 8:10pm.
ALSO PRESENT: Mr. Jon Berry
Mr. Berry said that the Northwood Town Administrator had made a list of outstanding items. He said that there had been discussion of a fire cistern, how the open space would be managed, and about plowing and sanding the road. He said that the Town Administrator in Northwood had said an agreement with Nottingham about plowing and sanding the road was not necessary. Mr. Caron said that the road was not the town's responsibility. Mr. Smith asked what was needed from the Nottingham Planning Board. Mr. Berry said that the road needed to be accepted as a public road. He wondered if the Gatchells could build the road or if they needed to build the Nottingham portion of the road. He asked what it would take for this road to be accepted as a public road in Nottingham. He said that the Gatchells could
not move the entrance to this roadway. Mr. Seaverns said that the road needed to be built to the town specifications. Mr. Caron asked if there was any chance Northwood would agree to allow this to be a private road. Mr. Curry asked why Northwood could not waive the public road requirement in this case. Mr. Berry said that it was their last resort to try to get the public in Nottingham to approve this as a town road.
Mr. Caron made a motion to recess the Gatchell application to June 1, 2005 at 7:00pm and to June 15, 2005 at 7:15pm. Ms. Bonser seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 6-0.
PUBLIC HEARING- WITHAM LOT LINE ADJUSTMENT:
The Chair called the public hearing to order at 8:30pm.
OTHERS PRESENT: Mr. Peter Landry, Mr. Tim Witham
Mr. Landry said that he had the driveway permit and a note on the plan about the sewer. He said that he also had a 911 number. Mr. Smith read a letter from the Fire Chief which stated that the Fire Department was not recommending any fire protection in this case. Mr. Gylfphe asked about access to the cemetery. Mr. Landry said that there was nothing recorded.
Mr. Curry made a motion to approve the Witham Lot Line Adjustment application. Mr. Caron seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 6-0.
PUBLIC HEARING- JAMES FERNALD SUBDIVISION APPLICATION:
The Chair called the public hearing to order at 8:50pm.
OTHERS PRESENT: Mr. Richard Ladd, Mr. James Fernald, Ms. Cynthia Copeland
Mr. Ladd explained the future subdivisions that were planned on this property. He said that they would have shared driveways. Mr. Caron said that the cistern needed to be built before Certificates of Occupancy could be issued. Mr. Gylfphe said that the Planning Board could waive the cistern requirement. Mr. Smith read the waiver request.
Mr. Gylfphe made a motion to approve the waiver request with the condition that if the cistern was not built than the houses needed to have sprinklers.
Mr. Curry said that was not the same thing.
Mr. Gylfphe made a motion to waive the cistern requirement and not allow certificates of occupancy to be issued until the cisterns were built or bonded. Ms. Bonser seconded that motion. Mr. Gylfphe voted in favor of the motion. Mr. Caron, Mr. Curry, and Ms. Bonser voted against the motion. The motion was defeated 3-1.
Ms. Bonser made a motion to waive the cistern requirement. Mr. Gylfphe seconded the motion. Mr. Curry, Ms. Bonser, Mr. Booth, and Mr. Gylfphe voted in favor of the motion. Mr. Caron voted against the motion. The motion passed 4-1.
Mr. Caron made a motion to approve the subdivision application of James Fernald. Ms. Bonser seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 6-0.
PUBLIC HEARING- LINDA FERNALD SUBDIVISION APPLICATION:
The Chair called the hearing to order at 9:15pm.
OTHERS PRESENT: Mr. Richard Ladd, Mr. James Fernald, Ms. Cynthia Copeland
Mr. Ladd said that he had made some changes to the plan, he had added a fire cistern and he had dealt with the confusion regarding driveway permits. Mr. Gylfphe asked about the old road leading to Pawtuckaway Dump. He asked if it had been cleared up and dealt with. Mr. Fernald said yes. Ms. Copeland asked about easement documentation. Mr. Ladd said that he would get that for the Board when the area was built. Mr. Seaverns said that did need to be provided at some point but he said that when had varied in the past. Mr. Curry asked about the remaining land. Mr. Ladd said that there would be 2 additional lots created. Mr. Curry asked if there was the potential to develop the back area of the property. Mr. Ladd said that there was the potential but that the owners had no plans to do
that. Mr. Smith asked if there had been discussion about conservation easements. Mr. Ladd said that there were no plans for any of those at this time.
Mr. Curry made a motion to approve the Linda Fernald subdivision application. Mr. Booth seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 6-0.
PUBLIC HEARING- GERRIOR DRIVE APPLICATION:
The Chair called the hearing to order at 9:30pm.
OTHERS PRESENT: Mr. Malcolm McNeill, Mr. Bob Sheilds, Mr. Steve Michaud, Mr. Sean Appledore, Ms. Amanda Barker
Mr. McNeill talked about the goals the applicant wanted to accomplish during this hearing. He said that 3 members of the Board had taken a site walk and he said that the applicant had written to the Department of Transportation. Mr. Appledore gave a presentation and discussed the cost estimate. Mr. Caron said that the Planning Board needed Mr. Minic to sign off on the cost estimate. Mr. Appledore said that they had extended the culvert to eliminate the erosion problem. Ms. Barker, from New Hampshire Soils said that she had prepared a response for the Conservation Commission regarding the wetlands. She said that she had a copy for the Planning Board and the Conservation Commission. Mr. Smith said that the Planning Board should ask the Conservation Commission to look at the changes and see if they
helped the vernal pools. The representative from the Conservation Commission said that they would send a letter to the Planning Board regarding that. Ms. Copeland discussed her report. Mr. Curry asked if anyone had looked at the hydrology studies. Ms. Copeland said yes. She said that those had been reviewed. Mr. McNeill said that he was not sure whether the applicant had the authority to contact the town attorney directly.
Mr. Curry made a motion to give Mr. McNeill the authority to contact the town attorney.
Mr. Seaverns said that the Board should have the chance to give their feelings on issues to the town attorney.
Mr. Curry withdrew his motion.
Ms. Copeland said that the stones would be reused. The applicant said that they would have a follow up conversation with the Selectmen's Office regarding the 911 numbers. Ms. Copeland said that she needed some clarification of the process. She said that she would follow up on that. Mr. McNeill said that the applicant would continue to process the state permit. He said that Mr. Sheilds would like to build 2 houses. He said that they were proposing these houses on 2 lots of record that met the standards. Mr. Sheilds said that he would like to get started on the model homes. Mr. Caron said that he thought that seemed premature. He said that one of the lots looked ok but the other had lots of wetland on it. Mr. Sheilds said that the lot with the wetland was where he had intended to put
the model home. Ms. Copeland discussed the lot dimensions. She mentioned 302 on the Concord side and over 410 on the Barrington side. Mr. Seaverns noted that only one driveway permit had been issued but he said that the applicant had property rights. Mr. Smith said that he did not think building the homes would interfere with the Planning Board process. Mr. Seaverns asked if there was a note on the plan addressing Certificates of Occupancy in Nottingham. He said that there should be. Mr. McNeill said that the applicant needed to bond the roadway and get building permits. Mr. Caron said that the cisterns needed to be built and functional before the Certificates of Occupancy were issued.
Mr. Caron made a motion to recess the Gerrior Drive application to June 15, 2005 at 8:00pm. Mr. Gylfphe seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion.
DISCUSSION OF USA SPRINGS:
The Chair opened the discussion at 10:20pm.
OTHERS PRESENT: Amanda Barker, Cynthia Copeland
Mr. Smith said that the Board needed to give some direction to Ms. Copeland regarding a packet of information about the USA Springs application. Mr. Curry said that the Planning Board needed to come up with questions that still needed answers. He said that he had only been able to create a partial list. He said that the Board needed to take the public comment into account. Ms. Copeland asked what kind of document the Planning Board was looking for. Mr. Curry discussed having a memo of understanding between the two parties. Mr. Gylfphe said that lots of the public comment had discussed ground water withdrawal. He said that the applicant was doing a good job with an industrial building but he said that the Planning Board still had concerns. Mr. Curry said that the goal would be to get
clarification of the questions that the Planning Board still needed answers to. Mr. Seaverns said that the Planning Board might need to write a letter to the Department of Environmental Services asking who was responsible for the conditions. Mr. Smith asked how the Planning Board would know what issues they had. Mr. Seaverns said that those should be in the minutes. Ms. Copeland said that the Planning Board needed to look at issues and it was her job to look at structure. Mr. Smith said that there would be a time when the Planning Board would need to have everything together. Mr. Seaverns noted that there were some unpaid bills. Mr. Curry said that the Planning Board should put something in the regulations about bills and specify that they needed to be paid by a certain date.
Mr. Smith said that the Planning Board would be meeting with their attorney on this matter at 7:00pm on Tuesday May 24, 2005.
Mr. Caron said that USA Springs still needed some state permits.
Mr. Caron made a motion to recess the USA Springs public hearing to May 25, 2005 at 7:15pm. Mr. Curry seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 6-0.
Ms. Copeland discussed having escrow accounts for payments.
OTHER DISCUSSION:
The Board discussed a memo from the Building Inspector asking for guidance on an issue regarding a previously approved subdivision. Mr. Caron said that the bridge should be built.
Mr. Gylfphe made a motion that the Planning Board respond to the Building Inspector by saying that no Certificates of Occupancy would be available until the bridge was built. Mr. Caron seconded that motion.
Mr. Caron said that the plan as recorded showed the bridge as it should be built.
The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 6-0.
Mr. Gylfphe made a motion to adjourn at 11:05pm. Mr. Caron seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 6-0.
Respectfully submitted,
Kelly Tivnan
Planning Board Secretary
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