NOTTINGHAM PLANNING BOARD MINUTES
JULY 20, 2005
PUBLIC SESSION
APPROVED BY THE BOARD AUGUST 17, 2005
PRESENT: ABSENT:
Mr. Dave Smith, Chair Mr. Jon Caron
Ms. Mary Bonser, Selectmen Representative Ms. Sandra Jones
Mr. Peter Gylfphe
Mr. Bill Booth
Mr. Scott Curry
OTHERS PRESENT:
Mr. Peter Bock, Selectman
Mr. Skip Seaverns
Ms. Kelly Tivnan, Planning Board Secretary
The Chair called the meeting to order at 7:10pm.
APPROVAL OF MINUTES:
Mr. Curry made a motion to approve the Planning Board minutes of 5-25-05 as amended. Mr. Gylfphe seconded the motion. Mr. Curry, Mr. Gylfphe, Mr. Smith, and Mr. Booth voted in favor of the motion. Ms. Bonser abstained from the motion. The motion passed 4-0 with 1 abstention.
Ms. Bonser made a motion to approve the Planning Board minutes of 6-1-05 as written. Mr. Gylfphe seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Mr. Curry made a motion to approve the Planning Board minutes of 6-8-05 as amended. Mr. Gylfphe seconded that motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Mr. Gylfphe made a motion to approve the Planning Board minutes of 6-15-05 as written. Mr. Booth seconded the motion. Mr. Gylfphe, Mr. Booth, Mr. Smith, and Mr. Curry voted in favor of the motion. Ms. Bonser abstained from the motion. The motion passed 4-0 with 1 abstention.
PUBLIC HEARING- GATCHELL:
ALSO PRESENT: Mr. Jon Berry
The Chair opened the public hearing at 7:35pm.
Mr. Smith read the letter from Northwood which included the approval conditions out loud. Mr. Berry said that Northwood would not sign the plans unless the road was accepted by Nottingham. Mr. Smith asked what would need to be done in 1 year for substantial completion. Mr. Berry said that he thought the road and the cistern needed to be done but he did not think houses would need to be completed. Mr. Smith noted the Northwood Growth Ordinance. Mr. Curry said that he was not sure that Nottingham should approve this project before Northwood. Mr. Gylfphe said that the road could not be approved without the signed plans. Ms. Bonser said that Nottingham would have to specify that their approval was conditional on a Northwood approval. Mr. Berry said that the note the Nottingham Planning Board had
requested about the roadway had been put onto the plan. He said that Northwood had approved the plan and the only remaining step would be holding a compliance hearing. Mr. Curry read Note #10 out loud. Mr. Berry said that the notes had all been approved by the town attorney. Mr. Gylfphe said that the Nottingham Planning Board could sign the plan but it would not mean anything unless the Northwood Board gave the plan their final approval. Mr. Ladd asked how the road would get dedicated for public use. Ms. Bonser read from the RSA's. Mr. Berry said that approval of the plan did not constitute approval of the road by the town.
Mr. Curry made a motion to have Attorney Teague review Note #10 on the plan.
Mr. Berry said he would request that the Board be very specific in their discussion with Mr. Teague about this issue. Mr. Smith asked if Mr. Berry would need to go back to Northwood about this discussion. Mr. Seaverns noted that the Planning Board could put anything they wanted on the plan. He said that the Board of Selectmen had provided guidance to the Planning Board about this. He said that the Planning Board had talked to Northwood. He said that until the plan was approved then the road was not dedicated. He said that did not come under the authority of the Board of Selectmen. He said that the point of Note #10 was that Nottingham did not want to have anything to do with the road. Ms. Bonser said that the Planning Board needed to be very, very clear and state that no further changes could
occur. Mr. Berry said that he would not make changes.
Mr. Curry made a motion to recess the public hearing for the Gatchell application until September 7, 2005 at 7:15pm. Mr. Gylfphe seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
PUBLIC HEARING- BLUE FIN:
ALSO PRESENT: Mr. Richard Ladd
The Chair called the public hearing to order at 8:05pm.
Mr. Curry made a motion to recess the public hearing for the Blue Fin application to September 21, 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 5-0.
Mr. Ladd said that the applicant was willing to extend the 90 day clock.
PUBLIC HEARING- LINDA FERNALD:
OTHERS PRESENT: Mr. Richard Ladd
The Chair called the public hearing to order at 8:10pm.
Mr. Ladd explained that this application was for Phase 2 of 10 lots for the Fernalds. He said that it was the last 2 lots on Linda Fernald's piece. Mr. Smith asked if there was a letter from the Fire Department. Mr. Ladd said that the plan showed where the cistern would be installed. Mr. Curry noted that no Certificate of Occupancy's should be issued until the cistern was built and operational. Mr. Smith asked if driveway permits had been issued. Mr. Ladd said yes. Mr. Smith asked if bounds had been set. Mr. Ladd said yes. Mr. Gylfphe asked who owned the remaining land. Mr. Ladd said that the remaining land was owned by Linda Fernald. Mr. Curry noted that remaining land could not be subdivided because of the wetlands. He said that there was no need to specify on the plan
that the area would not be subdivided further. Mr. Ladd said that it was often difficult to subdivide backlands because of wetlands.
Mr. Gylfphe made a motion to accept the application for Linda Fernald, Phase 2. Ms. Bonser seconded the motion.
Mr. Curry noted that the applicant did not have an impact statement or a soil stamp on their plan.
Mr. Gylfphe rescinded his motion.
Mr. Curry made a motion to have the application reviewed by the Strafford Regional Planning Commission. Mr. Gylfphe seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Ms. Bonser made a motion to recess the public hearing for the Linda Fernald application until August 3, 2005 at 7:15pm. Mr. Gylfphe seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
PUBLIC HEARING- JAMES FERNALD:
OTHERS PRESENT: Mr. Richard Ladd
The Chair called the public hearing to order at 8:25pm.
Mr. Ladd said that there would be one more phase of this subdivision for James Fernald. Mr. Smith noted that both Linda Fernald and James Fernald owed an additional $67.50 which needed to be paid.
Mr. Curry made a motion to have the Strafford Regional Planning Commission review the application. Mr. Booth seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Mr. Curry said that he wanted to state for the record that the Interim Growth Management Ordinance had been passed so that the Planning Board would have more time to look at the ordinances and overall growth plan for the town. He said that Mr. and Mrs. Fernald's applications were within their rights but they were against the intent of the Interim Growth Management Ordinance. Mr. Smith noted that the Board needed impact statements for both applications.
Mr. Curry made a motion to recess the public hearing for the James Fernald application until August 3, 2005 at 7:30pm. Ms. Bonser seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
PUBLIC HEARING- GERRIOR:
The Chair called the public hearing to order at 8:30pm.
Mr. Smith read the request from the applicant for a recess.
Mr. Curry made a motion to recess the public hearing for the Gerrior application until August 3, 2005 at 8:00pm. Ms. Bonser seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
PUBLIC HEARING- REDDY HOMES LOT LINE ADJUSTMENT:
OTHERS PRESENT: Mr. Bill Reddy
The Chair opened the public hearing at 8:35pm.
Mr. Curry noted that the applicant was requesting a topography waiver. Ms. Bonser asked if this plan referred to the original plan. Mr. Smith pointed out Note #5. Mr. Reddy said that the person involved wanted to move the position of the house by 7 feet.
Mr. Curry made a motion to accept the request for a topography waiver. Mr. Booth seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Mr. Gylfphe made a motion to accept and approve the Reddy Homes Lot Line Adjustment application. Ms. Bonser seconded the motion. The present members of the Planning Board voted in favor of the motion. The motion passed 5-0.
PUBLIC HEARING- LUTES:
OTHERS PRESENT: Ms. Sharon Lutes, Mr. Peter Landry, Mr. Chet Batchelder
The Chair called the public hearing to order at 8:50pm.
Mr. Landry said that there were 34 acres on the existing property. He said that they planned to take out 2 lots which would leave 30 acres remaining. He said that there were not any proposed wetland impacts. He said that they were also proposing to widen Garland Road and give 50 feet to the town. He said that they were waiting for state subdivision approval. He said that he had gotten a letter from the Fire Chief and he said that the applicant wanted to request a topography waiver for the remaining 30 acres. He said that the applicant also wanted to request waiving the cistern requirement. He said that sprinklers would be installed. He said that he needed to get 911 numbers issued. He said that there were no plans for future subdivision on the property. Mr. Curry asked why the Board
typically required a full perimeter survey. Mr. Seaverns said that the Board used the full survey for future planning and to determine the potential for growth on the lot. He said that the perimeter survey needed to be identified on the plan. Mr. Batchelder said that he was an abutter to Ms. Lutes property and he did not have a problem with this application. Ms. Bonser said that she did not think the Board needed a full perimeter survey or complete topography on this property. Mr. Gylfphe said that Mr. Landry should bring the Board a waiver request for the perimeter survey. Mr. Smith read the letter from the Fire Department. It stated that there was no accessible water source and it recommended that homes built on both lots have sprinklers. It stated that there was no need for a cistern. Mr. Smith also read the request that the Board waive the cistern requirement.
Ms. Bonser made a motion that the Planning Board accept the cistern waiver as recommended by the Fire Department.
Mr. Smith said that Lot #23 should be sprinkled but he said that sprinklers were not always installed on existing lots. Mr. Gylfphe said that all 3 of the houses should have sprinklers. Mr. Seaverns said that all the habitable structures should be sprinkled. Mr. Smith said that Lot #23 should be added to the waiver request.
Mr. Gylfphe made a motion that all new habitable structures built on the three lots should be sprinkled based on Article 5B2F of NFPA Code 13D. Mr. Booth seconded the motion. Mr. Gylfphe, Mr. Booth, Mr. Smith and Ms. Bonser voted in favor of the motion. Mr. Curry abstained from the motion. The motion passed 4-0 with 1 abstention.
Mr. Smith read the request from the applicant for a topography waiver.
Mr. Curry made a motion to accept the topography waiver request. Mr. Gylfphe seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Mr. Gylfphe made a motion to have the Strafford Regional Planning Commission review the plan. Mr. Curry seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Mr. Smith noted that the impact statement and driveway permit was in the file.
Mr. Gylfphe made a motion that the Planning Board waive their site walk requirement for this property. Mr. Booth seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Mr. Gylfphe made a motion to recess the public hearing for the Lutes application to August 3, 2005 at 7:45pm. Ms. Bonser seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
THOMAS MINOR HOME BUSINESS APPLICATION:
OTHERS PRESENT: The applicant
The applicant said that she would like to open a day care in her home. Ms. Bonser asked how many children she would have. The applicant said that she would have 9. Ms. Bonser asked if there would be employees. The applicant said no.
Ms. Bonser made a motion to approve the Thomas Minor Home business application with the understanding that the applicant would not have an external sign. Mr. Gylfphe seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Mr. Gylfphe made a motion to adjourn the meeting at 9:35pm. Mr. Booth seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Respectfully submitted,
Kelly Tivnan
Planning Board Secretary
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