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Planning Board Minutes 10/07/2009
 NOTTINGHAM PLANNING BOARD
October 7 , 2009
PUBLIC SESSION
Approved & Amended

Type of Meeting:        Scheduled Meeting
Method of Notification:  Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location:       Nottingham Municipal Building
PB Members Present:     Arthur Stockus; Secretary, Peter Gylfphe, Robert “Buzz” Davies; Alternate Member, Cheryl Smith; Alternate Member
PB Members Absent:      Scott Canney; Chair, Bill Dean; Vice Chair, Mary Bonser; Selectmen’s Rep., Susan Mooney, Traci Chauvey; Alt. Member,
Others Present:         Lisa Sears; Land Use Clerk, Joseph Valencia, George Gilman, Christine Dabrieo

Mr. Stockus called the meeting to order at approximately 7:10 pm. Mr. Davies was seated for the open seat. Ms. Smith was seated for Ms. Mooney. The Board tabled the review of previous minutes. Mr. Stockus opened the public hearing for:
Case # P09-08- SIT: Joseph Valencia – 65 Old Turnpike Road – Map 5 Lot 5 – Application for a site plan review (acceptance, compliance review, and final approval) for a minor auto repair shop/state inspections station in the residential/commercial zone on Route 4.

Mr. Valencia explained his sketch of his property; he has 39 acres, currently only 8 acres are in residential use but he would like to take 2 acres out from those 8 acres to become commercial use to have a state inspection station and small auto repair out of his existing garage (24’x40’). He later presented photos as well. He reviewed his abutters noting the large amount of conservation land that surrounds his 31 acres that is in current use. He did note that at some point he would like to make that conservation land as well.

Mrs. Sears noted that Mr. Valencia had been granted an Area Variance by the ZBA last week. There were two conditions: that he starts this PB process within one year and that if the PB, upon the site plan review deems some sort of screening necessary on the affected side (the side with the setback relief) then Mr. Valencia would put up a fence or trees or other type of screening.

The Board asked how the distances on his sketch were measured. Mr. Valencia noted that he did the measuring. The Board also discussed the measurement in the front noting the State’s Right-of-Way; noting the Right-of Way is measured from the center of the road and goes to each side.

Ms. Smith asked about his State Permitting Process and wetland areas on the property. Mr. Valencia noted that he can not do any of the State process until he is completed with the Town’s process. He also noted that there are no wetlands in the immediate areas. Ms. Smith noted that there was not a site survey and wanted to see drainage areas marked in regards to possible hazardous spills. They briefly discussed how he planned to dispose of oil and other waste. He noted there was no drain in the garage floor. Ms. Smith asked about fire safety issues.

Mr. Valencia explained he has experience with doing State Inspections. Mr. Davies asked about parking. Mr. Valencia showed the many places available to park. Ms. Smith questioned if the State needed to approve the commercial entry with DOT and possible leaking vehicles. It was noted that there would only be a small increase in traffic entering the property, and this was not a new enterance.

The Board discussed the ZBA conditions. Mr. Valencia noted that he didn’t think that there would be that many cars parked but was willing to put up the screening if needed. He also noted that he will still have to meet any State standards as far as oil/waste is concerned. He again noted that he can not start the process with the State until the Town approvals are completed. The Board reviewed Mr. Valencia’s answers to the impact form. Mr. Gilman, an abutter noted that he was confident that Mr. Valencia would do what ever is required by the Town or the State as Mr. Valencia wouldn’t want to harm his own land or anyone’s land. Mr. Valencia agreed. Mr. Valencia discussed various answers from the Board in regards to his answers on the Impact Form.

Mr. Davies questioned the need for a site walk when similar cases had not. Ms. Smith noted the previous similar case had a profession site plan done by a professional surveyor were Mr. Valencia only has his sketch with very little detail.

MOTION by Ms. Smith to recess this case to a Site Walk at 65 Old Turnpike Road on October 15, at 4:00pm
SECOND by Mr. Davies
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED

MOTION by Mr. Davies to reconvene this hearing until November 4, 2009 at 7:15pm.
SECOND by Ms. Smith
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED

Mr. Valencia thanked the Board. Mr. Stockus opened the next public hearing:
Case # P09-09- SIT: Timothy & Christine Dabrieo – 75 Freeman Hall Road – Map 4 Lot 18-2 – Application for a site plan review (acceptance, compliance review, and final approval) for Day Care having a maximum of 14 children, ages 6 weeks to 12 years old.

Ms. Dabrieo explained that she has an existing licensed daycare in her home and she would like to expand it up to 14 children, from 9 children now. She explained her hours and the pick up/drop off schedule, and noted that if she has 9 or more children at one time then she will have a helper, who she has already found. It was noted that she was a minor home occupation but with the additional children she now will be a major home occupation which requires the site plan review and new State approval. The Board reviewed her Impact Statement and request for waivers. They discussed the parking and drop off schedule, health and safety approvals, additional employee, additional square footage (State requirement) and signage (there will be no sign). Ms. Dabrieo noted that she will provide copies to the Town of all the State paperwork and Town approvals.

MOTION by Mr. Gylfphe to accept the application for Case # P09-09- SIT: Timothy & Christine Dabrieo – 75 Freeman Hall Road – Map 4 Lot 18-2
SECOND by Mr. Davies
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED

MOTION by Mr. Gylfphe to approve the site plan review for Case # P09-09- SIT: Timothy & Christine Dabrieo – 75 Freeman Hall Road – Map 4 Lot 18-2 to expand the daycare business up to 14 children.
SECOND by Mr. Davies
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED

It was determined that Mr. Colby would sign Ms. Dabrieo’s documents.

Other Business

Mrs. Sears noted that Mr. Cain had accepted a position on the newly formed Workforce Housing Committee. She noted that Ms. Mooney is the contact for this new committee.

Mrs. Sears noted that the Town Engineer will go inspect the minor issues with the roads in Dunbarton Estates, this week.

Mr. Gylfphe noted that he is having some health issues and his attendance at meetings will be sporadic. The Board empathized with Mr. Gylfphe and wished him.

Mrs. Sears noted she was asked to look at the budget and she there are monies for the subcommittee on Workforce Housing to consult with a planner, if they needed help. The Board would like the subcommittee to decide what they need and to give this Board an update at the October 20th meeting.

MOTION by Mr. Gylfphe to adjourn
SECOND by Ms. Smith
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED

Respectfully Submitted,


Lisa L. Sears
Land Use Clerk

These minutes are subject to approval at a regularly scheduled Planning Board meeting at which time the above minutes are corrected or accepted.