NOTTINGHAM PLANNING BOARD MINUTES
AUGUST 3, 2005
PUBLIC SESSION
APPROVED BY THE BOARD AUGUST 31, 2005
PRESENT: ABSENT:
Mr. Dave Smith, Chair Mr. Jon Caron
Ms. Mary Bonser, Selectmen Representative Mr. Bill Booth
Ms. Sandra Jones
Mr. Peter Gylfphe
Mr. Scott Curry
OTHERS PRESENT:
Ms. Kelly Tivnan, Planning Board Secretary
The Chair called the meeting to order at 7:15pm.
ADVICE-DUFFY:
OTHERS PRESENT: Mr. Tom Duffy
Mr. Duffy said that he had questions about the rules and regulations. He said that he was asking about Lot #147 and he said that it was owned by Clayton Trust. He said that the lot size was 5.3 acres. He asked what it would take to subdivide the property into 2 lots. Mr. Gylfphe said that the lot needed to be on a town road. Ms. Bonser asked if Jampsa Trail was part of the lot. Mr. Duffy said that the part of the road that ran on the lot was. Mr. Gylfphe said that there would be a slope problem because pieces of that area were steep. Mr. Curry said that people could not build on a slope of more than 25 degrees. Mr. Duffy said that he thought someone could find an area on the property to build on that property which would fit the slope requirement. He asked if there were required
setbacks from utility lines. Mr. Gylfphe said that people could not build under power lines and he said that he thought a setback of 25 feet was needed. He said that he did not think that was necessarily a town regulation but a state requirement. He said that anyone looking to build would have to talk to the power company about it. Mr. Curry said that anyone looking to subdivide would need to have a full plan with topography. He said that there was a subdivision requirement that a cistern be within a certain distance but he said that the Planning Board often waived that requirement. Ms. Jones noted that there was water in the area because of the lake. Mr. Gylfphe said that the water needed to be accessible to a fire truck. Mr. Smith said that according to the Zoning regulations land needed to be on a public road in order to be subdivided. Mr. Gylfphe noted that there were ways for a private road to become a town road. He
said that according to the state anything that had been on maps 20 years prior to 1968 could become a public road. Ms. Bonser said that a road could also become public if it was accepted as a petitioned warrant article at town meeting. Mr. Duffy asked if a class 5 road was determined by width, grade, and other factors. Mr. Curry said that an engineer from the Rockingham County Conservation District would look at it to see whether the road met the specifications. Mr. Smith noted that there was a problem with the remaining land on the other side of the road. He asked if that land was taken out of the equation whether the lot would still have the acreage needed to subdivide it. Ms. Bonser asked if there was a map which showed this road. Mr. Gylfphe said no. He and Mr. Duffy had a discussion about the history of the property.
PUBLIC HEARING- LINDA FERNALD:
OTHERS PRESENT: Mr. Richard Ladd
The Chair opened the public hearing at 7:45pm.
Mr. Smith said that the Fire Chief had recommended using different wording for the note on the plan regarding the cistern. Mr. Curry said that the note had been changed. Mr. Ladd said that he could make a new copy of the test pit log for the file.
Mr. Curry made a motion to accept and approve the subdivision application from Linda Fernald. 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- JAMES FERNALD:
OTHERS PRESENT: Mr. Richard Ladd
The Chair opened the public hearing at 7:55pm.
Ms. Copeland went over her review of the application for the Board. Mr. Ladd said that he had a waiver request for test pits.
Ms. Bonser made a motion to approve the request for a test pit waiver on lots 1-2 and 1-3 because the state subdivision permit had been issued. She cited Section 5A9. 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 asked for clarification of 2C on Ms. Copeland's review sheet. Ms. Copeland said that she was talking about the driveway grade. Mr. Curry asked for an explanation of 3B on Ms. Copeland's review sheet. Mr. Seaverns noted that the Planning Board was not designing the driveway.
Mr. Gylfphe made a motion to accept and approve the subdivision application from James Fernald. Ms. Bonser seconded the motion. Mr. Gylfphe, Ms. Bonser, Mr. Smith, and Ms. Jones voted in favor of the motion. Mr. Curry abstained from the motion. The motion passed 4-0 with 1 abstention.
PUBLIC HEARING- SHARON LUTES:
OTHERS PRESENT: Mr. Peter Landry
The Chair called the public hearing to order at 8:25pm.
Mr. Landry said that he had added the recommended notes to the plan and he had completed setting the bounds. He said that the applicant would like a waiver for the perimeter survey. He said that he had added the 911 numbers to the plan and the project did have state subdivision approval. Mr. Smith read the perimeter survey waiver request.
Ms. Bonser made a motion to accept the waiver. 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. Copeland said that in order for the Board to approve the application they needed the quit claim deed and the state subdivision approval in hand.
Ms. Bonser made a motion that the Planning Board accept and approve the subdivision application from Sharon Lutes with the understanding that the plan would not be recorded until the quit claim deed and the state subdivision approval were received by the Planning Board office. Mr. Curry 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:
OTHERS PRESENT: Mr. Malcolm McNeill, Mr. Sean Malone, Mr. Steve Michaud, Mr. Bob Sheilds
The Chair called the public hearing to order at 8:40pm.
Mr. McNeill noted a memo from Attorney Teague regarding the application. Mr. Malone talked about a final sign off from Ed Minic. Ms. Copeland said that she had spoken to Mary Currier and the last plans for the project that had been reviewed by the Rockingham County Conservation District were dated 5-24-05. Mr. Smith said that there should be a note on the plan which stated that the road construction in Barrington needed to be done first. Ms. Copeland said that she had sent a letter to the Conservation Commission. Mr. Michaud said that the applicant had received a letter from the Conservation Commission about lot 32. He said that lot had vernal pools and he said that the applicant had moved the proposed driveway away from the vernal pools. He said that the deed restriction also included the vernal
pools. He said that the issues raised by the Conservaion Commission had been addressed. He said that the applicant had requested that the Conservation Commission write to the Planning Board stating that their issues had been addressed. He said that there was an issue of a road name change. He said that the Nottingham Board of Selectmen's office had stated that the road name could not be the same in both towns. He said that Barrington had wanted the road names to be the same in both towns. Mr. Curry said that he had a question about #16 with Ms. Copeland's review. He said that he was not sure he agreed with Mr. Teague's advice. Mr. Shields said that the applicant could put 1000 feet of road which was the approved length of a cul-de-sac. Mr. Curry noted that cul-de-sacs were no longer allowed in Nottingham. Ms. Bonser said that the applicant could not build a dead end road in case safety vehicles needed to use it. Mr.
Seaverns said that Gerrior Drive was not an approved road name. He said that eventually the applicant would also need to get the whole road up to specifications. Mr. Curry said that he would not be comfortable with the applicant creating a dead end road. Mr. Shields said that he was looking for certificate of occupancies for 1000 feet of road. He said that he was not looking to create a dead end road. Mr. Seaverns said that phases 1 and 2 of the project should be shown on the plan. He said that certificate of occupancies would not be given until a letter of credit was provided to the town. He said that there should be a note on the plan stating that. Ms. Bonser said that the issue of the road name was unresolved, the Conservation Commission needed to sign off on the project, and there needed to be a final sign off from the Rockingham County Conservation District. Mr. Curry noted that there was also a driveway easement question. Mr. Smith read the waiver request for Lot
#6. He said that the portion of the lot which was in Nottingham would not be built on.
Ms. Bonser made a motion to accept the waiver request for Lot #6. 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 said that driveway cuts needed to be shown on the plan. He said that the eventual owners did not need to put their driveways in those exact spots but he said that the plan needed to show proof that there was space on the lots for driveways. Mr. Curry said that the Conservation Commission needed to send a letter to the Planning Board about this application. He said that the applicant would get the letter of credit and he said that the road name issue needed to go back before the Board of Selectmen. He said that there would need to be a note on the plan regarding the certificate of occupancy issue. He said that the applicant would give the Board a copy of the plan with the phases on it. He said that the Planning Board would also need sign offs from the road agent and the Rockingham County
Conservation District. He said that the applicant would also put proposed driveway curbs on the plan. Ms. Jones said that the plans just needed to show that people could get "from here to there" legally. Mr. Curry asked if the Board could get as built plans. Mr. Shields said that those were very expensive and that the project had already been costed out. He said that it had been necessary to cost it out to get a letter of credit. Mr. Seaverns noted that the Planning Board would see any substantial changes because in that case plans would need to be submitted to them.
Mr. Gylfphe made a motion to recess the public hearing for the Gerrior application until August 10, 2005 at 6:30pm. Mr. Curry seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Ms. Jones made a motion to adjourn the meeting at 10:15pm. Ms. Bonser seconded the motion. The present members of the Planning Board voted unanimously in favor of the motion. The motion passed 5-0.
Respectfully submitted,
Kelly Tivnan
Planning Board Secretary
| 
