NOTTINGHAM PLANNING BOARD
June 18, 2008
PUBLIC SESSION
APPROVED & AMMENDED
Type of Meeting: Regularly Scheduled
Method of Notification: Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location: Nottingham Municipal Building
Members Present: Mr. Dave Smith; Chair, Mr. Peter Gylfphe; Vice Chair,
Mr. Scott Canney, Mr. Skip Seaverns,
Mr. Bill Netishen; Selectmen’s Representative,
Ms. Traci Chauvey; Alternate Member,
Members Absent: Ms. Sue Mooney, Bob Davidson
Others Present: Mrs. Lisa Sears; Land Use Clerk, Pastor George Jackman, Russell Post, John Terninko, Chris Mills, Dave Noyes; Surveyor, Chet Batchelder, Ronald Batchelder
Vice Chair Gylfphe introduced himself and called the meeting to order at 7:15pm. Chair Smith arrived at 7:16pm and conducted the rest of the meeting.
Concept Discussion– Pastor George Jackman, Higher Ground Baptist Church, Foyer Addition with steeple and site improvements – 100 Old Turnpike Road- Map 4 Lot 8
Mr. Post discussed their ideas for adding a 18’ x 20’ foyer structure with steeple and 38” antique bell, a garage/storage shed, and new sign. He provided rough sketches of the steeple design and its structure (foyer) inside and out, and photo of bell and brochures on garage design and sign design ideas. They noted that the new foyer and garage would be less square footage than the house that was on the lot that they removed. The Church is 30’ x 40’; two stories with a 10’ x 12’ foyer that they believe is too small. They discussed the property and its improvements; including that they encourage community to use the facilities (ball fields, etc) as well and noted that they are starting a new afterschool program. They discussed that their budget as very minor and asked the Board if
they needed to have a full site plan review for these ideas or was it covered under the site plan that they already had done originally.
The Boards concerns were the height of the steeple and advices that they may need to go before the ZBA. Mr. Post agreed to not put up the steeple until they have whatever they may need from the ZBA. The discussion was also around if the previous site plan review would cover these improvements or was a new site plan review needed, or was a new application needed.
Mr. Seaverns stated that this property/project comes under III. A. 2. of the Zoning Ordinances (Commercial/Industrial). Mr. Post acknowledged that they would probably go before the Zoning Board for the height of the steeple and the electronic sign.
Chair Smith had concerns if there was enough parking, and increased traffic. He also noted that there has been a site plan review already on this project.
Mr. Gylfphe stated that they are only asking for a minor addition to the building with steeple/bell and a storage shed and sign. Mr. Seaverns asked if the current site plan covers the impact of these items that they are proposing. Mr. Gylfphe stated that he believes it does; because the old home that was taken down is smaller than what they are proposing(foyer/addition). He also noted that as long as the building inspector agrees and they meet all of his requirements.
Mr. Post noted that there would be little to no new traffic with these improvements. Mr. Seaverns noted his only concern was if items were counter to what was in the current site plan review, as he was not on the Board when they had that review. The Board suggested that the electronic sign would have to go before the ZBA and could be done at the same time as any variance for the steeple if needed.
Mr. Netishen had concerns for enough parking. Mr. Post noted that they have increased parking and will soon have more spaces when a basketball court is completed. The Board noted that parking spaces were not an issue in the site plan review. The property has 20 acres, no visible neighbors, 40% more parking than proposed.
Mr. Post and Pastor Jackman showed the Board the sign ideas. They offered the Town use of the sign for town events and announcements for a percentage of the time. Lighting was discussed. The Board suggested having a more defined design and lighting design/details before going before the ZBA. Mr. Netishen cautioned that there are lighting and sign ordinances and that area of town is sensitive to these issues. Mr. Post noted they would like the electronic sign because it was quicker and easier to change, especially in winter.
Mr. Post also stated that he has spoke to the Town’s Emergency Director about using the Church as an emergency shelter if needed.
Mr. Canney commented that the Board had acknowledged that this church was going to grow when the site plan was reviewed. Mrs. Sears noted that this was a conceptual discussion and nothing was binding. The Board concluded that unless one of these issues, like the sign not being allowed, was noted in the site plan review then they believe that a new site plan review was not needed. Mr. Netishen was concerned for abutters, but Mr. Post noted that no abutters were close and explained the locations of each of them. He noted that the use of the property has been a huge improvement, and these are just improvements, but the sign would have to go before the ZBA.
Chair Smith and Mr. Seaverns briefly discussed how a similar case was handled. Mrs. Sears will review the site plan review and related minutes to see if there are any of these concerns, if there is, she will notify Mr. Post and the Board. Mr. Seaverns noted that the site plan review regulations do not have any references for a situation like this. He suggests correcting that in an upcoming review of the site plan review. The Board concluded that they don’t need another site plan review unless there is a major concern/issue in the current site plan. The Board also would like the building inspector’s input on this issue. Mr. Post and Pastor Jackman thanked the Board.
Chair Smith opened the next discussion:
Concept Discussion– Chester & Ronald Batchelder, Subdivision of 2 lots/boundary line adjustment- 3 Case Road-Tax Map 24 Lot 136 & 135.
Mr. Batchelder introduced David Noyes, the original surveyor who surveyed the property for Chester and Ronald Batchelder’s father back in the early 1970’s. They reviewed diagrams of the property and Mr. Noyes explained that the brothers would like to divide the inherited property equally (approximately 23 acres) and merge with Ronald’s portion with his existing lot. He stressed that there would be no new lots created, also noting the 23 acres are in current use and even after they would remain in current use; they would keep out of current use the portion of the Ronald’s existing home.
Mr. Noyes explained he was before the Board to discuss things that are required in a subdivision (he read from the subdivision regulation checklist). He believes this is a simple issue. He noted the property is flat and that the requirement for contours would not aid the board in making a decision and would cost the Batchelder’s a large amount of money. He wanted the Board opinion on a waiver for this and for the 2 test pits for each lot. He noted both lots will have greater than 10 acres, the State would not require them for over 5 acres, and both proposed new lots have existing septic systems on them. The existing larger lot that will be divided had a home with septic system on it that was built in 1980’s but burned down in the January 2005. There was brief discussion was on the possible new lot line, and
the location of the existing shed.
Mr. Seaverns noted that nothing discussed tonight was binding. Mr. Noyes agreed, and again noted that the contours if he had to do them would not aid in the board’s decision. Mr. Canney noted that the contours of the property did not change much. The Board discussed doing spot elevations, also noting easements, right of ways, location of old septic system and foundation, water course, etc around key areas of the property. Mr. Gylfphe noted when there is an application the board could entertain letters requesting waivers to the requirements.
Mr. Noyes noted again that although this was a subdivision it was not for development but just for the transfers of property equally for the current owners and their heirs. They also indent to keep the property in current use as well. He also noted that these lots have been buildable. Mr. Noyes and Mr. Chet Batchelder thanked the Board for their input.
USA Springs auction/update
The Board agreed to hear Mr. Chris Mills, 76 Gebig Road. Mr. Mills wanted to inform the Board that the property known has US Springs was going to be auctioned off soon. He noted that their building permit expires in late July of this year, and any new owner would need to reapply. He reviewed the events associated with the property noting that the Planning Board granted site plan approval with conditions in November 2005. He noted that the Court instructed the conditions to be worked out and asked for minutes for any meeting where conditions were worked out. Chair Smith noted that that was a meeting with <town> counsel and was not a public meeting where RSA 91-A right to know law apply. Mr. Mills disagreed. They discussed RSA 91A2.i. (pg 115; New Hampshire Planning and Land Use Regulations)
Mr. Seaverns noted no decisions or actions were made by this Board, in the meeting with counsel. Mr. Gylfphe noted that any court ordered conclusions made with the court would be a mater of public record down at Rockingham County Court.
Mr. Mills read from the recent Water Ordinance approved by voters in March 2008. (Sections 4, 7.8) and his interpretation of what that ordinance means; including that ignoring the ordinance, or failure to enforce it, would be in violation of it and they <Planning Board> would be held liable.
Chair Smith also read a letter dated June 21, 2007 from Attorney John Teague, Upton & Hatfield in regards to what a meeting of counsel was. Mrs. Sears will send a copy of the letter to Mr. Mills.
Point of order: Traci Chauvey joined the meeting at 8:45pm, during the next discussion. Ms. Chauvey was seated for Mr. Davidson.
Review of Minutes
May 21, 2008
MOTION by Mr. Netishen to approve the minutes as written
Second by Mr. Canney
VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
May 28, 2008
MOTION by Mr. Netishen to approve the minutes as written
Second by Mr. Canney
VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
Old Business
Mrs. Sears noted that the memo to the BOS requesting the official map be updated was sent. She also updated the status of minor day to day business items.
MOTION by Mr. Netishen to adjourn the meeting at 8:45pm
SECOND by Mr. Gylfphe
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The next schedule meeting is a workshop on June 25, 2008.
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.
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