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Planning Board Minutes 12/06/2006
NOTTINGHAM PLANNING BOARD MINUTES
DECEMBER 6, 2006
PUBLIC HEARING



PRESENT:        ABSENT:
Mr. Dave Smith, Chair   Ms. Sandra Jones
Mr. Peter Gylfphe       Mr. Scott Curry, Alternate
Ms. Gail Mills
Mr. Skip Seaverns
Mr. Mary Bonser
Mr. Mark Harding


OTHERS PRESENT:
Mr. Sam Demeritt, Conservation Commission       Mr. Daniel Mather, Resident
Ms. Susan Mooney, Conservation Commission       Mr. Donald J. Belletete, Abutter
Ms. Celia Abrams, Conservation Commission       Mr. Ken Moore
Ms. Catherine Ladd, RSL Layout & Design Mr. Raymond Howard, Resident
Mr. Jonathan Daniels, Applicant Mr. Bob Hoffman, Resident
Mr. Chris Boldt, Donahue, Tucker & Ciandella    Ms. Salandrea Patrizi, Resident
Ms. Pat Moore   Mr. Dave Masison, Abutter
Mr. Russell Moore


The Chair called the meeting to order at 7:05 PM.

APPROVAL OF MINUTES:
The Board opened discussion on the minutes.

Ms. Chauvey asked the Board to review the minutes of the November 29 meeting but not vote on them tonight.  Ms. Bonser referred to the paragraph regarding site walk liability.  She stated that she confirmed with Mr. Brown that the Town is only liable for Board Members on a site walk and that the property owner was liable for the public.  The minutes from 11/29 had this reversed.  Mr. Seaverns suggesed a change to the introduction to the Conservation Commission since they came to speak about communication between the committees and not about a specific case.  Ms. Chauvey stated she would make these changes and send new copies to the Board for approval at the next meeting.


CONSERVATION COMMISSION:

Mr. Smith read for the record a letter from the Conservation Commission requesting that all subdivision proposals be forwarded to the Conservation Commission as they come in.  Ms. Chauvey stated that she has started e-mailing every meeting notice and agenda to the Conservation Commission Members, allowing them the opportunity to come to the office to review the upcoming files.  Ms. Bonser stated that the Planning Board would need to discuss whether plans and pertinent data should leave the office.  Ms. Beauchamp suggested that the applicant be told to visit with the Conservation Commission, at their convenience, before they apply to the Planning Board.  Ms. Beauchamp stated that process could be added into the flow chart of the new application.


PUBLIC HEARING CONTINUANCE - MAP 11 LOT 7 - CASE #P06-09-SUB – BLUE FIN DEVELOPMENT:
The Chair opened the public hearing on Case #P06-09-SUB, Map 11 Lot 7 at 7:20 PM.

Mr. Smith asked Ms. Ladd if she had any updates for the Board.  Ms. Ladd stated she had received the letter from the Fire Department.  She stated driveway permits had not been applied for because they are still waiting on the dredge & fill application.  Ms. Bonser inquired about the granite bounds.  Ms. Ladd stated those would not be set until the applicant was ok with the other issues still pending.

Mr. Smith informed Ms. Ladd that the Planning Board had received a copy of a letter from the Division of Historical Resources regarding this application.  Ms. Ladd stated she was not aware of the letter but would follow up with Mr. Steve Bibeau at RSL to see if he had addressed it.  Ms. Ladd asked for a copy of the letter.  Ms. Chauvey stated she would provide one before Ms. Ladd left.

Ms. Mooney asked if it was possible for the applicant to revisit the ZBA with the woods road crossing application.  Mr. Seaverns stated that an applicant can go back in front of the Board with an application that provides more information.  Ms. Bonser stated that would give other Committees and Boards a chance to have input.  Ms. Bonser asked Ms. Chauvey to e-mail ZBA notices to the Planning Board Members.

Ms. Ladd asked for a continuance of this application stating that if the dredge & fill approval had not been received by the next meeting, she would call that morning to let the Board know they would not be attending.

Mr. Mooney stated that the plan submitted with the dredge and fill application showed the water crossing as being much smaller than it actually is.  Ms. Ladd noted, upon review of the plan with Ms. Mooney, that the scale of the plan they were looking at was actually 1”=20’, not 1”=50”.  She also noted that the plan Ms. Mooney was referring to is not the current working plan.  

Mr. Gylfphe made a motion to continue the hearing for the subdivision application from Blue Fin Development, Map 11 Lot 7, Case #P06-09-SUB until December 20, 2006 at 7:35 PM.  Mr. Seaverns seconded the motion.  All in favor.  Motion passed 6-0.


PUBLIC HEARING CONTINUANCE - LEONARD GILES REVOCABLE TRUST - MAP 17 LOT 31 - CASE #P06-15-SUB:
The Chair opened the public meeting on Case #P06-09-SUB, Map 17 Lot 31 at 7:55 PM.

Mr. Smith confirmed with Ms. Ladd that the Board was reviewing the same plan from the last meeting.

Ms. Ladd stated there has been one major change since the last meeting in that Mr. Howard, who owns the property that is going to provide this subdivision with an “out” but who was not ready to move forward with his subdivision, now plans to move forward and time his subdivision with this one.  She stated that this will provide road design review for the entire project from the beginning.  

Mr. Gylfphe asked Ms. Ladd if she knew the size of the landlocked Town property shown on the plat.  Ms. Ladd stated it was probably at least 5 acres.  She also reported that Mr. Giles intended to put in an access road to that piece of property for the Town.  Ms. Bonser confirmed that there are 23 proposed lots.  Mr. Smith voiced concerns that proposed lots 12 & 13 would use the access road to access their lots.  Mr. Seaverns pointed out that without the access road, and unless the access road was a class five road, lot 12 did not have 200’ of road frontage.  Mr. Seaverns also indicated that that would be a dead-end road and not allowed.

Ms. Ladd stated the main reason for coming before the Planning Board with a design review for this was because Mr. Howard was not ready to move forward and Mr. Giles wanted to get feedback on the proposal without the “out” road.

Mr. Seaverns suggested that the applicant’s schedule a meeting with the Conservation Commission once they get closer to the applications for subdivisions.  Ms. Mooney told Ms. Ladd it was best to make an appointment and that they meet on the second Monday of the month.

Mr. Smith asked if anyone had any comment.  Ms. Beauchamp stated that she thought giving the Town access to the landlocked piece of property was a good idea.  The only concern she had was buildable area, but the Board would have to work that out.


PUBLIC HEARING CONTINUANCE – DANIELS, JONATHAN & LISA - MAP 1 LOT 70 CASE #P06-14-SUB:
The Chair opened the public meeting on Case #P06-14-SUB, Map 1 Lot 70 at 8:15 PM

Mr. Landry stated the copies he handed out this evening had the changes made from the last meeting.  He stated that they had received the letter of recommendation from the Fire Department.  He also brought a copy of the Deed for the road and clarified the 50’ private right of way with a note.  Mr. Landry stated they had not yet received the approval for dredge and fill.  He stated he still needed to verify lot numbers and obtain 9-1-1 numbers from the Selectmen’s Office.  

Ms. Beauchamp stated that Mr. Landry had covered most of the issues addressed in Strafford Regional Planning Commission’s Compliance Report.  Her only question was whether the Board was ok with the wording of the proposed driveway for Lot 70C.  Mr. Masison inquired about the driveway and Mr. Landry explained that it was possible for someone to subdivide this lot again, in the future.  If this were to happen, the proposed driveway for Lot 70C would then become a shared driveway.  Mr. Landry stated that because of Zoning, this Lot would not be able to be subdivided again for another 4 years.

Mr. Smith inquired about SRPC’s comments regarding Plan Reference Number 1, Note 4.  Mr. Landry stated that the note was directing the reader to see another plan.  Mr. Seaverns suggested Mr. Landry put “See Note 7” under private way or under Lake Road.  Then put “See Plan Reference Number …” to cut down on wording on the plan.  Mr. Landry stated he would put it however the Board wanted.

Mr. Smith read the letter from the Fire Department recommending sprinkler systems in the new houses and driveway’s at a minimum of 12-feet in width.  Mr. Seaverns stated he felt the letter should read “habitable structures” not “all new houses.”

Mr. Landry asked if the Board wanted to do a site walk.  Mr. Seaverns and Mr. Smith made arrangements for Saturday, December 23rd, at 8:00 AM.  

Mr. Gylfphe made a motion to continue the hearing for Jonathan and Lisa Daniels, Cooper Hill Road, Map 1 Lot 70, Case #P06-14-SUB to January 3, 2007 at 7 15PM.  Mr. Harding seconded the motion.  All in favor.  Motion passed 6-0.

Mr. Seaverns questioned whether this case was close to the 65 day limit.  The application was accepted November 15th.  Next meeting falls within the timeline.  


PRELIMINARY HEARING – PATRIZI, SALANDREA, 80 STAGE ROAD, MAP 42 LOT 20:

Ms. Patrizi explained that she had gotten approval and opened a business in her barn at 80 Stage Road back in 1983.  She operated her business, The Mustard Seed, selling natural herbal products from this location for approximately 3 years before moving it to Portsmouth.  She has been in Portsmouth for approximately 22 years and is considering down-sizing and moving it back to her barn.  Several Board Members remembered her business.  

Mr. Smith asked Ms. Patrizi if she would have employees.  Ms. Patrizi responded that she would have one associate.  Mr. Smith asked if she would have a sign.  Ms. Patrizi stated she would.  Mr. Smith informed her that she would need to apply for a major home occupation.

Mr. Seaverns inquired about the prior approval.  Ms. Chauvey explained that the only paperwork that could be found was minutes for a preliminary hearing and a list of approvals for the month, no minutes to indicate what was approved.

Ms. Patrizi inquired as to what her next step should be.  Mr. Seaverns told her she should fill out a major home occupation application and come back before the Board.  Ms. Patrizi was referred to Ms. Chauvey for the application and process.  Ms. Patrizi inquired about notification of abutters.  She borders Dunbarton Estates.  Ms. Beauchamp stated she would look into it, however, she felt that notification was required to the Home Owners Association only.  Mr. Seaverns stated he felt by rights the Board was required to notify all people in the Home Owners Association.  He stated that he felt if the Board was required to only notify the Home Owners Association, then they should take it upon themselves to also notify all people in that association by regular mail.  Ms. Bonser concurred.


PRELIMINARY HEARING – MATHER, DANIEL 246 OLD TURNPIKE ROAD, MAP 16 LOT 31:

Mr. Mather left the meeting earlier stating he had his question answered.  Ms. Beauchamp informed the Board that Mr. Mather came to inquiring about the 4 year timing for subdivisions and had received his answer when the Board was speaking to Mr. Masison regarding the proposed driveway for Lot 70C on Cooper Hill Road.


OTHER BUSINESS:

Mail was distributed.

Ms. Beauchamp inquired as to what issues the Board Members wanted her to work on for Zoning changes.  She polled the Board on capping retail building size.  Ms. Bonser, Ms. Mills, and Mr. Harding were in favor of discussing this issue.  Mr. Gylfphe, Mr. Smith, and Mr. Seaverns were not.  The issue was tabled.  Ms. Beauchamp polled the Board Members on limiting the number of signs and sign setbacks.  Ms. Beauchamp recommended a $1 permit fee to track signs.  Mr. Seaverns stated that would require enforcement.  Ms. Beauchamp stated she felt if it was not going to be enforced, it should be put in the Subdivision and Site Plan Regulations, instead of Zoning.  Mr. Gylfphe, Ms. Bonser, Ms. Mills, and Mr. Smith stated they would like to have a discussion on the sign ordinances.  Ms. Beauchamp asked each of them to e-mail her with their concerns and what they would like to review.

Ms. Beauchamp stated she had checked the August 30th minutes and Mr. Teague had stated that the error in the sign ordinance could be removed without a Town vote.  It was a clerical error.

Mr. Seaverns reported that Attorney Teague is working on a new “conflict” paragraph for the proposed new application.

Ms. Mills made a motion to adjourn the meeting at 10:00 PM.  Ms. Bonser seconded the motion.  All in favor.  Motion passed 6-0

Ms. Chauvey presented the Board with the meeting schedule for 2007 stating that July 4th, was the first Wednesday, so the meeting dates for July would be the 11th and the 18th.  

Mr. Smith stated there would be a workshop next week on the application, signs, and buildable area.  

Meeting adjourned at 10:00 PM.


Respectfully submitted,
Traci Chauvey
Planning Board Secretary