NOTTINGHAM PLANNING BOARD MINUTES
SEPTEMBER 20, 2006
PUBLIC HEARING
PRESENT: ABSENT:
Mr. Dave Smith, Chair Ms. Sandra Jones
Ms. Mary Bonser, Selectmen's Representative Mr. Scott Curry, Alternate
Mr. Mark Harding Mr. Skip Seaverns
Ms. Gail Mills
Mr. Peter Gylfphe
OTHERS PRESENT:
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Mr. Greg Stratis, Concrete Products of Londonderry
Mr. Peter Landry, Landry Surveying
Mr. Howard Clark, Property owner
Mr. Shawn Malone, Homestead Properties
Mr. Bob Shields, Homestead Properties
Ms. Traci Chauvey, Planning Board Secretary
The Chair called the meeting to order at 7:12 PM.
APPROVAL OF MINUTES:
The Board opened discussion on the minutes.
Ms. Mills noted a typo.
Mr. Gylfphe made a motion to approve the minutes from September 13, 2006, as amended. Mr. Harding seconded the motion. All in favor. The motion passed 4-0.
Mr. Harding made a motion to limit comments to 30 minutes. Ms. Mills seconded the motion. Mr. Gylfphe, Mr. Harding and Ms. Mills in favor. Mr. Smith opposed. Motion passed 3-1.
Ms. Bonser arrived at 7.18 PM.
BOND CONSIDERATION - GERRIOR DRIVE:
The Chair opened discussion on the Gerrior Drive Bond at 7:18 PM.
Mr. Smith stated that the bond expires October 20, 2006.
Mr. Malone stated they had had some delays with construction. They are paving tomorrow at 7 AM. Mr. Smith stated he was under the impression there was some confusion about whether or not the area where the utility poles had been taken out met compaction tests. Mr. Smith read for the record a letter from Mr. Malone, PE, regarding the process and materials used for those areas. He then asked if any inspections had been done since the poles had been removed. Mr. Smith stated that he was expecting a signed Engineer’s Liability letter. Mr. Malone stated that the letter Mr. Smith had read for the record was his Engineer’s letter.
Mr. Smith read for the record the letter received from Mr. Malone regarding the bond for Gerrior Drive. Ms. Beauchamp asked if Ray Wenninger, from RCCD, had seen the letters. Mr. Malone stated that he had seen the letter regarding compaction, however, the letter regarding the bond was mailed directly to Nottingham Planning Board. Ms. Beauchamp asked the Board if RCCD calculates how much is left and what the bond amount should be. Ms. Bonser stated she thought the Board had intended to ask RCCD what the cost would be. Mr. Smith indicated that due to recent changes within the office, he did not know if that had been done.
Mr. Smith told Ms. Chauvey that the Board would need documentation from RCCD to determine bond amount . Ms. Bonser informed Mr. Shields and Mr. Malone that Planning Board meetings are scheduled for October 4 and 20. Mr. Shields stated that October 4 would be best for them. Mr. Smith asked if there would be any other bond carried on beyond October 20. Mr. Malone stated that the letter Mr. Smith read for the record was their proposal and that they are calling it a maintenance bond. Mr. Shields stated that the proposal is for a whole new Letter of Credit. Ms. Bonser asked if all points of the existing Letter of Credit had been fulfilled. Mr. Malone reported that once paving is completed tomorrow, there will be approximately $35,700 worth of work to be done. He handed out a new schedule. He
pointed out that everything is to be completed by October 3, the day before the next meeting. Ms. Beauchamp asked if Homestead was scheduling a meeting with Ray Wenninger of RCCD on October 3. Mr. Shields stated they would. Ms. Beauchamp advised Mr. Malone and Mr. Shield that they would need to get Mr. Wenninger’s report to the Planning Board prior to the meeting. Mr. Smith confirmed that Mr. Malone and Mr. Shields were going to schedule the inspection with Mr. Wenninger. Mr. Smith asked Ms. Chauvey to forward the bond letter from Homestead to RCCD. Ms. Beauchamp asked Ms. Chauvey to forward a copy of the bond letter from RCCD to Mr. Shields when it is received.
Ms. Bonser inquired as to whether it is appropriate for the developer to copy RCCD on their correspondence. Mr. Smith stated he felt the copies should come from the Board. Ms. Beauchamp stated she felt it should be the Board’s responsibility, but that it did not hurt for the developer to copy them anyway. Mr. Malone stated he would copy his correspondence to RCCD.
Mr. Malone and Mr. Shields informed the Board that there was not a problem having one bond for Barrington, and a separate one for Nottingham.
Mr. Malone informed the Board that they have a new address. It is Gerrior Lane Trust, 155 Fleet Street, Portsmouth, NH.
Mr. Gylfphe made a motion to recess the hearing for Bond Consideration for Gerrior Lane Trust to October 4, 2006 at 7:30 PM. All in favor. Motion passed 5-0.
PUBLIC HEARING CONTINUANCE - MAP 3 LOT 2-2 - CASE #P06-08-SIT – CONCRETE PRODUCTS OF LONDONDERRY, INC.:
The Chair opened the public hearing on Case #P06-08-SIT, Map 3 Lot 2-2 at 7:30 PM.
Mr. Stratis appeared in representation of Concrete Products of Londonderry, Inc. He addressed Strafford Regional Planning Commission’s (SRPC) Compliance letter.
SRPC’s letter inquired about additional outdoor lighting. Mr. Stratis stated that he was not planning to propose any additional outdoor lighting.
SRPC’s letter recommended the original driveway permit from NHDOT be reviewed and abutter concerns be forwarded to NHDOT. Mr. Stratis stated he did not look into the original driveway cut. He intended to pave the first 70 feet into the driveway (50 or 60 feet wide) to stop road erosion. He handed out revised plans dated August 18, 2006. Ms. Bonser stated it would be nice to see the original DOT permit. Ms. Beauchamp and Ms. Chauvey stated they had looked but were not able to locate it at this time.
SRPC’s letter recommended a swale. Mr. Stratis stated that at the meeting in August, the Conservation Committee had expressed concerns about run-off. Ms. Bonser confirmed for the record that Mr. Stratis was proposing to pave only what is already there. Mr. Stratis stated that was true. He added that if he puts in a swale, as the Conservation Commission would like, at the bottom of the driveway, it may make the driveway a little smaller. Ms. Bonser asked if this would make it dangerous for traffic. Mr. Stratis said it would not. Ms. Bonser asked if Mr. Stratis would be providing new plans that show the swale. Mr. Stratis stated he would.
Ms. Beauchamp asked if the Town of Nottingham records site plans. Mr. Smith stated he did not believe so. Ms. Beauchamp stated that the Board should have a mylar for their records.
SRPC’s additional comments recommended that the berm be seeded. Mr. Stratis stated that the berm had been seeded a couple of weeks ago.
SRPC’s additional comments stated the plan should reflect the (shared driveway) easement. Mr. Stratis pointed out that Note #8 had been added to the plan.
SRPC’s additional comments referenced abutter concerns regarding noise and recommended that the Board request hours of operation. Mr. Stratis stated that he had written a letter stating that deliveries of cement or aggregate would only be accepted between the hours of 7:00 AM to 8:00 PM.
Mr. Stratis informed the Board that there is a fire cistern on Freeman Hall Road.
Mr. Stratis stated that actual size of the building is now on the plan.
Mr. Smith stated that he felt the Board should send a letter to the Conservation Commission. He felt they should have the newest plans showing the swale. Ms. Bonser asked Ms. Chauvey to give Mr. Demeritt a call when the new plans came.
Mr. Stratis confirmed that the Planning Board was aware that Concrete Products ZBA case had been cancelled.
Ms. Bonser asked Ms. Chauvey to find out if Rockingham County Registry of Deeds will record site plans. Mr. Smith informed Mr. Stratis that if the plan is going to be recorded it would need to be cleaned up. Ms. Bonser asked Ms. Chauvey to let Mr. Stratis know if the plan is to be recorded.
Mr. Gylfphe made a motion to record Site Plans going forward, if allowed by RCRD. Ms. Bonser seconded the motion. All in favor. Motion passed 5-0.
Mr. Gylfphe made a motion to recess the public hearing for the final approval of the site plan application of Concrete Product of Londonderry, Inc., Map 3 Lot 2-2, Case #P06-08-SIT to October 4, 2006 at 7:45 PM. Mr. Harding seconded the motion. All in favor. Motion passed 5-0.
PUBLIC HEARING CONTINUANCE - MAP 18 LOT 16-6 - CASE #P06-11-SUB – CLARK:
The Chair opened the public hearing on Case #P06-11-SUB, Map 18 Lot 16-6 at 7:55 PM.
Mr. Landry represented Mr. Clark who was in attendance. He stated they were here to address the Compliance letter from SRPC and handed out new plans.
SRPC’s letter stated Mr. Seaverns had noted that the conditions that were set in the previous application should be carried over to this application. Mr. Landry pointed out Note #6 on the new plan.
SRPC’s letter referenced a letter from Nottingham Fire Department clarifying that Lot 17 shall have a sprinkler system. That has been added as Note #7 on the plan. He also stated that the Board of Selectmen wanted to change the Lot number from 17A to 16-6. This was also added into Note #7 and had been changed under the Owners of Record. Mr. Landry made a specific point on the Lot number issue due to the letter from the Fire Department referencing Lot 17.
SRPC’s letter stated that a new construction line setback to the wetland would be added to the plan. Mr. Landry stated that had been done.
SRPC’s letter indicated the applicant was to supply an Impact Statement. Mr. Landry submitted an Impact Statement.
SRPC’s letter referenced Mr. Smith’s request that the phrase “See Plan Reference for Identified Natural Features” be added to the plan. Mr. Landry pointed out Note #8.
SRPC’s letter stated the applicant had agreed to show a 60K buildable area on the plan. Mr. Landry pointed out the 60K area.
SRPC’s additional comments stated that the ZBA conditions should be added to the plan. Mr. Landry pointed out Note #5, which had referenced the Decision letter. He added the specific conditions to the note.
Mr. Landry informed the Board that the street number of the Lot, from 911, is 323.
Mr. Gylfphe made a motion to approve the Subdivision Clarification Plan of Herbert and Ann Clark, Map 18 Lot 16-6, Case #P06-11-SUB. Mr. Harding seconded the motion. All in favor. The motion passed 5-0.
The Board Members signed the plans. Mr. Clark submitted his approval fee of $60.
OTHER BUSINESS:
Mail was distributed.
Mr. Smith went through the budget for the record. Board Members agreed to increase salary from $5250. to $9152.; dues and conferences from $350. to $400.; advertising from $300. to $650.; planning services from $4000. to $4800.; and, legal, engineering, o/s rev from $0 to $2000. Board Members agreed to decrease office supplies from $900. to $500.; equipment from $938. to $500.; mileage from $175. to $100; and, misc. from $100. to $1.
Ms. Bonser, Ms. Mills, and Mr. Harding requested to have Town and City delivered to their home addresses.
Ms. Bonser asked Ms. Chauvey to see if dues for Planning Services had been paid.
Ms. Chauvey informed the Board that Mr. Brown and the Board of Selectmen are in agreement with the policy change requested regarding the taking in of applications and opening of mail.
Ms. Chauvey stated she sent a memo to Mr. Wright regarding the MPO appointment, however, she had not heard back from him. She asked the Board if they wanted follow up. Ms. Bonser asked Ms. Chauvey to see if the Building Inspector was interested.
Mr. Smith read for the record a memo from Charles Brown, Town Administrator, regarding liability on site walks. Ms. Beauchamp stated she felt all members should go on site walks, however, there should not be any discussion. Ms. Bonser said she was concerned about the public and wondered if the Town should have a disclaimer. Mr. Smith stated he did not want to try to override the State’s authority on this subject. Ms. Bonser stated the Board should be informing property owners that they assume liability for the public on site walks.
Mr. Smith read for the record a letter from Ms. Diane Kirkwood in regards to traffic and USA Springs. Ms. Bonser asked Ms. Chauvey to send Ms. Kirkwood a response letter. Mr. Smith stated that the approval for USA Springs stated that no traffic will go down certain roads. He asked Ms. Chauvey to include that information on the letter to Ms. Kirkwood.
Mr. Smith stated he had spoke with Attorney Teague about the conditions discussion. Mr. Teague had heard back from Attorney Soltani. He would like to meet with the subcommittee, formed from Planning Board Members, next Wednesday at 7:00 PM. Ms. Smith stated he was not sure who was appointed to the subcommittee. He thought it was himself, Ms. Jones, Ms. Bonser, and Mr. Gylfphe. Mr. Smith also stated they had been granted an extra 30 days from the Court.
Ms. Chauvey informed the Board she had contacted the applicant who submitted the unsigned application. He was informed that the application would not move forward without signatures. The applicant stated he would get signatures for her. There has been no follow up.
Ms. Mills made a motion to adjourn the meeting. Mr. Gylfphe seconded the motion. All in favor. Motion passed 5-0.
Meeting adjourned at 9:10 PM
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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