NOTTINGHAM PLANNING BOARD MINUTES
FEBRUARY 21, 2007
PUBLIC HEARING
Approved March 21, 2007
PRESENT: ABSENT:
Mr. Dave Smith, Chair Ms. Sandra Jones
Mr. Skip Seaverns, Vice-Chair (arrived @ 7:27 PM) Mr. Scott Curry, Alternate
Mr. Mark Harding
Mr. Peter Gylfphe
Mr. Mary Bonser
Ms. Gail Mills
OTHERS PRESENT:
Mr. Daniel Mather, Property Owner
Mr. Hank Murphy, Greater Seacoast Habitat for Humanity
Mr. Bob Jaquith, Greater Seacoast Habitat for Humanity
Atty. Christopher Boldt, DTC
Ms. Celia Abrams, Conservation Commission
Ms. Cheryl Smith, Conservation Commission
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Ms. Traci Chauvey, Planning Board Secretary
Chair Smith called the meeting to order at 7:06 PM and explained to those present for the Habitat for Humanities/Mather case that the two cases scheduled prior them have requested continuations, however, the public hearing on their case could not begin until the posted time of 7:45 PM.
Ms. Beauchamp asked Board Members to review the contract from Strafford Regional Planning Commission for the Planner position. She stated she felt the Board should reconsider #3 on the Planning Services page. She feels the Board is rolling along and that her time would be better spent in her own office. Ms. Bonser inquired as to how she would get the data she needed for Compliance Review. Ms. Beauchamp stated she could get copies on the night of approval. Mr. Seaverns suggested they change it to say something like, “…as needed by the Planning Board and agreed upon by the Planner.” All members concurred. The Board informed Ms. Beauchamp they would review the contract and discuss it at the next meeting. Ms. Bonser asked Ms. Chauvey to pass a copy of the contract on to Town
Administrator, Charles Brown.
Ms. Mills stated she would like to have impact fees placed on the task list for the upcoming year. She would like to form an ad-hoc committee to study growth in Nottingham. She realizes the school is budgeting for a study this year, however, she feels it would better serve the Town to have an over-all study of growth done, not just in regards to the school system. Ms. Mills stated the biggest concern is tracking of the fees and she feels with the software programs available today, this should not be an issue. Ms. Bonser mentioned that the Board of Selectmen plan to look at private roads this year and she believe this would tie into such a study. Chair Smith stated he is not clear on the process of implementing impact fees and asked Ms. Beauchamp to gather and distribute this information to Board Members.
Ms. Bonser stated that an extensive study had been done sometime ago, and it was decided that the income generated by impact fees would be less than the cost to implement and maintain such a system. Mr. Seaverns noted that items that drive impact fees are proportional and generally not items on the Capital Improvement Plan. He also noted that funds have to be used within 6 years or they have to be returned. Ms. Mills stated she would like to see the study.
Ms. Mills confirmed duties on the work study job description with members of the Board. She reported she will move it along to Mr. Brown.
APPROVAL OF MINUTES:
There were no copies for Board Members to review.
PUBLIC HEARING CONTINUANCE – WITHAM, JONATHAN & MARY PAIGE – LEDGE FARM ROAD - MAP 59 LOT 37 - CASE #P07-03-SUB:
The Chair opened the public meeting on Case #P07-03-SUB, Map 59 Lot 37 at 7:35 PM.
Ms. Chauvey informed the Board that Mr. Witham submitted a letter requesting a continuance because their Surveyor, Mr. Landry, was away on vacation. Chair Smith read the letter for the record.
Ms. Bonser made a motion to recess the hearing of a subdivision application of Jonathan & Mary Paige Witham, Ledge Farm Road, Map 59 Lot 37, Case #P07-03-SUB until March 7, 2007 at 7:45PM. Mr. Gylfphe seconded the motion. All in favor. Motion passed 6-0.
PUBLIC HEARING CONTINUANCE – RSL LAYOUT & DESIGN FOR BLUE FIN DEVELOPMENT – KENNARD ROAD - MAP 11 LOT 7 - CASE #P06-09-SUB:
The Chair opened the public meeting on Case #P06-09-SUB, Map 11 Lot 7 at 7:40 PM.
Chair Smith read for the record a request for a continuance. The applicant was going to appeal an earlier decision of the Zoning Board of Adjustment, at the request of the Conservation Commission.
Mr. Gylfphe made a motion to recess the hearing of a subdivision application of RSL Layout & Design for Blue Fin Development, Kennard Road, Map 11 Lot 7, Cast #P06-09-SUB until March 21, 2007 at 7:30 PM. Ms. Bonser seconded the motion. All in favor. Motion passed 6-0.
PUBLIC HEARING CONTINUANCE – GREATER SEACOAST HABITAT FOR HUMANITY FOR MATHER, DANIEL FRED – OLD TURNPIKE ROAD - MAP 16 LOT 31 - CASE #P06-16-SUB:
The Chair opened the public meeting on Case #P06-16-SUB at 7:45 PM.
Attorney Boldt spoke on behalf of Habitat for Humanity. He confirmed that the Board had received revised plans and stated that he had not received anything from the Fire Department at this time. Chair Smith read for the record a letter from Ms. Heidi Carlson, Deputy Chief, Nottingham Fire Department. Ms. Beauchamp noted that a separate, clearly identified 9-1-1 number be assigned to the ancillary apartment in Mr. Mather’s home, removal of the tires, and relocation of the campers were the three issues addressed in the Fire Department’s letter. Chair Smith noted that there was not a direct statement regarding fire protection recommendation for the lot being subdivided for Habitat for Humanity. Attorney Boldt stated he felt the letter indicated there were no recommendations for this lot because none was made.
Chair Smith asked Ms. Chauvey to send a letter to the NFD asking for clarification on recommendations for the lot in question.
Chair Smith read for the record a letter from the Conservation Commission.
Chair Smith read for the record site walk comments submitted by Board Member Mr. Seaverns.
Ms. Beauchamp noted her concern with the tires stating that should a fire occur, not only would it be difficult to stop but the oil emitted from the tires would sink and contaminate ground water.
Chair Smith addressed Strafford Regional Planning Commission Compliance Review. The Compliance Review noted that Subdivision Regulations require the total buildable area be shown on the plat in square feet or acres. Attorney Boldt stated the new plats had been changed and noted as requested at the last meeting. Mr. Seaverns did not agree, however, accepted the plan as noted.
SRPC’s Compliance Review noted that the new septic system on Lot 31 was within 50’ setback to the wetlands. Attorney Boldt confirmed that the leach field for the new system is closer than 50’ to the wetlands. He stated it is already in and has been approved by both the State of NH and the Building Inspector. Mr. Seaverns asked Ms. Chauvey to send a memo to the Board of Selectmen for follow up on this issue.
SRPC’s Compliance Review noted that the well radius for proposed Lot 31-1 was within the 50’ setback to the boundary line and the wetland. Attorney Boldt stated this issue had been addressed at the February 7th meeting and he felt the placement of this was expressly approved. Ms. Beauchamp informed the Board that Note 5 of the review addressed the issue of an easement and none was required. Attorney Boldt stated that Mr. Mather had authorized him to grant a dedicated well easement, if the Board requested. Chair Smith stated the Board would like to either have the well moved or have an easement.
Mr. Seaverns stated that the bounds were not in and that either the legend on the plat needed to be changed and a Certificate of Monumentation stating they will be set as shown on the plat by June 1, 2007 needs to be obtained or a Certificate of Monumentation stating they have been set as on the plat needs to be obtained.
In reference to the man-made features issue addressed in SRPC’s Compliance Review, Mr. Seaverns noted that Lot 12 did not have a curb-cut. Mr. Mather reported that the driveway on the opposite side of the street is more than 100’ from his property.
SRPC’s Compliance Review noted that the second test pit for proposed Lot 31-1 is outside the buildable area. The Board reviewed the plat and found there to be two acceptable test pits.
Chair Smith noted that the 4K area for Lot 31-1 is shown outside the building setbacks when it could easily be moved within the setbacks. Ms. Bonser stated she is against moving it.
State Subdivision Approval has been received.
SRPC’s Compliance Review recommended that “To be relocated” be added to the location of the camper. The Board agreed.
SRPC’s Compliance Review recommended sealing the former well. The applicant declined.
SRPC’s Compliance Review recommended a second sheet for recording. The Board did not agree a second sheet was required for recording as there will be one in the Planning Office.
Ms. Bonser noted that Note 5 on the plat references Lot 35-1 but should be 31-1.
Chair Smith recommended that a note be added to the plat stating the tires will be stored according to State regulations. Board Members concurred.
Attorney Boldt asked to receive copies of the letter from Nottingham Fire Department, the State Subdivision Approval and a new copy of the Zoning Ordinances, stating the copy he paid for was not current.
Mr. Gylfphe made a motion to recess the hearing of a subdivision application from Greater Seacoast Habitat for Humanity for Daniel Fred Mather, Case #P06-16-SUB, Map 16 Lot 31 to March 7 at 7:20 PM. Ms. Mills seconded the motion. All in favor. Motion passed 6-0.
OTHER BUSINESS:
Mr. Seaverns read for the record the synopsis he wrote to explain the Warrant Article for the Building Code change.
Mr. Gylfphe noted that the change requested for Section II A should read, “The Building Inspector shall not issue a Certificate of Occupancy…,” and not “…a Building Permit….” Mr. Seaverns stated that the hearings have been held and the wording cannot be changed.
Ms. Chauvey informed the Board that the Building Inspector had told her that the change to the Building Code should not promote renumbering of existing codes, nor should the numbers of items being deleted be reused for new items to be added in to the building codes. If an Article/Section is rendered null and void by a vote, the Article/Section number should remain in the Ordinances and next to it should be the word ‘Deleted’ and the date of the vote. Mr. Seaverns stated that the Planning Board had made a mistake at the public hearing when addressing the renumbering issue in the motion. He stated that the Board needs to move forward to correct that mistake. Items will not be renumbered. Articles/Sections that are rendered null and void after the vote will have the word deleted next to them with the
date of the vote. Any new items being added will be given a new number. Board Members concurred.
Mr. Seaverns stated that the synopsis should be posted on the web site and the bulletin board at the Town Offices and copies should be available at the polls.
Chair Smith made a motion to accept the Building Code synopsis, as written. Ms. Bonser seconded the motion. All in favor. Motion passed 6-0.
Ms. Chauvey asked the Board to review the response from the ZBA regarding clarification of their decision on the application from Jonathan and Mary Paige Witham for Map 59 Lot 37. Mr. Seaverns stated that the ZBA’s decision letter stops the Planning Board from making any changes to the subdivision being presented to them. He clarified his point stating that the Zoning Board was not looking at an approved subdivision when their decision was rendered, however, the decision states, “…no more subdivision of the parent lot.” Ms. Bonser stated she did not feel the ZBA had that intention. Ms. Mills stated she felt the Planning Board should address the Zoning Board on this issue and not just carry on as usual. Ms. Bonser disagreed stating she felt the Planning Board should just carry on as usual. Ms. Mills stated issues will not be resolved if not addressed.
Chair Smith set a workshop on the Subdivision Regulations for February 28, 2007.
Mr. Gylfphe made a motion to adjourn the meeting. Chair Smith seconded the motion. All in favor. Motion passed 6-0.
Meeting adjourned at 10:10 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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