NOTTINGHAM PLANNING BOARD MINUTES
MARCH 7, 2007
PUBLIC HEARING
Approved March 21, 2007
PRESENT: ABSENT:
Mr. Dave Smith Ms. Sandra Jones
Mr. Skip Seaverns Mr. Scott Curry, Alternate
Mr. Mark Harding
Mr. Peter Gylfphe
Mr. Mary Bonser
Ms. Gail Mills
OTHERS PRESENT:
Mr. Brian Salas, PSNH Arborist
Atty. Chris Boldt, DTC
Mr. Bill Powell, Resident
Mr. Hank Murphy, Greater Seacoast Habitat for Humanity
Mr. Daniel Mather, Property Owner
Mr. Peter Landry, Surveyor
Mr. Matthew Young, Builder
Mr. Chris
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Ms. Traci Chauvey, Planning Board Secretary
Chair Smith called the meeting to order at 7:04 PM.
APPROVAL OF MINUTES – February 28, 2007:
Mr. Gylfphe noted that the reference to the cistern holding tank, on Page 2 should say 30,000 gallons of water. Ms. Mills noted that the tenth line down in the second paragraph on the same page should say “…cisterns when the…”. Mr. Seaverns asked Ms. Chauvey to insert the word ‘process’ in the first paragraph, ninth line down. Ms. Bonser noted that the fourth line down in the last paragraph on Page 2 should say, “…and has their…”. Chair Smith noted that Ms. Mills was not present for the motion and vote regarding the notice of meetings and should be removed as having voted. Ms. Bonser asked Ms. Chauvey to clarify the ninth sentence in the second paragraph on Page 2 with the words, “for family” and “because of the increased
cost.”
Chair Smith asked Ms. Chauvey to start using the new agenda format as soon as possible.
Mr. Gylfphe made a motion to accept the minutes of the workshop held on February 28, 2007, as amended above. Ms. Bonser seconded the motion. All in favor. Motion passed 6-0.
PUBLIC HEARING – PSNH – SCENIC ROAD TREE MAINTENANCE:
Chair Smith opened the hearing at 7:10 PM
Mr. Brian Salas represented PSNH stating he had come to answer any questions the Board may have. Ms. Bonser inquired about the wood. Mr. Salas stated that they do not cut until they have contacted the property owner and that they only remove the wood if the owner requests. Mr. Salas stated the trees were located on Case Road, Mitchell Road, Gile Road, Poor Farm Road, and Ledge Farm Road. Ms. Bonser asked when they plan to start. Mr. Salas replied they would start as soon as they received approval. Ms. Bonser inquired as to who would be doing the trimming. Mr. Salas replied that it would be Asplundt.
Mr. Gylfphe made a motion to allow Public Service of New Hampshire to trim the trees along the scenic roads noted, as needed, to arboricultural standards, with the landowner’s permission. Ms. Bonser seconded the motion. All in favor. Motion passed 6-0.
PRELIMINARY HEARING – POWELL, BILL – CANTON COURT – MAP 39 LOT 23-6:
Chair Smith opened the hearing at 7:20 PM.
Ms. Chauvey handed out copies of a letter written in 1988 from the Planning Board to Mr. Fernald denying his subdivision application and the qualifying recommendation from RCCD regarding this property.
Mr. Powell explained to the Board that he was inquiring about a note on the plat stating there can be no further subdivision of this property. He stated the property is 4.08 acres and he has spoken to the owner who is willing to subdivide and sell the lot to Mr. Powell’s daughter and son-in-law. Mr. Gylfphe noted that the lot, submitted as two lots back in 1988 did not have enough buildable area to approve separate lots. Mr. Powell stated that it has been 18 years since the subdivision was done and to his eye, the wetlands appear to have dried up some. He stated that his son-in-law is willing to invest in a survey. Chair Smith advised Mr. Powell that he should move forward in that direction. If he finds there is enough buildable area to subdivide then he should come into the Planning Office for an
application. Mr. Seaverns noted that the Zoning Board holds the authority for removing the note on the plat. He stated that they could choose to either go before the ZBA prior to submitting to the Planning Board or submit to Planning to be denied prior to going to the ZBA, which would allow the Planning Board to have input for the ZBA.
Mr. Powell left the meeting.
PUBLIC HEARING CONTINUANCE – GREATER SEACOAST HABITAT FOR HUMANITY FOR MATHER, DANIEL FRED – OLD TURNPIKE ROAD - MAP 16 LOT 31 - CASE #P06-16-SUB:
Chair Smith opened the public meeting on Case #P06-16-SUB at 7:28 PM.
Attorney Boldt presented the Board with new copies of plats. Based on the Nottingham Fire Departments recommendation, he stated they had added Note 6 requiring a sprinkler in any home constructed on Lot 31-1. Attorney Boldt presented a copy of an easement for the well for the file. He noted that no wells were visible on other properties and that there are no driveways within 100’ of the property. Attorney Boldt noted the Board had implied a preference to have the 4K area not cross the 50’ setback line. He stated that, over the objections of Mr. Landry, the Surveyor, it has been moved. He wanted to note for the record that this does not set precedence for what Mr. Landry does for his other clients. Attorney Boldt stated that they had made a change from granite to concrete for monumentation
for feasibility. Currently the bounds are marked with pins. He stated it is noted in the legend that the bounds will be set by June 1, 2007. Attorney Boldt pointed out that Note 7 had been added, requiring proper storage of the tires according to State Regulations. He noted that as requested by the Board, the camper in the middle of the driveway had been noted that it would be removed.
Chair Smith read the Fire Department’s response to the request for clarification for the record.
Ms. Bonser made a motion to approve the subdivision application of Greater Seacoast Habitat for Humanity for Daniel Fred Mather, Old Turnpike Road, Map 16 Lot 31, Case #P06-16-SUB. Mr. Harding seconded the motion. All in favor. Motion passed 6-0.
Ms. Chauvey informed Attorney Boldt that there was a $95 approval fee due for recording, remapping, and administrative expenses. He asked if the fees could be waived. Mr. Seaverns stated fees are set by the Board of Selectmen. Ms. Bonser informed Attorney Boldt that he was welcome to appear before the Board of Selectmen. Attorney Boldt declined, stating he would pay the fee prior to recording.
Plans were signed. Applicant, Property Owner, and representatives left the meeting.
PUBLIC HEARING CONTINUANCE – DANIELS, JONATHAN & LISA – COOPER HILL ROAD - MAP 1 LOT 70 - CASE #P06-14-SUB:
The Chair opened the public meeting on Case #P06-14-SUB, Map 1 Lot 70 at 7:48 PM.
Chair Smith read a request for continuance for the record.
Ms. Beauchamp inquired as to how long an application can be continued without renotification. Mr. Seaverns stated there is no set time limit. This applicant is waiting on a response from the State and cannot move forward until it is received. Mr. Seaverns stated that the Planning Board should notify the applicant that if the plans change because of the response received, abutters will need to be renotified. Mr. Seaverns stated that he felt in cases where there are several months of inactivity with no discussion, the cases should be renotified. Ms. Bonser suggested adding something to the Regulations which states that if an application that has been accepted is continued for a period of over 65 days with no activity, it must be renotified at the applicant’s expense.
Chair Smith asked Mr. Landry to update the Board on this case. Mr. Landry stated they had received a ‘hit’ from Fish and Game for Blanding’s turtles and the applicant is waiting for a representative to come out for a site walk which cannot be done in the snow.
Mr. Gylfphe made a motion to recess the hearing for final approval of a subdivision application from Jonathan and Lisa Daniels, Cooper Hill Road, Map 1 Lot 70, Case #P06-14-SUB to April 18, 2007. Ms. Mills seconded the motion. All in favor. Motion passed 6-0.
PUBLIC HEARING CONTINUANCE – WITHAM, JONATHAN & MARY PAIGE – LEDGE FARM ROAD - MAP 59 LOT 37 - CASE #P07-03-SUB:
Chair Smith opened the public meeting on Case #P07-03-SUB, Map 59 Lot 37 at 8:15 PM.
Ms. Chauvey informed the Board that Ms. Witham e-mailed a request for a continuance.
Mr. Gylfphe made a motion to recess the meeting for acceptance of a subdivision application from Jonathan & Mary Paige Witham, Ledge Farm Road, Map 59 Lot 37, Case #P07-03-SUB until April 4, 2007. Ms. Mills seconded the motion. All in favor. Motion passed 6-0.
OTHER BUSINESS:
Mail was distributed.
Ms. Beauchamp asked for clarification regarding renotification of continued cases. Mr. Seaverns stated he felt renotification should be sent by certified mail. Ms. Mills stated that she feels there needs to be a deadline for continuing cases. Ms. Beauchamp stated she was going to research the Manchester subdivision on Kennard Road and the RSA that referenced in that case.
Ms. Beauchamp confirmed there was a Subdivision Regulation workshop set for Wednesday, March 14, 2007.
Chair Smith asked if the Board was prepared to approve the new contract from SRPC. Ms. Bonser stated the Selectmen have not reviewed it at this time.
Mr. Seaverns suggested that the Board hold a meeting to elect officers on the off-week following the elections. He stated that at that time, new members should be given copies of the Planning Board By-Laws, the Master Plan, the Building Code and Zoning Ordinances, the Subdivision and Site Plan Regulations, and all other pertinent documentation. He further stated that the Board should retain receipts from each member for these items.
Ms. Chauvey asked the Board if she should follow up with the Bascom’s on the merger of Lots 4 & 4A on Tax Map 42. She suggested sending an application with a letter, which state that these are the forms required, if they wish to move forward to see if they respond. Chair Smith noted that it is not something the Bascom’s have to do. Ms. Mills, Ms. Bonser, and Chair Smith stated they felt that was not the Planning Board’s job and it was not any of the Boards business. Mr. Seaverns stated he did not feel that sending the letter and offering assistance is not inappropriate.
Ms. Bonser made a motion to send a letter to the Bascom’s regarding the voluntary merger. Mr. Gylfphe seconded the motion. Mr. Gylfphe, Mr. Smith, Mr. Seaverns, and Mr. Harding voted in favor. Ms. Bonser and Ms. Mills voted against the motion. Motion passed 4-2.
Ms. Bonser asked Ms. Chauvey to draft a memo from the Planning Board to Charles Brown, Town Administrator, regarding the upgrade of Ms. Chauvey’s computer. Mr. Harding suggested she include a request for either a separate phone line for Planning & Zoning or a second line to be used by both the Building Inspector and herself.
Ms. Chauvey informed the Board that the new Fire Chief, Jaye Vilchock, does not want the Planning Board to use e-mail for communication between Boards, Committees, and departments. She stated this comment came after she had e-mailed a memo inviting them to a site walk and then followed that up with two weeks later with another memo requesting clarification of their feedback. Ms. Mills and Ms. Bonser felt time constraints dictated the use of e-mail as effective and appropriate.
Ms. Mills made a motion to notify departments of plans that are available for comment via e-mail. Ms. Bonser seconded the motion. All in favor. Motion passed 6-0.
Ms. Mills made a motion to adjourn the meeting. Ms. Bonser seconded the motion. All in favor. Motion passed 4-0.
Meeting adjourned at 9:20 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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