NOTTINGHAM PLANNING BOARD MINUTES
MARCH 21, 2007
PUBLIC HEARING
Approved April 18, 2007
PRESENT: ABSENT:
Mr. Dave Smith, Chair Ms. Sandra Jones
Mr. Bob Davidson Mr. Scott Curry, Alternate
Mr. Mark Harding Mr. Skip Seaverns
Mr. Peter Gylfphe
Mr. Mary Bonser
Ms. Gail Mills
OTHERS PRESENT:
Mr. Sam Demeritt, Conservation Commission
Mr. Richard Ladd, RSL Layout & Design (arrived @ 8:20 PM)
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Ms. Traci Chauvey, Planning Board Secretary
Mr. Nelson Smith, Property Owner
Ms. Celia Abrams, Conservation Commission
Ms. Cheryl Smith, Conservation Commission
Chair Smith called the meeting to order at 7:08 PM.
Ms. Chauvey obtained an e-mail address for new Planning Board member Bob Davidson. For the record, Mr. Davidson did not participate as an active member at this meeting because Town Meeting was postponed until March 24 due to inclement weather.
APPROVAL OF MINUTES:
Ms. Mills made a motion to accept the minutes of the February 21, 2007 meeting, as written. Mr. Gylfphe seconded the motion. All in favor. Motion passed 5-0.
On the minutes for March 7, Ms. Mills noted that there was a name missing under the Others Present section. Ms. Chauvey stated she could not read the name on the sign-in sheet and asked if anyone new the name of the gentleman who attended with Mr. Matthew Young. Chair Smith informed her that his first name is Chris. He felt it was appropriate to leave it at that.
Ms. Mills made a motion to accept the minutes of March 7, 2007 minutes with the above correction. Mr. Harding seconded the motion. All in favor. Motion passed 5-0. Mr.
On the minutes for March 14, Chair Smith noted that the word ‘will’ in the second paragraph should be ‘was’. Ms. Chauvey informed Ms. Beauchamp she would make the correct and submit the minutes to the Chairman for signature.
Ms. Bonser made a motion to accept the minutes of the March 14, 2007 workshop with the above correction. Mr. Gylfphe seconded the motion. Mr. Gylfphe, Ms. Bonser, Mr. Smith, and Mr. Harding voted in favor. Ms. Mills abstained. Motion passed 4-0, with one abstention.
DISCUSSION– ATTORNEY AHLGREN – ROBINHOOD DRIVE – MAP 24 LOTS 102 & 103:
Chair Smith opened the discussion at 7:25 PM.
Ms. Bonser informed the other members of the Board that Attorney Ahlgren, who had requested attendance at this meeting on behalf of Louis & Patricia Limberis, had not shown up for the Selectmen’s meeting on Monday evening. She further stated that this issue is a dispute between abutters, noting that her husband is one of the property owners, however, she is not. Ms. Bonser stated the dispute is over whether or not the lot is buildable.
STRAFFORD REGIONAL PLANNING COMMISSION CONTRACT:
Chair Smith made a motion to accept the Services Agreement between Strafford Regional Planning Commission and the Town of Nottingham. Mr. Harding seconded the motion. All in favor. Motion passed 5-0.
Mr. Gylfphe asked Ms. Beauchamp to reduce the amount of copies the board members have received of the Subdivision regulation by copying only those pages that have changed from each meeting. Ms. Beauchamp stated she would do that.
PRELIMINARY – SMITH, NELSON “BUTCH” – MCCRILLIS ROAD – MAP 25 LOT 16-2:
Chair Smith opened the meeting at 7:42 PM.
Ms. Bonser recused herself as she is an abutter.
Mr. Smith stated owns 6.13 acres at 91 McCrillis Road. He would like to do a single back-lot subdivision, however, he only has 200.84’ of frontage, not the required 220’. He stated there is an approved 3-bedroom septic on the back property, which is currently used as a dumping station for his motor home. He noted for the record that he has run a home business from this property and this has caused contention with the neighbors. He stated that there is a current right of way to the back of the property for NH Electric Coop. He stated there is also a well and power.
Mr. Smith asked the Board, based on history with his abutters, how heavily the abutters’ comments affect the decisions made by the Board. Chair Smith noted that the back-lot subdivision on this particular lot is allowable according to Zoning with the exception of the 20 feet of frontage.
Chair Smith noted that he thought the back-lot subdivision will change the commercial zoning of the property. Mr. Smith stated the approval was conditional and only for his self to run this particular business. He informed the board that he is in the process of dissolving his business. He stated there is material and equipment on the property, however, he plans to clear and stump it as soon as possible. His business will no longer be running after the end of this year.
Mr. Davidson asked if the property would still be considered commercial if it was sold while Mr. Smith still had a viable business. Mr. Smith stated it would not. The approval and zoning is specific to him and his business. He stated that if the Board feels this is a feasible proposal he would dissolve his business and approach the Zoning Board to have the property converted back to residential/agricultural.
Ms. Chauvey asked if the right-of-way is the driveway. Mr. Smith responded that it is and his intention is to make it the driveway for both lots. Chair Smith stated he did not know how the Zoning Board would feel about the shared driveway, stating they had recently denied a case which requested a shared driveway be placed solely on one lot. He suggested that Mr. Smith request a variance to shorten the frontage on his lot to 180’, use the remaining 20’ for frontage on the back-lot, and place the driveway on the lot line.
Mr. Smith confirmed with the Board that his next step would be to approach the ZBA about reducing frontage on his lot to obtain the 20’ for the back-lot. Chair Smith informed Mr. Smith he would see Ms. Chauvey to obtain the appropriate paperwork for the ZBA.
Mr. Smith thanked the board for their time and left the meeting. Planning Board member Ms. Mills also left the meeting at this time.
PUBLIC HEARING CONTINUANCE – RSL LAYOUT & DESIGN FOR BLUE FIN DEVELOPMENT – KENNARD ROAD - MAP 11 LOT 7 - CASE #P06-09-SUB:
Chair Smith opened the public meeting on Case #P06-09-SUB, Map 11 Lot 7 at 8:30 PM.
Mr. Ladd informed the Board he would like to ask for another 90 day extension. He noted that his office had submitted a new application to the Zoning Board and was refused a hearing. He stated he would like to have a meeting with members of both the Zoning and Planning Boards and the Conservation Commission. Ms. Chauvey informed Mr. Ladd that the application received was for an appeal, not a new application. Mr. Ladd stated that was a mistake on the part of his office.
Chair Smith confirmed with Mr. Ladd that there is an approved dredge & fill in place.
Mr. Ladd’s suggested that he could get the new dredge & fill approved and obtain approval for the subdivision from the Planning Board. Then Blue Fin could convey a right of way across the lot to the original proposed driveway. Chair Smith stated that is something that happens beyond the Planning Board, and considering the ZBA’s decision, he did not feel that was something the Planning Board could ask to have notated on the plat. Chair Smith asked the Conservation Committee if they had any other suggestions. Mr. Demeritt stated the Conservation would be ok with another culvert. Mr. Ladd indicated it would cost $40K to install a box culvert where Conservation wanted it.
Ms. Bonser inquired as to how the Board could ensure that the wetlands are not further disturbed with this development. Ms. Beauchamp asked Mr. Ladd if he would be able to have a deed restriction stating the frontage could not be used ready for his appearance before the Planning Board. Ms. Bonser stated it would be unreasonable to have a deed restriction that contradicts the plan. Chair Smith stated this was something he wanted to discuss with Town Council before they moved forward.
Ms. Beauchamp asked Mr. Ladd if he would be willing to re-notice abutters after the next meeting. He stated he would. Chair Smith asked to have the re-notice sent by certified mail.
Ms. Bonser 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 April 18, 2007. Mr. Gylfphe seconded the motion. All in favor. Motion passed 4-0.
OTHER BUSINESS:
Chair Smith informed the board that Mrs. Rourke is in the hospital.
Ms. Beauchamp handed out information on the OEP Spring Conference.
Ms. Beauchamp stated she had completed the research requested on application deadlines from other Towns. She stated that Dover does 15 days (with a Planning staff), Durham does 21 days, Lee does 21 days, New Durham does 30 days, Newmarket does 15 days, Northwood does 15 days, Somersworth does 30 days, and Farmington does 30 days. Chair Smith stated 21 days sounds like a good average for Nottingham. Ms. Chauvey noted for the record that New Durham
Chair Smith set a workshop on the Subdivision Regulations for February 28, 2007.
Ms. Chauvey informed Ms. Beauchamp of a new case for completeness review for the April 4 meeting. Ms. Beauchamp stated she thought Mr. Seaverns had indicated she should be directed to perform completeness reviews. Ms. Chauvey stated she thought that completeness was automatic and compliance would be directed. Chair Smith stated that is the way it has been done and he wishes to continue in the same manner. Ms. Beauchamp stated she would get copies for the completeness review after tonight’s meeting.
Mr. Gylfphe made a motion to adjourn the meeting. Ms. Bonser seconded the motion. All in favor. Motion passed 4-0.
Meeting adjourned at 8:50 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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