NOTTINGHAM PLANNING BOARD MINUTES
MAY 16, 2007
PUBLIC MEETING/HEARING
NOT FINAL UNTIL APPROVED BY THE BOARD
PRESENT: ABSENT:
Mr. Dave Smith, Chair Ms. Gail Mills
Mr. Peter Gylfphe Mr. Mark Harding
Mr. Bob Davidson Mr. Scott Curry, Alternate
Mr. Peter Bock
OTHERS PRESENT:
Atty. Christopher Boldt, DTC
Mr. Peter Landry, Surveyor
Mr. Jonathan Witham, Applicant
Mr. Joseph Welch, Historical Society
Mr. Robert Hoffman, Resident
Ms. Salandrea Patrizi, Applicant
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
The Chair called the meeting to order at 7:10 PM.
APPROVAL OF MINUTES:
Minutes of May 2, 2007:
Mr. Bock noted two wording changes and a typo on page three. He also stated the Ms. Chauvey should speak to Ms. Carlson again about petty cash.
Mr. Gylfphe made a motion to approve the minutes of the May 2, 2007, with the above corrections. Mr. Davidson seconded the motion. All in favor. Motion passed 4-0.
Mr. Bock requested the board wait until next meeting to approve the minutes of the May 9, 2007 meeting.
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 7:16 PM.
Mr. Landry spoke in representation of the Withams. He handed out new plats noting that a spelling error had been corrected on page one and a culvert had been added to the driveway for proposed Lot 37-1. At Mr. Bock’s inquiry, Mr. Landry informed the board that the culvert was 15”. Mr. Landry submitted an Erosion and Sediment Control Plan. Mr. Bock asked for clarification of the Plan and it’s importance to the Planning Board. Mr. Landry stated it was supplied because the waiver was denied. Chair Smith informed Mr. Bock that this Plan is not commonly requested for smaller subdivisions, however, it would be reviewed by the Building Inspector when the permit is pulled. Mr. Landry stated a driveway permit had been applied for on proposed Lot 37-1 but they had not yet heard from the
Building Inspector nor had they heard anything from the fire department. At Mr. Bock’s inquiry, Mr. Landry reported that he has never before not received the fire department’s recommendation. He stated that there is and has been a note on the plat for sprinklers. Mr. Bock asked Chair Smith what the board would do if a response is not received. Chair Smith stated the Planning Board would move forward to make their own determination. Attorney Boldt requested that the Planning Board not further delay any action on this application due to lack of response from the fire department since, he believes, they have been waiting on a response for over two months. He felt that if the Fire Chief had objections, they would have received a response. Chair Smith suggested that the Planning Board draft a letter requesting a meeting with Chief Vilchock to discuss this procedure.
Recapping, Chair Smith stated there was nothing in the file for the driveway permit or from the fire department. Attorney Boldt submitted copies of the cemetery and road-widening easements for the board’s review. Mr. Landry clarified that a road easement was done, not fee simple ownership to the Town, because 25’ from the center line would create a setback issue. Mr. Bock asked if this easement had any bearing on Parcel A. Mr. Landry stated it did not. Ms. Beauchamp asked if there had been any response from Attorney Teague on the easements. Attorney Boldt stated he had not received one.
Mr. Welch read for the board a portion of the ZBA case minutes in which Mr. Witham stated he would maintain control of the homes being built and would style them according to the surrounding landscape, and inquired as to how they would enforce the style of homes built. Chair Smith stated that the board could only request to have a note on the plat, noting they could not control what was built. He stated that it is up to the applicant. Mr. Davidson noted that there are recent, not historically reproduced houses abutting this property that did not have deed restrictions placed on them.
Attorney Boldt submitted a check for $337.50 to be deposited into the Witham’s escrow account.
Chair Smith read notes from the site walk he attended, stating the only issue he noted was that the bounds between proposed Lots 37-2 & 37-3, and proposed Lots 37-4 & 37-5 currently sit in the middle of the proposed driveways. He stated that these should be off-set to accommodate the driveway. Attorney Boldt respectfully declined moving the marker since it is not required in the Regulations. Mr. Bock noted that he had also been on a site walk and asked Mr. Demerritt if the Conservation Commission had any comments regarding their site walk. Mr. Demerritt said the only issue they saw may be the driveway for the lot off Ledge Farm Road, however, without knowing where the homes are going, there was nothing really to be said.
Mr. Welch noted that approval of this subdivision, with the dispute not resolved, goes against Subdivision Regulation Article III Section A-1. Chair Smith informed Mr. Welch that the board would be meeting with their Attorney prior to the next meeting and would seek his opinion. Attorney Boldt asked that a time limit be given to the fire department for a response. Mr. Bock, speaking as a Selectman, stated the Planning Board should notify the Selectmen about this immediately, noting that the Selectmen will expedite a response. Attorney Boldt stated he thought the surveyor who had been hired by the Town was going to submit a sheet of questions to Mr. Landry so he could prepare answers by this meeting, however, he had not received the questions. Chair Smith, noting it may have nothing to do with the issue at hand,
explained that one of Mr. Noyes’ employees had just passed away. Ms. Bonser stated that the Selectmen are planning to meet with Mr. Noyes and their attorney within the next two weeks. Attorney Boldt noted that even if the Withams sold the house the day after the plan was approved, the plan is being approved and recorded with the notation that there is an outstanding dispute.
Mr. Gylfphe made a motion to recess the subdivision application of Jonathan & Mary Paige Witham, Ledge Farm Road, Map 59 Lot 37, Case #P07-03-SUB until June 6, 2007 at 7:15 PM. Mr. Davidson seconded the motion. All in favor. Motion passed 4-0.
Mr. Bock noted that he will not be available for the meeting on June 6, 2007 and asked Ms. Bonser to sit in his place. She agreed to do so.
Chair Smith noted he would ask Ms. Chauvey to forward a copy of the easements to Attorney Teague.
PUBLIC MEETING 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 8:20 PM.
Chair Smith read for the record a request for a continuance until June 6, 2007. The applicant has not been notified of approval for their dredge and fill application.
Mr. Gylfphe made a motion to recess the application for acceptance, compliance review, and final approval of a two lot subdivision from RSL Layout & Design for Blue Fin Development, Kennard Road, Map 11 Lot 7, Case #P06-09-SUB until June 6, 2007 at 7:15 PM. Mr. Davidson seconded the motion. All in favor. Motion passed 4-0.
PUBLIC HEARING CONTINUANCE – PAUL AND LESLIE LONGUEIL – COOPER HILL ROAD - MAP 16 LOT 5 - CASE #P07-04-SIT:
The Chair opened the public hearing on Case #P07-04-SIT at 8:25 PM.
Attorney Boldt spoke on behalf of the Longueils. He stated they are seeking a condominium conversion where there are no plans to change the existing grounds. Referring to Section IV of the Town of Nottingham Site Plan Regulations, he noted that site plan approval was not required for this case.
Attorney Boldt then referenced a letter from Ms. Beauchamp in which she had referenced approval of a Bed & Breakfast for this location in 1990. He noted for the record that this approval was for a home business, not a site plan review. He submitted copies of minutes, the approval, and an affidavit from Charles Cleveland, a resident of Lyons Mills, from 1991 in which the declined state of the property was addressed. Attorney Boldt stated that to the best of his and the Longueils’ knowledge, the property was never used in the capacity of a B&B and he submitted a letter from Charles Cleveland, the resident, confirming this.
Attorney Boldt reminded the board that this application is not a typical Site Plan Review, it is simply a condo conversion. Mr. Gylfphe disagreed stating that when the Lyons came in for approval of their B&B they voided the apartment use. Attorney Boldt referred to the minutes and notice of decision issued stating there was no mention of condition, nor written record that the use was voided. Mr. Gylfphe stated he was on the board at the time of approval. Chair Smith asked if the building was currently being used as apartments. Mr. Longueil stated it was, noting he had never known it to be anything else. Chair Smith and Mr. Gylfphe concurred that there is a possibility that the apartments were initially created illegally, however, there is sufficient history going backwards to support this use.
Mr. Gylfphe stated his main concern is the commercial storage unit in the middle of this development. Attorney Boldt noted that the commercial building has always been there and has been used commercially in the past. Mr. Gylfphe stated that the property was zoned commercial, adding that now there are apartments. Attorney Boldt acknowledged Mr. Gylfphe’s comment, stating that the conversion to apartments happened a significant time ago. Mr. Gylfphe stated he felt it was an awful lot of stuff to have on a two-acre site. Attorney Boldt pointed out that the applicant is adding nothing, noting that the ‘stuff’ is already there.
Ms. Beauchamp informed the board that it was up to them to decide if there was a change in use for this property. If the board felt there was change, then the applicant would go through the Site Plan Review process. If the board was to decide that there is no change of use, then change of ownership does not come under Town of Nottingham’s regulations. Attorney Boldt read for the record Section IV of the Site Plan Review Regulation, noting that the section references alterations or significant changes to the site not change of use. Chair Smith stated he felt the board was charged with being sure that the condos meet regulations. Attorney Boldt stated that that only applies if the applicant is building something new. He noted that RSA 356-B:5 prevents Boards from requiring the standards set forth in
their regulations if the only change to the parcel will be change of ownership. Mr. Bock asked Attorney Boldt if there is any relationship in, or any restrictions on, the number of occupants to the ownership, especially in regards to septic systems and wells. Attorney Boldt replied there is not, to his knowledge. Mr. Gylfphe stated that there is a State requirement for any single well servicing three or more residences. Mr. Bock asked if what was there is adequate. Mr. Longueil responded that he has state approval on the septic system for the condominiums.
Mr. Davidson voiced concern at the possibility of commercial business being in the middle of the condo association. Chair Smith stated that someone buying it for commercial use would need to come before the Planning Board. Attorney Boldt disagreed stating again that there is no change of use as the building has been used as a commercial building for quite some time. He requested that the Planning Board make a determination tonight because the plan before them involved no changes to the site. Ms. Beauchamp stated that the original plat submitted to the board included an additional driveway and additional parking. She felt that since the applicant had removed these items from the plat, the board should look at the request in regards to Site Plan Review Regulation Section IV again to make a determination as to
whether the applicant is required to complete the Site Plan Review process.
Chair Smith opened the hearing to the public. There were no comments.
Chair Smith made a motion that a Site Plan Review not be required for this proposal because in the opinion of the Planning Board the proposed multi-family or residential development involves no significant building alterations or changes in the site. Mr. Davidson seconded the motion. Chair Smith, Mr. Bock, and Mr. Davidson voted in favor of the motion. Mr. Gylfphe voted against the motion. Motion passed 3-1.
PUBLIC HEARING – PATRIZI, SALANDREA – 80 STAGE ROAD - MAP 42 LOT 20 - CASE #P07-06-SIT:
The Chair opened the public hearing on Case #P07-06-SIT at 9:25 PM.
Mr. Gylfphe asked Ms. Patrizi if there was any change to her business since moving to Portsmouth. Ms. Patrizi stated there has not been. Mr. Bock asked if the business was retail sales or if Ms. Patrizi distributed throughout the world. Ms. Patrizi stated it is retail sales, however, her customers are all over the country, stating she has run this business for 35 years. Mr. Davidson asked Ms. Patrizi if she does internet sales. She responded that she does.
In response to Ms. Beauchamp’s comment regarding parking, Ms. Patrizi stated there are 5+ parking spaces and the intent was to separate private and public parking with a fence. She stated she plans to apply for organic certification at some point in the future.
Chair Smith inquired as to how much traffic Ms. Patrizi expected on a daily basis. She responded that she has slow but steady traffic through her Portsmouth store. He voiced concern at traffic backing out onto Route 152. Mr. Hoffman informed the board that there is 52’, which allows for turning around instead of backing into the road.
Mr. Gylfphe made a motion to approve Case #P07-06-SIT for the major home occupation application of Salandrea Patrizi, to operate The Mustard Seed Natural Living Center, Inc., a retail establishment, from her barn at 80 Stage Road, identified as Tax Map 42 Lot 20. Mr. Bock seconded the motion. All in favor. Motion passed 4-0.
OTHER BUSINESS:
Mr. Gylfphe made a motion to adjourn the meeting. Mr. Davidson seconded the motion. All in favor. Motion passed 4-0.
Meeting adjourned at 10:12 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
| 
