NOTTINGHAM PLANNING BOARD MINUTES
JUNE 20, 2007
PUBLIC MEETING/HEARING
Approved July 18, 2007
PRESENT: ABSENT:
Mr. Dave Smith, Chair Ms. Gail Mills
Mr. Peter Gylfphe Mr. Peter Bock
Ms. Mary Bonser Mr. Scott Curry, Alternate
Mr. Mark Harding
Mr. Bob Davidson
OTHERS PRESENT:
Mr. Charles Brown, Town Administrator
Atty. Christopher Boldt, DTC
Mr. Joseph Welch, Nottingham Historical Society
Ms. Deborah Stevens, Abutter
Mr. Roscoe Blaisdell, Surveyor
Mr. Bernard Adams, Applicant
Mr. Richard Ladd, RSL Layout & Design
Ms. Traci Chauvey, Planning Board Secretary
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Chair Smith called the meeting to order at 7:10 PM.
PUBLIC HEARING CONTINUANCE – SUBDIVISION APPLICATION (DESIGN REVIEW AND FINAL APPROVAL OF A 6-LOT SUBDIVISION) – WITHAM, JONATHAN & MARY PAIGE – LEDGE FARM ROAD – MAP 59, LOT 37 – CASE #P07-03-SUB:
Chair Smith opened the public hearing at 7:15 PM.
Chair Smith read a continuance request from Attorney Boldt on behalf of the Withams until June 27, 2007 at 7:00 PM. He asked if all Board Members were aware of the discussions that had taken place over the past few days. Some were not. Attorney Boldt took the floor at Chair Smith’s request.
Attorney Boldt stated that in an effort to meet the Planning Board’s request as of the last meet, as well as to respond appropriately to the comments and requests of the Concerned Citizens, the applicants will be addressing the Parcel A/Parcel B dispute with the Selectmen on Friday morning which he believed would have bearing on the Planning Board case. Their hope was to merge proposed Lot 37-2 with the parent lot, as well as Parcel B. Chair Smith stated that his understanding was that it was only a portion of Parcel B that was being considered. Attorney Boldt responded that that had not yet been determined.
Chair Smith asked if everyone in the audience understood and if there were any comments. Mr. Welch asked if the ZBA condition of no more subdividing the parent lot would still be in place if they merged the lots. Attorney Boldt stated that it would.
Attorney Boldt stated that the applicants’ hoped that the community would view this as a win-win situation rather than going through an arduous court battle. Chair Smith thanked the Withams for their willingness to work with the Board to resolve the issues.
Mr. Brown, Town Administrator, informed the Board that Friday was the earliest the Board of Selectmen could meet; two of them are out of town. Chair Smith asked Mr. Brown if the town intended to continue with Mr. Noyes to determine the boundaries of the Town Square. Mr. Brown responded that they did. At Mr. Welch’s inquiry, Ms. Bonser stated that the Selectmen’s Meeting would be an open meeting and that the Selectmen have never prevented the public from speaking.
Mr. Gylfphe made a motion to continue the public hearing of a six-lot subdivision application from Jonathan and Mary Paige Witham, Ledge Farm Road, Map 59 Lot 37, Case #P07-03-SUB to June 27, 2007 at 7:15 PM. Ms. Bonser seconded the motion. All in favor. Motion passed 5-0.
Ms. Chauvey informed Chair Smith she would not be able to attend that meeting.
PUBLIC HEARING CONTINUANCE – SUBDIVISION APPLICATION (ACCEPTANCE, COMPLIANCE REVIEW, AND FINAL APPROVAL OF A 2-LOT SUBDIVISION) – RSL LAYOUT & DESIGN FOR BLUE FIN DEVELOPMENT – KENNARD ROAD – MAP 11 LOT 7 – CASE #P06-09-SUB.
Chair Smith opened the public hearing at 7:25 PM.
Mr. Ladd spoke on behalf of Blue Fin Development and handed out new copies of the plat.
Chair Smith, referencing SRPC’s compliance letter, noted that there was more than the required 60,000 sq. ft of contiguous area without including the part that bottle-necked below 50’ or the buildable area beyond. Chair Smith felt that the contiguous area should stop where it bottle-necks on the plat.
Mr. Ladd reported that he had moved the 4K area so it no longer encroached upon the 50’ setback.
Mr. Ladd stated he had signed these plans. He has not signed the previous ones because he has printed them in color for the Board’s benefit.
Mr. Ladd reported that he had received a recommendation letter from the fire department in November. Chair Smith read the letter for the record. Chair Smith requested that Mr. Ladd put a note on the plan regarding the turn-around for driveways over 100’ in length. Mr. Gylfphe noted that there is a turn-around where the driveway splits. Chair Smith stated that according to a recent letter received from the fire department the driveway must be 16’ wide and the turn-around, which should be within 50’ of the residence, should measure 18’ x 50’. Mr. Ladd stated the driveway is 20’ wide and he would add the note regarding the turn-arounds.
Mr. Ladd stated he would request a waiver to place an iron pin, instead of a granite or concrete marker, where the properties meet in the middle of the driveway.
Mr. Ladd reported that the road easement has not been recorded by the Town so he is not able to add the book and page number to the plat. Chair Smith asked Ms. Chauvey to follow up on the road easement with the Selectmen’s Office.
In reference to SRPC’s Compliance Review recommendation to move some items to the legend to clean up the plat, Mr. Ladd reported that no lines go through any text and he felt the plat was clearer as it was. Mr. Blaisdell stated that he does his plats the same way.
Chair Smith suggested Mr. Ladd remove the town setback reference in Note 6, as he felt it was confusing.
Chair Smith noted the only thing holding up acceptance is the waiver request for the granite bound. Mr. Ladd stated he would show it as a granite bound, if that was the only thing preventing it from being accepted.
Mr. Gylfphe made a motion to accept the application for a two-lot subdivision from RSL Layout & Design for Blue Fin Development, Kennard Road, Map 11 Lot 7, Case #P06-09-SUB. Ms. Bonser seconded the motion.
Chair Smith stated the bound prevents the application from being accepted. Mr. Gylfphe withdrew his motion to accept.
Ms. Bonser made a motion to continue the public meeting of the application for a two-lot subdivision from RSL Layout & Design for Blue Fin Development, Kennard Road, Map 11 Lot 7, Case #P06-09-SUB. Mr. Harding seconded the motion. All in favor. Motion passed 5-0.
PUBLIC MEETING – SUBDIVISION APPLICATION (ACCEPTANCE, DESIGN REVIEW, AND FINAL APPROVAL OF A 2-LOT SUBDIVISION) – ADAMS, BERNARD – 228 STAGE ROAD – MAP 29 LOT 5 – CASE #P07-07-SUB:
Chair Smith opened the public meeting at 8:00 PM
Mr. Blaidell spoke in representation of Mr. Adams. He reported that he had eliminated the buildable area on the lot with the existing house because he was told it was not necessary. On the new lot he shows contiguous buildable area of 130,000 square feet.
Mr. Blaisdell stated he is going to ask for a waiver for the test pits because he did not know that they could not be within the 50’ setback and he feels it would be a hardship to redo them. He stated that the septic is going to go where it is represented on the plat. He stated the plat now represents the FEMA flood-line, and a potential house that is outside of that flood-line. Chair Smith noted that the FEMA flood-line runs through numbers and letters on the plat. Mr. Blaisdell reported that he will bring a clean plat for recording.
Mr. Blaisdell reported that he would be asking for several waivers. The driveways existed prior to State Regulations for driveway permits. The test pits were dug prior to the Boards determination and with the aquifer soils it was best to have it closer to the road. He stated the scale of the plat is 1” = 80’ and this scale best fits the site due to the shape of the lot. He had not supplied an aquifer map as one hangs in the Town Hall and they are difficult to copy. He added that the applicant agrees that all the property is in an aquifer district and he will comply with all aquifer requirements.
Ms. Beauchamp asked if the Conservation Commission had any comments. Mr. Demerritt stated the lot being subdivided off seems to be fine, noting that the existing house lot should be cleaned up. Mr. Blaisdell reported that there has been a lot of clean up already completed in preparation for this subdivision application. Chair Smith read his comments from the site walk. Ms. Beauchamp noted that she has an inquiry into the State regarding the pre-existing driveway. Chair Smith stated he wants to hear from the State prior to granting a waiver.
Ms. Bonser made a motion to accept the waiver for the 4K area, scale of plat, and submission of aquifer map, noting that the waiver for the 4K area was being motioned for acceptance after the Planning Board’s determination on June 13, 2007 to enforce Section IV F of the Nottingham Subdivision Rules and Regulations because this application had already be in process prior to the determination and the test pits had already been dug. Mr. Davidson seconded the motion. All in favor. Motion passed 5-0.
Chair Smith noted that the driveway issue was still outstanding and therefore the application could not be accepted at this meeting.
Chair Smith informed Ms. Beauchamp that she should complete a Compliance Review for this application.
Mr. Gylfphe made a motion to recess the public meeting of a two-lot subdivision application from Bernard Adams, Stage Road, Map 29 Lot 5, Case #P07-07-SUB to July 11, 2007 at 7:15 PM. Mr. Davidson seconded the motion. All in favor. Motion passed 5-0.
Mr. Adams stepped forward and assured Mr. Demerritt that he is continuing to work on the clean up of his house lot and he would be open to recommendations from the Conservation Commission.
OTHER BUSINESS:
Mr. Davidson made a motion to adjourn the meeting. Ms. Bonser seconded the motion.
Chair Smith stated he had one more thing to talk about. Referring to a conversation at last week’s meeting, stated he believes there has been a misunderstanding of Ms. Beauchamp’s responsibility to the Planning Board. He noted that she has been labeled as the Town Planner, however she is not. He stated that essentially Strafford Regional is the Town Planner and Ms. Beauchamp is their representative. He feels that she should make suggestions but that her suggestions should not direct the Board in any way. Ms. Beauchamp agreed with this interpretation, adding that when she hears the Board discussing a specific topic she will provide them with all available options. As an example, she noted that when the Board started discussing driveways, she presented a Driveway and Roadway Regulation to the
fire department. She stated that she would never push the Board on her personal opinion. Mr. Harding asked if she could provide information on what she has experienced in her seven years of planning experience. Ms. Beauchamp felt that information is given when she provides them with their options. Mr. Davidson stated he, also, would appreciate having her professional opinion. Ms. Chauvey apologized to Ms. Beauchamp for making it appear as though she was directing the conversation at Ms. Beauchamp personally. She stated that she had thought the position, which happens to be filled by Ms. Beauchamp, was that of a contracted Planner and that the title of Planner had inferred certain expectations. To clarify what she had been trying to say, Ms. Chauvey stated she felt that since the Board is made up of laypeople, it would behoove them to have the opinion of someone experienced in planning when trying to make decisions, noting it is hard to make
informed decisions if you’re not informed. She agreed that no one should be directing the course of the Planning Board, as they are an elected body. Ms. Chauvey stated that as a tax payer she is having a difficult time understanding what the Planning Board put the money aside for. Chair Smith stated he felt that SRPC was hired to straighten out the ordinances and regulations. Ms. Chauvey agreed but felt that included looking at removing and/or adding regulations. As an example, she referenced Ms. Beauchamp’s research and submission of documentation on impact fees, at one board member’s request. Ms. Chauvey stated she felt the pile of documentation provided was overwhelming to a layperson and should come with a professional recommendation and supporting facts for that recommendation. Ms. Beauchamp offered her professional opinion on the Reviews, stating that the Planning Board should follow their rules and regulations
“to a T.” Mr. Harding acknowledged that it is clear to him from the Reviews that this is her professional opinion. Ms. Beauchamp also informed Ms. Chauvey that her professional recommendations for the changes regarding buildable area are in the two page document provided to the Board.
Chair Smith called a vote on the motion to adjourn. All in favor. Motion passed 5-0.
Meeting adjourned at 9:40 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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