NOTTINGHAM PLANNING BOARD MINUTES
DECEMBER 5, 2007
PUBLIC MEETING/HEARING
Approved 01/02/08
PRESENT: ABSENT:
Mr. Dave Smith, Chair Mr. Peter Bock, Selectmen’s Representative
Mr. Peter Gylfphe, Vice Chair
Ms. Gail Mills, Secretary
Mr. Bob Davidson
Mr. Scott Canney (sat at 7:13 PM)
OTHERS PRESENT:
Mr. Vern Dingman, Surveyor
Ms. Grace LaPointe, Applicant
Mr. Steve White, Co-Applicant
Ms. Petra Gazzola, Applicant
Mr. Scott Canney (appointed, sworn in, and sat)
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Ms. Traci Chauvey, Secretary to the Planning Board
Chair Smith called the meeting to order at 7:06 PM. He informed everyone that Mr. Canney was interested in becoming an appointed member of the Planning Board. Mr. Davidson confirmed with Mr. Canney that he wished to be an appointed member filling the vacancy left by Mr. Mark Harding and not just an alternate. Mr. Canney stated that he plans to run for the position in March.
Mr. Davidson made a motion to accept the appointment of Mr. Scott Canney for the remaining term of Mr. Mark Harding, due to expire in March. Mr. Gylfphe seconded the motion. All in favor. Motion passed 4-0.
Mr. Canney left to be sworn in by the Town Clerk and returned at 7:13 PM.
PUBLIC MEETING – SUBDIVISION APPLICATION (acceptance, compliance, and final approval of a 2-lot subdivision) – LAPOINTE, GRACE – 131 RAYMOND ROAD – MAP 63 LOT 80-1 – CASE #P07-11-SUB.
Chair Smith opened the public meeting at 7:15 PM.
Mr. Dingman, in representation of Ms. LaPointe, submitted a copy of the new DOT application.
Chair Smith read through the list of outstanding issues noting that another test pit had been dug within the 4K area and a new driveway application had been submitted.
Chair Smith noted that there was no missing impact statement as was thought at the last meeting. A waiver request for the impact statement had been submitted, however, it did not contain Ms. LaPointe’s signature. Mr. Dingman supplied a waiver request which had been signed by Ms. LaPointe. He stated that this was a 2-lot subdivision and there was no impact in the foreseeable future. Addressing the points of the impact statement, he stated that the lot will be using an already approved driveway, the lot will be going to Ms. LaPointe’s brother whose children are grown, the Fire Chief will have his input when the application process reached that point, noting that the applicant will adhere to whatever specification was asked. He stated that electric already goes to the property, it will just need to be
brought down the driveway. He stated there are no environmental issues other than minimal tree cutting for the driveway, well, and leach field. He added that there is no endangered species of plants or animals that has every shown up on the State’s maps. He stated that there are no streams or run-off existing on the lot and no grading issues. He stated there is only about 30 square feet of wetlands on the property. Lastly he stated that the impact statement is not applicable to this subdivision.
Mr. Gylfphe made a motion to accept the waiver request from Ms. LaPointe, 131 Raymond Road, Map 63 Lot 80-1, Case #P07-11-SUB, for the impact statement. Ms. Mills seconded the motion. All in favor. Motion passed 5-0.
Mr. Dingman stated that he had added the Plan # to the note as requested by Ms. Beauchamp.
Mr. Dingman submitted a waiver request for the scale of the plat, stating that the 1”=40’ was a more readable scale for this plat.
Mr. Gylfphe made a motion to accept the waiver request for the scale of the plat. Mr. Davidson seconded the motion. All in favor. Motion passed 5-0.
Mr. Gylfphe made a motion to accept the subdivision application of Grace LaPointe for a 2-lot subdivision at 131 Raymond Road, Map 63 Lot 80-1, Case #P07-11-SUB. Ms. Mills seconded the motion. All in favor. Motion passed 5-0.
Mr. Dingman, noting that Ms. Beauchamp had asked him to copy Note 8 from Page 2 onto Page 1 and acknowledging that the Board still needed to feedback from the fire department, asked if the Planning Board would be willing to give conditional approval for this subdivision. Chair Smith stated that the Planning Board does not grant conditional approvals. Mr. Dingman stated that the applicant would not contest any recommendation made by the Fire Chief. Ms. Beauchamp asked if the Planning Board wanted to see the language for the easement. Chair Smith stated he is not comfortable with a conditional approval. Chair Smith informed Mr. Dingman that the Planning Board would need to obtain escrow funds of $250 from the applicant for the compliance review. Ms. LaPointe submitted a check.
Mr. Gylfphe made a motion to recess the subdivision application of Grace LaPointe for compliance and final approval of a 2-lot subdivision at 131 Raymond Road, Map 63 Lot 80-1, Case #P07-11-SUB, until December 19, 2007 at 7:15 PM. Mr. Davidson seconded the motion. All in favor. Motion passed 5-0.
PUBLIC MEETING – LOT LINE ADJUSTMENT APPLICATION (acceptance, compliance, and final approval) – GAZZOLA REVOCABLE TRUST, PETRA GAZZOLA, TRUSTEE – 107 & 111 RESERVATION ROAD (both properties are owned by the applicant) – MAP 76 LOTS 1 & 1-1 – CASE #P07-14-LL.
Chair Smith opened the meeting/hearing at 7:35 PM.
Ms. Gazzola submitted new plats for the board to review.
Ms. Beauchamp noted that Note #1 had been corrected.
Ms. Chauvey noted that the driveway curb-cut had been added.
Mr. Gylfphe made a motion to accept the lot line adjustment application of Gazzola Revocable Trust, Petra Gazzola, Trustee, 107 & 111 Reservation Road, Map 76 Lots 1 & 1-1, Case #P07-14-LL. Mr. Canney seconded the motion. All in favor. Motion passed 5-0.
Chair Smith opened the public hearing. No abutters were present. Chair Smith closed the public hearing.
Mr. Gylfphe made a motion to approve the lot line adjustment application of Gazzola Revocable Trust, Petra Gazzola, Trustee, 107 & 111 Reservation Road, Map 76 Lots 1 & 1-1, Case #P07-14-LL. Mr. Canney seconded the motion. All in favor. Motion passed 5-0.
Ms. Chauvey informed Ms. Gazzola that she would need to submit $95 for administrative, remapping, and recording fees. Ms. Gazzola submitted a check. Members of the Board signed the plans. Ms. Gazzola left the meeting.
OTHER BUSINESS:
Gerrior Lane Trust – The Homestead Subdivision – Mr. Mike Daigle
Mr. Daigle stated that he had come before the Board this evening to initiate the process of approval of a stone wall entrance to the Homestead Subdivision. Chair Smith confirmed with Mr. Daigle that these stone walls were not on the original plat.
Ms. Chauvey informed the members that she had had a conversation with Mr. Daigle’s father, Mr. Peter Daigle, Trustee of Gerrior Lane Trust. She stated that they wanted to submit new bonds and recapture the funds from the Letters of Credit that were called back in September. She asked Mr. Mike Daigle if he was also prepared to address that issue. Mr. Daigle stated he was. He informed the members that TD Banknorth had agreed to issue two new Letters of Credit. He asked the board how to obtain the amounts required. Ms. Chauvey informed Mr. Daigle that the Planning Board’s process is to obtain a report from the town engineer at Rockingham County Conservation District. Chair Smith noted that, prior to the calling of the Letters of Credit, the Trust had not been in for a bond reduction in quite
some time and he thought the new construction bond would be less than the one that was called. Mr. Daigle asked how to get in touch with them. Ms. Chauvey stated she would contact them at the request of the Planning Board and that Gerrior Lane Trust would be responsible for the costs associated with the report.
Referring to the hand drawn picture of the stone walls Mr. Daigle had, Chair Smith stated he felt that Mr. Wenninger, the Town’s Engineer, was going to want to see professionally engineered plans.
Chair Smith asked Ms.Chauvey to contact RCCD. He further asked her to let Mr. Wenninger know that the developer was looking for bond amounts and to install stone walls.
Ms. Chauvey confirmed with Mr. Daigle that she should mail things to his father’s office address at 1550 Falmouth Road, Ste. 15, Centerville, MA 02632. Ms. Chauvey asked who Mr. Wenninger should contact, if needed. Mr. Daigle asked Ms. Chauvey to give Mr. Wenninger his cell phone number.
Mr. Daigle left the meeting.
OUTSTANDING BUSINESS
Ms. Beauchamp informed the members that she needed clarification of the changes that the Planning Board wants to propose for the Zoning Ordinances. Drawing on the chalkboard, she showed a lot with 200’ of frontage and inquired as to why the Planning Board wants to continue to ask for a 200 X 200 square foot area when they have determined that nothing can be built or placed in the 50’ setback area. Chair Smith stated that he had been thinking about this issue quite a bit and had changed his mind about septics meeting the 50’ setback. He stated that he wants a reason why Nottingham should be stricter than the State requirements. Mr. Gylfphe stated that he believed they had decided that the 10’ setback allowed by the State infringes upon the abutting property owner’s rights to their own
property because of radius’. Ms. Mills stated that, in effect, the person who places their septic 10’ from the property line is taking an easement from the abutting property. Chair Smith stated that he feels they are making it more difficult to create lots in a time of low economy. Ms. Beauchamp stated that, at present, they were only trying to clarify what is already there. She stated that Ms. Bonser had asked her to have the changes available a week before the meeting and she needed clarification on what the Planning Board is proposing. Chair Smith stated that if all other members were ok with the determination that had been made then they needed to move forward with the proposed zoning changes and asked Ms. Beauchamp to explain her drawing. Ms. Beauchamp stated that a developer will not be able to provide a 200 X 200 square foot area unless there was a minimum of 300’ of road frontage for the lot. Mr. Gylfphe stated
that the 200 X 200 square foot area can go to the boundaries. Ms. Beauchamp stated that the Planning Board is looking for a “suitable area” and that the 50’ setback does not qualify because nothing can be built there, which makes it not suitable. Mr. Gylfphe stated that a shed can be built there. Ms. Beauchamp stated that a suitable area is supposed to represent where a house, septic, leach field can go. She noted that she believes there is one other thing represented by the suitable area but could not recall what it is. Chair Smith clarified with Ms. Beauchamp that a lot with only 200’ of frontage will have to use the 60,000 contiguous feet for the suitable area. Ms. Beauchamp stated that if the property goes back and opens up, the developer could still present a 200 X 200 sq. ft. area. Chair Smith concurred. Ms. Beauchamp stated that if this is what the Planning Board wanted, the definition in the Zoning
Ordinance would need to be changed, along with two other references to building area. Chair Smith asked members if they wanted to look at changing the 200 X 200 ft. square to 100’ X 100’. Ms. Beauchamp stated that was very small and she felt the only reason the 200’ X 200’ was in the ordinance at all was to create “normal” shaped lots, noting that most towns carry the contiguous foot requirement but not the square requirement, adding that a perfect square is hard to get. Mr. Gylfphe stated that he felt they needed to look cluster developments again. Ms. Beauchamp stated that the Conservation Commission is working on something.
Mr. Mills made a motion to adjourn the meeting. Mr. Gylfphe seconded the motion. All in favor. Motion passed 5-0.
Meeting adjourned at 8:35 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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