NOTTINGHAM PLANNING BOARD MINUTES
FEBRUARY 7, 2007
PUBLIC HEARING
APPROVED FEBRUARY 28, 2007
PRESENT: ABSENT:
Mr. Dave Smith, Chair Ms. Sandra Jones
Mr. Skip Seaverns, Vice-Chair Mr. Scott Curry, Alternate
Mr. Mark Harding Ms. Gail Mills
Mr. Peter Gylfphe
Mr. Mary Bonser
OTHERS PRESENT:
Mr. Kelby Longuiel
Mr. Peter Landry
Mr. Dave Masison, Abutter
Mr. Daniel Mather, Property Owner
Mr. Hank Murphy, Greater Seacoast Habitat for Humanity
Mr. Bob Jaquith, Greater Seacoast Habitat for Humanity
Atty. Christopher Boldt, DTC
Ms. Celia Abrams, Conservation Commission
Ms. Susan Mooney, Conservation Commission
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Ms. Traci Chauvey, Planning Board Secretary
The Chair called the meeting to order at 7:10 PM.
APPROVAL OF MINUTES – January 31, 2007:
The Board opened discussion on the minutes.
Mr. Harding noted the word call and called in the first sentence of the next to the last paragraph on Page 3.
Mr. Seaverns made a motion to approve the minutes of the January 31, 2007 workshop meeting with the above correction. Mr. Harding seconded the motion. Mr. Smith, Mr. Seaverns, Mr. Harding and Mr. Gylfphe voted in favor. Ms. Bonser abstained. Motion passed 4-0, with one abstention.
Mr. Seaverns noted that he is referenced as saying he prefers the word plan, however, he did not mean that. He prefers plat and believes that is how it should be referenced in all documentation.
PRELIMINARY HEARING – LONGUIEL, PAUL – COOPERHILL ROAD – MAP 16 LOT 5:
The Chair opened the preliminary hearing at 7:17 PM.
Mr. Kelby Longuiel came to speak on behalf of his father, Paul Longuiel. He stated that his father owns Lion’s Mill on Cooper Hill Road. He stated that there were five apartments at this site and in 2003 his father did a condo conversion with them. He stated that his father brought in plans and documents at that time. Mr. Longuiel stated he brought copies of everything and asked the Board if they would sign off on the condo documents. He stated he had put a place on the plans for the Planning Board to sign, however, if they would prefer perhaps they could just write a letter stating they do not review condo documentation.
Mr. Gylfphe inquired about the acreage of the property. Mr. Longuiel responded that he thought it was around two acres but he would need to verify that. He noted that there were five apartments. Mr. Longuiel stated he brought a copy of the DES septic approval. He stated there is also a spot on the DES approval for a second septic and well. Mr. Gylfphe asked when these became apartments. Mr. Longuiel responded he believed it was sometime in the ’70’s.
Mr. Seaverns noted that there is a requirement for a site plan review in the Ordinances, Section VI G-3b for a condo conversion. Mr. Smith informed Mr. Longuiel that he should hold on to his documentation until he submitted an application for a site plan review. He informed Mr. Longuiel he could get the application and supporting documentation from the Planning & Zoning Office.
PUBLIC HEARING CONTINUANCE – GREATER SEACOAST HABITAT FOR HUMANITY FOR MATHER, DANIEL FRED – OLD TURNPIKE ROAD - MAP 16 LOT 31 - CASE #P06-16-SUB:
The Chair opened the public meeting on Case #P06-16-SUB at 7:40 PM.
Mr. Peter Landry spoke on behalf of Habitat for Humanity and Mr. Mather. He noted for the record that many of the issues addressed in Strafford Regional Planning Commission’s Completeness Report are the same issues that have repeatedly been addressed at recent meeting. He stated that he wanted to assure everyone that his plats are the same as they have always been.
Ms. Beauchamp informed Mr. Landry that her copy of the plat says DRAFT. She was provided a new copy.
Mr. Landry noted that the land is on Old Turnpike Road just southeast of the junction of Routes 4 & 152. He stated they were looking to create a lot for Habitat for Humanity. He reported that they have a driveway permit and provided the Board with copies of the permit and the extension. Mr. Landry stated that the parent lot has an existing driveway with an existing driveway permit. The plat shows a 30’ X 60’ dwelling that fits within the building setbacks. He stated the septic encroaches in the 50’ setback but does abide by the State setback of 10’. Mr. Landry noted that there are some old wells down in the wetlands. He stated one is used to service Mr. Mather’s house. The other, to the west, services the neighbor to the northwest corner. Mr. Landry noted
the area is a wooded area.
Mr. Landry reported that both properties have a minimum of 200’ of frontage and two acres. He noted that the 4K area is in the “area fit for building.” He stated that it is important for the Board to realize that the septic is in, and it is not in the 4K area. He reminded all those present that the 4K area is only to show a suitable area, it does not mean the septic is going in that spot.
Mr. Seaverns noted that the curb cut was the first issue on SRPC’s Completeness Report and clarified with Ms. Beauchamp that she was all set with the plat provided to her tonight. She stated she was.
Mr. Smith noted that the “buildable area” issue addressed in SRPC’s report was all set. SRPC’s Completeness Report noted Section IV F. of the Subdivision Regulations. He stated that this refers to the 4K areas and one does not meet the requirement. Mr. Landry stated that what is on the plat is allowable. Mr. Smith stated it is not allowable according to Town Regulation. Mr. Seaverns said he did not understand why the septic could not be moved over. Mr. Landry replied that he did not want to stop doing things the way he had done them in the past. He stated the regulations are 10’ off the lot line and that is where he wants to place it. Mr. Smith, again, stated that 10’ is not the setback according to Town Regulations. Mr. Landry replied that 10’ is
the setback according to the Building Inspector.
Mr. Smith noted SRPC’s Completeness Report noted that there were no waivers for the scale of the plat and the 5-foot topography for the entire parcel. Mr. Landry submitted signed waivers.
Mr. Landry stated he would note on the plat that the lots are wooded.
Mr. Landry stated he did not understand SRPC’s comment on the individual Lot Sewage Facilities. Mr. Seaverns stated he wanted Mr. Landry to put the square footage of the contiguous area on the plat. He also noted that he felt if the plat was showing a contiguous area, all contiguous area that is fit for building on a lot should be shown; not just the required 60,000. He stated that Mr. Landry has indicated that the rest of the 15 acre parcel is not fit for building by the way he has delineated the fit for building area. Attorney Boldt stated he did not feel that because only 60,000 is shown for this particular project it was an indication that the rest of the lot was not buildable. He asked if Mr. Seaverns wanted to see a number indicating contiguous uplands. Mr. Seaverns stated he wants to
see the area fit for building on every lot using the contiguous area instead of the 200 X 200 area. Mr. Seaverns noted that the since the entire parcel is not shown on this plat, Mr. Landry should indicate the buildable area exceed the area shown. Ms. Bonser stated the Regulations did not require someone to show more than 60,000 contiguous feet. Mr. Smith and Mr. Seaverns noted that usually total uplands are shown. Attorney Boldt noted for the record that he represents Habitat for Humanity, not Mr. Mather. He stated they are looking for a single lot and wanted to make it clear that nothing they are doing is taking away any of Mr. Mather’s rights for future plans for his remaining 15 acres. He hoped the Board would not look upon the area Mr. Landry had outlined as fit for building as the only area fit for building on Mr. Mather’s lot in regards to Habitat’s application for the one lot. Attorney Boldt also noted that the
driveway permit Mr. Mather obtained is for 2 lots and he has rights to that driveway. Mr. Seaverns stated, again, he feels that plat needs to show the size of the contiguous area or, in the case of Mr. Mather’s plat, a note stating the area exceeds 60K.
SRPC’s Completeness Report requested a note be added to the plat regarding no future subdivision within 4 years. Mr. Smith stated that had been voted down before. The Board does not want to put the Town’s Regulations on the plats.
In reference to SRPC’s Note 6, Mr. Smith noted that a well easement has not been requested in the past when the 75’ radius goes over the lot line.
Mr. Boldt noted that N/A was used to answer Item F #4 on the Impact Statement Form because they did not have a wetland crossings.
Mr. Seaverns noted that the locus in the corner of the map did not have the same shape as the larger segment used for the plat. Mr. Landry stated that was taken from the tax map, which needs to be corrected.
Mr. Smith read the waivers for the record.
Ms. Bonser made a motion to accept both waivers submitted in regards to scale of the plat and the 5-foot topography for the entire parcel for plans dated October 2006. Mr. Gylfphe seconded to the motion. All in favor. Motion passed 5-0.
Mr. Gylfphe made a motion to accept the Subdivision Application of Greater Seacoast Habitat for Humanity for Daniel Fred Mather, Map 16 Lot 31, Case #P06-16-SUB. Mr. Seaverns seconded the motion. All in favor. Motion passed 5-0.
Mr. Mather informed the Board that he did not wish to wait 4 years before applying for another lot. He has intended three lots all along. Mr. Smith informed him that is a zoning requirement and the only way to not wait four years is to hold off on this subdivision and do what he wants now or go to the Zoning Board to see if they would waiver that requirement. Mr. Landry asked about phasing. Ms. Bonser stated that does not apply. All plats are presented at one time, building is done in phases. Mr. Smith inquired about the lack of frontage for another lot. Mr. Mather stated he needed to go before the ZBA. Mr. Mather asked if he should submit his zoning application at this time. Ms. Bonser stated he is welcome to submit his application to the Zoning Board whenever he pleases.
Mr. Smith informed Mr. Mather that the Board would now decide which departments to send the plat to and that the fire department would send a response now. Ms. Beauchamp asked if anyone planned to do a site walk. Members of the Conservation Commission indicated they would like to do a site walk. Mr. Landry stated the bounds had not been set, yet. Mr. Seaverns suggested that a site walk set for the Saturday before the next meeting might be helpful and noted that letters should be sent to the Fire Department, Conservation Commission, and Planner for comment. Mr. Smith set a site walk for Saturday, February 17 at 8:00 AM, stating there will not be a quorum of the Planning Board. Mr. Smith asked Ms. Chauvey to forward letters to the Fire Department and Conservation Commission inviting them to the site walk. Mr. Seaverns noted that the Fire Department will need to take into consideration the properties across the street that may be in Northwood.
Mr. Seaverns stated a notice should be sent to the Selectmen’s Office regarding the Tax Map difference to Mr. Landry’s survey.
Mr. Gylfphe made a motion to recess the hearing of a subdivision application from Greater Seacoast Habitat for Humanity for Daniel Fred Mather, Case #P06-16-SUB, Map 16 Lot 31 until February 21, 2007 at 7:45 PM. Mr. Seaverns seconded the motion. All in favor. Motion passed 5-0.
Ms. Beauchamp was authorized to do a compliance review for Case #P06-16-SUB.
Ms. Bonser left the meeting at this time.
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 9:25 PM.
Mr. Landry spoke in representation of the Daniels. He requested an extension as the applicant is still awaiting approval from DES. He requested to be placed on the agenda for March 7.
Mr. Seaverns made a motion to recess the hearing of a subdivision application from Jonathan & Lisa Daniels, Cooper Hill Road, Map 1 Lot 70, Case. #P06-14-SUB until March 7, 2007 at 7:30 PM. Mr. Gylfphe seconded the motion. Motion passed 4-0.
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 9:38 PM.
Mr. Smith reported that had been a request to postpone the hearing until February 21, 2007.
Mr. Gylfphe made a motion to recess the hearing of a subdivision application from Jonathan & Mary Paige Witham, Ledge Farm Road, Map 59 Lot 37, Case #P07-03-SUB until February 21, 2007 at 7:15 PM. Mr. Seaverns seconded the motion. All in favor. Motion passed 4-0.
OTHER BUSINESS:
Mail was distributed.
Approved minutes were signed.
Mr. Smith read for the record a response from DOT to Neighborhood Guardians regarding their request for an appeal in regards to the driveway permit issued to USA Springs. It was denied.
Upcoming conferences were discussed.
Mr. Smith informed the Board that PSNH was coming in for tree maintenance on Case Road, Mitchell Road, Poor Farm Road, and Ledge Farm Road.
Mr. Gylfphe noted that UNH was requesting to have the surveys that they dropped off last November returned. He stated he was not going to fill it out as he felt it got too personal.
Ms. Beauchamp told the Board that she had inquired to Alan Garland about whether or not the second driveway approved for Mr. Mathers lot was taken into consideration when they were planning the intersection of Stage Road and Route 4. She stated that his comment was that the proposal had been shelved. Ms. Beauchamp asked the Board if this was something that Nottingham, as a Town, had not wanted. Mr. Smith stated a public hearing had been held. Mr. Seaverns stated that there were a number of issues with the proposal, including the taking of a number of homes and a couple of businesses. Mr. Seaverns noted that DOT had bought the properties during this time. Ms. Beauchamp asked if the Board felt the proposal would be better received now since the properties were already purchased. Mr. Seaverns stated
that the proposed site would create more of a problem, especially with trucks.
Ms. Chauvey noted that Ms. Mills had sent her the job description for the work study student the Town was looking to hire. Duties include the converting of files to the new system, answer phones, filing, maintenance of files, organization of office materials, preparing notices for mailing, photocopying, and other duties as assigned. Mr. Seaverns felt the student should not answer the phone.
Ms. Chauvey informed the Planning Board that she felt the Planning Board needed to have a separate phone line from the Building Inspector. She explained that it is often hard to make or return calls in a timely manner because her hours are limited and the line is shared with the Building Inspector. She thought it was something the Board should think about and perhaps budget for next year. Mr. Smith suggested the Planning Board send a memo to Charles Brown, Town Administrator, identifying this as an issue.
Mr. Smith noted that the Board had received correspondence from PSNH indicating that they would like to be notified when the PB is hearing subdivisions involving PSNH easements. Ms. Beauchamp stated she would add them to the list.
Mr. Smith set a workshop for Wednesday, February 28, 2007 at 7:00 PM for the Subdivision Regulations.
Mr. Gylfphe made a motion to adjourn the meeting. Mr. Smith seconded the motion. All in favor. Motion passed 4-0.
Meeting adjourned at 10:20 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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