NOTTINGHAM PLANNING BOARD MINUTES
APRIL 18, 2007
PUBLIC HEARING
Approved May 2, 2007
PRESENT: ABSENT:
Mr. Dave Smith, Chair Ms. Sandra Jones
Mr. Peter Gylfphe Ms. Mills
Mr. Scott Curry, Alternate
Mr. Mark Harding
Mr. Bob Davidson
Mr. Mary Bonser (arrived @ 8:02 PM)
OTHERS PRESENT:
Mr. Thomas Howe, Society for Protection of N.H. Forests
Ms. Celia Abrams, Conservation Commission
Mr. Jim Fernald, Applicant
Ms. Grace LaPointe, Property Owner
Mr. Steve White, Resident
Mr. Vern Dingman, Surveyor
Mr. John Curtis
Ms. Deb Stevens, Applicant
Mr. Roscoe Blaisdell, Surveyor
Mr. Jonathan Daniels, Applicant
Mr. Bernard Adams, Applicant
Mr. Jonathan Daniels, Applicant
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Ms. Traci Chauvey, Planning Board Secretary
Chair Smith called the meeting to order at 7:13 PM. He asked Mr. Curry to sit in for Ms. Mills.
Preliminary – White, Stephen – 131 Raymond Road – Map 63 Lot 80-1:
Chair Smith opened the discussion at 7:15 PM.
Mr. Dingman spoke in representation of Ms. LaPointe. He indicated that Ms. LaPointe owns approximately five (5) acres on the corner of Route 156 (Raymond Road) and Barderry Lane with 200’ of frontage on Route 156 and approximately 800’ of frontage on Barderry. Mr. Dingman reported that Ms. LaPointe’s house was to the front of the lot with the driveway on Route 156 and she wanted to subdivide with two (2) acres to the front and three (3) to the back. He noted that Barderry is a private road, however, it is publicly maintained and inquired as to whether the application would need to come before the Planning Board for denial before going to the Zoning Board of Adjustment. Mr. Gylfphe stated that Barderry is a private road and only maintained as an emergency way. Chair Smith informed Mr. Dingman
that the property owner could go to the ZBA at any point. Mr. Gylfphe stated that it is a State RSA requiring subdivisions to be on public ways. Mr. Dingman stated it would come to the Town if the owners agreed to enter into a ‘hold harmless’ agreement, and the variance was approved by the ZBA. Chair Smith read for the record RSA 674:41 Erection of Buildings on Streets. Ms. Beauchamp asked if the Board of Selectmen issue building permits on private roads. Chair Smith stated that Ms. Bonser would be the one to answer that and she was not present. Mr. Dingman stated that based on the RSA he felt that the proposal was allowable under law if they received ZBA approval and entered into a ‘hold harmless’ agreement with the Selectmen. Chair Smith replied that he felt it would be impossible for the owner to get home owners insurance if they entered into that type of an agreement, and without insurance would not be
able to obtain a mortgage. Mr. Dingman stated the difference he noted between this situation and the RSA is that the RSA references private roads that are not maintained, however, this road is maintained as an emergency way. Mr. Curry stated he did not feel this was an issue to be solved here. Mr. Dingman stated he was simply looking for direction. Chair Smith advised Mr. Dingman to go to the Selectmen prior to the ZBA.
Mr. Dingman thanked the Board and left the meeting with his clients.
Public Hearing Continuance – Subdivision (acceptance, compliance review, and final approval of a 2-lot subdivision) – RLS Layout & Design for Blue Fin Development – Kennard Road – Map 11 Lot 7 – Case #P06-09-SUB:
Chair Smith opened the public hearing at 7:40 PM
Ms. Chauvey reported that she had received a request from RSL Layout & Design requesting a 30-day continuance. She stated that they had been waiting for direction from the Board in follow up to a conversation Chair Smith was to have with the Town’s attorney. Ms. Chauvey stated the due to weather conditions during the last meeting, the meeting was adjourned prior to the discussion of other business. Chair Smith stated he did speak with Attorney Teague. He asked Ms. Chauvey to contact RSL to come in and the Board would provide direction to them at that time.
Mr. Gylfphe made a motion to recess the hearing of a 2-lot subdivision application from RSL Layout & Design for Blue Fin Development on Kennard Road, Map 11 Lot 7, Case #P06-09-SUB until May 2, 2007 at 7:15 PM. Mr. Davidson seconded the motion. All in favor. Motion passed 5-0.
Public Hearing Continuance – Subdivision Application (acceptance, compliance review, and final approval of a 3-lot subdivision) – Daniels, Jonathan & Lisa – Cooper Hill Road – Map 1 Lot 70– Case #P06-14-SUB:
Chair Smith opened the public hearing at 7:45 PM
Mr. Landry had faxed a request for a 2-week continuance on behalf of the Daniels. Mr. Daniels appeared before the Board to provide an update. He stated he had finally received approval from the Wetlands Bureau and provided the Board with the number. Mr. Daniels also informed the board that there were changes to the plat such as culvert diameter. He stated he is currently awaiting State Subdivision Approval.
Mr. Curry made a motion to recess the hearing of a 3-lot subdivision application from Jonathan and Lisa Daniels, Cooper Hill Road, Map 1 Lot 70, Case #P06-14-SUB until May 2, 2007 at 7:15 PM. Mr. Davidson seconded the motion. All in favor. Motion passed 5-0.
Public Hearing – Lot Line Adjustment Application – Adams, Bernard, Map 29 Lot 5, 228 Stage Road – Stevens, Deborah, Fernald, James, and Fernald, Frederick, Map 29 Lot 8, Mulligan Forest, CASE #P07-05-LL:
Chair Smith opened the hearing at 7:50 PM. Mr. Harding recused himself as an abutter.
Mr. Blaisdell spoke in representation of Mr. Adams stating that during a survey it was discovered that Mr. Adams’ well and barn were located on the Fernald property. The Fernald’s had then been approached and asked if they would consider a lot line adjustment . In return for moving the lot line around Mr. Adams’ well and barn, the Fernalds’ would receive some road frontage from Mr. Adams to access the property.
Mr. Blaisdell handed out new plats and submitted requests for waivers of the impact statement, plat scale , and plat contours. He stated he added the flood line, the wooded areas, and the granite bounds to be set. Chair Smith stated that the bounds will need to be set prior to approval. At Mr. Gylfphe’s suggestion, Mr. Blaisdell submitted a waiver for the perimeter survey of Mulligan Forest, also.
Chair Smith noted that Mr. Adams was not present and there was no authorization in the file for Mr. Blaisdell to represent him. Mr. Curry stated he did not feel the waivers should be accepted as written because they gave no other reason than the request was unnecessary. Mr. Blaisdell agreed to rewrite his waivers.
Ms. Beauchamp inquired as to whether or not the board had received an e-mail from Cynthia Copeland at Strafford Regional Planning Commission voicing her concern that this property was part of the conservation easement that went before the voters at the 2006 Town Meeting. Chair Smith informed Ms. Beauchamp that the Fernald property is the easement property, however, the easement has not gone into effect. Mr. Howe spoke on behalf of the Society for the Protection of New Hampshire Forest who will be the holders of the conservation easement. He stated that the Society fully supports the Fernalds’ desire to resolve this issue with a lot line adjustment. Ms. Beauchamp asked Mr. Howe to provide a letter of support from the Society for the file.
Mr. Gylfphe asked if this frontage was the only road frontage on Route 152 to Mulligan Forest. Mr. Howe stated that it was not. Ms. Stevens added that this road frontage would not provide access for the public. Mr. Howe stated that from the easement standpoint the road frontage would be used strictly for management purposes.
Mr. Adams arrived at 8:00 PM. Mr. Blaisdell asked him to provide an authorization for representation for the file. Mr. Adams agreed.
SRPC’s Compliance Review was addressed. Waivers will be submitted for the Impact Statement, contours, and perimeter survey of Mulligan Forest. The wooded areas were added to the plat. There are no existing culverts. Mr. Blaisdell will delineate the Flood Zone A area on the plat and correct the Notes referencing Lot 7 (should be Lot 8).
Chair Smith informed Mr. Blaisdell that the only thing missing for acceptance was the request for waivers. Mr. Blaisdell rewrote and submitted waivers for the Impact Statement, contours, and perimeter survey of Mulligan Forest. Chair Smith read the waivers for members of the board.
Mr. Curry made a motion to accept all waivers as read. Mr. Davidson seconded the motion. All in favor. Motion passed 6-0.
Mr. Gylfphe made a motion to accept the application for a lot line adjustment by and between Bernard Adams, Map 29 Lot 5, 228 Stage Road and Deb Stevens, James Fernald and Fredrick Fernald, Map 29 Lot 8, Mulligan Forest, Case #P07-05-LL. Ms. Bonser seconded the motion. All in favor. Motion passed 5-0.
Mr. Gylfphe made a motion to recess the application (final approval) for a lot line adjustment by and between Bernard Adams, Map 29 Lot 5, 228 Stage Road and Deb Stevens, James Fernald and Fredrick Fernald, Map 29 Lot 8, Mulligan Forest, Case #P07-05-LL until May 2, 2007 at 7:15 PM. Mr. Davidson seconded the motion. All in favor. Motion passed 5-0.
No Compliance Review was requested. Ms. Chauvey stated all fees, including the approval fees, have been paid, however, $24.00 was due for three additional abutter notices. Mr. Adams paid $24.00. Mr. Blaisdell was informed the board would need four new plats and a mylar at the next meeting.
APPROVAL OF MINUTES:
Ms. Bonser made a motion to accept the minutes of March 21, 2007 as written. Mr. Harding seconded the motion. All in favor. Motion passed 6-0.
ELECTION OF OFFICERS:
Ms. Bonser nominated Mr. Smith for the office of Chairman. Mr. Davidson seconded the motion. All in favor. Motion passed 6-0.
Chair Smith nominated Mr. Gylfphe for the office of Vice-Chairman. Ms. Bonser seconded the motion. All in favor. Motion passed 6-0.
Mr. Curry nominated Ms. Mills for the office of Secretary. Mr. Gylfphe seconded the motion. All in favor. Motion passed 6-0.
other business:
Ms. Chauvey asked member of the Board if anyone besides Ms. Bonser and Mr. Harding needed copies of the documents from Ms. Beauchamp for the next workshop meeting. Mr. Curry and Mr. Davidson asked to receive copies of the same documents.
Mr. Curry informed the other members of the board that he had been considering resigning as he had not been able to attend many meetings. He wanted input from the other members. He stated that he would not be able to regularly attend meetings, but would be available if requested. Members of the board informed Mr. Curry that his opinion and input are valued and they would rather continue as it has been than have him resign.
Mr. Smith informed members of the board that he had received an e-mail from Sandra Jones indicating that she intends to resign. The e-mail said she would come in before the board to discuss it.
Ms. Chauvey displayed the map she had created to verify abutters of the Mulligan Forest lot line adjustment case that was presented tonight. She explained that it took over a week to put this together and start the verification process. Based on RSA _______ making the abutter list the responsibility of the applicant, she requested a vote from the board to not verify abutter lists. Ms. Bonser stated she did not want to deny an application because the abutters list was incorrect. Ms. Chauvey suggested not opening the public hearing and continuing the application. Mr. Harding stated he wanted to be sure that there is help for the unknowing applicant and that all applicants are treated equally. Ms. Chauvey stated she is working on typing up processes for her position.
Ms. Bonser made a motion to not have staff verify abutter lists. Chair Smith seconded the motion. All in favor. Motion passed 6-0.
Mr. Gylfphe made a motion to adjourn the meeting. Chair Smith seconded the motion. All in favor. Motion passed 6-0.
Meeting adjourned at 9:45 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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