NOTTINGHAM PLANNING BOARD MINUTES
JANUARY 16, 2008
PUBLIC MEETING/HEARING
Approved 02/20/08 as written
PRESENT: ABSENT:
Mr. Dave Smith, Chair
Mr. Peter Gylfphe, Vice Chair
Ms. Gail Mills, Secretary
Mr. Peter Bock, Selectmen’s Representative
Mr. Scott Canney
Mr. Bob Davidson
OTHERS PRESENT:
Ms. Patricia Armitage, Abutter
Mr. Peter Landry, Landry Surveying
Pastor George
Mr. Dick Plantier, Applicant’s Developer
Mr. Sam Demeritt, Conservation Commission
Ms. Deb Stevens, Conservation Commission
Ms. Celia Abrams, Conservation Commission
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Ms. Traci Chauvey, Secretary to the Planning Board
Chair Smith called the meeting to order at 7:08 PM.
Ms. Chauvey informed Chair Smith that the Planning Board would need to decide this evening to hold a second hearing on the proposed zoning changes because of public notification time lines with the last day to hold the public hearing being Tuesday, February 5, 2008. Board members decided to cancel the regularly scheduled meeting for Wednesday, February 6, 2008 and hold a second public hearing for the proposed zoning changes on Tuesday, February 5, 2008.
MINUTES
No copies of minutes present.
PUBLIC MEETINGS/HEARINGS
PUBLIC MEETING – SITE PLAN REVIEW (acceptance, compliance and final approval of a site plan review – change of use) – HIGHER GROUNDS BAPTIST CHURCH FOR DOROTHY BEAM LIMITED, LLC – 100 OLD TURNPIKE ROAD – MAP 4 LOT 8 – CASE #P07-19-SIT.
Chair Smith opened the public hearings at 7:17 PM.
Chair Smith stated the Planning Board has previously approved a change of use for this site from a light manufacturing facility to a trucking business and inquired as to what happens to that approval when the approved business never goes in. Mr. Landry felt that if either a trucking business or electronics business was the proposed business going into the site, then the applicant would not need to come before the Planning Board because those uses have already been approved.
Mr. Landry asked to have the plans filed with the application disbursed to the members of the Board. Chair Smith distributed them.
Chair Smith read a memo to the file which stated that the plat was from RSL Layout & Design, however, Mr. Landry was the presenting Surveyor. RSL Layout & Design had not been listed for notification nor had a notarized letter from Mr. Ladd authorizing Mr. Landry to use the plat been received. Ms. Chauvey stated that NH RSAs require that all persons whose professional stamp appears upon a plat must be notified. Ms. Beauchamp reported that it was NH RSA 676:4. Mr. Landry asked members to dispose of the plan, stating that the only reason he had provided copies was so that the Board would not have to pull their copy from the office. He noted for the record that they are here for a change of use and want the Board to approve the impact statement. Mr. Landry stated he is not representing
the plat, it was for information purposes only. Ms. Beauchamp agreed that the plat should not have been submitted with the application. Ms. Mills asked for clarification on why a plan was not required for a site plan review application. Chair Smith and Ms. Beauchamp informed Ms. Mills that this is really a change of use, not a site plan review. A site plan review would be required if they intended to change the site. These applicants only want to change the use.
Mr. Plantier stated that the site was previously approved for 33 parking spaces and, using the formula of four members per space, they have arrived at a capacity of 120 congregation members plus three handicapped spaces, stating that there is currently about 30 people in the congregation.
In response to an inquiry from Mr. Gylfphe, Mr. Plantier stated that the building is 32’ X 60’.
Mr. Landry stated that the site has a State approved septic that has a capacity of 845 gallons per day. He informed the board that DES requires three gallons per day per person, which would allow 280 persons on this septic per day. He summed up stating that the septic is of adequate size to handle the change of use. Mr. Bock asked if the State has any concern that the use of the septic will be mainly at one time. Mr. Landry stated that every system that is designed and approved is approved based on the worst case scenario.
Mr. Landry asked Pastor George to speak to the Planning Board about the Church and their intent. Pastor George stated that the congregation is currently about 50 members including children. The currently worship at Northwood Elementary School on Sundays between 10:30 AM and 12:00 PM. He stated they have two Youth Groups and the groups have been meeting at members’ homes. He informed the Board that he is the only employee, noting that he does not get paid. He stated that the building would not be used during the day as he has a regular job as well. He stated that the Church is very involved in their community, offering such things as a food pantry, which is currently located at his home. They plan to use the building as a base for community outreach, to teach God’s word,
and to worship. Pastor George stated that Route 4 is a great location for the Church with great visibility and easy access.
Mr. Bock introduced himself and informed Pastor George that he has been involved in the Nottingham Food Pantry for the past 17 years. He suggested that it may be advantageous to Pastor George to speak with representatives from the Nottingham Food Pantry so as not to create any anomalies.
Mr. Gylfphe stated that his main concern was the capacity of the building. Mr. Landry thought it would be a good idea to have the fire department look at the site. Mr. Davidson and Ms. Mills agreed.
Mr. Bock asked if structure height restrictions of 34’ applied to crosses. Chair Smith stated that would be a question for the building inspector. Mr. Gylfphe asked about stairways. Mr. Plantier stated that there is one stairway and two fire exits.
Ms. Armitage stated that during the rainy season, the Beam property runs down onto her property. Chair Smith stated that the site is an existing site, which creates and existing condition that this applicant would not be responsible to remedy. He further stated that this application is only in the acceptance stage and the Planning Board would be taking public comment during the public hearing.
Chair Smith asked Ms. Beauchamp to point out the areas of concern since the Planning Board would not be addressing Strafford Regional’s Completeness Review. Ms. Beauchamp asked if the Planning Board was all set with the fire protection issue. Mr. Landry stated that it would need to be verified that there is a cistern within 2000’ of the property. Ms. Beauchamp noted that the applicant had used a statistical statement in the impact statement but had not referenced where the data came from.
Chair Smith read the impact statement for the record and asked members if they wanted to require the reference. Ms. Mills stated that she was not entirely comfortable with the type of impact statement supplied by Higher Ground Baptist Church, noting that normally an impact statement addresses physical impact on the community, however, the one received for this change of use was somewhat more of a moral impact statement. Ms. Beauchamp asked if the Planning Board was going to request a waiver for the statistical information. Mr. Plantier stated he would supply a new impact statement that did not include statistical data.
Mr. Gylfphe stated that his concern was with the structure and capacity of the structure and those things would come under the jurisdiction of the Building Inspector and Fire Department. Mr. Plantier stated that he had approached both but was informed that the request needs to come from the Planning Board.
Mr. Davidson left the meeting at this time.
Chair Smith asked Ms. Beauchamp to address the issues in Strafford Regional Planning Commission’s Completeness Review that were not resolved by removing the plat that was submitted with the application.
Ms. Beauchamp confirmed with Mr. Plantier that the site currently contains 33 parking spaces.
At Ms. Beauchamp’s inquiry, Pastor George stated that the site would be used for Sunday worship and bible study.
Ms. Beauchamp stated that the Planning Board would need a notarized letter which designates a representative from Dorothy Beam.
Mr. Plantier asked if the Planning Board would give a conditional acceptance for this plan so that the applicant can start moving forward. He noted that they had submitted their application on December 11, 2007 but because of human error they were not put on the agenda for the January 2 meeting. He further stated that they had received their Completeness Review just that day. Chair Smith stated that acceptance is a technicality and that getting or not getting conditional acceptance tonight would not hold up the application. He further stated that the only thing it may affect would be getting in touch with the Nottingham Fire & Rescue Department, but he felt that since there was only one minor issue it would be possible to contact the fire department prior to acceptance.
Mr. Gylfphe made a motion to have Ms. Chauvey contact both the Building Inspector and Nottingham Fire & Rescue Department for recommendations to the site. Ms. Mills seconded the motion. All in favor. Motion passed 5-0.
Mr. Landry asked members if they wanted to take a site walk. Chair Smith, Mr. Bock, and Mr. Canney made arrangements to take a site walk on Saturday, January 19, at 9:00 AM. Chair Smith asked Ms. Chauvey to let the Building Inspector and Fire Chief know about the site walk.
Ms. Mills made a motion to recess the public meeting of a site plan review application (acceptance, compliance and final approval for a change of use) from Higher Ground Baptist Church for Dorothy Beam Limited, LLC, 100 Old Turnpike Road, Map 4 Lot 8, Case #P07-19-SIT until January 22, 2008 at 7:15 PM. Mr. Canney seconded the motion. All in favor. Motion passed 5-0.
Ms. Beauchamp confirmed with Chair Smith that a Compliance Review would not be required for this application.
OUTSTANDING BUSINESS
Discussion – Gerrior Lane Trust
Chair Smith read the recommendation from Rockingham County Conservation District for the record. Mr. Wenninger, RCCD, recommended that the Town obtain a construction performance bond in the amount of $64,807.54. He also recommended a maintenance bond in the amount of $24,133.44 be held by the Town until such time that the development was complete. His recommendation regarding the proposed stone walls at the entrance was to have the applicant submit engineered plans. Ms. Chauvey pointed out that Mr. Wenninger’s recommendation states that the maintenance bond should be put in place once the road is complete and the performance bond expires. Ms. Beauchamp asked what Nottingham would do if the developer sold of all the lots and left town. Chair Smith asked Ms. Chauvey to get an opinion
from the Local Government Center.
Mr. Gylfphe made a motion to notify Gerrior Lane Trust that the Nottingham Planning Board would refund the monies from the Letters of Credit that were pulled by the Town in September 2007 upon submission of a performance bond for completion of the road in the amount of $64,807.54 and a maintenance bond to be held until completion of the development in the amount of $24,133.44. Ms. Mills seconded the motion. All in favor. Motion passed 5-0.
Conservation Overlay District
Chair Smith read for the record the letter from the Conservation Commission that was sent to land owners in the core area depicted on the Conservation Overlay District map. Mr. Bock asked how many letter went out. Ms. Beauchamp reported that she believed it was close to 150 residents in the core area that own 20 acres or more.
ADJOURNMENT
Mr. Gylfphe made a motioned to adjourn. Ms. Mills seconded the motion. All in favor. Motion passed 5-0.
Meeting adjourned at 9:15 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
| 
