NOTTINGHAM PLANNING BOARD
May 20, 2009
PUBLIC SESSION
Approved & Amended
Type of Meeting: Scheduled
Method of Notification: Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location: Nottingham Municipal Building
PB Members Present: Scott Canney, Chair; Arthur Stockus, Secretary; Bill Dean, Vice Chair; Ms. Susan Mooney, Mr. Peter Gylfphe, Robert “Buzz” Davies; Alternate Member, Ms. Mary Bonser; Selectmen’s Representative
PB Members Absent: Dave Smith, Traci Chauvey; Alt. Member
Others Present: Lisa Sears; Land Use Clerk, Cheryl Smith; Alt. Member (not seated), Paul Colby; Building Inspector/Code Administrator, Winn True, Raymond Howard, Jr., Raymond Howard, Sr., Leonard Giles, Joseph Coronati, Bernard Pelech, Barbara Howard, Thomas Sweeney, Julie McComick, Sandra Weston, David Black, Donald McMurchy, Reed Murphy, Chris Albert
Chair Canney called the meeting to order at approximately 7:07 pm. Mr. Davies was seated for Dave Smith.
The Board moved the review of the minutes until after the cases. Chair Canney read the first case.
Case # P09-06- SUB (revised): W.R. True – 52 Ledge Farm Road– Map 58 Lot 6-2A – Request for a revision of a note on the recorded plan, in regards to fire protection system. (acceptance, compliance review, and final approval)
Mr. True was present. Mrs. Sears explained a brief history of this case; a request to change a note on a recorded plan. The plan states that sprinklers are required but there is now a dry hydrant installed within range that makes it no longer necessary to have to install the sprinklers. She explained that the Local Government Center has advised the Town on how to handle this properly: notify abutters of tonight’s hearing, have the Board vote to approve and record a Notice of Decision at the registry of deeds, including any recording fees. It was noted that the change on the plan does not change the tax map so the Board could consider waiving that $35 fee.
Ms. Bonser and Mr. Gylfphe noted that they had been on the Board when this was originally heard. They were in agreement, that at the time, it was a sprinkler or dry hydrant. Mr. Gylfphe noted he sees no problem now that the dry hydrant has been installed. Mrs. Sears noted the letter from the Fire Department that acknowledged that the dry hydrant has been tested and approved. She added that a copy of that letter will be recorded with the Notice of Decision.
MOTION by Mr. Gylfphe to amend this plan’s note (D-33378). The sprinklers are no longer required now that the dry hydrant is installed, within the recommended distance.
SECOND by Ms. Bonser
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
MOTION by Ms. Bonser to waive the $35 remapping fee.
Mr. Colby noted that the location of the dry hydrant was on the fire protection map in the office.
SECOND by Mr. Gylphe
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board signed the Notice of Decision. Mrs. Sears will get back to Mr. True on the exact amount for the recording fees. Mr. True thanked the Board.
Point of Order: The following two cases (P07-08-SUB & P07-09-SUB) were opened simultaneously and heard in conjunction with each other. This is one subdivision involving both properties. The in and out roads are dependent upon both applications.
Case # P07-08-SUB: Little River Realty Trust, Lucille Howard, Trustee – Stage Road – Map 17 Lot 25 – Application for a 6- lot Subdivision (acceptance, compliance review, and final approval)
Case # P07-09-SUB: Leonard Giles Revocable Trust, Leonard Giles, Trustee – Gebig Road – Map 17 Lot 31 – Application for a 23- lot Subdivision (acceptance, compliance review, and final approval)
Attorney Bernard Pelech introduced himself and explained the brief history of the case. Mrs. Sears also read a brief timeline of the case. They noted that Jones & Beach Engineers, Inc. has taken over following the death of Mr. Richard Ladd, of RSL. Attorney Pelech noted they would like to move forward with this plan and do what is necessary for acceptance. Attorney Pelech noted that obviously these clients have waived the 60 day requirements.
Mr. Colby noted he had reviewed the plans today. He noted that SRPC had done a compliance review. Mr. Colby noted the following for both cases:
State Driveway permit for entrance onto Rte 152 has expired-need to renew.
State DES wetland permits missing.
State Subdivision Approval for the Giles section not received
No driveway permits (Town of Nottingham) have been applied for on the curb cuts for the proposed roads.
No fire protection review or notes are on plan
Conservation Commission needs to review
Mrs. Sears asked if the plans need to be amended to note that Mr. Ladd is no longer the surveyor. Mr. Albert agreed that the plans will be changed to reflect that. He noted that he is trying to learn where the project is at exactly. It was noted that this plan has already been accepted by the Planning Board. Mr. Coronati gave a brief overview of the plans for the whole project; the Howard’s 6 proposed lots and the Giles 23 proposed lots. He noted as this project stands now, it is incomplete, adding that they need to get things like the State subdivision approval, reviews by the Conservation Commission and the Fire Department.
Mr. Coronati showed the conservation easements and wetland areas/crossings. Mrs. Sears asked how the conservation easements were going to be handled. Mr. Coronati noted that they most likely will be deed restrictions, as most third parties do not want to monitor people’s back lots. He noted it was not one big open space. Mr. Pelech added that language in the deed restriction that allows for the ability for either the Conservation Commission or the Town’s Code Enforcement Officer or the Board of Selectmen to bring actions in the superior court for violations of these conservation easements in their deeds, if necessary down the road.
Ms. Bonser had concerns for the amount of traffic generated on the roads. Discussion was on what had been staked on the property and if any site walks were done. There has not been any site walks to date but Mr. Howard believes that the center line for the proposed road has been staked out.
Donald McMurchy asked about the impact to the existing cemetery on the property. It was noted that the existing woods road leads to the cemetery. They reviewed the cemetery location on the plans and noted that it is on one lot but the State required buffer area does go onto a second lot. Mr. Pelech acknowledged the strict State Statues that govern the cemetery; adding there is a 25’ buffer area and must be marked out.
Mr. McMurchy noted there was some historical value to the cemetery. Ms Bonser agreed and suggested input from the Cemetery Trustees and the Historical Society.
Mr. Sweeney had concerns for the traffic and wanted the DOT Driveway Permit to accurately reflect the correct number of lots; 29. He would like a copy of the corrected Driveway Permit application, as well.
Ms. Mooney requested that the applicant go before the Conservation Commission again. The applicant agreed to contact the Conservation Commission. It was noted that the Conservation Commission will be contacted for the Site Walk and then a meeting.
Ms. Smith asked about the North River and if it is a fourth order stream and may have new setback requirements per the Shoreline Protection Act. Mr. Albert stated that it was not a forth order stream.
The site walk was set for June 9th at 5:30 pm, meet at the Howard’s property. The applicant will contact the Conservation Commission as well. Mrs. Sears will post this as a public meeting, but will not be able to attend.
Mr. Colby noted what changes that had been made already on the plans that the SRPC had requested. He noted that there is a waiver request in the file for a well radius. The waiver request had not been acted on to date. Ms. Smith recalled that there was an hour glass shape of conservation easement that needed to be changed on a few lots. Mr. Coronati reviewed the plans and agreed it could be changed. Ms. Mooney noted that Mr. Ladd had said “if you want 100’ I can give you 100’”. Ms. Mooney noted that monitoring these types of properties (conservation easements) can be consuming and this will need to be discussed further with the Conservation Commission when they meet. Mr. Coronati and Ms. Smith noted that having a Deed restriction “with teeth” as Attorney Pelech had suggested may work.
Mr. Coronati will provide a sample deed with such language.
The applicant will map out and stake the center line of the proposed road and the corners of the proposed lots for the site walk. They will also provide 11”x 17” size copies of plans for the members to review while there. Everyone reviewed the schedule for the site walk and when and a date, after the site walk, for the applicant to return to this Board.
MOTION by Mr. Gylfphe to Recess the Howard/Giles case to after the June 9th Site walk to June 17th.
SECOND by Ms. Bonser
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Ms. Smith suggested that they return with some color on the plans. Mr. Albert gave 4 extra sets of plans. Mrs. Sears suggested that the Board members could take a set for review. Ms. Smith took a set to review and color.
Review of Minutes& schedule & airing of the meetings on Cable
May 6, 2009
Line 73 insert of the before Subdivision
Line 89 add a colon at the end
Line 105 change pages to bullets
Line 108 insert Comprehensive before Shore, Shoreline is one word
MOTION by Ms. Bonser to accept the minutes of May 6, 2009 as amended
SECOND by Mr. Stockus
VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
May 13, 2009
Line 58 put a comma after agreed
Line121 ad ed after research
Line 126 insert the before ZBA
Line 136 change know to known
Line 136 change this to tonight’s
MOTION by Ms. Bonser to accept the minutes of May 13, 2009 as amended
SECOND by Mr. Gylfphe
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board reviewed their upcoming schedule. They will not be having a workshop meeting next week. They will finish the Subdivision Regulations review and the review of their Bylaws after the case on June 3rd. At that time, the Board will also set a date for the public hearing on the revised Subdivision Regulations and if they would like them to go to the attorney for review before or after that hearing.
Mrs. Sears noted that it is important to let her know, when possible if you can’t attend a meeting. She noted that summer and vacations are fast approaching and she wanted to make sure that there was always a quorum.
Ms. Bonser will discuss with the School Board the possibility of having them tape their meetings so that the Planning Board meetings can be on Cable. The School Board meets on the same nights as this Board. This Board does not have the ability of taping the meeting and the School Board does.
Resignation of Member
Chair Canney read the resignation of member Dave Smith. The Board did not make a formal motion to accept the resignation but noted that he would be missed.
MOTION by Ms. Bonser to adjourn.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Respectfully Submitted,
Lisa L. Sears
Land Use Clerk
These minutes are subject to approval at a regularly scheduled Planning Board meeting at which time the above minutes are corrected or accepted.
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