NOTTINGHAM PLANNING BOARD
June 3, 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: Traci Chauvey; Alt. Member
Others Present: Lisa Sears; Land Use Clerk, Cheryl Smith; Alt. Member (not seated), Norman Rathe, Peter Landry
Chair Canney called the meeting to order at approximately 7:03 pm. Mr. Davies was seated for the open seat.
The Board moved the review of the minutes until after the case. Chair Canney read the first case.
Case # P08-03- HO/SITE: Ann & Norman Rathe – 174 Old Turnpike Road– Map 3 Lot 4-1 – Application for Site Plan Review of an existing Major Home Occupation (New Beginnings Nursery). (acceptance, compliance review, and final approval)
Chair Canney reviewed the file to date; including a memo from the building inspector. Mrs. Sears explained, for the newer members, the history of the case. The Board had wanted this applicant to return to the Board for their existing business for a Major Home Occupation/Site Plan review. The Applicant had been in last fall for a conceptual review on an adjacent lot. Mr. Canney read the waiver request.
MOTION by Ms. Bonser to grant the waivers as requested. (Section V.B.3, V.B.5, V.B.6)
SECOND by Ms. Mooney
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board asked the applicant about the number of employees. Mr. Rathe noted that right now it is just a very small family business.
MOTION by Mr. Glyfphe to accept Case # P08-03- HO/SITE: Ann & Norman Rathe – 174 Old Turnpike Road– Map 3 Lot 4-1 – Application for Site Plan Review of an existing Major Home Occupation (New Beginnings Nursery). (acceptance, compliance review, and final approval)
SECOND by Ms. Bonser
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
The applicant answered a few questions from board members. There were no abutters present or no public comments.
MOTION by Mr. Gylfphe to accept this case as written.
SECOND by Ms. Bonser
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
Subdivision Regulation
The Board continued its review of the Subdivision Regulations. Mrs. Sears had minor corrections she needed to confirm with the Board. The Board noted that the charts in graphics in the back could possibly be removed because they were outdated but to consult with the building inspector to confirm. They also made a minor correction to add the word “area” as it was missing in one place.
MOTION by Mr. Gylfphe to accept the new subdivision regulations as amended by the Board.
SECOND by Ms. Bonser
The Board had a lengthy discussion on the possibility of having the town attorney review this document or not. They also discussed where in the budget this cost would come from.
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
Discussion continued on the cost of a legal review.
MOTION by Mrs. Bonser to have the Town Attorney review the New Subdivision Regulations with the cost not to exceed $500.
Mr. Davies asked for Mr. Brown’s imput on the matter of where the money would come from. Mr. Davies had concerns that the cost was almost half the budget and there were no monies in the Planning Board legal line item. Mrs. Bonser wanted the document reviewed before the public hearing.
SECOND by Mr. Gylfphe
VOTE 6-Aye. 1- Opposed 0- Abstained MOTION PASSED
Later in the evening, Peter Landry asked the Board to return to this discussion. The Board agreed. Mr. Landry had concerns for how the wording in Section V.A.6 was written in regards to the term “grandfathered”. He noted similar wording was not in the new Zoning Ordinances. He gave the Board an example on the chalk board. He drew a hypothetical 2 lot subdivision that has an existing home and septic that did not meet the setbacks or definition of lot envelope.. The Board gave him no conclusion on how to handle the situation, except to say that for this year they may have to go to the ZBA and that each case will be handled on a case by case basis. It was suggested that adding wording to the Zoning allowing for cases of “grandfathering” in the 2010 Zoning Ordinances proposed changes would be
helpful.
Nottingham Planning Board’s Bylaws
The Board reviewed them making only one minor correction to a RSA reference. During the Section I number 3 on alternates, Mr. Davies noted that his term as an alternate was only for one year and perhaps it should have been 3 years as written in the bylaws and per RSAs. The Board agreed that when his term expires, this September, they will correct the error and making his term for an additional 3 years.
The Board also noted they would like to post the open seat. Mrs. Sears will send to the newsletter and post it around.
MOTION by Ms. Bonser to accept the bylaws as amended.
SECOND by Mr. Gylfphe
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
Review of the minutes
May 20, 2009
Line 37 change semi colon to colon
Line 38 delete comma after Decision and change semi colon to comma
Line 105 add an apostrophe after peoples
Line 123 add an s to trustee
Line 145 change property to properties
Line 199 add an s to meeting
MOTION by Ms. Bonser to accept the minutes of May 20, 2009 as amended.
SECOND by Mr. Gylfphe
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mrs. Sears reminded the Board of the site walk on this Tuesday (June 9th), the Board decided not to have a workshop meeting on this Wednesday (June 10th).
MOTION by Ms. Bonser to adjourn.
SECOND by Mr. Gylfphe
VOTE 7-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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