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Planning Board Minutes 12/16/2009
 NOTTINGHAM PLANNING BOARD
December 16 , 2009
PUBLIC SESSION
Approved & Amended

Type of Meeting:        Scheduled Meeting
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, Peter Gylfphe, Susan Mooney, Mary Bonser; Selectmen’s Rep., Robert “Buzz” Davies; Alternate Member,
PB Members Absent:      Bill Dean; Vice Chair, Traci Chauvey; Alt. Member, Cheryl Smith; Alternate Member
Others Present:         Lisa Sears; Land Use Clerk, Joseph Valencia, George Gilman, Chris Albert, Celia Abrams

Chair Canney called the meeting to order at 7:03pm. Mr. Davies was seated for the open seat. The Board tabled the review of the minutes. Mr. Canney opened the public hearing:

Case # P07-08-SUB: (continued) 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: (continued) 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)

Point of Order: These cases are heard as one case because each one depends on the other.

Mr. Albert reviewed the briefly plans previously submitted and updated the Board on the progress of the project. It was noted that Note #8 on page 2 the town is incorrectly listed as Auburn. Mrs. Sears asked if a detail review should not be done after a compliance review is done. The Board agreed. It was noted that a compliance review had been done a while back but these plans are significantly different and also that they fall under new State regulations. This project does come under the Town’s previous subdivision regulations.

Mr. Albert noted the cistern locations, and briefly discussed the conservation easements (10 plus acres total); who is the holder of that easement. They have not found an agency to hold the easement yet. He briefly suggested that the area may qualify as just a lot line adjustment. Ms. Mooney explained the easement process of who holds the easement and who can own the property.

Mr. Gylfphe asked about the saving of the stone wall in the old cemetery area, and the wetlands in that area. It was noted that it was previously discussed and noted that they can’t change the road/lots to save the stone walls. The cemetery would be saved per RSA. Mr. Albert noted that all of the critical wetlands have been delineated and that there is a note on the plans for that. He also reviewed access to the conservation land. He also briefly discussed the 11 retention ponds on the site.

Mrs. Sears will contact the fire department for follow up approval of the final cistern locations.

MOTION by Ms. Bonser to send these plans for cases P07-09-Sub and P07-08-SUB to Jack Mettee, Mettee Planning for a compliance review, with the cost of the review being billed to the applicants, and completed within 30 days if possible.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED

Mrs. Sears will check with Mr. Mettee to make sure he can meet the 30 days. She also asked the board who will review the previously submitted sample wording of the covenant and easement. Mr. Stockus suggested Mr. Mettee also review those. The Board agreed.

Mrs. Sears asked Mr. Albert if he had completed Mrs. Smith’s request for a better defined color overall plan. Mr. Albert said he had not done a new one. Ms. Mooney noted OEP has recommended that members also color a set of plans for themselves to better see all that is in the project.

Point of Order: During the discussion the building’s fire alarm went off and the informally adjourned for approximately 45 minutes. The alarm continued to go on and off for the remainder of the meeting, making it difficult to hear at times.

MOTION by Ms. Bonser to recess this case until February 3, 2010 at 7:15pm.
SECOND by Mr. Stockus
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED


Mr. Albert suggested providing Mr. Mettee with the previous completeness review done by SRPC.

Mr. Canney opened the next public hearing:

Case # P09-08- SIT: (continued) Joseph Valencia – 65 Old Turnpike Road – Map 5 Lot 5 – Application for a site plan review (acceptance, compliance review, and final approval) for a minor auto repair shop/state inspections station in the residential/commercial zone on Route 4.

Mrs. Sears noted that the Board had accepted this case. Mr. Valencia had to go back to the ZBA for a front setback following this Board’s site walk. The ZBA did grant the second variance as well; that Notice of Decision is in the file.  Mr. Stockus asked about State permits. Mr. Valencia noted that he can’t apply to the State until all of the Town approvals are complete. Mrs. Sears noted all of his answers to impact statement are in the file.

MOTION by Mr. Stockus to grant a conditional approval for the operation, pending the receipt of copies of the State permits by May 1, 2010.
SECOND by Ms. Bonser

The Board discussed that he will be allowed to operate the auto repair but not the state inspections until he receives the state permits.

VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
Mr. Valencia will get Mrs. Sears copies of the state approval as soon as he gets it. He thanked the Board.

Review of Previous Minutes

The minutes were tabled.

2010 Budget

Mr. Canney discussed his meeting with the Budget committee. He noted that they were favorable in regards to getting the full $25K requested. They would like more documentation to back it up. He noted an informal vote was taken and it was 7-2 in favor.

The Board briefly discussed changing the Board’s scheduled days. No change was made. It was noted if it is changed then the bylaws need to be changed as well.

Mrs. Sears briefly reviewed the cost of completeness and compliance reviews. The Town can only bill the compliance reviews to the applicant, not the cost of completeness reviews. She also noted even though we can later bill the applicants we need would still need monies in there to do business.

The Board briefly discussed encumbering funds. The Board would like Mrs. Sears to look into what is left in the planner and planner services line. It was noted that there is not much left to encumber.

Workforce Housing Ordinances –Attorney comments

The Board reviewed and made minor wording changes to the open space development ordinance. Mrs. Sears will follow up with Mr. Mettee to clarify one of the attorney’s questions. They briefly edited a flyer for an informal meeting on January 4th before the official public meeting on January 6th.

Point of Order: Ms. Bonser left the meeting during the workforce housing review.

MOTION by Ms. Mooney to adjourn
SECOND by Mr. Stockus
VOTE 5-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.