NOTTINGHAM PLANNING BOARD
March 17, 2010
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, Bill Dean; Vice Chair, Arthur Stockus; Rick Bacon, Jeff Quinn, Cheryl Smith; Alternate Member,
PB Members Absent: Secretary, Susan Mooney, Mary Bonser; Selectmen’s Rep., Traci Chauvey; Alt. Member
Others Present: Lisa Sears; Land Use Clerk, Peter Gylfphe, Robert “Buzz” Davies; Alternate Member (not seated), James Crowell, Skip Seaverns, Ray Howard Jr., Ray Howard Sr., Chris Albert, Thomas L. Sweeny
Chair Canney called the meeting to order at 7:12pm. Chair Canney welcomed new members; Jeff Quinn, Rick Bacon. Both new members confirmed that they had been sworn in at the Town Clerk’s office previously. Introductions were made. Ms. Smith was seated for Ms. Mooney.
Approval of Minutes
The Board tabled the review of the minutes, later in the meeting.
Public Hearings/Meetings:
Chair Canney opened the continued public hearing for:
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: Both cases are heard together as each depends on the other.
Mr. Albert asked if the members had time to look at the plans and all that was submitted on March 11, 2010. Ms. Smith noted that with its late arrival and the recent floods she wasn’t sure if every member had time to come in and look at it. She noted she had not had time to.
MOTION by Ms. Smith to recess this case (Howard/Giles)to April 21, 2010 at 7pm, because there has not been enough time for the Board members to review all the new information submitted by the applicant.
SECOND by Mr. Dean
Mrs. Sears asked the Board if they wanted Mr. Mette to review what had been submitted. Mr. Stockus noted that discussion would require a separate motion.
Mr. Sweeney, an abutter, asked if these plans and information submitted were new or significantly changed. He also noted if they were then the abutters should be re-notified. The Board and Mr. Albert agreed that these plans were not significantly different and no re-notice was needed.
They briefly discussed the need for some waivers and the new processes that may be needed. No decisions on if waivers would be needed was made. Mrs. Sears noted all the driveway permits have been submitted. Mr. Albert also noted that there were still some outstanding issues with DES. He also did give a brief update on how the meeting with the Conservation Commission went; including the large number of retention ponds (their safety/liability & maintenance and ownership), access points for land given to the Town that will need a wetlands crossing. Mr. Albert noted that they could deal with that crossing with DES for the Town if that is what the Board would like.
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Albert thanked the Board.
Chair Canney opened the next public hearing:
Case # P10-01- LLA: Lot Line Adjustment Application - design review, acceptance and final approval from James & Lynn Crowell/Back Cove Revocable Trust for a lot line adjustment between Lots 52/ 53 on Nottingham Tax Map 71. The subject property is owned by applicants is located on 7 & 9 Lookout Point Lane.
Point of Order: Mrs. Sears apologized to the applicant for the delay in having the Board hear this case. She noted that this case had been changed (not enough days before a meeting) but it had been re-noticed and that is why there was a delay in the hearing of this case.
Mr. Crowell, owner of Lot 53, passed out additional copies of the proposed plans. He explained that it was an even swap of land (295 square feet). He noted the slight jog of the lot line adjustment at the front of the property was done so as not to affect the frontage of either lot. He noted that both lots were already non conforming and the proposed adjustment would not make either lot any more non conforming. He noted the frontage on Lookout Point Lane ( a Town road) would not change. He noted the only impact was to the waterfront side of the property; it would slightly increase his water frontage and the adjacent lot would slightly decrease its water frontage. There was no apparent impact to either septic or well. It was noted the adjacent lot is currently undeveloped but did have an approved septic plan on
it.
Mr. Crowell also noted if approved the setback from his house to the new line would slightly improve that setback (from about 8’ to over 10’). He added that the reason for this adjustment was to make legal what he has always maintained as their property. He explained that the area is grassy and has always been believed to be his since he first bought it in 1980 (built in 1965).
Mr. Crowell agreed to remove his 32 square foot shed from the front of his property, which if approved, would end up on the wrong side of the property line. The Board continued with questions on both septic systems and well locations.
Mr. Davies was concerned about the acute angle of the proposed line at the front of the property. Mr. Crowell stated that he believes since it was so minor and had to be done as not to change the frontage that he hoped it would be acceptable to the Board. They briefly discussed frontage and the history of the road.
Discussion was on how Mr. Crowell was trying to correct, on paper, the boundary lines that he believed were always his and that he has always maintained as his.
Ms. Smith asked about the direct abutter. Mrs. Sears noted that the direct abutter (Lot 52) is a co applicant and has signed the application. She also noted that all the abutters have been notified. Mr. Crowell explained he had spoken to most of them as well and noted none is present here tonight.
Mr. Bacon would like to see the well/septic systems’ locations. Mr. Davies was concerned about setting a president on allowing the acute angles. Mr. Bacon agreed. It was noted that the line can’t go straight out to the frontage (removing the acute angle) because then you would affect the frontage: you would then be making a non conforming lot more non conforming, which is not allowed.
Mr. Crowell stated that the Zoning Ordinance says that acute angles are “to be discouraged” but it didn’t say it can’t be done. He also stated that he didn’t believe that this would set a president. It was discussed that the line could be changed and still be an even exchange of land but it would not be as simple as it presented now.
Mr. Dean noted that he didn’t believe that this proposal would be putting any negative impact on Lot 52. Lot 52 actually gains setback in the front of the lot. They all discussed setbacks for the lake area and State regulations. It was noted the proposed change wouldn’t impact them negatively. Lot 52 will remain a buildable lot of record.
MOTION by Mr. Dean to accept this application.
SECOND by Ms. Smith
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board would like to see the septic designs and well locations (proposed and actual) for both lots. Mrs. Sears noted if the lot line adjustment was then approved at the next meeting, the Board would then come into the office to sign the mylar.
MOTION by Mr. Stockus to recess this case until the April 7th meeting at 7:15pm.
SECOND by Mr. Dean
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Crowell thanked the Board.
New Business/Old Business
Mr. Gylfphe offered the Board his services as an alternate member. He noted that he did not run for reelection for health reasons.
MOTION by Mr. Canney to nominate Peter Gylfphe for a 3 year term on the Planning Board as an alternate member.
SECOND by Ms. Smith
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Gylfphe thanked the Board
The Board discussed what to work on for the next few Wednesdays for workshops. They agreed to review the bylaws/procedures.
It was noted that the Board did receive all the monies requested in the Town budget. The schedule change that may be needed in the future was discussed briefly. The Board will meet next week for a workshop to review bylaws, and elect officers, and other various administrative issues.
Various requests were made to Mrs. Sears for copies of correspondences for Ms. Smith.
Mr. Stockus suggested a workshop for the Board to only get up to speed on the Howard/Giles. It would be a public meeting but no motions could be made or public input could be heard. The Board agreed to hold that workshop on March 31st.
Mrs. Sears confirmed that the Board was ok with her change of hours. She also noted that she will not be at the April 7th meeting.
Mr. Bacon asked if documents could be scanned and emailed to members as needed. Mrs. Sears noted she doesn’t have scanner (or pdf software).
Correspondence
Mrs. Sears noted that PSNH has sent their annual reminder to contact them when projects come up with their easements on them. It can be reviewed, in the office, by members who need more details.
Review of the Minutes
The Board tabled them.
MOTION by Mr. Stockus to adjourn at 8:25pm.
SECOND by Ms. Smith
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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