NOTTINGHAM PLANNING BOARD
May 12, 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: Arthur Stockus, Chair; Rick Bacon, Secretary; Gary Anderson, Selectmen’s Rep; Susan Mooney; Peter Gylfphe, Robert “Buzz” Davies, Alternate Member
PB Members Absent: Bill Dean, Vice Chair; Scott Canney; Cheryl Smith, Alt. Member, Traci Chauvey, Alt. Member;
Others Present: Lisa Sears, Land Use Clerk; Joe Coronati, Jones & Beach Engineering, Ray Howard, Tom Sweeney, Charlene Anderson, Celia Abrams, Chris Albert, Sam Demeritt, Skip Seaverns, Jack Mettee, Mettee Planning Consultants
Chair Stockus called the meeting to order at approximately 7:00 pm. Mr. Davies was seated for Mr. Dean at about 7:15pm. The Board tabled the review of the minutes until after the Public Hearing.
Public Hearing
Chair Stockus opened the Public Hearing for the Third Party Engineering Review 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)
Mr. Coronati noted that this project has been reviewed by Jack Mettee and the drainage has been reviewed extensively for the State’s Alteration of Terrain (AOT) permit which both projects have recently received. Mr. Coronati didn’t believe that another review was needed. He noted that the new State regulations are stricter than the Town’s. He stated that another review by Rockingham County Conservation District (RCCD) would be redundant.
Mr. Bacon noted that Mr. Mettee’s review was only for compliance and not for general engineering. Mr. Bacon stated that he still believes an engineering review is still needed. Mr. Gylfphe agreed that the slopes and roads needed to be reviewed.
Mr. Bacon agreed that another drainage review may not be needed. Ms. Mooney wanted the project to be reviewed by RCCD. Mr. Anderson agreed to a review without the drainage review. Mr. Bacon suggested getting a revised estimate.
MOTION by Ms. Gylfphe to have RCCD remove the drainage review from the estimate and provide bond estimates and a revised estimate for the engineering review.
SECOND by Mr. Bacon
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mrs. Sears will contact Mr. Coronati when the new estimates come in. Chair Stockus also noted Mettee Planning Consultants invoice. Mrs. Sears will send Mr. Coronati copies of that invoice for payment.
The Board acknowledged receipt of a letter dated May 12, 2010 from the Nottingham Conservation Commission. The letter is asking the Planning Board to require the (Howard/Giles) applicant to seek an independent wildlife assessment of both properties due to its close proximity of the North River and Mountain Brook and also because the project involves critical wetlands.
Chair Stockus noted that this topic had been a concern at the last few public hearings but the study had not been requested yet. Mr. Coronati stated that they have received approval from the Natural Heritage Bureau as part of the AOT permit process. The Conservation Commission would like to review this letter to determine if the National Heritage Bureau is sufficient or would they prefer the independent wildlife assessment. Mr. Coronati will provide the NHB letter to the Conservation Commission.
During the discussion Mr. Coronati noted that they are in the process of finding an easement holder but they wanted to make sure the Conservation Commission was satisfied with the project before they went to find that easement holder. Ms. Mooney noted a wildlife study may help with the easement holder. After some discussion, the Board agreed to let the applicant choose who will do the wildlife study.
MOTION by Mr. Davies to uphold the Conservation Commission’s request to require the applicants (Howard/Giles) to get an independent wildlife assessment.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Coronati confirmed that they have not yet received the wetlands permit from the State for the Giles property. The Conservation Commission will send the Planning Board their determination in a letter to the Board after their June meeting. Mr. Coronati will provide a current set of revised plans for the RCCD review.
MOTION by Mr. Gylfphe to forward the revised RCCD estimates to Jones & Beach so that an escrow account for the applicants may be established.
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board briefly discussed with Mr. Coronati and Mr. Albert that they are looking for solutions to have someone other than the Town responsible for the upkeep of the large amount of retention ponds in this development. It was noted that this project is the first one for the Town that has to meet all the new AOT requirements per the State laws. They briefly discussed a home owner’s association or Bond but no decision was made. It was noted that it was not just the Planning Board looking for this solution but also the Board of Selectmen and concerned residents.
MOTION by Mr. Gylfphe to recess this public hearing for Howard/Giles to June 23, 2010 at 7:15pm.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Jack Mettee, Mettee Planning Consultants- 2010 Estimates & Timelines
Mr. Mettee reviewed estimates provided to the Board earlier in the week giving rough estimates and timelines for each project the Board had prioritized with Mr. Mettee. The first four items are: Workforce Housing- Guidance Document, Revise Subdivision Regulations for Open Space Development, Update the Zoning Ordinances (ZO), Master Plan Update.
Mr. Mettee broke down the 18 month Master Plan Update project by sections noting what may be worked on for this year and this budget cycle. He noted that this project and the ZO update should be done at the same time. The First part of the ZO update would be a more logical understandable format (clean up-this year), then later work on suggested changes that would go before the voters (next year). Discussion centered briefly on the new Master Plan Subcommittee (MPS).
MOTION by Mr. Davies to accept Mike Russo for the Master Plan Subcommittee.
SECOND by Mr. Gylfphe
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mrs. Sears will send a group email to the new subcommittee with a tentative date of June 3rd for their first meeting. Mr. Mettee requested that Mrs. Sears give each member a copy of the HCPP final report to get them started.
The Board discussed their work load and schedule for the next few meetings. The Board will meet with Mr. Mettee for a workshop on the Workforce Housing Guidance Document on May 26th.
Other Business-General Planning Policy
Mr. Sweeney expressed concern that the Town would accept roads and their drainage areas in a large development that would require costly maintenance. He stated that he would like the Board to research how they can possibly link the acceptance of the project with assuring that the developer doesn’t pass those maintenance costs to the Town.
Chair Stockus noted that the Board has had this discussion as well. He also noted other communities have a multi step process that covers this issue. Everyone discussed how to educate the residents and how accepting a road that doesn’t meet town requirements/specifications could be illegal. Mr. Seaverns noted that the Town doesn’t have a formal Road Approval Process. Other concepts were briefly discussed were: a Storm Water Utility Tax, drainage, slope and graded easements that must go with the road, a Home Owners Association or some kind of maintenance bond.
The Board would like to research this issue and asked Mrs. Sears to get an opinion on it from the Local Government Center.
Review of Minutes
May 5, 2010
Line 40 Change < > to ( )
Line 116 add present to the end of the line
Line 117 add s to budget, after expenses should read (bond payment vs. the lump sums shown for the School and Recreation Project).
Line 131 change through to throw
Line 150 insert Board before noted
Line 163 change whom to who
MOTION by Mr. Davies to approve the minutes of May 5, 2010 as amended.
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Distribution of Materials for - Commercial Soil Stripping RSA
Mrs. Sears gave the Board an update on the status of the Commercial Soil Stripping letter that she had sent out last week. She also gave the Board copies of the related RSA. The Board agreed, if needed, Mrs. Sears should send a letter to the Board of Selectmen and Code Administrator if the applicant doesn’t respond in a timely manner.
MOTION by Mr. Gylfphe to adjourn at approximately 8:45pm.
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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