NOTTINGHAM PLANNING BOARD
June 9, 2010
PUBLIC SESSION
Approved & Amended
Type of Meeting: Regular Scheduled
Method of Notification: Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location: Nottingham Municipal Building
PB Members Present: Arthur Stockus, Chair; Bill Dean, Vice Chair; Gary Anderson, Selectmen’s Rep; Peter Gylfphe
PB Members Absent: Rick Bacon, Secretary; Susan Mooney; Robert “Buzz” Davies, Alternate Member, Scott Canney; Cheryl Smith, Alt. Member, Traci Chauvey, Alt. Member,
Others Present: Lisa Sears, Land Use Clerk; John Terninko, Earl Boyce, Barbra Scannell, Kathryn Morin, John Terninko, Walter Boudreau, Tom Kasenenko, Joseph Falzone, Scott Gore, Patty Herpin, Mark Johnson, Scott Cole, Wendy Schlin, Jennifer Budny, Janet St. Hilaire, Kerry Plaisted, Holly Plaisted, David & Lisa Townson, Celia Abrams, Larry Best, Michael Holevar, Jill Gravink, Jennifer & Brian Spagna
Chair Stockus called the meeting to order at approximately 7:05 pm followed by introductions. Chair Stockus opened the public hearing for:
Case #P10-02-SUB DR – Harbor Street Limited Partnership – 154± acre parcel which fronts both Friar Tuck Lane and Oakridge Road – Map 10 Lots 9 & 10, Map 8 Lots 8-21 & 9 – Application for a design review of a 43-lot subdivision. Property is owned by Harbor Street Limited Partnership, Brian M. & Jennifer Spagna, Seth F. & Pearl I. Peters
Chair Stockus reviewed the application noting that all fees have been paid and notification to abutters have been made. He read the list of abutters and the public notice that was posted on May 20th. He also acknowledged receipt of the notarized Letters of Authorization from Seth & Pearl Peters and Brian & Jennifer Spagna allowing Harbor Street Limited Partnership and Beals Associates to represent them.
Holly Plaisted, 6 Autumn Lane, representing the Neally Woods Realty Association questioned their notification of the Neally Woods Association. She explained that the land was transferred to the Association in 1994 and that the Stratham address was incorrect. Chair Stockus stated that notice was mailed in good faith based on the address provided by the applicant and she was welcome to participate as an abutter. Ms. Plaisted noted for the record that the Home Owners’ Association ( 8 lots on Autumn Lane and 2 lots on Mitchell Road) was not notified and the proper address for the association was 2 Autumn Lane.
Chair Stockus reviewed the proceedings of the meeting; noting that it was a fact finding meeting (Design Review hearing) and no votes will be taken tonight. Mark Johnson representing Harbor Street Limited Partnership (HSLP) introduced Joe Falzone; owner, Scott Cole; Engineer and Kathryn Morin. Mr. Cole gave a brief overview of a 43 lot subdivision plan noting the slopes and wetlands, and other features. Mr. Cole stated that this was a conventional plan but wanted the Board’s opinion on the Open Space Development (OSD) plan.
Point of Order: The applicant had an alternate proposal “Open Space Development Plan” which is referred to throughout the rest of the meeting. They did not provide copies of this alternate plan to the Board before or after the meeting.
Mr. Johnson then asked the Board their opinion of two issues he has questioned in his letter dated June 4th. He stated that they were weighing whether or not to pursue an OSD plan. He asked what the requirements of the Yield Plan were (Article IV, Section G Open Space Development, Section.4h & j of the Nottingham Zoning Ordinance; pages 19 & 34). Mr. Johnson reviewed his interpretation of that section of the Ordinance. None of the Board member present expressed any concern with his interpretation of the ordinance.
Mr. Johnson then questioned Article VI, Section 9g in regards to Land Buffers. He stated his interpretation of the section meaning that the 100’ buffer was for the parcel lot line between the subdivision lots, as opposed to open space and abutting parcels. He also believed that since the allowed use of the abutting property is residential it would appear that a Conditional Use Permit to reduce or eliminate the buffer would be appropriate.
Chair Stockus stated that he believes the use of a buffer is used to protect developed area from other existing occupied areas and there will be restrictions/covenants on any open space areas.
Mr. Gylfphe asked to confirm that this alternate plan would minimize the impact to wetlands as compared to the conventional plan. Mr. Cole confirmed noting the main difference between the plans was that the U shape road on the conventional plan was not on the OSD plan and that the OSD plan provide for much more open space for protection. The OSD plan does have the same number of lots as the conventional plan. Chair Stockus noted the OSD plan would require meeting with the Conservation Commission and will require a wild life study as well. There were no other questions on the landscape buffer issue.
Mr. Gylfphe noted that Town’s concern for having to maintain retention/detention ponds. He noted they prefer that a Home Owners’ Association would be set up to maintain those types of issues.
Chair Stockus wanted the applicant to address the connections to the existing streets and the impact to those properties.
Mr. Cole noted that the access is the same on both plans. He also explained that there was an existing easement left on the property for access for timbering, etc. He added that at the other end was an existing house with a two acre lot that will be revised but detailed engineering had not yet been done at this stage of the project. He also stated that he didn’t believe there would be any sight lines or elevation issues.
Mr. Gylfphe expressed concern for impact on Mitchell and Case Roads. He believes that the conditions on those roads can be difficult at times and he believes both roads are designated as Scenic Roads. Mr. Cole noted the Scenic Road status of those roads.
Chair Stockus called for any others who would like to speak in favor of the project. There were none. Chair Stockus called for abutters not in favor of the project.
Ms. Plaisted, an abutter and representative of Neally Woods Association expressed concern for what kind of well or wells these new homes would have. Chair Stockus noted as proposed right now it is individual wells/septic systems for each lot. She asked if test pits were completed yet. Chair Stockus noted that at this stage they have not been done yet but will need to be done. She noted they have a 650’ drill community well that ran out of water over the Memorial Day weekend. She noted the concern for the additional 43 homes and along with the possible USA Springs plant, on the water supply in the area. She also expressed concern for the Scenic Road and road conditions on Mitchell Road. She asked about a possible upgrade to those roads. She also noted the safety concerns with the commute in the area of Rte 125 in
peak times. Ms. Plaisted also noted that about 10 years ago Mr. Peters had approached their Association for access to this property. She noted she could not speak for all of the association and that she just found out about the meeting about one hour before hand, but the ones she did get to speak to where not in favor of this development due to traffic/safety issues, water concerns. Ms. Plaisted stated that she will stop by the Town offices to correct the address of the Neally Woods Association.
Mr. Terninko, an abutter with approximately 50% of his property abutting the proposed project stated some of his concerns were taken away with the OSD plan as opposed to the conventional plan.
He also provided the Board, tonight, with information on flooding and stormwater/run off and other water and pollution issues from United States Geology Survey (USGS) and the University of New Hampshire’s Stormwater Center. He also went on to express concern for the existing fire pond created in the development of Oakridge Road and the existing stream near by. He explained how during the development of Oakridge Road the stream was moved to fill the fire pond but in recent years has reverted to its original flow. He was concerned for the run off into Nottingham Lake.
Mr. Terninko also explained that he is a member of the Southeast Watershed Alliance and how there is concern for run off of pollution and fertilizer that eventually ends up in Great Bay. He also expressed concern for wildlife and vernal pools in the area, and if there would be any damage to the aquifer in the area. Mr. Terninko also was concerned that his property is at a much lower elevation to the proposed property and how any run off from the new development would affect his well.
Dave and Lisa Townson expressed their concerns for their well, noting they have already had to dig another well since moving there about 12 years ago. They also expressed concern for the development having access on to Friar Tuck Lane.
The Townson’s were concerned for sight lines, overall traffic volume & patterns and traffic in relation to their driveway. They were interested in the landscape buffer but were told it would not affect them
Jennifer Budney asked about test pits, wildlife studies, and traffic studies. She also asked about the public notice for Neally Woods. Mrs. Sears noted that she has yet to have the notice come back yet, if the address was incorrect.
Barbra Scannell, agreed with other abutters on the issues of water and the potential increased traffic and safety issues. She also wanted to know if the Town of Lee was notified due to the increased traffic to that area as well and mentioned that this development would also increase the amount of children in the schools. Ms. Scannell also asked the Board to consider the quality of life and rural character of Nottingham.
Jill Gravink asked if there were standards for projected traffic on the existing roads including the two scenic roads. She asked if these roads could handle the increased traffic in their present state.
Chair Stockus asked Mr. Johnson if he would like to address the issues raised by any of the abutters. Mr. Johnson acknowledged the concerns for traffic; including impact on scenic roads, and wells/water issues and that they will look at these issues.
Mr. Johnson asked the Board if they had a preference for a conventional subdivision plan or the open space plan. Chair Stockus noted that he did not favor one over the other but suggested that the Conservation Commission (CC) would probably prefer the open space plan. Mr. Gylfphe stated he would prefer the open space plan. Celia Abrams stated as a member of the CC that she would definitely prefer the open space plan.
Mr. Dean asked Mr. Johnson about the road access. Mr. Johnson acknowledged that there were concerns brought up tonight for the sight lines at the access points and they will be addressing them. Mr. Johnson did not commit to whether or not the existing home would be removed at the Friar Tuck Lane access.
Mr. Gylfphe addressed the issue of the road specifications noting that Friar Tuck Lane and Oakridge Road were made to Town Specifications. Discussion briefly diverted to town road history and widths.
Ms. Townson asked if the Board knew of any other developments in Town that were off of existing cul-de-sacs. They did not know of any off hand. Ms. Bundy made the point that when their homes were purchased they were on cul-de-sacs and this development would change that and therefore diminish the value of their properties. Chair Stockus noted that they will be evaluating any application based on the ordinance and traffic studies, but noting the possibly diminished value was not in this Boards’ scope.
Ms. Scannell asked about access roads in wetland areas. Chair Stockus noted that they would have to satisfy this Board and the NH Department of Environmental Services (DES).
Chair Stockus closed the public meeting and thanked everyone for attending. The Board took a 10 minute recess.
Review of Minutes
May 26, 2010
Line 22 change complied to compiled
MOTION by Mr. Anderson to approve the minutes of May 26, 2010 as amended.
SECOND by Mr. Dean
VOTE 3-Aye. 0- Opposed 1- Abstained MOTION PASSED
Follow Up Information
Chair Stockus acknowledged the information given to him before the meeting from Mr. Terninko. Mr. Terninko had promised to distribute to the Board at the May 26th meeting. It was a brief article on Habitat for Humanity, a UNH stormwater center report, and a USGS report on “Effects of Urbanization on Stream Quality at Selected Sites in the Seacoast Region in New Hampshire, 2001-03” Mrs. Sears will distribute to the Board.
Correspondence
The Board acknowledged a letter from the Town of Raymond who will be holding a regional planning board meeting on September 23rd. Mr. Anderson and Chair Stockus expressed an interest in attending. Mrs. Sears will send the rest of the Board an email to save the date.
The Board acknowledged the receipt of a copy of a Dredge and Fill application on Highland Ave.
The Board members received copies of waiver requests for the next case on June 23rd.
Legal Update
Mr. Colby updated the Board on a recent bill requiring sprinklers and the lack of local input on this issue. Mr. Colby noted the bill has since changed and now allows for local input on the sprinkler issue. The Bill is expected to be signed by the Governor soon.
MOTION by Mr. Gylfphe to adjourn at approximately 8:30pm.
SECOND by Mr. Dean
VOTE 4-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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