NOTTINGHAM PLANNING BOARD
December 8, 2010
PUBLIC SESSION
Approved & Amended
Type of Meeting: Regularly 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, Robert “Buzz” Davies, Alternate Member, Cheryl Smith, Alt. Member
PB Members Absent: Peter Gylfphe, Vice Chair; Susan Mooney, Scott Canney, Traci Chauvey, Alt. Member
Others Present: Lisa Sears, Land Use Clerk, Joseph Coronati, Jones & Beach Engineering, Marilyn & Jeffrey Cole; JC Builders, Daniel Ryan, Sarah Evans
Chair Stockus called the meeting to order at approximately 7:09 pm. Ms. Smith was seated for Ms. Mooney. Mr. Davies was seated for Mr. Canney. Introductions of the Board members were made. The meeting was televised on Cable Channel 22.
Approval of Minutes
The Board tabled the minutes until later in the meeting.
Chair Stockus opened the first case.
Point of Order: Mr. Davies recused himself from the vote and stepped down from the Board.
Case # P10-04- SIT: (continued) J .C. Builders: Jeff & Marilyn Cole (former owners: Roger & Charlene Hemeon) – 104 Old Turnpike Road – Map 4 Lot 10 & 14 – Application for a site plan review (compliance review, and final approval) for Multi-family development with four duplexes and one single family condominium.
Chair Stockus noted that the last meeting ended with the Board asking Mr. Colby to attend this meeting to address his memo (Date November 16, 2010-RE: Cole Site Plan Frontage question). Mr. Colby summarized that memo, referenced the Zoning Ordinances (ZO) and his explanation for his findings in his memo.
Mr. Colby stated in his opinion this project was a multi-family development but that it did not fall exactly into the ZO as they are written. He stated that it was up to the Planning Board to decide because the ZO is “open ended”. He stated that he believes the intent of the ZO section for multi-family frontage is 300’ per project and not per dwelling.
Everyone reviewed in detail the appropriate sections of the ZO. They all agreed that this section of the ZO needs to be corrected and clarified. Mr. Bacon stated that he believes it to be 300’ per project and not per dwelling, and he has no problem with this project. Mr. Bacon added that in a future revised ZO the duplex section needs to fall under multi-family section to avoid any more confusion. There was discussion on what may have been the intent of the ZO and is this a multi-family development? Mr. Colby stated he believed it to be a multi-family development and therefore it meets the 300’ of frontage requirement.
Mr. Bacon pointed out if the ZO intended that it be 300’ per dwelling that would not make sense. Chair Stockus and Ms. Smith agreed and gave their interpretation of the ZO.
Mr. Colby recapped by saying if the Board believes this is a multi-family development then it only requires the 300’ of frontage per project which this project has. If the Board believes this is not a multi-family development then it would need 300’ per building and this project can’t meet this requirement.
MOTION by Mr. Bacon to accept this case (10-04-SIT) as a multi-family development and can proceed forward with the site plan review process.
SECOND by Ms. Smith
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED.
Chair Stockus noted we are back at the issue of how the lots have changed ownership and the questions that were raised at a previous meeting. Mrs. Sears noted that the applicant had agreed to make these lots one lot with a voluntary merger at the time of approval and as a note will be added to the plan. The applicant to provide a new deed. Mrs. Sears noted that a compliance review had not been completed by Mr. Colby. Chair Stockus inquired about the Fire Department’s requirements from their memo dated October 4, 2010. Mr. Coronati confirmed that all items raised by the Fire Department had been or will be complied with. Mr. Colby confirmed that he had spoken with the Fire Chief and there was no longer an issue with the road width and turn around issue as noted in the Fire Chief’s memo.
Mr. Coronati noted that they have site specific mapping and septic approvals had been done, other pending issues were waiting tonight’s outcome, including a minor issue with the Department of Transportation.
Mr. Coronati requested to return to the Board on January 12, 2011, noting the engineering review could be completed by then. The Board briefly discussed the review of the condo documents and how they are required to be filed with the Town Clerk. Mr. Colby agreed, in the interest of time, to finish the Compliance Review before the January 12th meeting and to notify the applicant directly if any issues come up.
Ms. Cole noted she will bring in a copy of the new deed and a check for the escrow account for the engineering review on Thursday, December 9th . The Coles thanked the Board. Mr. Coronati confirmed that the latest set of plans is dated October 26, 2010.
Point of Order: Mr. Davies rejoined the Board.
Other Business/Old Business/Correspondence
It was noted that the Howard’s have an outstanding bill due to Mr. Mettee/Mettee Planning Consultants. Chair Stockus noted that the Board has an obligation to pay this bill and if the Howards continue to default on it then it would become an issue for the Board of Selectmen to handle.
MOTION by Ms. Smith to pay Mettee Planning Associates $325 (outstanding Howard invoice) from the PB Budget, line item 011.
SECOND by Mr. Anderson
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED.
The Board noted that all future applicants will not be allowed to make installments on monies owed and that escrow accounts will be set up before third party reviews are ordered.
Escrow Account-Giles
It was noted that since the project was denied the funds are no longer needed and need to be returned to the applicant.
MOTION by Mr. Anderson to return the escrow funds from Leonard L. Giles in the amount of $2,200.00
SECOND by Ms. Smith
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
Invoice(s)
MOTION by Ms. Smith to pay BCM Planning LLC (Bruce Mayberry) $395 from line item 505 for attendance at the School Board meeting to discuss impact fees.
SECOND by Mr. Anderson
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED.
Annual Town Report
The Board agreed that Mrs. Sears will continue to write the letter for the Planning Board for the Annual Town Report. Mrs. Sears will send copies to the Board to review.
Final Review of Proposed Zoning Ordinances
Mr. Bacon noted he will correct the document for formatting errors. The Board reviewed minor errors and corrections that were previously discussed but not completed. The Board also discussed the need to update the zoning map referenced in the document to match the district names and add a date to the map. Mrs. Sears will contact Strafford Regional Planning to update the maps and send a new copy.
The Board agreed that Mr. Bacon could work on formatting at the same time the Attorney reviews the document. The discussion was on if it should be reviewed by a land use attorney or the town’s attorney and any timeline for corrections.
MOTION by Ms. Smith to send the proposed Zoning Ordinance dated November 24, 2010 for review by an experienced land use attorney, which can be with the town’s firm.
SECOND by Mr. Anderson
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED.
Mrs. Smith would like to have Local Government Center provide a list of land use attorneys for future reference. The Board will review the draft ad from Mrs. Sears next week. Once completed the Board would like it posted on the web and a shorter version to be on the cable bulletin board.
Review of Minutes
November 10, 2010
Line 47 Access to access
Line 64 add single family after affordable
Line 65 delete proposed
Line 105 change for to if, gets to can be
Line 110-111 to read: Mr. Davies stated that if these are the only choices he prefers the OSD plan due to fewer lots, less traffic, less build out of the quality open space.
Line 136 change meet to met
Line 150-151 change and did not agree with the abutter that had to reviewed the abutter’s
Line 152 change viewing to viewed, an issue with it to any issues
Line 190 add apostrophe s to Colby
Line 198 add a period
Line 206 change wasn’t to weren’t
Line 224 change An to The
MOTION by Mr. Bacon to approve the amended minutes for November 10, 2010.
SECOND by Mr. Anderson
VOTE 4-Aye. 0- Opposed 1- Abstained MOTION PASSED
Old Business
Concrete Products of Londonderry follow up
The Board had asked Mr. Colby to review the case to see if he could take some kind of action because the applicant has not complied with his conditions of approval. Mr. Colby noted that he has driven by the property periodically and there is no work being done therefore, they are not in any violation that could be enforced. He noted that the land appears to be stable but he noted he will return to document the conditions, confirm there is no second point of access and report back to the Board. Mrs. Sears noted that she was not able to send his Notice of Decision because he never met his conditions.
Dates unavailable
Later in the meeting, Mr. Colby informed the Board that he will not be available for meetings from January 12th - 26th. Ms. Smith also gave dates that she would not be available (December 26-January 19th).
Review of Minutes
November 18, 2010
Line 47 add a period after Ms. Smith
Line 55 insert a space after 7:15pm.
Line 112 add a period after applications
Line 140 change dicussed to discussed
Line 155 insert is after ZO
Line 202 insert she after that
Line 211 change their to there
Line 220 insert (units) after style
Line 238 insert that after ZO
Line 284 change cases to case
Line 325 insert the after to
Line 340 change Anderson to Smith
Line 348 un cap High Value
Line 360 change Commissions to Commission
Line 362 insert apostrophe to Boards
Line 373 correct spelling is Newmarket
Updates from Mr. Colby
Mr. Colby informed the Board of pending legislation. He noted that there is a proposed bill to redo the lot merger laws and to revoke the Shoreline Protection Act. He will continue to monitor these bills and others.
MOTION by Mr. Bacon to adjourn at 8:51pm
SECOND by Mr. Anderson
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.
| 
