NOTTINGHAM PLANNING BOARD
April 13, 2011
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; Susan Mooney, Secretary, Peter Gylfphe, John Morin, Gary Anderson, Selectmen’s Rep, Robert “Buzz” Davies, Alternate Member,
PB Members Absent: Rick Bacon, Vice Chair; Traci Chauvey, Alt. Member, Cheryl Smith, Alt. Member
Others Present: Christian Smith & Scott Cole, Beals Associates, Frank Catapano, Joseph Falzone, Ken Sachs, Gloria La Borie
Chair Stockus called the meeting to order at approximately 7:06 pm, introductions were made. Mr. Davies was seated for open seat. This meeting was broadcast on Cable Channel 22. The Board tabled the minutes until after the public meeting. Chair Stockus read the case.
Public Hearing(s)/Meeting(s)
Case #P11-02-SUB-An application from Harbor Street Limited Partnership for a 22-lot open space development subdivision (compliance review, and final approval). The properties in question are located on Ledge Farm Road and identified as Tax Map 58 Lot 4 and Tax Map 58 Lot 6-2A owners of record: Harbor Street Limited Partnership and Winthrop R. True respectively.
Christian Smith of Beals Associates reviewed in detail, with the Board, the applicants’ answers in response to Ed Minnick, Rockingham County Conservation District (RCCD) engineering and compliance review letter dated March 28, 2011. (Beals Associates written responses, dated April 11, 2011, is in the case file.)
During the discussion, Mr. Davies asked about the amount of disturbance and construction of the width of the road at 20’ v. 24 v. the 50’ right of way. Mr. Smith noted that there is less impact or disturbance with the smaller width road except were there are deep cuts. Mr. Davies asked if there was a benefit to the developer having the less amount of pavement used. Mr. Smith agreed.
Mr. Anderson asked for more detail in the cross section of the road construction and materials used for the shoulder. Mr. Smith drew a sketch on the blackboard to clarify and show the proposed cross section with the tapered down shoulders. He noted that the material on the shoulders is compacted and can be walked on or used by bicyclists.
Chair Stockus called for any additional comments in favor or against the project. Mr. Falzone noted that he would make the road a width that the Board deems appropriate but the proposed addressed concerns for reducing the amount of impervious surface. Mr. Smith urged the Board to vote on the three waiver requests on road design issues. Mr. Gylfphe noted if the road is wider than requested that will increase the amount of ledge involved.
MOTION by Mr. Gylfphe to close the public hearing
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mrs. Sears reminded the Board to fill out the waiver request forms. The Board reviewed and discussed each of the 3 waiver requests.
The first waiver request was to allow a dead end street (Cul-de-Sac). Chair Stockus read the applicants’ answers to the waiver criteria on the waiver request form, noting that a “Cul-de-Sac vastly reduces the road length, amount of impervious surface and land disturbance, and also results in fewer lots”. Chair Stockus added that the Road Agent also didn’t object to the Cul-de-Sac.
Mr. Davies asked about the amount of open space for the project. Mr. Smith noted that the project has about two thirds open space or about 67% is left to open space (shown on Sheet 5 of the plans). He also noted that the project site was reviewed by the Conservation Commission and members of this Board. They confirmed the amount of wetlands in the open space, noting it was way under the 50% requirement.
Mr. Anderson asked about fire requirements. Ms. Sears updated the Board on the fire prevention status. Mr. Davies asked for John Fernald, Road Agent’s letter be read. Mrs. Sears read the letter. Mr. Smith confirmed that they will be doing the construction requirements in the letter. Chair Stockus noted that he had spoken to the Road Agent and that he had no problem with the Cul-de-Sac. The letter did state a concern that changing the road width from 24’ to 20’ may set a precedent.
Mr. Gylfphe noted that this Board has allowed a similar Cul-de-Sac on the Patriots Way, in the Highlands development. Mr. Anderson asked about the history of road width. Mr. Gylfphe noted he believes that the changes in the road width are mostly due to the size of the town plows.
MOTION by Mr. Gylfphe to accept the waiver request to allow the Cul-de-Sac.
SECOND by Mr. Anderson
VOTE 4-Aye. 2- Opposed 0- Abstained MOTION PASSED
Mr. Gylfphe stated his reason for allowing the waiver was because they have allowed for it before. Mr. Davies noted that they have also denied other applicants requesting Cul-de-Sacs and they are not allowed in the ZO.
Chair Stockus read the applicants answers to the waiver criteria for the reduced pavement width from 24’ to 20’. Mr. Morin stated that he didn’t have a problem with it because it would have less impact. Mr. Davies asked if allowing it would set a precedent.
Mr. Smith responded noting that it would not set a precedent because it was allowed by Planning Board vote and future projects request the same it will be reviewed on its own merits not on previous votes. Chair Stockus agreed. Mr. Gylfphe noted that the amount of disturbance (blasting of ledge) in some areas would be excessive if not allowed. Mr. Smith also noted that a less wide travel lane tends to have an effect of slower through traffic. Mr. Anderson noted that he had no problems but was concerned that the Board would be hearing similar requests in the future if allowed. Mr. Gylfphe noted that this request was being considered because it was for an Open Space Development and not a conventional subdivision. Mr. Morin noted he didn’t think it would set a precedent because each case is different. Mr. Smith added
that Ledge Farm Road is 18’ wide and the reduced width of the development road seemed to be appropriate.
MOTION by Mr. Gylfphe to accept the waiver for Ledge Farm Development (Rocky Hill Residential Development) to allow for a 20’ width of pavement with 4’ shoulders for design considerations (amount of ledge-minimizing disturbed area) as well as it being an Open Space Development.
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The third waiver request was in letter form. Chair Stockus read the letter asking for a waiver for “no grade in excess of three percent shall be permitted within two hundred feet of any intersection with a main road”. The applicant believes the waiver is justified as the design holds the requirement for 75% of the required distance and the vertical curve will reduce the depth of excavation and will have no wetland impact due to reduced side slope grading.
Mr. Smith reviewed the plans and noted that the slope constantly increasing is about 4-5% for the last 25-50’ of the required 200’ distance.
MOTION by Mr. Gylfphe to accept this grade request for the last 50’ of the 200’ that we normally require a 3% grade mainly due to construction limitations due to ledge and minimize soil and wetland disturbance.
SECOND by Ms. Mooney
Mr. Davies asked about the intersection of the roads and distances of the grade. Mr. Smith noted the areas of improvement, noting that the start of the slope was from the edge of the travel lane.
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mrs. Sears asked about the status of Ledge Farm Road being a Scenic Road. Mr. Falzone noted the area is already cleared. Mr. Smith noted that status usually only pertains to clearing of trees and stone walls.
It was also noted that they now need to proceed with 2 State permits (State Subdivision & State Alteration of Terrain). It was also noted that the fire prevention requirements need to be determined as well.
MOTION by Ms. Mooney to continue P11-02-SUB to May 11, 2011 at 7:00pm.
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Falzone and Mr. Smith thanked the Board.
Conceptual Review Continued
Ken Sachs TM 71 & 72 Lot 150 & 137 for possible lot line adjustment
Mr. Sachs noted that his sister and he own this parcel of land inherited from their father and after the last discussion with the Board they no longer want to subdivide the property due to required surveying costs but they would like to do a lot line adjustment. He reviewed a sketch of an existing parcel noting it would go from about 4 acres to about 6 acres. Mr. Anderson noted that the lot line adjustment would require surveying in that immediate area. Mr. Sachs agreed and noted that there was an old one on file with a surveyor. He also briefly discussed a previous idea of changing the driveway area and the actual size of the property.
Mr. Gylfphe noted he had no problem with the suggested lot line adjustment. Discussion was on access of the area again but was not determined. Mrs. Sears noted that the road is on a private road. Mr. Sachs will begin the lot line adjustment process with a final application to Mrs. Sears.
Approval of Minutes
Mrs. Sears thanked Ms. Mooney for filling in for her.
March 23, 2011
Line 95 change case to hearing, reformat motion
Line 130-132 reformat motion
Line 157 insert between lots 5 &6 after point
Line 163 insert and without objection from the Board after questions
Line 180-181 reformat motion
Line 190-191 reformat motion
Line 209-210 reformat motion
Line 216 change and to if
MOTION by Ms. Mooney to approve the amended minutes for March 23, 2011
SECOND by Mr. Anderson
VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
April 7, 2011
Line 93-94 reformat motion
MOTION by Ms. Mooney to approve the amended minutes for April 7, 2011
SECOND by Mr. Gylfphe
VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
Review of Bylaws/Rules of Procedure-
The Board discussed and had no changes to recommend. Members signed the original document.
Other Business
Members of the Board submitted their To-Do lists to Chair Stockus to compile. Mrs. Sears will ask Ms. Chauvey to submit hers to Chair Stockus.
Impact Fee Ordinance – Assessment Question Update
Mrs. Sears noted she passed out copies she had just received from attorney Mayer on their question of when and who will be assessed impact fees. The Board discussed the letter and Mrs. Sears discussed her conversation with Mr. Mayer (noting RSA674:39 and RSA 676:12). It was noted that the IFO is not completed until the fees are set and adopted through the RSA and public hearing process. Ms. Mooney read the similar opinion from Bruce Mayberry, the consultant who worked on the ordinance with the Impact Fee subcommittee.
Mrs. Sears has on her list of things to do a list of subdivisions in town and their approval dates. She also noted a large development firm is inquiring about the fees.
Reappointment of Alternate Members
Mrs. Sears will put this on the agenda one month prior to their anniversary date.
Training
Save the date for OEP training on Sat. June 11th.
Escrow Account policy
The Board received a new suggested policy but they will discuss at a future meeting.
Budget
Chair Stockus has requested a copy of the budget to date from Ms. Carlson. Mrs. Sears will follow up.
MOTION by Ms. Mooney to adjourn at 8:40pm
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Respectfully Submitted from notes and tapes provided,
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.
| 
