NOTTINGHAM PLANNING BOARD
July 27, 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, Gary Anderson, Selectmen’s Rep, John Morin, Robert “Buzz” Davies, Alternate Member
PB Members Absent: Rick Bacon, Vice Chair; Peter Gylfphe, Traci Chauvey, Alt. Member, Cheryl Smith, Alt. Member
Others Present: Lisa Sears; Land Use Clerk, Paul Colby, Building Inspector/Code Administrator, Mark Johnson, Kathryn Morin, Christian Smith, Matt & Amanda Shirland, Holly Plaisted, Robert Pristo, Seth Peters, David & Lisa Townson, Earl & Kathy Boyce, Frank Catapano, Mark West
Chair Stockus called the meeting to order at approximately 7:00 pm. This meeting was broadcast on Cable Channel 22. Mr. Davies was seated for the open seat. Introductions were made. The Board tabled the minutes until later in the meeting. Chair Stockus opened the public hearing.
Case #P11-02-SUB-An application from Harbor Street Limited Partnership for a 22-lot open space development subdivision (acceptance, 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, Beals Associates, representing Harbor Street Limited gave the Board an update on where they are at on the State permit process. He requested an additional 60 days and asked if they would need to physically appear before the Board again? He also noted they still need to provide the plans for the open space conservation land.
Mr. Smith also explained that owner/applicant, Mr. Falzone would like to complete this project in phases over two years. Mr. Smith requested that the Board allow for construction to begin in two years due to the late permits and loss of construction time this year.
MOTION by Mr. Anderson to allow for 60 day extension for the Harbor Street Limited to allow to complete the State permit process.
SECOND by Mr. Morin
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
MOTION by Mr. Morin to allow this project to complete a substantial start of construction for the project within two years from the date of original approval (5/11/11).
SECOND by Mr. Anderson
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
It was noted that they did not need to reappear before the Board. The applicant will pass in to staff any required, outstanding documents to staff. Chair Stockus closed the public hearing for Case # P11-02-SUB and opened the next case.
Case #P10-02-SUB DR (continued) – 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
Mr. Smith made introductions and gave an update to the proposed plan. He explained that the plan has changed slightly since the last meeting. He explained they found a number of vernal pools and the drainage and grading have changed after working with the EPA and Mark West. Mr. Smith noted there is now one less lot. He also noted they have dealt with FEMA and received a Letter of Map Adjustment (LOMA) to correct their status on the 100 Year Flood Plain Map.
Mr. West, West Environmental, was hired by HSLP to conduct a through habitat study. He explained his preliminary findings including protected species found on the property and where. He also noted he walked the site in November 2010 with a black racer biologist and a turtle biologist and got input from them. He noted that there are 21 vernal pools, previously by GZA, and added that upon review of the vernal pool locations and what was in them he met with DES wetlands bureau staff, EPA, and the Army Core of Engineers. He noted that the NH Fish and Game was invited but did not take part. He reviewed the vernal pools plans, including locations and value, and canopy cover impacted. He noted many of the pools are in the conservation area, and changes have been made to allow for other effected pools by changing house locations
and deed restrictions. He noted the revised plan has 8.3 acres of conservation land not including the deed restricted areas. Mr. West also reviewed the wetland impacts and the mitigation for the impact. He also noted that there will need to be a third party monitor of the proposed conservation land. Mr. West noted that all this will be included in a more formal report once the application is formally submitted. He asked the Board for any additional requests from the Board. Ms. Mooney asked about the topography and if any thing special was found. Mr. West noted deer, moose and turkey use and a small black gum growth area.
Discussion moved to potential conservation areas on the site, the low amount of acres of wetlands on site but the value in the vernal pools. Mr. Smith noted the project would be done in phases and the possibility of federal funding for a portion as big as half to go into conservation. The applicant would like more time to investigate this possibility and asked if the Town would be interested in purchasing it. Ms. Mooney noted that she believed the town would be interested and they should contact Sam Demeritt, Chair of the Conservation Commission. Chair Stockus asked about the road length in relation to some of the land going into conservation. Mr. Smith noted that was not determined yet but could end up with a request to the ZBA for cul-de-sacs instead of the through road.
Chair Stockus called for opposition to the project. There was none. Chair Stockus asked for public comment. Ms. Townsend, an abutter had concerns but noted her support for a project with a loop road, rather than a through road. Ms. Stevens, an abutter was concerned with the amount of traffic additional homes would bring. Mr. Smith confirmed that if the plan moves forward it would include a traffic study.
Mr. Sherman asked about a timeline for the project. Chair Stockus noted this is still in Design Review phase. Mr. Smith noted that the time frame depends on the answers they get from Conservation Commission and the final size of the project. Mr. Sherman also expressed concern about water use in the area; noting a resident on Autumn Lane’s having about difficulty in drilling for their well water. Mr. Smith noted that the area has completed successful test pits in the project area. Mr. Smith believes this project is in a separate aquifer area than the one that had issues. Mr. Colby confirmed that he was in attendance for the test pits and didn’t see the area. Another abutter on Autumn Lane asked for the traffic study.
Discussion moved to a date to continue this Design Review. All parties agreed to January 25, 2012. Chair Stockus noted there was no need for a formal motion for the continued hearing.
Other Business
Deerfield Road Cistern
Mr. Colby reviewed the brief history of this cistern; noting the 2003 approval of the subdivision included no building permits can be issued until a cistern is either bonded or installed. He continued to review the series of installation and inspection time line; noting the fire department has refused to approve the installation because they had not witnessed its complete installation. Mr. Colby discussed the photographs taken and concluded upon review of the photos, supplied by the fire department, it had been installed correctly; it has been in for about 4 years now and is full of water. He noted that he and the fire department will test it one more time to confirm it’s condition. Upon success of that test they agree that this cistern is approved. Mr. Colby noted that some of these lots have been sold or are in
process of being sold.
Mr. Colby noted that future cisterns be inspected by RCCD or town engineer/designee similar to the road construction process. The Board agreed.
MOTION by Mr. Anderson for all future cistern installations approved by the Planning Board be handled by RCCD or Town Engineer/Designee with the cost incurred to go to the applicant.
SECOND by Ms. Mooney
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
Invoice
The Board reviewed and discussed.
MOTION by Mr. Anderson to approve the the invoice for Bruce Mayberry, BMC Planning for $517 for his attendance at the July 13, 2011 public hearing for Impact Fee Ordinance.
SECOND by Mr. Morin
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
Correspondence
The Board is invited to a September meeting for area Planning Board members hosted by the Town of Raymond. Mr. Morin and Mr. Anderson agreed to attend.
Gerrior Lane Final Road Construction
Ms. Sears gave the Board an update noting RCCD will do the inspection. She asked how the Board would like to handle the cost; the cost is higher than amount left in escrow. The Board agreed to have the applicant do direct billing with RCCD and upon completion the Board could return the balance in the escrow account to the applicant.
Impact Fee Bookkeeping
Mr. Colby noted that he will be meeting with the Town Bookkeeping and Treasurer to set up a system for accurate record keeping for the funds collected.
Review of the Minutes
July 13, 2011
Line 17 add Bruce Mayberry, BCM Planning
Line 21 delete read the
Line 31 insert fee amounts from chart provided
Line 38 add related to the assessment for the Fire and School Departments.
Line 46 add a comma after Nottingham
Line 55 change minimum to maximum
Line 64 add s on amount
Line 65 add period at that, cap T on they, replace to do was fair with a simple and fair method
MOTION by Mr. Anderson to approve the amended minutes for June 8, 2011
SECOND by Ms. Mooney
VOTE 4-Aye. 0- Opposed 1- Abstained MOTION PASSED
MOTION by Ms. Mooney to adjourn at 8:10pm
SECOND by Mr. Morin
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.
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