NOTTINGHAM PLANNING BOARD
August 10, 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, Peter Gylfphe, Robert “Buzz” Davies, Alternate Member
PB Members Absent: Rick Bacon, Vice Chair; Traci Chauvey, Alt. Member, Cheryl Smith, Alt. Member
Others Present: Lisa Sears; Land Use Clerk, Paul Colby, Building Inspector/Code Administrator, Chief Jaye Vilchock, Nottingham Fire/Recue, Chuck Cosseboom, Rymes Heating, James Fernald, Peter Landry, Gregg Gentile, Denise Hart, Save Our Groundwater, Michael Moroukian, Save Our Groundwater, Celia Abram, Conservation Commission, Constance Brawders, Town Planner, Town of Barrington Craig Lapieuko, Cynthia Conza, Gail & Chris Mills, Therese Thompson, Sharon Symons, Carl & Elaine Schmottlach, Mary Martin, Edward Viel, Kristen Lamb, Michael, Tappe, Patricia Carr, Patricia Newhall, Jill Brown, Tom Sweeney, Deb & Kurt Hastings, Stephen Phillips
Chair Stockus called the meeting to order at approximately 7:02 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 #P11-07-SIT Application from James S. & Linda R. Fernald for acceptance, compliance review, and final approval of site plan review to allow the leasing of .5 acre for commercial propane tank to Rymes Heating. The property in question is located at 240 Stage Road and is identified as Tax Map 29 Lot 8-1.
Chair Stockus reviewed the file noting that the sketch submitted was not suitable for a site plan review. Chair Stockus also noted section five of the Site Plan Review Regulation that requires that plans be submitted 21 days before the regular scheduled meeting giving the Board time to review. Jim Fernald, the applicant and Chuck Cosseboom, Rymes Heating passed out finished plans, both large and small, for the Board to review.
Mr. Cosseboom reviewed the plans noting the large size of the lot and explained that the applicant proposes to remove the six existing 1,000 gallon tanks and replace with two 21,000 propane tanks that will be used for commercial transfer for use by Rymes Heating. He anticipated the seasonal use would be 90 truck loads from September to May. He added that all the National Fire Protection Association (NFPA) codes would be met for placement and installation, adding if the Fire Department had any questions they were available for that.
Nottingham Fire Chief Vilchock read his letter dated August 9, 2011 outlining why he is recommending denial of the application, including densely populated area, proximity to school and fire department.
Mr. Cosseboom noted that the home delivery radius was about 20 miles from the proposed site. He noted they currently have a storage facility in Concord. They have a need to allow the trucks to load in this area without returning to Concord.
Discussion was briefly on emergency efforts but returned to if the Board believed the application complete. Mr. Colby stated that with the receipt of the new plans he believes the application to be complete.
MOTION by Ms. Mooney to accept the application for Case # P11-07-SIT from James & Linda Fernald as complete.
SECOND by Mr. Gylfphe
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Colby noted the need to review the new plan, submitted tonight, in detail the items in the Site Plan Review Regulations. He added that he could complete his review (for compliance) by early next week and notify the applicant of any items needed.
Mr. Gylfphe asked if the roads to the tanks would be upgraded. Mr. Fernald stated that he would not. Mr. Colby also suggested a site walk that could include the Fire Chief.
MOTION by Mr. Anderson to recess this public hearing for this case (P11-07-SIT) to August 24, 2011 at approximately 7:30pm.
SECOND by Mr. Gylfphe
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Chair Stockus opened the next public hearing.
Case #P11-08-SIT Application from Gregg Gentile for acceptance, compliance review, and final approval of site plan review for mud bog racing. The property in question is located at Old Turnpike Road and is identified as Tax Map 4 Lot1-1.
Chair Stockus reviewed the file noting that the Board could not hear this case citing the section of the Site Plan Regulations and RSAs that require that all abutters be notified. He noted that the abutters in Barrington were not notified via certified mail. He suggested that the case be continued to the first meeting in September to allow for proper notification.
Chair Stockus also read a letter from Jim Hadley, Chair of the Neighborhood Guardians, dated August 9, 2011 raising the following issues:
- RSA 36:57 “Development of Regional Impact”
- If this application is not a “permitted use” in the Nottingham Zoning Ordinance and therefore needs to go to the Zoning Board of Adjustments prior to the Site Plan Review process with the Planning Board.
Chair Stockus reviewed the related RSAs for “Development of Regional Impact”. Mr. Colby stated he believes the case meets 3 of the six items but noted that it only needs to meet one to determine that it is a case of regional impact. Mr. Anderson agreed and read from RSA 36:55 the 3 items he and Mr. Colby believe apply: II. Proximity of the borders of neighboring communities, IV. Anticipated emissions such as light, noise, smoke, odors, or particles, V. Proximity to aquifers or surface waters which transcend municipal boundaries. Chair Stockus read RSA 36:57.
MOTION by Ms. Mooney determined that case P11-08-SIT, (a site plan review for Gregg Gentile) is a Development of Regional Impact according to NH RSA 36:55.
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Chair Stockus noted that the issue had been raised that mud bog racing is not a permitted use in the Zoning Ordinance. Mr. Colby asked for more time to review and research conditional use permits. Chair Stockus noted that the case could not be heard tonight due to improper notification of the Barrington abutters and the determination of Regional Impact.
MOTION by Mr. Gylfphe recess case P11-08-SIT, (a site plan review for Gregg Gentile) until September 14, 2011 at 7:15pm to allow for proper notification.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Chair Stockus told the applicant that the Board would need detailed plans and Mrs. Sears noted that she needs the missing Barrington abutters. Chair Stockus noted no public input could be done at this time. He did note that all letters sent in would remain part of the record. The Board determined that Lee, Barrington and Northwood should be notified along with Strafford Regional Planning Commission.
Master Plan Chapter Review
Natural Resources
Ms. Mooney gave the Board and update of the work of the committee to date. The Board reviewed in detail the latest revision making changes to wording and references. Ms. Mooney noted that she anticipates some additions to this chapter. The Board decided to review again after the changes and additions are made by the Master Plan Committee. The Committee will meet again on August 25, 2011.
Other Business
Invoice
The Board reviewed current invoices. It was noted that there was adequate monies in their escrow accounts to cover these invoices. These invoices were incurred before the current direct billing system now in place with Rockingham County Conservation District (RCCD).
MOTION by Mr. Gylfphe to approve the invoice for Rockingham County Conservation District for $120 for work completed for JC Builders.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
MOTION by Mr. Gylfphe to approve the invoice for Rockingham County Conservation District for $520 for work completed for the Rocky Hill/Ledge Farm project.
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Deerfield Road Cistern
Mr. Colby informed the Board that the cistern had been approved and the owner notified by letter.
Review of the Minutes
June 27, 2011
Line 69 after West insert: West Environmental, was hired by HSLP to conduct a through habitat study, change the to protected before species
Line 72 delete done
Line 73 insert Army before Core of Engineers
Line 76 change the to and, insert have been before made
Line 94 delete for & a, add s on cul-de-sac
Line 104 change for to about, home to resident, insert having before difficulty
Line 124 change ago to now, insert supplied by the fire dept after photos
Line 125 insert of water after full, change that to its condition
Line 126 delete water can come out
MOTION by Mr. Davies to approve the amended minutes for June 27, 2011
SECOND by Mr. Anderson
VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
MOTION by Mr. Gylfphe to adjourn at 8:38pm
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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