NOTTINGHAM PLANNING BOARD
August 24, 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; John Morin, Peter Gylfphe, Robert “Buzz” Davies, Alternate Member
PB Members Absent: Rick Bacon, Vice Chair; Susan Mooney, Secretary, Gary Anderson, Selectmen’s Rep, Traci Chauvey, Alt. Member, Cheryl Smith, Alt. Member
Others Present: Lisa Sears; Land Use Clerk, Paul Colby, Building Inspector/Code Administrator, M. Kelly, Robert Goodman, Jay & Sandy Vilchock, Charles Cosseboom, Jim & Linda Fernald, Troy Osgood, Melanie LeBlanc, Sue Gunderson, Phillip English, Michelle Carvalho, Bonnie Snell, Arthur & Robin Proulx, Bob Davidson, Jude Thibault
Chair Stockus called the meeting to order at approximately 7:03 pm. 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 continued from August 10, 2011.
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.
Chuck Cosseboom and Jim Fernald passed out copies of the following:
- Letter dated Aug. 15, 2011 from Nicholas J Cricenti, Jr. P.E., SFC Engineering Partnership Inc. (SFC)
- Draft of Fire Safety Analysis report dated August 2011
- Copy of Pages 178-9 of the Dept. of Transportation (DOT) Response Guideline
- Copy of US Geological Survey’s topical map of the area
Mr. Cosseboom explained that these documents were in response to Fire Chief Vilchock’s letter and Mr. Colby’s comments of his site walk on August 15, 2011. He added that he has contracted Mr. Cricenti, a fire engineer at SFC, to review the project including Chief Vilchock’s concerns. Mr. Cosseboom noted the analysis is in draft form, explaining once the project is complete there will be an “as built” final report.
Mr. Cosseboom stated that they would never build anything unsafe, everything will be done according to all codes; which he and SFC believes can be done for this project. Chair Stockus asked Mr. Colby if he has had time to review these documents.
Mr. Colby stated that he had not and that he has had a business relationship with Mr. Cricenti. He asked the Board if they still would like them to review, noting he no longer has a financial interest with Mr. Cricenti but wanted the Board to know. Mr. Colby also added that when Rymes Heating installed their facility in Pembroke that he was the Fire Inspector for that project. Mr. Cosseboom discussed how they have similar facilities located around the State; including a new one in Somersworth. Mr. Cosseboom also noted that they have provided training for such facilities to state and local officials.
Mr. Fernald noted the firewood near the site would be removed and any tree located in the area would be removed. He discussed in detail the construction of the bridge on the property noting that trucks currently use it with no problems. He added he could hire an engineer to calculate the load capacity of the bridge if needed.
Mr. Cosseboom discussed the need for a waiver for the contours noted on the plan or suggested the Board could grant a conditional approval until the contours could be added to the plan. He noted that there was not enough time to have the surveyor add the contours before this meeting but they did provide the US Geological topical map of the area tonight. He added that as shown, the area is relatively flat.
Chair Stockus asked the Board if they would prefer Mr. Colby to review or if they needed to hire an outside person to assist with the review of the fire safety analysis.
MOTION by Mr. Morin that Mr. Colby has no conflict with reviewing the Fire Safety report for Case #P11-07-SIT.
SECOND by Mr. Gylfphe
Mr. Gylfphe asked Mr. Colby how many years since he has conducted business with Mr. Cricenti. Mr. Colby stated over six years since doing business but they had been fire fighters together over 30 years ago.
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Colby asked for time to review the documents submitted tonight. Chair Stockus called for supporters of the project. There was none. He called for those against or with questions. Chief Vilchock stated he stood by his original letter, recommending denial based on location. Chair Stockus asked if he had seen any of these new documents. The Chief said he had not.
Mr. Cosseboom gave examples of similar situations/projects and again stated that bulk plant would be an economical way to service the area. He also noted that he has the support of the Fire Engineer for this project. Chair Stockus noted that the Board would need time to review the documents submitted tonight; including the fire safety analysis.
Ms. Gunderson asked if this project would have an impact to taxpayers in any way such as plowing of additional roads or a need for additional fire equipment. Mr. Cosseboom noted that it is a private road so no plowing is involved and noted that the fire protection requirements are the same as they are for the school’s tank that is already in place. He added that this project may in fact bring additional revenue to the Town.
Chief Vilchock disputed the comparison to the School’s tank. Mr. Davidson asked about a fail safe plan for evacuation, noting that the fire department may not always have coverage.
Mr. Gylfphe asked about the driveway entrance and its 24 hour access especially during inclement weather, and if there was a dry hydrant to service the lot. Mr. Fernald noted he did not have a dry hydrant but a small pool. Mr. Fernald also explained the construction of the access road and parking area noting that it has been improved and is as hard as any town road. Mr. Fernald noted he had a plan for a dry hydrant but the plan is outdated.
Mr. Cosseboom explained the nature of propane and what it does if it leaks. He noted the gas was heavy and the area is open and it would disperse. It was noted it would also go to the low lying areas (wet lands). He added that the details are noted in the Fire Analysis. He again noted that he had no desire to create anything that would be unsafe.
MOTION by Mr. Gylfphe to recess Case P11-07-SIT until September 14, 2011 at 7:15pm.
SECOND by Mr. Morin
VOTE 4-Aye. 0- Opposed -0 Abstained MOTION PASSED
Chair Stockus opened the next public hearing.
Case #P11-09-SIT -Application from Michael Kelly for acceptance, compliance review, and final approval of a site plan for an educational farm. The property in question is owned by John J.& Emily Jalbert/Lake Realty Trust and is located at Deerfield Road, identified as Tax Map 52 Lot 6-5.
Chair Stockus reviewed the property file noting all abutters were notified and fees paid. Chair Stockus noted the August 22, 2011 Completeness Review from Mr. Colby, noting that the application is complete.
MOTION by Mr. Davies to accept Case P11-09-SIT as complete.
SECOND by Mr. Gylfphe
VOTE 4 -Aye. 0- Opposed - Abstained MOTION PASSED
Mr. Colby reviewed his comments from his review; signage, trash removal and finish of parking area. Mr. Kelly reviewed his proposal and impact statement that he passed out which also covered the items raised by Mr. Colby completeness review.
Mr. Kelly noted that his plan for the educational farm was low impact, simple, organic & sustainable as possible and a benefit to the community. He added that there would be multi purpose buildings and he and his family would live in a home on the adjacent lot.
Mr. Kelly noted that the sign would be 2’x2’ on the road, trash would be composed and recycled with the rest being taken to the Town recycling center. Parking would be about 9 spaces, gravel. He added that they would have animals like chickens or a few goats but not a herd of cows.
Discussion was on the need for a surveyor completing a final plan. Chair Stockus asked about the building in the 4K septic area. Mr. Colby stated that it was allowed. Mr. Morin asked about the width of the driveway into the property for emergency access. Mr. Kelly noted that there were several sections in the driveway that are wide enough for 2 cars to pass. Later in the meeting, members of the Board noted that they can go view the property including its access road. Mrs. Sears noted that the owner has signed Authorization to Enter the Property form as part of the application process.
Mr. Kelly gave a projected timeline for the project which would be start construction next fall He added that he hoped to complete the project in phases within five years. Chair Stockus called for public comment in favor of the project or for questions about the project.
Ms. Proulx asked about who would be plowing. Mr. Kelly noted that they would be doing their own plowing. She also asked who would have access or qualify to attend the educational programs. Mr. Kelly noted that they would be open to everyone. She also asked about a backhoe on the property. Mr. Kelly noted that belonged to the current owner and will be removed.
Mr. Proulx asked about the Zoning for the project. Mr. Colby confirmed that this project comes under Article IV, Section D and the project fits in to the “tracts for special purposes”
Discussion was on the timing of a new plan, suitable for recording and if the Board should wait for it or approve with conditions.
MOTION by Mr. Gylfphe to continue the Site Plan Review for Case #P11-09-SIT, TM 52 L6-5 on September 28, 2011 at 7:15pm.
SECOND by Mr. Morin
Mr. Morin discussed the timeline and possible review by new members. Mr. Colby noted the minor changes that are needed to the plan before it can be recorded.
VOTE 2-Aye. 2- Opposed 0- Abstained MOTION FAILED
MOTION by Mr. Morin to approve the Site Plan Review for Case #P11-09-SIT, TM 52 L6-5 with the following conditions: Submittal of a recordable Mylar plat with the appropriate copies to the Planning Office within 60 days.
SECOND by Mr. Davies
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED
Review of the Minutes
August 10, 2011
Line 45 should read September to May
Line 50 delete comma after Vilchock
Line 55 delete and the and change to they have a
Line 56 add in this area after load
Line 62 add application from after accept
Line 86 add s to abutters
Line 93 insert not after is
Line 120 change finished to detailed
MOTION by Mr. Davies to approve the amended minutes for August 10, 2011
SECOND by Mr. Gylfphe
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED
Other Business
Mr. Gylfphe briefly spoke of some of his research on wetlands and how they are defined. Mr. Colby explained that he and Mrs. Sears refer wetlands issues to the Department of Environmental Services fairly often.
New Member
Troy Osgood introduced himself noting that he is an architectural designer, practicing since 1998. He noted that he has sat on the other side of such boards and would now like to serve as a board member. He also noted that doing so would fulfill some of his professional requirements but that he was new to town and wanted to serve the community and with his experience he thought it would be a good place to serve.
MOTION by Mr. Gylfphe to appoint Troy Osgood, to fill the vacant seat until March 2012 elections.
SECOND by Mr. Morin
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Osgood will get sworn in by the Town Clerk and give Mrs. Sears a copy of the oath.
Reappointment of Alternate Member
MOTION by Mr. Morin to reappoint Robert “Buzz” Davies, as an alternate for another 3 year term.
SECOND by Mr. Gylfphe
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Davies will also get sworn in with the Town Clerk.
Meeting Schedule
The Board briefly discussed the meeting schedule and possible workshop dates. Mrs. Sears will send out an email with the dates; September 7th or 21st for a workshop for the review of the attorney’s comments on the Zoning Ordinance. The Board will also review the October Municipal Law Lecture series topics & dates and let Mrs. Sears know ASAP which ones they would like to attend, in case the Board will not have a quorum for some of the scheduled October meetings.
The Board added the review of a chapter of the Master Plan at the September 14th meeting.
Board members signed the Mylar for Cases P11- 04 & 03.
MOTION by Mr. Gylfphe to adjourn at 8:25pm
SECOND by Mr. Morin
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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