NOTTINGHAM PLANNING BOARD
September 14, 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, Susan Mooney, Secretary, Troy Osgood, Gary Anderson, Selectmen’s Rep, Robert “Buzz” Davies, Alternate Member (seated), Cheryl Smith, Alt. Member (not seated)
PB Members Absent: Rick Bacon, Vice Chair; Peter Gylfphe, Traci Chauvey, Alt. Member,
Others Present: Lisa Sears; Land Use Clerk, Paul Colby, Building Inspector/Code Administrator, Jim & Linda Fernald, Charles Cosseboom, Rymes Heating, Sandra Vilchock, Fire/Rescue Chief Jaye Vilchock, George Robinson, Miska Hadir, Tricia Carr, Michael Tappe, Michelle Carvalho, Philip J English, Thomas Sweeney, Cheryl Robinson, Chelli Tennis, Denis Hart, Debra Cowan, Wendy Dyjak, Kevin Barthel, Marlo Adams, George Colbath, Amy Barbeau, Elaine & Carl Schmottalch, Mary Martin, Constance Brawders; Barrrington Town Planner, Robert Desrosiers, Nick Cricenti, SFC Engineering
Chair Stockus called the meeting to order at approximately 7:02 pm. Chair Stockus noted that Mr. Davies was seated for Mr. Gylfphe and Ms. Smith will be participating but not voting. Introductions were made. The Board tabled the minutes until later in the meeting.
Case #P11-08-SIT (continued) 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 asked if Mr. Gentile was present. He was not. Chair Stockus stated that the applicant has failed to provide addresses for the missing abutters and funds to do so which he was granted this continuance for. Chair Stockus read Article VI of the Site Plan Review regulation noting that the applicant has failed to comply with the regulation.
MOTION by Ms. Mooney to dismiss the application; case P11-08-SIT without prejudice.
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed -0 Abstained MOTION PASSED
Chair Stockus opened the next public hearing.
Case #P11-07-SIT (continued) 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 noted that this case had been continued to allow time for the Code Administrator to review the Fire Safety Analysis (FSA) from SFC Engineering. Mr. Colby stated that he did review but some of the technical aspects of the report were beyond his area of expertise so he consulted with the NH State Fire Marshal’s Office. He noted that the Marshal’s office suggested the PB could hire a third party, Fire Protection Engineer to review the FSA. Ms. Smith and Mr. Anderson agreed that the third party review would be appropriate.
Fire Chief Vilchock agreed and added that it would be at the cost of the applicant, per NFPA1. Chair Stockus and Paul Colby agreed and added it was also in NH RSA 676:4-b that the PB could ask for a third party review as well. Both statues state the review is at the cost of the applicant.
Chair Stockus noted that there are still questions on the case and did the Board & Applicant want to address these issues before or after the third party review. Mr. Cricenti agreed to the third party review and asked that all questions be addressed after that review. Mr. Colby and Chief Vilchock will work together on selecting a Fire Protection Engineer to hire for the third party review.
Chief Vilchock passed out a 4 page letter dated September 14, 2011 and asked to read it tonight. The Board did not object. Chief Vilchock thanked the Board for allowing him to read it. Chief Vilchock’s letter noted that he is the Authority Having Jurisdiction (AHJ) according to National Fire Protection Association (NFPA). Upon completing the reading of his letter, Chief Vilchock stated; validated by the State Fire Marshall’s office, that he is the AJH, for the construction and operation of this bulk plant. He added that as the Fire Chief of the Town of Nottingham he will not approve this construction or operation of this type in that specific location due to its proximity and the unacceptable risk it poses for students, teachers, residents, and other emergency services personnel.
Mr. Davies asked the Chief if he meant that paying for the third party review would be a waste of the applicant’s money. Chief Vilchock said that it was up to them but he will not approve this, at that location, the risk is too great to all involved. Chair Stockus noted that while the site approval application is the jurisdiction of the Planning Board, all the construction details are the Fire Chief’s jurisdiction. Mr. Anderson asked if the other issues raised in his letter could be corrected or met, would he approve then.
Chief Vilchock said not at that location and that it would have to be at least a half mile away from the school before he would consider it. He again stated he felt it posed too much of a risk.
MOTION by Mr. Anderson to recommend and authorize a third party review of the Fire Safety Analysis, and the Code Administrator to work with Chief Vilchock to find an Engineer.
SECOND by Ms. Mooney
Mr. Davies asked about the cost of the review. Chair Stockus noted both the RSA and the Fire Code require that it is at the cost of the applicant.
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Chair Stockus agreed that no further discussion was needed until the third party review was complete. Mr. Morin asked the applicant if they wanted time to respond to the Chief’s remarks. Mr. Cosseboom stated that he wanted a safe installation and welcomed the third party review. Discussion was on an appropriate time to allow for that review. It was noted that Mr. Colby and Chief Vilchock will pick a fire engineer in the next few days to allow time for the review before the applicant appears before the Board again. The applicant requested less than 60 days to return to the Board.
MOTION by Ms. Mooney to recess this case, Case P11-07-SIT to October 26, 2011 at 7:15pm.
SECOND by Mr. Morin
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Review of the Minutes
August 24, 2011
Line 60 change the existing to that, delete that after truck
Line 61 change weight to load capacity
Line 64 delete with and of
Line 87 change reviewed to stated and this to bulk plant
Line 88 delete to
Line 95 add apostrophe to schools
Line 104 switch road and access, insert parking before area, insert is before as
Line 105 change but has since expired to but, the plan is outdated.
Line 107 change it to the gas
Line 108 insert it before would
Line 130 insert 4 for ayes
Line 141 change recycle to recycling
Line 174 change PASSED to FAILED
Line 219 change swore to sworn
Line 228 change swore to sworn
Line 232 change which to the
Line 236 change schedule to scheduled
MOTION by Ms. Mooney to approve the amended minutes for August 24, 2011.
SECOND by Mr. Davies
VOTE 3-Aye. 0- Opposed 3- Abstained MOTION PASSED
September 7, 2011
Line 25 change withdrew to withdrawn
Line 26 delete that, insert are after they
Line 28 change then to them
Line 29 change meeting to agenda, insert he after that
Line 30 insert it after and
Line 31 insert that after noted
Line 46 make through out one word
Line 49 delete there
Line 51 change were to was
Line 65 change higher to increase
Line 77 change match to agree with, match to of
MOTION by Mr. Davies to approve the amended minutes for September 7, 2011.
SECOND by Ms. Mooney
VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
New Business/Other Business
Expiring Bond for Concrete Products of Londonderry
Mr. Colby explained his findings when he had visited the site. He passed around photos from June 2010 and the day of his visit. He noted that a rough area about 100’ x 100’ with a berm beyond it about 300’ from the river. He noted that there was no excavating activity presently. He reviewed the photos noting that there is about a 50% growth on the property as compared to the June 2010 photos. He added that there are a few invasive upland species on the property, and the soil is predominantly sandy. He also noted no evidence of erosion.
Ms. Smith and Ms. Mooney discussed asking for permission to remove the invasive plants in exchange for release of the expiring bond for reclamation.
MOTION by Ms. Mooney to dismiss the expiring bond for Concrete Products of Londonderry ($15,000) in exchange for permission to access the property and remove invasive plants on the property (TM11 Lot3).
SECOND by Mr. Davies
Mrs. Sears noted that she needs time to begin the process of calling in this bond as soon as tomorrow in order to meet the tight deadline. Discussion was on the Boards options of spending the monies and possibly returning the monies.
It was noted that getting to the small area that could be reclaimed would disturb more area than what needs reclamation.
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Master Plan chapter review: Recreation
There was some confusion as to which chapter to review tonight. The Board noted it would be best to review the recreation chapter with the Recreation Director present. Mrs. Sears will see if she can attend the September 28th meeting.
The Board will meet for a workshop on September 21st to continue the ZO review.
Mr. Anderson and Mr. Morin will attend the regional Planning Board meeting in Raymond on Sept. 22nd. Mr. Anderson noted that he will bring up other town’s experience with propane bulk plants. Ms. Mooney also expressed interest in Raymond’s Conservation District.
Mr. Anderson noted that there is a joint meeting with the School Board coming up on Oct. 5th but the agenda is yet to be determined.
Ms. Mooney noted that there will be a Planning Board table at Nottingham Day. Mr. Bacon will help with set up. Chair Stockus also noted he would attend for part of the day.
MOTION by Mr. Morin to adjourn at 8:08pm
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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