NOTTINGHAM PLANNING BOARD
November 30, 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, Gary Anderson, Selectmen’s Rep, Susan Mooney, Secretary, Peter Gylfphe, John Morin, Troy Osgood, Robert “Buzz” Davies, Alternate Member,
PB Members Absent: Rick Bacon, Vice Chair; Cheryl Smith, Alt. Member, Traci Chauvey, Alt. Member,
Others Present: Lisa Sears; Land Use Clerk, Jeff Murphy, Linda & Jim Fernald, Chuck Cosseboom, Cheryl Robinson, Sandra Vilchock, Chief Jaye Vilchock, Jude & Nelson Thibault, Philip Sherman.
Chair Stockus called the meeting to order at approximately 7:01 pm. Introductions were made. The Board moved the review of the minutes to after the public hearing. Mr. Davies arrived at 7:08pm and was seated for Mr. Bacon
Public Hearing(s)
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 gave a brief update; noting that the response to Mr. Murphy’s report (November 21, 2011) was just received tonight, leaving the Board little time for the Board or Mr. Sherman to review and respond to.
Jeff Murphy, SFC Engineering, project manager for this project reviewed in detail his responses received tonight some of the areas discussed were:
Mr. Murphy noted that they received permission from the State Fire Marshall to use the most recent code: National Fire Protection Association (NFPA) 58 even though it hadn’t been officially adopted by the State yet. Chief Vilchock asked for a written copy of that approval. Mr. Murphy agreed to provide that. Mr. Murphy noted that they are the fire protection engineers for the project but not the civil engineer for the project, as noted on the plans. Later in the meeting, Mr. Cosseboom explained that New Hampshire legislators must approve the codes and they can lag behind in approvals. He added they like to build new facilities to the latest code so that they can be in compliance for the longest amount of time.
Mr. Cosseboom explained the odorization process and the training his employees undergo and the training he provides to local emergency personal, also noting their company’s first responders are also trained and licensed by the State Fire Marshall’s office and they are required to as part of being a fuel distributor. He also noted that they would offer training, including hands on, on site, to the Nottingham Fire Department as they do with many NH Fire Departments.
Also discussed were the tanks and equipment being installed; noting it is used equipment but it will be certified and comply with applicable codes, and these new codes (NFPA 58) include such features as self closing valves, and break away valves. He added that it is in the best interest of Rymes Heating, the Fernalds, and the residents of the Town of Nottingham for them to use the latest safety standards and equipment.
Chair Stockus and Mr. Davies inquired about who certifies the equipment. Mr. Cosseboom told the Board that they certify their own equipment and the quality of the used equipment depends on the care and maintenance of it throughout its lifespan. Mr. Cosseboom also added that the State Fire Marshall’s office could come and inspect the equipment at any time, but they also inspect themselves, on a monthly basis and have the records that show that.
Mr. Davies asked about the size of the paved area around the tanks. Mr. Cosseboom noted that it is according to code; just like the loading/unloading area will be made with crushed stone bed, per code.
Mr. Murphy explained that based on their research this project is not considered wholesale and doesn’t fall under those requirements of the Environmental Protection Agency (EPA) as Mr. Sherman’s response implies, because the product is a retail business that the consumer is the end user. Mr. Murphy noted that be clarified on the plans and submittals that it is a retail facility.
Also discussed were the security measures: a 6’ chain link fence that will be gated and locked with appropriate agencies allowed access for emergencies.
Discussion was that the traffic accident risks were low because there would only be 3 tractor trailer loads per week (9 retail trucks) and all of the vehicles are DOT approved and licensed. Mr. Cosseboom and Mr. Murphy believe the possibility of driver error, although possible, was low because of the training the driver goes through and the equipment (valves) shut offs are nearly instant. Other NFPA 58 codes that handle safety measures that don’t require humans to activate were explained as well.
Mr. Murphy also explained their responses to Mr. Sherman’s questions are that some of his questions are not valid because they are proposing a retail and not wholesale distributor and therefore they believe they don’t fall under those EPA requirements. Mr. Sherman disagreed. Discussion moved to the how the original fire analysis and how it is a preliminary document, depends on final engineering/construction and how they would provide a final version after the installation is complete.
It was also noted that with mitigation through design (with the new code) there is the least likelihood for a catastrophic event. They believe the likelihood of failure of a tank or such is covered through these new technologies and the new NFPA 58’s safety equipment.
Discussion was on the unknown size of any evacuation zone and how it would be decided by the incident commander (fire dept) responding to the scene, which relates to the training that Rymes can provide to the fire department referred to earlier and in upcoming responses. Various emergency scenarios were discussed and would be covered in detail in the future training of the Fire Department personnel.
Also discussed were the equipment and training available in Nottingham through mutual aid, and how they will need to review in depth the experience, skill set and training that the Fire Department has as well as the details of what kind of equipment they already have.
The applicant suggested that the engineering analysis of the bridge to be used will be done upon site plan approval and suggested making it a condition of any approval. Later in the meeting, Mr. Fernald noted that he plans to update the bridge regardless of approval.
Mr. Cosseboom noted they have personnel on 24 hours a day, seven days per week for emergencies. He added that the propane community has its own mutual aid team organized by the State Fire Marshal’s office. The Chief confirmed for Mr. Gylfphe that the fire equipment the Town has includes the use of foam.
Chair Stockus suggested that the meeting be recessed due to the technical nature and to allow time to have Mr. Sherman respond to this report just received.
Mr. Cosseboom respectfully requested for a vote tonight, noting that they have been before the Board for six months for this project. He said that he has been told that there is nothing on site that would not let them meet codes. Chair Stockus again noted that this report was just received tonight and they need experts to assist the Board.
Mrs. Sears noted that other than this fire safety report, not much else for the site plan review has been discussed, including the request for contours to be added to the plan per Mr. Colby’s August memo. Mr. Cosseboom stated they had been added to the plan.
Mr. Gylfphe discussed his site walk results: the age of the bridge and a need for a dry hydrant. Mr. Fernald agreed to upgrade the bridge regardless if this passes and install the dry hydrant if this project goes forward.
Ms. Fernald stated that they were always willing to do what was best for the Town and this project but stated “I would like to call the 90 day rule and ask for a vote”.
Mrs. Sears clarified that clock starts upon the Board’s acceptance of the application not the date that the application was submitted, and how the 90 days would have run out on November 26, but the Board and the applicant had agreed to tonight’s meeting.
Ms. Mooney discussed zoning districts in the Zoning Ordinance (on page 6- Article III.) that relate to ground water and aquifer districts in Nottingham. Mr. Cosseboom noted propane is not a hazard to ground water, because it evaporates.
Discussion was on the existing tanks, six 1,000 gallon propane tanks will be removed if passed, there is a total of 12 fuel tanks on the property.
Chief Vilchock stated that he was sure Rymes installs quality systems and Fernald’s best interests of the town in order but disagrees there is a delay in the approval process. He stated he believes we need to go slowly to understand the full scope of the project. He added he is the incidence commander in any emergency and he is responsible for the 600 people in the school as well as his responders. Mr. Anderson asked the Chief about the schedule for additional training. Chief Vilchock noted they could add the additional training to their schedule and it would not be a burden; but added that they must also consider the response times; the volunteers are not always in town for quick responses and mutual aid’s response time is also needed.
Mr. Gylfphe commented how there is 2nd access for school and fire department on Priest Road. Chief Vilchock agreed but noted it depends on the size of the evacuation area or the size of the incident if that would be used. The Chief was asked if there was a school evacuation plan and did he supervise it. The Chief stated he didn’t know of the School’s evacuation plan but that they do supervise the fire drills. Chair Stockus called for more questions. There was none.
Chair Stockus noted that some of the information came in slowly and should be reviewed by Mr. Sherman.
MOTION by Mr. Stockus to recess the meeting to allow time for the consultant to review the responses from the November 21, 2011 SFC Engineer’s letter and report back to the Board.
SECOND by Ms. Mooney
Mr. Morin stated he was not in favor
VOTE 2-Aye. 5- Opposed 0- Abstained MOTION FAILED
MOTION by Mr. Morin to approve 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 with the conditions that the complete the Fire Safety Analysis (using NFPA 58) and complete the Bridge Engineering Analysis.
SECOND by Mr. Anderson
Mr. Davies suggested the Conceptual Approval on pg 7-8 (number 8) of the Site Plan Review Regulations. Discussion was on how the applicant needs to move forward and the Board would still have the ability to review the designs.
Ms. Mooney read from the Zoning Ordinances discussing what is allowed in residential/agricultural district noting there was no retail or wholesale allowed in this district.
Mr. Fernald stated that his original lumber/mill business did get ZBA approval. Discussion was on if this project is a new business or does it fall under an expansion of the existing business. Mr. Anderson was not sure if it is separate or not. It was noted that Rymes will be leasing the land and already supplies the existing business.
Mr. Cosseboom noted that there would be no additional retail traffic impact, just the 9 trucks per week.
Chair Stockus noted the increase in storage was 6,000 to 36,000. He also stated he has problem acting before he has all the responses. He called for more comments from the Board.
Mr. Osgood noted it was a standstill unless the applicant is allowed to go a little bit further. He agreed with Mr. Davies to allow the applicant to further develop their plans and get the Chief’s concerns addressed as well. Mr. Anderson agreed but wanted to have the ZBA issue addressed.
VOTE 2-Aye. 5- Opposed 0- Abstained MOTION FAILED
MOTION by Mr. Davies to conceptually approve of 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 with the conditions that the complete the Fire Safety Analysis (using NFPA 58) and complete the Bridge Engineering Analysis.
SECOND by Mr. Osgood
This would give the applicant up to one year but allows the Board to review.
VOTE 5-Aye. 2- Opposed 0- Abstained MOTION PASSED
MOTION by Mr. Stockus to Mr. Sherman, consultant, to review the responses of the SFC letter dated November 21, 2011.
SECOND by Mr. Davies
It was noted this would be at the expense of the applicant. Mrs. Sears noted there may or may not be enough funds in the escrow account to cover this cost. She explained that if there is not then the applicant must provide additional money in the escrow account to cover the costs before the review can be done.
VOTE 6-Aye. 1- Opposed 0- Abstained MOTION PASSED
Mr. Cosseboom will provided Mr. Sherman a copy of the EPA report that they referred to in their responses tonight.
Mr. Fernald asked for clarification from the Board if they believe they need to go before the ZBA or not. Discussion was again if they are a separate business or expansion of an existing one. Chief Vilchock stated that by code it is a bulk plant and therefore a separate business. The Board would like to get a legal opinion on this at the Board’s expense.
MOTION by Ms. Mooney to have counsel to advise the Board on if this applicant needs to go before the ZBA because it is a separate business in the residential/agricultural zone or just an expansion of an existing business. The cost of the opinion is at the Board’s expense.
SECOND by Mr. Anderson
VOTE 6-Aye. 1- Opposed 0- Abstained MOTION PASSED
Mr. Cosseboom requested a copy of audio for tonight’s meeting.
MOTION by Mr. Gylfphe to recess the meeting until December 28, 2012 at 7:15pm.
SECOND by Ms. Mooney
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
Other Business
The Board reviewed and discussed the following invoices:
MOTION by Mr. Anderson to approve the November 30th invoice from Mettee Planning Associates for $1037.60 for work with the Zoning Ordinance review.
SECOND by Mr. Gylfphe
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
MOTION by Ms. Mooney to approve the November 19th invoice from Mettee Planning Associates for $3,750.00 for work with the Master Plan.
SECOND by Mr. Anderson
Master Plan Committee members Ms. Mooney and Ms. Anderson had reviewed the invoice and approve. VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
Approval of Minutes
The Board tabled the minutes.
MOTION by Mr. Gylfphe to adjourn at 8:38pm
SECOND by Mr. Morin
VOTE 7-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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