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Planning Board Minutes 12/28/2011
     NOTTINGHAM PLANNING BOARD
December 28, 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, John Morin, Robert “Buzz” Davies, Alternate Member
PB Members Absent:      Rick Bacon, Vice Chair; Gary Anderson, Selectmen’s Rep, Peter Gylfphe, Troy Osgood, Cheryl Smith, Alt. Member, Traci Chauvey, Alt. Member
Others Present:            Lisa Sears; Land Use Clerk, Nottingham Fire/Rescue Chief Jaye J. Vilchock, James Fernald, Diane Nugert, Sandra Vilchock, Tara Blaney, Chris Robinson, Heidi Carlson, Charles Brown, Town Administrator, Bob Desrosiers, Cheryl & George Robinson, Mary Bonser, Selectperson.

Chair Stockus called the meeting to order at approximately 7:04 pm. Introductions were made. Mr. Davies was seated for Mr. Gylfphe. The Board tabled the review of the minutes until after the public hearing.

Public Meetings/Hearings:

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 opened the first case and noted this case was continued to allow the Town Attorney to give his opinion on whether the applicant would need to apply to the Zoning Board of Adjustment (ZBA) for a variance. Chair Stockus read the Attorney Teague’s opinion letter dated December 22, 2011 stating that he believes they are required to go to the ZBA because this new use, of LP Gas, is not an accessory use of the original business.

MOTION by Ms. Mooney to refer this case to the ZBA for their review.
SECOND by Mr. Davies
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED

Chair Stockus acknowledged the receipt of Mr. Sherman’s response (dated December 7, 2011). Chair Stockus also commented on how SFC had stated that they believe they are a retail facility and are not required to submit an EPA analysis (items 25-30). Chair Stockus noted that this is a bulk plant operation that only Rymes employees will have access to therefore that is not a retail operation. He asked this issue be addressed further by SFC and or provide the EPA report as Mr. Sherman originally requested.  

Chair Stockus acknowledged receipt of the Fire Chief’s letter (dated December 28, 2011). Mr. Fernald noted he would come in the office to get the ZBA application in the morning. Mrs. Sears confirmed with Mr. Fernald that he would address the need for more escrow funds upon the results of the ZBA case.

Chair Stockus acknowledged the receipt of email with a question from a resident on the Lamprey River Advisory Board. It asked: Is this site within a 1/4 mile (1,320 feet) of the North River? ~If so any impacts to the watershed need to be addressed. Chair Stockus acknowledged that this issue was raised by Mr. Sherman too and noted that they would need that answer from SFC as well.

MOTION by Ms. Mooney to recess this case (P11-07-SIT) until February 22, 2011 at 7:15pm.
SECOND by Mr. Morin
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED

Review of Minutes

December 14, 2011

Line 45 the needs italics
Line 87 insert the after and
Line 93 cap F on fee
Line 94 add s to contract
Line 109 apostrophe on Boards

MOTION by Ms. Mooney to approve the minutes of December 14, 2011 as amended.
SECOND by Mr. Davies
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED

FINAL Review of 2012 Warrant Articles/Public Hearing Ad

The Board reviewed and approved the final version of the 4 proposed changes to the Zoning Ordinances for the voters for the 2012 Ballot. There was a minor typo that will be corrected before sending to the Town Clerk.

MOTION by Mr. Davies to proceed with these warrant articles for the 2012 ballot.
SECOND by Ms. Mooney
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED

Gerrior Lane Trust- release of surety

Mrs. Sears noted this was on the agenda prematurely. She gave a brief update of this project and the procedures noting that she is waiting on more information from the engineer before she can ask the Board to release these funds. She added that at the time of the posting of the agenda she had hope to have everything from the applicant but she does not.

Rocky Hill Subdivision-end of 90-day extension approval

Mrs. Sears noted that the project had been extended until Dec. 21, 2011 pending state permits which the applicant had submitted on Dec. 27th. She noted that she has all the plans, mylar, recording fees, copies of all permits but doesn’t have the money for the escrow account that is required before she can have the Board sign and she can record the plans.

The Board discussed and noted that a letter to the applicant stating that the town needs the escrow account set up and funded before any plans are recorded was all that was required at this point. They agreed that the applicant had met their deadline for approval.

Other Business

The Board briefly reviewed their up coming meeting schedule/agendas. Mrs. Sears will contact Mr. Mettee to see if he can attend the February 8th meeting. The Board will have public meetings on January 18th and February 1 for the proposed changes to the Zoning Ordinance. They will review the Capital Improvement Plan (CIP) at the January 25th meeting. They will review four Master Plan Chapters at the January 11th meeting.

MOTION by Ms. Mooney to adjourn at 7:43pm
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.