ࡱ> HJG[ 2+bjbj ?Dv\v\2#^^^^^rrrr44r"2]"_"_"_"_"_"_"$$&X"^"^^"U!U!U!j^^]"U!]"U!U!U!mvU!I""0"U!''U!'^U!,U!cH"""'> $: PLANNING BOARD MEETING MAY 22, 2013 AMENDED AND ACCEPTED Meeting Location: Nottingham Municipal Building Members Present: Arthur Stockus, Chair; Troy Osgood, Vice Chair; Susan Mooney, Secretary; Eduard Viel; Hal Rafter, BOS Representative; Robert Buzz Davies, Alternate; Gary Anderson, Alternate Members Absent: John Morin; Dirk Grotenhuis; Traci Chauvey, Alt. Others Present: Paul Colby, Building Inspector/Code Administrator; Jo-Ann MacInnis, Land Use Clerk; Alan Pelletier, Severino Trucking Co., Inc./Applicants Contractor Chair Stockus called the meeting to order at 7:00 pm. All present introduced themselves. Robert Davies will be seated and voting for John Morin. Gary Anderson will be seated and voting for Dirk Grotenhuis. Minutes March 27, 2013 Changes to be made: Line 6 Beginning on Line 6 change Edvard to Eduard throughout document Line 26 Add the increase in acreage following the Lot 6 (3.89 additional = 12.13 acres) Line 42 Insert with the condition that the monuments be set prior to signing said plans following adjustment Line 43 Period (.) following Jewell Line 43 and 44 Delete with the condition that the monuments be set prior to signing said plans. Line 73 Delete the s in the word easements Line 102 Change Edvard to Eduard Line 119 Change Edvard to Eduard Motion was made by Eduard Viel to accept the minutes of March 27, 2013 as amended. Second: Gary Anderson VOTE: 5 0 2 Troy Osgood and Susan Mooney abstained Motion Passed Minutes May 8, 2013 Changes to be made: Line 6 Beginning on Line 6 change Edvard to Eduard (continue throughout document) Line 69 Change Edvard to Eduard Line 78 - Insert (RCCD) following District Line 91 - Insert Planning Commission (SRPC) following Regional Line 114 - Insert (SRPC) following Commission Line 127 - Insert as between the words using and being Line 128 Insert does not include following the work and Page two Planning Board May 22, 2013 Meeting AMENDED AND ACCEPTED Minutes May 8, 2013 Continued Line 128 Delete the word submitted and place a period (.) following data Line 195 Insert Nottingham before Highway Motion was made by Gary Anderson to accept the minutes of May 8, 2013 as amended. Second: Hal Rafter VOTE: 5 0 2 Troy Osgood and Susan Mooney abstained Motion Passed Resignation of Planning Board Member Acceptance Chair Stockus read correspondence from Cheryl Smith regarding her request for the Planning Board to accept her resignation as an alternate member of the Board effective May 11, 2013. Chair Stockus thanked Ms Smith publicly for all of her past contributions to the Planning Board and to the Town of Nottingham. With deep regret: Motion was made by Susan Mooney to accept the resignation of Cheryl Smith as an alternate member of the Planning Board effective May 22, 2013. Second: Troy Osgood VOTE: 7 0 Motion Passed Impact Fees Mr. Colby gave a brief presentation regarding impact fees collected by the town and its ability to pay down the bond statement for the new fire station. He advised that a request was received from the Board of Selectmen for the Planning Board to vote to release said money. Motion was made by Susan Mooney to request the Board of Selectmen withdraw three thousand three hundred and thirty dollars ($3,335.00) from the impact fees fund collected. Said withdrawal is to be used to pay the bond statement held for the new fire station. Second: Robert Buzz Davies VOTE: 7 0 Motion Passed Board of Selectmen Update Gravel Pit Culvert and Marston Homestead/Lee Farm Gravel Pit Culvert Mr. Rafter advised the Planning Board the rebuilding of the culvert going into the gravel pit will begin in August of this year. The start date depends on water levels. To keep expenses down the majority of the work will be performed by the Nottingham DPW. The bid for said culvert to be rebuilt was sixty-eight thousand dollars ($68,000.00.) Page three Planning Board May 22, 2013 Meeting AMENDED AND ACCEPTED Board of Selectmen Update Continued Marston Homestead/Lee Farm Mr. Rafter advised the State of NH is almost ready to release the lien on Marston Homestead/Lee Farm. Said lien is approximately ten thousand dollars ($10,000.00). There will be no conditions other than to maintain the property in perpetuity. There is a barn on the property that has very little value; in fact the town has received a quote of twenty five thousand ($25,000.00) to take the barn down. Mr. Colby stated there is material in the barn in barrels that could be unsafe. He also advised the Planning Board the barn is not put together very well. Ms Mooney questioned if the twenty-five thousand dollars ($25,000.00) quote included all toxic removal. Mr. Rafter stated it was his understanding all toxins have already been removed. Planning Board By-Laws Signature Page The Board signed the signature page of their By-Laws and Rules of Procedure for the Transaction of Business. Language changes were approved at the Planning Board May 8, 2013 meeting. Strafford Regional Planning Commission Aquifer Protection Grant Update Mr. Viel advised the Board he has not yet received the additional information required to make an informed update this evening. He is waiting for more data from Kyle Pimental, SRPC, which should be available for the June 12th Planning Board meeting. Old Business/New Business Rocky Hill Subdivision Road Construction Inspections Mr. Colby apprised the Board that Severino Trucking, Inc. will be building the road in the Rocky Hill subdivision. Alan Pelletier, Servino Trucking, Inc. submitted the following three (3) engineering firms for the Planning Board to review for the purpose of construction inspections: CMA, Engineers; Jones & Beach Engineers, Inc.; and Beals Associates, PLLC. In addition, Farwell Engineering Services, LLC was recommended by Town Administrator Charles Brown. The Planning Board discussed the merits and disadvantages of all engineering firms submitted and unanimously decided to utilize Farwell Engineering Services, LLC for this subdivision. Motion was made by Gary Anderson to utilize Farwell Engineering Services, LLC, to perform all inspections for the construction of the road in the Rocky Hill Road subdivision. Second: Susan Mooney VOTE: 7 0 Motion Passed Page four Planning Board May 22, 2013 Meeting AMENDED AND ACCEPTED Mr. Rafter left the meeting at 7:55 p.m. Rocky Hill Subdivision Performance Surety Alan Pelletier, Severino Trucking Company, Inc. met with the Board regarding the posting of a performance bond as surety for the completion of the road in the Rocky Hill subdivision. In researching the surety file kept in the Board of Selectmens office, staff found that only Letters of Credit had been posted in the past. The Town of Nottingham subdivision rules and regulations specifies that the form of surety shall include certified checks or cash and may include letters of credit on a bank licensed in NH. However, under definitions in the same document Performance Guaranty states, Any security acceptable by the Town of Nottingham as a guaranty that improvements required as part of an application for development are satisfactorily completed. Mr. Colby advised the Board that working with Severino Trucking Company is not an issue as it is a very reputable company. Mr. Davies asked what the advantage is to the Town to accept the bond vs. a Letter of Credit. He questioned if it is more advantageous to the Town to have a letter of credit and he felt that this is a question for Town Counsel. He wanted to know what it would cost the town to get this money from the insurance company should something go wrong. He also had concerns regarding the fact that it appears the town has had no experience with bonds in the past. Chair Stockus agreed with Mr. Davies. Motion was made by Susan Mooney to refer this concern to Town Counsel for his review and recommendation. Second: Robert Buzz Davies VOTE: 6 0 Motion Passed The Board requested Mr. Colby to speak with the Town Administrator and Town Counsel to decide if the bond is the proper method of surety. Should all parties agree the Planning Board will accept the Performance Bond held with Berkley Regional Insurance Company in the amount of five hundred thirteen thousand eight hundred ninety-nine and 20/100ths dollars ($513,889.20). Rocky Hill Subdivision Signing of Mylars The Planning Board will sign the plans this evening and date them when it receives a recommendation from the Town Administrator and Town Counsel. 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