Greenfield Planning Board
Minutes for November 23, 2009
Minutes recorded by Kathy Carpenter
Members present: JAdams, BMarshall (sitting in for MBorden), KO’Connell, GMorris.
7:00 pm Start of Meeting
John Gryval addresses the PB regarding the request by the ZBA for a change in the zoning ordinance to allow the ZBA to charge applicants for reimbursement of consultant fees. The Chairman of the ZBA already has the power to subpoena people to testify. The issue is that the Local Government Center Handbook, under RSA 673-16 II, refers to land use boards and reimbursement of consultation fees. However 676:4.I (g) is in conflict. This paragraph is specific to Planning Boards only. The language from LGC states that there is this problem with this scheme, and recommends the ordinance language be changed to resolve the conflict It provides specific language for inclusion in the ordinance.
JGryval states that he would like the minutes to reflect a general discussion.
GMorris states the concern of the Planning Board is that the ZBA hires an outside consultant. The consultant provides information that refutes the information provided to them by the PB and the consultant it hired. JGryval states that the ZBA has the power today to do this, however it has not needed to exercise this power due to the good relationship between the boards. The ZBA is only seeking to correct the conflict as suggested by the LGC. JAdams discusses the potential of having conflicting studies and cannot see that there is a need for this. JGryval restates that the ZBA already has the power to hire a consultant but not necessarily the authority to charge the applicant for it. This is not about power but fiscal responsibility to reimburse the town. JGryval states that the LGC suggests
that if the zoning ordinance cannot be changed then language can be added to the application. BMarshall states that if the ZBA already has the authority to do this, then there is no need for this discussion today. BMarshall states that the ZBA is a check and balance on the PB. His concern is the ZBA obtains conflicting evidence, and that evidence is possibly used by the ZBA to veto the PB’s decision. If that were the case, then what would be the need for the two boards? JGryval states that while the ZBA has essentially had the authority to do this already, this has not been done in 21 years in Greenfield. JAdams states that the hiring of outside consultants right now would have to come out of the ZBA budget and that should be considered a check and balance. JGryval states that the LGC strongly recommends the change. It was recommended at the conference and is meant to clean up the language and the conflict between the two RSA’s. KO’Connell discusses some situations where
outside consultants perhaps should have been hired to review new evidence provided by applicant to the ZBA that the PB had not seen during its initial review. GMorris states that the PB has not made any decisions yet and will take tonight’s discussions under advisement.
7:39pm
There was to be a PCC this evening for Property on Thomas and Old Coach Rd, The parties are not present and will be rescheduled.
7:40pm
GMorris reads the minutes from the November 9, 2009 meeting.
Changes:
Line 14: put town in quotes,
Multiple: For proposed zoning and site plan regulations, the proposed definition changes and proposed special use district changes place ‘as attached’ on each line and attach the proposals to the final record.
Moved by KO’Connell to accept the minutes as amended, BMarshall seconds, there is no discussion, all in favor, the motion passes.
7:46pm Mail
1. Boundary Line Agreement for Marshall/DuBois lot line adjustment
2. Plat for Phillip DuBois surveying conservation easements
3. Selectmen’s minutes for October 29 and November 5, 2009
4. SWRPC request to complete on-line survey for Contoocook/North Branch River
5. Contoocook Valley Transportation Company Fall 2009 Newsletter
6. PB Budget Report January – December 2009
7. Hillsborough County Flood Insurance Plain Maps and Studies
7:53pm
Planning Board Business
Discussion regarding Ground and Surface Water Protection Grant that BMarshall has been working on. BMarshall submitted an application for the Town of Greenfield for the grant. The grant would allow for professional consultation in developing ordinances for the protection of surface and ground water. GMorris received a phone call stating there were only 3 submissions for the grant, and they are suggesting that each of the three towns submit an additional $500 each, which would allow all three towns receive the assistance. The PB discusses where the monies should come from. JAdams believes that this should come from the Conservation Commission funding as this is in direct support of their efforts. BMarshall feels that this would be an appropriate expenditure from the PB, as this also has to do with planning,
and feels that the PB should share the cost as a co-partner. BMarshall moves that the PB takes $500 from their budget for legal fees. JAdams second, there is no discussion, all in favor, the motion passes.
7:59pm
General Business – Open Discussion
The PB discusses proposed changes, as attached, to include a special ‘use’ district in the zoning ordinance. The PB discusses the merits and applications of the proposal. The question is how the overlay would be applied. A public hearing would be required by the site plan review process. The general consensus is that the purpose of the overlay district would be to streamline the process for special use applications. KO’Connell will see if LGC will review and comment on the proposal.
8:44pm
PB General Business
The PB discusses other housekeeping changes that should be done to the ordinances.
9:30pm
JAdams moves to adjourn, BMarshall seconds, no discussion, all in favor, the meeting is adjourned.
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