Planning Board/Zoning Board of Adjustment Joint Meeting
September 7, 2010
Approved October 5, 2010
Planning Board Members Present: Tom Vannatta, Chair; Bill Weiler, Bruce Healey, Elizabeth Ashworth, Members; Ron Williams, Russell Smith, Alternates; Ken McWilliams, Advisor; Jim Powell, ex-officio member.
Zoning Board of Adjustment Members Present: Katheryn Holmes, Chair; Peter Fichter, Harry Seidel, Members; Alex Azodi, Steve Russell, Sue Russell, Alternates.
Mr. Vannatta called the Planning Board (Board) meeting to order at 7:05 p.m.
Ms. Holmes called the Zoning Board of Adjustment (ZBA) meeting to order at 7:06 p.m.
Mr. Vannatta welcomed the ZBA to the joint meeting with the Board. Members of the Board and the ZBA introduced themselves.
Mr. Vannatta noted that the ZBA presented to the Board a list of discussion topics for the meeting (see Attachment). The discussion topics pertain to the Newbury Zoning Ordinance and represent possible modifications/clarifications to the ordinance. Any modifications/clarifications would appear as possible amendments to the Zoning Ordinance for the 2011 Town Meeting.
There was discussion concerning the definitions for construction, historic structure, manufactured housing, net metering, and certificate of use and occupancy.
Mr. Weiler recommended changing the word “construction” to “development” in Article 21.2.1.
Mr. Seidel asked if a structure is considered “historic” only if it has all four criteria listed in Article 2.62. Mr. Weiler said a structure is considered “historic” if it has any one of the four criteria. Mr. Weiler noted that Newbury does not have a designated historic district but the ordinance contains a section on historic district for future use, if needed.
There was general discussion concerning net metering (Article 2.85). Ms. Holmes noted that the ordinance does not currently address solar energy. Mr. Vannatta noted that the RSAs pertain to solar sky space easements but do not address solar energy systems.
There was discussion concerning temporary certificate of use and occupancy, particularly as it affects erosion control measures and enforcement. Mr. Weiler noted that the ZBA’s concerns about erosion control measures are addressed in Article XXI Stormwater Management.
There was a general discussion about the area of enforcement and whether specific penalties for each violation should be described in the ordinance. At 8:11 p.m. Mr. Vannatta and the Board, and Ms. Holmes and the ZBA recognized Dick Wright in the audience. Mr. Wright cautioned the Board about including specific penalty amounts in the ordinance.
The ZBA and the Board discussed Article XIV Signs and Mr. Powell noted that the Board’s Sign Subcommittee is examining the issues surrounding the ZBA’s concerns. The ZBA questioned whether a permit is required for a For Sale sign. Mr. Weiler said his interpretation of the ordinance is that a permit is required in a business district but not in a residential district.
There was discussion concerning the Stormwater Management Guidelines book which is separate from the Town ordinance covering the same topic.
It was suggested that the words “that are from sediment” be removed from Article 21.6.4.
There was discussion concerning the Forest Management Plan (Article 18.4), the designated square footage for an accessory apartment in a residential district, the survey requirement for Blodgett Landing Cottage District, paper roads, and the language used to describe variance.
There was further discussion regarding permanent erosion control plans and long term enforcement capabilities of the ordinance.
Mr. Vannatta noted that the Board will discuss the following items and determine what, if any, should be considered for possible zoning amendments:
- Article 21.2.1 Stormwater Management – change the word “construction” to “development”.
- Article 18.4 Forest Management Plan – provide a definition.
- Article 3.9 Certificate of Use & Occupancy – delete reference to building codes and correct the RSA reference from RSA 676:12, III to RSA 676:12, IV.
- Article 16.7 Variance – rewrite the criteria for a variance.
Ms. Holmes called for a motion to adjourn the ZBA meeting. Mr. Fichter made a motion to adjourn. Mr. Russell seconded the motion. All in favor.
The Zoning Board of adjustment meeting adjourned at 9:21 p.m.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of August 3, 2010 and made corrections. Mr. Weiler made a motion to approve the minutes as corrected. Mr. Powell seconded the motion. All in favor.
The Board reviewed the Executive Session minutes of August 3, 2010 and made corrections. Mr. Powell made a motion to accept the Executive Session minutes as corrected. Mr. Weiler seconded the motion. All in favor.
Ms. Ashworth made a motion to adjourn. Mr. Powell seconded the motion. All in favor.
Meeting adjourned at 9:37 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
Attachment
ZBA/PB Joint Meeting Discussion Topics
September 7, 2010
Article II Definitions
2.28 Construction
2.62 Historic Structure
2.75 Manufactured Housing
2.85 Net Metering
3.9.3 Certificate of Use and Occupancy
Article III General Provisions
3.9 Certificate of Use & Occupancy
Article XIV Signs
14.2 Business Districts
14.2.1 Free standing sign
14.3.1 For sale sign
Article XXI Stormwater Management
21.0 Purpose and Intent
21.3 Landowner’s Responsibilities
21.6 Design Standards for Permanent Stormwater Management and Erosion Control
Article XXIII Enforcement
Article XVIII Skyline/Hillside Conservation Overlay District
18.4 Forest Management Plan
Article V Residential District
5.7.8 Square footage of accessory apartment
Article VI Blodgett Landing Cottage District
Article XVI Board of Adjustment
16.7 Variance
Additional Topics
Erosion Control
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