NOTTINGHAM PLANNING BOARD
PUBLIC MEETING/HEARING
MARCH 19, 2008
APPROVED & AMMENDED
PRESENT: ABSENT:
Mr. Dave Smith, Chair Mr. Bob Davidson
Mr. Peter Gylfphe, Vice Chair
Mr. Skip Seaverns
Ms. Sue Mooney
Mr. Bill Netishen, Selectmen’s Representative
Mr. Scott Canney
OTHERS PRESENT:
Mr. Bill Garnett, Resident
Ms. Traci Chauvey, Secretary to the Planning Board
Chair Smith called the meeting/hearing to order at 7:08 PM and welcomed new members. Noting the absence of any other attendees, Chair Smith invited Mr. Garnett to speak.
Mr. Garnett, speaking from previous experience as Chairman of the Planning Board, stated that he had come before them to raise some issues that he believes require the immediate attention and interpretation of the Planning Board. He stated that it would be important for the Planning Board to be very transparent in its decision of how to address Article 2, specifically in relation to Sections 5.1 and 7.1, and to make all applicants aware of their position. He inquired as to how the Board intended to deal with applications which contain DES permits, questioning at what point the Planning Board would be in violation of and become culpable under the new ordinance if they accept and/or approve an application that contains such a permit. He stated for the record that he was not in favor or this Article because of
such questions, but noted that it did pass Town vote and was now a law in Nottingham. He acknowledged that this new ordinance is not a zoning ordinance but noted that all Boards will be affected by it and must respond. Chair Smith asked if the new ordinance had been written or reviewed by an Attorney. Mr. Seaverns stated that it has. Mr. Garnett stated that the author, Thomas Lindsay is an attorney, and he believed the Town’s attorneys had also reviewed it. Mr. Gylfphe inquired as to how this ordinance could be law if it was not a zoning ordinance. Mr. Seaverns and Mr. Garnett explained that there are several stand alone ordinances, such as, open container, that are not zoning ordinances but are law in Nottingham. Mr. Garnett thanked the Planning Board for their time and left the meeting.
Chair Smith stated that he had not understood that this ordinance was not a zoning ordinance. Mr. Gylfphe stated that the Planning Board only deals with the Subdivision and Site Plan Regulations, and the Zoning Ordinances. Chair Smith inquired as to whether or not this is an ordinance that the Planning Board needs to address. Mr. Canney stated that he believed that the board should continue with business as usual, until such time that someone questions it and takes it further. Chair Smith asked if members of the Board wanted to meet with Attorney Teague to discuss it further. Mr. Canney reiterated that he believed there would be no answers until someone attempted a law suit. Mr. Gylfphe asked if that would subject the Planning Board to the same fines as any other violator of the ordinance. Mr. Seaverns stated that the answer to that would be yes because of the way it is written, however, he does not feel that the Planning Board can move forward feeling threatened by that.
Mr. Seaverns asked Mr. Netishen if the Selectmen had made a determination of how to handle timber-cutting permits. Mr. Netishen stated that they had not but it was conceivable, in his opinion, that an action taken under Article 2 will place the issue in an arena where the answers to many of these questions can be obtained. He thinks this approach is best. He noted that they had already been speaking on this issue for 20 minutes with no answers or progress, adding that this could go on indefinitely, especially if the “what ifs” never arose. He reiterated that he believes answers will be obtained when action is taken under this ordinance. Mr. Netishen stated that it is an important fact, to him, that this ordinance did not come through the Planning Board. He agreed with Mr. Canney and Mr. Seaverns that the Planning Board should not be afraid to continue to conduct business as usual. Mr. Gylfphe stated that he is not clear on
what needs to be enforced and to what degree things should be enforced. Ms. Mooney stated that whatever happens needs to be fair and consistent. She felt the Planning Board should sit down with the attorney to ask if they should continue business as usual or if there should be modifications. She inquired as to who this ordinance gets enforced with. Mr. Seaverns stated anybody. Mr. Gylfphe stated that anyone can bring a law suit. Mr. Netishen stated that that would be the arena where the people and the Boards will get the answers to these questions. He stated the he does not believe that Planning Board can take Article 2, compare it to the zoning ordinances, and determine case by case if each zoning ordinance meets each tests of the new ordinance because the new ordinance it too broad. He stated that the affects of the new ordinance on existing zoning is yet to be determined
and that the largest financial and legal risk for a Board is inconsistency. Chair Smith suggested forwarding the new ordinance to Attorney Teague. Ms. Chauvey informed Chair Smith that Attorney Teague’s mother had just passed away and he would be unavailable for a couple of weeks. Chair Smith suggested sending another memo to the Board of Selectmen regarding legal council. Ms. Chauvey recommended that the Executive Committee/Officers of the Planning Board approach the Selectmen to discuss the issue in person since there had been no response to the previous two memos. Chair Smith asked Ms. Chauvey to put them on the Selectmen’s agenda. Mr. Seaverns stated that although he agrees, he did not see that any attorney would be able to provide answers at this time. Mr. Netishen
stated that it may be premature to expect answers this early in the process. Mr. Canney believes that the Planning Board needs to research new legal representation aside from the issues of Article 2. Ms. Chauvey noted for the record that her suggestion was not in regards to the newly passed ordinance. She indicated that she felt if Chair Smith wanted a response from the Selectmen he would need to try a new approach. Chair Smith and Mr. Gylfphe asked Ms. Chauvey to place them on the Selectmen’s agenda.
Mr. Netishen asked if Election of Officers would take place this evening, noting that he had thought April was the meeting time-frame for this type of business within the Planning Board. Mr. Seaverns informed Mr. Netishen that the By-Laws called for Election of Officers at the first regularly scheduled meeting following the Annual Town Meeting. The decision was made for the members to take the By-Laws home for review before signing.
MOTION: Mr. Seaverns made a motion to have Ms. Chauvey forward Article 2 to Strafford Regional Planning Commission, OEP, and LGC to ask for opinions on the affect of the ordinance on the way the Planning Board does business. Mr. Gylfphe seconded the motion. All in favor. Motion passed 6-0.
Mr. Netishen inquired about this evening’s missing member. Chair Smith informed him that Mr. Davidson was absent. Mr. Netishen inquired about Alternates. Chair Smith stated that currently there are none.
MINUTES:
February 20, 2008
MOTION: Mr. Gylfphe made a motion to accept the minutes of the February 20 meeting, as written. Mr. Canney seconded. Chair Smith, Mr. Gylfphe, Ms. Mooney, and Mr. Canney voted in favor of the motion. Mr. Netishen and Mr. Seaverns abstained from the vote. Motion passed 4-0-2.
March 5, 2008
MOTION: Mr. Gylfphe made a motion to accept the minutes of the March 5 meeting, as written. Mr. Canney seconded. Chair Smith, Mr. Gylfphe, Ms. Mooney, and Mr. Canney voted in favor of the motion. Mr. Netishen and Mr. Seaverns abstained from the vote. Motion passed 4-0-2.
ELECTION OF OFFICERS:
Chair: Dave Smith
MOTION: Nominated by Mr. Gylfphe, seconded by Ms. Mooney. All in favor. Motion passed 6-0.
Vice Chair: Peter Gylfphe
MOTION: Nominated by Chair Smith, seconded by Mr. Canney. All in favor. Motion passed 6-0.
Secretary: Skip Seaverns
MOTION: Nominated by Mr. Gylfphe, seconded by Mr. Canney. All in favor. Motion passed 6-0.
The Executive Committee/Officers of the Planning Board confirmed with Ms. Chauvey that she would e-mail them to let them know if they were going to be on the Selectmen’s agenda for March 31, 2008. Mr. Netishen stated that the Selectmen’s meetings start 6:30 every other Monday night. Chair Smith asked Ms. Chauvey to provide him with the dates that the previous two memos were sent to the Board of Selectmen. Chair Smith confirmed for Mr. Netishen that the Officers of the Planning Board would be speaking to the Selectmen about researching other options for legal representation and not about Article 2.
PUBLIC HEARINGS/MEETINGS
Public Hearing Continuance – Subdivision Application (compliance and final approval of a 6-lot subdivision) – RSL Layout & Design for Little River Realty Trust, Lucille Howard, Trustee – 375 Stage Road – Map 17 Lot 25 – Case #P07-08-SUB.
Public Hearing Continuance – Subdivision Application (compliance and final approval of a 23-lot subdivision) – RSL Layout & Design for Leonard Giles Revocable Trust of 2000 – Gebig Road – Map 17 Lot 31 – Case #P07-09-SUB.
Noting that lack of attendance of either applicant or their representative, Ms. Chauvey informed the members that, due to illness of her son and herself, she had not had the opportunity to touch base with Mr. Ladd this week regarding tonight’s meeting. At Mr. Seaverns inquiry, Ms. Chauvey stated that they had requested the continuances and were aware of the meeting date but because of the unusual length of time since he had appeared, she felt it would have been appropriate for the Planning Board Clerk to touch base near the meeting date. Mr. Netishen asked if there was a policy on continuances and to how many may be requested and so forth. Mr. Seaverns stated that there is no limit on the number of continuances that can be granted but they have a policy that the request must be in writing. Chair
Smith read from the January 2 meeting minutes, noting that Mr. Ladd was in attendance, reviewed the proposed Conservation Overlay District, and requested a continuance to the second scheduled meeting in March. By a motion and a unanimous vote the date for continuance was set for March 19. Mr. Gylfphe suggested that the Planning Board send a courtesy letter since there is a lull in applications at the moment. Mr. Netishen inquired about the board’s normal procedure for going beyond the 65 day period. Chair Smith stated that the applicant must either request the continuance or approve the Planning Board’s request for the continuance, in writing. Because of the length of time since the last meeting on either of these cases, Mr. Seaverns felt very strongly that if the applicants wish to move forward with the applications as they were originally submitted abutters would need to be re-notified.
MOTION: Mr. Seaverns made a motion to continue the public hearing continuances of a subdivision application (compliance and final approval of a 6-lot subdivision) from RSL Layout & Design for Little River Realty Trust, Lucille Howard, Trustee, Map 17 Lot 25, Case #P07-08-SUB and a subdivision application (compliance and final approval of a 23-lot subdivision) from RSL Layout & Design for Leonard Giles Revocable Trust of 2000, Leonard Giles, Trustee, Gebig Road, Map 17 Lot 31, Case #P07-09-SUB until May 7, 2008 at 7:15 PM.
Chair Smith asked Ms. Chauvey to send a letter to Mr. Ladd notifying him of the continuances, the need to re-notify abutters, and to request payment of third party fees.
Public Meeting Continuance – Subdivision Application (acceptance, compliance, and final approval of a 3-lot subdivision) – Paul & Leslie Longueil Revocable Trust of 1996, Paul & Leslie Longueil, Trustees – Cooper Hill Road – Map 16 Lot 15A – Case #P07-15-SUB.
Chair Smith opened the public meeting at 8:45 PM
Ms. Chauvey informed the Planning Board that this case has not made it through the ZBA, at this point in time. She explained that it had been on the ZBA agenda for March 4th, however, she was out sick that day and the meeting was continued until April 1, 2008. She further stated that she had not received a written request from Attorney Boldt to continue the meeting.
MOTION: Mr. Gylfphe made a motion to continue the public meeting of a subdivision application (acceptance, compliance, and final approval of a 3-lot subdivision) from Paul & Leslie Longueil Revocable Trust of 1996, Paul & Leslie Longueil, Trustees, Cooper Hill Road, Map 16 Lot 15A, Case #P07-15-SUB to April 16, 2008 at 7:15 PM. Ms. Mooney seconded the motion. Mr. Gylfphe, Ms. Mooney, Mr. Netishen, and Mr. Canney voted in favor of the motion. Chair Smith and Mr. Seaverns voted in opposition to the motion. Motion passed 4-2.
Chair Smith asked Ms. Chauvey to send a letter to Mr. Longueil notifying him of the continuance and to let him know that if the case goes forward, the Planning Board is going to require re-notification to abutters.
OTHER BUSINESS:
Ms. Chauvey informed the board that bills had been received from Strafford Regional Planning Commission for work on the Conservation Subdivision Regulation. She inquired as to whether this should have come under the grant. Ms. Chauvey, speaking as a tax paying resident, stated that she did not believe the town should be responsible for the $2,205 cost being billed as Conservation Subdivision Regulation when the Planning Board was not even aware that this regulation was being written. Mr. Netishen felt that the Board may not have authorized this particular effort but that fell under the authorization given to the Conservation Commission to work on the conservation ordinance. Mr. Netishen and Mr. Seaverns asked Ms. Chauvey to request clarification and the supporting documentation for the bills received
from Strafford Regional Planning Commission.
Ms. Chauvey excused herself to speak as a resident. She informed the members that she was interested in being an Alternate for the Planning Board. Mr. Netishen inquired as to how many Alternate the Planning Board has carried in the past and was informed that the By-Laws state that there can be five, however, in recent years there has been, at most, one.
MOTION: Chair Smith made a motion to appoint Traci Chauvey as an alternate member of the Planning Board. Mr. Canney seconded the motion. All in favor. Motion passed 6-0.
Ms. Mooney handed out copies of a DES timber harvesting permit in the name of Mr. Falzone and noted that the Conservation Commission had not received any prior notice that he was cutting. She wanted the members to be aware that this developer is managing more land in Nottingham.
Secondly, she reported that the Conservation Commission is looking at development grants from the State. She stated that the particular grant they are looking at is four-tiered, with the first being research, mapping, data analysis and informed the Planning Board that the State would provide up to $20,000 and the town would need to match 5% ($1,225 in kind). She stated that Cynthia Copeland, Strafford Regional Planning Commission, had met with them last night to go over the application and would forward a draft for them to work on and present to the Board of Selectmen on Monday, March 31, 2008 for sponsorship. She stated that this would not be just for the Conservation Commission, it would be for all, noting that it is essentially a self study. Mr. Gylfphe stated that the Planning Board had done a build out
of the town many years ago.
MOTION: Mr. Gylfphe made a motion to adjourn the meeting. Ms. Mooney seconded the motion. All in favor. Motion passed 6-0.
Meeting adjourned at 9:40 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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