NOTTINGHAM PLANNING BOARD
PUBLIC MEETING/HEARING
MARCH 26, 2008
APPROVED & AMMENDED
PRESENT: ABSENT:
Mr. Dave Smith, Chair Mr. Skip Seaverns
Mr. Peter Gylfphe, Vice Chair Ms. Sue Mooney
Mr. Bob Davidson
Mr. Scott Canney
Mr. Bill Netishen, Selectmen’s Representative
Ms. Traci Chauvey, Alternate
Ms. Lisa Sears, Land Use Clerk
Chair Smith called the meeting/hearing to order at 7:08 PM and welcomed new members.
Ms. Chauvey introduced Lisa Sears, the new Land Use Clerk to the Board members, and Selectmen Bill Netishen.
Review of Bylaws
Ms. Chauvey reviewed suggested changes to the Planning Board bylaws.
Article VI Section 5, Article VI Section 7 was discussed. Ms. Chauvey noted that the State changed the amount of time allowed to complete minutes, and possibly has changed the same amount of time for the Notice of Decision. She will further research to confirm the wording and exact hours. The Board agreed that the change should be made to match the State RSA.
Point of Order: Bob Davidson joined the meeting at 7:17pm, during the above discussion.
Article X, Section 1 was reviewed. Ms. Chauvey noted that Correspondence should not be done if there are resident/cases waiting. She suggested switching the order of business to have Any Outstanding Business (i.e. a person) come before Correspondence (i.e. reviewing the mail). Much discussion was on the timing of the meeting and the hearing of cases. She noted that all hearings are set for 7:15 so if a case does not show up, then the Board can move on to the next case. As opposed to having to wait to discuss the next case, if it was scheduled for a specific time. Discussion continued but the Board did not state in favor of changing it or not.
Article X, Section 4 was reviewed. Ms. Chauvey noted that at times all the members would like to attend a site walk. Mr. Netishen noted that they all should attend when possible, no decisions should be made at the site walk but anyone who would like to attend should be allowed to. Ms. Chauvey wanted to strike “A site walk shall contain two or three Planning Board members.” Mr. Netishen and Ms. Chauvey discussed the scheduling of site walks. Ms. Chauvey noted that Michelle Beauchamp, Strafford Regional Planning Commission added this section. Mr. Gylfphe also noted that site walks are governed by RSA. Ms. Chauvey noted that Ms. Beauchamp felt this section was important, but noted that it had not appeared to be as important to the rest of the Board, when last discussed. Discussion continued on if the section should
be removed or changing the wording.
Mr. Gylfphe noted that the original bylaws were simple; this version is what Ms. Beauchamp had pulled from the related RSAs. Mr. Smith and the Board agreed that there should be a full board before any changes are made. Ms. Chauvey also noted Article I, Section 11; that members should contact the Land Use Clerk (Lisa Sears), ideally within 24 hours when possible, if they are not able to attend a scheduled meeting or hearing. Mr. Netishen noted that was generally accepted, but wasn’t sure if it was practiced. Ms. Chauvey noted that member on this Board, generally do not practice this. She suggested calling/email the Land Use Clerk (Lisa Sears) if you know you are unable to attend as soon as you know. The Board agreed. Mr. Smith noted the “24 hours” was a good thing because it allowed time to contact an
alternate member so the Board would still be able to have a quorum. The Board agreed to insert, “or ASAP” into this section. Discussion continued. Mr. Netishen wanted the contact info included in the document. They briefly discussed one member possibly using this section to remove a member, but Ms. Chauvey noted that has not been the history of this Board and there were other sections for that (Article V). Discussion continued as to if a member could legally be kicked off the Board. Mr. Netishen noted that is why there is bylaws to cover this type of issue.
Correspondence
Ms. Chauvey updated the Board on outgoing correspondence on recent case(s), noting deadlines for responses of April 15, 2008.
Fee Schedule
Ms. Chauvey asked the Board to consider raising the “Advertising Fee” and “Mailing Fee”. Discussion was for the current costs of not less than $67.50 for an ad now, it is rated per inch. Ms. Chauvey stated that an increase to $75 was reasonable. Mr. Netishen noted the accounting processes the town has. Ms. Chauvey gave different examples.
She also noted the upcoming postal increases. She recommended increasing the mailing fee per abutter to $10 from its current $8. She noted the cost is also for putting the mailings together which can be lengthy. She noted that in Sandown, NH the applicant has to come in with postage already attached and still pays $5 per abutter. Discussion on other fees will be discussed at a later date. Mr. Netishen noted that the Town should not have to pay any costs; the application should pay what ever the costs.
Ms. Chauvey noted that the Planning Board was paying for all completeness review. She feels those costs should be paid for by the applicant, as supported by the RSA. She noted she will review the rest of the fees in the future. Mr. Netishen stated that the Planning and Zoning fees should be consistent. Mr. Smith and Ms. Chauvey briefly discussed other fees but Ms. Chauvey will do further research.
MOTION: Mr. Gylfphe made a motion to raise the fees as suggested $75 for Planning Board Advertising Fee and $10 Mailing Fee per abutter, effective upon Selectmen’s approval. Mr. Davidson seconded the motion. All in favor. Motion passed 6-0.
Alternate Member
Ms. Chauvey noted that she had been sworn in and is a member of this Board.
Ms. Chauvey noted that when she researches the other fees she is going to suggest a fee for Major Home Occupations. There is no fee currently. The costs of the Land Use Clerk’s time should be considered. The Board reviewed what a Major Home Occupation is, how it is currently handled. Ms. Chauvey noted that it could take about 1 day of her time. Mr. Gylfphe suggested a token, $50 fee to cover costs. She noted that she is not proposing anything at this time.
Financial Review/Updates
Ms. Chauvey noted that she is currently reviewing active bonds, escrow accounts and the letters of credit, that are currently open in the Selectmen’s file. Discussion was on:
USA Springs/Frank Delucia & Sons, Inc. performance guarantee
Reddy Homes/Highland escrow account
Clark monuments (Map 18 Lot 16) escrow acct.
Tuck Realty monuments (Map 25 Lot 1) escrow acct.
The Board agreed to have Ms. Chauvey will proceed with obtaining supporting documents, legal advice and follow up as needed for each case.
2009 Zoning Ordinance changes
Ms. Chauvey noted that Ms. Sears could start working on the Zoning Ordinances for next year early. She noted that Ms. Sears could start on the ones that just need to be updated to match changes in the State’s RSAs. She noted that this time is a good time to work on them so that it is not done in a hurry at the end of the year. She noted this will put the Planning Board in a much better place for 2009.
Discussion continued on how the changes go on the warrant article and how it could change for 2009. In the past, articles were lumped into one warrant article and it was difficult to pass that way; as a whole package. The Board discussed how it was all done in a short period of time for the public hearings.
Ms. Sears noted that in Sandown all of the proposed changes are separated out, with any supporting lengthy copy available at the Town Clerks office, Library. She also noted that at the bottom of each there is “$0 tax impact and supported by…<name of committee(s)>” The Board noted that no one person had decided to group them onto one article, it was just how it happened. Mr. Netishen noted that they can be suggested again for 2009. The Board agreed and discussed a proposed schedule and the public hearing process. The Board would like to have any proposed changes to the Zoning Ordinances completed by the Thanksgiving holiday.
Point of Order: Ms. Chauvey left the meeting returning approximately 3 minutes later.
Conduct of Business of Meetings
Mr. Netishen asked about the length and time tables for these workshop meetings and regular meetings. Ms. Chauvey noted that time tables are not set. Mr. Smith noted that set time tables have not worked in the past, and the issue of rescheduling of cases can be complicated. Mr. Davidson discussed his experience. Mr. Netishen noted that the Board may need to do their homework before the case/meetings so that discussions can be less lengthy. He noted he was not criticizing he was suggesting that the long hours can wear the members out. Ms. Sears noted that she must leave no later than 10:15pm at any meeting. He would like to revisit this again at another meeting. He suggested allowing a set time per applicant. He noted that over time people will respond to that. Discussion continued on timetables and control of the meetings.
Mr. Smith noted he was trying not to miss what may be important information. Mr. Netishen noted that if given allotted time upfront then they will tell you the most important information in that time. Mr. Davidson and Ms. Chauvey noted that it helps the meetings progress when the members know the ordinances themselves, it limits the debate among members. Ms. Chauvey agreed with Mr. Netishen that to be here long meeting after long meeting and not accomplish or finish items was very wearing. She noted that the Board will need to pay attention to Ms. Sears when she needs things like minutes approved before a meeting ends. Mr. Netishen again stressed that he felt keeping applicants to a set scheduled time will help. He acknowledged the Boards dedication and hard work and the need for the volunteers to come to meetings prepared.
Chair Smith noted that he will establish a time table at the beginning of each meeting. Ms. Chauvey noted as Chair, Chair Smith can set those times and no vote is needed by the Board. Mr. Netishen agreed. He also noted that all conversations should be directed to the chair limiting more than one conversation going on at one time. Discussion continued on this topic, Mr. Netishen would like to discuss this at another meeting.
Mr. Gylfphe started to make a motion to adjourn but Ms. Chauvey noted that she had a few outstanding issues. Mr. Netishen apologized for taking this time, he thought Ms. Chauvey had finished. She also strongly suggested that the Board make it into the office to review the files/cases before the meetings.
Processing of Files
Mr. Netishen and Ms. Chauvey discussed how files are put together and how best to consolidate the information for the Board to come in and review before each meeting. Mr. Smith noted that they had started to do this.
2009 Meeting Dates
Ms. Chauvey discussed the public hearing dates for 2009. Discussion noted that they have to be aware of RSA and the 120 day requirements and allow for weather delays. Mr. Netishen suggested the Board members bring calendars so that they can determine the 2009 public hearing/meeting dates well in advance. Chair Smith would like to have time to make changes and set new dates if needed. In general the Board would like to have the work completed by Thanksgiving, and then have final public hearings. The dates will be figured backward from the Town Meeting date. The Board would be like to hold 2 meetings in December 2008, and if needed two more in January 2009. Ms. Chauvey will reference the RSAs.
MOTION: Mr. Gylfphe made a motion to adjourn the meeting. Mr. Smith seconded the motion. All in favor. Motion passed 6-0.
Meeting adjourned at 9:39 PM.
Respectfully submitted,
Lisa L. Sears
Land Use Clerk
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