NOTTINGHAM PLANNING BOARD
April 16, 2008
PUBLIC SESSION
APPROVED & AMMENDED
Type of Meeting: Regularly Scheduled
Method of Notification: Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location: Nottingham Municipal Building
Members Present: Mr. Dave Smith; Chair, Mr. Peter Gylfphe; Vice Chair, Ms. Sue Mooney, Mr. Scott Canney, Mr. Skip Seaverns, Ms. Mary Bonser; Alternate Selectmen’s Representative, Mrs. Lisa Sears; Land Use Clerk
Members Absent: Bob Davidson, Mr. Bill Netishen; Selectmen’s Representative, Ms. Traci Chauvey; Alternate
Chair Smith called the meeting to order at 7:03pm.
Review of Minutes
Mrs. Sears had a brief discussion on how the minutes are done with Ms. Bonser. Mrs. Sears noted that she does not go back and make any changes to original minutes. At the next meeting, minutes will be approved either as written or with changes noted. She also noted that she has placed a sentence at the end of the minutes that reads: These minutes are subject to approval at a regularly scheduled Planning Board meeting at which time the minutes are corrected or accepted. She noted this may help with anyone who is not use to looking ahead to the next set of minutes to see if any changes were made before they got approved. She noted no signatures from the Board are needed for minutes. She also noted this procedure was confirmed at the Local Government Center training that she attended. She noted that she will not be
noting in the minutes when Board members leave the meeting, only if it happens during a case/hearing, when a vote will be taken. The Board agreed.
April 2, 2008
The following changes were made by the Board:
Line 66: add an apostrophe to clerks
Line 68: add an s to Sear
Line 77: delete comma after process and insert of
Line 84: insert the word use after her to
Line 99: add an s to Sear and add an apostrophe to clients
Line 106: change where to were
Line 130: change a to an
Line 193: change right to write
Chair Smith and Mr. Seaverns noted that the person who opposed vote was noted in some cases but not in others. (Line 133) Mr. Seaverns stated the he felt that unless it was a roll call, during a case/hearing then there wasn’t a need to note the name of who opposed the motion. He felt it was a safer approach. Chair Smith noted that a role call should be on any application so that residents can see how they voted. Ms. Bonser suggested making this part of the Board’s bylaws. The Board agreed.
MOTION by Mr. Canney to approve the April 2, 2008 minutes, as amended
SECOND by Ms. Mooney
VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
April 9, 2008
The following changes were made by the Board:
Line 70: change fired to filed
Line 78: change is to his
Line 96: insert the letter to SRPC after out
Line 99: insert with after Sears
Line 100: delete the s on regards
Paragraph starting on Line 110: the sentence that starts with Mrs. Sears should be moved to the last sentence or its own paragraph.
Line 116: change They are to DES is
Mrs. Sears noted Line 12: delete Mr. Bob Davidson
Mrs. Sears read corrections submitted from Ms. Chauvey:
Line 39:~ “I think that we should have clarified this motion further by saying that there will be no cases heard between the first meeting in March through and including the last meeting in March.”
Mr. Seaverns noted they will cover this in the bylaws discussion later in the evening.
Line 68 (72):” I had talked with Lisa about listing how the vote goes if it is not unanimous.~ I would like her to note that it was me who was opposed to this motion”
Line 78:~ “discussing” should be “discussion”
Line 112:~ Ms. Chauvey did not understand the sentence that begins, “Chair Smith noted it is in…”~ He noted what is in the new application process????
The Board agreed with the changes, and addressed it in the correction to Line 110 above.
Line 21: Mr. Seaverns wanted to change: changes were made: to items where discussed
Mrs. Sears noted that under the right to know laws if email is used to discuss things with the whole board, then she will have to include them in the minutes, like this one. She noted that it was appropriate when email is used and read at meetings or when members use “reply all”. The Board agreed.
MOTION by Mr. Seaverns to approve the April 9, 2008 minutes, as amended
SECOND by Mr. Gylfphe
VOTE 4-Aye. 0- Opposed 2- Abstained MOTION PASSED
PSNH letter
Mr. Seaverns asked the Board about the letter from PSNH and how the Board would know who has the easements. He noted that he believes that currently the easement does not trigger an abutter notification. Mrs. Sears left the meeting to get the letter so Mr. Seaverns could read it.
Ms. Bonser noted that the surveyors do note the easements on the plan. Discussion continued on the costs associated with notifying PSNH of all applicants that come in with their easements but no action was taken. Later in the meeting, Mr. Seaverns asked the Board if we do as requested for PSNH then we would be setting a precedent for all the utilities and asked the Board if they wanted to do that. Chair Smith noted that this may be covered under the new Subdivision Application and Regulation that they have started revising with Michelle Beauchamp from SRPC.
Conservation Subdivision Regulations from DES
Mr. Gylfphe briefly noted that these draft regulations, which Ms. Mooney handed out last week, were missing enforcement procedure and other omissions. They briefly touched on how conservation easements work; with Ms. Mooney sharing her experience with one here in town. Ms. Bonser noted that monitoring and enforcement issues need to be considered, when these regulations are considered.
Chair Smith read the case on the agenda, and opened the public hearing.
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 read the email from Attorney Boldt requesting a continuance due to their case still in the Zoning Board process, and is scheduled for the next ZBA meeting on April 22nd. Mrs. Sears read an email from Ms. Chauvey stating that she believes the case should be dismissed. There was a lengthy discussion on how this Board should proceed with the information they currently have. Chair Smith noted that this case has not had a public hearing. Mr. Gylfphe did note that he has seen a different plan than this one at the ZBA meeting. Ms. Bonser was concerned about dismissing the case and the applicant having to pay additional fees when they come back after the ZBA decision. Chair Smith reviewed the case file and a brief history of this case, noting that this has was started in early October, first notified
November 28, 2007, but has never been before this Board. It was also submitted at the same time as the Zoning Board; it was denied by them once and is before the Zoning Board again. Mrs. Sears noted that Ms. Chauvey as recommended that re-notification must be done. The Board agreed that they would have to re-notify abutters at a previous meeting. Ms. Bonser stated that there were so few days left that it was unnecessary to dismiss this case now, making them pay the fees all over again. Chair Smith suggested having it dismissed without prejudice and have them re-apply, and re-notify abutters. Ms. Bonser was concerned with charging excessive fees.
Mr. Seaverns discussed that this case should have been accepted by the Planning Board, and then denied telling them they need to go to the Zoning Board for the access issue. Discussion continued on the application process, and time tables. Chair Smith again gave a brief history of the case to date. Ms. Bonser felt that the applicant was using the correct process. Time tables for the case were discussed and how to possibly wave some fees if denied. Mr. Seaverns noted that they will probably not be coming in with the same plan that was originally provided; therefore needed to start from scratch, with a different plan. Chair Smith suggested that ideally the applicant should have had any ZBA approvals before applying to the Planning Board. The application process was again discussed. Ms. Mooney read the previous minutes on
the case.
Chair Smith reviewed the case file, noting the Board has never seen this case, and it has been reviewed for completeness, noting it is not complete. He also noted that the plans have to have changed because the applicant had been denied by the ZBA in December.
MOTION by Mr. Gylfphe to deny this application without prejudice due to lack of activity beyond 90 days on the application and it will have to be re-notified.
SECOND by Chair Smith
Discussion was on the amount of time stated in the motion, completeness, and how the applicant should be notified.
Point of Order: During this discussion, Ms. Bonser recused herself citing her husband’s professional relationship with the Attorney representing this case.
Chair Smith stated that he believes having never heard the application, that they can’t deny the application. He noted that Michelle Beauchamp’s application review (dated December 4, 2007) has stated that there is missing information that makes this application incomplete.
Mr. Gylfphe restated his motion:
MOTION by Mr. Gylfphe to deny this application without prejudice due to lack of activity, incomplete application and it is beyond 30 days, and there wasn’t an abutters list given.
Discussion was on the amount of days, its completeness, and if the plan will be different from this one. The contents of the file and various dates, the plans submitted and lack of action were discussed. The Board discussed possibly waving fees either now or in the future, if denied. They noted that at least, the will have to pay the public notice fee and abutters fees again.
They Board believes this would have best been handled if the applicant had come to a meeting. There was discussion if they were notified that they had to re-notify abutters in a letter.
VOTE 0-Aye. 5- Opposed 0- Abstained MOTION PASSED
Mr. Seaverns would like to have a letter sent to the applicant stating that we have continued your hearing until <date>. Discussion continued stating that the Board would like them to come before them, and notify them that they need to re-notify the abutters and possibly have a new application if the plans have changed significantly. They also noted that if no one appears then the application will be dismissed.
MOTION by Mr. Seaverns to send the applicant a letter as discussed.
SECOND by Mr. Gylfphe
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
MOTION by Mr. Seaverns to recess this hearing for 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 to the May 7, 2008 meeting.
SECOND by Mr. Gylfphe
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board welcomed Ms. Bonser back to the Board.
Mrs. Sears will update the case file with previous minutes and she noted that she and the building inspector will be working on the “land use” files, so all properties, will be filed by Tax Map/Lot Number. She noted that this project will be done when the office is not busy and could take awhile. She briefly noted other projects she wants to work on in the future, that were covered by her recent LGC training.
Bylaws
Mrs. Sears noted that Article VI Section 7 should match what is required by RSA, noting posting “corrected/approved” minutes are not required it is the “draft” minutes that must be posted. She also noted that the Town Clerk does not take the minutes.
Discussion was again on where the postings should be, possibly Liars, and the West Nottingham Post Office. The Board also will send a letter to the Board of Selectmen requesting a bulletin board, with a glass case be placed on the outside of the Town Offices between the Police entrance and the Town Offices entrance. Mr. Seaverns believes it is the Board who should be naming the places that will have the postings on them. Ms. Bonser noted that the current system of how things are posted is working.
MOTION by Ms. Bonser to send a letter to the BOS on putting up the glass case for legal notices.
SECOND by Mr. Seaverns
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board discussed and noted the new wording is as follows:
SECTION 7 - The Clerk shall prepare minutes per RSA 91A:2 II - Minutes shall be promptly recorded and open to public inspection within 5 business days, excluding National and State holidays of the public meeting/hearing/workshops. They will be posted in at least two (2) public places in accordance with Town policy.
MOTION by Mr. Seaverns to Article VI Section 7 as discussed.
Point of Order: There was no second, motion dies.
Article IV Section 1
The Board discussed Mr. Gylfphe’s motion at the April 9th meeting and Ms. Chauvey’s comments. Some members felt the wording was not clear.
MOTION by Mr. Seaverns to change the wording of Article IX Section 1 to add: The second meeting in March shall be in accordance with Article IV Section I, and to change the wording of Article IV Section 1 to: A special meeting of the Planning Board shall be scheduled for the last Wednesday in March to elect officers, swear in new members, and get all members updated materials so they can perform their duties. No regular business shall be conducted at this meeting.
SECOND by Mr. Canney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Article V Section 2
Ms. Bonser discussed this article and the related RSA.
MOTION by Ms. Bonser to add in accordance with RSA 673:13 to Article V Section 1.
SECOND by Mr. Gylfphe
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
New Article(s)
The Board discussed Mr. Seaverns suggestions from a previous meeting.
MOTION by Mr. Gylfphe to add: ARTICLE XII – Adoption and Amendment
Section~1 - In accordance with RSA 676:1, these bylaws and rules shall be adopted at a regularly scheduled meeting of the Planning Board.~ Once adopted, a copy of the adopted bylaws and rules shall be placed on file with the Town Clerk.
Section 2 - These bylaws and rules may be amended by a majority vote of the Planning Board provided that such amendment is read and signed by the Planning Board at the next regularly scheduled meeting.~ Once amended, a copy of the amended bylaws and rules shall be placed on file with the Town Clerk.
Section 3 - A statement shall be provided that states “Date Adopted:”
Section 4 - A listing shall be provided that states “Date Amended”, with a listing of each date it was amended.
SECOND by Ms. Bonser
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Gylfphe suggested the suggestion of Mr. Seaverns to add a new article that covers what the Board expects for Surety related to applications.~ Typically, Letters of Credit are the only monetary vehicles we accept.~The Board agreed that this discussion/suggestion would best come under the Zoning Ordinances or Subdivision Regulations
Article XIII
MOTION by Ms. Mooney to add a heading to the signature page: Article XIII – Authorization.
SECOND by Mr. Seaverns
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Seaverns noted he wanted to add something on non public sessions to the bylaws but was not able to do so at this time.
MOTION by Mr. Gylfphe to adjourn the meeting at 9:35pm
SECOND by Ms. Mooney
They briefly discussed an upcoming workshop on May 14th at the Blaisdell Memorial Library on Land Protection and Estate Planning. They briefly discussed the PSNH easement issue that is noted in the beginning of these minutes.
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Respectfully Submitted,
Lisa L. Sears
Land Use Clerk
These minutes are subject to approval at a regularly scheduled Planning Board meeting at which time the above minutes are corrected or accepted.
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