NOTTINGHAM PLANNING BOARD
WORKSHOP SESSION
JANUARY 30, 2008
Approved 02/20/08, as amended
PRESENT: ABSENT:
Mr. Dave Smith, Chair Ms. Gail Mills
Mr. Peter Gylfphe, Vice Chair Mr. Bob Davidson
Mr. Peter Bock, Selectmen’s Representative
Mr. Scott Canney
OTHERS PRESENT:
Mr. Bill Netishen, Nottingham Selectman
Ms. Mary Bonser, Nottingham Selectman
Mr. Peter Landry, Landry Surveying, LLC
Mr. Ken Sachs, Resident
Mr. Tom Duffy, Resident
Ms. Celia Abrams, Nottingham Conservation Commission
Ms. Deb Kimball, Nottingham Conservation Commission
Ms. Deb Stevens, Nottingham Conservation Commission
Mr. Andy Fast, Nottingham Conservation Commission
Ms. Cheryl Smith, Nottingham Conservation Commission
Ms. Michelle Beauchamp, Strafford Regional Planning Commission
Ms. Cynthia Copeland, Strafford Regional Planning Commission
Ms. Traci Chauvey, Secretary to the Planning Board
Chair Smith called the workshop to order at 7:20 PM.
CONSERVATION SUBDIVISION REGULATION
Ms. Beauchamp introduced herself and stated that the purpose of the workshop was so that the Conservation Commission and the Planning Board could establish a clear direction. She stated that they had talk about a yield plan at the previous meeting and she needed direction. Her notes from the meeting indicated that the applicant was to deduct the unsuitable soils, flood lands, wetlands, surface water, ground water sources, watershed protection areas, excessive slopes of 25% or more, drainage ways, and areas where soil tests indicate unsuitable for subsurface waste disposal from the lot, then subtract 10% for infrastructure, then divide that sum by the underlying zoning of two acres. That number, if not a whole number would then be rounded down. This would be the number of houses allowed. She then
stated that the Conservation Commission had talked about bonus lots. She stated that her understanding was that the bonus would depend on the additional percentage of land placed in the open space conservation. She asked if anyone had questions. Mr. Duffy asked Ms. Beauchamp to clarify what she was talking about. Ms. Beauchamp stated that a development yield plan determines the maximum number of lots that can be obtained conventionally. At Mr. Landry’s inquiry, Ms. Beauchamp informed everyone that they were discussing the subdivision regulation, noting that if the ordinance passed the Planning Board would need to have regulations prepared for public hearing. Mr. Netishen asked if the Board had a regulation prepared. Chair Smith stated that that is what they were working on tonight. Mr. Netishen stated that he believes the Planning Board should have had something prepared long before presenting it for vote. Ms. Beauchamp
acknowledged Mr. Netishen stating that the confusion was obvious at the last meeting. She stated that they were going to get the draft regulation together so the people would have it before the vote. Ms. Bonser stated that the timeline is wrong, noting that the ordinance vote would be on Tuesday and no discussion would take place until the following Saturday.
Ms. Bonser stated that she felt this project was illegally and improperly before the Planning Board. Chair Smith stated that if Ms. Bonser was referring to the zoning ordinance, the Board could not have that discussion this evening. Mr. Gylfphe stated he thought the Board should hear Ms. Bonser out. Ms. Bonser read NH RSA 36-A:2. She stated that the Conservation Commission should have brought this plan to the Board of Selectmen prior to approaching the Planning Board. Chair Smith stated that he would be speaking with Attorney Teague the following day and would ask him about the RSA. Ms. Bonser stated that the RSA is clear in that it should have gone to the Board of Selectmen, not the Planning Board. Mr. Bock asked the representatives from either the Conservation Commission or
Strafford Regional Planning Commission to comment on the situation. Ms. Beauchamp stated that all conservation subdivision ordinances that she has ever worked on have gone before the Planning Board. She further stated that the Planning Board had given the Conservation Commission the authority to work on the ordinance. Mr. Bock noted that Four General’s Greenway was brought before the Selectmen. He stated that he felt that the Board needed to be aware of the ramifications, since the RSA was brought to light. Ms. Copeland stated that it is not uncommon for the Planning Board to ask the Conservation Commission to act as a subcommittee to work on specific issues that have a direct connection to the RSA giving roles of the Conservation Commission and named surrounding towns that are currently doing that. She stated that she believes the Conservation Commission is working within its rights bringing this before the Planning Board and felt that was
expounded by previous conversations between the Planning Board and Conservation Commission. Ms. Bonser stated, again, that the RSA is clear and asked if the Planning Board every appointed the Conservation Commission as a subcommittee. Chair Smith stated that he did not believe that they appointed them, however, he did believe that the Planning Board has asked them to move forward with this. Ms. Bonser asked Chair Smith if the Planning Board had asked the Conservation Commission to present a Conservation Overlay District to them. Chair Smith stated that they had had a meeting on the conservation overlay district before they began. Mr. Bock stated that the Board needed to get clarification. Chair Smith stated that he did not want to spend a lot of time on this tonight. He further stated that they needed to get through the subdivision regulation if they wanted to have a chance to make this happen. He stated that they would address the
RSA next Tuesday. Mr. Sachs voiced concern at the Board moving forward with a discussion when there was a question of the constitutional law. Chair Smith stated that the Board was going to discuss the subdivision regulation, not the zoning ordinance. Chair Smith asked members their opinion, stating that he felt there was a question in regards to the zoning ordinance, not the subdivision regulation. Mr. Gylfphe stated that he felt they were tied together and that was a problem.
Mr. Landry asked if there were draft regulations available. Ms. Beauchamp stated that there are none. Ms. Copeland reiterated that it is common practice for the Conservation Commission to act as a subcommittee for the Planning Board. Mr. Bock, responding to Ms. Copeland, stated that he believed that the hesitation she was witnessing is brought on by a number of things, including past mistakes of interpretation. He further stated that he prefers it this way, however, was not going to vote.
Mr. Gylfphe made a motion to adjourn the meeting. Mr. Canney seconded the motion. Mr. Gylfphe, Chair Smith, and Mr. Canney voted in favor of the motion. Mr. Bock abstained. Motion passed 3-0-1.
Meeting adjourned at 7:40 PM.
Respectfully submitted,
Traci Chauvey
Planning Board Secretary
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