NOTTINGHAM PLANNING BOARD
May 13, 2009
PUBLIC SESSION
Approved & Amended
Type of Meeting: Joint Meeting with the Nottingham Zoning Board of Adjustments
Method of Notification: Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location: Nottingham Municipal Building
PB Members Present: Scott Canney, Chair; Arthur Stockus, Secretary; Bill Dean, Vice Chair; Ms. Susan Mooney, Mr. Peter Gylfphe, Robert “Buzz” Davies; Alternate Member, Ms. Mary Bonser; Selectmen’s Representative,
PB Members Absent: Dave Smith
ZBA Members Present: Mike Russo; Chair, John Morin; Vice Chair, Peter Landry, Mr. Romeo Danais, Bonnie Winona; Alternate Member
ZBA Members Absent: James Morin, James Crowell, Alternate, Kevin Bassett, Alternate
Others Present: Traci Chauvey; Alt. Member (PB member-not seated), Lisa Sears; Land Use Clerk, Paul Colby; Building Inspector/Code Administrator
New Hampshire law dictates that a joint meeting of these two boards is run by the Planning Board Chair: Chair Canney called the meeting to order at approximately 7:07 pm. Mr. Davies was seated for Dave Smith.
Mr. Russo thanked the Planning Board for meeting tonight. He noted that his intent was to improve communication between the two boards, and how we serve the public.
Improve communications between the Boards
Procedures for Applicants: which Board first?& Review of ZBA Process & Applications
Mr. Landry reviewed how the process (for the applicant) works right now and gave examples. After much discussion and education all the members, of both Boards agreed that an applicant must be denied by either: the Building Inspector, Planning Board or Board of Selectmen, before they can appear before the Zoning Board of Adjustment (ZBA). Ms. Chauvey noted that there are no RSAs that mandate an applicant go to the Planning Board (PB) before the ZBA. She also noted the extensive fees involved for an applicant if they go to the PB before the ZBA. She noted that if they are then denied by the ZBA then they have incurred a lot of expense, potentially for nothing if denied by the ZBA.
Mr. Russo added that the majority of cases that go before the ZBA are simple ones but there have been only a few cases in recent years that were between both boards.
Mr. Landry agreed with Ms. Chauvey but added that this type of pre-meeting with the two boards can help solve issues like that. Everyone was agreed that they did not want applicants to incur excessive fees. The Board discussed various scenarios.
Paul Colby explained that he was also the Code Administrator and that he was the one that looks at these applications/issues to see if they meeting the Town’s Zoning Ordinances (ZO). He explained the process that is currently done in the office with himself and Mrs. Sears.
They discussed the procedures on page 38 of the Zoning Ordinances. Mr. Russo stated that he was comfortable with Mr. Colby reviewing applications for which board to go to first. Mr. Colby agreed, noting that this very topic was discussed at his building officials meeting today, noting that Towns with Code Administrators should be used as the “gate keeper”.
Mr. Landry added that there are RSAs (NH RSA 155 A-1-III) that support that role for the Town’s Code Administrator. The Board continued to discuss different possible scenarios. Both Boards agreed that these should be making a “team” effort when it comes to applicant’s procedures and interrupting of the ZO. They continued to discuss previous issues.
Ms. Chauvey asked Mr. Colby if he was in favor of removing the building codes from the Zoning Ordinances. Mr. Colby noted that the only thing that needs to stay is the sections that refer to the national and state standards, all the other detail standards are not needed because they are already covered by State codes or in the Town’s ZO. He also noted that per law we have to be equal to or more stringent than the State code. It was noted that the Town was not more stringent than State code but there are things that are less stringent. Mr. Colby gave examples noting that he has to enforce the State’s more stringent statue. The PB will review this again when they make the proposed changes to the 2010 ZO.
Mr. Colby explained to the PB that he is the one that should be asked to do any code enforcement issues, like the recent case with the nursery in town. The Board agreed to go to him next time and not the Board of Selectmen (BOS). Ms. Chauvey noted that the Board perhaps that they needed to ask the BOS for the ok, since Mr. Colby does not work for the PB. Mr. Colby noted it was part of his job description was to administrate to the Boards. Mr. Canney noted that he now knows that they are allowed to ask him to do Code Enforcement issues.
Mrs. Sears noted that she can support the Boards by helping each one understand what the other is required to do in their process. She also noted that each Board is guided by a State handbook and those were available on line or she could get them a copy if they needed one.
How to handle follow up to cases between the Boards
They all discussed in detail but noted that in the end that Mrs. Sears could be the go between for the information between the Boards. It was also noted that she already brings the ZBA info to the PB meeting and vise versa. Members of both boards can ask Mrs. Sears for copies of notices if there is a case for both Boards. It was also noted that all ZBA decisions are required to be on the plans. Both Boards can also read each others minutes. Mr. Dean wanted to make the flow for applicant should be seamless. He also noted what is put (timetables, conditions, etc.) in the ZBA’s Notice of Decision is what the PB must follow. Mrs. Sears noted that she is the go between for the Boards, letting one board know what the other board has done. Mr. Morin gave an explanation of past cases that did not have good communications
between the boards.
It was noted that these Boards are all mostly made of newer members and things are now moving forward with improved communications including this meeting.
Private Roads
Ms. Chauvey noted that building on and subdividing on a private road is very confusing in this Town. She suggested that the PB, ZBA and BOS all get together to form a policy and all get on the same page so it is clearer for residents/applicants. Ms. Bonser suggested that Local Government Center come and do a workshop for all the Boards on Private Roads and all its related issues. Both Boards agreed that would be valuable information. It was noted there are many books on this topic.
Possible suggestions for changes in 2010
Discussion was on what types of cases have been before the ZBA in recent years, including setbacks. They also noted the number of current building permits.
They decided that the only possible change to consider is expanding the 420 square feet for accessory apartments. Mr. Colby noted that soon the building code will say the 420’ is substandard. He will not be able to let someone live in that small of an area. Everyone agreed that the size now does not allow for much especially if the apartment needs to be handicap accessible (barrier free). This issue can be researched and reviewed again when the PB makes suggestions for the 2010 ZO changes.
It was noted that the ZBA sees a lot of requests for reduced setbacks but most members of both boards did not want to change the current setbacks. It was noted that applicants can go before the ZBA for relief.
There was a brief discussion on the concept of the Conservation Overlay district and its setbacks. Ms. Mooney noted RSA 674:21 “Village Plan Alternatives” will be brought up when this issue comes back to the PB for discussion and completion. She noted that some of the details still need to be worked out.
Mr. Morin brought the conversation back to communications between the boards and noted that each ZBA case is considered on a case by case basis. He wanted to make sure applicants get the easiest possible route. He was in agreement that Mr. Colby could be the “gatekeeper” and that had he known that he may have not needed tonight’s meeting.
Mr. Dean again stated that he would like to see any specific conditions such as timing for a ZBA decision put in the motion and the Notice of Decision. Mr. Morin noted that they use a Fact Finding Sheet for why each member voted the way they did on major cases. He noted those are kept in the case file and can be viewed. Mr. Morin noted that he doesn’t believe that any of the ZBA decisions has lost in court to date. Mr. Colby noted that the ZBA file can be brought to the PB meeting. Mrs. Sears noted that she already does that.
Mr. Colby noted that any board member should coordinate with Mrs. Sears if they want to view case files.
MOTION by Ms. Bonser to adjourn.
SECOND by Ms. Mooney
VOTE 7-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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