NOTTINGHAM PLANNING BOARD
November 18 , 2009
PUBLIC SESSION
DRAFT- NOT FINAL UNTIL APPROVED BY THE BOARD
Type of Meeting: Scheduled Meeting
Method of Notification: Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location: Nottingham Municipal Building
PB Members Present: Arthur Stockus; Secretary, Bill Dean; Vice Chair, Peter Gylfphe, Mary Bonser; Selectmen’s Rep., Robert “Buzz” Davies; Alternate Member, Cheryl Smith; Alternate Member
PB Members Absent: Scott Canney; Chair, Susan Mooney, Traci Chauvey; Alt. Member,
Others Present: Lisa Sears; Land Use Clerk, Chris & Gail Mills, Nelson Smith, Jim Hadley; Neighborhood Guardians, Bonnie Winona
Mr. Stockus was asked to Chair the meeting by Mr. Dean, in the absence of Chair Canney.
Mr. Davies was seated for the open seat. Ms. Smith arrived at 7:10pm (Point of Order: Ms. Smith had laryngitis so she can not always be heard on the tape. Cheryl Smith is not related to Nelson Smith.) She was seated for Ms. Mooney. The Board tabled the minutes review until the end of the meeting. Mr. Stockus opened the public hearing:
Case # P09-03- SUB: Nelson E. Smith, Sr. (continued) – 91 McCrillis Road – Map 25 Lot 16-2 – Application for a 2- lot Subdivision (acceptance, compliance review, and final approval)
Ms. Bonser recused herself from the Board because she is an abutter to Mr. Smith. Mr. Smith gave a brief history of the case, noting a recent approval from the ZBA for setbacks to the front and back corner of his existing house. It was also noted that Mr. Smith does have his State subdivision approval (7/1/09).
MOTION by Mr. Gylphe to approve Case P09-03-SUB as written.
There was no second, motion dies.
Mr. Dean stated that he wanted to address some concerns of some abutters of the past. He asked if Mr. Smith still had intention to retire and stop his commercial operation on the property. Mr. Dean also expressed concern for the water flow in the back of the property and for adequate care of the septic system. Mr. Dean also wanted to address the removal of commercial equipment on the property.
Mrs. Sear noted that his first ZBA approval has a condition that upon subdivision approval by the Planning Board, all commercial activity must stop. Mr. Dean read his motion:
MOTION: I move that the two-lot subdivision proposed by Nelson E. Smith, Sr. (Case P09-03-SUB) be APPROVED as presented, subject to the following CONDITIONS, which shall be written on the subdivision plat mylar and recorded as part of the Plan at the Rockingham County Registry of Deeds:
- PREVIOUS EXCEPTIONS AND USE VARIANCES: This subdivision approval shall immediately and permanently revoke and terminate the Special Exception granted by the Nottingham ZBA on 2 December 2003 which allowed commercial/industrial operations on the property, and prohibit future resumption of same.
This approval shall also immediately revoke and permanently terminate any and all existing special exceptions, variances and grandfathered rights pertaining to the subject parcel excepting only the ZBA area variance granted 22 April 2008 and the subsequent dimensional Exception for the residence.
- USES: Both lots shall be used for single-family residential/agricultural purposes only. Neither shall be further subdivided or boundary-adjusted.
The applicant agrees to use and maintain the existing septic system on lot 6-2 to avoid possible pollution of adjacent surface and underground water flows. The applicant also agrees to not make significant changes to the terrain of either lot by excavating, filling, or grading or other means.
No commercial or industrial uses of any kind shall be allowed on either lot or ROW. This condition shall apply to – but not be limited to—the parking, garaging, storing repairs, maintenance, and/or salvaging of commercial, construction or industrial vehicles or equipment at any time.
- REMOVAL OF INDUSTRIAL EQUIPMENT: Prior to signature and recording of this subdivision approval, all commercial and industrial machinery, vehicles, trucks over 12, 00 pounds Gross Vehicle Weight, salvage and junk shall be permanently removed from the entire property, and shall not be returned to said property.
These conditions are an integral part of the above motion, and shall become effective upon its approval.
SECOND the motion for discussion by Mr. Davies
Mr. Dean stated that he had done this for the concerns of the abutters. He noted that it was not his intention to stop Mr. Smith from enjoying his property but the abutters had a history that included issues taken to court and he wanted to address their concerns and spell out the conditions for approval.
Mr. Smith addressed Mr. Stockus stating that he has been cleared by the Town and the State of all past issues and there are no pending issues. He added that there are no abutters present that are stating any concerns, except Mr. Dean, who is an abutter, that is still sitting on the Board. Mr. Smith added that it is an abutter’s right and obligation to be at this meeting and none were present. He again stated that Mr. Dean is the only one with these concerns.
Mr. Davies stated he didn’t believe that it was the Planning Board’s job to rewrite what the ZBA had done. He also stated that he was uncomfortable that voting to approve this without knowing if Mr. Colby had reviewed these plans.
Mrs. Sears stated that she was almost certain Mr. Colby had reviewed this but could not find any documentation in the file. She noted with the recent change of having Mr. Colby reviewing plans that they had not had a formal process to document it. She noted this is a good opportunity to make a more formal process with Mr. Colby so that the file has some sort of documentation in it noting his approval or conditions/concerns.
Mr. Gylphe noted why he could not support this motion. He believes that #1 is already addressed by the ZBA and the other conditions are not the Planning Board’s job to enforce conditions, there where other parts of town government for that and he believes that the PB has no jurisdiction over these conditions. He noted this is for any case, not just his one.
Mr. Dean stated it is not enforcement but structuring an agreement. He believes it is taking issues already discussed and he believes agreed upon and spelling them out so that there is no confusion later on. Mr. Dean noted on other Boards he has sat on that there is a summary made up for things like this. He noted that he was not suggesting that this not get approved.
At this point, Mr. Dean and Mr. Smith started to get a bit heated and discuss past issues, Mr. Smith suggested that he could bring his lawyer to a meeting. And they continued to escalate their discussion until Mr. Stockus intervened.
Mr. Stockus read the ZBA April 22, 2008 motion by Mr. Howard citing the condition of the end of the commercial operation.
Ms. Bonser spoke from the audience as an abutter noting she had no objections to this subdivision. She continued on to state that she believes that Mr. Dean is treating Mr. Smith in a manner that other applicants are not treated and that could open the town to liability issues. She also stated that she believes that the PB had voted no confidence in Mr. Dean’s ability to sit on this case having voted that they believe that Mr. Dean should have recused himself from this case.
Mr. Dean stated that he believes that there is a conflict with Ms. Bonser being a Selectperson and Mr. Smith having done work for the town. Mr. Stockus again had to redirected the conversation.
Ms. Smith agreed that #1 was already handled by the ZBA’s condition approval. She noted that 32 was unfair to a future owner and #3 was to restrictive to Mr. Smith because if the Board were to require that he clean up the property then they would have to require that of all other applicants/properties, she noted that there could be many that need clean up.
Mr. Stockus called for a vote on Mr. Dean’s motion with all of the conditions.
VOTE 1-Aye. 4- Opposed 0- Abstained MOTION DID NOT PASS
MOTION by Mr. Gylfphe to approve Case # P09-03- SUB: Nelson E. Smith, Sr. -91 McCrillis Road – Map 25 Lot 16-2 – Application for a 2- lot Subdivision.
SECOND the motion by Mr. Davies
Mr. Davies stated he would like to amend the motion to be sure that Mr. Colby has reviewed and approved the plans.
Amended MOTION by Mr. Davies to approve pending plan review (subdivision checklist) and approval of Mr. Colby.
Amended Second by Mr. Gylphe
VOTE on the amended motion 4-Aye. 0- Opposed 1- Abstained MOTION PASSED
VOTE on the original motion of approval 4-Aye. 0- Opposed 1- Abstained MOTION PASSED
Mrs. Sears told Mr. Smith she will need a mylar and noted that the mylar will need to be signed by the Board after Mr. Colby’s confirms his review of the plans. Mrs. Sears noted after the Board signs off Mr. Smith will have to pay all recording fees before she can have the plans recorded with the County.
Jim Hadley - petition warrant article for a Zoning Ordinance for 2010
Mr. Hadley introduced himself as a representative and chairman of the Neighborhood Guardians; a group based in Nottingham and made up of citizens from area towns. The group developed during the US Springs case in 2005. He explained that they have submitted a Petition Warrant Article that the Town Clerk has verified. He passed out a handout that explained the Article and the RSA’s involved. He noted that he had attended a workshop given by Local Government Center called “What to do when they stop building?” also attended by a few PB members.
The Planning Board is required by law to hold a public hearing on this Petition Warrant Article. (Point of Order: Mrs. Sears later determined that the first public hearing will be on Jan. 6, 2010).
Mr. Hadley gave quick summary of dates involving the US Springs case. He explained that the Warrant Article is requesting a change to the Town’s Special Exceptions. He noted that they currently do not expire, unless the ZBA puts that condition on them at the time of approval. This warrant if passed would set a two year limit on Special Exceptions that are not acted upon. The Board discussed the proposed article; including if and who it may effect besides US Springs. The full proposed article is available in the Planning/Zoning office during regular business hours.
The Board discussed if and how the PB’s support, if the Board votes to do so, should be written on the ballot. The Board decided to wait on any motion to support or not support this petition warrant article until the public hearing on it
Mr. Hadley also passed out information on a proposed wetlands conservation District ordinance that is similar to the one in Tamworth, NH. He noted that this is all recent information that the Neighborhood Guardians had just learned about. They briefly discussed recent court decisions with that Town and others and possibly getting Nottingham a similar ordinance. He believes this would help protect critical wetlands in Nottingham. He read an October 12, 2001 letter in regards to the wetlands around US Springs site the then Chair or the Nottingham Conservation Commission, Mark West.
The Board discussed the extremely short deadline needed for an ordinance like this to make it onto the 2010 ballot.
Mr. Hadley thanked the Board. It was noted that even though Mr. Hadley is not a resident of Nottingham, Mr. & Mrs. Mills are and Mr. Hadley was representing them and their group who has many Nottingham residents. Bonnie Winona was also present in support of this article. The article was also signed by about 70 Nottingham residents and verified by the Town Clerk.
Review of Previous Minutes
September 16th and 23rd were tabled.
September 30, 2009
Line 24 he should be the
Line 34 delete the e in impute
Line 40 should be 2010 not 2020
Line 58 change appose to oppose
Line 89 delete up
Line 111 delete be
Line 116 change relative to relevant
Line 133 change semicolon to comma
Line 211 delete e in impute
Line 213 delete the
MOTION by Mr. Gylfphe to recess approve the minutes of September 30, 2009.
SECOND by Ms. Smith
VOTE 4-Aye. 0- Opposed 2- Abstained MOTION PASSED
October 7, 2009
Line 28 delete s in repairs
Line 36 change effected to affected
Line 120 add the word well at the end of the sentence.
MOTION by Ms. Smith to recess approve the minutes of September 30, 2009.
SECOND by Mr. Davies
VOTE 4-Aye. 0- Opposed 2- Abstained MOTION PASSED
National Flood Insurance Program community assistance visit-follow up recommendations
Mrs. Sears noted the recommendations for minor Zoning Changes from Chris Northrop, NH OEP office as a result of his meeting with Mr. Colby this past August. Ms. Bonser had questions on these recommendations and wanted to research it further.
MOTION by Ms. Bonser to table this discussion until the December 2, 2009 meeting.
SECOND by Mr.
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Workforce Housing Subcommittee Update
The Board received the final version of the part of the proposed workforce housing multifamily conversions ordinance. Mrs. Smith noted that this ordinance had input from members of the subcommittee with various types of experience, which proved to be very valuable. Mrs. Sears noted the recent minor wording changes just emailed to the Board. The Board members commented on the great job the Subcommittee and Mr. Mette have done; also noting the very short time they have done it in. Ms. Smith noted gave a brief outline of the work completed to date and the items yet to be done by the Subcommittee.
MOTION by Mrs. Bonser to approve the final proposed ordinance completed by the Workforce Housing Sub Committee for Multifamily Conversions as presented.
SECOND by Mr. Gylfphe
It was noted that this too will need to have a public hearing.
VOTE 5-Aye. 0- Opposed 1- Abstained MOTION PASSED
MOTION by Mr. Gylfphe to adjourn
SECOND by Ms. Bonser
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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