NOTTINGHAM PLANNING BOARD
September 30, 2009
PUBLIC SESSION
Approved & Amended
Type of Meeting: Workshop
Method of Notification: Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location: Nottingham Municipal Building
PB Members Present: Bill Dean; Vice Chair, Susan Mooney, Peter Gylfphe, Traci Chauvey; Alt. Member, Robert “Buzz” Davies; Alternate Member
PB Members Absent: Scott Canney; Chair, Arthur Stockus; Secretary, Mary Bonser; Selectmen’s Rep., Cheryl Smith; Alternate Member
Others Present: Lisa Sears; Land Use Clerk, Jack Mette; Mette Planning Services, Frank J. Catapano; Berry Road Realty Trust
Mr. Dean called the meeting to order at approximately 7:15 pm. Mr. Davies was seated for the open seat. Ms. Chauvey was seated for Mr. Stockus. The Board tabled the review of previous minutes
Workforce Housing (NH RSA 674:58-61) –Multi-family
Mr. Mette reviewed a handout that the Board was given in advance that gave four possible options to address the workforce housing in regards to multi-family housing:
- Accessory apartments/dwellings, 2. Multi-family Conversions 3. Multifamily-District 4. Village District
Mr. Mette started to review each option but then also added an overview of the whole NH RSA. The discussion went from this specific part of this new law (Multi-family) to a more general overview and questions on this law and how it may work in Nottingham as well as when this ordinance is going to be needed.
The Board went into details of possible lot sizes and costs. During the discussion Mr. Catapano gave his input about his experience as a developer with workforce housing in other towns in NH. It was also noted that in this new law the developer has an expedited appeal process should they be denied. Mr. Catapano agreed the Town needs to do this but noted it was a lot of work.
Mr. Dean noted his disagreements with the law and how it was worded. It was noted that the law comes into effect on January 1, 2010. It was also noted that this is not “low income housing” or what Massachusetts refers to as “Section 8”. Ms. Chauvey asked Mr. Mette what the Board could do in three months to be as prepared as they can for this come January 1st. Mr. Mette explained that they must look at the options and decide which ones they could deal with step by step. He noted that the multi-family portion was the easiest one to deal with right away. He noted that the state law defines multi-family has 5 units and Nottingham has it as 4. He suggested they could define a place, like a section on Route 4 that could meet this new state law requirement but allowing 5 unit multi-family
or more; possibly up to 8 units (what ever the Board decides). He discussed the existing multi-family ordinance and how it doesn’t work. He suggested changing it to meet this new law.
Ms. Mooney asked if there was a % or goal that has to be workforce housing in the Town per this new law. Mr. Mette explained that the Town only needs to provide “reasonable and realistic opportunity” and for multi-family part you need to only provide a district but for the owner occupied (single family) you must provide an opportunity in about half your community.
Mr. Mette suggested that changing the multi-family ordinance to fit the new law may be a good way to get this on the books in the short amount of time the Board has; as oppose to trying to get a whole new ordinance (open space/conservation/cluster type) and inclusionary zoning that may go with it in this very short amount of time. Mrs. Sears agreed and noted that she believes that is what the Board had agreed to do after the last time Mr. Mette had come in. Discussion turned to “lot size by soil type” and where apartments/multi-family units would best fit (possibly 2 bdrm/5 unit buildings).
Ms. Chauvey was concerned that there was not going to be a great demand for multi-family housing come January but perhaps there could be a demand for a cluster type subdivision and the Board would not have any options. Mrs. Sears had a concern that there may not be time to complete this. It was noted that some people believe once a notice is posted for a new ordinance, for the public hearing then it goes into effect.
Mr. Catapano noted it is currently cheaper to purchase apartments than to build new ones. He stated that the previous cluster ordinance in town had worked well. Ms. Chauvey agreed that it all needs to be done and should take priority of the work that the PB needs to get done. She again stated her concern for a developer coming in with very small lots in a subdivision proposal at the first of the year. Mr. Gylfphe stated that they still will be required to be able to support septic systems on these proposed small lots and he believes with the types of soils in Nottingham that most of the time the lot would have to be close to an acre anyway.
Mr. Davies noted his concerns in regards to developers may be allowed to dictate what they want instead of the Board telling developers what the Town wants. He also questioned the need for multi-family housing in Nottingham. Mrs. Sears noted the short amount of time needed to accomplish anything before the lawyers need to review it in early December.
Mrs. Chauvey stated that she believes that PB has a lot of work to do and should be meeting more than once per week to get it done. Mrs. Chauvey noted that members have run for these positions and should put in the effort to carry out these positions.
Mr. Dean suggested putting a general set of standards up to vote for January. Mr. Mette noted that these regulations can be accomplished without creating housing that stands out and isn’t so different from regular housing. They briefly discussed income guidelines and market conditions and how developers know what will sell. Mr. Mette noted that most of the time there will be a small number of workforce housing homes mixed in with standard developments.
Mrs. Chauvey asked what can be done before January. Mr. Dean also raised the question of a resident with a substandard lot wanting to put a home on it. Mr. Mette noted that the law has many details to it that a person must show that it is a workforce housing home and they must also show that it is a component that they must guarantee it stays as a workforce housing home. He noted that this law is complex (many components) and can’t be dealt with in a simple manner. Mrs. Sears stated that is why she believes it is unrealistic to try to get this all done in time to meet early December deadlines for the March vote.
Ms. Chauvey stated she believes that there needs to be the Open space/cluster development in place before this workforce housing so that the open space ordinance can have a workforce housing component in it. Mr. Gylfphe suggested that they adjust the old cluster development to include “lot size by soil type”. Ms. Chauvey suggested Mr. Mette review both the old cluster and the one the Board worked on all last year (open space/conservation) and see what his recommendation is between the two. Mr. Mette agreed he could do that but noted that the Board must be unified in what it decides to work on and undertake. Board members discussed different areas around town that may be being developed very soon. Mr. Davies asked Mr. Mette his advice.
Mr. Mette stated that the Board needs to make a decision on what it thinks it can accomplish and what goal it would like to achieve by March 2010 and March 2011. He noted that if you want to do something relativant and sophisticated in a short time that it will be difficult. He related his experience with the Town of Deerfield which is in a similar situation, and how it didn’t work because it was difficult to explain all the details to the residents. He also noted that there was a separate committee for this that met weekly, and reported back to their Planning Board. He cautioned the Board on what they wanted to achieve in a short time. He noted they would have to overcome the negative ideas of a cluster development and also sell the added concept of workforce housing to the voters in such a short time, as well.
Mrs. Sears also noted that the possibility of also asking the voters to vote for the impact fee as well. She suggested public hearings to explain this if the Board would like to move forward with this.
Ms. Chauvey noted that this is not starting from scratch, this has been in the works for 2 years. Mr. Mette asked if it would be better to first do the open space/conservation project then do the workforce housing due to the negative feelings among residents. Ms. Chauvey noted that they are trying to meet the new laws. Mr. Mette noted that in Deerfield the voters were told the same thing but it didn’t matter. He noted that from his experience incremental change is what seems to work best. He noted that doing everything in one year is impossible and the Board needs to decide what they want to do, which is the most politically palatable.
Mr. Davies noted when Mr. Mette was here before he recommends doing the multi-family part of workforce housing then get to the open space project. He note that open space in two steps get it done then add the workforce component to it. He again reviewed what Deerfield had done and noted that if people don’t understand they will not vote positively for it. Mrs. Sears asked the Board what they would like to do. Mr. Gylfphe noted to the simplest thing to get done would be the multi-family district on Rte 4; tying to “lot size soils by type”. He also noted that there is no public transportation. The Board continued their discussion about possible development areas and planning concepts with Mr. Mette and Mr. Catapano.
Mr. Davies asked if the Board was trying to get too much done in a short time. It was noted it would depend on the amount of time members were willing to put in. Mr. Dean also pointed to the new waiver law as a means to work with developer. Mr. Mette noted that the part of the new law make the town show how workforce housing is going to stay workforce housing; usually with a third party oversight like conservation easement is done. Mr. Catapano noted it is put in the deed and buyers are are aware of these special conditions.
Ms. Chauvey suggested a subcommittee be formed to do this work and work with Mr. Mette. Mr. Mette stated it was good to have Mr. Catapano’s input tonight.
MOTION by Mr. Gylfphe to work on a cluster type subdivision ordinance that is related to the conservation district; including a review of the old cluster ordinance and look at basing lot sizes on soil types (ability of land to support the buildings on it). Also to put in a Multi-Family district on Rte 4. Trying to achieve all of these items for the March 2010 ballot.
SECOND by Ms. Mooney
Mrs. Sears explained the Board’s full meeting schedule.
VOTE 4-Aye. 1- Opposed 0- Abstained MOTION PASSED
Ms. Chauvey stated she was opposed to the motion because of the amount of information in the motion. She felt whoever is looking at these items need to decide the details. Mr. Gylfphe noted that it was based on his 14 year experience on the Board.
MOTION by Ms. Chauvey that a subcommittee is appointed to do this work. The subcommittee will have no more than 5 members.
SECOND by Ms. Mooney
They discussed who could sit on the committee and which boards should be represented. Mr. Mette suggested a realtor and a lawyer may be helpful. It was later determined that Ms. Mooney will be the representative from the Planning Board.
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mrs. Chauvey noted she was no longer opposed to Mr. Gylfphe’s motion earlier.
Mr. Mette asked if the Board had a direction for him to help this committee to get formed right away and get started. The Board stated they need to review their budget and get back to him. Mrs. Sears will let Mr. Mette know what the Board to do. The Board thanked Mr. Mette.
Berry Road Realty Trust-Update on Roads in Dunbarton Estates
Mrs. Sears explained that there is a letter of credit on the roads that is expiring in October for this development. She explained that Mr. Catapano asked to be here. He explained that Anna Lisa Way and O’Brien Way have been conditionally excepted by the Town and are completed. Mrs. Sears noted the report from Ray Wenninger last report dated 8/4/09 for a site visit on 7/16/09. It was noted that the report had minor issues left to be completed. Mr. Catapano noted he believes he can resolve all of these issues before the bond expire. Ms. Chauvey had concerns that the bond doesn’t expire before he can complete the work. Mr. Catapano noted that it costs him $7,000 to renew it and he didn’t want to have to renew the bond for such a short period of time (he would if he needed to) so he was highly motivated to
complete these outstanding issues. Mr. Catapano will contact Mrs. Sears when it is time for Mr. Wenninger to go out and review the roads. Mrs. Sears will contact the Road Agent as well. Mr. Catapano stated he would renew the Letter of Credit if for any reason Mr. Wenninger did not approve it in time. He also noted that if the Letter of Credit was pulled by the Town that would damage his reputation and he would rather put up cash than to let that happen. He noted that the report has only about $1,000 worth of changes needed and that he had an excellent reputation for quality work. Ms. Chauvey agreed that he did have an excellent reputation but she had to treat all developers equally.
MOTION by Ms. Chauvey to release the TD Banknorth Letter of Credit/Bond #83800600-05-LC for Anna Lisa Way and O’Brien Way, in the amount of $61,415.00 that was to expire on October 21, 2009 if approved by the town engineer (including the conditions met in his report dated August 4, 2009), from RCCD, Ray Wenninger prior to October 15, 2009.
SECOND by Mr. Davies
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board thanks Mr. Catapano for his input earlier tonight. They continued to discuss the cluster development concept. Mrs. Sears briefly left he meeting to provide Mr. Catapano with a copy of the report from Mr. Wenninger.
The Board tabled the review of the minutes. They briefly discussed who would sit on the new subcommittee. Ms. Chauvey asked Mr. Catapano for his thoughts on the open space ordinance. He said more lots, less infrastructure that will work. He did note if lot sizes get too small they become less desirable. He also noted they could have bonuses for workforce housing and two bedrooms are a tough sell. He thanked the Board. Mrs. Sears will send out an email looking to fill the seats on the new sub committee.
MOTION by Mr. Gylfphe to adjourn
SECOND by Mr. Davies
VOTE 5-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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