NOTTINGHAM PLANNING BOARD
April 7, 2010
PUBLIC SESSION
Approved & Amended
Type of Meeting: Regularly scheduled meeting
Method of Notification: Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location: Nottingham Municipal Building
PB Members Present: Arthur Stockus, Chair; Bill Dean, Vice Chair; Scott Canney; Gary Anderson, Selectmen’s Rep; Rick Bacon, Secretary; Peter Gylfphe, Alt. Member; Cheryl Smith, Alt. Member
PB Members Absent: Jeff Quinn; Susan Mooney; Traci Chauvey, Alt. Member; Lisa Sears, Land Use Clerk
Others Present: Robert “Buzz” Davies, Alternate Member (not seated); Paul Colby, Building Inspector & Code Administrator; James Crowell
Chair Stockus called the meeting to order at approximately 7:14 pm. Ms. Smith was seated for Ms. Mooney. Mr. Gylfphe was seated for Mr. Quinn. Mr. Bacon, Secretary took notes of the meeting in Mrs. Sears absence for her to transcribe later, along with the audio tapes.
Review of Minutes
The Board tabled the review of the minutes until after the public hearing. Mr. Stockus opened the public hearing for:
Case # P10-01- LLA: (continued) Lot Line Adjustment Application - design review, acceptance and final approval from James & Lynn Crowell/Back Cove Revocable Trust for a lot line adjustment between Lots 52/ 53 on Nottingham Tax Map 71. The subject property is owned by applicants is located on 7 & 9 Lookout Point Lane.
Mr. Crowell presented the Board with the items they had requested from the last meeting. He presented the plans with the septic system and well on his property (Lot 53) and the proposed well on the adjacent property (Lot 52). It was noted that if Lot 52 is developed it would have to go through the Shoreland Protection Permit Process.
Mr. Gylfphe noted that there were no monuments on the plan for the proposed lot line. The Board agreed that they would need to put those monuments in and note them on the plan. It was noted again that the shed on his property, would have to move, if approved.
MOTION by Ms. Smith to close the public hearing for case P10-01-LLA
SECOND by Mr. Gylfphe
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
MOTION by Mr. Canney to approve the lot line adjustment for P10-01-LLA with the condition of monuments (granite or rebar) be set at the new lot line and noted on the plans. (At the Front, by Lookout Lane where the angle turns and in the rear, at the waterfront)
SECOND by Mr. Dean
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
Chair Stockus requested that Mr. Crowell have the monuments set, plans adjusted and the mylar printed out. Mrs. Sears will then contact the Board members to sign the mylar so she can record it. Mr. Crowell thanked the Board.
Review of Minutes
March 24, 2010
Line 144 & 145 put quotes on in collaboration with
Line 168 add salary after for
Line 171 insert prior before arrangement, insert needed after had
Line 176 change gave to notified
Line 177 from amble to ample
Line 183 months to month’s
Line 209 minute to minutes
Line 217 minutes to Bylaws
Line 218 add Meeting after 31st
Line 234-235 insert the after review, delete everything after of, replace with importance
MOTION by Mr. Anderson to approve the minutes of March 24, 2010 as amended.
SECOND by Mr. Canney
VOTE 4-Aye. 0- Opposed 3- Abstained MOTION PASSED
March 31, 2010
Line 39 delete s on Howards
Line 44 change They to The Board
Line 45 delete that
Line 47 change The Howards: to For the Howard Subdivision:
Line 47-51 change format to semicolons and lower case after commas
Line 51 change or to and
Line 53 use lower case on Both Subdivisions
Line 56 change on to of
Line 60 Change 2010 to 2009
Line 63 delete of
Line 65 change The Giles: to For the Giles Subdivision:
Line 65-71 change format to semicolons and lower case after commas
Line 65 remove from
Line 66 change our to the town’s
Line 71 change radius’s to radii, delete the, add s on line
Line 72 change to to with, laws to law
Line 85 Howards to Howard
Line 93 delete on it. Change to: which did not cross as much wetland and would have direct access to the property that the Town already owns.
Line 95 change spot to location
Line 99 delete the, be after marks and insert the before construction
MOTION by Mr. Canney to approve the minutes of March 31, 2010 as amended.
SECOND by Ms. Smith
VOTE 5-Aye. 0- Opposed 2- Abstained MOTION PASSED
Second review of the Planning Board’s Bylaws
Chair Stockus stated he had asked Charles Brown, Town Administrator for input in the role & duties and employment status of the Land Use Clerk. Chair Stockus read a letter from Charles Brown, Town Administrator in regards to the Land Use Clerk. It stated that the Town Administrator, with approval of the Board of Selectmen, hires the Land Use Clerk and the Clerk is subject to the same general supervision as all other Town employees. Mr. Brown’s letter also noted that he believes that it was good that the Planning Board wished to keep their bylaws updated but he felt that they could be reaching outside their function as a Planning Board and into the Employee Policy function.
Chair Stockus noted this was in reference to the proposed Article 6 Section 8. Mr. Canney stated that he agreed with Mr. Brown, noting it would be difficult to vote on things like time off if the Board only meets every two weeks. The Board read the proposed new section again. Mr. Canney stated he didn’t believe that the Board should dictate the Land Use Clerks hours or day to day operations. Ms. Smith agreed and added that Mrs. Sears had sent an email well in advance of the proposed hours change. Mr. Canny stated that Mrs. Sears always gives plenty of advance notice when she needs time off.
Mr. Colby added that Mrs. Sears does come in to the office on non posted hours to get work done. Mr. Gylfphe agreed and noted that since he has been on the Board he finds that true with most people in the Land Use Clerk position.
Mr. Dean stated he believes the proposed change to the bylaws was that the Board has the right to expect the respect and to be consulted before any schedule change goes through. Mr. Canney stated that she did consult the Board with email and at a meeting. Chair Stockus and Mr. Gylfphe agreed with Mr. Canney.
Mr. Dean stated that he believes that the Board is being taken advantage of by Mrs. Sears.
He pointed to 2 proposed dates on a yet to be reviewed meeting schedule that Mrs. Sears has listed herself as not being able to attend in July and August. Chair Stockus stated that he believes that is sufficient notice. Chair Stockus also had concerns about including something in the Bylaws that could not be enforced or was in opposition to established practice.
The Board continued to review other changes already made to the Bylaws. Mr. Colby read a suggested word change from Mr. Brown to Article VI Section 7; record to transcribe.
MOTION by Ms. Smith to change Article VI Section 7 from “record” to “transcribe”
SECOND by Mr. Canney
VOTE 7 Aye. 0- Opposed 0 Abstained MOTION PASSED
Mr. Dean suggested a change to Article VI, Section I, noting that the Board spent 20 minutes correcting the March 31st minutes. He proposed adding the following to the end of that section:
MOTION by Mr. Dean to add at the end of Article VI, Section I :The Clerk shall work to ensure accuracy of communication and support legally responsible conduct of the Planning Board by utilizing computer spell check, proof reading of drafts, and other available aids and training in the preparation of reports, records and correspondence per section one through seven of this article.
Mr. Gylfphe suggested that the Board review the related RSAs (NH RSA 91-A:2 & A:4). He also noted that he could not recall in 15 years on the Board a time, other than approvals that the Board needed to go back to review minutes. He read from the Statues and noted that the minutes are not to be verbatim; they are just to record what happens at the meeting, what motions are made and the gist of the conversation. He stated that the punctuation and grammar that the Board spends much time on is not necessary by law. He noted that when there are many cases on the agenda there are much more important things to spend the Board’s time on.
Mr. Dean stated that gives justification to being a little bit careless and slipshod on what we have as records which could have legal bearing on things being done correctly or incorrectly. He added that he was referring to accurate statements, punctuation and spelling. He believes spell check is not being used. Mr. Canney stated that he believes Mrs. Sears uses spell check. Ms. Smith noted that spell check is not going to pick up things like s on Howards, she also added that some of the changes she didn’t believe it was Mrs. Sears place to do, it was for the Board to decide how it wanted a particular thing worded. She added that she believes spell check is used and that the minutes are better than some she had seen in previous years. She believes it is the Boards responsibility to review the minutes before the
meeting when Mrs. Sears sends them out.
Mr. Dean stated that he had a problem with careless recording of documents that could impact others and legal liability of this Board. Mr. Canney stated they do proof them and Ms. Mooney reviews them in great detail having been a teacher. Chair Stockus called for the second to the motion. Mr. Bacon raised the issue of enforcing this may be under the jurisdiction of Mr. Brown. Chair Stockus stated he believes it did fall under the Planning Board. Mr. Dean withdrew his motion and made a new motion.
MOTION by Mr. Dean to read under the same article: The Board shall advise the Clerk that we have an expectation of the use of spell check and proofreading of documents in order to ensure accuracy of communication as expressed in Article VI, Section 1-7 of the Bylaws.
SECOND by Mr. Anderson
VOTE 3-Aye. 4- Opposed 0- Abstained MOTION DIES
MOTION by Mr. Canney to change Article VI, Section 1 to change Planning Board (on the first line) to Town.
SECOND by Mr. Gylfphe
VOTE 6-Aye 0- Opposed 1- Abstained MOTION PASSED
The Board revisited Article VI, Section 8, previously proposed and discussed. Mr. Anderson made a motion that is inaudible and not in the notes. He later withdrew his motion.
MOTION by Mr. Canney to strike Article VI, Section 8
SECOND by Mr. Gylfphe
VOTE 6-Aye 1- Opposed 0- Abstained MOTION PASSED
The Board discussed Article VII, Section 1 and 2.
MOTION by Mr. Canney to accept the amended Planning Board Bylaws & Rules
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 1- Abstained MOTION PASSED
The Board will review again at the April 21, 2010. Mrs. Sears will make the changes and the Board can sign the new Bylaws that night, if no more changes are made.
Mrs. Sears will resend the1997 Rules of Procedure for the Boards review. They tabled the review of the Capital Improvement Plan update.
New Business
The Board reviewed the memo from Heidi Seaverns dated April 7, 2010. It was noted that the Board will need to have Mrs. Sears send the owner of Concrete Products (Map 11 Lot 3) a notice that their excavation permit has expired and that they need to submit a new application for a permit and hearing according to RSAs or begin the reclamation process. The Board discussed and will give the owner 30 days to respond to the letter.
MOTION by Mr. Canney to send the owner a letter to ask if their intention in regards to this gravel pit (TM 11 L3): reapply for a new permit or start the reclamation process.
SECOND by Mr. Gylfphe
VOTE 6-Aye. 0- Opposed 1- Abstained MOTION PASSED
To-Do List
The Board discussed in great length what they could do on the list and when. They also discussed having others help with this in the form of new subcommittees (master plan) and asking the old workforce housing committee to come back together to continue their work. They would also like an update from the impact fee study subcommittee and Bruce Mayberry.
The Board agreed to let the Selectmen decide on the need for a Heavy Trucking Ordinance or Big Box Store Ordinance. It was noted that there were very limited sites in Nottingham that could hold a Big Box Store. Mr. Davies noted there were 3-4 things the Board could do this year given the limited time left before any new ordinance would have to go before the attorney and get ready for Town vote. The Board discussed the amount of time available to work. They also discussed how much Mr. Mettee (planning consultant) could be involved. The Board will ask Mrs. Sears to have Mr. Mettee give estimates on costs four items on the To-do list. They noted that the Conservation Commission is well underway with the digitized maps.
Mr. Colby discussed that the State has RSA 674:63 for small wind energy ordinance guidelines and it wasn’t necessary for the Board to work on this. The Board discussed and agreed that this item did not need to be on their To-Do list.
The Board briefly discussed how the petition warrant article for the proposed wetland ordinance does not fit Nottingham specifically. It will need a lot of changes to fit Nottingham. They briefly touched on the need for storm water management and updating the floodplain information. They noted the Official Zoning Map should wait until these other projects are completed
MOTION by Ms. Smith to get estimates cost and time from Jack Mettee on: finishing the review of Sub Regulations, Finish work on Workforce Housing, Subdivision Regulations for the Open Space Development, updating the Master Plan and cleaning up the Zoning Ordinances. The estimate should include working with the subcommittees.
SECOND by Mr. Anderson
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
MOTION by Mr. Canney to have Mrs. Sears to advertise/recruit for a subcommittee to update the Master Plan
SECOND by Ms. Smith
VOTE 7-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board noted that they can work on the Site Plan Review and Lot Line Adjustment Regulations themselves. Mr. Colby will work on keeping the Board updated on any changes to land use laws. Chair Stockus also acknowledged an email from Ms. Mooney offering to submit an article to the Town newsletter on behalf of the Board thanking them for the support of the workforce housing articles and welcoming new members, and seeking members for subcommittees. The Board agreed.
The Board decided to meet again on April 21, 2010 because a lot of members were unavailable next week. Mr. Bacon informed the Board he will not be at the April 21, 2010 meeting. Ms. Mooney has said she will not be available then as well. The Board also needs to allow Mr. Mettee time to prepare his estimates.
The Board would like Mrs. Sears to ask the members of the old Workforce Housing Committee to continue their work.
MOTION by Ms. Smith to adjourn at approximately 9:15pm.
SECOND by Mr. Anderson
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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