NOTTINGHAM PLANNING BOARD
September 29, 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; Susan Mooney; Peter Gylfphe, Vice Chair; Robert “Buzz” Davies, Alternate Member, Rick Bacon, Secretary; Gary Anderson, Selectmen’s Rep;
PB Members Absent: Scott Canney; Traci Chauvey, Alt. Member, Cheryl Smith, Alt. Member
Others Present: Lisa Sears; Land Use Clerk, Paul Colby, Building Inspector & Code Administrator, Jack Mettee, Mettee Planning Associates
Chair Stockus called the meeting to order at approximately 7:03 pm. Mr. Davies was seated for Mr. Canney.
MOTION by Mr. Anderson to add the 2011 Budget and review/update of a future petition warrant article for a wetlands ordinance.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Review of Minutes
The Board tabled the review of the minutes.
New Zoning Ordinance format- review with Jack Mettee, Mettee Planning Consultants
Mr. Mettee passed out a revised proposed reformat/reorganization of the Zoning Ordinances (ZO). Mr. Mettee and the Board reviewed in great detail. Mr. Mettee noted he had met with Mr. Colby and Mr. Bacon to review their suggestions as well.
Mr. Mettee noted that during the reorganization it was determined that the current ZO has things in it that really should be or are already in the subdivision regulations or site plan review regulations. He also noted that the Building Codes should not be a part of the ZO; it is not the Planning Board’s jurisdiction.
The discussion was on a two step process; if the Board did just a reformatting with no changes/corrections/deletions/additions to the content of the ordinances this year and not have to go to the voters for that, then next year do some of the changes/corrections and clean up that would need to go to the voters. Mr. Mettee stated that he believes that this amount of change should probably have to go before the voters even if the content does not change dramatically the reorganization of where the articles go and minor word changes/ verbiage and such may be required to go before the voters. He added that if you’re going to the voters it may be wise to do some of the minor changes now, like taking out things that don’t belong in the ZO.
During the discussion, it was noted that the current ZO has different sections that have come into effect, at different times and therefore various section have been added over the years in a very sporadic fashion. The purpose of this reorganization is to clarify the context for the residents, municipal boards and employees.
Point of Order: the Board reviewed the recommended format changes from 9/28/10 and the current Zoning Ordinances (ZO) section by section. The working document is available in the Planning Office, during regular business hours.
- Many sections were moved to new sections such as General Provisions, Zoning Districts and District Regulations, or was re-titled for clarity.
- Building Codes section- remove all sections, just leaving wording that references that Nottingham follows the State Building Codes.
- The Board properly labeled the 3 zones throughout the document to match the current maps; Residential Agricultural, Town Center District, Commercial Residential. These names will be consistent in the soon to be revised Subdivision Regulations and eventually the Site Plan Review Regulations.
The Board reviewed Article III Impact Control-Section B. Control of Impact. Mr. Bacon noted that this is a change but a positive one.
MOTION by Mr. Bacon to delete from the current ZO: Article III Section A.3 –Commercial/Industrial Use in Other Zones (page 9).
SECOND by Mr. Gylfphe
Mr. Bacon noted that as written now, this allows for a Special Exception for a Commercial/Industrial Use in Residential areas and he didn’t believe that made good sense.
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
MOTION by Mr. Gylfphe to: Article III Section B Control of Impact, including Appendix A & B.
SECOND by Mr. Bacon
The Board discussed that this is already in the Subdivision Regulations and does not belong in the Zoning Ordinance.
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Discussion on Article III Section C Home Occupation (#1, 3, &4)
The Board wanted to clarify the last sentence in both #3 & 4 that state the requirement for a permit when there is no requirement for a permit. It is a Site Plan Review that is required.
MOTION by Ms. Mooney to remove the word “Permit” and replace with “Site Plan Review” in both Article III Section C Home Occupation #3 Minor Home Occupation and #4 Major Home Occupation.
SECOND by Mr. Davies
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
MOTION by Mr. Anderson in Article III Section D.1 delete reference to the permit fee and correct the RSA reference from RSA 155-E:1 to just RSA 155-E and to clarify the wording from Commercial Soil Stripping to Earth Excavation to match State terminology.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board also moved this Earth Excavation section to the new Article IV. General Provision section.
MOTION by Mr. Gylfphe to move the old Section E. Junk Yards to the new Article IV. General Provisions and add a reference to NH RSA 236:112
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board also approved of moving old sections F. Hazardous Wastes and G. Damaged Structures to the new Article IV. General Provisions.
Old Section H. Sanitary Protection
The Board and Mr. Colby discussed how inaccurate this whole section is and how most of this area is governed by the State. During this discussion, Ms. Mooney made a motion to delete this section that was seconded by Mr. Davies. Discussion continued and both Ms. Mooney and Mr. Davies withdrew the motion and second respectively.
MOTION by Mr. Bacon to remove the current language and move the old section H. Sanitary Protection to the new Article IV. General Provision and just keep the reference the NH RSA 485 and NH DES regulation Env. Wq. 1000.
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Old Section I. Fill and Dredge in Wetlands
Discussion was on wording and reorganization of the new section. The Board noted they are not adding any new sections or requirements just reorganizing for clarity.
MOTION by Mr. Bacon to remove the current language and add RSA 482-A and RSA 483-B reference in the new language and move the old section I. Fill and Dredge in Wetlands to the new Article III Overlay Areas, C. Wetland Conservation Areas.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Mr. Colby asked the Board to reconsider. Discussion was on how to better clarify the language.
MOTION by Mr. Bacon to reconsider the previous motion.
SECOND by Ms. Mooney
VOTE 0-Aye. 6- Opposed 0- Abstained MOTION PASSED
MOTION by Mr. Bacon to move old Section I Fill and Dredge in Wetlands-1. to the new Article III Overlay Areas, C. Wetland Conservation Areas and add the proper RSA references and delete the old 2, 3, 4 language.
SECOND by Mr. Gylfphe
Discussion continued on how best to reference the State requirements.
Mr. Bacon withdrew his MOTION, Mr. Gylfphe withdrew his Second. MOTION Dies.
MOTION by Mr. Anderson to move old Section I Fill and Dredge in Wetlands-1. to the new Article III Overlay Areas, C. Wetland Conservation Areas.
SECOND by Mr. Bacon
VOTE 5-Aye. 1- Opposed 0- Abstained MOTION PASSED
The Board moved old Section J. Signs to the new Article IV. General Provisions-M. Signs
Old Section K. Mobile Home Parks-The Board discussed the proper language and moved to Article IV. General Provisions-N. Manufacture Housing
Old Section Access Roads-The Board discussed the outdated language.
MOTION by Mr. Davies to move old Section L. Access Roads to the new Article IV General Provisions-O. Access Roads
SECOND by Mr. Gylfphe
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Old Section IV. Motor Homes and Travel Trailers- to the new Article IV General Provisions-P. Motor Homes and Travel Trailers.
Old Section V. Outdoor Lighting- to new Article IV General Provisions-Q. Outdoor Lighting-retain current language.
Old Section VI. Dwelling Unit Requirements
There was a lengthy, detail discussion on how to improve this whole section. The Board made wording changes that will be used throughout to be consistent in the naming of the zones/districts. The Board discussed that they will just reorganize this section this year but will make content corrections in the coming years; perhaps with the use of a table for clarity.
Old Section B. Lot Lines and Angles- It was noted that this information belongs in the Subdivision Regulations and is already in them.
MOTION by Mr. Davies to delete Article VI B. Lot Lines and Angles.
SECOND by Mr. Bacon
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Old Section C Dwelling Units to stay keep language and move per Mr. Mettee’s suggestion.
The Board followed Mr. Mettee’s suggestions for the rest of this old section (D, E, G.-I)
Moving them to the proper sections in the reorganization and keeping the current language.
Old Section F. Accessory Apartment- Mr. Colby suggested a change in language to correct the language to match current State laws.
MOTION by Mr. Bacon to accept Mr. Mettee’s and Mr. Colby’s recommendations for Old Section F. Accessory Apartment; to delete “subject to building code”.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Old Section G. Multifamily- Mr. Mettee suggested that this section needs much work but that it can be done at a later date. Mr. Colby suggested removing the term BOCA and replace with ICC. Mr. Mettee noted a lot of this belongs in other documents such as the Subdivision Regulations or the Site Plan Review Regulations.
MOTION by Mr. Bacon to accept Mr. Mettee’s suggestions (#4 and 5) and Mr. Colby’s reference suggestion.
Mr. Davies noted that this is a major change to the ordinance; by referencing requirements in each Area/District as one of Mr. Mettee’s suggestions. Discussion continued about how many other sections are affected by changes to this section.
No Second. MOTION Dies.
MOTION by Mr. Gylfphe to move G. Multifamily to the New Article IV General Provisions with no changes to language.
SECOND by Ms. Mooney
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Old Section H. Cluster- Discussion was to delete this section as it was replaced last year by the Open Space Development Ordinance.
MOTION by Mr. Gylfphe to delete H. Cluster
SECOND by Mr. Bacon
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Old Section I. Back Lot Subdivisions- During this section Mr. Mettee and the Board discussed proper zoning and uses by district. It was noted that this section too needs a lot of attention at a later date.
MOTION by Mr. Davies to move the old section I. Back Lot Subdivisions to new Article IV General Provisions Section. Mr. Davies withdrew his motion.
Point of Order: The Board did intend to move this section to the New General Provisions section but didn’t believe a motion was necessary.
MOTION by Ms. Mooney to delete sections A (except #5). B. and C. from old section VII Building Permits and keep section D and move to new section Article IV. General Provisions.
SECOND by Mr. Bacon
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
The following old sections were moved to a new Article III. Overlay Areas:
VII. Aquifer Conservation District, IX. Wetland Conservation Area, X. Flood Hazard Areas
Old Section XI. Board of Adjustment was moved to new Article V. Administration and Enforcement
Old Section XII Nonconformance was moved to new Article IV. General Provisions.
MOTION by Ms. Mooney to delete old Section XIII. Site Plan Review Authority.
SECOND by Mr. Anderson
VOTE 5-Aye. 0- Opposed 0- Abstained MOTION PASSED
Point of Order: Mr. Bacon was out of the room when vote was taken but returned shortly after.
MOTION by Ms. Mooney to change the reference of Board of Selectmen to Code Administrator in old Section XIV Enforcement A. Authority and move to new Article V. Administration and Enforcement.
SECOND by Mr. Anderson
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Old Section XV. Definitions moved to new Article VI Definitions. old Section XVI. Residential Development Timing & Phasing to new Article IV. General Provisions.
The Board will meet again with Mr. Mettee on Thursday, October 21, 2010 for a workshop to review a new revised document. Mr. Bacon noted that their working document for the reorganized Subdivision Regulations will not have completed Section numbers but will be ready for next week’s meeting. The Board briefly discussed how best to present these changes to the voters. The Board thanked Mr. Mettee.
2011 Budget
The Board reviewed the spread sheet prepared by Chair Stockus that compared expenses from 2008, 2009 and current spending and Revenue. The Board discussed the amount of money committed to the Planner for the rest of this year and next. They also estimated that the remainder in the Planner line and the Impact Fee Study line will have to be encumbered at the end of the year. They also discussed having enough in the line for Secretary to allow for the projected increase in work/applications coming into the office. They also briefly discussed the ongoing projects and to do list and how it relates to the 2011 budget. Mrs. Sears noted that Ms. Chauvey had also requested consideration for the cost of more methodologies in 2011 for the Police Department and the Highway Department for possible Impact Fees in 2012 if needed. Mrs.
Sears will submit the revised budget to Mr. Brown before the October 1st deadline.
MOTION by Ms. Mooney to approve of the 2011 Planning Board Budget of $39,915.00.
SECOND by Mr. Gylfphe
VOTE 6-Aye. 0- Opposed 0- Abstained MOTION PASSED
Future Petition Warrant Article for a Wetlands Ordinance
Due to the late hour, the Board tabled this topic.
MOTION by Mr. Gylfphe to adjourn at 10:44pm
SECOND by Ms. Chauvey
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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