NOTTINGHAM PLANNING BOARD
January 26, 2011
PUBLIC SESSION
Approved & Amended
Type of Meeting: Second of two scheduled public hearings.
Method of Notification: Posted at the Nottingham Municipal Building & Nottingham Post Office
Meeting Location: Nottingham Municipal Building
PB Members Present: Arthur Stockus, Chair; Peter Gylfphe, Vice Chair; Susan Mooney, Traci Chauvey, Alt. Member,
PB Members Absent: Gary Anderson, Selectmen’s Rep, Rick Bacon, Secretary; Robert “Buzz” Davies, Alternate Member, Scott Canney, Cheryl Smith, Alt. Member,
Others Present: Lisa Sears, Land Use Clerk, Jack Mettee; Mettee Planning Consultants, Andrew Martin,
Chair Stockus called the meeting to order at approximately 7:25 pm. Ms. Chauvey was seated for Mr. Canney.
Public Meetings/Hearings
Chair Stockus read the legal notice for the public hearing on the proposed Impact Fee Ordinance. Ms. Chauvey gave an overview and a history of the project. She noted that the subcommittee had worked for almost 2 years, with a consultant, Bruce Mayberry and the end result is the proposed ordinance.
She also reviewed the two changes that were the result of the first public hearing: changing the word may to shall under the Accessory Apartments Waiver sections and changing not more than to at least every in the Review and Change in Assessment Schedules section.
Ms. Chauvey again noted what would and would not be assessed impact fees if passed. Chair Stockus read an older memo from Mr. Colby which explained one of three scenarios on how much the Town would have collected in 2010 (19 permits issued) if this ordinance were in effect (approximately). Discussion continued on each fee schedule and approximately how much each would have been collected. Ms. Chauvey noted the approximate amounts but also noted that if the ordinance passed the fee schedules would have their own public hearings. The estimated 2010 figures would have been:
A per unit fee would generate approximately $76,000 (for school and fire)
A per number of bedrooms fee would be approximately $80,000 (for school only)
A per Square foot fee would be approximately $33,100 (for school and fire)
MOTION by Ms. Chauvey to close the public hearing on the proposed impact fee ordinance.
SECOND by Ms. Mooney
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED
Chair Stockus read the legal notice for the proposed reformatted Zoning Ordinances. He noted that this meeting was the second public hearing for this. Mr. Mettee gave a brief summary of how this project came to be.
Mr. Mettee noted that while working with other Nottingham committees and their projects it came to the attention of everyone involved that the existing ZO was difficult to understand and use. He noted that last year the voters approved in the Planning Board budget the cost to reorganize and clean up them the ZO and make more user friendly and the result is this new document. He noted that they changed references to proper State laws, corrected State Agency names, removed things that were no longer relevant or confusing. He noted that they also made the sections more logical and that the regulations are still there but just moved or renamed.
Chair Stockus noted the four suggested changes from the Town Counsel that needed immediate attention but noted other suggestions would be taken up at a later date. Again the suggested changes were ones that were duplicate, deleted due to not complying with, or were in conflict with State law. The land use attorney also suggested a definition of a variance that best matches the updated State’s law on this matter.
Chair Stockus called for public input or additional comments from the Board. There was none.
MOTION by Ms. Mooney to close the public hearing on the proposed reformatted Zoning Ordiance
SECOND by Mr. Gylfphe
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED
The Board thanked Mr. Mettee for his efforts.
Conceptual Review
The Board agreed to hear Andrew Martin of 46 Barderry Lane to discuss a possible lot line adjustment (LLA). He showed the Board a sketch of the proposed affected properties including his property and a portion of adjacent land owned by John and David Fernald. Mr. Martin explained the reason for the LLA. He would like the additional land to move the septic system farther away from the water and better route the driveway away from the sloped area close to the water. The current driveway is within 50’ of the water. He read the definition of a LLA in the subdivision regulations. After some discussion including dimensions, Mr. Martin also provided background information on what a LLA according to the Local Government Center (LGC). After much discussion, the Board agreed that this case would be a LLA. Mr. Martin
thanked the Board.
Correspondence/Other Business
Concrete Products of Londonderry
Chair Stockus read the letter dated January 14, 2011 from Gregory Stratis stating that they would like to withdraw their application as they no longer plan on removing any material from the land on Smoke Street (Map 11 Lot 3). Mrs. Sears noted that the applicant had been approved with conditions but the conditions were never met.
MOTION by Mr. Gylfphe to rescind the previous conditional approval for earth excavation for Concrete Products of Londonderry based on the letter from Concrete Products of Londonderry’s request to withdraw (1/14/11) and to refer the matter of reclamation proceedings to Code Administrator, Paul Colby.
SECOND by Ms. Mooney
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED
Billing Issue
Chair Stockus noted that the Howard’s bill is still outstanding and has been since August.
MOTION by Ms. Chauvey to refer the Howard’s outstanding bill matter to the Selectmen for resolution.
SECOND by Mr. Gylfphe
VOTE 4-Aye. 0- Opposed 0- Abstained MOTION PASSED
Right of Way/Courtesy Copy
Mrs. Sears informed the Board of a recent memo and set of plans sent to the Board with a Right of Way/Easement Plan for the referenced Tax Map 37 Lot 12 per RSA 676:18. The Board noted that no action was required by them, at this time.
Letter of Credit
Mrs. Sears noted that with the assistance of Ms. Chauvey, that proceedings to call the letter of credit in for Gerrior Drive had begun and Mr. Brown was aware of it.
Approval of Minutes
January 19, 2011
Line 18 insert stated after Stockus
Line 70 & 147 change Gylphe to Gylfphe
Line 78 change to from to suggested during
Line 79 change changes to ordinances
Line 142 change Count to County
MOTION by Ms. Mooney to approve the amended minutes for January 19, 2011.
SECOND by Mr. Gylfphe
VOTE 3-Aye. 0- Opposed 1- Abstained MOTION PASSED
MOTION by Mr. Gylfphe to adjourn at 8:10pm
SECOND by Ms. Chauvey
VOTE 4-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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