Town of Nottingham
Selectmen’s Workshop Minutes
May 21, 2008
8:02 AM Chair Netishen opened the workshop and asked those present to stand for the Pledge of Allegiance.
Members Present: Bill Netishen, Peter Bock, Mary Bonser
Guests: Paul Colby, Building Inspector, Heidi Seaverns, Assessing Coordiantor (arrived @ 8:51 AM)
Others: Traci Chauvey, Recording Secretary
Planning Board Request to Appeal ZBA Case #07-08R
Chair Netishen opened discussion on the request from the Planning Board to appeal the ZBA approval of Case #07-08R. Ms. Bonser recused herself from discussions at 8:04 AM.
Chair Netishen stated that he, Mr. Bock, and Town Administrator Mr. Brown had had the opportunity to consult with Attorney Drescher from the firm of Drescher & Dokmo and the purpose of this workshop was to evaluate the information received and make further decisions on how to move forward. Chair Netishen stated that they are working under time constraints in that the request was received and voted on at the May 12 meeting, as noted on Page 7 of the minutes for that meeting. The appeal, by RSA, must be filed by May 22. He noted that Ms. Bonser was informed of the meeting with outside Council and was requested to attend the workshop to keep abreast of situations before the Board of Selectmen. He further noted for the record that because Attorney Teague is the Town’s Attorney, he would not
be able to represent the parties in this case.
Chair Netishen stated that the Selectmen had not been aware of the proceedings in this case when the request was received on May 12, noting that he had since reviewed the files back to 2007. He gave a brief history. The ZBA had originally denied the application in December of 2007. An appeal was received in January 2008 and subsequently the case was re-heard and the decision reversed. He noted for the record that the hearings were well documented.
Chair Netishen felt the Selectmen should still consider moving forward based on the vote taken at the May 12 meeting. He thought they should ask the ZBA to reconsider and let them make their decision, noting that if the ZBA decided not to rehear the case it would come back to the Selectmen for final decision as to whether or not to proceed further.
Mr. Bock asked Mr. Colby to speak. Mr. Colby stated that ZBA approval does not guarantee the subdivision, noting that the applicant still needs to go through the Planning Board process and apply for building permits. He informed the board that there could be long-term affects to staff/board relations in this type of an appeal, but noted that he does not see a problem with the Selectmen moving forward with the request. He again noted that the ZBA approval does not guarantee the subdivision. Chair Netishen stated that the Selectmen had been fully briefed on the cumbersome processes to come before the Planning Board and Building Inspector in this case. He again stated that the appeal was awkward for the Board, not having realized that the case was denied, appealed, re-heard, and overturned, but
acknowledged the Board of Selectmen’s responsibility to move forward given the motion. He felt that the appeal from the Selectmen may give the ZBA something to consider in the future.
Mr. Bock acknowledged the cost of hiring independent Council for both the Board of Selectmen and the Zoning Board. Chair Netishen noted that he had addressed the situation with Town Administrator Mr. Brown, who had drafted a cover letter to be attached to the Planning Board’s request and forwarded to the ZBA. Mr. Bock read the cover letter for the record. Chair Netishen felt that the ZBA could approach the Planning Board if they required more information.
Motion: Netishen, second Bock to move forward with the cover letter and the request from the Planning Board, with no additional information supplied by the Board of Selectmen.
Vote: By roll call vote Chair Netishen and Mr. Bock were in favor of the motion. Motion passed 2-0.
At 8:20 AM, Chair Netishen invited Ms. Bonser to resume her seat.
Other Outstanding Business
Chair Netishen noted for the record that numerous complaints had been received regarding junk and signage at 188 Raymond Road and that Mr. Colby had issued a letter to the residents. Mr. Colby stated that he had received no written complaints but had gone out and taken pictures from his vehicle on Friday. He presented the pictures to the Selectmen. At Ms. Bonser’s inquiry, Mr. Colby reported that 188 Raymond Road is a 3.6 acre lot. He added that he had looked at this lot approximately two years ago and informed the Selectmen that what could be seen in the pictures is only half the amount of stuff that has been buried. Mr. Bock felt that the large flashing sign at the auto shop on Route 4 was indicative of the value of metal and that the money may be an incentive for the owner to clean
the property. Chair Netishen stated that the sign has drawn attention to the junk that was not previously noticed. He inquired about the process with past junkyard complaints, noting that this should be handled in the same manner. Mr. Colby informed the Selectmen that, as in the past, he has attempted contact with the owner and the owner will be given 30 days to clean it up. He will attempt to work with the owner and if that does not work out then legal action will be taken. Mr. Colby further noted that the sign has been placed in the State’s right-of-way on Route 156. Chair Netishen acknowledging Route 156 as a main road, asked Mr. Colby to stay on top on the situation.
Ms. Bonser inquired about a zoning issue with dogs out on Mitchell Road, stating that she had received an e-mail from Tim Jarvis. Mr. Colby stated that the operation at 113 Mitchell Road is a legal kennel. He further stated that Animal Rescue has done an investigation and there is no abuse or any other issue. He informed Ms. Bonser that a permit has been issued to increase the number of allowed dogs.
Mr. Colby reported that he would be out of the office for a couple days next week. He informed the Selectmen that Seacoast Emergency Management Services is looking at instituting some form of mutual aide and that focus would be on port authority.
Chair Netishen asked if Mr. Colby had received any complaints about tree cutting on the lakes. Mr. Colby reported that the Shoreland Protection Act has been extended to July 1. Chair Netishen inquired about building permits. Mr. Colby has issued 39 building permits this year, noting that permits for houses are up three (3) from last year at this time. Mr. Bock inquired about USA Springs. Mr. Colby reported that he had driven by last week and there was no activity. He further stated that the permit expires on July 24 or 26, noting that he would send a renewal letter in June. He added that the 2008 permit will not be able to be extended. If they go beyond the next expiration, they will need to file a new application and pay all fees accordingly.
Chair Netishen opened discussion on the report from Mr. Krajeski of NE Municipal Consultants and the ensuing meeting. Mr. Bock left at 8:50 AM to ask Ms. Seaverns to join the meeting. They returned at 8:51 AM. Chair Netishen asked Ms. Seaverns if Mr. Krajescki was planning to attend the meeting on May 27. Ms. Seaverns stated that he was and that she had invited the Advisory Assessing Committee as well. There was discussion about how to make the report available to the public. Chair Netishen asked Ms. Seaverns to make copies of the report that would be made available to people at the meeting. Ms. Seaverns stated that she believed there would be good attendance at the meeting. There was some discussion on the length of the meeting. Ms. Seaverns will call Mr. Krajeski to
inquire about how much time his presentation will take.
The Board of Selectmen approved an IT tech support bill for the police department.
Motion: Bonser, second Bock to enter non-public session under RSA 91-A:3 II(a).
Vote: By roll call Mr. Bock, Chair Netishen, and Ms. Bonser voted in favor of the motion. Motion passed 3-0.
The Board entered a non-public session at 9:30 AM. Ms. Chauvey was excused from the meeting.
Motion: Bonser, second Bock to end the non-public session.
Vote: By roll call Mr. Bock, Chair Netishen, and Ms. Bonser voted in favor of the motion. Motion passed 3-0.
The Board concluded their non-public session at 8:43 PM. No action was taken.
Motion: Bonser, second Bock to seal the minutes of the non-public session.
Vote: Motion passed 3-0.
Mr. Bock informed the other Selectmen that Mr. Walsh from the Nottingham Day Committee was looking for support from the Board. The Committee would like to have an open house at the new fire station on Nottingham Day and a parade on Route 152 that morning. They would like support for coverage of the Fire Department during the open house and closure of Route 152 for the parade. Mr. Bock felt this was an extraordinary opportunity, noting that he would speak with Chiefs Vilchock and Foss.
Motion: Bonser, second Bock to adjourn.
Vote: All in favor. Motion passed 3-0.
Having no further business,
Meeting adjourned at 10:07 AM.
Respectfully submitted,
Traci Chauvey
Recording Secretary
Approved as written on June 25, 2008
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