NOTTINGHAM ZONING BOARD OF ADJUSTMENT
April 21, 2009
PUBLIC SESSION
Approved & Amended
PRESENT: ABSENT:
Mr. Mike Russo, Vice Chair
Mr. John Morin, Clerk
Mr. James Morin
Mr. Peter Landry
Mr. Romeo Danais
Mr. Kevin Bassett, Alternate
James Crowell, Alternate
OTHERS PRESENT:
Bonnie Winona; Ms. Lisa Sears, Land Use Clerk
Vice Chair, Mike Russo called the meeting to order at 7:10 PM. The Board agreed to not take the agenda items in exact order.
Mr. Russo noted that Sat. May 13th there is an all day conference here for the Lamprey River Watershed 14 town conference. Mrs. Sears will forward more detailed information, when available.
He also noted the upcoming NH OEP annual spring training on May 2nd. Mrs. Sears noted that it appears that most of the Zoning related sessions are full. Mr. Russo also gave a brief update on the HCCP (grant) committee that he attends.
He also noted that there is a new committee forming through the Planning Board for the Impact Fee Steering Committee. Mr. John Morin expressed an interest in this committee.
Point of Order: Mr. Crowell was seated for Mr. Danais until Mr. Danais arrived about 7:30pm.
MOTION by Mr. Crowell to appoint Bonnie Winona as an alternate member of the Nottingham Zoning Board of Adjustments.
SECOND by Mr. Russo
VOTE 5-Aye. 0- Opposed – 1-Abstained MOTION PASSED
Ms. Winona will get sworn in by the Town Clerk. (Alternate terms are for 3 years per RSA)
Approval of Minutes
December 30, 2008
Line 92 insert Day after 30.
MOTION by Mr. John Morin to approve the minutes of December 30, 2008 as amended
SECOND by Mr. Russo
VOTE 5-Aye. 0- Opposed – 0-Abstained MOTION PASSED
Mrs. Sears confirmed and updated members contact info.
Annual Review of ZBA Bylaws
The Board reviewed and approved bylaws only adding that the “date last amended” is added to the top.
MOTION by Mr. Landry to approve the ZBA bylaws, with an amended date of April 2009.
SECOND by Mr. John Morin
VOTE 5-Aye. 0- Opposed – 0-Abstained MOTION PASSED
Possible Joint Meeting with the Planning Board
The Board discussed what the agenda for a joint meeting with the Planning Board. Most members stated they would be able to attend a May 13th meeting but they will confirm with Mrs. Sears if they can not. They would like to discuss the roles and process of the ZBA/Planning Board (Which board should an applicant see first?). They would also like to discuss improved communications between the Boards.
Mr. Bassett would like a check list for ZBA members for the ZBA process. Mrs. Sears briefly reviewed the application and the process; noting that the criteria is on the applications. It was noted that the only two items that would be on a check list: make the applicant aware of the 30 day appeal process and if the Board had set a time limit as part of the discussion with the applicant and that would be included in any motion made. Mr. Russo noted that this is just a ZBA issue not one that needs to go before the joint meeting.
Mrs. Sears suggested as a future reference, that the members research exactly what kind of conditions they can require of an applicant and what they can not. Mr. Landry noted any time line would be on a case by case basis. The Board agreed. Mrs. Sears noted that any limit or conditions must be made in the motion to approve. Mr. Crowell read from the “Roles and Responsibilities of the ZBA” noting that by law, once granted they don’t expire they stay with the property. Mr. Russo noted he will research this topic of time limits further and report back to the Board.
Mrs. Sears noted that the Planning Board has also asked for input from the ZBA on what types of cases heard most often and if the ZBA members have opinions or recommendations on possible changes to the Zoning Ordinances for 2010.
Mr. Russo noted that the original request for the joint meeting was to improve “customer service” for the residents. He suggested having copies of applications to show and explain to the PB the ZBA’s Process.
Mr. Morin asked about an informal meeting with residents to answer questions. Mrs. Sears noted that she could solve some questions through the Chair but having informal ZBA meetings would run the risk of not properly notifying the public/abutters which they can’t do. She noted the Planning Board can do this under the process called Conceptual Review, but there was no similar process for the ZBA. Mrs. Sears also noted that most applicants will come to the ZBA first as it is a less expensive process than going all through the Planning process to then later possibly be denied by this Board.
Mr. Landry noted that a common practice of some towns is that applicants must have a denial from the Planning Board, or the Building Inspector or the Board of Selectmen before they can come before this Board. He also noted that an applicant can go before the Planning Board as a conceptual review and be told to come to this Board first. He also noted that ideally all the potential Zoning issues are done at the same time. Mrs. Sears noted that other towns do require the denial before coming before the ZBA and that is stated in their bylaws. They discussed the Planning Board process.
Elections of Officers
MOTION by Mr. John Morin to elect Mike Russo as the Chair of Nottingham ZBA 2009.
SECOND by Mr. Danais
VOTE 5-Aye. 0- Opposed – 0-Abstained MOTION PASSED
MOTION by Mr. Jim Morin to elect John Morin as the Vice Chair of this Board.
SECOND by Mr. Russo
VOTE 5-Aye. 0- Opposed – 0-Abstained MOTION PASSED
The Clerk position was not filled.
Chair Russo also noted that the Alternates are encouraged to attend the joint meeting with the Planning Board and any meeting even if they are not seated.
Mr. Landry would like a copy of the criteria for a Special Exception. Mrs. Sears noted it is on the application and she will get him a copy. Mrs. Sears noted that the applications are very well thought out and credit goes to Traci Chauvey.
MOTION by Mr. John Morin to adjourn the meeting.
SECOND by Mr. Jim Morin
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 Zoning Board of Adjustment meeting at which time the above minutes are corrected or accepted.
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