Zoning Board of Adjustment

Town of Madison

PO Box 248

Madison, NH 03849

Minutes

May 20, 2009

Members Present: Henry Anderson, Peter Craugh, Ken Hughes, Kevin O’Neil, and Mark Lucy - Chair

Members not Present: Jay Bisio and Peter Thomas

Staff Present: Bob Babine – Code Enforcement Officer and Wendy Huff – Administrative Assistant

Others Present: Zoning Board Counsel H. Bernard Waugh, Donna Veilleux

Meeting Agenda Posted: 5/13/09 at Madison Town Hall, Madison Post Office, Silver Lake Post Office

1. CALL TO ORDER: Mr. Lucy called the meeting to order at 7:05 P.M.

2. ROLL CALL: Mrs. Huff called the roll.

3. NEW HEARINGS: none

4. CONTINUED HEARINGS: none

5. PRESENTATION: H. Bernard Waugh, Esq. – 2008 Municipal Law Update

              Atty Waugh explained that each year he prepares a summary of the current year case law with explanations of the decisions. He reviewed this summary, highlighting numerous cases:

• New Statutes – Land Use and Environment
• State building code: The State Fire Marshal’s Office is responsible for enforcement in towns without code enforcement officials.
• Shoreland Protection Act: Changes to jurisdictional areas, woodland buffers, and Shoreland setbacks.
• Time Limits for Planning Board Design Review: clarifies time limits for design review or preliminary review phase of an application for ‘vesting’ rights to changes in local regulations
• Hazardous & Dilapidated Buildings: enhances a town’s ability to recover its costs of removing a hazardous building
• Work Force Housing: Atty Waugh suggested determining if the town is already in compliance with the new legislation. He also encouraged enacting zoning that would ensure that any housing constructed remain work force cost compliant in future years.
• Small Wind Energy Systems: new legislation regulating ‘wind towers’
• Outdoor Wood-Fired Boilers: new legislation regulating wood boilers, mostly due to emissions

• New Statutes – Municipal Administration, Finance, and Taxation Laws
• Time for Taking Oath: amends the time limit for swearing in town officers if the candidate was unopposed and no write-in candidate receives 5% or more of the vote
• Update of Right to Know Law: A number of clarifications were made, including using email. Atty Waugh stressed that emails should only be used for disseminating documents such as agendas with a reminder not to respond as that could constitute having a meeting without public notice.

• The Courts – Planning, Zoning, and Environment Cases
• Signs and Commercial Free Speech: a town can ban changeable copy electronic signs
• Standing: A pending lawsuit is not a definite interest and does not grant ‘standing’ in an appeal.
• Land Straddling Town Line: Ruling on when land can be used to satisfy local regulations in each town.
• Exhaustion of Administrative Remedies: A building permit application must be appealed to the local zoning board prior to the court.
• Standing Act: Only a condominium association must be noticed when an abutter, but an individual condominium owner may have standing.
• Impact Fees: Fees may be levied even if there is an existing inadequacy in the road.
• Zoning Enforcement: Each day’s violation is not a separate offense. Attorney fees are mandatory if the town wins.
• Open Space Subdivision: Towns which require a conventional subdivision plan for cluster housing must allow for a realistic and feasible plan.
• Variances: Towns may change their ordinances which may result in changes to existing neighborhoods. A thorough record should be kept for the reasons to make such changes, such as curtailing development in an overly developed lake front.
• Variances- Cell Towers: Federal Law pre-empts local law.
• Administrative Appeals Deadline: An inquiry regarding an application does not waive the appeals deadline or give anyone special consideration for notification of decisions.

• The Courts – Highways and Other Real Estate Issues
• Paper Streets: There are 3 methods for laying out roads – planning board layout, dedication and acceptance, and prescription. Acceptance by the public must be unequivocal, clear and satisfactory.
• Property Liability: A neighbor cannot be held liable for the independent acts of wild animals.

• The Courts – Cases on Governmental Administration
• Official Ballot Town Meeting: Amendments to warrant articles cannot include new matter.
• Right-to-Know Law: Public officials, whether elected or appointed, are not employees and discussion regarding them must be in public session.

6. OTHER BUSINESS & COMMUNICATIONS:

              Mr. Lucy briefly reviewed the case lists from prior years.

7. APPROVAL OF MINUTES: Mr. Craugh moved, seconded by Mr. Hughes, to approve the minutes of 4/15/09 as presented. Motion passed.

8. ADJOURNMENT

There being no further business, the meeting was adjourned on a motion by Mr. Lucy, seconded by Mr. Hughes, at 8:38 P.M.

Respectfully submitted,

Wendy J. Huff

Administrative Assistant

Minutes Approved: July 15, 2009

Corrections: none