MADISON PLANNING BOARD

Minutes

December 2, 2009

Public Hearing & Regular Meeting

Members Present: Mark Brown, Mike Brooks – Selectman, Jay Buckley, Phil LaRoche, Mary Meier, and Marc Ohlson-Chair.

Members Not Present: Noreen Downs

Others Present: Bob Babine – Code Enforcement Officer, Bob Daigel

Meeting Agenda Posted: 11/25/09 at Madison Town Hall, Madison Post Office, and Silver Lake Post Office

1.  CALL TO ORDER: Mr. Ohlson called the Meeting to order at 7:00 P.M.

2.  APPOINTMENT OF ALTERNATES: none

3.  APPROVAL OF AGENDA: Mr. Buckley moved, seconded by Mr. Nordlund, to approve the agenda as presented. Motion passed.

4. APPROVAL OF MINUTES: Mr. Buckley moved, seconded by Mrs. Meier to approve the minutes of the 11/4/09 regular meeting as written. Motion passed.

5. PUBLIC COMMENT: Mr. Daigel provided the Board with documents and information regarding work that he and others had performed on the road and trails at the Madison Boulder in the 1990s. He explained that wheelchair accessibility was installed and that many local business donated materials.

6A. REVIEW OF NEW APPLICATIONS: none

6B. REVIEW OF CONTINUED APPLICATIONS: none

6C. REGULATIONS PUBLIC HEARING: none

7.   NEW BUSINESS

Review of proposed agreement for Madison Boulder: The Conservation Commission requested that the Board review the document and provide comments regarding any potential planning issues. Mr. Brooks explained that the Special Use Permit draft provided by the Department of Economic Resources and Development (DRED) had been reviewed by the Town. The language regarding indemnification was edited and is being reviewed by the Attorney General’s office. It was noted that the agreement is a “first of its kind” partnership with DRED and the Geological Society of NH to manage and maintain the park area. There is no financial exposure to the town. The Board saw no planning issues with the proposal.

8.    OLD BUSINESS:

Zoning Ordinance amendments: Counsel has reviewed and edited the proposed language. The Board discussed the amendments as follows:

• Conditional Use Permit: This ordinance is the framework for potential specific conditional use permit ordinances. The edits by counsel were accepted and the amendment will be noticed for the January public hearing.
• Work Force Housing Conditional Use Permit: The Board discussed the pros and cons of putting this amendment to public hearing. Several members felt that the amendment afforded the town some protection from a challenge and possible ‘builders’ remedy” court decision as well as complying with the state mandate. Others felt that the legislation was so poorly crafted that it placed the town in the position of writing less than adequate language which may not be able to be enforced. There was also the feeling that the town already met the mandate, but it would be too expensive to prove it. Mr. Buckley moved, seconded by Mr. Nordlund, to send the amendment to public hearing with any accepted changes made as a result of the review by counsel. Motion passed. Counsel advised that the town had no authority to require housing to remain “affordable.” The Developer could be required to put a deed restriction on the property but there was no enforcement procedure. After further discussion, the board accepted all the changes by counsel.
• Earth Excavation Conditional Use Permit: This draft amendment was crafted as a result of the proposed expansion of the commercial district. It would allow the Planning Board to do conduct a comprehensive review (Site Plan, Gravel Permit, and Conditional Use Permit) of an application for excavation in the commercial and residential districts. Mr. Buckley moved, seconded by Mr. Nordlund, to not send this amendment to public hearing. Motion passed.
• Permitted uses in the Residential District: This amendment simply notes that work force housing is allowed in the district by conditional use permit. It will be placed on the public hearing.
• Dark Skies: Mr. Buckley provided the Board with copies of a proposed amendment to regulate residential and commercial lighting. He apologized for the delay in putting it before the Board; the resident who crafted the language from the state sample ordinance only just sent it.  Mr. Buckley read a letter from Mr. Ackert explaining the advantages of having a dark skies ordinance. Mr. Buckley moved, seconded by Mr. Nordlund, to send the amendment to public hearing after review and inclusion of changes by counsel. Enforcement concerns and making the technical language simpler were discussed. Motion passed with Mr. Brooks voting no.

9.   CHAIRMAN’S REPORT: none

10.  SELECTMEN’S REPORT: Mr. Brooks reported on the following:

• The Board of Selectmen reviewed public street lighting with representatives from the Police Department, Fire Department, and Emergency Management Department. All poles are tagged as follows: blue – keep the light; orange – remove the light; and yellow – put in a new light. Approximately half of the current lights are tagged for removal. The Selectmen will hold a public hearing on December 15, 2009 at 5:30 P.M. at Town Hall to receive comments on the proposed changes. Following the public hearing, a work order will be developed with PSNH which will include replacing current lighting with more efficient and economical lighting.
• Mr. Brooks reviewed a Memo to the Planning Board from the Selectmen noting the critical need for a comprehensive road plan. The Selectmen would like to have both a maintenance and reconstruction plan available for residents to review at March Town Meeting. Mr. Brooks suggested having Ned Connell update the current road plan, using funds in the Highway Department budget. Concerns included ensuring a method for continued use of the plan as well as regular monthly updates of the data base. The Board felt that contacting Mr. Connell would be beneficial.
• The recent auction of thirty town properties went well with all town costs being covered by the sales.
• Representatives from the Carroll County Transit Authority will be providing a petitioned article for $3000 in support of a community bus program. They have purchased eight busses using Federal stimulus monies. The proposed route has been changed to include Route 113 through Madison, from Route 16 in Chocurua to Route 16 in Conway.
• The Selectmen have a preliminary plan for a boundary agreement for the Veilleux lot on the Goodwin Town Forest property. Authorization to bury utilities on the road right of way has been granted by the Selectmen.

11.  SUBCOMMITTEE REPORTS: none

12. CORRESPONDENCE: none

13: ADMINISTRATION:

Jay Bisio has asked if the approval for Norja Inc. (Banfield Hollow) would allow for construction of a duplex dwelling. The Notice of Decision stated 35 units and the Board felt that the duplex would be allowed, counting as two units.

A property owner requested clarification of expansion of a non-conforming structure. He would like to expand the structure by the allowed 50% to the current setback line, then continue the expansion without the need for a variance. The Board agreed that the 50% applied to the entire structure, not just the portion within the setback limits and would not be allowed without a variance.            

14. ADJOURNMENT: There being no further business, Mr. Buckley moved, seconded by Mr. Brown to adjourn the meeting at 9:48 P.M. Motion passed.

The next Public Hearings & Regular Meeting is January 6, 2010 at 7:00 P.M.

Respectfully submitted,

Wendy J. Huff

PB Administrative Assistant

Minutes Approved: January 6, 2010

Corrections: none