PLANNING BOARD MINUTES 03.24.15
TOWN OF BRADFORD PLANNING BOARD
MARCH 24, 2015
Meeting called to order by Marcia Keller, Chair, at 7:00pm
Members Present
Marcia Keller, Chair; Erich Caron; Garrett Bauer; Mark Keith; Jim Bibbo- arrived 7:55pm; Sonny Harris, Selectmen’s Rep; Carol Troy, Alternate- seated for C. James
Members Absent
Claire James; Steve Chase, Alternate; Miriam D’Angona, Alternate
Information Session
Bernard Waugh Jr., Town Attorney, was present to deliver a Lecture on Municipal Law Updates of 2014. He explained that there had not been many changes pertaining to Planning Boards, however will review general municipal matters. Update divided into new statutes & interesting cases from NH/US Supreme Court- all statute changes summarized.
Relevant Municipal Law Changes:
New Notice Requirements for Zoning Amendment Hearings Ch. 161 (HB 1210)
- Notice must be given by first class mail to owners of all affected properties (1) if an amendment would change a zoning district boundary & change would affect 100 or fewer properties (2) if an amendment would change minimum lot sizes or permitted uses in a z. district that includes 100 or fewer properties (3) if someone specifically asks. (Does not apply to petitioned amendments.)
Plea-By-Mail for Land Use Offenses Ch. 77 (HB 347)
- RSA 31:39d can charge up to 10 days violation in single citation v. previously only charge 5 days worth of violation.
Option for Governing Body to Approve New “Streets” Ch.125 (HB 1371)
- Town Meeting can vote to give street approval authority to Selectmen instead of Planning Board.
Alternate Trustees of Trust Funds Ch. 70 (SB 216)
- Town now can have alternate trustees of trust funds.
Use of Funds from Cemetary Ch. 71 (SB 219)
- Authorizes Town Meeting to vote whether funds received from sale of cemetery lots will be deposited into General Fund or a cemetery maintenance fund.
Authority to Abate Taxes without Application Ch. 175 (HB 1196)
- Not illegal for Board of Selectmen to abate portion of taxes for any amount of time
Recreational Vehicles under Property Tax Ch. 228 (SB 333)
- Vehicle is exempt from property tax if it is (1) less than 8’6” wide (2) registered as a motor vehicle (3) located at a recreational campground or camp park.
Filing for Incompatible Local Offices Prohibited Ch. 99 (HB 1320)
- Prohibits a person from filing declaration for candidacy for any 2 or more elected local offices that are incompatible under RSA 669:7 (ie. Selectmen & Town Clerk)
Spouses of Those in Service to Their Country Don’t Lose Domicile Ch. 104 (HB 466)
- If a person is temporarily absent from his/her domicile by reason of his/her spouse being employed in US Service, this doesn’t result in the loss of his/her domicile.
Briefly reviewed certain Case Law:
Friedline v. Roe (May 16, 2014): Jurisdiction over title matters must go to Superior Court
Prolerized N. England Co v. Zity of Manchester (Aug. 28, 2014):
Scrap metal dealers: Local Record-Keeping and fee requirements not preempted. Forms of preemption:
- (a) Express preemption- local regulation prohibited
- (b) “Field” preemption- imply an intent for State to occupy entire field
- (c) Preemption implied by direct conflict between state law & local ordinance
- (d) Preemption implied because local ordinance frustrates purpose of State law
Dichiara v Sanborn Regional School District, 165 NH 694 (Nov. 8, 2013)
- Municipalities immune from personal injury liability, absent nexus to vehicle or premises
Lahm v. Farrington (March 14, 2014): Claim of “negligent investigation” rejected by court.
Bouter v. Cohen Camps (June 20, 2014)
- “Firefighters Rule” prevents suit by police officer against attacker’s employer.
Montenegro v. NH Dept. of Motor Vehicles (May 7, 2014)
- Free Speech: “Offensive to good taste” standard for vanity plates is unconstitutionally vague.
State v. Bailey (Aug. 8, 2014): Park Curfew: Upheld against free speech challenge by “Occupy NH”.
US Supreme Court: Town of Greece, NY v. Galloway 572 US ___ (May 5, 2014)
- Prayer at Legislative/Governing Body Meetings does not violate Establishment Clause.
Property Tax: Appeal of Town of Charleston (July 11, 2014)
- Town has authority to remove Current Use land which was mistakenly enrolled.
Municipal Employment: Kassotis v. Town of Fitzwilliam (Aug. 28, 2014)
- Chiefs of Police: Non-renewal of set term contract does not constitute “dismissal”.
Questions:
What is allowed/ required under land use regulations regarding agriculture?
- RSA 674:32- (a) presumption that agriculture is a permitted use if not addressed by zoning ordinance, otherwise state ord. applies (b) Agriculture which predates restrictions may be expanded as set forth in state statute. *Except (1) if reestablished after significant disuse (2) expanded to include livestock/poultry/animal operations it can be made subject to special exception.
- RSA 672:32-c- Allows reviewing body to grant exceptions to otherwise applicable things like setbacks/driveways/dimensional standards if they seem unreasonable in the context of agricultural use.
What time frame is a court going to recognize for their definition of disuse of a property? Defined by abandonment v. intent to abandon?
- Cited McKenzie v. Town of Eaton (2006) – if nonconforming bldg was damaged by fire/act of god, had to be rebuilt within 1 yr or right to nonconformity is lost. Unless constitutional challenge 1 yr clause is enforceable- such clauses make it unnecessary to examine question of intent to abandon.
Review and Consideration of Minutes
Motion made to approve minutes of March 10, 2015 as presented. Motion carried 6-0.
Regular Business
- Initial CIP Meeting scheduled for Wednesday, April 15, 2015. Secretary will contact Stephanie Alexander at CNHRCP to verify times and request invitations.
- February monthly expenses presented
- Spring 2015 Planning & Zoning Conference is scheduled for May 2, 2015 at the Grappone Center in Concord. Online registration available.
- Wayne McCutcheon requested a letter of correction re: boundary markers for Map 6-82. The Board agreed to review the site when the snow has melted enough to view the boundaries in question prior to issuing another letter.
The next Planning Board meeting is scheduled for Tuesday, April 14, 2015 at 7:00pm.
As there was no other business to come before the board, meeting adjourned at 8:45pm