OLD BUSINESS

Consider, Discuss and Act Upon 2023 Land Use Legislation Amendments to the Zoning Ordinance and Subdivision Regulations.

a.     The Board will discuss the legislative amendments with staff and the Town’s planning consultant.  

b.     The Board may vote on certain aspects of the proposed amendments.

c.      The Board may make a recommendation to the Town Council on adoption of proposed amendments.

d.     The Board may continue the matter for further discussion at a future meeting.

Assistant Solicitor David Ursillo stated that a memo was distributed to the Board based on research he conducted after the last meeting.  Solicitor Ursillo stated that the Town is charged with having its Zoning Ordinances consistent with State Law and generally the zoning ordinance is above comp plan and state law is above zoning ordinance try to make comp plan and zoning ordinance work together.  this Board is charged with making a recommendation to the Town Council who will still hold a public hearing and have ultimate say in adopting the amendments.

Ashley Sweet, Project Manager with Weston & Sampson, reviewed the previously tabled Article 4 “Use Regulations” with regard to adaptive reuse.

John Yoakum made a motion, seconded by Joseph Rotella, to recommend the Town Council adopt the proposed ordinance amendments to Article 4 “Use Regulations” as drafted subject to the Town Solicitor’s review.  The vote on the motion was all in favor and the motion carried.

The Board reviewed proposed changes to reviewed the previously tabled Article 3 ”Nonconformance” suggesting the Board adopt the language as written. 

Joseph Rotella made a motion, seconded by John Yoakum, to recommend the Town Council adopt the proposed ordinance amendments to Article 3 “Nonconformance” subject to the Town Solicitor’s review. The vote on the motion was all in favor and the motion carried.

At 6:41 p.m. Member Angelica Bovis excused herself from the meeting.

The Board reviewed proposed changes to Article D “Definition of Terms” in the Subdivision Regulations stating these definitions are being amended to reflect State law.  Ashley Sweet addressed the Board’s concern with the definition of Administrative Officer by suggesting the reinstatement of the last sentence that was proposed to be stricken.

Michael Moan stated his concern with #56 “conservation development” being stricken. Ashley Sweet suggested un-striking the words because conservation development is not prohibited. 

John Yoakum made a motion, seconded by Joseph Rotella, to approve Article D “Definition of Terms” as drafted with the added language of “conservation development” and reinstating the last stricken sentence in the definition of Administrative Officer.  The vote on the motion was all in favor and the motion carried.

The Board reviewed proposed changes to Section III of the Subdivision Regulations “Procedure for Submission of Plans and Plats for Land Development Projects” stating this section has been amended to be consistent with the State law changes.  Ms. Sweet reviewed the substantial changes to the section stating the threshold for minor subdivisions changes from 5 lots or less to 9 lots or less and minor land development project now has a more specific definition.

Ashley Sweet stated the Administrative Officer can grant specific waivers which should be listed or the regulations can remain silent on this. Town Planner Michael Phillips suggested including the ability for the Administrative Officer to grant waivers on tinterior lot angles and street width and will provide a list of items that the Administrative Officer should grant.

Ashley Sweet reviewed the section on the Technical Review Committee stating there can be a member of the public or a Planning Board member but cautioned that it should be someone with technical experience.  Mr. Sweet stated that she will review the structure of the Committee and recommend any changes.

Solicitor Ursillo suggested changing line 163 “Re-assignment to Major Review” to change the “Planning Board” to “Permitting Authority”.

The Board reviewed proposed changes to Article E. “Major Land Development and Major Subdivision Review Stages” stating that the public hearing has moved from the Preliminary Plan review to the Master Plan review.  The Board expressed concerns about allowing residents the opportunity to speak at the Preliminary Plan review stage.  Ashley Sweet stated that the Town could add language that indicates “although this is not a public hearing members of the public would be given the opportunity to speak.”

The Board reviewed proposed changes to Article F “Major Land Development and Major Subdivision - Master Plan”. Ashley Sweet stated this section was amended to add Unified Development Review and to update the public notice requirements.

The Board reviewed proposed changes to Article G “Major Land Development and Major Subdivision - Preliminary Plan”.  Ashley Sweet stated that an applicant can submit the application without state permits in hand but in order to receive Preliminary Plan approval they must have permits in hand.  Ms. Sweet added that the best practice would be to allow the timeclock to extend to two weeks beyond the next meeting date.  Joseph Rotella suggested, if everything else is in place, to grant conditional approval with the Administrative Officer approving the Final Plan.

The Board reviewed proposed changes to Article H “Land Development Projects and Subdivisions, Public Hearing and Notice Requirements”.  Ashley Sweet stated that notice requirements are being amended to be uniform.

The Board reviewed proposed changes to Article I “Major/Minor Land Development Projects and Major/Minor Subdivisions - Final Plan”.  Ashley Sweet stated that the expiration of approval differs for a major which is for one year and minor does not specify time period.  Jim D’Ambra stated that he would like it to be consistent with one year expiration of approval for both.

Ashley Sweet stated that Article J “Development Plan Review” is still being drafted.

The Board reviewed proposed changes to Article K “Unified Development Review and Precedence of Approvals between the Planning Board and Other Local Permitting Authority”. Ashley Sweet stated that this section was amended to add Unified Development Review.

The Board reviewed proposed changes to Article M “Modifications and Changes to Recorded Plats and Plans”.  Ashley Sweet stated that this section was broadened to cover all plans and modifications at any time in the review process.

John Yoakum made a motion, seconded by Charles Boyd, to adjourn the meeting at 8:20 p.m.  The vote on the motion was all in favor and the motion carried.

The next meeting is scheduled for Thursday, March 21, 2024 at 6:00 p.m.

Respectfully submitted,

Donna A. Corrao, Recording Secretary