ATKINSON PLANNING BOARD

Atkinson, New Hampshire

Planning Board Meeting

Wednesday, December 26, 2007

Present: Sue Killam, Chairperson; Paul DiMaggio, Vice-Chairman;

Tim Dziechowski

Alternate: Harold Morse

Ex-Officio: Jack Sapia

Sue Killam opened the meeting at 7:55 p.m.

Amendment of the following Zoning Amendments:

Building Codes: Sue Killam reads the question to appear on the ballot and refers to the existing text which will appear on the ballot showing what will be deleted and/or changed.

Tim Dziechowski likes that the amendment lessens the building codes. He is concerned that the wording may take on unfunded mandates and should be put before Town Counsel. He feels that the Town does not need to change zoning to adhere to laws already mandated by the State. Sue Killam says that there is no new wording which would change the codes, but Mr. Dziechowski says the State must enforce the code with towns with building inspectors and the State does not enforce small jobs, mainly commercial jobs. He feels the Town Counsel should review the amendments. The last date to post for a public hearing is January 4, 2008 and the last day for a public hearing is January 15, 2008. Mr. Dziechowski says the State is a mandating rules for Town which are more stringent than IBC, but do not know which codes they are changing. Harold Morse says the State uses the IBC codes. Ms. Killam sees no harm asking for Town Counsel’s opinion.

Mr. DiMaggio states that the amendment does not state what version of the building code this refers to. Normally, building inspectors come in and explain the changes. Mr. DiMaggio feels it should be stated what version of the building code is being amended. He feels it should specify the year the codes are enacted. The Board feels as many members as possible should meet with Town Counsel. The State mandates that the codes be changed. Is the Town obligated to change their zoning codes and building codes when the State updates their building codes?

Tim Dziechowski feels it is too vague and we do not know what we are adopting. Mr. DiMaggio agrees. Ms. Killam suggests the Board meet with Town Counsel and get his opinion. Mr. Dziechowski feels it is all encompassing and does not know what is regulated and what is not.

Zoning Codes: The flood plain ordinance should be replaced with NFIP flood plain ordinance. Ms. Killam reads aloud the proposed wording for the ballot question. Mr. Dziechowski feels a permit is vague and needs to be better than that. Ms. Killam says it is based on the model ordinance. Mr. Dziechowski feels "a permit" is too vague. Mr. Morse points out that it refers to a development which is well defined. Ms. Killam then reads the development definition aloud. Mr. Dziechowski would like to amend the section to "all applicable permits." Jack Sapia asks isn’t it already understood that permits are applicable already to that development? Ms. Killam suggests: "All proposed developments, as defined in this ordinance, in any special flood area shall require all applicable permits."

Ms. Killam reads through the Table of Contents for this ordinance. The Town is not able to participate in NFIP unless this ordinance is accepted which will allow flood plain applicants to lower flood insurance rate. FEMA mandates lenders to require mortgagees to have flood insurance if they are in the flood plain, but that is up to the Board of Selectmen to be part of the FEMA program. Residents who fall outside the flood plain will be eligible for funds in the case of a flood, plus the Town will be eligible for pre-disaster funds by being a part of NFIP. Mr. Morse is concerned the flood maps do not truly show which homes are in the flood plain. The residents may have to have their property surveyed to determine whether their property is in the flood plain and if flood insurance is necessary. Currently, the Town is paying for grant money, but not receiving it.

Mr. DiMaggio asks what the difference is between Zones A, E and X. Mr. Morse says that Zones A and E are special flood areas and are available on the flood maps in the Planning Office. Mr. DiMaggio reviews the flood maps, and Ms. Killam reads the definitions of Zones A, AE, AH, AO, AR, X, A99, V and VE. Mr. DiMaggio determines that Zones A and AE are the high-risk areas. Zone X is not a high-risk area, with a 1/50^th % chance of flooding.

Sue Killam reads a memorandum from Stantec regarding Atkinson Heights regarding the fact that the plan has not been signed, but the developer wanted to do some earth work. It was recommended that an inspection fee of $7,500 be put in escrow for construction over several building seasons. Ms. Killam has not spoken to anyone regarding managing the escrow, but wanted to make the Board aware of what is going on. Without the escrow, no inspections are taking place. The Town lacks a code enforcement officer/planning person to make sure the inspections are being performed on each project. The Town needs to develop this type of position. The inspection part of the position would only be an additional 5 hours. This can be done along with the clerical side of the position. This would fill the hole in the inspection process that is lacking in the Town at this time. The job could be a local part-time planner. Mr. Sapia suggests a regional person who supports a few small communities.

The meeting was adjourned at 915 pm.

Respectfully submitted,

Raelene McBride