Wednesday, March 19, 2014

Planning Board Overstepping Authority

     Al Lampert came before the Planning Board last week with his architects to review their proposed townhouse/cottage development on Franklin Street, an R-2 zoned district.  By all accounts his plan is thoughtful, attractive and will do wonders to give the area a facelift.  Under the units parking will take some of the load off on street parking.  Proposed landscaping will provide an attractive touch.  Lighting will provide security without intruding on adjacent homeowners.  So, one would come to the conclusion that all systems are go for him to proceed.  But, wait.  Board members have some architectural "suggestions" or "just saying" comments.  Notwithstanding that those commenting are not architects, yet comment on roof lines and number of steps and "know what those seeking downtown homes want," Selectman Clement had to ask whether they should even be commenting on design features.
     Selectman Clement is correct.  The Planning Board has no authority over architectural design on residential buildings which these are.  Someone asked if the town has a design review board and the answer was given as a conditional "no."  Conditional because the Planning Board explained that since there is no design review board the task falls to them.  It does not as, again, they have no authority in this residential design matter.
     In the meantime, Mr. Lampert patiently works his way through the review process trying to address subjective opinions of Planning Board, Historic District Commission and Heritage Commission members.  Should he have to react to every suggestion, likely at additional costs to him, to show due diligence and satisfy the whims of board members?  Exeter may be open for business, but are they friendly to developers?




10 comments:

  1. What is the official charter of the Planning Board? The town website: "The Exeter Planning Board is entrusted with the task of encouraging and directing appropriate land use in the Town of Exeter. The Board uses the Exeter Master Plan as a guide in making decisions as it serves as the blueprint for growth and development of the town. The Board consists of seven members, including a Selectman serving a term concurrent with the elected term of office, and five alternates. Three year appointments are made by the Board of Selectmen as provided by RSA 673:5 III."
    Where is the description of possible Board authority to: direct and influence design aspect of building structures?
    I suppose if the applicant wanted direction and design input the Board could weigh in, given approval of those waiting for their review process.
    FP

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  2. The Board's authority comes from the RSAs and the Site Plan and Subdivision Regulations, which can be found on the town's web site.

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  3. The fact that the Town's Master Plan includes consideration of "Historical Resources" probably gives the Board some authority to ask about those concerns. Its power to do anything is probably more limited.

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    1. No, that authority comes under the Historic District Commission. I believe that this neighborhood is not within the Historic District. Therefore, that is not a factor to be considered. By the way, do you consider Al's garages on the river side of the street historic or architecturally pleasing?

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  4. The Town's "Master Plan" should be thrown away and replaced with a single line: "Live and let live." It's the most peaceful and prosperous plan.

    Of course, all government boards have no legitimate authority as long as there is a single individual under their rule who does not consent.

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    1. "Live and let live." Then I'll be opening that rendering plant in your neighborhood.

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    2. If you're the owner of the property, I can't force you to do otherwise. You are, however, 100% liable for any pollution (smoke particles, noise, and dark matter) that damages my property.

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  5. You can rest assured that whatever design Al puts up for his plan to the planning board this will be accepted, but if the site design is not within our guidelines are we just suppose to vote yes because we are pro business. Even if this is at the expense of the abutting properties? Of course in Al's case that does not appear to be the case but in many other circumstances it is. The planning board spends many long hours as volunteers and in 14 years that I can remember there has been one proposal that has received a no vote. Does that sound like we are not open for business? They adhere to guidelines set down by the town voters and the state. Free reign is not in there. The most important thing that this covers is if the run off increases as a result of development. This can be a real issue with abutters. Watch a few of the meetings and then go to the surrounding town's meetings and you will see how much more civil and open the Exeter Planning Board is than other towns. Yes, we are open for business but only within the guidelines that are set down by the voters.

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    1. Well... not exactly right. Voter's approve Zoning changes. The Planning Board, all by itself, changes site plan and subdivision regulation changes. Sure there is a public hearing but these guidelines are not "set down by the voters".

      What was the proposal you remember being voted down?

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  6. The project on Powder Mill Rd that was half in Exeter and half in Kensington. Due to sufficient sight distance. Yes, the site and sub regs are changed at a public hearing although the Planning Board hears cases of Conditional Use Permits which are part of the Zoning Regs and voted on by the town's people.

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