2020 Land Use Law Conference
Full day virtual conference for municipal land use officials including members of planning and zoning boards, planners, land use administrators, select boards, town and city councilors, building inspectors, code enforcement officers and public works personnel. Presentations will focus on the legal authority and procedures these land use boards must understand with content structured to be beneficial to both novice and experienced municipal officials.
MORNING CONCURRENT SESSIONS (9:00 AM - 10:15 AM)
Coming Together to Make an Entire Region More Livable: A Case Study of the Mount Washington Valley Age-Friendly Community Action Plan
This session will provide an overview of the development and implementation of the award-winning Mount Washington Valley Age-Friendly Community Action Plan, an effort by 11 communities who are members of the AARP Network of Age-Friendly Communities to make their region more livable for citizens of all ages. Discussion will focus on the housing, zoning, and outdoor space components of the plan.
Presented by: Todd Fahey, State Director, AARP New Hampshire and Marianne Jackson, MD, Vice President, Gibson Center for Senior Services, Inc.
Introduction to Local Land Use Boards
This session is for brand new municipal planning, zoning, and other land use board members and is designed to be an interactive discussion about board responsibilities and your duties as a board member. From taking the oath of office, to where to find the law, we’ll provide a broad overview of basic procedures, discuss current planning topics, and review information resources. The session will conclude with an extended time to answer your questions about how to make a good start at being a successful board member.
Presented by: Anne Cunningham, Planning Board Chair, Town of Freedom; Jennifer Czyz, Executive Director, Strafford Regional Planning Commission; Michael Klass, Principal Planner, NH Office of Strategic Initiatives
Master Plans: Time to Think Differently
Create an environment where the Master Plan becomes more than a document on the shelf that you dread putting together every few years. Join two of New Hampshire’s most experienced and entertaining municipal planners to talk about how to make the Master Plan a dynamic document that becomes integrated into your regular land use plan review process.
Presented by: Christopher Parker, AICP, Assistant City Manager and Planning Director, City of Dover and Steve Whitman, AICP, Resilience Planning & Design, LLC
Planning Board Basics – Part 1: 91-A, Conflicts, Fundamental Statutes
This session is for new planning board members and alternates, as well as veterans, who want a refresher course on the basics. Topics for discussion include what is a completed application, the timeline for planning board review, conducting meetings and public hearings, subdivision and site plan review regulations, innovative land use controls, third-party consultants, zoning amendments, affordable housing, off-site exactions/impact fees, conflicts of interests, developments of regional impact, the Right-to-Know law and much MORE.
Presented by: Stephen Buckley, Legal Services Counsel, New Hampshire Municipal Association
What’s New in Water Resources
Come and learn about new information for land use board members and staff regarding floodplain and wetland areas. Hear about the new floodplain resources and mapping tools now available to assist your community with enhancing your local floodplain management program. Also hear about the state’s new wetland rules, best management practices, and permitting process.
Presented by: Jennifer Gilbert, Floodplain Management Program, NH Office of Strategic Initiatives and Mary Ann Tilton, Assistant Bureau Administrator, NH Department of Environmental Services
ZBA Decision Making Process
You’ve notified abutters, held the public hearing, heard hours of testimony, and now it’s time to make a decision. What do you do? Do you need to decide right then and there? What if you only have four members present? Can there be conditions of approval? Do you vote on each of the criteria separately? Do you need to vote on anything at all? If these and other questions have plagued your ZBA, this session is for you.
Presented by: Christine Fillmore, Esquire, Drummond Woodsum and Matthew Serge, Esquire, Drummond Woodsum
MORNING CONCURRENT SESSIONS (10:30 AM - 12:00 NOON)
“Do I Need to Recuse Myself?” Answering Allegations of Conflicts of Interest for Land Use Board Members
Land use board members are often faced with this question because an applicant has alleged a conflict of interest. On the other hand, it may be a question that land use board members should be asking, but aren’t. Join us to get answers to these questions through this lively and engaging workshop, which includes “real world” scenarios intended to both entertain and inform. Presenters will also discuss issues surrounding social media use.
Presented by: Margaret Byrnes, Executive Director, New Hampshire Municipal Association
Planning Board Basics – Part 2: Board Organization, plat review procedures, hearings, decisions
This session is for new planning board members and alternates, as well as veterans, who want a refresher course on the basics. Topics for discussion include what is a completed application, the timeline for planning board review, conducting meetings and public hearings, subdivision and site plan review regulations, innovative land use controls, third-party consultants, zoning amendments, affordable housing, off-site exactions/impact fees, conflicts of interests, developments of regional impact, the Right-to-Know law and much MORE.
Presented by: Stephen Buckley, Legal Services Counsel, New Hampshire Municipal Association
Short-Term Rentals
This session will provide an overview of the issues surrounding short-term rentals, such as Airbnb and VRBO properties, as they relate to local land use boards. Discussion will also include recent legislative efforts as well as related litigation that may impact the short-term rental landscape. The session will conclude with time for Questions and Answers.
Presented by: Cordell Johnston, Government Affairs Counsel, New Hampshire Municipal Association
Introduction to Architectural Regulations for Planning Boards and Historic Districts
Architecture has a significant impact on the experience of place. Communities attuned to their built environment may wish to set standards for new buildings and to protect important older ones. This session will provide the basics for crafting and implementing architectural regulations as part of site plan review (first half of session) and for developing and managing a historic district (second half).
Presented by: Michael Behrendt, Town Planner, Town of Durham and Nadine Miller, Deputy State Historic Preservation Officer, NH Division of Historical Resources
Legal Update (Double Session)
This session will review recently enacted legislation that affects the responsibilities and authority of municipal planning and zoning boards. Additionally, it will review what happened in the 2020 legislative session, and provide a preview of what might happen in 2021. Recent New Hampshire Supreme Court decisions involving land use issues and the impact they have on municipal planning and zoning will also be discussed. Participant questions are strongly encouraged!
Presented by: Benjamin D. Frost, AICP, Esquire, Managing Director of Policy and Public Affairs, NH Housing Finance Authority
Roles and Responsibilities of the Zoning Board of Adjustment
This session will provide a detailed look at the statutory responsibilities of the ZBA including appeals of administrative decisions, special exceptions, and variances. This session will also provide an in-depth discussion of how the case law interprets the five variance criteria. Time will be devoted to participant questions.
Presented by: Christopher L. Boldt, Esquire, Donahue, Tucker & Ciandella PLLC
AFTERNOON CONCURRENT SESSIONS (1:45 PM - 3:00 PM)
Legal Update (Double Session)
This session will review recently enacted legislation that affects the responsibilities and authority of municipal planning and zoning boards. Additionally, it will review what happened in the 2020 legislative session, and provide a preview of what might happen in 2021. Recent New Hampshire Supreme Court decisions involving land use issues and the impact they have on municipal planning and zoning will also be discussed. Participant questions are strongly encouraged!
Presented by: Benjamin D. Frost, AICP, Esquire, Managing Director Of Policy and Public Affairs, New Hampshire Housing Finance Authority
Meeting Conduct and Conflict Resolution
It’s not easy being a board member on a land use board! Join us for a presentation and discussion on the common issues board members face including how to issue clear and strong decisions, how to address conflicts of interest and recusal – for yourself and other board members, how to interact with difficult applicants or angry abutters, among other topics. We will discuss how to address these issues with some real-world examples and will provide relevant statutes and case law. Presented by a current Selectman, and a former Selectman and Planning Board member.
Presented by: Keriann Roman, Esquire, Drummond Woodsum and Steven Whitley, Esquire, Drummond Woodsum
Small Town Planning
Join our panel of planners that have experience working in small towns and get some pointers on how to overcome planning trials and tribulations of planning in a small town. Like how to maintain and foster: economic development, small business attraction, rural character, preservation of open spaces, civic pride, environmental protection, etc. Also, knowing how to handle potential obstacles through the planning process like: political opposition, budget constraints, zoning amendments, controversial developments, public opposition, clear ordinance/regulation language, acceptance of application, impact fees, writing ordinances, etc.
Presented by: John Edgar, AICP, Community Development Director, Town of Merdith; Mark J. Fougere, AICP, Fougere Planning & Development, Inc. and Angela LaBrecque, AICP, Town Planner, Town of Meredith