ANTRIM PLANNING BOARD
Minutes of the January 15, 2004 meeting
Members present:
Fred Anderson Scott Burnside Spencer Garrett
Mike Oldershaw Ed Rowehl Dan Valley
Members absent:
Bob Bethel
Public Attendees:
Matthew Chauncey Steven Jones Stuart Gross
Dwight Hyde Pamela Veinstra Robert Obland
Peter Mellen Ben Chadwick Bill Prokop
Chairman Rowehl opened the meeting at 7:00 PM explaining that although the meeting was to hear a presentation by Ms. Mary Pinkham-Langer of NH DRA, it was necessary to hear the application of the Bagley Pond Corporation for an annexation. He introduced Mr. Mellen who then proceeded to explain the proposed annexation of a portion of lot 32 to lot 31 shown on tax map 8D. Mr. Mellen pointed out that lot 32 was a preexisting non conforming lot in that it did not have the required road frontage; however, there would be no increase in the non-conformity as a result of the annexation. Mr. Rowehl asked for comments from the abutters either for or against the application. Mr. Hyde asked if a driveway where put into lot 32 from Stacey Hill Road, would the town maintain the road. Mr. Rowehl explained that the portion of Stacey Hill
Road that fronted on the lot was a Class VI road and was not maintained by the town and it would be unlikely that the town would commence maintenance if someone were to build on the lot. He explained that anyone building on the lot would have to sign a waiver with the town regarding public services. There being no further question by Board members, abutters or attendees, Mr. Rowehl called for a motion to accept the application.
Mr. Burnside moved to accept the application of Bagley Pond Corp. Planning Board File # 2004-01PB for an annexation of property located off Stacy Hill Road, Antrim, NH, Tax Map 8D Lots 31 & 32 located in the Rural and the Highway Business District. The applicant proposes to annex a portion of lot 32 to lot 31. The motion was seconded by Mr. Valley. Roll call vote: Mr. Burnside – aye, Mr. Garrett – aye, Mr. Valley – aye, Mr. Oldershaw – aye, Mr. Anderson – aye.
Mr. Rowehl called for a motion to approve the application. Mr. Garrett moved to approve the application of Bagley Pond Corp. Planning Board File # 2004-01PB for an annexation of property located off Stacy Hill Road, Antrim, NH, Tax Map 8D Lots 31 & 32 located in the Rural and the Highway Business District. The applicant proposes to annex a portion of lot 32 to lot 31.
The following conditions apply to this approval:
Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated January 15, 2004 as they pertain to this application are a conditional part of this approval.
The applicant is to obtain a building permit for any construction or alterations and adhere to all building, health and fire codes.
Mr. Burnside seconded the motion. Roll call vote: Mr. Burnside – aye, Mr. Garrett – aye, Mr. Valley – aye, Mr. Oldershaw – aye, Mr. Anderson – aye.
Mr. Rowehl then introduced Ms. Mary Pinkam-Langer, Gravel Tax Appraiser with the NH Department of Revenue Administration. Ms. Pnkham-Langer had been invited to the meeting to review the requirements of RSA 155-E and 72-B for the operation and restoration of excavation sites. Mr. Rowehl prefaced his introduction with the reminder that the Planning Board was the regulator of all excavation sites in the municipality. Letters of invitation had been sent out to all excavation site owners and operators and a press release was issued to notify any interested parties. Ms. Pinkham-Langer clarified the distinction between the two RSA’s in that #155-E covered the permitting process and #72-B concerned itself with taxation. Mr. Rowehl pointed out that in the past year, members of the Board had met with a member of DES and had
obtained a better insight as to what would be acceptable to the State regarding reclamation standards. Ms. Pinkham-Langer explained that RSA 72-13 which governed taxation basically taxed all mineral deposits on a site. This was replaced by RSA 72-B which only taxes minerals actually removed from the site at the rate of two (2) cents per cubic yard. Ms. Pinkam-Langer explained that the “Notice of Intent to Excavate” addresses the matter of whether or not the site is being operated in compliance with the RSA’s. Ms. Pinkham-Langer believes that most all reports for sites in town are not complete and that being the case she feels that no sites in Antrim are grandfathered. She also pointed out that no site specific plans are on file for sites in town; however this seemed to be the case in a number of municipalities. She felt that the town should start from ground zero and bring all sites into compliance by contacting all owners and/or operators asking them to provide
copies of intents, reports and plans which had been filed with the town. If they are unable to provide the necessary documentation then they should be required to follow the permitting process. If the sites are not conforming to original intents filed they are not permitted to expand without approval of the Board. She pointed out that the Board can require bonding to cover restoration of the site and/or roads. If a site has not been reclaimed but has been abandoned, the town cannot force the operator to reclaim the site unless it proves to be a health or safety hazard. Plans submitted should show where excavation is taking place, where expansion is planned and the relationship to abutters. It is important that all permits have an expiration date. She recommends a one year permit which would allow better regulation and by no means for more than two years. Ms. Pinkam-Langer felt that the Board needed to be firm about bringing all operations into compliance but recommended a
cooperative spirit with the owner/operators. She felt that firm time lines should be establish for meeting requirements and adhered to. A good time for renewal of permits would be April 1st, the beginning of the tax year.
Ms. Pinkham-Langer had briefly reviewed the existing Antrim regulations for earth excavation and felt that they needed revision as certain sections were not complete and other sections did not comply with the current statutes. When revising the regulation, road and reclamation bonds should be kept separate. The SWRPC has prepared a good model ordinance which follows the law and provides sample applications and checklists for operation and reclamation. She reminded the Board that a Site Specific permit requires a reclamation plan. Arial photographs in 1981 and 1998 could help in determining if sites had been expanded. A new series of photographs is been prepared at this time and will be available as computer images.
Mr. Burnside asked if there was an existing form for the permit. Ms. Pinkham-Langer said that none existed and that the town could make up it’s own permit form but it should at least contain a permit number and expiration date. Permits are not transferable without approval of the Planning Board. She pointed out that there is no required checklist for operating standards or reclamation and the Board should devise it’s own checklists.
Mr. Garrett asked for a list of towns that “had their act together”. Ms. Pinkham-Langer said that Farmington had prepared a good regulation and established a good procedure for regulation by their Board. She believes their regulation is available on a computer disk and will work with the secretary to provide us with a copy. Mr. Prokop felt that the first thing to be done would be to rewrite the ordinance to conform to the law and to send out letters to all owner/operators as suggested by Ms. Pinkham-Langer requesting copies of permits and plans. Mr. Rowehl thanked Ms. Pinkham-Langer for her presentation and assured her that the Planning Board would proceed on her recommendations to bring all sites into compliance with RSA’s 155-E and 72-B.
Mr. Anderson made a motion to accept the minutes of the December 18, 2003 minutes as corrected which was seconded by Mr. Valley and passed.
There was a brief discussion on establishing a procedure to follow the recommendations of Ms. Pinkham-Langer. The secretary was instructed to obtain the Farmington regulations for review by the Board and to prepare a letter to all owner/operators of excavation sites requesting whatever documentation they may have regarding their sites.
The secretary reminded members that the sign up period for the March, 2004 elections was between January 21st and January 30th.
The secretary presented a letter from the Board of selectmen which solicited direction from the Planning Board on a procedure to be followed for the enforcement of ordinance violations. Following a brief discussion, Mr. Oldershaw, Ex-Officio member of the Board said he would review the matter with the selectmen in an effort to establish guidelines and consistent enforcement of the ordinances.
A letter was submitted by Mr. Zimmerman regarding his program to bring his excavation site into compliance. The consensus was that his site would be dealt with as part of the program to bring all sites into conformance.
Mr. Anderson moved that the meeting be adjourned. Mr. Valley seconded the motion which was passed. Mr. Rowehl adjourned the meeting at 9:05 PM.
Respectfully submitted,
Paul L. Vasques, Secretary
Antrim Planning Board
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