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Planning Board Minutes 06/03/04
ANTRIM PLANNING BOARD

Minutes of the June 3, 2004 meeting

Members present:
Fred Anderson                   Bob Bethel                      Bob Edwards                     Scott Burnside                  Mike Oldershaw          Ed Rowehl
Members absent:
        Spencer Garrett                 Dan Valley
Public attendees:
        Amy Zaluki-Stone                Jen Mangieri                    Tom Mangieri
        Gregg Perry                     Ian Johnson                     Sissel Perry
        Denise Holmes                   Bob Holmes                      Alexander Snow
        Jon Buschbaum                   Nancy Baker

Chairman Rowehl convened the meeting at 7:00 PM by designating Mr. Edwards to sit for Mr. Garrett. He announced that the public hearings for Mr. Boucher and Mr. Proctor which were continued from the May 20, 2004 meeting would be continued again until the July 1, 2004 meeting because neither party were ready. Mr. Boucher was contacting the State to delineate the wetlands and Mr. Proctor was awaiting the perk test results. The next order of business was the public hearing on the request by Cogworks, Ltd. for a Change of Use for property located at 10 Water Street, Antrim, NH 03440 Tax Map 1A, Lot 233 in the Village Business District. The applicant proposes to renovate the upper floor as living quarters and the middle floor as a retail showroom for hand crafted hard wood furniture and accessories. Mr. Rowehl explained the procedure to be followed for the hearing and the secretary noted that the application was duly advertised in a local newspaper, all abutters had been notified and that return receipts were received from all abutters.

Mr. Johnson presented a drawing of the proposed renovations to the building (formerly owned by the Goodell Co.) showing the addition of living quarters on the 3rd floor and space for a retail operation on the 2nd floor. The 1st floor (actually the basement) would remain as is, essentially a woodworking shop. Products purchased for resale would be offered in the retail shop as well as products manufactured by Mr. Johnson. Mr. Johnson explained that at one time there had been an apartment on the 3rd floor but he planned to completely redo the area to provide for three bedrooms, a bathroom and a kitchen. He proposes to upgrade the electrical from the mains. Mr. Rowehl asked for abutters who wished to speak either in favor or against the application. There were none. The public participation in the hearing was closed and the Board went into deliberation. Mr. Edwards asked for a clarification of the work being done in the basement. Mr. Johnson indicated that it is primarily producing wood products of his design and some specialty work such as exhibits. He indicated that he had no employees and did all the work himself. Mr. Bethel asked if the apartment was to be rented or owner occupied. Mr. Johnson indicated that he planned to inhabit the apartment. Mr. Bethel asked Mr. Johnson if it was his intention to bring the property up to code. It was pointed out that this would be accomplished through the building permit process. Mr. Rowehl expressed concern that the entrance to the retail area might be to close to the road. Mr. Johnson indicated that the road had been widened in previous years and that there was approximately nine feet from the road to the entrance. He felt that this was no worse than a number of businesses on Main Street. Mr. Rowehl noted that no information was provided regarding parking spaces. Mr. Johnson said that there was space for 15 to 20 vehicles. Mr. Rowehl felt a plot plan showing the parking areas should be provided. Mr. Johnson noted that parking had not been a problem when Riley Mountain occupied the building and said that he did not have a plan with him but could provide one. Mr. Rowehl felt the Board would want this additional information because of the retail operation. Mr. Edwards reiterated the fact that all renovations would be monitored by the building inspector through the permitting process. Mr. Burnside asked how many customers would be anticipated. Mr. Johnson felt that there would be no more than three or four a day. The Board then reviewed the checklist and concluded that the following information was required:

The shape and dimension of the parking area
Driveways and flow of traffic entering and exiting the site
Location, size and character of all signs and exterior lighting
Provisions for storage and removal of rubbish.

Mr. Rowehl felt that there was not sufficient information to accept the application. Mr. Oldershaw moved that the Board conduct a site review. Mr. Anderson seconded the motion. A site review was planned for Friday June 4, 2004 at 5:00 PM. Mr. Rowehl continued the public hearing until June 17, 2004 at 7:00 PM

The next order of business was on the request by Jon C. Buschbaum for a major site plan review under Article V par. B.1.ll to conduct a light manufacturing business which would be located on the south side of Route 9, Antrim, NH 03440, Tax Map 8D Lot 3 in the Highway Business District. The applicant proposes to manufacture forest products such as logs, pulp and firewood. Mr. Rowehl explained the procedure to be followed for the hearing and the secretary noted that the application was duly advertised in a local newspaper, all abutters had been notified and that return receipts were received from all abutters.

Mr. Buschbaum referred to the Planning Board granting of his application in December of 2000 to operate a portable sawmill on the property. He explained that because of certain problems with his partners he was not able to implement his plans. Since then he has acquired the property as sole owner and would like to revive his plans; however, on a smaller scale than previously proposed. He presented a plot plan showing the area which would be cleared for the operation and the placement of an 84’ x 60’ building. He indicated that his company presently logs large tracts of land and he has a need for a base of operation to process logs. Although his intention is to start small because of financial constraints he does hope to expand the operation in the future. Initially he would clear about 1.8 acres and prepare the ground for adequate drainage, then construct a building to house the portable sawmill and begin operations. He stated that he had no intention to clear any trees in the buffer zone. His plot plan showed an area, that would be planted with Christmas trees and a residence, to be constructed at a later date. Mr. Rowehl asked if he would be producing lumber. Mr. Buschbaum indicated that he would generate both hardwood and softwood lumber. Mr. Rowehl asked if there were any abutters who wished to speak in favor of the application. There were none. He then asked if there were any abutters who wished to speak in opposition. Ms. Zaluki-Stone said that she had a number of concerns and she hoped that the Board would seriously consider them. Of primary concern was the noise that would be generated. She asked if there were any specifications from the saw manufacturer. She also asked if fencing could be installed to deaden the noise. Mr. Buschbaum responded by stating that the saw would generate no more noise than what is now heard from the traffic on Route 9. Ms. Zaluki-Stone also expressed concerned about the noise from the trucks and asked how many trucks a day would enter and exit the site. Mr. Buschbaum said that traffic would depend upon the amount of business. Ms. Zaluki-Stone asked about the distance of the cleared area to her property line. Mr. Buschbaum said that it was approximately 175 feet to the cleared area and approximately 300 feet to the building that would house the saw.

Mr. Perry raised a number of questions regarding the application. His concerns are documented in a memo dated June 3, 2004, which is incorporated in file #2004-11PB. Mr. Buschbaum responded to specific questions as follows:

Hours of operation would be 6 AM to 6 PM, Monday through Friday and 6 AM – 12 Noon on Saturday
The number of trucks per day would vary with the season and they would be of various sizes. There could be as many as ten a day but in reality would average five or six. He is doubtful that trucks would come outside hours of operation but it is possible.
The driveway would be constructed with sound barriers
Specific noise level decibels were not available at this time.
The Fire Chief has not yet reviewed the proposal.
He was the person that surveyed the wetlands. He is a licensed wetland scientist.
The Police Chief has not reviewed the proposal but the NH DOT has approved the curb cut. Their approval does take into account safety considerations.
The only chemicals used would be oils that would be stored in sealed 5-gallon containers. The waste oil would be picked up a contractor.
Non-hazard waste would be wood products that would be burned on the property in a furnace that would provide heat to the building. The furnace would probably run year round to dispose of waste. Sawdust would also be produced which would be given away to people that have horses.
There would be no hazard waste products and no fumes, odors, etc.
He did not feel that the business would adversely affect property values.

Ms. Zaluki-Stone felt that a consultant should provide information on the noise levels as they might affect the abutting properties. Mr. Buschbaum was asked if he planned to live in Antrim. He indicated that he might but such plans were on hold at this time. Mr. Buschbaum indicated that he would use portable toilet facilities. Mr. Mangieri asked if the building would be open or closed and if he would be using the bays to repair vehicles and equipment other than his own. Mr. Buschbaum said that the building would be fully enclosed and he proposed to work only on his vehicles; however might let a friend use his workshop occasionally.

Mr. Snow read a memo dated June 1, 2004, also signed by Mrs. Snow expressing their concerns for the proposed use of the property. In addition to concerns which echoed those of Mr. Perry, Mr. Snow felt that the Planning Board should not permit the application simply because it is a permitted use in the zoning district and it should take into account the residential nature of the area. Mr. Snow’s memo is in file #2004-11PB.

Mr. Holmes expressed concern as to growth of the business in five to seven years. He wondered if the cleared area would be expanded and how many people would be employed. He felt the Board should require the planting of trees to deaden the noise from surrounding properties. He was concerned about safety on Route 9 stating that he has almost been hit three times while slowing to turn into his driveway. He felt that starting operations at 6:00 AM was too early and that Saturday hours were excessive. He asked that the Board limit the hours. Mr. Buschbaum stated that he only intended to process his own logs and that perhaps in five to seven years he may have as many as three employees. He indicated that he might be storing approximately 10,000 board feet on the property and it would take up an area approximately 30” x 16”. Mr. Oldershaw disputed the size of the area and Mr. Buschbaum stipulated that it might be as large as 16’ x 120’.

Ms. Zaluki-Stone felt that Mr. Buschbaum surveying his own wetlands was a conflict of interest and that the Board should require that an independent wetland scientist delineate the wetlands. Mr. Burnside noted that if Mr. Buschbaum incorrectly delineated the wetlands he would be placing his license in jeopardy. Ms. Zaluki-Stone asked if there was a professional organization that would oversee the operation of the sawmill to see if it was operating legally. Mr. Buschbaum indicated that his operation is not classified as a sawmill. Ms. Zaluki-Stone read portions of RSA 227 and her interpretation was that the proposed operation meets the requirements of the RSA as a sawmill. The secretary will review the RSA and the Board will make a determination if Mr. Buschbaum’s proposed business is governed by the requirements of the RSA.  

Ms. Cunningham asked if the saw would be permanently installed or would it be kept as a portable unit. Mr. Buschbaum said it would remain as a portable unit. Mr. Perry was concerned with all the variables being proposed and that there were not enough specifics regarding the operation. He felt that granting an approval to the application would be akin to granting a “blank check” regarding further expansion. The secretary then reviewed phase 1 and phase 2 as presented in the application which clearly defined what work was to be done. Mr. Buschbaum concurred that what was specified in these two phases was the only thing he was seeking approval for. He understood that if he were to expand beyond what was covered in phase 1 or phase 2, he would have to appear before the Board for approval. Ms. Zaluki-Stone reiterated her request that the Board considers the need for a noise consultant, a review of RSA 277, and an impartial delineation of the wetlands during their deliberation. Mr. Holmes requested that the Board consider the necessity for soil perk tests to be considered.

Mr. Edwards moved that the hearing be continued until July 1. 2004 at 7:00 PM and that in the meantime the secretary contact Southwest Regional Planning Commission to see if they would assist in a site review. The motion was seconded by Mr. Oldershaw and passed.

Mr. Oldershaw moved to approve the minutes of the May 20, 2004 meeting. Mr. Burnside seconded the motion that passed. The secretary advised the members that the site review of the old Merrill excavation site was still pending and that he was still awaiting a call from Mr. Zimmerman regarding any activity on his excavation site. He also advised that the next input on the Capital Improvement Plan was pending from the Library. Correspondence from the Lutheran Social Services of NE was presented which requested permission to place a construction trailer on site during renovations of the Girls Shelter. The members concurred that this was permissible under the jurisdiction of the building inspector. Notices of the SWRPC annual dinner and of a public hearing for a cell tower in Jaffrey were presented. Copies of code violations sent to Messrs. Mercier, Skrable, Barry and Wildes were presented.

The Board then engaged in a discussion regarding cluster housing in various districts. After considering various aspects of cluster housing the members concurred that rather then eliminate them from the Rural and Rural Conservation Districts, effort should be directed to changing the existing ordinance for cluster housing to address the concerns of members. Part of this effort would be to also take a look at permitted uses and uses permitted by special exception in these two districts. The secretary is to draft some changes to the ordnance for consideration by the Board. The Board briefly discussed the need for an ordinance to control the proliferation of tractor-trailers, cargo containers and school busses being used as storage. The secretary was instructed to continue research to determine what steps have been taken by other towns to control this type of activity. There being no further business, Mr. Anderson moved to adjourn the meeting. Mr. Oldershaw seconded the motion which was passed. Chairman Rowehl adjourned the meeting at 9:35 PM.

Respectfully submitted,



Paul L. Vasques, Secretary
Antrim Planning Board.