ANTRIM PLANNING BOARD
Minutes of the February 2, 2006 Meeting
Members Present:
Mary Allen Fred Anderson Scott Burnside Bob Edwards Ron Haggett Renee Rabideau Ed Rowehl Brian Sawich Alex Snow
Members Absent:
Bob Bethel
Public Attendees:
James Rahn Robert Adams Ruth Herne Ted Clough
Chairman Burnside convened the meeting at 7:00 PM by designating Ms. Rabideau to sit for Mr. Bethel.
Mr. Haggett moved that the minutes of the January 19, 2006 meeting be approved as corrected. Mr. Sawich seconded the motion which passed.
File #2005-22PB Pierce Lake Estates II: Members reviewed the State subdivision approval
Mr. Haggett made a motion to approve the annual report for the 2005 Town Report. The motion was seconded by Mr. Sawich and passed.
Mr. Snow reviewed the final report of the Capital Improvement Committee.
Citizens’ Petition to Rezone Route 9: Members reviewed letters from Mr. Buschbaum and Mr. Baker-Salmon sent to the Limrik and a letter from Mr. Frosch sent to the NH Contender.
File #2005-05PB Homes at High Hills: A letter from NHDES to the Laubers requesting more information before granting a wetlands permit was reviewed.
A letter from the Building Inspector to Mr. Cone regarding violation of the 100-foot setback from the high water mark of Pierce Lake was discussed.
File #2005-10PB Matt & Diane Chauncey: A letter from NHDES granting Site Specific Permit # WPS-7383 for an excavation site was submitted.
Mr. Edwards is in the process of scheduling a meeting of the Growth Committee.
Mr. Sawich moved to adopt the changes to the Major and Minor Subdivision Regulations as presented at the January 19, 2006 public hearing and modified without significant changes on February 2, 2006. Mr. Haggett seconded the motion which passed.
Members agreed to reschedule the March 16th meeting to March 23rd because of a conflict with Town Meeting.
File # 2005-25PB James E. Rahn & Roger Adams: At 7:30 PM, Mr. Burnside opened the public meeting on the application of James E. Rahn and Robert F. Adams to operate a Bed & Breakfast establishment at 125 Keene Road. Antrim, NH 03440 which is in the Highway Business District. Mr. Rahn said that they proposed to reopen what was once known as the Steele Bed and Breakfast facility. It also had been a restaurant at one time. The last owners had purchased it for use as a summer residence. Mr. Rahn indicated that they would not be making any changes to the building or the property other than necessary maintenance and basic restoration. The property has not been maintained well. Recently the roof of the garage caved in because of snow. Mr. Rahn said that the Fire Chief had already inspected the facility but he wants to come back
to check the smoke detectors before the bed and breakfast activity begins. The Chief said that the building was adequate for the proposed use. Mr. Rahn noted that the building is already wired with emergency lighting. There are five bedrooms in the building. Three of them will be used for the bed and breakfast operation. The remaining two will be used by Mr. Rahn and his cousin. Only breakfast will be served. This is governed by State codes which establish what meals can be served based on kitchen facilities available. Mr. Rahn said they have no plans to serve other meals nor did they plan to handle functions such as weddings. It will not be operated as a banquet hall. Mr. Edwards was concerned about the use of the curb cut on Route 9. Mr. Rahn said that the driveway would only be used as an entrance to the property and that all traffic would exit on to River Road. He proposed to install sign(s) indicating the entrance and exit. Mr. Sawich asked if the septic system was rated for
five bedrooms. Mr. Rahn said he had contacted NHDES and they had no record of any septic design for the property. The Secretary has since researched it and found a septic design in the property file and has advised the applicant. Ms. Allen was concerned about the parking areas. Mr. Rahn said that they were already in place and were paved. He currently is having the driveways and parking areas professionally plowed after each storm. Mr. Edwards asked if the adjoining property with the cottages had use of his driveways. Mr. Rahn said that the old driveway had been blocked off at the property line with large boulders.
In addition to the bed & breakfast operation, the applicants propose to conduct a private school. Mr. Adams explained that it would not be a school per se but actually, workshops for continuing education in holistic and health related subjects. Attendance would be anywhere from six to twelve participants per session and classes would be held mostly on Saturdays and Sundays and mostly in warmer weather. Mr. Edwards wondered if there would be overlapping with patrons of the bed and breakfast. Mr. Rahn said that the B & B rooms would more likely be made available for the attendees of the workshops. Mr. Edwards inquired about handicapped accessibility. Mr. Rahn said he was advised by the Fire Chief that ADA requirements would only apply if he exceeded more than thirteen occupants. Mr. Rahn said that the only outdoor lighting is the light
over the garage which is on a sensor and he has no plans to add any more lighting.
Mr. Haggett moved to accept the application. Mr. Edwards seconded the motion. Roll Call Vote: Mr. Rowehl – aye, Mr. Edwards – aye, Mr. Sawich – aye, Ms. Rabideau –aye, Mr. Haggett – aye, Mr. Anderson – aye. Members reviewed the checklist which is in the file. Mr. Burnside asked for comments from abutters. Mr. Clough said he had no objection and was only concerned if major changes would be made to the property. Mr. Rahn assured him that there would be none.
Mr. Sawich moved to approve the application of James E. Rahn, File # 2005-25PB for a change of use of property located at 125 Keene Road, Antrim, NH, Tax Map 8C Lot 41 located in the Highway Business District. The applicant proposes to operate a bed and breakfast facility and a private school. 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 February 2, 2006 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 alteration and adhere to all building, health and fire codes.
If the waste disposal system fails, it is to be replaced with a State approved system.
Final approval is subject to NHDOT determination of the use of the Route 9 curb cut as an entrance
Final approval is subject to receipt of written recommendations from the Fire Chief
Mr. Edwards seconded the motion. Roll Call Vote: Mr. Rowehl – aye, Mr. Edwards – aye, Mr. Sawich – aye, Ms. Rabideau –aye, Mr. Haggett – aye, Mr. Anderson – aye.
Citizens’ Petition to Rezone Route 9: Members then deliberated on the citizens’ petition to rezone a portion of Route 9. Mr. Burnside asked that each member express their thoughts on the petition.
Mr. Sawich stated that he was on the fence because he felt that the current zoning was inadequate and did not meet the needs of the town and he felt that there was a need to study the matter of commercial property.
Mr. Edwards felt that that the Planning Board needs more time to study the matter.
Mr. Anderson said he could see both sides of the issue but felt that the petitioners were actually taking away peoples property rights. He felt that the business district down town was pretty filled up and a logical place would be to develop business on Route 9.
Ms. Allen felt that there is a process for determining zoning districts but it should require public input and felt that the matter requires more study.
Mr. Haggett stated that the Selectmen felt that the petition was premature and possible rezoning should be studied.
Ms. Rabideau felt the Board needs to look into it.
Mr. Snow said that the area is designed for low-density use and the original zoning back in the 70’s did not really fit the area. He felt that if the petition did not pass, the Board needed to work with the Growth Committee and the Master Plan Committee to study possible rezoning.
Mr. Rowehl felt that there is already very little commercial area in Antrim and that the Town should not surrender any of it.
Mr. Burnside said he could not support the petition. He felt that there were issues with both the Route 9 and the Route 202 corridors and that the Board needs to take a hard look at the matter.
Mr. Edwards placed the following motion on the floor. “Does the Board vote to support the citizens’ petition to rezone a portion of Route 9?” Mr. Haggett seconded the motion.
Before voting, the Secretary questioned whether alternates not designated to sit for elected members could vote on the motion. Mr. Burnside felt that the vote of all members should be reflected in the minutes. It was decided that all members would participate in a roll call vote; however, the Secretary was to contact Town Counsel for an opinion as to whether or not the vote of those alaternates not appointed to sit for elected members could be counted.
Role Call Vote: Mr. Burnside – nay, Mr. Rowehl – nay, Mr. Edwards – nay, Mr. Sawich – nay, Ms. Rabideau – nay, Mr. Haggett – nay, Mr. Anderson – nay, Ms. Allen – nay, Mr. Snow – aye. The motion was defeated.
NOTE: On February 3, 2006, the Secretary spoke with Mr. Mayer, Town Counsel regarding eligibility for voting. Mr. Mayer advised that only elected members and alternates appointed to sit for elected members can vote on matters that deal with the statutory responsibility of the Planning Board, i.e. matters pertaining to zoning ordinances and regulations. Alternates not appointed to sit for an elected member are not permitted to vote on such matters. Alternates not appointed to sit for elected members are allowed to vote on administrative and procedural matters such as meeting dates, approval of correspondence and similar non-statutory matters. Therefore, the votes of Ms. Allen and Mr. Snow noted above cannot be counted.
The final tally on the motion to support the petition to rezone a portion of Route 9 was seven nay votes.
Members reviewed a press release regarding the decision to not support the citizens’ petition and authorized the Secretary to distribute it to the local papers.
Mr. Sawich moved that the meeting be adjourned. M. Anderson seconded the motion which passed. Mr. Burnside adjourned the meeting at 9:45 PM.
Respectfully submitted,
Paul L, Vasques, Secretary
Antrim Planning Board
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