ANTRIM PLANNING BOARD
Minutes of the January 18, 2007 Board Meeting
Members & Staff Present:
Mary Allen Fred Anderson Bob Edwards Bradley Houseworth PersonNameAndrew Robblee Ed Rowehl
Brian Sawich Alex Snow PersonNamePaul Vasques
Kathi Wasserloos
Members and Staff Absent:
Scott Burnside Mike Genest Joseph Koziell Renee Rabideau
Public Attendees:
Diane Chauncey, CIP Ron Haggett, Selectmen Greg Jones
Lori Jones Ben Pratt, Selectmen Bill Prokop, CIP
Missy Taylor, CIP
Chairman Edwards opened the meeting at timeMinute3Hour197:03 PM by introducing himself, welcoming everyone for coming, and asking the members and staff to introduce themselves. He asked the public attendees to sign in and appointed Mr. Snow to sit in for the absent Mr. Burnside. He explained that the public hearing will be lead by the Town Planner, Paul Vasques, and encouraged public attendees to ask questions during the hearing at the appropriate times.
1st Public Hearing: Proposed Ordinance and Regulation Changes: Chairman Edwards opened the public hearing for the proposed changes to the Town zoning ordinances and subdivision and site plan review regulations that were reviewed and discussed by the Board at the last meeting on January 4, 2007. Mr. Vasques presented information packages regarding the proposed changes and explained that each item will be addressed separately and members of the public, as well as board members, were free to comment on the proposed changes. Each item presented follows. Minor changes made in the wording are italicized.
Following are proposed changes to the definitions:
1) DUPLEX: A dwelling that was initially designed and constructed to contain two (2) dwelling units. The owner of the dwelling is not required to reside on the property and the dwelling units may be rented to the general public. See Article XIV Supplemental Regulations.
2) SINGLE FAMILY: A dwelling containing one dwelling unit.
3) ACCESSORY LIVING UNIT: A separate dwelling unit where at least one member residing in the dwelling unit is related to the property owner by blood, marriage or adoption or be a family caregiver. The dwelling unit may not be rented to the general public, the owner of record must reside on the property, and the utilities are not separately metered. See Article XIII Special Exceptions.
4) CONVERSION APARTMENT: The remodeling of a building to include two (2) dwelling units or the remodeling of a single-family dwelling into two separate dwelling units. Where the dwelling unit(s) is/are rented to the general public as a residence.
5) ELDERLY HOUSING: A dwelling or group of dwellings whose residency is restricted to persons fifty-five (55) years of age or older, or couples where one family member is at least fifty-five (55) years of age. The housing does not provide nursing care or medical care under the direction of licensed health care professionals. See Article XIII Special Exception.
6) TOURIST HOME: A furnished dwelling unit rented to transients for a period of less than 180 days and subject to the NH meal and room tax. Tourist Homes provide private bathroom and kitchen facilities. Meals and cleaning services are on a self-service basis. Sometimes known as Corporate Housing.
7) BOARDING HOUSE: A building containing rooms rented for sleeping purposes by permanent residents and where only a general kitchen and dining accommodations may be provided within the building or in any accessory building. Boarding houses may or may not provide private bathrooms.
8) HOTEL: A building containing rooms rented for sleeping purposes by itinerant travelers for short-term shelter and subject to the NH meals and room tax.
9) placeINN: See Hotel.
10) EASEMENT: An interest in property owned by another that entitles its holder to a specific limited use.
11) COMMERCIAL: Engaging in a business, enterprise or other undertaking for profit or non-profit. A change of ownership in a commercial enterprise requires a Certificate of Use and Occupancy which cannot be issued without written approval of the Fire Chief and Police Chief. An approved site plan review is required prior to the commencement of the proposed activity unless the enterprise (1) is a Home Occupation or (2) is not a ‘Change of Use.’
12) HOME BASED BUSINESS: Any commercial activity engaged in by the resident or residents of a property that is clearly secondary to the use of the property as a residence and that meets at least one of the criteria for a Home Based Business listed in Article XIV Supplemental Regulations. (Requires Site Plan Review)
13) HOME OCCUPATION: Any commercial activity carried on entirely within a dwelling or other structure accessory to the dwelling by the resident thereof and does not meet any of the criteria for a Home Based Business listed in Article XIV Supplemental Regulations. (Does not require Site Plan Review)
14) FRONT YARD: For the purpose of establishing setbacks, the front yard shall be determined by the 911 address.
Following are proposed changes to the ordinances:
1) Swimming Pool Setbacks: Article XIV paragraph K.3 of the Supplemental Regulations. to read:
“The pool, including any above-ground decking, shall be within the setback lines for the zoning district in which the pool is located.”
2) Criteria for Duplex Housing: Article XIV, paragraph X Duplex Housing to read:
a. Each duplex shall be served by a single curb cut only.
b. The units shall be separated by a firewall per the BOCA Building Code
c. Each unit must have separate and independent heating/cooling and electrical systems
d. There shall be no interior egress between units.
3) Accessory Living Units (Special Exceptions): Article XIII, paragraph D.6 Accessory Living Units subparagraph a. to read:
a. The unit shall be within or attached to the primary dwelling unit. A detached accessory living unit is allowed when located on a lot that has twice the minimum required lot size.
Article XIII, paragraph D.6 Accessory Living Units subparagraph k. to be deleted
4) Minimum placeLot Sizes for Duplex Housing: Article X Steep Slopes District and Article XI Wetland District to have the following paragraph added:
“4. Duplex dwellings with more than five (5) bedrooms shall have 15% more area for each
additional bedroom over and above that required for a five-bedroom, duplex dwelling.”
5) Criteria for Home Based Business: Article XIV, paragraph P. Home Occupations or Home Based Business to be deleted and replaced with the following:
I. Purpose
A. Permit residents of the community the use of their homes as a place of livelihood for the production or supplementing of personal and family income.
B. Protect the community at large and neighboring properties from potential adverse impacts of activities associated with home based businesses.
C. Establish regulatory criteria and standards for home based businesses.
II. Definitions
Home Based Business - Any commercial activity engaged in by the resident or residents of a property that is clearly secondary to the use of the property as a residence. Any activity that meets at least one of the below listed criteria will be considered a Home Based Business for purposes of this ordinance.
III. Criteria for Home Based Business
Any activity that meets at least one of the below listed criteria will be considered a Home Based Business for purposes of this ordinance.
A. The commercial activity on the premises is not performed entirely within a dwelling or structure accessory to the dwelling.
B. The number of on premises, non-resident employees is greater than one.
C. Changes the residential character of the property in any visible manner.
D. Shows exterior evidence of the commercial activity except for signs as permitted in article XVII of Antrim’s zoning ordinances.
E. Displays or stores materials, goods, supplies or equipment outdoors.
F. Parks or stores more than two (2) vehicles used in the commercial activity on the premises.
G. Involves the presence of mechanical equipment used in a business.
IV. Constraints
Home Based Businesses must:
A. Not create objectionable noise, odor, vibration, smoke, dust, heat, glare or unsightly conditions noticeable off the premises.
B. Not create electronic interference.
C. Not create a safety, health, or environmental hazard.
D. Provide for adequate off-street parking facilities for employees and visitors.
E. Not be allowed in Multi-family dwellings.
V. Administration and Enforcement
A. Home Based Business Permit
i. Purpose – The purpose of a home based business permit is to:
1. Ensure the applicant understands the conditions set forth in the ordinance for the operation of a home based business.
2. Gives the town access to data that can be used to assess the economic vitality of the community and develop appropriate planning ordinances and regulations.
ii. Authority – The Planning Board has the authority to grant home based business permits. after conducting an appropriate Site Plan Review
iii. Home Based Businesses require a home based business permit in order to operate.
iv. Appeals – The decision of the Planning Board may be appealed to the Antrim Zoning Board of Adjustment.
v. Time period – Home Based Business Permits are granted for an indefinite time period or until a change of ownership.
vi. The Board of Selectmen has the authority to revoke a home based business permit upon a determination that the home based business is not in compliance with the conditions set forth in this ordinance.
vii. Site Plan Review – The Planning Board will require a Site Plan Review when:
1. Any existing commercial activity being performed rises to the level of a home based business.
2. Any change of use that results in the commercial activity meeting the criteria for a Home Based Business.
Following are proposed changes to the regulations:
1) Remove requirement for a note on the plat noting conditions of approval: The following is to be deleted from Section V, B.4.a.6. and C.2.a.6 of the “Antrim Subdivision and Site Plan Review Regulations”
“The plan shall have a note which reads, “Subject to conditions as noted in the Decision of approval granted (date).” (Amended 2/2/06)
2) Establish a time frame within which conditions of approval must be met: The following paragraph to be added to Section IV: Procedure, C. Board Action on Completed Application, of the “Antrim Subdivision and Site Plan Review Regulations”:
“5. Unless otherwise stated, all conditions of approval granted by the Planning Board must be met within one year from the date conditional approval is granted. Failure to meet this one-year deadline by the applicant will result in the approval being deemed null and void. The applicant may file an application with the Planning Board to extend the deadline for meeting conditions, providing that such filing is received by the Planning staff thirty (30) days prior to the expiration date.”
3) Road Acceptance Policy: Incorporation of the “Antrim Road Acceptance , Reopening and Reclassification Policy” as approved by the board of Selectmen on June 26, 2006 and the Planning Board on July 6, 2006 as an appendix to the Subdivision and Site Plan Review Regulations.
4) Seven-day requirement for drawings and information: The following paragraph to be added to Section IV: Procedure, C. Board Action on Completed Application, of the “Antrim Subdivision and Site Plan Review Regulations”:
“6. Changes to drawings and information requested of the applicant during the review process shall be submitted to the Town Planner seven (7) calendar days prior to the date of a continued hearing. Failure to do so may, at the discretion of the Planning Board Chairman, result in the scheduled hearing to be cancelled and rescheduled to a later date.”
5) Procedure for the acceptance of an application: The existing Section IV, paragraph B.2 to be deleted and replaced with the following:
“2. The Planning Board shall use the requirements of these regulations to determine if an application is complete. An application must be either accepted or rejected, by roll call vote of the Planning Board, within 30 days of receipt of the application. An application will be accepted as complete if all requirements of these regulations have been met. However, if there are any missing components to the application, checklist, or plat(s), the applicant should/must submit written waivers for the missing items and/or if written waivers are not applicable or submitted, the Planning Board reserves the right to accept a partially completed application if it determines there is sufficient information to allow the board to begin deliberation, that missing items will be received in a timely manner, allowing deliberation to
be completed and an informed decision rendered, within the statutory allotted time. Acceptance of an application as complete does not ensure approval of the application. In cases of non-acceptance of any application submitted to the Board, the grounds for such non-acceptance shall be stated in the minutes or records of the Planning Board and the applicant shall be notified of the action taken in writing not more than ten (10) days after the date of such action.”
6) Recording of Plats: The existing Section X: Recording of Plat to be deleted and replaced with the following:
“Section X: Recording of Plats
A. Subdivision plats shall be recorded by the Planning staff within thirty (30) days of receipt of the final drawings. Plans to be recorded will have all the required signatures, and any expenses for filing will be borne by the applicant in advance.
B. Prior to the recording of any plats in the registry of deeds which are not subdivisions, the surveyor shall file, for information purposes only, a copy of the survey with the Planning Board.”
Mr. Sawich moved to close the public hearing, which was seconded by Mr. Snow and unanimously passed. Following the public hearing Mr. Rowehl moved to adopt all the proposed ordinance changes as reviewed and corrected on this night, January 18, 2007, and put them on the March 13, 2007 ballot. Mr. Robblee seconded the motion which passed unanimously. Ms. Allen moved to adopt the proposed subdivision and site plan review regulations as presented and corrected on this night, January 18, 2007, becoming effective immediately, which was seconded by Mr. Sawich and unanimously approved.
Capital Improvement Plan: Mr. Snow advised members that the CIP was finalized and made a PowerPoint presentation to the Board explaining the various requests by the many municipal departments over the next six (6) years. Several questions were raised regarding the final CIP and answered by Mr. Snow, the CIP Committee, the Town Administrator, and the Selectmen. Following the presentation by Mr. Snow, Mr. Sawich moved to accept the Capital Improvement Plan (CIP) as presented, which was seconded by Ms. Allen. The Board thanked the CIP Committee for their presentation and hard work on the plan.
Approval of Planning Board Meeting Minutes: Mr. Sawich moved to approve the minutes of the January 4, 2007 meeting as corrected, which was seconded by Ms. Wasserloos and unanimously passed. Ms. Allen abstained from the vote on the approval of the minutes.
Kateco Developing, LLC File # 2005-05PB - Payment of construction monitoring fees: Mr. Vasques provided the Board with a copy of a letter he sent to John Cook, Kateco Developing LLC, dated January 11, 2007, regarding the nine thousand ($9,000) dollars that is still owed to Underwood Engineering for the current and projected costs to monitor the project and the construction of the roads. He explained to the Board that Mr. Cook is still questioning the additional nine thousand ($9,000) dollars that Underwood Engineering is requesting due to the extra time, money, and resources spent monitoring the roads construction. Mr. Vasques stated that he received a letter from Underwood Engineering detailing the hours spent on inspecting and monitoring the road construction for this project and he
forwarded it to Mr. Cook for his review. He stated that he told Mr. Cook that if he has any questions about the time spent, he should contact Underwood Engineering directly to work out between the two parties how much the charges should be. Mr. Vasques explained that the Board and Town contracts out professional engineering services for a reason, and the Board’s policy has been to support whatever Underwood Engineering deems to be adequate for the monitoring and the inspecting of a project. Chairman Edwards stated that he supports Mr. Vasques and his actions and supports the Board’s policy of accepting whatever Underwood Engineering deems necessary to have the project built to proper specifications. Mr. Vasques explained that he is requesting that the nine thousand ($9,000) dollars be received by January 31, 2007 or the Board will pursue one or more of three courses of action: 1) Apply a tax lien to the property, 2) Call the Bond, or 3) Not issue
any building permits.
Kateco Developing, LLC File # 2005-05PB – Declaration of Covenants: Mr. Vasques provided the Board with a copy of a letter he will be sending to John Cook, Kateco Developing LLC, dated January 18, 2007, regarding the necessity to register the Homeowner’s Declaration of Covenants for the Homes at High Hills subdivision with Hillsborough County Registry of Deeds. He explained to the Board that until these covenants are registered, no building permits will be issued for the subdivision. He also stated in the letter to Mr. Cook that if any changes were made to the covenants that were previously approved by the Planning Board, then the amended covenants must be resubmitted to the Board for approval and reviewed by Town Counsel before being filed at the registry of deeds. He
also made Mr. Cook aware of the fact that a notice of limits of municipal responsibility for the private road, addressStreetGreen Ridge Road, needs to also be recorded with the registry of deeds.
Redneck’s Status: Mr. Vasques advised the Board that the planning staff and the building inspector met with Mr. Wheeler, owner and operator of Redneck’s Bar and Grill, on or about January 11, 2007 regarding the necessity for a site plan review. He explained that at the time of the meeting, it was unknown whether or not Mr. Wheeler would need to come in front of the Board for a site plan review and planning staff was waiting on a response to that question from Town Counsel. Mr. Vasques explained that Town Counsel’s response was that Mr. Wheeler does not need a site plan review because it is not a change of use. Mr. Vasques explained that the planning staff and building inspector did require Mr. Wheeler to obtain a certificate of use and occupancy for his commercial
activity before the end of his ninety day (90) temporary occupancy and operation permit expires. Mr. Anderson asked if Mr. Wheeler had met already with the fire chief, Mr. Vasques replied that it appeared that he hadn’t met with the fire chief but Mr. Wheeler stated that he had intentions to do so. Mr. Vasques also stated that he asked Mr. Wheeler if he had received anything in writing from the fire chief regarding the necessary changes that were required to address life and safety issues, and Mr. Wheeler replied no. Mr. Vasques mentioned that the list he received from the fire chief was slightly different than which Mr. Wheeler had verbally received from the fire chief. Mr. Vasques explained that he told Mr. Wheeler that once the site plan review issue was settled, he would send a letter to Mr. Wheeler reiterating all of the necessary changes that were required by the fire chief and the building inspector.
Steele Pond Development, LLC File # 2006-04PB–Status of Excavation Site Application: Mr. Vasques reminded the Board that in early 2006 Steele Pond Development, LLC originally filed for an application for an excavation site from the Planning Board. He stated that they began the process but during this time the Town decided to purchase the property and use it as an excavation site for road maintenance purposes. He explained that therefore the original application was never accepted by the Board nor was the file ever officially closed. He stated that Steele Pond Development, LLC has since filed for another application to the Planning Board for a minor subdivision (File # 2006-22PB) and the Town is in the process of buying or leasing the property to be used as an excavation pit. Mr. Vasques asked the Board to make a motion to deny the application and officially close the file. Mr. Sawich moved to deny the application of Steele Pond Development, LLC (File # 2006-04PB) for an
excavation site on the grounds that the application was significantly incomplete. The motion was seconded by Mr. Snow and unanimously passed. Mr. Vasques stated that he would send a letter and notice of decision to Casey Hayes, the surveyor and applicant, regarding the Board’s decision on the matter and would officially close the file.
CBS Holdings, LLC File # 2006-01PB – Outstanding Balance Letter: Mr. Vasques advised the Board of a letter he has drafted and will send to Leigh D. Bosse concerning an outstanding balance of one thousand ($1,000) dollars to the Town which was paid to and required by Underwood Engineering for their additional peer review services regarding the resubmission of drainage designs for the culvert in the Cloud Court subdivision off of Rt. 31. He stated that as defined in a letter dated October 12, 2006, Underwood Engineering was compensated with Town funds for the above mentioned additional peer review services but the Town has not yet received the requested payment from Mr. Bosse for one thousand ($1,000) dollars, which is in accordance with the “Agreement for Plan Review,” dated
February 8, 2006. Mr. Vasques explained that he made it clear in the letter that final approval for the subdivision cannot be granted without this payment and furthermore, if no action is taken by the end of March 2007, Mr. Bosse will be asked to come back in front of the Board to explain what has been done regarding the conditions of approval for this application since it will be one year since the Board granted conditional approval on April 6, 2006.
Zeke and Mack’s Realty, LLC File # 2006-11PB – Reclamation Bond: Mr. Vasques provided the Board with a copy of the cover letter of the Reclamation Bond (Bond No. 0118613) for Zeke and Mack’s Realty, LLC for thirteen thousand, two hundred ($13,200) dollars for any necessary reclamation to the site off of Elm Avenue, Tax Map 8A, Lot 23. He explained that the bond was signed, sealed, and dated on January 5, 2007 and is an agreement between the Town of Antrim and Francestown Sand and Gravel, Inc.
14th Annual Spring Planning and Zoning Conference (NH OEP): Mr. Vasques advised the Board that the New Hampshire Office of Energy and Planning (NH OEP) is holding another planning and zoning conference in the spring of 2007 on Saturday, April 28, 2007 at the PlaceTypeCenter of PlaceNameNH, Radisson Hotel, in placeCityManchester, StateNH. He recommended that any Board members that haven’t attended this type of conference before should sign up and attend this one, specifically the sessions explaining the basics of planning and zoning boards.
Driveway Permit Form – Final Approval: Mr. Houseworth provided the Board with a copy of the final draft of the revised ‘Permit to Build a Driveway’ form in order for the members to review it, provide final approval, and make a motion to adopt it. A few minor changes were suggested and made to the language on the form, but the format remained the same. Mr. Anderson made a motion to accept and implement the ‘Permit to Build a Driveway’ form as presented and corrected, which was seconded by Mr. Sawich and unanimously approved.
Creation of a Certificate of Occupancy Form and proposed changes to Article III Definitions & Article XVIII Administration & Enforcement of the Zoning Ordinance: Mr. Houseworth provided the members with a draft version of the newly created ‘Certificate of Use and Occupancy’ form for their review and comment. He explained that due to the fact that the Board is proposing to amend the definition of commercial in the zoning ordinances, requiring a ‘Certificate of Use and Occupancy’ for all changes in ownership of commercial enterprises, it was therefore necessary to draft a ‘Certificate of Use and Occupancy’ form. Mr. Houseworth explained that in addition to the creation of the form itself, he suggested changing the language of the definition of
‘Certificate of Use and Occupancy’ in Article III definitions and suggested changes to the language of Article XVIII, regarding the administration and enforcement of the zoning ordinances. Mr. Houseworth also provided the members with a memo describing the proposed changes to the ‘Certificate of Use and Occupancy’ definition and the proposed changes to Article XVIII. He asked the members to take some time before the next meeting to review these documents and provide feedback.
Permit form for Home Based Businesses: Mr. Houseworth provided the members with a draft version of the newly created ‘Home Based Business Permit’ form for their review and comment. He explained that due to the fact that the Board is proposing to amend paragraph P. of Article XIV Supplemental Regulations regarding the administration and enforcement of home based businesses, requiring a home based permit, it was therefore necessary to draft a ‘Home Based Business Permit’ form. Mr. Houseworth asked the members to take some time before the next meeting to review the permit form and provide feedback and suggest changes.
Special Planning Board Meeting: Mr. Houseworth advised the members that a special planning board meeting has been scheduled for Monday, February 5, 2007 at 7:00 PM at Town Hall for the final public hearing. He stated that the reason for the final public hearing is to address the necessary changes to Article XII - Floodplain Development District of the Town of placeCityAntrim Zoning Ordinances and paragraph Q. Special Flood Hazard Areas of Section IX -General Standards and Requirements of the Antrim Subdivision and Site Plan Review Regulations as required by FEMA for the adoption of the new Flood Insurance Rate Maps (FIRM) and continue participation in the National Flood Insurance Program (NFIP).
Master Plan: Members were advised that Ms. Taylor is editing and compiling a draft of the complete plan and is planning a meeting to review the draft in early February.
Mr. Sawich moved that the meeting be adjourned. Mr. Anderson seconded the motion which passed. Mr. Edwards adjourned the meeting at 10:30 PM.
Respectfully submitted,
Bradley J. Houseworth, Planning Technician, Antrim Planning Board
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