ANTRIM PLANNING BOARD MEETING
DRAFT
January 31, 2008 Meeting
Members & Staff Present: Mary Allen (Alternate), Scott Burnside (Vice Chair)
Bob Edwards (Member), Bradley Houseworth (Staff), Laurie Lemons (Staff),
Andrew Robblee (Member) Brian Sawich (Chair), Steve Schacht (Ex-Officio), Kathy Wasserloos (Member)
Member & Staff Absent: Joe Koziell (Alternate), Sandy Snow (Member)
Public Attendees: Sam Bonacci (Reporter, Monadnock Ledger - Transcript),
Michaela Chelminski, Tom Davis, John Kendall,
Charles R. Willeke
Chair Sawich convened the meeting at 7:00 PM and introduced himself, the Board members, and the Staff.
Approval of Planning Board Meeting Minutes: Mr. Edwards moved to approve the minutes of the January 17, 2008 Board meeting as presented, which was seconded by
Ms. Wasserloos, and was unanimously approved. Ms. Allen, Mr. Robblee, and Mr. Burnside abstained from voting on the approval of the minutes due to being absent at the January 17, 2008 meeting. Mr. Edwards moved to approve the minutes of the January 24, 2008 Board Site Walk meeting as corrected, regarding the Chelminski proposal to establish a retail store titled, 'Tribals Barn,' which was seconded by Ms. Wasserloos, and was unanimously approved.
IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal: Mr. Houseworth informed the members that Mr. Marrotte, Developer for IN-EX Homes, LLC, called this week to re-schedule/ continue his public meeting from January 31, 2008 to February 21, 2008, allowing him more time to complete the Boards' requests and requirements pertaining to the pending application.
Torino Development; File #2007-17PB; 7-Lot Major Subdivision Proposal: Mr. Houseworth informed the members that Karen O'Rourke, Engineer for Torino Development, called this week to re-schedule/continue the public meeting from January 31, 2008 to February 21, 2008, allowing them more time to work on changes pertaining to the pending application.
Public Hearing for Proposed Zoning Ordinance Changes: Chair Sawich opened the Public Hearing at 7:15pm to review the proposed Zoning Ordinance changes for 2008 to determine their final versions for the voting ballot for the March 11, 2008 election. Mr. Houseworth reviewed each proposal individually with the Board and encouraged public attendees to ask questions of the members and staff as they arise.
1) Article III - 2008 Proposed Definition Additions & Changes: Mr. Houseworth reviewed the proposed definition additions and revisions for Article III of the zoning ordinances. All of the proposed definition additions and changes were approved by the Board with the following exception: the Board agreed to delete the proposed "roof" definition. In addition, due to the proposed changes to the definition of 'patio,' the Board requested Mr. Houseworth delete the last line that stated "Patios may not have one or more any walls and are roofless". The proposed changes to Article III were approved by the Board to be placed on the ballot for the March 11, 2008 election.
2) Article XI-B - Establishment of an Aquifer and Wellhead Protection District: Mr. Houseworth reviewed the revised version of the proposed Article XI-B Aquifer and Wellhead Protection District and the associated GIS map, outlining those areas of Town where this proposed zoning ordinance would apply. It was suggested by Mr. Schacht that a definition for the term 'sludge' be added to section 3 (Definitions), which has been defined as item U in Section 3. Ms. Allen requested that the following language be deleted from the definition of 'sludge': "Sludge produced by the treatment of wastewater that contains human fecal material." The proposed adoption of Article XI-B (Aquifer and Wellhead Protection District) as a new zoning ordinance was approved by the Board to be placed on the ballot for the March 11, 2008
election.
3) Article XI, Section E. - Additions to the Special Provisions of the Wetland District: Mr. Houseworth reviewed the proposal to amend Article XI (Wetlands District), Section E to add a third criterion to the special provisions of the wetlands district. He explained that the staff is replicating a current regulation in the Town of Deering, NH which sets a minimum width of fifty (50') feet in order for uplands to be considered contiguous with one another. In addition, Mr. Houseworth proposed another change to the special provisions section of the Wetlands District, the insertion of the following language to the second provision: '…and shall be left in a natural woodland state,' which was deemed by the Board to be too restrictive and not necessary. After a brief discussion, the Board requested that the proposed change
to the second criterion of the special provisions of Section E. be deleted from the final ordinance proposal. The proposed change to add a third criterion to the special provisions (Section E) of Article XI (Wetlands District) was approved by the Board to be placed on the ballot for the March 11, 2008 election.
4) Article XIII, Sections A & B - Special Exceptions Criteria: Mr. Houseworth reviewed the proposed changes to Sections A & B of Article XIII (Special Exceptions), including the deletion of language in item # 4 of Section A which requires the Zoning Board of Adjustment to 'give due consideration to recommendations received from the Planning Board' prior to granting or denying any special exception request. After a brief discussion there were no additional changes proposed, and the proposed changes to Sections A. & B of Article XIII were approved by the Board to be placed on the ballot for the March 11, 2008 election.
5) Article XIV, Section J - Proposed Changes to Supplemental Regulations for Patios: Mr. Houseworth reviewed the proposal to amend the language for patios, found in Section J. of Article XIV - Supplemental Regulations. A minor change was made which essentially prevents patios with walls or roofs to be constructed within any required yard space setback. After a short discussion, the proposed changes to Article XIV, J. were approved by the Board to be placed on the ballot for the March 11, 2008 election.
6) Article XIV, Section N.3 - Amendment of Front Yard Setback Exceptions: Mr. Houseworth reviewed the proposal to amend Section N.3 of Article XIV to limit the front yard setback exceptions to the Village Business District and the Residential District, instead of allowing these exceptions in all zoning districts. After a short discussion, the proposed amendment to the front yard setback exceptions of Article XIV, N.3 were approved by the Board to be placed on the ballot for the March 11, 2008 election.
7) Article XIV, Section N.5 - Deck Setback Exceptions in the Lakefront Residential District: Mr. Houseworth reviewed the proposal to delete Section N.5 of Article XIV (Supplemental Regulations), which would remove the deck setback exceptions currently allowed in the Lakefront Residential District. Similar to the front yard setback exception of N.3, he stated that the deck setback exception encourages development of new decks into the one hundred (100') foot setbacks of the high water mark when an existing building is within one hundred (100') feet of the proposed new deck and also includes a deck which extends into the deck setback area. Mr. Davis stated he has strong reservations against deleting this section, believes it is a well thought out setback exception, and asked the Board to take into consideration the
time and thought process that originally went into making this deck setback exception. After a lengthy discussion among the Board members and public attendees present regarding the proposal to delete section N.5, the Board members present were split: three (3) members in favor of deleting the section and three (3) members in favor of keeping the section in place, and therefore Chair Sawich was the tie breaking vote. Chair Sawich voted for the deletion of this section. The proposed deletion of Section N.5 of Article XIV was approved by the Board to be placed on the ballot for the March 11, 2008 election.
Due to the time spent reviewing the proposed changes to the zoning ordinances for 2008,
Chair Sawich decided to temporarily close the final public hearing for the proposed
zoning ordinance changes and open the public hearings for the requests of Michaela Chelminski and John and Diane Kendall. Chair Sawich will reopen the final public hearing for the proposed zoning ordinance changes once the other applicants' requests where heard by the Board.
Michaela Chelminski; File #2007-18PB; Change of Use: Chair Sawich opened the public meeting at the request of Michaela Chelminski for a Change of Use for an Oriental Rug retail store titled, "Tribals Barn," on property located at 49 Main Street (Tax Map 103, Lot 94) in Antrim, NH 03440, located in the Village Business District. Mr. Houseworth referred the Board to the site walk meeting minutes dated January 24, 2008. Chair Sawich reminded the Board that this application as not been accepted to date due to the fact that the Board deemed that this proposal is a change of use to a retail store and not a home based business, as previously advertised by the planning staff. Mr. Houseworth explained that the staff therefore re-advertised Mrs. Chelminski's request as a Change of Use.
Chair Sawich asked Mrs. Chelminski to explain her proposal to the Board. After a short discussion and question and answer period between the members and applicant, Mr. Edwards moved to accept the application of Michaela Chelminski for a Change of Use for an Oriental Rug retail store titled, "Tribals Barn," on property located at 49 Main Street (Tax Map 103, Lot 94) in Antrim, NH 03440, located in the Village Business District. Ms. Wasserloos seconded the motion, which was unanimously passed by the Board. The roll call vote follows: Mr. Schacht - aye, Mr. Edwards - aye, Ms. Wasserloos - aye, Mr. Robblee - aye, Mr. Burnside - aye.
Chair Sawich closed the public meeting, opened the public hearing, and asked if anyone present would like to speak either in favor or against the request; there was no response. He then closed the public hearing and opened the public meeting for the Board's deliberation period to consider the merits of the proposal.
Chair Sawich requested that Mr. Houseworth go through the checklist with the Board to confirm that all requirements for a Change of Use have been met. Mr. Houseworth reviewed the department reports and stated that the Police Chief, Conservation Commission and Water & Sewer had no concerns regarding this request and there was no report received from the Road Agent. In addition, he explained that the Building Inspector did not have any issues with this request and stated it appears to have ample parking in the barn area for the proposed retail store. He also stated that the Fire Chief requested all exits doors be marked with exit signs, a 2 ½ pound fire extinguisher be placed in the retail space, and the three (3) smoke detectors hardwired together in the retail store be connected to the other smoke detectors
throughout the entire structure Mrs. Chelminski replied that she does have the required 2 ½ pound fire extinguisher in place and has contacted an electrician to rewire the smoke detectors so they are compliant with the Fire Chief's request.
Ms. Wasserloos moved to approve the application of Michaela Chelminski, File #2007-18PB, for a Change of Use for an Oriental rug retail store titled, "Tribals Barn," on property located at 49 Main Street (Tax Map 103, Lot 94) in Antrim, NH 03440, located in the Village Business District, with the following condition: " The applicant is to obtain an approval from the Fire Chief for life safety issues, including the installation of exit signs, 2 ½ lb. fire extinguishers, and hard wiring the three (3) smoke detectors in the retail store to the rest of the smoke detectors throughout the building." Mr. Robblee seconded the request, which was unanimously approved by the Board. The roll call vote follows: Mr. Schacht - aye, Mr. Edwards - aye, Ms. Wasserloos - aye, Mr. Robblee - aye, and Mr. Burnside - aye., Mr.
Houseworth informed Mrs. Chelminski that her proposal was approved by the Board and she would soon be receiving in the mail a notice of decision, signed and endorsed by the Chair, stating the approval and the conditions specified by the Board.
John & Diane Kendall; File #2008-01PB; Change of Use Chair Sawich opened the public meeting at the request of John & Diane Kendall for a Change of Use to operate a Bed & Breakfast establishment on property located at 48 Elm Avenue (Tax Map 229, Lot 5) in Antrim, NH 03440, located in the Rural District. Chair Sawich asked Mr. Houseworth to read the public notice aloud, which he did, and asked if all abutter return receipts were received by the staff. Mr. Houseworth confirmed that all returned receipts were received and informed the members that Mr. & Mrs. Kendall have already been granted the required a special exception to construct a conversion apartment and bed and breakfast establishment at the November 26, 2002 Zoning Board of Adjustment public hearing. He stated that one condition was placed on the
special exception approval by the Zoning Board of Adjustment, which was that the approval is 'subject to site plan review before the Planning Board for a Change of Use,' and therefore the applicant is now requesting a Change of Use from the Board.
The Board reviewed the applicant's packet and asked Mr. Kendall to present his proposal to the Board.
" Mr. Kendall explained that their intention is to have the ability to rent out extra room(s) on a nightly basis, with upscale accommodations, which would provide them with a way to generate additional income.
" He stated that there will always be one room available, maybe be two (2) rooms at times, depending on when Mr. Kendall's mother will be living in the conversion apartment.
" All rooms are compliant with current building code requirements, all improvements have been made, and a certificate of use and occupancy has been issued by the building inspector, Mr. Jeff Parsons.
" Mr. Kendall explained that Mr. Parsons encouraged him to get a new, NH DES approved septic system design for a new system to handle the additional bedrooms but is not required to install this new system until the existing septic system fails or leaks. The new septic system design is for 5.5 bedrooms.
" The conversion apartment has full utilities with a stove and refrigerator, while the other bedroom rental unit will have a small refrigerator and a microwave.
" Mr. Kendall explained that there is ample parking for four (4) additional cars, with a parking area roughly forty (40') feet wide by eighty (80') feet long.
" Mr. Kendall stated he would add additional lighting in the parking area along with a new sign designating the guest parking area.
" Applicant would like to keep the historic "Over East" theme of his property by putting a large sign on the barn that would read "Over East Farm". This is just a thought at the moment but the applicant wanted to go on record that he has an interest in doing this in the future.
" Smoke detectors are hard wired throughout the structure and the number and location of exits are acceptable for code. The conversion apartment has two (2) door exits and the other bedroom rental unit has one (1) door exit and (1) window exit; which is in compliance with the Fire Chief's request.
Mr. Edwards moved to accept the application of John & Diane Kendall for a Change of Use to operate a Bed & Breakfast establishment on property located at 48 Elm Avenue (Tax Map 229, Lot 5) in Antrim, NH 03440, located in the Rural District. Mr. Burnside seconded the motion, which was unanimously approved by the Board. The roll call vote follows: Mr. Schacht - aye, Mr. Edwards - aye, Ms. Wasserloos - aye, Mr. Robblee - aye, and Mr. Burnside - aye.
Chair Sawich closed the public meeting, opened the public hearing, and asked if anyone present would like to speak either in favor or against the request; there was no response. He then closed the public hearing and opened the public meeting for the Board's deliberation period to consider the merits of the proposal.
Chair Sawich requested that Mr. Houseworth go through the checklist with the Board to confirm that all requirements for a Change of Use have been met. Mr. Houseworth reviewed the department reports and stated that the Conservation Commission and Police Chief had no issues with the proposal. He stated that the Building Inspector noted there is existing parking and renovation work that has been permitted and inspected. and requested that the areas designated for "guests" be checked for ingress and egress requirements. He explained that the Fire Chief requested that the smoke detectors be installed and hardwired together in each unit and hallway, along with the requirement that there be two (2) means of escape from the upstairs bedroom rental unit. Mr. Kendall confirmed that the Fire Chief approves of the five
(5') foot wide window on the second floor being designated as the second means of egress for the upstairs, bedroom rental unit. Mr. Kendall also clarified for the Board that there are two (2) separate driveway entrances already in place, one which will be used by the guests to access the guest parking area. Mr. Edwards explained that typically the Board requires a site walk prior to approval but he is personally familiar enough with this property that he does not see the need for a site walk, unless anyone else on the Board feels they need to walk the property prior to approval. The Board unanimously agreed that a site walk was not necessary for this request.
Ms. Wasserloos moved to approve the application of John and Diane Kendall, File #2008-01PB, for a Change of Use to operate a Bed & Breakfast establishment on property located at 48 Elm Avenue (Tax Map 229, Lot 5) in Antrim, NH 03440, located in the Rural District, with conditions. Mr. Schacht seconded the motion, which was unanimously passed by the Board. The roll call vote follows: Mr. Schacht - aye, Mr. Edwards - aye, Ms. Wasserloos - aye, Mr. Robblee - aye, and Mr. Burnside - aye.
Mr. Houseworth informed Mr. Kendall that his proposal was approved by the Board and he would soon be receiving in the mail a notice of decision, signed and endorsed by the Chair, stating the approval and the conditions specified by the Board.
Public Hearing for Proposed Zoning Ordinance Changes (Cont.): Chair Sawich reopened the public hearing to review the proposed zoning ordinance changes for 2008 to determine their final versions for the voting ballot for the March 11, 2008 election.
8) Article XIV, Section O. Replacement of Section O (Cluster Housing Developments) with the proposed Article XIV-C Open Space Residential Development (OSRD): Mr. Houseworth reviewed a revised version of the proposed Article XIV-C Open Space Residential Development, which is proposed to replace Section O. of Article XIV. The Board had a lengthy discussion regarding whether to increase the minimum tract area for OSRDs from ten (10) acres to twenty (20) acres, as proposed by Mr. Beblowski at the last hearing. The Board agreed on a compromise of (15) acres for the minimum tract area for OSRDs. In addition, the Board had a lengthy discussion regarding whether to increase the minimum tract frontage for OSRDs from fifty (50') feet to one hundred (100') feet, as proposed by Mr. Beblowski at the last hearing. The Board agreed to
eliminate the minimum tract frontage requirement all together as there is no such requirement for tracts proposed for conventional subdivision designs. Mr. Edwards suggested that Mr. Houseworth speak with the Town Administrator and Town Counsel regarding what options the Board would have if a Homeowners Association dissolved, specifically in terms of the maintenance and ownership of the open space lot.
9) Article XIV, Section P - Revisions to Home Occupations Criteria: Mr. Houseworth reviewed the proposal by Chair Sawich to amend language of several criteria for Home Occupations in Section P of Article XIV, in order to make the criteria for home occupations consistent with the criteria for Home Based Businesses, found in Article XIV-A, Section 3. After a short discussion, the proposed amendments to the home occupations criteria of Article XIV, P. were approved by the Board to be placed on the ballot for the March 11, 2008 election.
10) Article XIV, Section S - Back Lot Criteria: Mr. Houseworth opened the discussion for Back Lots regarding whether to increase the minimum frontage requirement for back lots from fifty (50') feet to one hundred (100') feet, as suggested by some of the Board members and Mr. Beblowski at the last hearing. After a lengthy discussion among the members, the Board unanimously agreed to leave the current minimum frontage requirement for Back Lots at fifty (50') feet. The proposed addition of a fourth criterion to Section S. (Back Lots) of Article XIV (Supplemental Regulations), which clarifies that back lots may be further subdivided once established, was approved by the Board to be placed on the ballot for the March 11, 2008 election.
11) Article XVII - Amendments to the Sign Ordinance: Mr. Houseworth reviewed the proposal by Mary Allen to amend sections of the sign ordinance, Article XVII, which include refining the definition of a 'temporary sign' and moving items # 10 and 11 of Section B to Section D as items # 4.c. & d. and 5.d. & e., in order to clarify the existing requirements of the sign ordinance. After a short discussion, the proposed amendments to the sign ordinance, Article XVII, were approved by the Board to be placed on the ballot for the March 11, 2008 election.
Southwest Region Planning Commission's (SWRPC) DRAFT 'Access Management Plan - Review, Findings, and Recommendations for Antrim': Mr. Houseworth informed the members that we have a Planning Board Meeting on 2/7/08 with Mr. J.B. Mack, Planner from the SWRPC, regarding his recent completion of the draft document titled: 'Access Management Review, Findings, and Recommendations for the Town of Antrim, New Hampshire,' and dated 1/9/08. He stated that once the Board reviews Mr. Mack's plan, we can discuss how the Board would like to address the recommend changes to our subdivision and site plan review regulations and zoning ordinances, as they pertain to access management principles and guidelines.
Mr. Edwards moved to adjourn the meeting, which was seconded by Mr. Schacht, and was unanimously approved. Chair Sawich adjourned the meeting at 10:15pm.
Respectfully submitted,
Laurie Lemons, Planning Assistant
Antrim Planning Board
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