ANTRIM PLANNING BOARD MEETING
January 8, 2009 Meeting
Members & Staff Present: Scott Burnside Diane Chauncey Missy Taylor
Sandy Snow Paul Vasques Kathi Wasserloos CR Willeke
Member & Staff Absent: Andrew Robblee Joe Koziell
Public Attendees: Parris Welles Paul Hebert
Public Meeting: Vice-Chair Snow convened the public meeting at 7:18 PM, and appointed Mr. Willeke to sit for the absent Mr. Koziell.
Approval of Planning Board Meeting Minutes: Mr. Schacht motioned to approve the minutes of the December 18, 2008 Board meeting as corrected. Mr. Willeke seconded the motion and the minutes were unanimously approved by the Board.
7:15 Public Hearings: Vice-Chair Snow opened the Public Hearing to review the proposed changes to the Antrim Zoning Ordinance and The Antrim Subdivision & Site Plan Review Regulations. The proposed changes to be discussed were those presented in the handout that had been prepared for the Public Hearing.
Antrim Zoning Ordinance
1. Changes to Article V, C. Highway Business District, Lot Requirements (Areas not
served by water and sewer) 1.
e. Minimum side yard setback: Twenty (20) feet from property lines for residential property and fifty (50) twenty (20) feet from property lines for commercial and industrial property.
f. Minimum rear yard setback: Fifty (50) feet twenty (20) feet
The Board members discussed that by amending these sections of Article V, the requirements would match the minimum twenty (20) feet side yard and rear yard setbacks from property lines in all zoning districts. Vice-chair Snow solicited comments from the public attendees. There were no comments. Mr. Burnside made a motion to amend Article V. C.1.e. & f. of the Highway Business District to read as stated above. Mr. Schacht seconded it. Roll call vote: Ms. Taylor, aye; Mr. Burnside, aye; Vice -Chair Snow, aye; Mr. Schacht, aye; Mrs. Wasserloos, aye; and Mr. Willeke, aye. The proposed ordinance change will be a ballot question on the 2009 Town Warrant to be voted on, March 10, 2009.
2. Changes to Article XI-A - Shoreland Protection District The changes to the Article XI-A Shoreland Protection District of the Antrim Zoning Ordinance were proposed to insure compliance with the State of NH's Comprehensive Shoreland Protection Act (RSA 483-B) which became effective July 1, 2008. Vice-Chair Snow asked Mr. Vasques if there had been any concerns from residents. Mr. Vasques stated that Mr. Chris Salmon (resident in the Shoreland District) is concerned with Section 5. Prohibited Uses, c. Bulk storage of chemicals
Mr. Salmon explained (via a phone call) he had conducted extensive research and was not able to find a legal definition for the word 'chemical'. He was concerned that 'chemical' could describe An innocuous substance such as a detergent An innocuous After a short discussion, Mr. Burnside made the motion to eliminate 'c. Bulk storage of chemicals' and renumber the following paragraphs. He felt that 'd. Bulk storage of petroleum products or hazardous materials' would cover chemical storage. The motion was seconded by Mr. Schacht. Roll call vote: Ms. Taylor, aye; Mr. Burnside, aye; Vice -Chair Snow, aye; Mr. Schacht, aye; Mrs. Wasserloos, aye; and Mr. Willeke, aye. This proposed change requires a second Public Hearing (January 29, 2008).
Section 13. Relationship Between State and Local Requirements
Ms. Taylor questioned the stylistic use of the phrase 'Town of Antrim' rather than the word 'municipality' used later in the same paragraph. She questioned if Town Counsel had reviewed the proposed changes. Mr. Vasques assured the Board that the proposed changes had been reviewed by town counsel and that 'municipality' did not appear to be a problem. The Board decided to leave it as it is presently worded.
Section 10. Minimum Lot Requirements f. Building Heights. No structure within the Shoreland District shall exceed 2 1/2 stories or 35' in height as measured from average ground level around the structure to the highest point on the roof excluding chimneys.
Town Counsel in a letter dated January 7, 2009 (RE: Proposed Zoning Amendments) expressed concern with Section 10 (f) which provides that 'no structure within the Shoreland District shall exceed 2 1/2 stories or 35' in height…". His question was "What is the controlling standard, 2 1/2 stories or 35'? Is it whichever is the greater height, or the lesser height?"
The Board discussed the controlling standard. Some members thought the regulation was meant to protect the view of waterfront residents. Some Board members felt that the height should be raised to 40'. There was a long discussion of where to start the measurement; the finished grade; the height of a structure and/or story; and that the roof pitch should be considered. Vice Chair Snow asked if any of the public attendees would like to comment. Mr. Wells and Mr. Hebert questioned why the regulation should be so restrictive. They liked the 40' height.
Mr. Burnside moved to amend paragraph f t read as follows:
f. Building Heights. No structure within the Shoreland District shall exceed 40’ in height as measured from finished grade level at sill location to the highest point on the roof excluding chimneys.
The motion was seconded by Mr. Willeke. Roll call vote: Ms. Taylor, aye; Mr. Burnside, aye; Vice -Chair Snow, aye; Mr. Schacht, aye; Mrs. Wasserloos, aye; and Mr. Willeke, aye. A second hearing (January 29, 2008) will include this proposed change.
Mr. Vasques suggested that the Board should (at a future Board meeting) review the “Maximum height for all buildings” in the remaining zoning districts and decide if they should be changed to conform with those of the Shoreland Protection district.
Article XIV-B Personal Wireless Service Facility (PWSF)
Section 5 -Use Regulations, d. Ground Mounted Facility
Currently this section requires the applicant to apply to the Planning Board for a full site plan review, and receive approval, before obtaining the necessary special exception from the Zoning Board of Adjustment. This did not make a lot of sense to the Board or Town Counsel for an applicant to conduct a full site plan review and then have the possibility that the special exception be denied by the ZBA. The Board proposes the following revisions:
Ground Mounted Facility: A ground mounted PWSF may be constructed by Special Exception from the Zoning Board of Adjustment as outlined in Article XIII. A ground mounted PWSF will also require completion of a full site plan review and approval from the Planning Board.
Mr. Schacht made the motion to amend Article XIV-B as stated above. Mr. Burnside seconded it. Roll call vote: Ms. Taylor, aye; Mr. Burnside, aye; Vice -Chair Snow, aye; Mr. Schacht, aye; Wasserloos, aye; and Mr. Willeke, aye.
Article XIV –D Small Wind Energy Systems
Article XIV-D would be a new ordinance that is modeled after the NH Office of Energy and Planning ordinance. The Board and two public attendees discussed some of the following issues concerning small wind turbines:
· Height of the tower
· Noise level
· Compliance with Federal Aviation Administration requirements
· Meteorological towers and their temporary basis
· Building permits and permitting process
· Battery storage
· Abandonment of a tower
· Color of energy system
· Approved Wind Generators
Mr. Burnside motioned to amend Section D.(Standards),1. h.ii to read as follows:
ii )The color of the small wind energy system shall be a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include but are not limited to white, off-white, gray, or black.
Mr. Schacht seconded the motion. Roll call vote: Ms. Taylor, aye; Mr. Burnside, aye; Vice -Chair Snow, aye; Mr. Schacht, aye; Mrs. Wasserloos, aye; and Mr. Willeke, aye.
Following extensive discussion, Mr. Burnside motioned to remove the Section D. (Standards) 1.i concerning the approval of wind generators by the California Energy Commission or the New York State Energy Research and Development Authority or a similar list approved by the state on NH, if available.” Mr. Schacht seconded it the motion. Roll call vote: Ms. Taylor, aye; Mr. Burnside, aye; Vice -Chair Snow, aye; Mr. Schacht, aye; Mrs. Wasserloos, aye; and Mr. Willeke, aye. A second hearing (January 29, 2008) will include this proposed change.
Changes to Section IV (Procedures) for Subdivision & Site Plan Review
Due to the complexities involved with the proposed revisions to this section of the Subdivision Regulations, Mr. Vasques suggested that the Board consider deferring a discussion of the changes to another meeting. The Board agreed.
Vice-Chair Snow closes the Public Hearing for changes to the zoning ordinances and Subdivision and Ste Plan Review Regulations.
Business Meeting:
Mr. Vasques presented an updated Planning Board roster and asked all members to review the information for changes, additions, or deletions and to forward new information to the Planning Assistant.
Mr. Vasques called the Board's attention to the fact that Mr. Burnside and Mr. Robblee’s terms expired in March of 2009. Also Ms. Taylor’s appointment to fill a vacant member’s seat also expires in March 2009 even though two years remain on the term. If Ms. Taylor is interested she would need to run for election for the remaining two years. The period to file with the town clerk for an elective position is from January 23rd thru January 30th. Mr. Vasques strongly recommended that existing board members file for these positions to avoid the possibility of write in candidates.
PWSF Ordinance: Members were asked if anyone needed a copy of the ordinance in view of the fact that it was likely we would have an application for a facility in the not to distant future. All Board members have copies.
Master Plan – Chapter Review Session: Ms. Taylor lead the discussion of the Master Plan Update. She stated that all chapters have been reviewed by the Planning Board members She asked that Mr. Vasques post the revised chapters to the website for public comment. The Board discussed the need to finalize the plan. The consensus was that Ms. Taylor will provide the Planning Department with a complete plan containing all chapters no later than February 5th. The Planning Department will prepare copies for all the members. A date will then be set for final revisions by members of the board and the public as well as a date for public hearings.
Status of the Conditions of Approval for In’Ex Homes, LLC Major Subdivision off Pleasant Street A registered return receipt letter requesting past due payment of peer review fees has been sent. The appellant was advised that no further action on his application would be taken until said payment was made. There has been no response from the owner as of this date.
Correspondences:
Torino Development: Notification of extension to meet conditions of approval A letter acknowledging the extension of the time period to meet the conditions of approval for File #2007-17PB, Parcel 216-001 was sent to the applicant.
Goffstown: Hearing for modifications to a cell tower FYI
Hancock: Hearing for a Personal Wireless Service Facility A hearing before the Hancock Selectmen will take place on January 12, 2009 at 7:00 PM to consider a Personal Wireless Facility building permit application submitted by Industrial Tower and Wireless, LLC.
DES Workshop January 21, 2009 FYI
Code Enforcement:
Code enforcement: LaValley
New Business from the Floor:
· Mr. Willeke asked if there is a possibility to construct a wind tower on Town of Antrim property. Mr. Snow will submit the request to the Antrim Energy Conservation Committee.
· A Workforce Housing (aka Inclusionary Housing) Law has been passed and will become effective July 1, 2009. The Planning Board should review the existing ordinances to insure compliance with the new law and propose whatever amendments may be required. Mr. Vasques will contact Southwest Region Planning Commission for guidance.
At 9:20 pm, Ms. Taylor moved to adjourn the meeting which was seconded by Mr. Schacht and unanimously agreed upon by all. Vice-Chair Snow adjourned the meeting.
Respectfully submitted,
Diane Chauncey, Planning Assistant
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