ANTRIM PLANNING BOARD MEETING
December 17, 2009 Meeting
Members & Staff Present:
Diane Chauncey (Staff) Jenn Clifford (Alternate) David Dubois (Alternate)) Peter Moore (Planner) Andrew Robblee (Member) Sandy Snow (Member)
Member & Staff Absent:
Scott Burnside (Chair) Jesse Lazar (Alternate Steve Schacht (Ex-Officio)
Kathi Wasserloos (Member) CR Willeke (Vice-Chair)
Public Attendees:
Dennis McKenney
7:00 Review Period:
· Appoint alternates to sit for absent members:
Mr. Dubois for Mr. Koziell, Ms. Clifford for Mrs. Wasserloos
· Review the Minutes of the December 3, 2009
· Review plans for minor subdivision
7:15 Public Hearing: #2009-05PB Bashaw Minor Subdivision (Map 211 Lot 11) 33 Stacy Hill Road, Antrim, NH in the Rural District
Chair pro-tem Robblee introduced himself and had the Board members and staff introduce themselves. He asked the applicant to present his proposal.
Mr. McKenney (New England Forestry Services) showed new plans which had the topographical contours and the test pit on the Map 211 Lot11 for the newly proposed lots (211-011-001 and 211-011-002). The minor subdivision proposal had been presented on July 2, 2009. The Board had requested at that time three (3) items. Mr. McKenney had procured all three:
1. Added topo contours to portions of the plan
2. Received DES Subdivision approval
3. Performed test pits as requested by the Board
The Board then reviewed the Minor Subdivision Checklist to assure that all items had been satisfied. All had been satisfied.
Mr. Snow moved to approve the application of David & Kathryn Bashaw for a minor subdivision of property located at 33 Stacy Hill Road (Tax Map 213, Lot 11) in Antrim, NH, 03440, located in the Rural District
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 July 2, 2009 and subsequent meetings 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.
Payment of $25.00 for LCHIP to be made at time of Mylar signing.
Ms. Clifford seconded the motion.
Roll Call Vote: Ms. Clifford, aye; Mr. Snow, aye; Mr. Dubois, aye; Chair Pro-tem Robblee, aye. The minor subdivision is granted.
Staff will prepare a Notice of Decision to accompany the Mylar, which Mr. McKenney will bring in on December 21 with a $25. check for LCHIP.
Mr. McKenney thanked the Board and then gave some of his thoughts on Planning Boards in the Monadnock Region. He appreciated the professionalism of the Antrim Planning Board and the clarity with which the Planning Board’s procedures occur.
Valley Lane #2009-09PB -Lot line adjustment and road improvement of property located on Valley Lane (Tax Map 218, Lots 11, 12, 13) in Antrim, NH, 03440, located in the Rural District. Suggest tabling of application
Mr. Moore explained that Mr. Todd had contacted the Planning Department to inform that he would not be able to complete the engineering plans or test pits due to the quick onset of winter. He asked for a continuance. Mr. Moore explained that would not be possible as the date certain was December 17, 2009. A future hearing for Valley Lane would need to be re-noticed.
Proposed Adoption of Zoning Ordinances and amendments for 2010 Town Warrant
Mr. Moore read each of the suggested changes and or amendments to the Zoning Ordinance Articles:
Suggested changes and/or amendments to Zoning Ordinance Articles:
Article III - Definitions
1 (add ) MIXED USE -- Any combination of residential, commercial, public, etc. may all be considered appropriate for co-location on one lot or in one area.
Article IV – Village Business District
1 (add) Mixed Use
Article V - Highway Business District
1 (add) Mixed Use
Article XI – Wetland District
1 G. Special Use Permit (Adopted March 10, 2005)
The following uses are permitted within the Wetlands District only after obtaining a Special Use Permit from the Planning Board. ~All such uses must comply with other applicable ordinances and regulations of the Town of Antrim as well as state and federal regulations. ~In granting the Special Use Permit, the Planning Board may impose conditions to the extent the Board concludes such conditions are necessary to minimize any adverse affect of the proposed use on adjoining properties, and preserve the intent of this Ordinance. ~The Planning Board shall act upon the application in accordance with the procedural requirements of the Site Plan Review Regulations and RSA 676:4. (add) This ordinance is an innovative land use control subject to the exclusive jurisdiction of the Planning Board.
Article XIV – Supplemental Regulations
Article XIV – B Personal Wireless Service Facility
1 3. Definitions:
(change) Average Tree Canopy Height - to read “…trees over twenty (20) feet in height within the area that extends for a distance of one-hundred fifty (150) feet from the base of the mount,…” ( Currently specifies distance from base of the mount at fifty (50) feet.)
2 4. District Regulations:
(change) Location – PWSFs located in existing facilities shall be permitted in all Zoning Districts except Residential and Rural Conservation Districts. Ground mounted PWSFs shall be permitted in all districts except the Residential and Rural Conservation District by Special Exception only. Applicants seeking approval for PWSFs shall first… (rest of “Location” remains the same)
Article XVII - Sign Ordinance
Amendments to existing Sign Ordinance
1 D. Signs permitted with permit from Building Inspector (Submitted by Peter Hopkins)
(add) 6. Application for sign must be co-signed by both the business owner and the property owner.
2 Add “Purpose and Intent” paragraph before “Definitions”
(add) A. Purpose and intent. The purposes of this section are to protect and improve community appearance and aesthetics and to protect the health, safety, and welfare of its
citizens without inhibiting the vitality of local businesses and organizations for whom adequate signage is of high importance. This section recognizes that establishments need
identification and the public needs direction. This section aims to encourage the use of street graphics which are compatible with community character, are readable and clear,
are non-distracting to vehicular and pedestrian traffic, and are maintained in good repair.
3 A. Definitions (add these “Definitions” section, and to become B. is above is added)
Business Sign -- An on-premises sign which directs attention to any primary business,
industry, or other activity which is sold, offered, or conducted on the premises.
Trailer Sign -- A sign mounted, located or painted on a vehicle or trailer for the primary
purpose of advertising a business or activity not within the trailer. PERMITTED Signs
located on rolling stock of licensed common carriers or registered motor vehicles fit for
highway use and used on a regular basis by a business or an employee and not used primarily
for advertising purposes.
Unlawful Sign -- A sign which does not comply with the requirements of this section of
the Sign Ordinance, Article XVII of the Town of Antrim.
4 E. Sign Permitted by Special Exception
(add to)
1. Oversized signs in Village Business and Highway Business District (add) may only be on the premises of the business or commercial complex they are advertising, and may not exceed 40 square feet in size, and must meet the 50 foot State of New Hampshire right-of-was set-back. No free-standing, independent oversized signs not on the business premises will be permitted.
(a) One (1) freestanding sign, not to exceed forty (40) square feet in area, for each separately owned, freestanding habitable building, using the name of each of the businesses, or an identifying common name (e.g. Antrim Plaza) or a combination of both.
(b) A maximum of two (2) signs, that may be any combination of wall and / or building
signs are permitted for each business within a building, except that businesses with
more than two public entrances may have a sign at each entrance. The total square
footage of all wall and/or building signage for each business shall not exceed forty (40)
square feet in area. The signs are to be attached to a wall space that is occupied by the
business it is identifying.
5 B. Signs Prohibited in all Districts
(add)
14. No trailer signs mounted, located or painted on a vehicle or trailer for the primary purpose of advertising a business or activity not within the trailer.
Article XVIII Administration and Enforcement (Submitted by Peter Hopkins)
(change to read)
1.Pursuant to RSA 155-A and RSA 674-51, building permits will be administered in accordance with the State of New Hampshire Building Code.
Light and Sound Ordinance, as well as the proposed Building Permit Application (submitted by Peter Hopkins, Building Inspector) should be reviewed for the next meeting.
Proposed addition to Antrim Zoning Ordinance – Article XIV Supplemental Regulations
Article XIV – E Pollution and Disturbance
A. Purpose: to establish controls for the following types of pollution and disturbances: noise, light and glare, air quality, hazardous materials, vibration, and electrical disturbance, in order to protect the health, safety, and the quality of the environment.
B. Applicability.
(1) All applicants for subdivision, site plan review, special exceptions, or building permits shall be subject to the following standards. The Planning Board, Zoning Board of Adjustment, or Code Enforcement Officer shall grant approvals only upon their determination that the resulting use or development will comply with the following standards, or will not increase the extent or degree of any existing noncompliance with them.
(2) If the Planning Board, Zoning Board of Adjustment, or Code Enforcement Officer determines that there are reasonable grounds to believe that the use or development may result in noncompliance, they may require the applicant to submit evidence sufficient to enable them to make an objective determination, such as:
(a) documentation of the performance of similar facilities or processes on other sites; and/or
(b) specifications for the mechanisms and techniques involved; and/or
(c) certification of compliance by an engineer acceptable to the Planning Board, Zoning Board of Adjustment, or Code Enforcement Officer for his (the engineer’s) competence in the relevant field and lack of conflict in the case involved.
(3) The Planning Board, Zoning Board of Adjustment, or Code Enforcement Officer may, at the applicants request and expense, engage an expert consultant to conduct a study and provide a report on compliance, and on means of mitigating any potential noncompliance.
(4) The following standards shall not apply to warning devices, temporary construction or maintenance work, parades, special events, or similar temporary or transient circumstances.
(5) The Zoning Board of Adjustment may as a special exception authorize a use not in compliance with the following, upon its determination that peculiarities of the location or activity assure that there will be no adverse disturbance to the use and enjoyment of nearby premises, and that the greatest degree of compliance reasonably feasible has been provided.
C. Noise.
(1) On-site activities shall not at any point beyond the boundary of the premises result in sound levels which commonly exceed the ambient (background) level by more than 10 decibels or exceed the ambient level at any time by more than 15 decibels. Sound not discernible with normal human hearing two hundred (200) feet beyond a point on the boundary of the premises is presumed not to exceed the ambient level by more than 10 decibels at that point.
(2) Vehicles parked on the premises and idling are subject to this standard, but traffic on streets is not.
D. Light and glare.
(1) Purpose: To create standards so that outdoor lighting does not unreasonably interfere with the use and enjoyment of property within Antrim. These standards reduce light trespass, glare, and light pollution, and promote conservation of energy, while maintaining nighttime safety, security, and productivity.
(2) Lighting shall be designed to adequately illuminate the site and parking areas without causing glare or excessive illumination on neighboring properties or streets. Glare from vehicle headlights shall be mitigated through location and design of egresses, landscaping, and screening. Illumination of illuminated areas from light fixtures shall comply with the following table, which gives the allowable foot-candles for various types of light fixtures in varying heights, for the different zoning districts.
Zoning District |
Cutoff - 90° or less |
Avg Illumination (Foot-Candles) |
Max. Fixture Height (feet) |
Downtown Commercial District |
1.5 |
20 |
Commercial District |
1.5 |
30 |
Other Business District* |
1.0 |
25 |
Family, General Residence, Rural and Retirement Community |
1.0 |
15 |
*Office District, Commerce Park District and Industrial District
(3) All outdoor light fixtures shall be shielded so that no direct light is projected above a horizontal plane passing through the light source.
(4) Light sources to illuminate signs shall be located above the objects to be illuminated and shall be shielded so that the light source is not visible from public ways and adjacent property.
(5) Acceptable light sources are metal halide, incandescent, neon tubing and fluorescent. All other light sources including any flickering or pulsing light are prohibited. Processes, which create light flashes such as, but not limited to, electric arc welding, shall be confined to buildings or shielded to prevent either glare of flashes reflected from the sky.
(6) Outdoor lighting shall be turned off or reduced in intensity by 11 p.m. unless an activity being lighted extends beyond that time. Lighting of display lots such as but not limited to, automobile sales or rental, recreational vehicle sales, or building material sales shall be turned off within (30) thirty minutes after closing at the end of the business day. Any lighting used after work hours shall be security lighting only, reduced from the level of full illumination lighting. Similarly, lighting or parking lots shall either be turned off or noticeably reduced to security levels after the closing of business. The intention of this requirement is to reduce after hours illumination to the greatest extent while recognizing the need for security lighting.
(7) Lighting shall be located, shielded and maintained to prevent light trespass onto adjacent properties and public ways; measured at the boundary of the illuminated and adjacent property in excess of 0.1 foot-candles.
(8) Exemptions to the Lighting and Glare standards:
(a) Installations existing prior to the enactment of this ordinance are exempt from its requirements. Alterations that would increase or replace (50 %) fifty percent or more of the existing outdoor lighting fixtures on the premises. In such case, fixtures shall conform to the requirements of this ordinance.
(b) Lighting of the American flag.
(c) Historic monuments and statues.
(d) One and two-family residential properties.
(e) Municipal street lighting.
(f) Emergency safety lighting.
(g) Fixtures of 1650 lumens or less, which are equivalent to a 150-watt incandescent light bulb.
(h) Photographic light flashes.
(9) Owners or operators of non-conforming fixtures or installations are encouraged to bring their outdoor lighting into voluntary compliance with these requirements.
E. Air quality.
(1) No non-agricultural use shall cause the recurrent emission of odors detectable more than 200 feet beyond the boundary of the premises for receptors within an Industrial district, or more than 100 feet beyond the boundary of the premises for receptors in any other district.
(2) Off-site transmission of dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and driveways, shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means.
F. Vibration. No use shall be permitted which produces vibrations recurrently perceptible, without instruments, at any point beyond the boundaries of the premises.
G. Electrical disturbance. No electrical disturbance shall be permitted which adversely affects the operation of any equipment other than that of the creator of such disturbance.
H. Special exceptions.
(1) Submittals. Applicants for special exceptions under this section shall submit such material, including technical analyses, as is reasonable necessary for the Zoning Board of Adjustment to make the determination under (2) below. That may include, as applicable, a lighting plan, documentation of air quality modeling, identification of any toxic or hazardous materials involved and substances to be emitted, a description of precautions, handling practices, monitoring, and recovery systems proposed, and, if appropriate, a hazard prevention and contingency response plan.
(2) Decision criteria. Special exceptions shall be granted if the Zoning Board of Adjustment finds that in light of peculiarities of location or circumstance:
(a) the proposed use will not cause unreasonable risk of harm or adverse disturbance to the environment or to other premises, and
(b) will not jeopardize health or safety either on or off the site, and
(c) that either any control or safety systems being relied upon are fail-safe or redundant, or it has been demonstrated that there would be no adverse health or safety consequences dilution, or dispersion. . Utilities and dimensional controls. Notwithstanding any other
J. provision of this chapter, development on any lot not serviced by Town water shall be
governed by the minimum lot size, frontage on the nearest ROW and setback
requirements of the Rural district.
CIP Meeting The next meeting will occur on Monday, December 14, 2009 at 4:00pm in Little Town Hall.
Approve Minutes – December 3, 2009 - The Board did not wish to approve the minutes because of the low number of Board members. The 12/3/09 minutes will be on the January 7, 2009 agenda.
Correspondences: None
Code Enforcement: None
New Business from the Floor: None
At 9:00pm, Mr. Snow moved to adjourn the meeting which was seconded by Ms. Clifford, and unanimously approved. The meeting was adjourned.
Respectfully submitted,
Diane Chauncey, Planning Assistant, On behalf of the Antrim Planning Board
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