ANTRIM PLANNING BOARD MEETING
July 1, 2010 Meeting
Master Plan Public Hearing
Members & Staff Present:
CR Willeke (Chair) Scott Burnside (Vice-Chair) Diane Chauncey (Staff) David Dubois (Member) Joe Koziell (Member) Peter Moore (Planner) Andrew Robblee (Member) Stephen Schacht(Alternate) Gordon Webber (Ex-Officio)
Member & Staff Absent: Jesse Lazar (Member)
Public Attendees:
Ben Pratt (Resident)
7:00 Review Period:
· Appoint alternates to sit for absent members: Mr. Schacht to sit for the absent Mr. Lazar.
· Review and approve the Minutes of the June 17, 2010 meeting – Mr. Webber moved to approve the minutes as presented. Mr. Dubois seconded it. The Board members voted to unanimously approve the minutes.
Public Hearing:
2010 Master Plan - Review final DRAFT and Public Hearing
Chair Willeke opened the Public Hearing and asked Mr. Moore to read the Public Notice, which had appeared in The Villager twice – June 8 and June 18, 2010.
Chair Willeke read the introduction from page 1-1 of the proposed Master Plan (MP). He acknowledged the members of the MP who had worked on the draft. He listed all the chapters of the MP: Natural Resources & Conservation, Energy Usage & Conservation, Water Resources, Earth Excavation Sites, Current Use Law, Future Land Use, Population & Housing, Community Facilities, Historic & Cultural Resources, Economic Development, Traffic & Transportation, and the final section, on Implementation.
Chair Willeke stated that through the committee members, and other interested community residents, had developed a vision of the overall picture of the MP. Chair Willeke read from page II-2 of the MP.
Chair Willeke asked for comments from the Board and the one Public Attendee.
Vice–Chair Burnside said that he felt that the MP had been worked on by not only the committee members but the community at large. He felt that a balance had been established in the MP which satisfied him.
Mr. Koziell said that he would like the definition of rural character to be defined – in conversations with many residents, he had found a sizeable range of the meaning of rural character.
Chair Willeke asked for further comments. There were none. The Public Hearing was closed.
Mr. Webber moved to adopt the 2010 Master Plan as presented at the Public Hearing. Mr. Schacht seconded the motion. A roll call vote was taken. All voted in favor of the adoption. The Planning Board voted unanimously to adopt the Master Plan on July, 2010.
Consider vote of the Board to adopt 2010 Master Plan after Public Hearing (RSA674:4) * - Adopted July 1, 2010.
Business Meeting:
Gap Mountain Development (status of In-Ex Homes site)
Chair Willeke asked Mr. Belletete to present his case to the Board.
Mr. Belletete thanked the Board for their time and presented the following:
· Now the owner of the property
· Maintenance work had been completed last Fall
· Gravel permit – in his ownership - by deed - in lieu of foreclosure
· Property taxes have been paid
· State permit for excavation had been sanctioned by Mary Pinkham Langer –Department of Revenue Administration department head of Excavation at the state level
· Planning Board needed to grant the transfer to Gap Mt Development LLC at the municipality level
· $77,000 in escrow money with the Town of Antrim – Mr. Belletete would like that money returned and he would then write a “Letter of Credit” for the same amount
· Amount of the bond replacement letter is in the Planning Board’s hands
· Admitted that he was unsure of what the future held – he may not do anything for the next three years
· Subdivision has not been recorded – although the subdivision was given a condition approval on May 24, 2007
A brief diversion – Mr. Schacht informed Mr. Belletete that a tick that was traveling up his khaki slacks. The tick was removed - but refused to die. Laughter resulted.
Chair Willeke asked that Mr. Belletete provide the Board with a letter stating that all conditions in the conditional approval would be abided by.
Mr. Belletete said that he was not sure that there will even be any removal but he wanted to continue the gravel pit’s operation.
Chair Willeke said that the subdivision needs to be renewed.
Mr. Belletete said that he felt that most conditions listed on the Notice of Decision had been addressed as of May 15, 2010.
Chair Willeke said that an updated estimate of the bond was necessary.
Mr. Belletete said that he would like the bond to remain at the same level. The Antrim Road Agent had looked at the road and had no problems. At the same time, he would like the Town Excavation Permit renewed. He will return to Town Hall to review the subdivision stipulations.
Mr. Koziell asked what the criteria was.
Mr. Moore said that an extension had been granted to Phil Marrotte (previous owner of the site), for conditional approval of the Notice of Decision by the Planning Board at their meeting 4/16/09, but that that extension expired on May 15, 2010.
Mr. Robblee asked if an extension could be granted this evening.
Mr. Moore advised against granting an extension to the lapsed Notice of Decision at the meeting, and suggested that Town Council’s opinion should be sought.
Mr. Belletete agreed that he should have kept ahead of the dates.
Mr. Moore said that he would look into the next step.
Mr. Belletete said that he would send a letter to the Board stating that he will abide with what has been laid out for the subdivision and the excavation pit. Mr. Belletete also agreed that he would present the board with two LOCs in the same amount of the self-calling bonds that the town held in escrow, and that these newly submitted LOCs would have to be reviewed by the board and town council before the balance held in escrow by the Town of Antrim could be returned to him.
Correspondences:
Communications for:
· Pierce Lake II – Knapton Circle Subdivision Road to Don Glover – summarized letter and tone – nothing from Mr. Glover had been heard.
· Valley Lane letter to Earl Sandford concerning the work
· Green Ridge/Ashley Road relative to PB site-walk 6/3/2010 – Mr. Moore summarized the letter. A short discussion of the drainage and the catch basins
New Business from the Floor:
Mr. Koziell wanted to know what had occurred on June 29, 2010 - The ZBA Request for a rehearing of the granted Appeal from an Administrative Decision of the Planning Board.
Mr. Moore summarized the meeting – the ZBA voted to continue the meeting to a date certain of July 13, 2010. The ZBA also voted "that all submissions through June 29, 2010 at 7:00pm are accepted and will be part of the deliberation at the continuance of the meeting on July 23, 2010" (quoted from ZBA 6/29/2010 minutes)
.
There was a discussion of what material should be submitted for the meeting. Mr. Moore said that it was somewhat contentious – explained the materials that had been submitted – the order, his interpretation of rule 9.3 (Town of Antrim - ZBA Rules of Procedure) – allowing information submission up to 1 week prior to the meeting. June 23 would be one week before. Atty Uchida said it was 6 days. Rule 9.3 in Mr. Moore’s interpretation was met by submission of an Objection to the Motion for Rehearing. Had asked the ZBA to waive. Voted to not submit the meeting.
Mr. Koziell asked about a letter of support from the Planning Board.
Mr. Webber recommended that the Planning Board write a letter of support to the ZBA, recommending that the ZBA rehear the case. He said that the Planning Board could be considered an aggrieved party, and if Eolian (Antrim Wind Energy, LLC) had not appealed, the Selectmen could have appealed. Mr. Webber continued that the ZBA had voted to continue the June 29 meeting to July 13 (because Eolian wanted a full Board and only 3 members were present), and then voted not to accept any new material. The second vote was a moot point, as no discussion should have occurred after the continuance vote.
Mr. Burnside said that there should have been no discussion at all without the applicant's presence.
Mr. Webber requested that the Planning Board write a letter in support or the rehearing.
Mr. Moore stated that one Selectman had chosen not to sign the letter from the Selectmen, and that the Planner's position, and advice to Mr. Webber previously, and to the Planning Board now, was predicated on due-process information and proper procedure in Motions for Rehearing, from a Local Government Center attorney that he contacted, and from advice given in the NH Office of Energy and Planning Guide for Boards of Adjustment in NH concerning the proper procedure....
Mr. Webber said that Town Counsel had been consulted and that it was legitimate for the Planning Board and the Selectmen to write letters of support.
The discussion continued. Mr. Burnside said that the Planning Board should submit a letter of support and the ZBA could act or not act upon it.
Mr. Koziell said that he felt that Eolian had been "put in a box" because of the advice that they had received from Town Counsel.
Mr. Burnside motioned that the Board write a letter of support for the rehearing of the Appeal from an Administrative Decision of Case # 2010-03PB.
Mr. Dubois questioned the appropriateness of trying to influence other Boards.
Mr. Webber said that he thought it was part of his job as a Selectman.
Mr. Dubois repeated that he did not think it was appropriate. In any other case, he thought that it was okay, but not in a Motion for Rehearing process.
Mr. Webber disagreed.
Mr. Burnside said that Eolian needed all the support that can be gathered.
Mr. Moore said that the Planning Board's job is done and that they should not come back to it.
Mr. Robblee questioned what would be gained by a letter of support.
Mr. Burnside repeated his motion.
The Selectmen's letter of support was read.
Mr. Webber seconded the motion.
A roll call vote (yes - in favor of the writing the letter, no - not in favor of writing the letter) was taken:
Mr. Burnside, yes; Mr. Dubois, no; Mr. Koziell, yes; Mr. Robblee, no; Mr. Schacht, yes; Mr. Webber, yes; Mr. Willeke, yes.
The motion passes. The letter was written and signed by the Chair.
At 8:40pm, Mr. Burnside moved to adjourn. Mr. Koziell seconded it. The meeting was adjourned.
Respectfully submitted, Diane Chauncey, On Behalf of the Antrim Planning Board
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