ANTRIM PLANNING BOARD MEETING
February 10, 2011
Public Meeting to reconsider ZO Changes
Members & Staff Present:
Scott Burnside (Vice-Chair) Diane Chauncey (Staff) David Dubois (Member)
Jesse Lazar (Member) Peter Moore (Planner) Andrew Robblee (Member)
Gordon Webber (Ex-Officio) CR Willeke (Chair)
Member & Staff Absent:
Stephen Schacht (Alternate) Joe Koziell (Member)
Public Attendees:
Shelly Nelkens Jon Soinenen Lyman Gilmore Peter Beblowski
Martha Pinello Janis Longgood Robert Cleland Loranne Block
Richard Block Molly Moore-Lazar Sarah Gorman Elsa Voelcker
Arthur Merrill Tom Davis Beth Merrill Jane Fluhr
Keith Klinger Charles Levesque Robert Michaelson Brenda Schaefer
Mark Schaefer Margaret Warner
7:00 PM - Review Period:
Chair Willeke thanked all for attending. He asked the Town Planner to review the events up to the present meeting.
Mr. Moore stated that there had been three Public Hearings – 1/6/2011, 1/20/2011, and 2/1/2011.
After the third meeting, two letters had been hand delivered to the Town Hall which challenged the procedure leading up to the Ballot for the Zoning Ordinance Amendments meetings. (Charles Levesque and Attorney Donovan letters stated procedural errors).
Mr. Webber and Mr. Stearns (Town Administrator) had conferred with Attorney Mayer (Town Counsel). Although several procedural errors had occurred (timing, posting, etc) the second Public Hearing Notice for the February 1, 2011 meeting was not substantial enough and that made all of the Zoning Ordinance Amendments invalid and therefore - could not be placed on the March 8, 2011 ballot. There were other issues that had been noted: timing, posting, and even a nor’easter. Mr. Moore had issued a letter on February 8, 2011, after conferring with Mr. Stearns (attached), stating the facts as he saw them and that the ZO amendments would not be on the March ballot. The letter, which had been sent to Mr. Levesque and Attorney Donovan, was read to the meeting attendees. Mr. Moore also noted the issuance of a follow-up letter from
Town Administrator Galen Stearns, emailed on February 9th to above mentioned individuals, clarified that, “None of the Zoning Ordinances presented and discussed at the February 1, 2011 Planning Board public hearing will not appear on the March 8, 2011 ballot.”.An “out-of-schedule” meeting was posted, emailed, web-sited, and sent to those on the antrim.nh notification list for Thursday, February 10, 2011.
Chair Willeke asked for opinions from the Board – what were the alternatives and should another Public Hearing be held.
Mr. Lazar said that he thought the issues should be taken up another year.
Mr. Webber said that he thought there could be a Special Town Meeting, this year, and that the option was worth exploring.
Mr. Burnside said that he felt a Special Town Meeting would not get enough people. He said that he was disappointed that just a few can affect the whole town.
Mr. Dubois said that there was not enough urgency and that the issue could wait until next year.
Mr. Webber said that there should be a special town meeting.
Mr. Lazar said that he did not think that anything was time sensitive.
Mr. Robblee wanted a clarification for removing the ballot issues.
Mr. Moore explained the actions that he had taken.
Mr. Robblee asked if a vote had been taken to remove the questions from the ballot.
Mr. Burnside said that the letter should have been reviewed by the Board.
Mr. Lazar said that the ballot items should be reviewed item by item.
Mr. Robblee said if one is null and void, then they were all null and void.
Mr. Willeke asked if there was anything in writing from Town Counsel.
Mr. Moore said that there was nothing in writing, but Mr. Webber and Mr. Stearns had discussed the issues with Town Counsel.
Mr. Webber said that there had been a conference call with Town Counsel. Town Counsel had said that the changes made as “substantial” – could be argued; the posting for 2/1/2011 was not proper. Other issues could be argued but not the posting.
Mr. Moore said that is why he issued the letter.
Mr. Burnside said that the letter should have gone through the Chair.
Chair Willeke said that after the March ballot, the Board may change.
Mr. Webber said that there had been a clerical error. He felt that it made sense to continue and that a Special Town Meeting should happen.
Mr. Lazar said that he had concerns about the polls and the counting.
Mr. Moore said that he had contacted the Town Clerk about the costs of a Special Town Meeting. She had said that it would be approximately $2000.00.
Chair Willeke asked if the Board of Selectmen and the Planning Board requested – could there be a Special Town Meeting.
Mr. Webber said that it would not come up at Town Meeting.
Mr. Burnside said that there would not be the necessary voter turnout.
Mr. Webber said that there could be campaigning.
Mr. Burnside said that even if they went door-to-door, it may not work, and that he personally did not have time to do that.
Mr. Lazar said that it may make it seem that the Board had a special interest.
Mr. Burnside said that the three most controversial uses would need to go to the Zoning Board of Adjustment with an application.
Mr. Moore said that there were still avenues to apply for projects; that the uses were not totally off the table.
Mr. Soinenen asked if comments would be taken from the Public Attendees.
Chair Willeke said that he did not think that would occur.
Mr. Moore said there could be a non-binding straw vote at Town Meeting – could get a feeling for whether or not the voters would like a wind farm in Rural Conservation or Excavation in Rural, which was part of the intent of the board in the first place.
Mr. Robblee said that he did not see either option as a need to rush.
Mr. Moore said that in ten months a lot could be done.
Mr. Robblee said that it was too bad that technicality was going to hold up a year’s worth of work.
Mr. Webber said that he did not see how it was different from last week.
Mr. Robblee agreed, but to call a Special Town Meeting, he was not sure.
Mr. Burnside said that – instead of waiting to the end of the year, a Public Hearing could be made earlier to make the change.
Mr. Moore said that there was a statute that addresses the time in which the zoning ordinance amendment changes can be issued.
Mr. Burnside said that the changes should be done in a more timely way.
Mr. Robblee said that the work has been done – let’s make sure everything is done this time.
Mr. Burnside said that he was very disappointed that the whole process was lost for this year, and felt that the process was broken, that it did not work.
Mr. Lazar said that the process does work.
Mr. Burnside said that thousands and thousands would go to the lawyers.
Mr. Lazar insisted that the process does work.
A member of the public attendees spoke out of turn agreeing with Mr. Lazar.
Mr. Lazar said that he felt there are different ways to go about it and that he thinks it is a lesson learned for the Planning Board. He said that he didn’t blame anyone. He felt that lots of information had come in and that a lot of thought had gone into the process, but that he did not think that this was the appropriate time for it.
Chair Willeke said that he had called the meeting to see what the options were.
Mr. Robblee moved to remove the eight amendments from the March 8, 2011 ballot.
Mr. Dubois seconded the motion.
Roll Call Vote: All ayes to remove the ZO Amendment Changes.
Mr. Webber said that Town Counsel argued that the substantial changes and the posting in the paper was not a legal post.
Mr. Burnside said that he would need to see more research.
Mr. Robblee said that he would not be against a future special meeting.
Mr. Webber said that this meeting (2/10/2011) was posted in a timely fashion. He said that he did not see a downside to going forward, maybe just picking a different day. He felt that all the steps had been done.
Mr. Dubois said that there would not be the voter turnout.
Mr. Burnside said that Mr. Webber will have to be a “one-man-show”.
Mr. Dubois said that there would not be the spectrum of voters.
Mr. Burnside said that things could change if the Planning Board membership changed.
Mr. Moore said that feedback in the public hearings indicated that people want more education. He said that he could arrange for forums over the next six months and mentioned the types of forums that he could be held in the future. Wind Energy, Excavation and Personal Wireless Facilities.
Chair Willeke said that there could be a new Board in the next month.
Mr. Robblee said that if every meeting was going to be like this one – maybe more chairs would be needed.
Chair Willeke moved to adjourn the meeting. Mr. Burnside seconded the motion. All ayes to adjourn the meeting at 7:45pm.
Respectfully submitted,
Diane Chauncey, Secretary of the Planning Board
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