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Planning Board Minutes 02/22/2011

ANTRIM PLANNING BOARD MEETING
February 22, 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)       
Stephen Schacht (Alternate)             Gordon Webber (Ex-Officio)        CR Willeke (Chair)

Members & Staff Absent:  Joe Koziell (Member)   

Public Attendees:
Shelly Nelkens  Jon Soinenen            Martha Pinello          Janis Longgood          
John Kendall                Ron Haggett         Marie Harriman  Marshall Gale
Stuart Gross            Keith Klinger           Brian Murphy            Charles Lévesque
Ben Pratt               Richard Block           Mark Schaefer           Mike Genest
Teri Moore              Dave Duffy              Annie Law               James Hankard
Brenda Schaefer Robert Cleland  Janis Longgood  Eric Tenney
Loranne Block           Bob Bernstein           David Cahoon            Mrs. Cahoon
Sarah Gorman            Mike Genest             Karen Weisswange        Albert Weisswange

Chair Willeke opened the meeting at 7:15. He stated that this meeting was another Planning Board meeting concerning a Special Town Meeting. He asked the Board members and staff to introduce themselves. Mr. Schacht was appointed to sit for the absent Mr. Koziell. Chair Willeke then asked Mr. Moore to read the Public Notice and the Citizen’s Petition:

Notice posted Friday, February 18, 2011

NOTICE OF PUBLIC MEETING

Notice is hereby given that a public meeting will be held at 7:00 PM Tuesday, February 22, 2011 at the Antrim Town Hall on the citizen’s petition to reconsider holding a Public Hearing of proposed Zoning Amendments to be presented at a Special Town Meeting.
You are invited to appear in person or by agent or counsel to state reasons why you think this request should or should not be granted. Written concerns should be submitted to the Antrim Town Office prior to the meeting. The petition will remain on the Planning Board agenda until the case is resolved, although no further notice will be given. The petition is available for review at the Antrim Town Offices 8:00 AM to 4:00 PM Monday through Thursday.

Galen A. Stearns
Town Administrator

Wording of  Citizen’s Petition

To the Antrim Planning Board,
As an Antrim resident, I am requesting the board to reconsider a special town
meeting to vote on changes to zoning ordinances that were recently disallowed due to a
clerical error. Please allow Antrim residents the opportunity to take part in the democratic
process and decide for themselves the future of Antrim. As this is a time sensitive issue,
please act in a timely fashion.  Thank you.
        Print   (Name)                                  Sign  (Name)

        e-mail to antrimplan@tds.net  or mail to Town of Antrim, Planning Board, P.O.
Box 517 Antrim, NH  03440 or hand deliver to the town hall during regular business
hours.  


Mr. Block asked for a point of order – he questioned the wording of the Public Hearing Notice.

Chair Willeke gave a quick background up to the present meeting. He said that there had been a posting issue, which had prevented the proposed zoning ordinance amendments from a vote on the March Town Ballot. After further input from Selectmen and a citizen’s petition, this meeting was scheduled.

Mr. Webber added that if a new Public Hearing was scheduled and the Planning Board were to approve the Zoning Ordinance Amendments as written (as they would have gone on the ballot), with no changes – the Planning Board would request from the Selectmen – a Special Town Meeting – which would actually be a Vote not a “Town Meeting”.  He explained the procedure for A Special Town Meeting.


The following are some of the items discussed by the Board members:

  • Just one more hearing?
  • No changes could be made to the wording
  • Was the process corrected?
  • Clerical error had been made with improper posting.
  • If another hearing was held, the intent would be to have no changes.
  • But there was a possibility of changes due to public attendee input.
  • Changes could be made but it could be left as it was.
  • Questions concerning the present meeting and proper posting.
Mr. Moore said that the 24-hour rule for posting a special meeting had been met, but that he would like to have seen more time allowed between the posting and the meeting. It was posted on a Friday, which is a day when the town offices are closed, the following Monday was a holiday, and so that the petition was only available Tuesday morning, for 8 hours of viewing.

The Public Attendees wanted to know if there would be an opportunity for comments.

Chair Willeke said that he did not plan to open the meeting to public comments.

There were multiple comments from the Board and the attendees concerning the right to speak at the meeting. The comments went back and forth. The Chair said that the notice was somewhat misleading but that it did not override the purpose of the meeting.

Mr. Dubois felt that the public should be allowed to participate.

Mr. Burnside said that opening a Public Hearing was at the discretion of the Chair.

The attendees would like to be able to speak. There were many comments.

Chair Willeke asked for all to be quiet. Mr. Webber said that only those with a point of order could speak.

Mr. Hankard said he had a point of order and would he be allowed to speak. He then said that it was grossly unfair, that there should be free speech.

He was asked to stop because his comments were not a point of order.

Ms. Nelkens said that it was a point of order that it was not properly noticed.

Mr. Webber said that was irrelevant.

The audience was annoyed that they could not be heard.

Mr. Moore asked the chair what the point of the Planning Board having a Public Hearing if the Selectmen had not agreed to a Special Town Meeting before hand.

Mr. Burnside said they would be finishing up what had already been started.

Mr. Webber said that tonight’s meeting was to discuss a Public Hearing not the Special Town Meeting.

Mr. Lazar read from a prepared statement (attached – page 5). Some of the points he made: poorly written notice, no reason for emergency meeting, issue has already been addressed, no new information on the case, simply a petition by citizens who want to reconsider having a special vote.

There was some applause for his comments.

Mr. Webber motioned for the Planning Board to hold a Public Hearing to present the previously proposed Zoning Ordinance amendments.

Chair Willeke seconded the motion

Mr. Lazar asked for a clarification.

Mr. Webber motioned again – ‘ to hold a Public Hearing to present the previously proposed Zoning Ordinance amendments.

Chair Willeke seconded.

Roll Call Vote: Mr. Schacht, yes; Mr. Burnside, yes; Chair Willeke, yes; Mr. Robblee, yes; Mr. Dubois, no; Mr. Lazar, yes. The motion passes.

At 7:50 pm, Mr. Burnside motioned to adjourn the meeting. Mr. Schacht seconded the motion. The meeting was adjourned.


Respectfully submitted, Diane Chauncey, Secretary of the Planning Board 

Mr. Lazar’s Prepared Statement

Mr. Chairman,
The decision to hold another emergency meeting this month was a poor choice, and the
notice was poorly written. This puts the Planning Board in a poor light. How can residents respect our Board when we cannot properly notice. How can they respect our impartiality? There is no reason we should be here for this as an emergency meeting. This matter would more appropriately be addressed at our next regularly scheduled meeting. What do you plan to do when we receive a petition to reconsider our actions from this meeting?

We met as board on February 10th for an emergency meeting and addressed the issue of whether we would recommend a special town vote at that time. We then cancelled
the subsequent regularly scheduled meeting, and now we are back at another
emergency meeting, despite the fact that our next scheduled meeting is March 3rd.
There is no new information to be heard on the case, simply a petition by citizens
who want us to reconsider having a special vote. There is simply no justification
for this emergency meeting. Nothing that we as a board are going to address now could not have waited until March 3rd.

Jesse Lazar