ANTRIM PLANNING BOARD MEETING
April 7, 2011
Members & Staff Present:
Scott Burnside (Vice-Chair) Diane Chauncey (Secretary) David Dubois (Member)
Jesse Lazar (Member) Charles Levesque (Member) Peter Moore (Planner) Martha Pinello (Member) Andrew Robblee (Member) John Robertson (Ex-Officio)
Stephen Schacht (Alternate)
Members & Staff Absent: None
Public Attendees:
Shelly Nelkens Jon Soinenen Mike Genest Ben Pratt
Don Winchester Rob Michaelson Jack Kenworthy Janet McEwen
Margaret Warner Annie Law Mary Schacht Gordon Webber
Ron Haggett Molly Moore Lazar Mike Tatro Stephen Ullman
Marcia Ullman Don Winchester Mary Schacht Bob Cleland
7:00 PM – Organization of Board:
Vice-Chair Burnside opened the meeting at 7:10pm.
Election of officers
The following items were discussed:
- Antrim Planning Board By-laws – Section 2.1
- Interpretation of Section 2.1
- At least one year of experience before office of vice-chair or chair
- Parliamentary procedure and voting
- A handout concerning parliamentary procedure
Mr. Robertson nominated Mr. Robblee as Planning Board chair. Mr. Dubois seconded the motion.
Roll call vote: Mr. Levesque, yes; Mr. Lazar, yes; Ms. Pinello, yes; Mr. Burnside, yes; Mr. Dubois, yes; Mr. Robblee, yes; Mr. Schacht, yes; Mr. Robertson, yes.
Mr. Schacht nominated Mr. Lazar as Vice-Chair. Mr. Burnside seconded the motion.
Roll call vote: Mr. Levesque, yes; Mr. Lazar, yes; Ms. Pinello, yes; Mr. Burnside, yes; Mr. Dubois, yes; Mr. Robblee, yes; Mr. Schacht, yes; Mr. Robertson, yes.
Appoint alternates to sit for absent members - Not necessary
Business Meeting:
Approve Minutes of the following:
March 3, 2011 - Mr. Schacht moved to approve the minutes as written. Mr. Dubois seconded. All yeses to approve
March 9, 2011 – Mr. Burnside move to approve the minutes as amended. Mr. Schacht seconded. All yeses to approve.
March 17, 2011
A Board member had corrections to the March 17 minutes.
Mr. Lévesque moved to table the March 17 minutes. Mr. Lazar seconded. All yeses to table.
Consideration of potential Alternates to the Planning Board
The following residents were interested in the Alternate positions: Janet McEwen, Don Winchester, and Mike Tatro. It was suggested that the potential alternates attend several meetings before committing to the responsibility.
Chair Robblee said that Mr. Koziell had expressed interest in serving as an alternate.
Three Board members said that they would not vote for Mr. Koziell.
A long time Board member said that Mr. Koziell brought knowledge to the Board.
Ms. Pinello motioned that the potential alternates attend the next two meetings. Mr. Schacht seconded the motion. All yeses to the motion.
Eolian Jurisdictional request to the Site Evaluation Committee (SEC) – Planning Board action?
A draft petition to be presented to the SEC had been reviewed by the Town Administrator. (Attached)
Mr. Levesque brought forward a draft petition to the Site evaluation Committee to grant the Antrim Planning Board Intervener status relative to a petition put forth by Antrim Wind Energy LLC asking that the SEC take jurisdiction over their proposed wind project in Antrim.
This petition to SEC had been reviewed by the Town Administrator.
A memo from the Town Administrator with advice from Town Counsel stated that the Board of Selectmen was the governing body for the Town of Antrim and that the Planning Board could not be granted intervener status. (Attached)
Mr. Levesque moved to adopt the draft petition. Mr. Lazar seconded.
The Board discussed the following:
- The petition drafted by Mr. Levesque should be adopted.
- A full discussion should occur.
- The Town Administrator’s information was incorrect.
- Town Counsel is incorrect.
- It would be proper for the Planning Board to intervene
- A former NH court decision said that only the governing body of Town can intervene
- SEC - Chapters 100 (Organization) and 200 (Practice and Procedure) were quoted from and suggested as important reference documents
- When considering legal matters, the importance of the question asked, as well as the response given was stressed
- The Planning Board has equal standing. The SEC can make the decisions. There is no hierarchy among interveners.
- The Planning Board can request to intervene and the SEC will decide who will intervene.
- If the Planning Board became an intervener, the Board would receive all the paperwork including the legal documentation. The Planning Board’s interest is to be fully informed, and to be part of the process.
- Individuals could intervene
- The Board of Selectmen’s information stated that the Planning Board can not intervene
- Receiving the SEC paperwork is very important
- The motion should be tabled until Town Counsel can be consulted
- Time would be too short – necessity to file by April 15
- The possibility of a special meeting
- The Planning Board should petition as an intervener – if wrong the SEC would throw it out
The motion had been made and seconded to adopt the draft petition and send it to the SEC.
Roll call vote: Mr. Levesque, yes; Mr. Lazar, yes; Ms. Pinello, yes; Mr. Burnside, no; Mr. Dubois, yes; Mr. Robblee, no; Mr. Robertson, no. Motion passes
The discussion continued – some of what was said:
- Legal opinions should be written
- There would be no negative consequences to the submission of the petition – if it is not proper, the SEC will deny it
- More information was needed on what will happen further down the road.
Ms. Pinello motioned that the Board of Selectmen would work with the Town Counsel to provide written copies of the questions and the responses.
- Numerous comments concerning legal counsel and that the Planning Board may need representation by other legal counsel
- Town Counsel represents the Town of Antrim and not just the Board of Selectmen
- Possibly Town Counsel should be asked for the first response, LGC for another
- Too many lawyers could be costly
Mr. Burnside seconded Ms. Pinello’s motion.
Roll call vote: Mr. Levesque, yes; Mr. Lazar, yes; Ms. Pinello, yes; Mr. Burnside, yes; Mr. Dubois, yes; Mr. Robblee, yes; Mr. Robertson, yes. Motion passes.
Mr. Burnside moved that if there is a tie vote regarding the interpretation of any legal counsel, a second opinion should be sought.
A short discussion occurred.
Mr. Burnside withdrew his motion.
The Board continued to discuss legal matters and how questions should be handled.
Mr. Lazar motioned that the question be asked of the legal department of the Local Government Center.
Mr. Burnside seconded.
Roll call vote: Mr. Levesque, yes; Mr. Lazar, yes; Ms. Pinello, yes; Mr. Burnside, yes; Mr. Dubois, yes; Mr. Robblee, yes; Mr. Robertson, yes. Motion passes.
Mr. Levesque stated that Step 1 was done. He said that he disagreed with the Board of Selectmen and that testimony should be provided to the SEC of why jurisdiction should not be granted in the case of the Antrim wind Energy petition.
Mr. Levesque moved that a letter should be sent to the SEC under the Planning Board Chair’s signature, objecting to the petition by Antrim Wind Energy asking the SEC to take jurisdiction over what is not yet a proposed project in Antrim. The Motion was Seconded by Mr. Dubois.
Mr. Levesque stated reasons that should be stated in the letter:
- Local control is preferred
- Planning Board has legal authority under statute to take on this kind of project
- The TOA has a Master Plan and Open Space Plan that speak to the project
- The TOA has Planning Department staff
- The TOA has been working on wind power for the last year
- The SEC should not take jurisdiction – should be local control and the project should go through the Site Plan Review process.
The Board discussed Mr. Levesque’s proposed letter:
- Some Board members thought that the SEC would work with TOA
- The TOA has had a long history of Zoning
- The SEC jurisdiction causes concern because their authority preempts local concerns
- The Planning Board should come forth and work toward an ordnance. A delay should be requested – so that the community’s role will not be eliminated – maybe the SEC will play a role but not now.
- Questions of whether it would be an allowed use, a special exception – more clarity needed
- Local control overlay and an overlay district a possibility
- The ad hoc committee will complete the ordinance within 6 months and would expect the Board of Selectmen to respond within 3 months
- Noticing needed to be added to the time frame
- The ordinance should not be so restrictive that an applicant can’t work within it
Mr. Dubois suggested that the Planning Board ask SEC to delay deliberation on acceptance of jurisdiction of the Antrim Wind energy project until there is legislative body vote on an ordinance.
Mr. Levesque accepted this friendly amendment to his original Motion so that the Motion now read: that a letter should be sent to the SEC by the PB under the Planning Board Chair’s signature objecting to the petition by Antrim Wind Energy at this time and asking the SEC to delay its deliberation relative to taking jurisdiction over what is not yet a proposed project in Antrim. until the Antrim Planning Board has developed an ordinance for consideration by the legislative body.
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Mr. Dubois who seconded the original motion, agreed with this change.
Roll call vote: Mr. Levesque, yes; Mr. Lazar, yes; Ms. Pinello, yes; Mr. Burnside, no; Mr. Dubois, yes; Mr. Robblee, no; Mr. Robertson, abstain.
Mr. Levesque will draft the letter to the SEC and it should be sent by email to the Planning Board members, for review and comments.
Wind Energy Facility Ordinance – Discuss mechanics of creation, responsibilities and schedule
Ms. Pinello moved:
The Antrim Planning Board will name a nine-member ad hoc committee to oversee the investigation of, and to make recommendations for, comprehensive oversight procedures concerning industrial wind- energy generating facilities within the Town of Antrim.
The committee’s work may include the development of procedures, zoning overlay plans and criteria, the development of zoning district boundaries, detailed site-plan review regulations for wind energy, and suggestions for matters that might be covered by letters of agreement between the Town and a wind-energy developer, including recommendations for project escrow accounts and performance bonds.
The recommendations of the ad hoc committee, which should include at least four Antrim Planning Board members, and four community members, and a member of the Board of Selectmen will be forwarded to the full Planning Board for review and implementation within six months of the committee’s creation.
The Antrim Planning Board will deliver a final report, including its recommendations and any proposed changes to the Antrim Planning Board procedures, Zoning Ordinance or site plan regulations, to the Antrim Board of Selectmen within three months of receiving the ad hoc committee’s report.
Mr. Levesque seconded.
Roll call vote: Mr. Levesque, yes; Mr. Lazar, yes; Ms. Pinello, yes; Mr. Burnside, yes; Mr. Dubois, yes; Mr. Robblee, yes; Mr. Robertson, yes. Motion passes
Robert’s Rules of board procedure and operation in public meetings
Mr. Levesque had a handout of Parliamentary Rules of Procedure, excerpted from Robert’s Rules of Order, 10th edition. He said that it was easy to read language and thought it could be helpful. (Attached)
Mr. Leveque motioned to adopt the handout as part of the by-laws.
Ms. Pinello seconded.
Mr. Lazar moved to table the decision until the next meeting. Mr. Robertson seconded. All yeses to table until the next meeting.
Lempster Wind Tower site visit– CANCELLED for Saturday, April 16 – Date TBD
Mr. Genest suggested a trip in early May
Community Supper – April 21 – Town Hall sponsored (all Boards can be involved) – Soups, chilis, salads – Mr. Robblee moved that the Planning Board assist.
Correspondence & Communications:
- Planning Board Roster
- Planning Department Hours of operation & contact info*
- Land Use Board Organization and Procedure Guide – Atty Donovan - FYI
- SPNHF Statement on Northern Pass Project – FYI
- Southwest Region Energy Gathering – April 28th – Railroad - Square Keene - FYI
- OEP Planning & Zoning Conference – Saturday, June 11th – Manchester – Reg begins 15th
- New England Wind Energy Education Project Conference/Workshop Tuesday, June 7th (see flyer)
- Citizen Planner Collaborative Event – Information Sheet
9:20 pm, Mr. Burnside motioned to adjourn. Mr. Dubois seconded. All yes to adjourn.
Respectfully submitted, Diane Chauncey, Secretary of the Planning Board
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