ANTRIM PLANNING BOARD MEETING
March 17, 2011
Regular Meeting
Members & Staff Present:
Diane Chauncey (Staff) David Dubois (Member) Scott Burnside (Vice-Chair)
Jesse Lazar (Member) Martha Pinello (Member) Peter Moore (Planner) Stephen Schacht (Alternate) Charles Levesque (Member)
Member & Staff Absent:
Andrew Robblee (Member) John Robertson (Ex-officio)
Public Attendees:
Joe Koziell Molly Moore-Lazar Marcia Ullman
Barbara Gard Ron Haggett Stephen Ullman
7:20 PM – Organization of Board:
Introduction of new board members: Charlie Levesque, Martha Pinello, John Robertson
Appointment alternates to sit for absent members: Vice-Chair Burnside appoints Mr. Schacht to sit for the absent Mr. Robblee
Election of new officers (if all members present – if not elections will be on April 7,2011)
Mr. Lazar nominated Mr. Levesque as Chair.
Vice-Chair Burnside said that the Chair is usually someone who has been on the Board for at least a couple of years.
Mr. Levesque asked if the Board would like him to state his qualifications for Planning Board Chair, which he then stated: had lived in Antrim for 13 years; Moderator for the Town of Deering for 5 years; Chair of the Conservation Committee in Deering; had chaired many other Boards; Chair of the Open Space Committee in Antrim; a trained facilitator for groups of all sizes for the past 30 years.
Mr. Dubois seconded the nomination of Mr. Levesque.
Vice-Chair Burnside stated that he would not allow the motion until a full Board was present – he felt that officers should be elected with a full Board.
Mr. Lazar pointed out that Mr. Robblee was not present when officers were elected in 2010.
Mr. Levesque stated that the Planning Board By-Laws should be followed.
Vice-Chair Burnside stated that he felt it was a courtesy to the absent Board members.
Mr. Moore read from the By-Laws, but stated that he also felt “the fuller the better” for a Board election and that April 7 would be a better time for the election of officers.
Vice-Chair Burnside said that April 7 would be a better date and that he would like to nominate Mr. Dubois.
Mr. Lazar said that he was unsure of.how the rest of the Board wanted to proceed.
Mr. Moore suggested withdrawing his motion.
Vice-Chair questioned the By-Laws. While Mr. Moore reviewed the By-Laws, Ms. Pinello stated that Roberts Rules of Orders would say that Mr. Lazar could withdraw his nomination.
Mr. Dubois said that waiting until the next scheduled meeting would be acceptable. I withdraw my second.
Mr. Lazar withdrew his nomination of Mr. Levesque
Vice-Chair Burnside thanked them and said that he thought that it was the right thing to do.
7:30 PM – Continuance - Public Hearing – Building Inspector requests CONTINUANCE to 4/21/2011
Pursuant to IRC/IBC R108.2, changes to the Building Permit Application Fee Schedule are being proposed for adoption by the Planning Board / Board of Selectmen). Building Inspector Peter Hopkins expected to attend.
The Building Permit Application Fees have been on the agenda for 3 meetings. The Building Inspector, who works in five towns, has suggested application fees that he thinks are fair. Some of the Board members thought that the renewal fees were too high. Some of the discussion points were as follows:
Renewal: $50.00
Zoning Permit: $25.00
Discretion for a renewal fee for additional inspections
Building Inspector would like to recover Town’s cost for his services
If a contractor has been delinquent – the fees should apply
Language (of Permit Application) should be simplified –suggestions made
Building Inspector pay
Mr. Dubois moved to continue the meeting to redo the Building Permit Application Fee Schedule to April 21, 2011. Mr. Lazar seconded.
All yeses to continue.
Business Meeting:
Review the Minutes for meetings March 3, 2011 – continued to April 7 – not enough members present who had attended the meeting
Review the Minutes for meetings March 9, 2011 - continued to April 7 - not enough members present who had attended the meeting
Consideration of potential Alternates to the Planning Board
Mr. Koziell stated that he would like to be an alternate.
Vice-Chair Burnside said that Mr. Koziell was the 3rd runner up and he would like to see him on the Board.
Mr. Dubois said that “it was nothing personal” but he was against it.
Mr. Schacht said that he was in favor of Mr. Koziell as an alternate of the Planning Board.
Mr. Lazar asked, aside from experience, in your opinion - what do you have to bring to the Board?
Vice-Chair Burnside said that the Board has always had trouble getting alternates.
Mr. Koziell said that he has been a Planning Board alternate, a Planning Board member, and he has had 30 career years in construction.
Mr. Lazar stated that Mr. Koziell would not have his vote.
Vice-Chair Burnside stated that in his nine years on the Board, he had never heard this.
Mr. Lazar stated that “… debating in a Public Hearing, Mr. Koziell had made the comment that he could not believe that he was on the same side as Mr. Lazar.”
Mr. Koziell said that he did not understand Mr. Lazar’s concern.
Ms. Pinello asked about four more alternates?
Vice-Chair Burnside stated that – as the eldest member of the Board (9 years) – he has never seen an alternate stay the full term
Ms. Pinello asked if [the Board] was looking for four more people?
Mr. Moore said it was sporadic.
Mr. Levesque said that the By-Laws (2.1) state five alternates for the Planning Board (RSA 673:6)
Present materials available to Board members: Zoning Ordinance, Subdivision & Site Plan Review Regulations, By-Laws, OEP Handbook, etc.
Mr. Moore listed who needed what materials on a chart.
Change By-Laws – Page 7, Section 15.2 – “…within 144 hours..” to “…within 5 Business days…” RSA 91-A:2 II (requested by the Secretary)
The secretary explained that 144 hours are 6 consecutive days – meaning that although she does not work all of those days, she is expected to include those in the time frame – and that although she truly enjoys writing the planning board minutes, she would prefer, the “five business days”, which means she does not have to include her personal time.
Mr. Levesque moved the requested change (144 hours to 5 business days). Ms. Pinello seconded. All yeses from the members. The motion passes.
Mr. Levesque moved to amend the By-Laws, Section 2, 2.1 to say “…And up to five (5) alternate members with not authorization …”. Ms. Pinello seconded. All yeses. Motion passes.
Rules of board procedure and operation in public meetings
The Board members discussed the following:
Questions concerning applications – discussion at regular meetings
Clarifications should be referred to staff
Application of juror standards
By-laws used – opinions sometimes needed of Town Counsel – should not be phone interpretations or paraphrasing – written opinions
Town Planner said that he wrote a memorandum for the legal opinions
The question asked as well as the answer should be in hard copy
Training Expectations and Opportunities for Board Members –New Board members required to take 6 hours of training
Some of the potential workshops were discussed.
Ms. Pinello had information concerning a UNH meeting – which Mr. Moore read to the Board. (Citizen Planner Collaborative, Keene Library, April 14 at 6:00 pm)
The importance of training and workshops was briefly discussed.
Mr. Levesque said that he had noted flaws in the meeting procedure such as that the Chair never motions or seconds and the attendee (audience) use of the phrase “point of order” was inappropriate. Mr. Levesque had the newly revised “Robert Rules of Order” and a chart which he thought would be useful for the Board members. He offered to create a “dialogue” for the Board members.
Discuss need and possibility for a Public Hearing on tabled amendments #5 & #6
Mr. Burnside asked if the meeting was posted.
Mr. Moore said that there is a possibility that the amendments will not be added to the Special Town meeting.
Mr. Burnside said there should be a public hearing on Excavation and Personal Wireless Service Facility.
Mr. Schacht concurred.
Mr. Lazar questioned the need for a Public Hearing. He asked what it would do to the Special Town Meeting. He stated that the Planning Board time is precious and that there is not enough time even with two monthly meetings.
Mr. Burnside said that Amendments #5 and 6 were left over from last year.
Ms. Pinello said that it should be addressed. She would like to have a vote.
Mr. Dubois questioned the need.
Mr. Burnside said that waiting until the end of the year can be problematic. He felt that the Board should “get it out there now”.
Ms. Pinello asked when the agenda would be set for the year.
Mr. Burnside said that the Board works on controversial issues but cases need to be dealt with first.
Mr. Lazar said that he did not think that there was sufficient information for the public and that the Board should be able to go forward with full confidence.
Mr. Lazar said that there was little reason to proceed as it would not affect the special town meeting, and that items needed to be addressed by the new board, that once the board had confidence in the proposals it should then proceed.
Vice-Chair Burnside said that it could go on next year’s.
Mr. Moore said that the Petition Warrant articles had rules but other Planning Board hearings do not have a time table.
Ms. Pinello said that public feedback and public input are appropriate.
Mr. Burnside said that Excavation needed to be addressed as a use. He wanted to see the Amendment on a ballot so that the people can vote.
There was a discussion among the Board members concerning Excavation that included special exceptions, permitted use, benefits to the town, state regulations (RSA155:e), etc.
Vice-Chair Burnside stated that a public hearing to include Excavation and PWSFs had been voted on and passed.
Mr. Moore said that the reason he had held off - it did not need to be posted until the 25th, and that Mr. Burnside had indicated the Board could discuss it tonight (at the meeting)
Mr. Lazar asked the board if there was need to take the motion to have a public hearing off the table, to kill the motion, or whether we could just simply not proceed with the public hearing. There was comment that if Mr. Lazar did not want to proceed with the public hearing that it must be reconsidered
Mr. Lazar moved to reconsider the decision made at the March 9, 2011 meeting to hold a Public Hearing to correct posting of Amendments #5 and #6.
Mr. Dubois seconded.
Roll call vote. Mr. Schacht, yes; Mr. Levesque, yes; Mr. Lazar, yes, Mr. Dubois, yes; Vice-Chari Burnside, yes; Ms. Pinello, yes.
Mr. Levesque said that he thought more work was needed.
Vice-Chair Burnside said that he wanted to see it continue and that there should be a ballot vote in the future.
Mr. Dubois said that there were details that needed to be worked out.
Mr. Schacht concurred.
Roll call vote; all no’s (not to hold a public hearing)
Roll call – all no’s (not to hold a public hearing)
Mr. Dubois made the suggestion suggestion to reconsider previous Planning Board decisions. The request for a Special Town meeting and would benefit from another look.
Mr. Dubois moved to reconsider the March 9 planning board decision to request of the Board of Selectmen a Special Town Meeting – for the purpose of voting on ZO amendments 1, 2, 3, 4, 7, & 8.
Mr. Lazar seconded.
Vice-Chair Burnside said that it was totally wrong. It was a 5 -2 vote. He said it was wrong to turn a previously voted decision by the past PB. He said that the previous PB had been balanced.
Mr. Lazar said that the ZO is in place to protect residents. The PB has a responsibility. It needs to set guidelines. He was in favor or reconsidering.
Mr. Schacht said that the vote should go to the people and not have two members who say no to everything.
Mr. Lazar said that Mr. Schacht should debate the motion not the person.
Mr. Levesque said that the motion to reconsider can only be made by a member who had voted at the March 9, 2011 meeting, as cited in Planning board Byu-Laws, Section 7. 7.1. Mr. Levesque said that his intent was to take more time to create a full ordinance and that he agrees with the motion.
Vice-Chair Burnside said that he thought it was wrong. He said that “you do not regulate with ordinances with ordinances. You regulate with regulations”.
Mr. Lazar stated that ordinances lay the necessary framework for regulation, that the wind turbine development has specific issues that need to be addressed.
Mr Lazar stated that ordinances lay the necessary framework for regulation, that wind turbine development has specific issues that need to be addressed
Mr. Levesque said that the Small Wind Ordinance was a good example
Mr. Burnside said that he thought it was a bad ordinance.
Mr. Levesque said that he wanted to vote to reconsider.
Ms. Pinello stated that there had been ongoing different point of views on the function of regulation and ordinance. She said that she had done a lot or research and thought that it is the ordinance and not the regulation. She supported the motion to reconsider.
Mr. Schacht said that the PB had voted for the ballot vote and that it should be given to the people to vote.
Mr. Burnside said that small business is currently over-regulated.
Mr. Dubois said [adequate regulation is different from over-regulation, not trying to oppose a wind farm]. He said that one person has been Eolian’s biggest advocate. There had been notices that were incorrect. He said that the vote should be next year.
Mr. Schacht agreed that some things have gone wrong but he still felt that the people should be allowed to vote.
Mr. Burnside said that the Board meeting was very contentious. He said that there were two new Board members and everything had changed. He said that nothing will get done if it should continue.
Mr. Levesque said that with all due respect, he wanted to review the regulations and ordinances, health, welfare, protect, etc – as a job of the PB. He wanted to vote to reconsider.
Mr. Burnside said the motion has been made.
Mr. Moore read it again: To move to reconsider the Planning Board request of the Board of Selectmen to hold a Special Town Meeting – for the purpose of voting on ZO amendments 1, 2, 3, 4, 7, & 8.
Mr. Lazar had seconded.
Roll call vote: Schacht, no; Burnside, no; Levesque, yes; Lazar, yes; Dubois, yes; Pinello, yes.
Motion passes to reconsider March 9, 2011 decision.
Mr. Levesque explained that the motion was now on the floor.
Mr. Schacht moved to wait until there is a full Board.
Mr. Burnside seconded.
Roll call vote: Schacht, no; Burnside, no; Levesque, yes; Lazar, yes; Dubois, yes; Pinello, yes
Motion fails
Original motion on floor
Motion was to request that the Selectmen hold a Special Town Meeting for voters to vote on Amendments # 1,2,3,4,7,8.
Roll call vote: Schacht, no; Burnside, no; Levesque, yes; Lazar, yes; Dubois, yes; Pinello, yes
Mr. Levesque requested that the information go promptly to the Selectmen.
Mr. Haggett asked what will happen next.
The PB just reconsidered – which means that the Selectmen do not have a recommendation from the PB.
Ms. Pinello said that she wanted it to be clear that there was a quorum.
Mr. Schacht said there was not a full board – 2 people were missing.
Lempster Wind Tower site visit for Boards – Tentative for Saturday, April 2 - FYI
Other Business
Ms. Pinello wanted to discuss the possibility of an ad hoc committee. She would like it and the membership considered. The membership might be as follows:
2 Planning Board Members
1 Selectman
2 – 4 members form the community with skilled knowledge
The committee would do an in-depth study of 2 – 3 months.
Mr. Burnside used the words one sided. A questionnaire might be appropriate.
Ms. Pinello used the Section 8 housing behind the library as a good example of a good committee that came up with a solution. She said that good decisions can be made when good information came in.
Mr. Dubois asked if the committee would report to the PB.
Ms. Pinello said that she could work on a charge for the ad hoc committee.
Mr. Lazar thought it was a great idea.
Mr. Burnside said that some committees do not get things done.
Mr. Levesque said that he thought it could work.
Mr. Burnside said that it would be necessary to get a balance.
Other members expressed the importance of balance, strong time commitment, traits that a member must have, etc.
Ms. Pinello repeated that she would work on the charge.
Mr. Dubois asked if the motion [previously made in the current meeting] sufficed.
Mr. Levesque said that all the amendments had been put back on the table and that the motion was to change the decision. The Planning Board had withdrawn its request to hold a Special town Meeting.
Mr. Dubois suggested that each amendment should be voted on separately. He thought it would be safer to reconsider each motion.
Mr. Dubois moved to reconsider the Planning Board vote of March 9, 2011 to adopt Amendment #1:
Amend Article III - “Definitions” to ADD under Section B
Wind Energy Facility: A power generation facility greater than 100 kilowatts in rated nameplate capacity and powered by wind sources, and delivering electricity, heat, or both in commercial quantities for on-site use and/or distribution to the utility grid. It shall also include any equipment required for the collections of data and/or testing to determine the viability of such energy facilities, as well as any accessory and appurtenant uses.
Mr. Lazar seconded.
Yes to reconsider. No not to reconsider.
A roll call vote was asked for.
Scott Burnside left. Steve Schacht left.
Mr. Levesque said there was still a quorum and that they should continue.
Roll call vote – all yes Motion passes
Original motion was on the floor
Roll call vote: all no. The Motion failed and the article amendment failed.
Mr. Lazar moved to reconsider the Planning Board vote of March 9, 2011 to adopt Amendment #2:
Amend Article III – “Definitions” for TO CORRECT REFERENCE under Section B
Cluster Housing Development: An area of land, controlled by landowner or landowners organization developed as a single entity for a number of dwelling units in accordance with Supplemental Regulations, Article XIV-C (Amended March 11, 2003)
Mr. Levesque seconded.
Roll call vote: yes – all
Original motion was on the floor
Roll call vote: all no. The Motion failed and the article amendment failed.
Mr. Lazar moved to reconsider the Planning Board vote of March 9, 2011 to adopt Amendment #3:
Amend Article V – “Highway Business District” for TO CORRECT REFERENCE under Section B, 1
Manufactured Housing Units (per Article XIV, Section U)
Mr. Levesque seconded.
Roll call vote: yes – all
Original motion was on the floor.
Roll call vote: all no. The Motion failed and the article amendment failed.
Mr. Lazar moved to reconsider the Planning Board vote of March 9, 2011 to adopt Amendment #4:
Amend Article V – “Highway Business District” and Article IX “Rural Conservation District” to ADD
Wind Energy Facility to Section B, 1 as Principal Permitted Uses
Mr. Levesque seconded.
Roll call vote: yes – all
Original motion was on the floor.
Roll call vote: all no. The Motion failed and the article amendment failed.
Mr. Lazar moved to reconsider the Planning Board vote of March 9, 2011 to adopt Amendment #7:
Amend Article XIV, Section O, 7 – “Supplemental Regulations” ADD REFERENCE
#7. Not show any exterior evidence of a home occupation except for signs as permitted in Article XVII, Section D - Signs Permitted in All Districts Without Permit
Mr. Levesque seconded.
Roll call vote: yes – all
Original motion was on the floor.
Roll call vote: all no. The Motion failed and the article amendment failed.
Mr. Lazar moved to reconsider the Planning Board vote of March 9, 2011 to adopt Amendment #8:
Amend Article XVII , Article XVII, Section E, 3 – “Sign Ordinance” CHANGE INCORRECT REFERENCE
- All signs shall conform with all provisions of Section C of this Article (Signs Prohibited in All Districts
Mr. Levesque seconded.
Roll call vote: yes – all
Original motion was on the floor
Roll call vote: all no. The Motion failed and the article amendment failed.
Mr. Lazar moved to appoint Mr. Dubois as Chair Pro Tem – after the fact. . Mr. Levesque seconded. Roll call vote: all yeses
Correspondence & Communications:
Planning Board Roster
Planning Department Hours of operation & contact info
SPNHF Statement on Northern Pass Project - FYI
.Mr. Moore read a letter from a concerned citizen.
At 10:00 pm, Mr. Levesque motioned to adjourn the meeting. Mr. Lazar seconded the motion. The meeting was adjourned.Respectfully submitted, Diane Chauncey, Secretary of the Planning Board
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