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Planning Board Minutes 04/21/2011
ANTRIM PLANNING BOARD MEETING
April 21, 2011

Members & Staff Present:
Scott Burnside (Vice-Chair)             Diane Chauncey (Secretary)        David Dubois (Member)   
Jesse Lazar (Member)            Martha Pinello (Member)         Andrew Robblee (Member) John Robertson (Ex-Officio)             Stephen Schacht (Alternate)                       
Charles Levesque (Member) via telephone
                
Members & Staff Absent:  None
        
Public Attendees:
Shelley Nelkens         Mike Tatro              John Soinien            Molly Moore
Joe Koziell                     Gordon Webber   Rob Michaelson  Janet McEwen
Mike Genest

7:00 PM - Review Period:

  • Review the Minutes for meetings  March 17 and April 7, 2011  
  • Appoint alternates to sit for absent members – not necessary
7:15 PM –  Public Hearing – Continued from March 17, 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 (not subject to vote of the legislative body) – Mr. Hopkins can not attend – continue to 5/5/2011?
Mr. Lazar moved to continue the Public Hearing to May 5, 2011. Mr. Burnside seconded.
All ayes to continue the Public Hearing.

Business Meeting:

Discuss representation for Planning Board at SEC Public Session – Friday, April 22.

Ms. Pinello had prepared a letter to the SEC which she said was a compilation of two approved Planning Board documents. The secretary read the letter.

The Board discussed who on the Planning Board can vote. (Historically, the elected Members and Alternates have voted on procedural and administrative issues, but not on an applicant’s proposal). There was no resolution.

Ms. Pinello reiterated her concerns for the April 22 Site Evaluation Committee meeting. She moved that a designee of the Chair should be present, and if the Planning Board is called on, the letter would be read as if from the Planning Board.

PB Members said that if there were questions to the presenter, he/she would only have the authority to speak to the Planning Board letter.

Mr. Lazar seconded.

Discussion:
  • Some Board members were concerned that the Board was clearly divided and how would the Board’s information be presented to the SEC
  • Assurance was made that the member who spoke would be speaking for the Board and that the letter to be read was consistent with what had been previously sent to the SEC – only have the authority to make statements to the letter
Roll call vote: Mr. Levesque, yes; Mr. Burnside, yes; Mr. Lazar, yes; Ms. Pinello,yes; Mr. Robblee, yes; Mr. Robertson, yes; Mr. Dubois, yes; Mr. Schacht, yes.

Legal Counsel for Planning Board

There was a discussion of the possibilities of Legal Counsel for the Planning Board. Some of the points discussed:

  • Some PB members felt that Town Counsel could not represent two points of view
  • Legal counsel may be needed for a point of view especially when there are two opposing components
  • Legal counsel would be of value but the Town is constrained by budget
  • Local Government is a cost-free alternative, but can not represent as Counsel would
  • Money for legal counsel – need Selectboard’s  approval
Antrim Wind Energy – John Soinien -  Request to be placed on agenda

Mr. Soinien explained that a Variance Request for height and use had been filed on April 16 to the Zoning Board of Adjustment. The request was to be asked without prejudice to any previous application. He stated that litigation was not in the best interest of the Town of Antrim. The proposed variance would be a method to eliminate the litigation. Although, Mr. Soininien was unable to speak to pending litigation, he felt that this would be good for the Town.

Alternate to the Planning Board – Request for consideration by Joseph Koziell

Mr. Koziell stated his qualifications for Planning Board alternate: years of service, contractor for erosion control, dedicated, etc.

Two Board members spoke in favor of his service and qualifications: listens fairly, knows erosion controls, understands site plan review, a huge asset.

Two Board members spoke against his nomination because he had the least number of votes and that Public confidence needed to be rebuilt.

Other members felt that the election had been the perfect storm – anyone could have voted against the incumbents. One member felt that the time on the Board is not just about the wind project – there are many other aspects of the Planning Board – site plan review regulations, sub-divisions – and that membership continuity is critical.

Mr. Burnside moved that Mr. Koziell become an alternate. Mr. Schacht seconded.
Roll call vote: Mr. Levesque, no; Mr. Burnside, yes; Mr. Lazar, no; Ms. Pinello, no; Mr. Robblee, yes; Mr. Robertson, yes; Mr. Dubois, no; Mr. Schacht, yes.

Tie - Motion fails
Mr. Burnside expresses his frustration

Work Session:

Large Wind Energy Facility Ordinance Ad Hoc Committee Organization
Large Scale (Industrial Wind) Facility

Ms. Pinello shared a handout (attached) which she and Chair Robblee had set goals – each expressing that they did not know what would occur at the SEC on the coming Friday (April 22).

Points discussed:

  • Goals
  • Flow chart with schedule
  • Quorum of the ad hoc committee
  • Process – the potential members
  • Forming subcommittees - why isn’t the Planning Board doing this?
  • Importance of ad hoc committee members to have had past PB & ZBA membership
  • Permitted use or Special Exception
  • Definitions
  • Winds resources overlay
  • Difference between an ordinance and a regulation
Residents vote on ordinances; Planning Board votes on regulations
  • Zoning Ordinance is in place
  • An ordinance is a separate issue from a regulation
  • Possibility of wind ordinance overlay
  • Ordinance would become another article
  • Comparison made to 155:e ( Excavation RSA)
  • Regulations should be within the Ordinance
  • Seems like the goal is for one specific project
  • There are other places in the Town of Antrim that also have wind resource
  • Ordinance is where and what should be done to be allowed. The specifics of the ordinance – to be voted on by the Board
  • Where the definitions should come – nomenclature should be clear
  • The State of Maine has  38-page ordinance
  • Meetings should be once a week
  • SWRP could be helpful with developing the overlay
  • Not much time – some of the work is already done
  • No industrial roads are presently in the Zoning Ordinance
  • The Antrim Site Plan Review addresses many of the discussed items
  • What will be the makeup of the committee – members who will show up and work hard
  • Special Exceptions can be variable and are brutal on the applicant
  • Questions of another committee when a Planning Board is already in place
  • The ad hoc committee will come up with the ordinances and regulations
  • An overlay is the easiest – need to go where the resource and the access are present
  • Overlay the whole town
  • Should nominations be solicited or should the committee be committed
  • Mr. Block’s letter and desire to be on the committee
  • Need to be done quickly
  • The Zoning Ordinance is written to protect the people of Antrim
  • Members should have experience in construction, engineering, business finance, legal, etc
  • The committee should not try to recreate the wheel
  • Some – the PB should do it  - experience
  • Ms. Pinello thought that there was a clear reason for an ad hoc committee
  • Timeline necessary and much legwork for the committee`
  • The committee would present to the Planning Board
  • A list of possible members was given – six appointed members and 1 x-officio
                                                
Correspondence & Communications:

  • Letter to Town Clerk – Certification of Planning Board Officers
  • NH Town & Country Article – Running a Smooth Public Hearing by C. Fillmore
  • Regional Impact notices – Dunbarton and Greenfield
Business Meeting:
  • Non-Public Session  91-A:3 (c) -  Personnel matter
10:15 pm, Mr. Burnside motioned to adjourn. Mr. Dubois seconded.  All yes to adjourn.

Respectfully submitted, Diane Chauncey, Secretary of the Planning Board