ANTRIM PLANNING BOARD
January 19, 2012
Members & Staff Present: Diane Chauncey (Secretary) David Dubois (Member) Jesse Lazar (Vice-Chair) Charles Levesque (Member) Martha Pinello (Member) Andrew Robblee (Chair) John Robertson (Ex-Officio)
Members & Staff Absent:
Scott Burnside (Member) Mike Tatro (Alternate) Stephen Schacht (Alternate)
Public Attendees:
Steve Campbell Ron Haggett Ashley Saari Mike Genest
Shelley Nelkens Elsa Voelker Sarah Vanderwende Sam Apkarian
Lucinda Healy Loranne Block Richard Block Mary Allen
Peter Beblowski Barbara Gard
7:00 PM – Public Hearing
Chair Robblee informed the Board that he had attended the January 9, 2012 meeting of the Board of Selectmen and had requested payment for the remainder of the Silas Little Planning Board Legal Counsel bill. The Board of Selectmen stated that they would not pay the bill. The Planning Board determined that a letter should be sent to Attorney Little stating the reasons that the bill could not be paid. Chair Robblee stated that he would write the letter
Zoning Ordinance Amendments
The Zoning Ordinance Amendments were read by the Secretary. There were no comments by the Public Attendees on Numbers 2, 3, 5, 6. (these 4 amendments have clarifications or reference changes – considered “housekeeping” of the Zoning Ordinance).
Amendment #4 had several comments.
4. Are you in favor of the adoption of Amendment #4 as proposed by the Planning Board for the Antrim Zoning Ordinance as follows:
To amend Article XIV-B – “Personal Wireless Service Facility” (PWSF) CHANGE TO READ
Section 4. DISTRICT REGULATIONS:
Location – PWSFs proposed to be located in or on existing structures shall be permitted in all zoning districts. PWSFs shall be an allowed use in the Highway Business district, and by a Special Exception from the Zoning Board in the Rural, Rural Conservation, and Lakefront District. Ground-mounted PWSFs will not be allowed in the Residential or Village Residential Districts. In any district where ground mounted PWSFs are allowed by Special Exception no portion of the facility except roads, shall be located within 300 feet of any abutting structure.
Comments:
A PWSF should not be within 300’ of an existing structure.
A cell tower is not appropriate in the Rural Conservation District (RCD).
The proposed amendment would not affect the proposed cell tower for Smith Road.
#1. Large Scale Wind Energy Facility
Mr. Levesque reviewed the LWEF and the changes that occurred at the January 4th meeting. The Public Attendees made comments and asked questions. The Board members answered questions and listened to the comments.
What would happen if in fifty years the company went bankrupt or out of business?
Decommissioning bonds would have been in place.
The Town of Antrim would have had a bond on the project.
The Town of Antrim’s contract would be in place.
8.3 – Shadow flicker – confusing and contradictory –the 2 sentences contradicted each other – and could potentially become a gray area
12.4 Permit to operate – if not transferrable – did not make sense
The Planning Board wanted to be assured that the bonding process was in place with the new operator. The Board saw the Permit to Operate transfer as a housekeeping measure.
12.4 Permit to Operate – would the twenty years start all over again?
The same standards must be met by the new operator.
The twenty years would start again.
Noise level is still too low and should be changed
Board Members asked the definition of “too low” in order that the numbers could be used in the deliberation No numbers were given. The Groton noise report was referenced and attendees were encouraged to review the report.
Loranne Block email read by Ms. Block – Her email addressed 7.2.1 (Setbacks), 7.2.2.1 (Acoustics) – she thought that 35dba for day and 30dba for night should be the numbers
13.2 was thought to be “far too arbitrary”
Consultant Planner, Ms. Ogilvie, explained that the PB approval and conditions would stay in place. Changes could only occur if a new application was submitted.
Concern that Property Values were not in the LWEF Ordinance
Members explained that property values were in the responsibility of the Board of Selectmen, not the Planning Board. The standard procedure for a property value grievance was the abatement process. The Board of Selectmen could write property values into the contract or residents could use the standard appeal process.
Blasting – Concerns of notification prior to blasting – unable to find the notification process in the Department of Transportation standards
Board Members were able to direct the resident to the appropriate section in the DOT standards.
7.1.2 – Height – change from 450 to 500’
A long discussion occurred.
Some attendees felt that 500’ was excessive and would make the Town of Antrim the most permissive in New England. It was felt that 500’ would put the town at greater regional impact and that the height of the turbines should be revisited.
The Lempster Wind Farm and its turbine heights were discussed. One attendee felt that many homes were “For Sale” because of the Lempster Farm.
The discussion continued. The deletion of sound testing at property lines was a concern.
One attendee felt that the health and welfare of the people of Antrim could be affected by taking away the base line and that property values could be affected. This resident felt that property values would be negatively affected.
Ms. Gard (an AdHoc Committee member) stated that residents should not think about the overlay of the Eolian project, but rather about other places in the Town where turbines could be constructed. She stated that height should be considered with sound levels.
The height discussion continued. Some felt that 500’ was way out of line. Others felt that the greater height could possibly limit the number of towers.
13.2 Issuance of Conditional Use Permit - The wording was vague and should be cleaned up.
A short discussion occurred. There continued to be some confusion about the term “conditional use”.
Consultant Planner Ms. Ogilvie stated that the Conditional Use Process gave the Planning Board a different kind of authority. The Board would be allowed to waive certain portions of the Ordinance according to the application submitted. Conditional Use was completely different from “Permit to Operate” which was a means of monitoring (over time) inspections, bonds, etc.
Mr. MacDonald stated that he now understood conditional use.
The discussion continued with concerns about property rights.
Some residents felt that the ordinance as written affected their property rights. Ice throw and debris were mentioned as a potential liability. Another attendee stated that she spends most of her time outdoors and that if she lived near a turbine, she would need to put up with the noise, and that would be totally non-sensical and would not benefit the people who live in the area of the turbines.
Some attendees felt that if the ordinance were crafted properly, the sound issue would be minimized. The decibel levels were discussed.
The Groton Noise report was referenced as a particularly good source for describing the method of sound testing. LWEF Ordinance 8.1.5 should be referred to for thresholds.
A question arose concerning noise complaints that arose because of the turbines. It was speculated that a policy would be in place, in which an inspection would be done to assure that the conditions of approval were being met.
The question was asked if greater height of the turbines (500’) would decrease the number of turbines. If so, the wording in the ordinance should be corrected. It was strongly suggested by this attendee that the height should go back to 400’ or 450’.
The conditional use procedure was discussed again. Ms. Ogilvie explained that conditional use process was similar to the Planning Board site Plan Review approval process. The decision would only be appealable to the Superior Court.
One attendee felt that the conditional use process would be difficult for the Town Of Antrim by creating numerous legal cases.
Chair Robblee thanked the participants of the Public Hearing and closed the Hearing portion of the meeting.
The Board members had made their own notes during the hearing. The comments were discussed and changes were made by consensus. The changes are shown in the attached Proposal for Public Hearing – February 6, 2012 (the “re-lined” version which was also posted on the town’s website on January 5, 2012.)
Some of the discussion items were as follows:
Occupied Structure – The Board realized that a definition was needed. After a long discussion, the Board decided on the following:
The term, occupied structure - any permanent structure adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present.
Height of the turbine
After a short discussion, the height was changed from 500’ to 450’ with the understanding that the height was something that could be waived.
Blasting
The Board determined that the Department of Transportation standards answered any questions that had been commented on by the public. No changes were made.
Setbacks (7.2.1) and Acoustics (7.2.2)
After a long discussion, no changes were made.
7.2.2.1
Wording was added: “if no pre-construction ambient sound testing is completed” (for clarification).
Shadow Flicker
A sentence was removed for clarity.
Mr. Lazar moved to adopt the LWEF Ordinance and the edits made the evening of January 19, 2012. Mr. Levesque seconded.
A discussion occurred. Chair Robblee wondered if the ordinance should be put off because of the present project and the closeness to the special Election. He worried that it would not pass.
Mr. Lazar stated that the ordinance was a benefit to the Town.
Chair Robblee said that maybe another time would be better for the vote.
Mr. Dubois stated that the ordinance should be positively promoted and to make it clear that this ordinance did not have to do with the Eolian project.
Mr. Lazar stated that the Board had tried to create a functional ordinance and he hoped that Mr. Burnside and Chair Robblee would support the ordinance.
Ms. Pinello asked Mr. Robertson if he would support the ordinance.
Mr. Robertson stated that the ordinance was better, but that he thought that the recommendations of the industry standards had not been reflected. He said that he thought the vote had a 50/50 shot.
Ms. Pinello repeated the question.
Mr. Robertson said that the standards do not show up in the right places.
Ms. Pinello asked where the standards had not been applied.
The Groton wind study was discussed and it was decided that Mr. Robertson should review the findings of that report. The secretary stated that she would print the report for Mr. Robertson as well as post it on the website.
There was a short discussion of a press release and an article for the Limrik and to emphasize that the ordinance had nothing to do with the Eolian project.
The motion was still on the floor.
Roll Call Vote: Mr. Dubois, yes; Mr. Levesque, yes; Mr. Lazar, yes; Chair Robblee, yes; Mr. Robertson, yes; Ms. Pinello, yes. The motion passed with a unanimous vote.
At 10:15 PM, Mr. Levesque moved to adjourn. Mr. Dubois seconded. All approved to adjourn - by a voice vote.
Respectfully submitted, Diane Chauncey, Secretary of the Planning Board
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