ANTRIM PLANNING BOARD MEETING MINUTES
August 30, 2012
Workshop
Members & Staff Present: Diane Chauncey (Secretary) David Dubois (Chair)
Charles Levesque (Member) Ron Haggett (ZBA) Shelley Nelkens (ZBA)
Steve MacDonald (Member) Janet McEwen (Alternate) Sarah VanderWende (Member)
John Kendall (ZBA) Ray Ledgerwood (ZBA) Jesse Lazar (Vice-Chair)
Martha Pinello (Member) Carol Ogilvie (Consultant Planner)
Members & Staff Absent: Mike Genest (Ex-officio)
Public Attendees: None
6:00PM Planning Board and Land Use Regulations:
Ms. Ogilvie presented a “lecture” which she presented as a power point (available at the Town Hall in the Planning Board Minutes binder).
Six Basic Land Use Regulations were discussed:
- Subdivision (RSA 674:35 & 36)
- Site Plan Review (RSA 674: 43 & 44)
- Excavation (RSA 155:E)
- Driveway Regulation (RSA 236:13)
- Scenic Roads (RSA 231: 157 – 158)
- Zoning (RSA 674:16)
Each topic was presented and there was an opportunity to ask questions.
Board to consider Attorney Waugh’s presentation of oral arguments (instead of the already authorized reply brief) at the SEC session on September
Chair Dubois gave a summary history of Atty Waugh’s position with the Antrim Planning Board. He stated that Atty Waugh had been authorized by the Board (August 16, 2012 PB Meeting) to write a 2 hour follow-up reply brief on the SEC authority to subdivide in the Town of Antrim. Atty Waugh had admitted that he had been busy and had not done the 2 hour reply but his schedule would enable him to present an oral argument in Concord on September 6, 2012. Chair Dubois said that Atty Waugh gave an estimate of 5 hours to prepare the argument and that he felt he would be more effective with an oral argument than a written brief. Chair Dubois stated that the question for the Board: whether or not to hire Atty Waugh to prepare an oral argument to be presented to the SEC on September 6, 2012.
Mr. Levesque stated that it was significant for the Planning Board to have Atty Waugh present the argument and that the subdivision authority issue was a “big enough deal” and the decision would be precedent setting.
Ms. VanderWende stated that the Board should be represented and questioned if the time already expended for the attorney could be billed as a consultant.
Chair Dubois stated that the money would come out of legal.
Mr. Levesque stated that Atty Waugh had not used the full amount the first time he was hired ($1475 had been spent out of the allotted $2000).
Mr. MacDonald questioned why Ms. Pinello and Mr. Levesque could not argue the brief.
Ms. Pinello stated that Board members were not lawyers and could not argue a brief.
Mr. Levesque stated that the monetary difference was only a few hundred dollars. He said that Atty Waugh was one of the top five land use lawyers in the state. He continued that the SEC had realized the complexity of the subdivision authority issue and that Chair Ignatius and Atty Iacopino had then asked for the submission of briefs.
Motion: Move to engage the services of Atty Waugh for up to 51/2 hours to prepare an oral argument on the subdivision authority and present that argument to the SEC on September 6, 2012.
Made by: Mr. Levesque and seconded by Ms. VanderWende.
Roll Call Vote: Mr. Levesque, yes; Vice Chair Lazar, yes; Chair Dubois, yes; Ms. VanderWende, yes; Ms. Pinello, yes; Mr. MacDonald, no. The motion passed 5 – 1.
Mr. Levesque asked Chair Dubois if he would consider asking Atty Waugh to review the public utility as a permitted use in the Antrim Zoning Ordinance. He stated that public utility is not defined in the Antrim Zoning Ordinance. [The Hillsborough Superior Court decision of July 5, 2012 {Case # 216-2010-EQ-00245 AWE, LLC v. Town of Antrim} reversed the ZBA’s decision that AWE’s met tower is not a “public utility” for purposes of the Antrim Zoning Ordinance.] Page 5 of the Order stated …the court finds that a met tower, as a necessary antecedent to a commercial wind farm constitutes a “public utility’ within the meaning of the ordinance. Therefore, the court finds the ZBA unlawful determined the met tower did not constitute a “public utility”.] Mr. Levesque would like
Atty Waugh to read the decision and tell the Board what he thought.
Chair Dubois was reluctant to expand the scope of Atty Waugh’s task.
Mr. Levesque said that he thought it could be a 5-minute conversation with Waugh to explain the issue.
After a short discussion, Chair Dubois said that he would ask Mr. Levesque’s question. Chair Dubois also asked that Mr. Levesque ask the same question of the Local Government Center.
At 8:45, Mr. Levesque moved to adjourn. Ms. Pinello seconded the motion. The Planning Board approved.
Respectfully submitted, Diane Chauncey, Secretary Planning Board
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