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Planning Board Minutes 05/02/2013
ANTRIM PLANNING BOARD MEETING MINUTES
May 2, 2013
Two Conceptual Consultations
Home Occupation Definition Review

Members & Staff Present:             Diane Chauncey (Secretary)         Chris Condon (Member)
Jesse Lazar (Chair)                  Steve MacDonald (Member)           Martha Pinello (Member)      Charles Levesque (Vice-Chair)   Sarah VanderWende (Member)         
                
Members Absent:
Janet McEwen (Alternate)        Gordon Webber (Ex-officio)                      
                                
Public Attendees:
Frederick James Kenneth Boucher

7:00 PM Conceptual Consultations:
Chair Lazar opened the meeting at 7PM.

Flea Market on Route 202

Chair Lazar asked Mr. Boucher to present his proposal.

Mr. Boucher began by showing a plan of his property on which he proposes to operate a Flea Market. He stated that the Flea Market would operate Memorial Day to Labor Day on Saturdays from 8 AM to 3 PM. He indicated the 46 parking areas (on the grass to the left of his house) and 31 vendor sites (to the right of his house). He stated that there would be very little impact to the parcel – no trash would be created; porta potties would be available. Mr. Boucher stated that was the proposal and that he wanted to know if the proposal would require further action from the Planning Board.

The Board stated that the criteria for home based business (from the Antrim Zoning Ordinance) should be reviewed.

Any activity that meets at least one of the below listed criteria will be considered a Home Based Business for purposes of this ordinance.

  • The commercial activity on the premises is not performed entirely within a dwelling or structure accessory to the dwelling.
The proposed business would be performed outside the structure
  • The number of on premises, non-resident employees is greater than one.
No other employees
  • Changes the residential character of the property in any visible manner.
Cannot be determined without an application
  • Shows exterior evidence of the commercial activity except for signs as permitted in article XVII of Antrim’s zoning ordinances.
The business would show evidence of commercial activity
  • Displays or stores materials, goods, supplies or equipment outdoors
No
  • Parks or stores more than two (2) vehicles used in the commercial activity on the premises.
No
  • Involves the presence of mechanical equipment used in a business
No

Having reviewed the criteria, the Board discussed the options and determined that Mr. Boucher would need to submit an application. Mr. Boucher would need to review the criteria for both the Major and Minor Site Plan Review and determine which would best fit his proposal. Some of the criteria could possibly be waived. Mr. Boucher would need to request in writing – which criteria he felt should be waived.

The Board discussed some of the issues that could possibly be addressed in an application:
        Parking
        Dept. of Transportation approval
        Traffic impact
        Boundary delineation
        Dept. of Environmental Services wetlands survey and approval (Mr. Boucher has this)
        
Chair Lazar asked Consultant Planner, Ms. Ogilvie for her thoughts on the proposal.

Ms. Ogilvie stated that the Planning Board has the authority to determine whether the proposal is a major or minor site plan review. She said that most of the items in the Major Site Plan Review have to do with construction and that construction is not the case in Mr. Boucher’s proposal. She also said that it would be important to address the neighborhood impact and that could be accomplished in either review (Major or Minor) -  as abutters would be notified of the Public Hearing. The issue of boundary delineation is not required in all towns.

Mr. Boucher thanked the Board.

Home Occupation on Elm Avenue – Frederick & Coreen James

Chair Lazar asked Mr. James to present his proposal.

Mr. James thanked the Board for “coming out this evening”.

Mr. James stated the following:
        The new business would be a home occupation.
        The business will not change the existing structure.
        The business would not change the traffic.
He is authorized by the Alcohol, Tobacco and Firearms to make deliveries to Police Departments – mostly for ammunition replenishment.
He prefers to keep the business small and quiet.

The Board reviewed the Home Based Business criteria:

~~~~~CRITERIA FOR HOME BASED BUSINESS

Any activity that meets at least one of the below listed criteria will be considered a Home Based Business for purposes of this ordinance.

  • The commercial activity on the premises is not performed entirely within a dwelling or structure accessory to the dwelling.
Will be performed within the dwelling
  • The number of on premises, non-resident employees is greater than one.
No employees
  • Changes the residential character of the property in any visible manner.
Does not change the character
  • Shows exterior evidence of the commercial activity except for signs as permitted in Article  XVII of Antrim’s zoning ordinances.
Test firing of guns may occur
  • Displays or stores materials, goods, supplies or equipment outdoors.
No
  • Parks or stores more than two (2) vehicles used in the commercial activity on the      premises.
No
  • Involves the presence of mechanical equipment used in a business.
No

Mr. James stated that he was still in the service but that he was planning ahead and wanted to try the business and see if it worked for him and his family.

The Board discussed some of the issues that may occur.

The proposed business fit within the criteria of a home occupation.

The Board wished Mr. James good luck and Mr. James thanked the Board for their time.

Business Meeting:

Approve April 18, 2013 minutes Ms. VanderWende moved to approve the minutes. Mr. MacDonald seconded. After a short discussion, the minutes were approved as amended.

Home Occupation – continued discussion

The Board had requested Ms. Ogilvie’s review of the Home Occupation portion of the Antrim Zoning Ordinance. Ms. Ogilvie had written a letter (attached to official minutes in the Planning Department) stating her recommendations.

Ms. Vanderwende suggested that the recommendations should be accepted.


Ogilvie Recommendations:

(1) To keep the language in Article XIV, Special Provisions, of the zoning ordinance that lets people
Know that home occupations are permitted, subject to the particular criteria. A sentence should be
added stating that they are permitted in all districts subject to the following criteria. Having the
language there will save a lot of inquiries at Town Hall from people wondering if they can do
something. Also, since the definition already says that site plan review is not required, I don’t think
any additional language here is necessary.

(2) To avoid additional confusion, the home occupation language in the Lakefront Residential District
should be removed; that way, Article XIV is the governing rule on home occupations and where they
may be located.

(3) Remove the provision in Article XIV that allows one non-resident employee. That makes this
Provision consistent with the definition and eliminates the need for parking or any other level of review.

By consensus, all agreed with the recommendations and that the amendments addressing the recommendations would be addressed at a future date.

Earth Excavation Regulations – Deliberation

Ms. Ogilvie had reorganized the information. After a short discussion of the reorganization, Mr. Levesque moved to adopt the Earth Excavation Regulations; Mr. MacDonald seconded.

Roll call vote: Mr. Condon, yes; Chair Lazar, yes; Mr. Levesque, yes; Mr. MacDonald, yes; Ms. Pinello, yes; Ms. VanderWende, yes. The motion passed unanimously.

Many of the Board members felt pleased that the Earth Excavation Regulations had been adopted. Ms. Chauncey will contact the pit operators with copies of the regulations and applications for their submissions.

Workshops and Trainings:

19th Annual Spring Planning & Zoning Conference – May 11, 2013
Monadnock Conservancy - 2013 Conservation Training for Town Officials & volunteers - FYI

Other business:
SEC – nothing has changed

At 8:15 pm, Mr. MacDonald moved to adjourn; Ms. VanderWende seconded. By a unanimous vote, the Board moved to adjourn.

Respectfully submitted, Diane Chauncey, Secretary of the Planning Board