ANTRIM PLANNING BOARD MEETING MINUTES
January 16, 2014
Public Hearing for a Petition Warrant
Antrim Town Hall -Upstairs
Members & Staff Present: Diane Chauncey (Secretary) Chris Condon (Member)
Jesse Lazar (Chair) Charles Levesque (Vice-Chair) Steve MacDonald (Member) Janet McEwen (Alternate) Martha Pinello (Member) Sarah VanderWende (Member) Gordon Webber (Ex-officio)
Public Attendees: See attached Public Attendees sign up sheets
7:00PM Public Hearing:
Citizen’s petition requesting the following addition to the Zoning Ordinance ballot (Are you in favor of adoption of an amendment to the Town of Antrim Zoning Ordinance which would provide for the development of Commercial Wind Farms in the Rural Conservation District and the Highway Business District and establish specific development standards, including standards on proper construction, public health and safety, noise, environmental and visual impacts, and require operational agreements with the Town?)
Chair Lazar opened the meeting at 7pm, the Board was introduced; no alternate was needed.
Chair Lazar explained that there were a few items to discuss prior to the start of the Hearing.
Chair Lazar stated that specific rules (copies of the rules were available at the sign-in table) would be utilized for the Hearing. He asked for a motion to adopt the rules, noting that rule #1 would allow only Antrim residents to speak.
Vice-Chair Levesque moved to adopt the rules. Mr. MacDonald seconded.
Chair Lazar asked for discussion of the motion. There was none.
By a roll call vote (Mr. Condon, yes; Ms. VanderWende, yes; Chair Lazar, yes; Vice-Chair Levesque, yes; Mr. MacDonald, yes; Mr. Webber, yes) The motion passed.
The next item concerned Mr. Condon who had signed the petition and it was questioned whether or not he should sit.
Mr. Condon stated that he chose not to recuse himself, based on the opinion of the NH Municipal Association.
Chair Lazar stated that he considered it a conflict and read from the NH Municipal Association letter (written by Paul Anderson, staff attorney for the NHMA - attached).
Vice-Chair Levesque stated that he had spoken with Carol Ogilvie (Planning Board’s Consultant Planner) and that she knows at least two attorneys who believe the member should recuse himself I this situation. Vice-Chair Levesque also said that in the case Winslow v. Town of Holderness, 125 N. H. 262 (1984) it was affirmed “that if a member of a land use board acting in quasi-judicial capacity ‘must be disqualified if he or she is ‘not indifferent’ to the outcome of the application’. If a member does not withdraw him or herself, any final decisions by the Board could be ruled invalid since, according to this case, ‘it was impossible to estimate the influence one member might have on his associates.” Levesque closed by saying that, ” legally we could be open to lawsuits if Mr. Condon
does not recuse himself”.
The Secretary read the Public Notice that had been advertised in the Ledger/Transcript, the Villager, the inside and outside bulletin boards at the Town Hall, the community bulletin board of the Post Office, and the www.antrimnh.org website.
Chair Lazar said that the purpose of tonight’s hearing is to determine whether or not the Planning Board recommends the proposed Zoning Ordinance amendment, which is to appear on the warrant by way of a petition, per RSA 675:4. The method of enactment by petition allows for a group of 25 or more citizens to propose a change to the Zoning Ordinance which will be voted on at Town Meeting. It is not possible to amend the proposal.
Vice-Chair Levesque read the rules (Hearing Rules for January 16, 2014 on Petition Zoning Change - attached – meaning attached to the hard copy minutes at the Town Hall and to the minutes on the website).
Chair Lazar asked, “Is there anyone who cannot abide by the rules?” When there was no comment, he opened the Public Hearing.
Public Hearing:
“Recommended by the Planning Board” or “Not recommended by the Planning Board” was the intended outcome of the Public Hearing. The following residents commented on the petition warrant and most made their recommendation to the Board. Most of those who spoke had prepared statements and copies of their statement for the Board members. Testimony submittals are attached to the minutes. The following commented:
Peter Burwen - Maple Avenue Statement attached – Not to recommend
He had 4 points
Conflict of interest
Flawed petition and signatures
Appearance of impropriety
Impartial reminder and scope
Shelly Nelkens - North Main Street
Questions about:
- Shadow flicker
- Setback for property line
- Warning sign placement
- Noise – 50dbls – rather loud
- Limit to the number of towers
Mary Allen - Summer Street Statement attached – Not to recommend
Comments:
The ordinance has been developed by the wind energy development firm and
Specifically designed to meet the developer’s needs
Preparation of the zoning ordinances is the role of the local, elected Planning Board, and
Ultimately the voters
Two Planning Board comprehensive and reasonable zoning ordinances for large-scale wind
development were offered to the voters but were defeated at the strong urging of this
wind energy firm.
Ms. Allen stated that the proposed document before the Planning board differed greatly
From what good, thoughtful zoning ordinances should be. She listed 4 reasons
Katherine Sullivan – Willard Pond Road Statement attached – Not to recommend
Comments:
Read the definition of the Rural Conservation District from the Antrim Zoning
Ordinance
A town ordinance should not be written by a utility company - concerned about
The transformation of a protected landscape and fragile ecosystem
Peter Moore – Clinton Road Statement attached – Not to recommend
Comments:
He was concerned that the 11-page document of the petition article had not been read
by all of those who signed it
There were glaring omissions that should be considered
Cynthia Crockett – Pierce Lake Road Recommend
Ms. Crockett asked if there was any other [wind] ordinance in place.
She also asked if the residents had the right to vote yes or no
Loranne Carey Block – Loveren Mill Road Statement attached – Not to recommend
Comments:
Document is a “woefully inadequate amendment to the zoning ordinance”
An industrial wind farm should not be considered a “green” solution
SEC decision should not be minimized
Annie Law - Farmstead Road Statement attached – Not to recommend
Comments:
Enjoy the peace and serenity of the Rural Conservation District and do not want it
Destroyed by Eolian/AWE
Listed 10 reasons why the ordinance is inappropriate for the RCD
Bob Cleland – Farmstead Road Statement attached – Not to recommend
Comments:
Concurred with Annie Law testimony
“Please do not ruin the Rural Conservation District.”
Elsa Voelcker – Old Pound Road Statement attached – Not to recommend
Comments:
Antrim’s RCD is part of an important wildlife corridor
The wind farm would jeopardize the corridor
Wildlife is not mentioned in the proposed ordinance
Brian Biehl – Jameson Avenue - Not to recommend
Comments:
Boiler plate ordinance – contents of agreement are from the memorandum of agreement
Glaring omissions
SEC has spoken – this ordinance is just an attempt to make end run
Empty shell written for a specific project
Barbara Gard – Pleasant Street Statement attached – Not to recommend
Comments:
Proposed ordinance is inadequate
No responsible Planning Board should rubber-stamp developer-written text as
appropriate zoning for a town
Richard Block – Loveren Mill Rd Statement attached – Not to recommend
Comments:
No protection to Antrim citizens
The ballot wording is deceptive
No further mention [after page one] of visual impacts, aesthetic impacts,
landscape preservation, public health, pollution, environmental impacts, or
property value impact.
Tim Perry – Clinton Road
Comments:
Opposition to the ordinance is lack of knowledge
Examples of nose levels – e.g.: 50 db – a breezy day at Gregg Lake
Wind is a way to preserve the environment
Sugar maples are being lost – noted climate change
Fred Ward – Town of Stoddard Statement attached
Brenda & Mark Schaefer – Salmon Brook Road Statement attached – Urged not to recommend
Comments:
Mr. Condon should recuse himself
Referred to Winslow v. Town of Holderness
Janice Longgood – Salmon Brook Road Urged not to recommend
Comments:
Land purchased to live in a protected environment
End run to get a project for own personal gain
Ben Pratt –Littles Lane Statement attached.
Steve Ullman – Gregg Lake Road
Comments:
Other than the creation of Conval – never a time when the community has been more
divided
3 questions:
8a. Height limit – what if they were shorter
10a. – Do the design standards of lighting meet the current FAA policy
13a. - Noise restrictions
Will there be a compensation for home owners if the wind turbines are too noisy
Would like a definitive end to the issue
Ron Haggett- Elm Ave
Comments:
The residents should vote yes or no on the ballot
A Site Plan review by the Planning Board will be necessary
Bob Edwards – Turner Hill Road Statement attached – Urged not to recommend
. Comments:
Member of the Planning Board ad hoc committee
Had the privilege to testify with intervenor status before the SEC
An ordinance should not be prepared by the developer – their ordinance has been ill-
conceived and will have unintended adverse consequences
The town board has been bypassed – the State of NH established the Planning Board
as the developer of zoning ordinances
If the Town is serious about renewable energy – the Planning Board should develop a
a renewable energy plan
Listed 13 comments on the Proposed Ordinance
Bob Flanders – Clinton Road
Comments:
If the PSNH Bow plant was closed – what will it be replaced with
Has spent much time up north – the wind turbines there are not a problem – he thinks
they are beautiful
The wind turbines are a simple form of electricity
If town should vote in favor of the ordinance – “Leave it alone!”
Cindy Crockett (2nd time) –
Comments:
Time for Antrim to pony up
Agreed with Bob Flanders
Urge Planning Board to get on board and do something and do its part to better the
Environment
Sarah Edwards – Turner Hill Road
Comments:
Not against wind turbines but against the ordinance – poorly written
The process incorrect
On a personal note - does not want to listen to anything at Gregg Lake
Lucille Lacombe Old Clinton Road
Comments:
Lived here for 27 years and has spent much recreation time in the Rural Conservation
District – it is precious to her
It would be tragic to see the forests affected [by the wind turbines]
Sam Apkarian – Liberty Farm Rd Urged not to recommend
The ordinance has many holes in it.
Audubon – Statement attached
Shelly Nelkens – (2nd time)
Sound [of turbines] –“Woump, woump, woump”– very annoying
Conservation is the main thing – people could cut back on meat and should be
Looking for other ways to conserve
Many people are gluttons with energy
“Woump, woump, woump”
Bob Edwards – 2nd time
Asked if it was time closing arguments
An observation – most all in the room are convinced that something needs to be done –
The hearing is to comment on the proposed ordinance – and the weakness of the
ordinance
Lorrane Carey Block – 2nd time
Concurred with Bob and Shelley – conservation of energy – Antrim can step up to the
Plate
If everyone lived like she did [referring to conservation of energy] – there would not be a
problem
Andrew Robblee - Pierce Lake Road
He questioned if the application would go through Site Plan Review.
There was some hesitation from the Chair. The Vice-Chair answered “Yes”.
He stated that it was a Pertinent question because the ordinance is vague – but the
Planning Board will still have the regulations within the Site Plan Review as
a tool to address the other issues. The regulations are thorough.
Peter Burwen - 2nd time
The Site Plan Review is not thorough enough.
Barbara Gard – 2nd time
The Site Plan Review should not be regarded as a panacea for solving problems.
Chair Lazar asked for final comments. There were none.
Public Hearing closed – 5 minute recess
Deliberation:
Chair Lazar said the Board had received numerous statements. He said the Board could sit and read all the testimony or continue the meeting to another night.
There was a short discussion. Several potential dates were discussed.
Vice-Chair Levesque moved to continue the meeting to January 23 at 7pm in the Town Hall: Mr. MacDonald seconded the motion.
By a roll call vote (Mr. Condon, yes; Ms. VanderWende, yes; Chair Lazar, yes; Vice-Chair Levesque, yes; Mr. MacDonald, yes; Mr. Webber, yes) The motion passed.
Business Meeting:
Approve - December 19, 2013minutes - Ms. Pinello moved to table the minutes; Ms. VanderWende seconded. By a voice vote – all agreed.
Correspondence:
NH Monadnock Hydroelectric Project – Project No. 6597-013 – Programmatic
Agreement for the Monadnock Hydroelectric Project- FYI
Wetland Permit Application – Map 206 Lot 6 - 7 Jackman Shores – for a seasonal dock – FYI
DES Permit # AoT-0668 – Landsite Corp, Tax Map 213, Lot 3 – FYI
NHMA Final Legislative Report (Planning & Zoning Section) – FYI
SWRPC – Commission Highlights December 2013 - FYI
There was a short discussion concerning information to be placed on the website. The Board decided that the public input testimony should be posted, as well as, the Large Scale Wind Ordinance of the March 2012 ballot and the Memorandum of Agreement between the Town of Antrim and Antrim Wind Energy, LLC.
At 9:03 pm, Ms. Pinello moved to adjourn. Ms. VanderWende seconded the motion. All voted unanimously to adjourn.
Respectfully submitted, Diane Chauncey, Secretary of the Planning Board
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