ANTRIM PLANNING BOARD
MEETING MINUTES
November 20, 2014
Antrim Wind Energy -Ott Subdivision
File #: 2014-05PB Map #: 212 Lot #: 27
Members & Staff Present: Jeanne Cahoon (Alternate) Diane Chauncey (Secretary)
Chris Condon (Chair) Michael Frosch (Member) Steve MacDonald (Member)
Janet McEwen (Member) Jesse Lazar (Vice-Chair) Bob Holmes (Alternate)
Carol Ogilvie (Consultant Planner) Sarah VanderWende (Member)
Gordon Webber (Ex-officio)
Members & Staff Absent: Elsa Voelcker (Alternate)
Public Attendees: Victor Manougian Ron Haggett Karen Weisswange
Al Weisswange Michael Ott Wes Enman Bob Cleland
Shelley Nelkens Charles Levesque Ben Pratt Jack Kenworthy
Annie Law Jim O’Neil Mary Allen Jon Soininen
Tim Perry
7:00PM Public Meeting:
Before Chair Condon opened the meeting, Ms. VanderWende recused herself. She read from a prepared document (attached with the Planning Department minutes) stating reasons that she felt she should disqualify herself, and suggesting that each member should consider if they should also.
Chair Condon appointed Ms. Cahoon to sit for Ms. VanderWende.
Chair Condon opened the meeting at 7 PM and explained the procedure for a public hearing.
Application of Antrim Wind Energy, LLC (authorized by Michael Ott – owner) for a Subdivision of property located on 354 Keene Rd (Tax Map 212 Lot 27) Antrim, N H 03440 in the Highway Business and Rural Conservation Districts.
The Public Notice was read by the Secretary and it was noted that the notice had been posted in all appropriate locations and that all the abutters had been notified by certified mail. Chair Condon read Ms. Ogilvie’s staff report.
Chair Condon stated that the Subdivision Checklist was to be read line by line and began with the written waiver requests.
Waivers Requested by Applicant:
#6. As stated in the Antrim Subdivision Checklist: “Current zoning classification (including
overlaying districts) and district requirements as a note on the plan.”
Requested waiver: Current Zoning Classification is shown on plans but due to multiple zones the specific requirements have not been added.
Vice-Chair Lazar stated that he did not understand the request.
#14. As stated in the Antrim Subdivision Checklist: “Location of wetlands.”
Requested Waiver: Wetlands were not located on the site. During Site Plan approval, wetlands will be located if found.
The Conservation Commission letter was read.
Vice-Chair Lazar stated that the request was vague. He stated that he did not understand if the request meant that there were no wetlands or that the wetlands had not been located.
Chair Condon asked the applicant’s agent to explain the waiver request.
Atty Manougian stated that the request does not mean that there were no wetlands, rather that the wetlands had not been located on the plan because it was premature to do so and not germane to the application before the Board.
#15 . As stated in the Antrim Subdivision Checklist: One hundred year flood elevation line (or a note if not applicable), including the source of 100-year flood line, i.e. FEMA community/panel #.
Requested Waiver: The Site does not appear to be within the One Hundred Year flood line per Flood Map #33005C0185E.
The parcel is not located in flood plain maps
#16. As stated in the Antrim Subdivision Checklist: Location of waterbodies, streams, rock ledges, cemeteries, drainage ditches and bridges if applicable or a note if there are none.
Requested Waiver: No ledge, drainage, water bodies etc. were located during the course of the survey.
Mr. Holmes stated that he was familiar with the site and knows that there is some ledge.
Ms. Ogilvie stated that this information was not necessary for this plat.
Vice-Chair Lazar stated that the criteria would be necessary for a Major Site Plan. If the applicant were to bring the application to the Planning Board for a future substation, it would require access, would need to know of trucks coming and going, the access point; etc. He further stated that the road agent should weigh in on the access. He questioned the definition of “minor subdivision”, and that it would be difficult to evaluate the application if the substation could not be discussed.
Mr. Webber stated that the application was for a subdivision, and nothing but a subdivision, and that future intents were not part of this application.
Vice Chair Lazar stated that one of the plans showed a substation and that the Board should be able to weigh in on that aspect, and to make sure the requirements were correct.
Mr. Webber asked if his request was relevant.
Chair Condon stated that the Board should be guided by the consultant planner’s report and read from it: “a wind farm may never be approved.”
Atty Manougian explained that the McLane Law firm (McLane, Graf, and Raulerson & Middleton) on behalf of the applicant appreciated the comments of Mr. Webber and Chair Condon. He stated the definition of a two-lot subdivision as defined by the Antrim Subdivision regulations. He said that the application was simply asking to approve the lots as shown on the amended plan (which eliminated the words “proposed substation” and the access road. The plan had been changed in order that the Board would be approving only the subdivision, not something that may occur in the future. Atty Manougian further stated that waiver request #3 could be withdrawn.
Chair Condon asked Vice-Chair Lazar if he would be making a motion.
Mr. Holmes stated that he had concerns approving a lot that was not buildable.
Mr. Webber asked if there were anything in the regulations that stated a new lot must be buildable.
Ms. Ogilvie stated that the purpose of the statement that the new lot “meets or exceeds” the requirements, it would be assumed that somewhere on the lot there is a buildable location.
Mr. Webber repeated that the applicant is asking to create one new lot and that the intent of the lot should not come into play.
Mr. MacDonald asked if at this point in the process, is the application complete enough to be accepted.
Chair Condon stated that there is a question of whether or not the subdivision application should be major or minor.
Vice-Chair Lazar stated that he had not been convinced that the application was complete. He stated that he could not accept the application until further information has been supplied.
Mr. Frosch stated that the purpose of the application was not for future use.
Vice-Chair Lazar stated the he knows that the lot is being created for a PSNH substation. He said that in any other application, the surveyor would be typically asked if there was a place for the septic, was the parcel useable for some purpose, would there be traffic impact. He repeated that he felt that the application was not complete.
The discussion continued between Vice-Chair Lazar and Mr. Webber – each retaining their own point of view.
Chair Condon asked for further comments or questions.
Atty Manougian repeated that the application was a creation of one new lot. He stated that he had read the regulations repeatedly and that the new lot did not need to be a buildable lot, but would need to be approved. He stated that the application was a request for a two-lot subdivision – the new lot would be 7.7 acres, a minor subdivision, and that there were now three waivers. He asked for the request to be accepted.
Roll call vote to accept application
All ayes – except jl
Acceptance of application
Mr. Webber moved to accept the application of Antrim Wind Energy, LLC (authorized by Michael Ott – owner) for a Subdivision of property located on 354 Keene Rd (Tax Map 212, Lot 27), Antrim, NH 03440 in the Highway Business and Rural Conservation Districts; Mr. MacDonald seconded.
Name |
Yes |
No |
CONDON |
x |
|
FROSCH |
x |
|
LAZAR |
|
x |
MACDONALD |
x |
|
MCEWEN |
x |
|
VANDERWENDE(recused) |
|
|
WEBBER |
x |
|
CAHOON (IF APPOINTED) |
x |
|
HOLMES (IF APPOINTED) |
|
|
VOELCKER (IF APPOINTED) |
|
|
The motion passed with a majority vote of 6 – 1. As the application had been accepted as complete, Chair Condon opened the Public Hearing.
Public Hearing:
Chair Condon asked if there were any abutters in favor of the application – there were none.
Chair Condon asked if there were any abutter not in favor of the application – there were none.
Chair Condon asked if there any interested parties who would like to speak.
Mr. Levesque (Old Pound Rd) reminded the Planning Board that in a most recent subdivision application, the applicant was asked if the parcel would support a septic system. He said that it had been a practice of the Planning Board to do so and the Board should revisit its regulations.
He continued that the Board should refer to page 5 of the Site Plan & Subdivision Regulations where developments of regional impact are discussed. A decision should be made as to whether or not the application does have regional impact. He stated that he felt the project, as a whole, does have regional impact. He said that the Board should review the access, whether or not DOT (Department of Transportation) has been contacted. He stated that there have been changes made in the application. The access needed to be safe and that the Board should review that carefully. He thanked the Board for the opportunity to state his opinion.
Chair Condon asked for further comments. There were none. The Public Hearing was closed.
Deliberation:
Chair Condon asked for comments from the Board members.
Mr. Webber stated that an application for a subdivision was before the Board. In the future, it may be a major site plan with a substation, and that is when the Board would review the project, but that was not relevant now. He stated that he was not trying to be coy, but it [the substation] was not relevant to the discussion.
Vice-Chair Lazar disagreed. He stated that the application was changed and that he did not have enough time to review the new plan. He stated that even in the title block, “substation” was indicated. He said that the application was not complete.
Ms. McEwen asked what Mr. Lazar would like to see filled in.
Vice-Chair Lazar said that he needed to know the layout, the curb cut, etc. He questioned whether the Board was doing their job that had been laid out by the regulations.
Mr. Webber repeated that the Board was not approving a substation.
Chair Condon asked for Ms. Ogilvie’s guidance.
Ms. Ogilvie stated that a substation would require a separate site plan application.
Mr. Levesque questioned if the application would come before the Antrim Planning Board or the State Evaluation Committee (SEC)?
There was a short discussion concerning the Board’s next step.
Motion: Ms. McEwen moved a condition to remove “substation” form the plan; Ms. Cahoon seconded.
Roll Call Vote: McEwen, yes; Cahoon, yes; Condon, yes: Lazar; no; MacDonald, yes; Frosch, yes; Webber, yes.
The motion passed. The word substation will be removed on the revised plat.
Motion: Mr. Webber moved to add the floodplain information; Mr. MacDonald seconded.
Roll Call Vote: McEwen, yes; Cahoon, yes; Condon, yes; Lazar, yes; MacDonald, yes; Frosch, yes; Webber, yes.
Mr. Holmes stated that he had concerns with the ledge, waterbodies, egress, etc. He stated that he did not want to see the parcel landlocked.
Ms. Ogilvie stated that the Department of Transportation (the curb cut is within the DOT jurisdiction) would issue a curb cut because it is in their policy to find a place for the cut. She further stated that driveways cut across wetlands.
Ms. McEwen expressed her concerns: whose jurisdiction; steep slopes, driveway permit, drainage, delineation of wetlands, impact of disruption, is an appropriate lot being established.
Mr. Webber stated that the Holmes and McEwen concerns are addressing concerns of the future.
The Board continued to discuss the wetlands.
Mr. MacDonald asked Ms. McEwen if she wished a contingency – that the wetlands would be delineated in deference to the Conservation Commission concern. Ms. Cahoon seconded.
Roll Call Vote: McEwen, yes; Cahoon, yes; Condon, yes; Lazar, yes; MacDonald, yes; Frosch, no; Webber, no.
Chair Condon asked for further discussion.
Vice-Chair Lazar reiterated that the application should not be approved in this fashion. He said that further explanation of the future of the lot was needed. He stated that the application should not be approved.
Ms. McEwen said that it should be stated as a condition that the applicant will need to return to the Planning Board
Ms. Ogilvie stated that it would come before the Planning Board.
Mr. Holmes questioned the contingency of the wetlands – he asked what if there are wetlands, what about the approval, and whether or not it was a good practice or poor practice.
Vice Chair Lazar stated that was his point and that the wetlands needed to be considered when reviewing the application.
Ms. Nelkens questioned what would happen with the SEC.
Ms. Ogilvie stated that any comments would be speculation.
Mr. Enman asked if the Board had ever turned down a subdivision application because of wetlands. He stated that there are regular processes in place and in the future, certain criteria must be met. He said that even if there were wetlands on the plan, it would not be a reason to deny.
Ms. McEwen stated that the Board needed to be consistent with its approach.
There was further discussion.
Mr. Webber stated that the wetlands to be delineated had already been made a condition.
Vice-Chair Lazar stated that he felt there was still not enough information to approve the application.
Chair Condon asked for further questions or comments.
The 3 conditions were reviewed.
Approval of application
Mr. MacDonald moved to approve the application of Antrim Wind Energy, LLC (authorized by Michael Ott – owner) for a Subdivision of property located on 354 Keene Rd (Tax Map 212, Lot 27), Antrim, NH 03440 in the Highway Business and Rural Conservation Districts; Mr. MacDonald seconded.
The following conditions apply to this approval:
Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated November 20, 2014 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant is to obtain a building permit for any construction or alteration and adhere to all building, health and fire codes.
LCHIP $25.00 check on approval (already paid by this applicant).
4. ____________________________________________________________________
5._____________________________________________________________________
ROLL CALL VOTE:
Name |
Yes |
No |
CONDON |
x |
|
FROSCH |
x |
|
LAZAR |
|
x |
MACDONALD |
x |
|
MCEWEN |
x |
|
VANDERWENDE |
recused |
|
WEBBER |
x |
|
CAHOON (IF APPOINTED) |
x |
|
HOLMES (IF APPOINTED) |
|
|
VOELCKER (IF APPOINTED) |
|
|
The application was approved by a majority vote. The Notice of Decision will be available within five business days.
Business Meeting:
Approve November 13, 2014 Meeting Minutes - The minutes were approved unanimously as presented.
Correspondence:
Southwest Regional Planning Commission Highlights – October 2014 FYI
Other Business:
At 8:30, Mr. Webber moved to adjourn. Mr. Frosch seconded. All voted to adjourn.
Respectfully submitted,
Diane Chauncey
| 
