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Zoning Board of Adjustment Minutes 05/24/2011
ANTRIM ZONING BOARD OF ADJUSTMENT

May 24, 2011 Meeting
Variance #2011-04ZBA Antrim Wind Energy LLC


Members & Staff Present:     
 Diane Chauncey (Staff)     Doug Crafts (Member)                John Giffin (Member)    
Ron Haggett (Member)        John Kendall (Chair)                Ray Ledgerwood (Alternate)       Shelly Nelkens (Alternate)        Frank Scales (Member)                                                                                                                         
Members & Staff Absent:         
                   
Public Attendees:
Mary Allen              Sarah Vandervende               Gordon Webber   Ben Pratt
Rob Michaelson  Michael Pon                     Jesse Lazar             Shelley Nelkens
Jim Bingham             Richard Uchida          Joshua Pantesco John Soinien
Richard Block           Elsa Volcker

7:00 PM –Review Session:

  • Review Minutes of May 17, 2011
  • Review Deliberation materials
  • Appoint alternates to sit for absent members – not necessary

7:15 Public Meeting Continued Meeting from May 3, 2011

Case # 2011 -04ZBA concerning a request by Antrim Wind Energy, LLC for a variance pursuant to Article IX B. (Use) and Article IX C. 8 (Height) of the Town of Antrim Zoning Ordinance, to construct and operate a temporary meteorological tower at 354 Keene Road, Antrim, NH (Map212, Lot 030) in the Rural Conservation District.
Chair Kendall reviewed the case thus far.

Deliberation:

Mr. Haggett read the following questions (which he had asked of Attorney Matt Serge) and Attorney Serge’s responses to his questions. (attached)

Chair Kendall asked how the board wished to proceed.

It was determined that they would deliberate Height first and then deliberate Use.

Chair Kendall stated that he was still concerned about how wind energy and the met tower are linked. He said that in the applicant’s presentation, the Meteorological Tower (Met Tower) had been linked to the wind farm. In order to show the correlation, Chair Kendall read from #5 of Applicant’s supplement to the application.

Mr. Giffin stated the uniqueness of the property: height for the wind resource, transmission lines, highway.

Chair Kendall said that they were all linked to the wind energy.

Mr. Giffin said the Met Tower created no impact to the land and that it was just measuring a resource.

Chair Kendall repeated that he was just trying to make a determination.

Mr. Haggett stated that Attorney Serge had been very clear that the ZBA was to deal with just the application  which was seeking relief for two things (Use and Height) and that is the extent of the application. He continued that no one collected data out of curiosity. He said that the applicant had requested  relief from the Zoning Ordinance for Use and Height. Mr. Haggett said that to take it any further, supposition of the future – was not a question for the ZBA. The ZBA is limited to what has been presented and to be reading into the application and looking into the future is dangerous ground.

Mr. Giffin concurred that the Met Tower is measuring wind for the data necessary to determine the future of a wind farm.

Mr. Haggett queried if anything needed to be said about what will occur in the future.
Chair stated that he did not agree with Town Counsel. He said that Town Counsel had recommended that Antrim Wind Energy (AWE)  apply for a variance under the Small Wind Energy System. On that variance request, he had voted “no”, because he thought that it had conflicted with the five criteria. He said that he felt it was necessary to attach the Met Tower as part of the wind facility. He stated that it would make a huge difference in the way in which the criteria are satisfied and then he asked the question – is it a separate use or an accessory to the wind facility?

Mr. Haggett disagreed. The wind facility information was not relevant.

Mr. Giffin said that much of the testimony dealt with a potential wind farm

Mr. Crafts stated that it was difficult to predict the future. It was possible that the data woud show that there was not enough wind to support a wind facility, but the future can not be predicted. He said that the Met Tower has not impact. He went on that he was concerned about the potential wind farm and that he would be one of the first to ask questions.

Chair Kendall stated that he was concerned about the property value aspect. He said that if a potential buyer saw the Met Tower erected – would property values be diminished – just because the Met Tower is in place.

Mr. Giffin said that it might depend on how the realtor relays the information.

Mr. Crafts stated that the potential wind farm could be beneficial to the tax base and that the money would be good. But he felt that for the variance request, he needed to go with the current application.

Mr. Giffin asked the question - should we not even look at the wind resource?

Chair Kendall stated that it was too bad that the voters were not given the opportunity to give their opinion.

Mr. Giffin said that the voters were not given that opportunity because of an inappropriate posting.

Chair Kendall repeated that he could not separate the Met Tower from the possible Wind Farm.

Mr. Crafts said that he was not “sold on the idea of a Wind Farm” but he was able to separate the two. He further said that when the Wind Facility application was presented,” it would be a whole different story”.
Mr. Haggett stated that if a town has a Zoning Ordinance (ZO) in place, then it mush have a Zoning Board of Adjustment (ZBA). He said that a ZO has restrictions – the ZBA as a quasi-judicial Board grants or denies requests from applicants. He said that the ZBA must deal with what is presented to them. The ZBA should not be rewriting or expanding upon what is in the ZO. The Planning Board does Site Plan Reviews, the ZBA deals with variances or special exceptions from the ZO.

Chair Kendall stated that in 1989, the Rural Conservation District definition was written, and tha the felt that the ZBA should stand for what the people voted.

Mr. Haggett said that the ZBA had one purpose – to grant or deny the application before them.

Chair Kendall said that he was concerned about the spirit of the ordinance.

Mr. Haggett said that a temporary use does not affect the spirit of the ordinance.

Mr. Giffin said that Mr. Ott could put up a Met Tower up to 150’ and fit the ordinance.

Mr. Haggett said that it is not an application for a wind farm.  

Chair Kendall said that he perceived it as a link.

Mr. Scales said that we were here to deliberate the Met Tower.

HEIGHT

These are some of the points that were discussed during theHeight Deliberation:

  • Certain uses are height exempt
  • The Met Tower is a temporary structure that is height dependent, has no lights, no permanent base
  • Property values have changed since 2008 – opinions and assertions – one said yes and one said no
  • Real estate deals fall through for many reasons, can not be linked to a Met Tower.
  • Straw polls did not influence Board members.
  • The ZO is not perfect and that is the reason for the ZBA
  • Substantial justice has been done – grant the use
  • Hardship – the use should be granted because it makes no sense to have a 30’ tower
  • The ruling should be made on the request
USE

The ZBA Members discussed the following items during the use deliberation:

  • The variance not contrary to the public interest
  • The Rural Conservation District has specific permitted uses
  • Important to deal with just the application presented
  • Chair was concerned about the feasibility of a future wind facility
  • A Site Plan Review would be exhaustive in the questioned items.
  • Some consider the RCD the most valuable area in the Town of Antrim.
  • The permitted uses [of the RCD] were listed
  • A commercial wind farm is a possibility
  • The Met Tower is in the Spirit of the Ordinance
  • It is difficult to separate the Met Tower from a potential Wind Facility
  • Some members were concerned about not representing the people of Antrim
  • The applicant had come for relief – relief is equal to a Variance from the ZO – The ZO is no perfect – the ZBA is in place to deal with the relief requests.
  • The A in ZBA is for “Adjustment”
  • The Met Tower does not emit noise, is not permanent, has no excessive  development pressures, the rural character is protected,  no permanent affect on anything
  • The ZBA has to make a decision.
  • Either way, the decision will be challenged.
  • If the application is granted – it does not affect a future application
  • Concern about  residents concerns – but the residents are concerned about the wind farm, not the Met Tower
Mr. Haggett moved to ask the question. Mr. Giffin seconded. All approved by a voice vote.

HEIGHT:

File #: 2010-04ZBA       Map #: 212      Lot #: 30

Mr. Haggett moved to approve the application of b Antrim Wind Energy, LLC for a variance pursuant to and Article IX C. 8 (Height) of the Town of Antrim Zoning Ordinance, to construct and operate a temporary meteorological tower at 354 Keene Road, Antrim, NH (Map212, Lot 030) in the Rural Conservation District. Mr. Scales seconded.


ROLL CALL VOTE:


Name
Yes
No
Frank Scales
x
Ron Haggett
x
John Kendall
x
Doug Crafts
x
John Giffin
x
Shelley Nelkens
Ray Ledgerwood

The motion passes by a 4 – 1 vote.  The Notice of Decision will be written within 5 business days. Any one with standing may apply for an appeal (rehearing within 30 days).

USE:

File #: 2010-04ZBA       Map #: 212      Lot #: 30

Mt. Haggett moved to approve the application of Antrim Wind Energy, LLC for a variance pursuant to Article IX B. (Use) of the Town of Antrim Zoning Ordinance, to construct and operate a temporary meteorological tower at 354 Keene Road, Antrim, NH (Map212, Lot 030) in the Rural Conservation District. Mr. Scales seconded.
The following conditions apply to this approval:
Zoning Board of Adjustment  requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated May 3, 2011 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant shall obtain a building permit for any construction or alteration and adhere to all building, health and fire codes.
The applicant shall obtain any necessary state and/or federal permits required for this proposal.
4.   Only for a Met Tower. The applicant would need to reapply for a Wind Facility.
5.   The Met Tower should be disassembled on November 30, 2012.


Name
Yes
No
Frank Scales
x
Ron Haggett
x
John Kendall
x
Doug Crafts
x
John Giffin
x
Shelley Nelkens
Ray Ledgerwood

The motion passes by a 4 – 1 vote.  The Notice of Decision will be written within 5 business days. Any one with standing may apply for an appeal (rehearing within 30 days).
.
Business Meeting:       

  • Approve Meeting Minutes of May 17, 2011  Mr. Haggett moved to approve the minutes as presented. Mr. Scales seconded. The minutes were unanimously approved by a voice vote.
At 9:41pm, Mr. Haggett moved to adjourn. Mr. Scales seconded. All approved. The meeting was adjourned.

Respectfully submitted,
Diane Chauncey, On Behalf of the Antrim Zoning Board of Adjustment