DRAFT
Minutes of the January 23rd, 2006 Meeting of the Greenfield Planning Board
Start of Meeting
The meeting opened at 7:00 p.m. with members Marshall, O’Connell, Rainier, Halper, Carrara, and alternate Morris in attendance. Member Morris took member Cernota’s place.
Meeting Minutes from the December 9th Meeting
Minutes were read and accepted with two changes:
In meeting note three, “.4 acre“ was changed to “4 acre”.
In “Discussion of Driveway Regulations “jus” was changed to “just”.
Mail
State of NH approval for Glenn S. Nutting subdivision.
Board of Selectmen meeting minutes for January 5th and January 12th.
NHDES The Source newsletter.
Notice from the Town of Greenfield about returned checks.
List of contacts for the Town of Greenfield.
Kokal Farm Plan Survey from New England Forestry Consultants Inc.
Invoice from Peterborough Transcript $92.50.
Public Hearing on Proposed Changes to Subdivision and Site Plan Review Regulations and Zoning Ordinance
The hearing started at 7:30pm. Chairman Marshall passed around an attendance sheet and asked the public if the snow was cause to postpone the hearing; no one objected and the hearing proceeded.
Subdivision Regulation Definition Changes
With respect to “Minor Subdivision” and “Major Subdivision” definitions, the public voiced concerns about:
Forcing applicants into major subdivisions even when three or less lots are created.
Increasing the cost of subdivision and therefore possibly decreasing property value.
Pushing a subdivision applicant into creating the maximum number of lots if they are forced into a major subdivision.
Zoning Ordinance Definition Changes
With respect to “Hotel” and “Bed and Breakfast Inn” definitions, the public had no input.
Proposed Zoning Ordinance Building Code Changes
The Town is proposing adopting and incorporating as its Building Code the following most recently published codes:
International Residential Code
International Existing Building Code
Current State of New Hampshire Codes
There was no public input.
Proposed Steep Slopes Zoning Ordinance
All public input was against the proposal, concerns included:
The State already approves all sewage disposal systems.
The Town may be “taking” land value by regulation.
The proposal was to strict, with no flexibility for the property owner to correct any problems due to development over 25%.
Proposed Zoning Ordinance Change - Customary Home Occupations
All who spoke were in favor of less regulation, but generally agreed with the proposal. Someone suggested a GVW of 26,000 pounds, instead of 10,000.
The hearing ended at 10:10pm.
Discussion of Steep Slopes Ordinance
It was moved and seconded to not move the proposal forward for this year’s public vote and to table the proposal for future development and consideration. The motion was approved three to one with one abstention.
Discussion of Customary Home Occupation
It was moved and seconded to move the proposal (see Appendix A) forward, as amended, for this year’s public vote. The motion was approved five to zero.
Discussion of Subdivision Regulation Changes
It was moved and seconded to replace the following existing language:
“In order to avoid improper drainage and erosion all subdivisions (including minor subdivisions unless waived by the Board) shall conform to the following regulations:”
With the following language:
“In order to avoid improper drainage and erosion all subdivisions (including minor subdivisions unless waived by the Board) are required to conform to best management practices for storm water runoff and shall conform to the following regulations:”
The motion was approved five to zero.
Discussion of Site Plan Review Regulation Changes
It was moved and seconded to replace the following existing language:
“The site shall be designed in such a manner that storm water drainage will not adversely affect surrounding properties or the public storm drainage system.”
With the following language:
“The site shall be designed in such a manner that storm water drainage will not adversely affect surrounding properties or the public storm drainage system. Best management practices shall be used for storm water runoff management.”
The motion was approved five to zero.
Discussion of Zoning Ordinance Definitions Changes
It was moved and seconded to replace the following existing definition of Hotel:
“Shall mean and include any building which contains more than twelve (12) rooms and advertises to accommodate people with food and sleeping quarters for a price.”
With the following definition of Hotel:
“A building or groups of buildings under the same management in which there are sleeping accommodations for sixteen (16) or more persons and are primarily used by transients for lodging, with or without meals.”
The motion was approved five to zero.
Discussion of Zoning Ordinance Building Code Amendments
The Board discussed adopting and incorporating, as its Building Code, copies of which are on file in the town office, the following most recently published codes:
International Residential Code
International Existing Building Code
Current State of New Hampshire Codes
It was moved and seconded to move the proposal forward for this year’s public vote. The motion was approved five to zero.
The meeting adjourned at 11:25 pm. Dario Carrara, Vice-ChairmanAppendix A
Customary Home Occupation Bylaw
1/10/06 Proposed changes are show in bold italics and eliminated words are show with a strike through.
Section IV General Regulations and Restrictions. B. Professional Uses and Customary Home Occupations:
Subject to the requirements of this Ordinance, nothing herein shall prevent a profession or customary home occupation from being conducted in a residence or in a structure accessory to the residence in any district, provided, however, that said profession or customary home occupation is first approved by the Greenfield Planning Board through a site plan review application and a permit issued. (strike “as a special exception use by the Board of Adjustment”)
1. For purposes of this Section, an approved professional or customary home occupational use will be one that can be conducted in accordance with the conditions and requirements set forth in paragraph 2 below. Uses not considered to be home occupations include blacksmithing, welding, stonecutting, vehicle repair and service, animal boarding except equine and care, retailing and food service (other than home produce and products), warehousing, distribution and manufacturing.
2. There shall be no adverse effect caused by the use on the residential character of the site or of any structure on it, on surrounding properties or on the natural environment. Thus, there shall be no nuisance or health hazard generated by noise, vibration, odors, heat, smoke, dust, light, glare, traffic or parking, or by soil, water or air pollution, or by any other effect of the use. Pursuant to these conditions the following requirements shall be met:
a. The use shall be clearly incidental and secondary to the residential use of the site.
b. The use shall be carried out wholly within a dwelling or a structure accessory to the dwelling. An accessory structure not attached to the dwelling shall be no closer than the dwelling to any public right-of-way. Buildings or other facilities on the same site that are not customary to a residence, or farm in a Rural/Agricultural District, shall not be included in the use. The proposed Home Occupation shall be operated on the lot of the resident's dwelling unit. A special exception may be granted by the Board of Adjustment for an abutting lot owned by the applicant.
c. The use shall be conducted by one or more members of the household occupying the dwelling. No more than two (2) persons outside the household shall be employed in the use.
d. The use shall cause no variation from the exterior residential character of the dwelling or other structure employed in the use. Thus, there shall be no display on the structure or in a window, (strike “no sign”) and no other building feature normally associated with a non-residential use.
e. The use shall cause no variation from the residential character of the site. Thus there shall be no exterior display or storage of goods or equipment, R9-SigR, no more than four (4) off-street parking spaces in total required by the use on a regular basis, no on-street parking and no traffic either in volume or in vehicle size that is not ordinarily associated with a residential use.
f. A sign shall be permitted for the home-based business provided that it complies with other Greenfield sign requirements, and that it may not be illuminated and may not exceed 3 square feet in area. The sign shall be reviewed by the Planning Board.
I
g. A maximum of one truck with a 10,000 GVW, which is used for the home-based business, may be parked on the premise. More than one truck or larger equipment shall be allowed if the Planning Board determines that there shall be no adverse effect on the neighborhood.
h. The Home-Based Business permit shall become void if there are any significant changes in the business operation, or when the residence is sold. If the business is proposed to continue following the sale or transfer of the property the new owner must file a site plan application with the Planning Board for their review and approval.Appendix B
Steep Slopes Ordinance
Purpose: to codify developmental constraints as defined in the Greenfield Master Plan.
Land Use V. Limitations to Development.
Future Land Use Plans III. Conservation and Preservation Goal #2.
To be put in the Zoning Ordinance Section I, number 3. (After Wetland Conservation District)
3. STEEP SLOPE DISTRICT
a. Purpose and Intent. The purpose of the Steep Slope District is to prevent development on slopes in excess of 25 percent and to reasonably regulate development on lesser slopes. The intent of these regulations is to:
1. Prevent soil erosion and protect the town from undue expense caused by such erosion.
2. Protect property from storm water runoff caused by improper or excessive construction on steep slopes.
3. Protect surface waters from sedimentation, turbidity and effluent from improperly sited sewage disposal systems.
4. Preserve scenic views and to protect unique and unusual natural areas.
b. General. The Steep Slope District is an overlay district, which includes all areas of Greenfield with slopes of 15 percent or more. The slope of the natural terrain shall be determinative of whether or not land is within the district.
1. As a guideline, there is a Steep Slope Map in the Town of Greenfield 2003 Master Plan Update, which is incorporated herein by
reference. If an area is incorrectly identified on the map as having steep slopes, the provisions of this article shall not apply. Conversely, if an area is found to have steep slopes and is not so indicated on the map, the provisions of the article shall apply.
2. When there is a dispute regarding the degree of slope for an application, the Town shall select and consult a qualified surveyor or engineer licensed to practice in the State of New Hampshire to determine the degree of slope. Any necessary surveying and other
expenses incurred for this purpose shall be paid by the applicant. .
3. The requirements and regulations of the underlying zoning districts shall continue to apply to the extent they are not inconsistent with the provisions of this article. The more restrictive regulations shall apply.
c. Definitions.
SLOPE: a percentage determined by dividing vertical distance (rise) by horizontal distance (run).
STEEP SLOPE; a slope of fifteen percent (15%) or greater over any 100-foot segment prior to cut or fill.
d. Permitted Uses:
1. Slopes of 25% or more: On slopes of 25 % or more, only the following uses that do not result in the erection of any structure, road, driveway or other surface alteration are permitted:
a. Forestry and tree farming using best management practices in order to protect streams from damage/sedimentation and to prevent erosion, and where such activity is limited to highly selective removal of trees and does not involve clear cutting. Maximum precautions shall be taken to avoid destruction of or injury to understory brush and trees.
b. Agriculture, including grazing and maintenance/harvesting of hay fields.
c. Drainage ways, streams, creeks or other paths of normal water runoff.
d. Wildlife refuges, conservation areas and nature trails.
2. Slopes from 15% to 24%: Uses otherwise permitted by this ordinance may be constructed on slopes from 15% to 24% provided that:
a. A Sediment and Erosion Control Plan is submitted to the Planning Board certified by a qualified surveyor or engineer licensed to practice by the state of New Hampshire consistent with the standards and procedures described in the Town's Subdivision Regulations (Section VIII. Drainage) and
b. There is an adequate on-site water supply for fire-fighting as determined by the Board of Selectmen in consultation with the Fire Chief, and
c. No road grade exceeds 10%, and
d. All federal, state and local approvals have been received.
e. Special Exceptions: A Special Exception may be granted by the Zoning Board of Adjustment for development on residential lots created before this ordinance was enacted providing that:
1. all health, and safety considerations are addressed and to ensure emergency access is assured..
2. development of undeveloped lots is allowed only when no other use is economically viable.
3. the impact on the Forest cover is minimized in the steep slope area. No trees are to be removed to provide for lawns, gardens, scenic views in the steep slope district
4. the building sites are located so they do not interfere with the scenic views
f. Special Provisions: Lots containing slopes of greater than 15% shall have at least one acre of contiguous area that is 15% or less.
g. Town Liability: If any case where changes in topography alter the course of water flow, normal or excessive, so as to cause damage to neighboring properties or those downstream, the applicant for use of the sloping land shall assume all liability for such damage. The Town shall be held harmless from any claims for damage resulting from the actions of the applicant, regardless of any approvals granted by the Town.
| 
