Greenfield Planning Board
Minutes for January 11, 2010
Minutes recorded by Kathy Carpenter
Members present: JAdams, BMarshall, GMorris, MSteere, MBorden. BMarshall is sitting in for JFletcher.
7:02 pm Start of Meeting
MSteere reads the minutes from the December 28, 2009 meeting.
Changes:
Line #46: add “in” before the word conflict
Line #19 and 20; add in “that the PB suggested that a building permit could not be issued on a property in Greenfield without sufficient frontage on a class 5 road in Greenfield”
Line #46 & 47: add in the PB resolved the conflict by rewording it as “structures requiring zoning permit”
Line 54: change “discusses the” to “informs the PB of a”
MSteere moves that the minutes be accepted as amended, MBorden seconds, no discussion, the motion passes.
7:12pm KO’Connell arrives.
7:12pm Mail
1. Public meeting announcement from SWRPC for Contoocook-North Branch Rivers Management Update Plan to be held January 25, 2010 at 7:00 pm, Pierce Elementary School, Bennington, NH
2. Memo from Administrative Assistance re: Insurance
3. Receipt of payment to KO’Connell for notices ($478.42)
4. List of Conservation Easements dated January 7, 2010
5. Receipt of payment from BMarshall for the lot line adjustment.
7:14pm General Business
GMorris announces that a joint PB and ZBA meeting will be held Feb 10, 2010 at 7:15pm concerning the Trosky application.
The PB discusses the replacement of the minute taker and determines that it will use the minute taker that the ZBA is using.
BMarshall provides the PB with a briefing concerning his recent meeting with the SWRPC.
KO’Connell provides a copy of the proposed LGC language that would give the ZBA the authority to charge applicants for the hiring of consultation when required (see attached A-1). MSteere spoke with another town and the two boards informally agreed to discuss the matter when the ZBA needed to hire an outside consultant. JAdams states that when there is good communication between the boards as we have now, there wouldn’t be a conflict. BMarshall states that he was initially opposed to this proposal however as he looks at the language it only states that they can collect fees from the applicant and he is surprised that they do not already have the authority to do that. An applicant who wants to appeal a decision should have to bear the costs of further analysis. GMorris agrees that if an applicant
brings new information before the ZBA, they should have to bear the costs of any required consultants. BMarshall restates that this only empowers the ZBA to collect fees. JAdams asks how this may impact the ‘checks and balances’ in the system? KO’Connell states that not everything comes before the PB, sometimes things only come before the ZBA. MSteere asks why the ZBA can’t charge the applicant now without the language. BMarshall states that in the LGC document there is relief if the PB decides not to put the language out for public vote. This would require that the ZBA changes its rules of procedure as suggested in the document. There is general agreement among the board that changing the ZBA rules of procedure would be the better option. MSteere moves that the PB does not go forward with this amendment and that the ZBA adopts the language in their rules of procedure. JAdams seconds, there is no
discussion, KO’Connell abstains, all others in favor, the motion passes.
8:00pm The Public Hearing is Open
GMorris opens the hearing and discusses the procedures. The purpose of the public hearing is for public input to proposed changes for the Town of Greenfield Zoning Ordinance. The proposed amendments are attached as A-2.
Present: John Gryval, Loren White, George Rainier
Amendment #1
GMorris reads the amendment. JAdams discusses why the PB is proposing this amendment (as provided by the Greenfield CEO).
LWhite asks if the change of building will affect the need for a building permit. MBorden states that the answer is yes, anything less than 200 sq. feet would not require a building permit. GRainer asks if the town could be more restrictive. MBorden states yes, however this provides uniformity with the surrounding towns. There is no further discussion.
Amendment #2
GMorris reads the amendment. GMorris discusses the purpose behind the amendment (as provided by the Greenfield CEO). JGryval would like to make it clear that he is neither speaking for or against any of the amendments due to his position on the ZBA, the comments should be treated as such. JGryval states that he has some concerns regarding the addition of a zoning permit in some cases. He is not stating that this is appropriate or inappropriate, but that it could generate a lot of cost to the public. MSteere asks if JGryval feels that there would be more costs to the town. JGryval states that it is likely that more costs could be incurred. GMorris clarifies that none of it is in concrete and that the PB is soliciting public comment prior to determining if the amendments will be proposed to the town. KO’Connell asks if the second half of this amendment could be attached to amendment #3, because if this amendment fails then amendment #3 would be unnecessary. There is no
further discussion.
Amendment #3
GMorris reads the amendment. GMorris discusses the intent of this amendment. GRainer questions if the water supply and waste disposal system would have to be separate. JAdams states that they don’t necessarily have to be separate but will be monitored through the building permit process. LWhite is concerned if the accessory dwelling unit were using shared utilities, would it be possible to subdivide the property. JAdams states that there are properties with shared wells already. JGryval asks why the 6 acres? JAdams states that was what was proposed by the CEO, it would almost make sense that the acreage requirement would have to conform to the zoning district that the property is in. LWhite would like accessory dwelling unit to be clarified. There is no further
discussion.
Amendment #4
GMorris reads the amendment. GMorris states that the PB will move the definition from amendment 2 so that they will be considered together. GMorris discusses the intent of the amendment. LWhite questions the need for fencing, a dog house, a mail box, a fire pit, or a bird bath. LWhite suggests perhaps a weight parameter. MSteere suggests language be made more specific and clear. JGryval states that the PB must consider the impacts of providing ‘permits’ and having abutting property owners come before the ZBA questioning why approval was given.
Amendments #5, #6, #7, #8, #9, #10
GMorris reads the amendments which are combined in this discussion as they are interrelated. GMorris discusses the intent of the proposed language. LWhite feels that that there is a difference between Personal Wireless and Telecommunications and that both should be included as one does not necessarily define the other. JGryval asks about the change removing the requirement for a special exception for residential areas in section 1. The PB feels that this section should be moved back in. BMarshall discusses that on page 25, the part that will still exist; the re-inclusion of section 1 will create a conflict. JGryval suggest just adding language such as adding the requirement for special exception for certain districts (such as the Village District). JGryval asks about the other notification regarding
the diameter and tree height and if this is going to stay the way it is. MBorden states that the canopy height will remain the same at 300 ft surrounding the tower. MBorden points out differences between the telecommunications towers and the wind turbine tower requirements. JGryval suggests that perhaps this one should wait until next year, that there is a pending case in Federal District Court and there are likely to be changes as a result of that. The PB does feel that there are changes that need to be made to remove the duplication of sections. There is no further discussion.
Amendment #11
GMorris reads the amendment and discusses the intent of the proposed change. LWhite asks if there is a proposed definition meaningful purpose. JAdams discusses the PB deliberations regarding the language and why it was chosen. There is no further discussion.
Amendments #12, #13, #14, #15
GMorris reads the amendment and discusses the intent of the proposed change. These amendments are for clarification purposes. There is no discussion.
Amendment #16
GMorris reads the amendment and discusses the intent of the proposed change. GRainer asks if it should read shore line rather than shore land. KO’Connell states that the state defines it as ‘shoreland’ and that the PB should maintain this language. There is no further discussion.
Amendment #17
GMorris reads the amendment and discusses the intent of the proposed change. There is no discussion.
Amendment #18
GMorris reads the amendment and discusses the intent of the proposed change. JGryval asks about whether zoning permits will expire. The PB feels that this is a good comment. There is no discussion.
JGryval wants to thank the board for the work that has been done over the last year and feels that a lot of work has been accomplished jointly which is important to note. It is great that there is collaboration between the boards. The ZBA did come before the PB to request that the PB discuss the language and for the record the 673.16-2 clearly states that the ZBA has a lot of authority, 676.4-I(g) does not state that the ZBA can’t charge it the applicant for fees incurred, but just states what the PB can do. GMorris states that we can wait and see how the laws change over the next year and that the ZBA needs to add this in their rules and procedures. MBorden states that if it is proposed as an amendment and it is voted down, the ZBA cannot then put it into their rules. The PB provided a means for the ZBA
to address this by changing their rules of procedure.
9:12pm GMorris closes the public hearing. The PB enters into deliberations. GMorris asks the PB if they want to go through each item and vote. The PB agrees; the votes are as follows:
Amendment #1
MSteere moves the amendment be accepted as written. JAdams seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden aye, KO’Connell nay. The motion passes.
Amendment #2
KO’Connell moves that section 2u be moved to amendment #4 and section 2v be moved to amendment #3, eliminating amendment #2 and renumbered accordingly. MSteere seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #3
The PB discusses changes to the amendment. MSteere moves the amendment be accepted as amended (see attached A-3). JAdams seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #4
MSteere moves the amendment be withdrawn. JAdams seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #5
MSteere moves the amendment be withdrawn. JAdams seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
The PB discusses adding and retaining the term ‘telecommunications’ inserted into section V.2 to read “telecommunications/personal wireless facilities’ wherever it states personal wireless facilities. BMarshall moves that this be considered an administrative change in response to public comment and would not require an additional public hearing. MSteere seconds. All in favor, the motion passes.
Amendment #6 and #7
MSteere moves that amendments 6 and 7 be combined (this would be considered an administrative only change) and that the combined amendment be approved. MBorden seconds. There is no discussion, JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #8
JAdams moves the amendment be accepted as written. BMarshsall seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #9
BMarshall moves the amendment be accepted as written. KO’Connell seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #10
MSteere moves the amendment be accepted as written. BMarshall seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #11
MSteere moves the amendment be accepted as written. JAdams seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #12
MSteere moves the amendment be accepted as written. BMarshall seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #13
MSteere moves the amendment be accepted as written. BMarshall seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #14
MSteere moves the amendment be accepted as written. BMarshall seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #15
MSteere moves the amendment be accepted as amended (as publicly recommended). BMarshall seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #16
MSteere moves the amendment be accepted as amended. BMarshall seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #17
MSteere moves the amendment be accepted as amended. BMarshall seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
Amendment #18
MSteere moves the amendment be accepted as amended. BMarshall seconds. There is no discussion. JAdams, BMarshall, MSteere, MBorden, KO’Connell aye. The motion passes.
MSteere moves that all proposed amendments for telecommunications/personal wireless facilities be combined into one amendment. BMarshall seconds. No discussion, all in favor, the motion passes.
MSteere moves that all proposed amendments for open space be combined into one amendment. BMarshall seconds. No discussion, all in favor, the motion passes.
The PB concurs that no changes have been made that would warrant an additional public hearing.
10:00pm MBorden moves that the meeting be adjourned, MSteere seconds, no discussion, all in favor, the meeting is adjourned.
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