Planning Board
Preliminary Meeting Minutes –
Recorded by Sharon Rossi
January 14, 2013
Members present: RMarshall, JFletcher, PRenaud, KO’Connell, MBorden, RWimpory, SChicoine
7:03 p.m. Minutes
JFletcher began reading the December 17, 2012 meeting minutes. Several spelling, punctuation and replacement of words were done. No substantive changes were made. MBorden motioned to accept the minutes as amended. PRenaud seconded. Vote unanimous in favor
7:30 p.m. Public Hearing for Zoning Ordinance Changes
RMarshall handed out a sign-up sheet for the audience. RMarshall read through the requirements for having a public hearing. He noted the hearing is for review of zoning ordinance changes that Planning Board is proposing.
He asked the secretary, SRossi, if all the required notifications were done. SRossi replied, “Yes.”
RMarshall began by going through the changes:
#1. Amend the cover of the Zoning Ordinance to read:
“Zoning Ordinance of 1936, amended.”
RMarshall said the Planning Board doesn’t have to seek voter approval to change title page as it was created by CShaw for the front page of the zoning ordinance.
#2. Amend Section II Definitions by adding the following section after “For Purposes of this ordinance, certain terms are defined as provided in this section:
“Doubts to the precise meaning of terms in these definitions, or those that are not found in these definitions, shall be determined by the Planning Board with reference to the New Hampshire State Statues and the Merriam Webster Collegiate Dictionary, 11th edition.” After a discussion, the Planning Board struck out “the Planning Board with reference to the New Hampshire State Statues and”. The new amendment proposal will read:
“Doubts to the precise meaning of terms in these definitions, or those that are not found in these definitions, shall be determined by referencing the Merriam Webster Collegiate Dictionary, 11th edition.”
#3 Amend Section II Definitions by arranging the definitions alphabetically and eliminating the current use of letters.
#4 Amend Section IV General Regulations and Restrictions, N. Noise Ordinance, so that all references to the day time by 7:00 a.m. to 10:00 p.m. and all reference to night time to be 10:00 p.m. to 7:00 a.m.
#5 Amend Section XV Board of Adjustment A:4 delete “Chapter 31, Sections 60-89, NH Revised Statutes Annotated, 1955, as amended.” add in its place “RSA 673:3”
Correction: to reflect change in state law.
#6 Amend Section IV General Regulations and Restrictions, P. After Building Code: insert the following sentence. “The purpose of the adoption of these codes is to establish uniform rules and regulations for the construction of buildings and structures within the Town of Greenfield.
Typographically errors to be corrected:
Section IV General Regulations and Restrictions, N. Noise Ordinance, paragraph 1, (d). At the beginning of the last line, change the word ‘cease’ to ‘cause.’
Section IX Open Space Ordinance G:3 change last word in sentence from “Space” to “Land.”
Section XVI Amendments last line, change RSA “657” to “675.”
KO’Connell motioned to accept the typographical changes as submitted. PRenaud seconded. Vote is unanimous. RMarshall asked the Planning Board if they felt that we had made substantive changes on the proposed Warrant articles. MBorden said, “No,” and the other Board members agreed. RMarshall commented then there is no need to schedule a second public hearing. The public hearing was closed.
8:04 p.m. Mail Received:
· SWRPC letter date 1/3/2013 advising of NH 2014-2024 Ten Year Plan, Transportation Improvement Projects and application
· Instructions for disarming Town Hall alarm system
· Newspaper notice of Public Hearing for 1/14/2013
· Updated Town of Greenfield Department members listing
· Copy of 2 Year Planning Board Budget Report
· 3 Copies of Y-T-D Building Permits for 2012
· 2013 Payroll Calendar
· Invoice from SWRPC for Professional Services Rendered through 11/25/12 totaling $2,204.77 Community Planning Grant
8:06 p.m. Special Meeting Minutes of December 27, 2012.
PRenaud began reading the December 27, 2012 meeting minutes. No substantive changes were made. PRenaud motioned to accept the minutes as amended. JFletcher seconded. Vote unanimous in favor
RMarshall said the DPW Supervisor has to do tree cutting on Swamp Road. There are 4 dead pines and 1 live maple tree that need to come down. PSNH has offered to take those trees down. RMarshall will schedule a public hearing for January 28, 2013 at 8:30 p.m. for tree removal. MBorden asked if the trees were marked. RMarshall said, “Yes.” A site walk to view the trees will be scheduled on January 26, 2013 at 9:00 a.m. The site walk should have enough members to be a quorum. The trees are on the north side of the road and brightly flagged.
Re-elections are coming up and MBorden will not be remaining on the board as a full member, but, will be an alternative. RMarshall reminded KO’Connell that he is up for re-election as well. If he chooses to run, he needs to see DSleeper to put name on ballot. She will be in the office during regular office hours beginning January 23, 2013 and on February 1, 2012 from 3pm-5pm.
RMarshall is applying for Round 2 of the Community grant. This grant will enable us to will be prepare a zoning ordinance on heritage/neighborhood district and will be working with Maggie Stier, Field Representative for NH Preservation.org. This grant will be larger than the first grant. If we are successful in this application for the second grant, the Town has to come up with a cash-match of roughly $1800. The draft of the grant needs to be to Ben Frost of NH Housing for review by January 25. The final grant has to be submitted by February 12.
RMarshall reminded the Planning Board that on January 17, at 6 p.m. the Selectmenwill be holding a ‘Thank you’ party for all town employees.
8:30 pm PCC Tod and Donna Smith, Ironton Museum.
KO’Connell recused himself from the PCC.
Donna Smith commented that she was not really sure why we were here. She explained that this was a neighbor issue and feels that they are at a disadvantage and still doesn’t know the whole reason why we are here. We were told we are in violation of running an illegal business. ZBA based their decision on one piece of paper showing that we have a trade name only and not a business. Acquiring a Trade name was done thru the state’s corporation division.
RMarshall commented, “The Board of Adjustment ruled that you were conducting a “non-residential activity” at your residence. A site plan review is used as a fact finder to determine what is happening at your residence and to determine if you are in violation of the Zoning ordinance.”
DSmith said, “Are you asking me the purpose or use of my property? Am I not allowed to have people come and view my personal collection? All this has arisen because a person wrote a letter. What is the site plan review process? Can I have clarification of what a site plan is?”
RMarshall said, “It is our job to find out what you are doing there.” MBorden said, “The Planning Board does sit in judgment based on what the ordinance says. There are customary occupations and types of uses that you can do on a property in a given district. It is clearly stated in our ordinances.” DSmith said, “I am still looking for a clarification of the site plan review definition of what is right and wrong.”
JFletcher said the site plan review application is primarily set up for business activity, not for residential use. DSmith said she can prove to it’s not a business. “Can we go through that process so it can be done properly?” RMarshall said, “We could but, this is a PCC and the public hasn’t been notified and you have a large group in favor of what you’re doing. It would be to your benefit to let those in favor know when the meeting is taking place.”
DSmith said, “This situation has been a souring point to us, this is not something new. We have had our collection for 15 years. PHopkins knew what we had in these buildings since 2006. And I still need clarification on what non-residential activity is.
JFletcher said, “You can prove what you are doing there is not a business, so your answers might determine if business actually falls under our residential definition.”
RWimpory said, “With buses of children, Chronicle doing a TV spot, advertising on your vehicle: all implies this is a business. Is there anybody in the room that feels that something different than a business is going on the property? We are here to assist you in getting this matter resolved.”
PRenaud said, “This is a PCC and nothing is binding between us.” TSmith commented, “We just want this thing to end.”
RMarshall said to DSmith, Fill out application with as many N/A’s that apply, and then the Planning Board will go through it and make comment or advise on the application. If the Planning Board decides to accept the application then notices to abutter, newspaper, application files, administrative costs will have to be covered, roughly about $170. Also a site walk of the property will have to happen.”
DSmith said, “We have a trade name for the museum, but we are not a business. If I don’t have school children coming, is someone going to be standing at the end of my driveway and, watching to report what is going on.”
TSmith asked MBorden, “You have visited, and do you think? Should this be shut down?” MBorden said, “You’ve had Chronicle come by and there is advertising on your vehicle, it is implied that you have a business.”
RWimpory asked, “Do you feel that what you are doing on your property is a residential activity?” TSmith and DSmith, “No, we have nothing to hide.” TSmith commented, “I feel this is an infringement of my rights on my property.”
TSmith said, “We’ll fill out the paperwork and return it to the Planning Board, but a site walk will have to be done in the spring, there’s too much snow now.”
JFletcher asked DSmith, “Would you like the Planning Board to have a clearer definition of the non-residential use/activity for you?”
TSmith asked, “If the Planning Board goes through the application and site walk, and everything is OK with what we are doing, then the Planning Board would give us permit?”
RWimpory commented, “The Town voted these rules in for the protection of the town and the residents. If you choose to not to continue, that is your choice. With a hobby that has gone to the extent that yours has, when expenses are incurred, it appears that a business is taking place.”
RM asked the Planning Board members, “Is there a way that we can look at a draft of their site plan application after doing a site walk, and reach a determination as to whether or not a Site Plan Review is necessary, before we have them go through a formal, expensive hearing for the application? ”
TSmith asked of the Board members, “What is the part of each member has a specialty.” RMarshall said, “No member has a specialty in looking at this property.” DSmith asked, “What are you looking for?” JFletcher responded, “Anything that would make it look like a business.”
PRenaud asked RMarshall to contact LGC about the site walk, PCC, informal checklist to see if it possible for us to make a decision after a site walk without initiating a site plan review application process.
SChicoine commented, “There has been enough publicity on this museum, a site walk is definitely needed.”
RMarshall asked, “Would you like to continue this PCC? I will contact LGC to see if we can short cut this process. I can reschedule the PCC to February 11 at 7:30 p.m. after getting answers from LGC. We can go through rough draft of an application at that time and maybe save some costs if we can.”
TSmith asked, “As MBorden is building inspector, do you have to have all my buildings on the plat?” MBorden said, “Yes.”
RMarshall commented, “I see the Planning Board’s role is to facilitate compliance with Townregulations/ordinances and we try to do that for our residents, so town isn’t liable for anything that may happen on the property.”
10:10 p.m. JHopkins-PCC for February 25 at 9:00 p.m.
John Hopkins stopped in to schedule a PCC for February 25 at 9 p.m. RMarshall will schedule accordingly.
10:19 p.m. Adjournment
MBorden motioned to adjourn. PRenaud Seconded. Vote unanimous in favor.
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