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Planning Board Minutes 08/16/2012
August 16, 2012
Review of Active Excavation Sites

Members & Staff Present:          Diane Chauncey (Secretary)    David Dubois (Chair)    
Martha Pinello (Member) Steve MacDonald (Member)                Janet McEwen (Alternate)         Carol Ogilvie (Consultant Planner)     Sarah VanderWende (Member)

Members & Staff Absent:   Mike Genest (Ex-officio)      Jesse Lazar (Vice-Chair)
Charles Levesque (Member)
Public Attendees:   Scott Jube (Maineline Graphics)     Scott Burnside
Kris Stewart             Lisa Stewart   Steve Jones     

7:00PM Public Meeting:

Chair Dubois opened the meeting at 7:01PM. Introductions of Board and staff were made.

Mr. Scott Jube (manager for Maineline Graphics – a sign shop in Deering, which has recently purchased the former Place in the Woods facility on Concord Street) requested a 5-minute Conceptual Consultation before the Board.

Chair Dubois agreed.

Mr. Jube stated that the current facility would become the home of his existing sign shop and that a 3-bay garage (approximately 1200 square feet or less than 30% of the existing facility) would be added. He said that Maineline Graphics was not a traditional retail business as there were “walk-ins” only twice a week, and that most of their business was out of the state and across the country. He stated that the existing facility was in the Highway Business district, he anticipated applying for a minor site plan review, and then asked if the Board had any particular concerns.

Chair Dubois stated that he was unclear on the additional square footage (whether the increase would be considered a minor or major site plan review) and asked the hours of operation.

Mr. Jube stated that Maineline Graphics proposed to “clean up” the site and that the site would not be changed. He stated that he had read in the Antrim regulations that 30% or less (square footage) could be added to an existing structure (and still considered a minor site plan review). The hours of operation would be 7:30AM – 5:00PM.
After a brief review of current Zoning Ordinance and Site Plan & Subdivision Regulations, it was determined that the proposed increase in square footage,  a major site plan review would be required. Chair Dubois thanked Mr. Jube for attending the meeting and that the Board looked forward to his application.

Review of Excavation Sites’ folders of the five active pits (Jones, Chauncey/Landsite, Town of Antrim, Gap Mountain, Zeke & Mack’s)

Ms. Chauncey had a short presentation (viewed on screen and each Board member had a packet with the information) including the following of each active pit:
        Aerial picture (from Bing circa 2006)
        Current Intent to Excavate
        Town of Antrim Permit

Excavation owners or operators were given an opportunity to give further information.

In preparation for the Annual Review, it was noted that two Town permits (Zeke & Mack’s and SR Jones) had expired. The owners expressed concern and the Board discussed what should be done. The Stuarts and Mr. Jones thought that the town permitting process (a 5- year permit) and the DES permitting process (a 6-year permit) should coordinate.

Ms. Ogilvie stated that the Board could waive its current permitting process to phase in both a new application and to coordinate with the DES permitting. She stated that the process to renew the Town permit should not be the same as applying for a new excavation permit and that it made sense to be consistent with the DES process.

Motion: To extend the Zeke & Mack (Map 214 Lot 17) Town of Antrim Excavation permit as a temporary permit until December 31, 2012.

Motion made by Ms. Pinello and seconded by Ms. VanderWende. The motion was unanimously approved. The permit is extended

Motion: To extend the SR Jones (Map 233 Lot 44) Town of Antrim Excavation permit as a temporary permit until March 31, 2012.

Motion made by Ms. VanderWende and seconded by Mr. MacDonald. The motion was unanimously approved. The permit is extended.

By consensus, the Board determined to redo the current Town permit. Ms. Stuart stated that the word “expires” (on the Town permit) should not be used. Ms. Ogilvie checked state statutes and said that the word “expire” is used.

The Annual Excavation Review was discussed. It will begin at 1PM on September 6 at the Town Hall. Mr. Stearns (Town Administrator) will drive the Town bus to the active sites. The schedule was set up as follows:

The Annual Review was set as follows:
        1; 10 PM – Zeke & Mack’s
        2:00PM - Landsite/Chauncey
        2:45PM – SR Jones
        3:00PM – Gap Mountain Development
        3:45 – Steele Pond/Town of Antrim

Chair Dubois thanked the Excavation owners and operators for attending.
August 2, 2012 Minutes  
A motion to accept the minutes was made by Ms. Pinello and seconded by Mr. MacDonald. The minutes were approved as amended.
SEC update
Ms. Pinello stated that the SEC Technical Session would be held on August 23 & 24. She said that the technical session was an opportunity for the Applicant (Antrim Wind) to “grill” the intervenors on their pre-filed testimony. She stated that the (sub-committee for the Planning Board) was scheduled for 9:30AM on the 23rd.

Mr. MacDonald said that he was surprised to see that separate testimonies (Mr. Levesque and Ms. Pinello had each submitted pre-filed testimony) had been submitted and that he was surprised that the Board had not seen copies of the testimonies. He stated that he was most concerned with Mr. Levesque’s statement in his pre-filed testimony on page 23 (attached) because he felt that the statement made it sound like the ballot question was a referendum on zoning.

Chair Dubois stated that the statement referred to the proposed ordinance as a town wide conditional use.

Mr. MacDonald stated that his real point was that the testimonies were submitted without running them by the Board.

Ms. Vanderwende stated that the Board authorized the subcommittee to submit the testimony.

Chair Dubois stated that the rest of the Planning Board is not the committee.

Mr. MacDonald stated that the Planning Board is the intervenor.

Ms. McEwen stated that the subcommittee had been created and that they should have come back to the Board for “fine-tuning” and that would have been appropriate as a courtesy.

Chair Dubois stated that the subcommittee was given the authority and that “fine tuning” could only have occurred within a Planning Board meeting.

Mr. MacDonald requested that for the remainder of the process, the testimonies should be run by the Board.

Chair Dubois stated that the testimonies had been time sensitive and re-stated that the subcommittee had been given the authority.

Mr. MacDonald disagreed.

Ms. Pinello wanted to be clear on Mr. MacDonald’s earlier statement (Mr. Levesque’s testimony)
Mr. MacDonald stated that Mr. Levesque’s statement implied that by not passing the Large Scale Wind Facility ordinance, the voters were not making a choice about the existing ordinance. He stated that the voters were voting no to a proposed ordinance to regulate wind farms.

Chair Dubois stated that it was a zoning matter.

Mr. MacDonald asked where it (a wind facility) would become a permitted use.

Ms. Pinello stated that it would have been a conditional use to allow it anywhere in town where the criteria were met.

Chair Dubois stated that Mr. Levesque’s statement in his testimony was correct.

Mr. MacDonald disagreed and that the voters did not “choose” a way to vote – and that he felt that Mr. Levesque’s testimony purported that.

Ms. VanderWende disagreed by saying that it was not known how the voters were voting.

Ms. McEwen said that the voters did not consciously choose.

There was a short discussion on whether or not submissions should be reviewed by the Board. Chair Dubois stated that it might be a courtesy to keep the Board informed.

Review suggestion of Attorney Waugh follow-up

Chair Dubois had received an email (archived in the Planning Board Minutes binder in the Town Hall)  from Atty Waugh stating that Atty Waugh should address and follow-up the Planning Board’s concerns at the September 6 SEC session. Atty Waugh felt that his argument was not addressed, and that Atty Roth’s statements had hurt rather than help the Planning Board.

Chair Dubois said that the question before the Board was whether or not to hire Atty Waugh to reply to AWE. He stated that he did not feel strongly either way - having read Atty Roth’s new objection, he felt that another reply might complicate the issue but then he stated that on the other hand, he would like to see it happen.

Ms. Vanderwende stated that Atty Waugh should reply just to the Planning Board issue of the signing of the plat – and support Atty Roth’s motion to quash and not to reply to Atty Geiger.

Ms. Pinello asked for Ms. Ogilvie’s opinion. She continued that Atty Waugh was a land use lawyer and that his legal commentary would be valued because of his land use expertise; whereas, Atty Roth was an environmental lawyer and did not present a clear land use argument.

Ms. Ogilvie stated that Atty Waugh was much respected and well known in land use issues and that he was a very wise choice as an attorney to represent the Planning Board.

Mr. MacDonald stated that the point is “who has the authority?” (to subdivide in the Town of Antrim)

Ms. Pinello stated that Atty Waugh should reply with a short clear commentary.

Mr. MacDonald asked how that would contribute anything.

Chair Dubois stated that it would be fresher in the minds of the SEC – fresher than the rest of the briefs.

Ms. Pinello stated that Atty Waugh should clarify the Planning Board argument and he should be precise with the opposition.

Mr. MacDonald asked how much clearer it needed to be.

Chair Dubois stated that it took 10 pages to state the argument.

Mr. MacDonald stated that the original brief made an appropriate argument and that a second brief was not necessary.

Ms. Ogilvie said that his original brief had been compromised by the arguments of Atty Roth.
Chair Dubois said that Atty Waugh has already determined what should be said.

Mr. MacDonald stated that he did not think a reply was necessary.

Ms. Pinello disagreed.

Ms. VanderWende stated that the Planning Board’s position should be clarified to the SEC.

Motion:  Atty Waugh will send a reply as suggested in the email to Chair Dubois

Made by: Ms. VanderWende and seconded by Ms. Pinello.
The motion passed, 4 to 1, with Mr. Mac Donald objecting.

 Hydroelectric Project (FERC No. 6597) – filing of final license application – a cd with report documents accompanied this letter – FYI

SW Regional Planning Commission Newsletter - FYI

Other business:

Traditional Town Meeting Schedule – LGC - FYI

Respectfully submitted, Diane Chauncey, Secretary of the Planning Board 

Town of Antrim, NH P.O. Box 517, 66 Main Street Antrim, NH 03440
Phone: (603) 588-6785    Fax: (603) 588-2969    Monday - Thursday 8:00am - 4:00pm
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