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Planning Board Minutes 11/07/2013
November 7, 2013
Public Hearing Zoning Ordinance Amendments & Site Plan Review Regulations

Members & Staff Present:              Diane Chauncey (Secretary)        Chris Condon (Member)
Charles Levesque (Vice-Chair)    Steve MacDonald (Member)        Janet McEwen (Alternate)         
Carol Ogilvie (Consultant)            Sarah VanderWende (Member)   Gordon Webber (Ex-officio)           
Members Absent:         Jesse Lazar (Chair)     Martha Pinello (Member)
Public Attendees:
John Robertson          Andrew Robblee  Ben Pratt       Ray Ledgerwood
7:00PM Public Hearing
Vice-Chair Levesque opened the meeting at 7:00PM. Ms. McEwen was appointed to sit for the absent Chair Lazar. Vice Chair Levesque explained the procedure for the Public Hearing. The meeting would be divided into three sections:

1.      The proposed changes would be read and an explanation for the change given
2.      Questions from the attendees would be taken
3.      Comments concerning the proposed changes would be received

The Secretary read the first paragraph on the Public Hearing Notice. All attendees had a copy of the document with the proposed changes.

Part 1 – Explanation - Vice Chair Levesque’s comments are italicized and underlined.
Zoning Ordinance Amendments and Subdivision and Site Plan Review Regulations

Pursuant to RSA 675:3 and 675:7, Notice is hereby given that the Antrim Planning Board will hold a Public Hearing on Thursday November 7, 2013 at 7:00 PM at Antrim Town Hall to present the following proposed changes to the Zoning Ordinance; and to amend a definition in the Subdivision & Site Plan Review Regulations:

1.      To amend Article XIV, O. Home Occupations, by removing the references to non-resident employees.  
Explanation:  By definition, Home Occupations do not allow nonresident employees.
Vice chair Levesque explained that the language change would then be consistent with the definition in the Zoning Ordinance.
O.      Home Occupations: (Amended March 11, 2008)
1.      Conducted solely by resident members of the immediate family and one non-resident employee.
2.      Clearly secondary to the use of the dwelling for dwelling purposes.
3.      Not change the residential character of the dwelling in any visible manner.
4.      Not create objectionable noise, odor, vibration, smoke, dust, heat, glare, or unsightly conditions noticeable off the premises.
5.      Not create electronic interference.
6.      Not create a health or safety hazard.
7.      Not show any exterior evidence of a home occupation except for signs as permitted in Article XVII, Section D – Signs Permitted in All Districts without Permit. (Amended March 22, 2012)
8.      Provide off-street parking facilities for any employees and visitors, as provided in Article XV.
2.      To amend Article XIV, O. Home Occupations, by adding the following statement:
O.     Home Occupations. (Amended March 11, 2008) Home Occupations are permitted in all districts subject to the following:
Explanation:  This amendment is simply to make clear where Home Occupations are allowed.
Vice chair Levesque explained that “home occupations” are allowed in all districts.
3.      To amend Article XV, B. Parking Facilities Required, Paragraph 2. Commercial Parking, by removing “home occupations” from subparagraph p.  
Explanation:  Since Home Occupations by definition do not allow nonresident employees, there is no need to provide for parking spaces for them.
Vice chair Levesque explained that the language change would then be consistent with the definition in the Zoning Ordinance.
B.      Parking Facilities Required
2.   Commercial Parking:
p.      Home occupations or home-based businesses: At least two (2) parking spaces for the residence, one (1) parking space for each nonresident employee and two (2) parking spaces for patron use.
4.      To amend Article VIII – Lakefront Residential District, by removing Home Occupations and Home-Based Businesses from the list of permitted uses.  
Explanation:  Since these uses are addressed elsewhere in the ordinance, it is redundant to have them listed in this District.
Vice Chair Levesque explained that removing the words “occupations or home” makes the Zoning Ordinance consistent.
5.      To amend Article VIII – Lakefront Residential District, by inserting the minimum lot frontage of 200 feet.
Explanation:  This amendment is to correct an omission that left the lot frontage out of the district requirements.
Vice Chair Levesque explained that in the Lakefront District Article, frontage had been erroneously omitted. The proposed amendment would make Article VIII consistent with the other districts.

6.      To amend the definition of “Minor Subdivision” contained in Subdivision and Site Plan Review Regulations as follows:
        Minor Subdivision – A proposal that does not constitute the creation of more than two new lots or involve the construction of a road or other improvements, with no potential for further subdivision.
        Explanation:  The phrase “with no potential for further subdivision” is not consistent with state law.
Vice Chair Levesque explained that the Planning Board does not have the ability to pre-suppose the future –the phrase should be removed.
Proposed amendments to the Zoning Ordinance will be ballot items to be voted on in March 2014. The “Minor Subdivision” definition amendment will be a vote of the Planning Board – after the Public Hearing.  Copies of the proposed text are available for review at Town Hall offices during business hours, Monday – Thursday, 8:00 AM – 4:00 PM or on the Antrim website - website
Part 2 – Attendee questions
Mr. Robertson asked for the definitions of home occupation and home based business to be read. Vice Chair Levesque read the definition of home occupation and summarized Article XIV-A – Home Based Businesses.
Mr. Robertson spoke of a home occupation that statrted out in a garage and later became a major business in NH; and then of his own business which he had operated out of his home for 30 years. He asked the question of when either of these businesses would have become a home based business.
Chair Levesques read the seven criteria which would have triggered the change:
A.  The commercial activity on the premises is not performed entirely within a dwelling or structure accessory to the dwelling.
B.  The number of on premises, non-resident employees is greater than one.
C.  Changes the residential character of the property in any visible manner.
D.  Shows exterior evidence of the commercial activity except for signs as permitted in article XVII of Antrim’s zoning ordinances.
E.  Displays or stores materials, goods, supplies or equipment outdoors.
F.  Parks or stores more than two (2) vehicles used in the commercial activity on the premises.
G.  Involves the presence of mechanical equipment used in a business
There were no further questions.
Part 3 – Public Hearing

Chair Levesque asked for comments from the attendees.

Mr. Robertson stated that he was concerned about the limitation of one outside employee.

Mr. Robblee stated that he thought the definition should not be changed. He gave a historical perspective of how a former Planning Board struggled with the “one non-resident employee”  and had chosen the language to aid the small businesses of the town.

Vice-Chair Levesque questioned why the language was not consistent in the Zoning Ordinance.

Mr. Robblee stated that it was an oversight and that the language should be consistent. He also stated that he thought that the regulations were too restrictive and that there should be greater leniency.

Vice-Chair Levesque stated that the overall definiton could be changed for consistency.

Mr. Robblee stated that it should be kept as it was.

Public Hearing was closed
Mr. Webber stated that he was concerned about his own business and that one non-resident should be allowed.
Vice-Chair Levesque stated that the intent was to make the Zoning Ordinance consistent throughout.
Ms. VanderWende stated that Mr. Robblee’s comment had been very helpful and that the intent historically had intended to mean to grow a business, not to hinder.
Motion: Ms. McEwen moved to change the wording of #1 to say”Any commercial activity carried on entirely within a dwelling or other structure to the dwelling by the residents thereof and up to  one non-resident employee and soes not meet any of the criteria for a Home-Based Business listed in Article XIV Supplemental Regulations”; and to strike # 3 (non-resident parking); Mr. Webber seconded.
Vote: By voice, unanimous. The motion passed.

#s 2, 4, and 5 should remain as in the Public Notice.

# 6 After a short discussion, it was determined that the language should remain as currently stated.

Vice-Chair Levesque asked if there were any other proposals. There were none.

The next Public Hearing will be held on December 5, 2013.

Business Meeting:
Approve October 17, 2013 minutes - Ms. VanderWende moved to accept the minutes; Mr. Webber seconded. Ms. VanderWende commented on the “Implementation” chapter from the Master Plan. She had requested that some of the items should have been linked. The correction will be made. The Board members voted unanimously to accept the minutes as amended.
CIP Update – a formal presentation by CIP Committee members will be held on December 5.

NH Monadnock Hydro Project Monadnock Paper Mills – final programmatic agreement for the Monadnock Hydroelectric Project – Project # 6597-013-NH – (the Town of Antrim receives this information as an abutting town)

Workshops & Trainings:
Forest Laws for Municipal Officials- “an inside review of the laws with a chance to see how the laws are applied on the ground (brochure) – November 19, 2013 – Shieling Forest, Peterborough
“Attaching ‘Conditions’ to Approvals in Land Use Boards” – by Paul Sanderson – article in current NHMA Town and City
Other business:

Ms. Ogilvie suggested that the definitions of Minor Subdivision and Major Subdivision should be reviewed at a future time.

At 8:05 pm, Mr. MacDonald moved to adjourn. Mr. Webber seconded the motion. All voted unanimously to adjourn.
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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