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Planning Board Minutes 04/17/2014
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ANTRIM PLANNING BOARD
MEETING MINUTES
April 17, 2014
Public Hearing – Major Site Plan Review – Landsite Corp

Members & Staff Present:        Diane Chauncey (Secretary)     Chris Condon (Chair) Michael Frosch (Member)     Jesse Lazar (Vice-Chair)           Steve MacDonald (Member)    Janet McEwen (Member)       Gordon Webber (Ex-officio)    Bob Holmes (Alternate)  Jeanne Cahoon (Alternate)     Carol Ogilvie (Consultant Planner)
Sarah VanderWende       (Member)
  
Public Attendees:
 Kevin Anderson Scott Burnside                  Kristina Burnside       Ann Enman
Stephen Schacht Jay Hennessy                    Kathy Chisholm  Silas Little
Wes Enman               Margie Warner           Joan Gorga              Joyce Davison
Jay Hennessey           Brian Sudsbury                  

7:00PM Public Meeting:
The hearing is at the request of Landsite Corp for a Major Site Plan Review to show the improvements necessary to construct a multi-use facility, which include: a self-storage facility, indoor storage, a multi-tenant commercial building, a landscape materials yard, log storage yard, cord wood operation, and gravel excavation. The parcel contains two existing structures; a house which will be renovated and rented and a barn which will also be renovated and used as a retail space and office for landscape materials use. A conditional use permit for an increase in impervious area above the allowable 2500 square feet within the Town Aquifer District is also being requested. The proposed project is located at 470 Clinton Road (Map 213 Lot 3) in the Highway Business District and Rural District.

Chair Condon opened the meeting at 7PM, welcomed the attendees, introduced the Board, and explained the Public Hearing process.
The Public Notice was read, the postings (Inside and outside bulletin boards of Town Hall, the Post Office Community Bulletin board, www.antrimnh.org website, and The Villager) were acknowledged. All abutters were sent return receipt certified mail and all receipts were returned.

Chair Condon asked Ms. Ogilvie if the application was complete enough to be accepted.

Ms. Ogilvie stated that the application was substantially complete – that there was nothing substantial enough to stop the process. There were several items that needed to be addressed, but she had contacted Mr. Anderson and Mr. Burnside who acknowledged that they were prepared to address the items. She stated that she felt that the Site Plan Review process was ready to begin and the application could be accepted.

Chair Condon suggested that the Board members take a few minutes to review the Site Plan Review checklist, which the Board did in silence.

The Board asked Ms. Ogilvie several questions (answers in italics):
  • Is log storage a permitted use? Yes, under agriculture as a permitted use.
  • What does the multi-tenant commercial building refer to? It was submitted as a multi-use facility
Christmas tree sales – is an additional permit necessary?
What is the time frame?

Motion: Mr. Webber moved to accept the application; Mr. Frosch seconded.
Vote:  By a voice vote, all (but Ms. McEwen who voted no) were in favor of accepting the application. The motion passed.

Chair Condon asked the applicant to present his proposal.

Mr. Anderson gave a general overview of the project:
  • 15 acre parcel
  • 1000’ frontage
  • House to be renovated and possibly rented to an employee
  • Barn would become an office and have retail space
  • Landscape materials would have an asphalt pad with pre-fab concrete blocks to contain materials such as bark mulch
  • Commercial building to be built for two tenants – Landsite on one side, the other tenant unknown at this time
  • Interior storage for boats, etc.
  • Standard self-storage
  • Log storage area
  • Material processing area – rock, sand, asphalt, etc.
  • Cordwood operation to include wood processor and drying kiln
  • Gravel excavation (received ZBA Special Exception approval on 4/15/2104 – Case # 2014-02ZBA). Material to be removed approximately 90,000 – 100,000 cubic yards, based on economic economy - probably 10,000 cu yd.  Per year
Mr. Anderson listed topics to be discussed:
        Lighting for each of the facilities – all of which would be dark sky compliant
Stormwater Management Plan – which has AoT (Alteration of Terrain) approval from Department of Transportation (DOT)
Traffic - plan for safety, has DOT approvals, oversize driveways for smooth traffic flow, line of site distance in all directions – excellent layout and plan

Mr. Anderson listed studies that have been completed:
        Prop Appraisal – Rockwood Appraisal – no negative impact – no diminution
Noise Study – Reuter Associates – monitored the site – 7 day testing period – baseline established – between 45 and 55 decibels – all equipment less than levels – loader – high setting above the level – screening plant – the engine side is noisy – to mitigate: point away from residents

Sieve analysis – S. W. COLE Engineering Inc. - report shows the grain material – it an excellent material – very low in fines (fines cause dust) – excellent gradation across the board –– close to NH DOT specs

Conditional Use Permit – Article XI-B Aquifer & Wellhead Protection District (ZO) PURPOSE:
The purpose of this ordinance is, in the interest of public health, safety, and general welfare, to preserve, maintain, and protect from contamination existing and potential groundwater supply areas, drinking water sources, and surface waters that are fed by groundwater.  The purpose is to be accomplished by regulating land uses which could contribute pollutants to designated wells and/or aquifers identified as being needed for present and/or future public water supply

Mr. Anderson stated that any use that will render impervious more than 15% or more than 2500 square feet of any lot, whichever is greater, a stormwater management plan shall be prepared which the Planning Board determines is consistent with Stormwater Management and erosion and Sediment Control Handbook for Urban and Developing Areas in NH and BMPs for Urban Stormwater runoff (DES). Landsite Corp has had a Stormwater Management prepared and approved. All the performance standards are listed in the ZO and have been satisfied.

Chair Condon asked for questions from the Board. Questions answered by either Mr. Burnside of Mr. Anderson:

  • What measures will be taken for erosion control around young Christmas tree seedlings? Seedlings will be planted in conjunction with a conservation mix. The grass around the trees will be mowed. Slope stabilization will be practiced.
  • What will be planted on the North Branch cemetery boundary? Christmas trees
  • RSA 289:3 stated that a 25’ vegetative buffer should be planted around a cemetery – will that be done?  Christmas trees will be planted.
  • Which buildings will need a septic system? One system will service the barn, the two tenant commercial building, and the house.
  • What projects will be started first? First goal to renovate two buildings. The barn (which will hold a small office and retail space); the wood processing facility; the mini-storage unit.
  • What is the time frame of the project – a start date and sequence? Each building that is renovated or constructed will need a building permit which is for a one year period (must be renewed at that time).
  • Since it is such a large project, shouldn’t the Board go on a site walk?
  • Should another noise study occur?
Atty Little stated that RSA 674:39 gave the information concerning the cemetery.

Public Hearing:
There were no abutters for or against the proposal who wished to comment.

Some of the questions and comments (Questions answers):

  • What fuel will be used for the kiln? Mr. Burnside: Biomass or leftover debris can be used, as well as, propane which is not a groundwater contaminant because it evaporates.
  • Will a bond be required? Ms. Ogilvie: The Site Plan Review and Subdivision Regulations state that if necessary and the law only allows a bond for road improvement and utilities. A reclamation bond for the gravel excavation operation is usually necessary.
  • Comment: Landsite Corp does clean, good work and is efficient and does a thorough job – in favor of moving forward with the project
  • Comment: good to see a project in the Highway Business District
  • Comment: The trucks can have an annoying noise when backing up. Possibly should not operate on Sunday
  • Comment: Mr. Burnside is a most professional businessman.
Chair Condon asked Mr. Burnside if he wished to rebut any of the        questions or comments.

He did not.

Chair Condon asked for any further comments.

The Public Hearing was closed.

Deliberation:

After some discussion, the Board decided to go thru the checklist line by line. Chair Condon read the items and the Board members determined whether or not the item had been satisfied.

Item #52(on the Checklist): Time frame

The Board discussed whether or not an exact time frame was required. Some felt it was mandatory to define the time frame and not make it an open ended project. Possibly it should be a condition of the approval. It was suggested to give a 2-year to start and a 5-year to complete.

Mr. Burnside stated that compliance was built in with a building permit, RSA 155: E and the reclamation, and the AoT (Alteration of Terrain) permit.

Atty Little said that the statute states 2-years to start up and then 5 years to complete the project. The project would be immune from any Zoning Ordinance changes and that the approval can go on forever.

Mr. Burnside stated that if a big box store were to come in, the store could be done in 6-months, but a local business owner does not have the same capability. He said that a locally run business is better for the town, but obviously cannot move as fast as the big box store.

Item #62 (on the Checklist) - Impact analysis
Mr. Anderson explained that DOT received the same information and set of plans that the Planning Board had received. DOT has approved the site plan.


Conditional Use Permit – impervious surfaces
        
The Board asked several questions concerning the permit and the recharging of the aquifer.

Mr. Anderson explained that the impervious area included both the paved areas (paved areas include the entrances and exits), the compacted gravel, and the buildings.

Motion: Mr. Webber moved to grant the conditional use permit; Mr. Frosch seconded the motion.

Vice-Chair Lazar asked what Mr. Webber’s basis for assuring that the plan is correct.

Mr. Webber said that from looking at the plan and the placement of the retention ponds and the State approvals.

Mr. Burnside stated that the AoT permit had been reviewed by Department of Environmental Services and it has been verified that it will work.

Mr. Anderson further explained the recharging of groundwater.

Vice-Chair Lazar expressed concern.

Roll call vote: McEwen, yes; VanderWende, yes; Condon, yes; MacDonald, yes; Lazar, abstain; Frosch, yes; Webber, yes.

Ms. McEwen said that she had 2 issues: 1. Sound and 2. That she thought there should be a site walk.

After a short discussion concerning the sound company that had executed the noise study, their qualifications, and that the Town has no Noise Ordinance, the sound issue was dropped.
Mr. Moore questioned hours of operation.

Mr. Burnside stated hours of operation that he could work with.

Ms. McEwen continued to express her concern for noise.

It was stated that no abutters had said anything about noise.

Mr. Webber said there had been no abutter objections and the Town does not have a Noise ordinance.

Mr. Burnside stated that the Highway Business was made for work.

Ms. VanderWende asked Ms. Ogilvie if the Site Review Plan could have been accepted without actual plans.

Ms. Ogilvie the applicant does not need a complete set of actual drawings.

Ms. McEwen said that was still concerned with the use of heavy equipment and the sound created by the machinery.

The Board discussed conditions for the approval:

  • Time frame Mr. Webber moved to give the applicant two years to start construction and an additional five years to substantially complete construction; Vice Chair Lazar seconded. A friendly amendment was made that specified a total of five years to complete that included the two years to start.
On a voice vote, all were in favor of the amendment, and then voted in favor of the condition.
  • Hours of Operation: Ms. McEwen moved to set the hours of operation as:   Monday – Friday 6AM – 6PM, Saturday 7AM – 5PM, and Sunday 8AM – 1PM
On a voice vote, all voted in favor of the condition, except Mr. Frosch and Mr. Webber, who voted no.
  • Building style – The buildings shall be consistent with the pictures presented in the Site Plan Review. Mr. Lazar moved the motion; Mr. Webber seconded.
On a voice vote, all were in favor of the condition.
  • Stockpiling of materials – After a short discussion of the materials to be listed, the Board determined that the list should be specific. The list of stockpile materials shall include the list as defined in the Subdivision and Site Plan Review regs as well as – stumps, loam, and compost. Ms. VanderWende moved the motion; Mr. Webber seconded.
On a voice vote, all were in favor of the condition.

The meeting for Landsite Corp. Excavation Operation Permit will be held on May 1, 2014 as a continuation of this meeting.

Business Meeting:
Approve – April 3, 2014 minute –  table to May 1

Alternate request: Consideration of Elsa Voelcker
The Board asked a few questions to which Ms. Voelcker said that she was interested in the Board’s work and that she would like to do some work in the Town.
Motion: Ms. McEwen moved to appoint Ms. Voelcker as an alternate; Vice-Chair Lazar seconded.
Vote: On a voice vote, all voted in favor.
The motion passed. Ms. Voelcker became the fourth alternate for the Antrim Planning Board.

By-laws – Mr. Holmes requests change - table to May 1

Correspondence:
SWRPC Commission Highlights – March 2014 - FYI

Workshops & Trainings:
20th Annual Spring Planning & Zoning Conference – Saturday, May 3 – Registration details soon – FYI

2014 NHDES Drinking Water Source Protection Conference – April 30 - FYI

Ms. VanderWende moved to adjourn the meeting t 9:45PM; Ms. McEwen seconded. All agreed to adjourn the meeting.

Respectfully submitted,
Diane Chauncey, Secretary for the Land Use Boards.



 
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