MADISON PLANNING BOARD
Minutes
January 14, 2009
Public Hearing & Regular Meeting
Members Present: Mike Brooks – Selectman, Mark Brown, Phil LaRoche, Don Marks, Mary Meier, Karl Nordlund, and Marc Ohlson-Chair.
Members Not Present: Jay Buckley and Noreen Downs
Others Present: Bob Babine – Code Enforcement Officer and Peter Craugh
Meeting Agenda Posted: 12/31/08 at Madison Town Hall, Madison Post Office, and Silver Lake Post Office
1. CALL TO ORDER: Mr. Ohlson called the Meeting to order at 7:05 P.M. He noted that this meeting and the noticed public hearings had all been postponed from 1/7/09due to the weather.
2. APPOINTMENT OF ALTERNATES: Mr. Marks and Mr. LaRoche were raised to voting status.
3. APPROVAL OF AGENDA: Mrs. Meier moved, seconded by Mr. Nordlund, to approve the agenda as presented. Motion passed.
4. APPROVAL OF MINUTES: Mr. Nordlund moved, seconded by Mrs. Meier, to approve the minutes of 12/3/08 as presented. Motion passed.
5. PUBLIC COMMENT: none
6A. REVIEW OF NEW APPLICATIONS:
A. Preliminary Site Plan Review for Tracey Leonard, Sunshine Farmers Market, 1014 Eaton Road, Commercial District, Tax Map 260 Lot 1 on land owned by Purity Springs Resort for expansion of an existing use (09-01)
Determination of Completeness: Public hearing was posted 12/17/08 and all fees have been paid. Abutter notices are not required. Mrs. Huff reported that Ms. Leonard could not be present at the meeting and to date, no plans have been received. Mr. LaRoche moved, seconded by Mr. Nordlund, to determine the application as incomplete. Motion passed. The applicant will be notified of the need to reapply.
6B. REVIEW OF APPLICATIONS-OLD BUSINESS: none
6C. REGULATIONS PUBLIC HEARING:
1. Amend Article II. Section 2.1.C – Enforcement; Violations and Penalties to maintain consistency with building permit fees as they are amended.
2. Amend Article V. Section 5.2 – Eidelweiss Residential District Sign Regulation – to clarify the type, size, number, and placement of signs within the Village District of
Eidelweiss.
3. Amend Article V. Section 5.5 – Height Limitations – to include other exceptions as may be listed in the zoning ordinance such as cell towers and small wind energy systems.
4. Add Article V. Section 5.12 Outdoor Wood-Fired Hydronic Heaters – to regulate the use and installation of Outdoor Wood-Fired Hydronic Heaters as permitted by RSA 125-R.
5. Add Article IX – Small Wind Energy Systems - to accommodate small wind energy systems in appropriate locations, while protecting the public’s health, safety, and welfare as required by RSA 674:63.
The public hearing was opened at 7:14 P.M. Mr. Ohlson reviewed each of the proposed amendments as follows: 1. The building permit fee schedule is reviewed and amended by the Board of Selectmen. The practice has been to duplicate the building permit schedule in the zoning ordinance. By amending this language to refer to the schedule, there will be no need to update the zoning ordinance each time the fees are changed. 2. The proposed sign ordinance was requested by the Commissioners of the Village District of Eidelweiss. They crafted the language to be as restrictive as possible while still observing free speech laws. 3. The addition of an ordinance for small wind energy systems necessitated the change in the height ordinance. 4. The state has adopted regulations concerning ‘wood boilers’ and the town has referenced those regulations in the ordinance. 5. The Office of Energy and Planning was tasked by the legislature to provide a sample ordinance to regulate “wind towers” and the town has adopted this ordinance.
The public hearing was closed at 7:47 P.M.
Mr. Ohlson noted the receipt of correspondence from the Board of Selectmen which included the minutes of a meeting held on January 8, 2009 and language for a proposed ordinance changing the boundaries of the existing commercial zone, which he read. Mrs. Huff explained that the Local Government Center legal staff had been consulted to determine the procedures for this submission. The Board of Selectmen, Planning Board, and Village Commissioners may propose new zoning changes as late as the first public hearing to discuss noticed changes; a second public hearing would have to be scheduled to hear the new changes, as well as any substantive changes to the noticed changes. Because the deadline to notice a hearing for Wednesday, January 28, 2009 was today at 5:00 P.M., Mr. Ohlson authorized Mrs. Huff to notice the public hearing for all of the Planning Board amendments as well as the proposed amendment by the Selectmen.
During discussion of the procedures, it was noted that it seems improbable that the Selectmen’s meeting on 1/8/09 was noticed 24 hours in advance as required by RSA 91-A, as the meeting was scheduled for 7:30 A.M. and town hall does not open until 8:00 A.M. Mr. Brooks acknowledged the possibility of the error, stating he would have preferred that the proposed amendment was submitted by the Planning Board or by petitioned amendment. There was general discussion as to how to proceed, since the Planning Board was reluctant to discuss a proposal that was generated from a potentially illegal meeting.
Mr. Brooks moved, seconded by Mr. Brown, to request that the Planning Board send the proposed language to a public hearing.
Discussion: Mr. Brooks stated that the issue of the 600’ commercial district boundary was brought to light by Mr. Lucy who noted that several cases had appeared before the Zoning Board of Adjustment regarding this constraint. The proposed change would eliminate the 600’ boundary and instead increase the boundary to the rear lot line of each of the lots in the zone. Mr. Lucy submitted a letter supporting the change which was read for the record. Mr. Brooks felt that while this change could possibly eliminate a potential lawsuit, the more important results would be an increase of property values thus increasing the tax base. He felt the 600’ was arbitrary. Mr. Craugh felt that surrounding rural residential property values would be diminished by this proposal. Mr. Ohlson stated that he felt the issue should be addressed through the master plan process. He noted several concerns, including contiguous lots, and access to lots without road frontage. Mr. Brooks countered that development in the commercial zone is difficult, sometimes necessitating a use variance. Because commercial development generally does not require as many town services as residential use, such development could help offset the residential tax burden. Mr. Nordlund commented that he would rather take the time to thoroughly discuss the amendment and all of the possible outcomes rather than rush into adopting an ordinance which needs to be amended in subsequent years due to problems. Mr. Marks and Mr. LaRoche agreed that they would have liked more time to review the language.
Vote: Mr. Brooks – yes; Mr. Brown – yes; Mr. LaRoche – no; Mr. Marks - no; Mrs. Meier – no; Mr. Nordlund – no; Mr. Ohlson – no. Motion does not pass.
It was agreed to leave the public hearing notice for January 28, 2009 as noticed to allow time for Mr. Brooks to seek legal counsel as to how to proceed. The five amendments discussed during the public hearing will be finalized at the 1/28/09 meeting.
7. NEW BUSINESS:
Capital Improvements Program: Mr. Brooks reviewed the spread sheets prepared by Mrs. Downs on behalf of the Committee. He commended Mrs. Downs for the incredible job she did in pulling all the information together. The Worksheet for the Selectmen details the projects anticipated for 2009, including prior projects already approved and approved new projects. The Spreadsheets for 2010 – 2015 detail existing and proposed capital expenditures over the 6 year time frame. The Committee worked to spread out the expenses while still keeping in mind the timing required for each project. Mr. Brooks explained that some projects originally scheduled for 2009 were deferred to 2010 due to very tight budget constraints. All projects are assessed an inflationary rate as is the annual growth rate for assessments. The projects are separated by town and school, with the tax impact listed for each year. The goal is to maintain as steady a tax impact as possible.
Mr. LaRoche moved, seconded by Mr. Nordlund, to approve the reports and send them to the Board of Selectmen. Motion passed.
8. OLD BUSINESS:
Master Plan Review Update – Survey Questions: The questions were reviewed and approved with some minor editing. It was suggested that a question regarding “mother-in-law” apartments be crafted as well as the Road Subcommittee recommendation for road location of the respondent. Mr. Nordlund moved, seconded by Mr. Marks, to authorize Mrs. Downs and Mrs. Huff to finalize the survey and arrange for its implementation and advertisement.
9. CHAIRMAN’S REPORT: none
10. SELECTMEN’S REPORT:
Mr. Brooks stated that the budget process has been difficult and thanked the departments for their contribution to a reduced budget. Revenues are projected to be down for 2009.
11. SUBCOMMITTEE REPORTS:
Road Subcommittee: Mrs. Meier reported that the committee has finalized their review of the Transportation Chapter. She requested clarification of their task regarding the Road Survey. The Planning Board agreed that until data input of road information could occur the committee should suspend meetings. They felt it was extremely important to provide a review of the town roads for use by the CIP committee and the Selectmen.
12. CORRESPONDENCE:
Mrs. Huff reported receipt of notification of submission of Alteration of Terrain permits to the Department of Environmental Services by A.J. Coleman & Son and Pike Industries, Inc. for expansion of existing gravel pits. It appears that the lots in question are grandfathered and do not require permitting through the Planning Board. The expansions do need to comply with RSA 155-E and Mrs. Huff was tasked with sending letters requesting the required information.
Mrs. Huff has had an inquiry regarding the legality of two different uses on a commercial property. The Board suggested that the applicant or his agent come in for an informational review.
13: ADMINISTRATION:
Board member terms: Mr. Nordlund moved, seconded by Mrs. Meier, to appoint Mrs. Downs and Mr. LaRoche for three year terms as Alternates, effective March Town Meeting 2009. Motion passed. There will be two elected member positions open on the ballot.
14. ADJOURNMENT: There being no further business, Mr. Nordlund moved, seconded by Mrs. Meier, to adjourn the meeting at 9:47 P.M. Motion passed.
The next Public Hearings & Regular Meeting is February 4, 2009 at 7:00 P.M.
Respectfully submitted,
Wendy J. Huff
PB Administrative Assistant
Minutes Approved: February 4, 2009
Corrections: none