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| Planning Board -
Minutes For the year 2004 |
TOWN OF HENNIKER
PLANNING BOARD
Approved Minutes
December 22, 2004
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johsnton, Selectman Ex-Officio; James McElroy, Board Member; Gail Abramowicz, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member, Angela Martin, Alternate Board Member, Laura Scott, Planning Consultant; and Susan Thompson, Minute Taker.
Guests Present:
Steve Bennett, Rodney Knapp, Roger Belson, Representative Barbara French, Brian Barrett, Dennis McComish, Brenda Connor, Darwood French, G Blanchard, Peter Gilbert, Arthur Kendrick, Jennifer Dennis, Donna MacMillian, Eric Geaumont, Jennifer Geaumont, Joelle Farrell, Jeremy Soulliere, Martha Taylor, Judith Englander, Martha Japer, Magan Geaumont, Don Geaumont, Ron Taylor, Susan Taylor, Jon Evans, Stephen Dennis, Susan Rainier, Kurk Arnold, Linda Fish-Brown, Gene Brown, Keith Johnson, Grace Cohen, Johanna Hauptman, Ted Parkins, Jessica Michie, Ken Hauptman, Jason Michie, Steve Foot, Alan Michie, Liz Sweeney, Scott Dias, Ray Bigwood, Marc Aucoin, Terence Sweeney, Michele Bergh, Dale Clement, Steve Forster, Rick Humbolt, Marie Pelletier, Kurt Manton, Walter Robinson, Lloyd Henderson, Cheryl Morse, Candace Norton Grendell, Eleanor Kjellman, Joseph Pannis, Donna Pannis, Stephany Marchut Lavallee, Katherine Patenaude, Richard Patenaude, John Healy, Dawn Blanchard, Kerry Ainsworth, John Milligan, Terry Trier, Lawrence White, David Marshall, and Raymond Drabble.
Chairman Scott Osgood called meeting to order at 6:00 p.m.
MINUTES
The meeting minutes from December 1, 2004 were reviewed and edited.
MOTION made by Cordell Johnston to approve the meeting minutes from December 1, 2004 as edited. Seconded by, Gail Abramowicz and approved in favor of unanimously. Motion passes.
PUBLIC HEARINGS
6:20 p.m.
1.) A Petition Warrant article has been submitted to the Planning Board to amend the Zoning Ordinance to establish a Historic District Overlay District to reaffirm the Historic District that was established by Town Meeting votes in 1975 and 1976. Continued from 12/08/04 Planning Board Meeting.
Cordell Johnston said he spoke to the Board of Selectman since the Planning Board’s last meeting and felt that their concerns he mentioned at the last Planning Board meeting had been lessened.
Scott Osgood mentioned that he is in support of this Petition but mentioned this Historic District Overlay does not lend itself to other historic areas of Henniker.
Ging Blanchard acknowledged that this Historic District Overlay only works for the Town Hall Building area and not other historic areas of Henniker.
MOTION made by Jim McElroy to express support of the Petition Warrant Article to amend the Zoning Ordinance to establish a Historic District Overly District. Seconded by Cordell Johnston and approved in favor of unanimously. Motion passes.
2.) The proposed “town of Henniker, New Hampshire Chapter 202 Land Subdivision Regulations.” Copies of proposed Regulations are available at the Henniker Town Hall. Continued from 12/1/04 Planning Board Meeting.
Laura Scott clarified with the Board Members regarding the request to cite the RSA that pertains to cutting trees in side slopes. However, this regulation deals with new roads and not with existing roads and the RSA deals with existing roads. Board Members agreed this request was requested in error.
MOTION made by Cordell Johnston to accept as amended the proposed “Town of Henniker, New Hampshire Chapter 202 Land Sub-divison Regulations.” Seconded by Jim McElroy and approved in favor of unanimously Motion passes.
6:30 p.m.
3.) Growth Management Ordinance – End of the year update
Laura Scott reported the numbers as recorded in the December 2004 Growth Management Ordinance Update.
Kristin Claire said these are expected results of the first year.
MOTION made by Jim McElroy to accept that per the GMO 133-144(A), the total number of residential building permits available in 2005 is 27 and the carryover from 2004 is 25. Seconded by, Kristin Claire and approved in favor of unanimously. Motion passes.
6:35 p.m.
4.) 2005 Town Meeting Proposed Zoning Changes Public Hearing
The Board Members discussed the process of going through the items. The Board decided to go through them as listed on the posted Agenda.
1. Remove sections 133-15, 133-19, 133-23D, 133-25F, 133-25E, 133-27C, 133-27D, and 133-29F.
Laura Scott reviewed the intent. These are not necessary and duplicate information provided other places in the Ordinance.
No public comment.
MOTION made by Scott Osgood to approve. Seconded by Kristin Claire and approved in favor of unanimously. Motion Passes.
2. Change the definitions for “abutter”, “agriculture”, “wetlands, “kennel”, and “story” and add a definition for “lot, non-conforming”.
Laura Scott reviewed the intent of each changed definition or added definition. These changes and additions were amended to be consistent with State of NH definitions and to be clearer.
Public comment opened 6:45 p.m.
Ron Taylor asked whether the changes affect an existing lot of record.
Roger Belson asked why we were changing the definitions. He wanted to understand the reasons why the Planning Board felt the need to align their definitions with state standards. There was interactive discussion.
Cordell Johnston asked if the Board should consider moving this meeting as there were many members of the public who were in the hallway and could not hear.
The Board decided to move this meeting to the Community Center. Peter Flynn, Town Administrator offered to direct any future arrivals of the new meeting location.
7:00 p.m. 15 minute adjourn to relocate.
7:20 p.m. re-adjourned at the Henniker Community Center
Roger Belson began with question regarding why amend the definition of “story”. Would an attic be considered a story? Discussion continued regarding height requirements of a story or of a building.
MOTION made by Geoffrey Hirsch moved to strike this proposed “story” change. Seconded by Cordell Johnston approved in favor of unanimously. Motion passes.
Roger Belson asked about the Wetlands and it was determined the information needed to be edited to reflect the exact RSA cite.
Grace Cohen had a concern with the proposed “abutter” definition. Her concern was that under the proposed definition you may exclude interested parties.
Angela Martin said she felt this would be an administrative nightmare as it would be unclear as to what abutters required notification. The investigation and legwork would be timely and costly. Ms. Martin said she appreciated the reasons for Ms. Cohen’s concerns.
Cordell Johnston said state statue says abutters need to be notified and state statute defines abutters.
Roger Belson asked, although you can not do less than the state statute, can you do more?
Geoffrey Hirsch suggested to leave the proposed definition as it is. Maybe change the “rules of notification”.
Roger Belson said it seemed simple to him. It is the applicant’s responsibility to notify the abutter not the town’s responsibility.
Laura Scott reviewed what the administrative process involves and stated that notification was town administered.
Roger Belson said he does not see this being the town’s responsibility.
Gail Abramowicz brought up if there is problem with the notification process it becomes the town’s expense.
MOTION made by Cordell Johnston to approve with the technical changes to “wetlands” and removing “story”. Seconded by Scott Osgood and approved in favor unanimously. Motion passes.
7:54 p.m.
3.) Amend section 133-134 to allow by Special Exception Bed-and-Breakfast Homes in all Zoning Districts except the Heavy Commercial District.
Laura Scott reviewed intent.
MOTION made by Cordell Johnston to approve. Seconded by Gail Abramowicz and approved in favor unanimously. Motion Passes.
4.) Amend Article XII Home Business to be consistent with the Site Plan Regulations (SPR) by adopt Article II of the SPR into the Zoning Ordinance, replacing the definition of “home business” with “home business professional”, and by replacing the definition of “home business/retail” with “home business retail/service.”
Laura Scott reviewed the intent.
Scott Osgood read Article II from Site Plan Regulations.
Roger Belson asked what the differences were between “home/business professional” and “home business/retail” was. The Board provided many examples.
Steve Forester has an agricultural and retail business. During a 30-day period he may have 12 –15 persons assisting him.
Kurt Martin asked how this affects an agriculture business. The Board answered that agricultural businesses are allowed in all zones.
Kristin Claire said these changes will only apply to new businesses
Eleanor Kjellman asked how this would affect dog groomers.
Laura Scott advised that existing groomers would be grandfathered. New dog groomers would need to adhere to the Zoning changes.
Richard Patenaude said this is only going to screw over people who want to do it not people who already do it.
Scott Osgood reminded everyone to be civil.
Cordell Johnston is concerned about groomers and how this would affect future groomers.
Roger Belson felt that all of this has to go back the reason you are making the change.
Michelle Bergh does not know anyone who owns a kennel and does not live there, as he or she needs to be available. Heavy Commercial District is not a likely place for a residence to be located.
Representative Barbara French asked where the Heavy Commercial District is. The map was reviewed.
Grace Cohen suggested the definition be changed to adult dogs. Due to economics more home businesses are popping up. This definition has gray areas. E-bay is an example of a home business that would fall into a gray area.
Eleanor Kjellman suggests that the kennel definition may be amended.
Dale Clement faulted the definitions for grammar and technical errors. The definitions are mixing people and places and for consistency purposes it should be one or the other.
Cordell Johnston said although he certainly respects the concern, he could see the grammar corrections taking a very long time to correct and for timeliness they may have to look at that for next years Town Meeting (2006).
Kirk Spofford asked if the Planning Board has any intention of continuing this hearing.
James McElroy asked what the down side would be too not doing this for the next Town Meeting.
Laura Scott said there was a conflict between Zoning and Site Plan Review.
Scott Dias is wondering why this is all coming to head tonight why did this not start months ago.
Cordell Johnston reviewed the time frames and the start and end dates.
Geoffrey Hirsch understands the grammar concerns. Wants to stress the importance between aligning the Site Plan Review Regulations and Zoning Ordinances.
MOTION made by Scott Osgood to accept as written. Seconded by Gail Abramowicz and approved in favor of unanimously. Motion passes.
Representative Barbara French wanted the Planning Board audience to be aware of the process to get involved. She discussed the opportunities available to all interested persons.
MOTION made by Cordell Johnston to remove groomer from kennel definition. Gail Abramowicz seconded and approved in favor of unanimously. Motion passes.
8:30 p.m.
5.) Amend section 133-47: Permitted sign sized in District to add dimensional
Requirements for signs in the Educational District.
Laura Scott reviewed the intent.
MOTION made by Cordell Johnston to approve. Seconded by Gail Abramowicz and approved in favor of unanimously. Motion passes.
6.) Amend Article XV and ArticleXVI to make general formatting and grammatical changes, amending Special Exception criteria, adding Special exception time limits, and adding provisions for Equitable Waivers of Dimensional Requirements.
8:40 p.m.
7.) Amend 133-40C and 133-40D to a lot size of 20 acres (currently 10 acres).
Scott Osgood reviewed the intent of this proposed warrant article. This is a first step in aligning Zoning with the spirit of the Master Plan.
Don Armstrong discussed safety and the condition of roads and how this affects increased numbers of children reaching school bus stops.
Cordell Johnston suggested the Board may want to speak to items 7, 8, and 9 as a whole.
8.) Amend 133-41 for the Rural Residential (RR) Zoning District to a lot size of 20 acres and 400 feet of frontage (currently 5 acres and 125 feet of frontage).
9.) Amend 133-41 for the Residential Neighborhood (RN) Zoning District to a lot size of 5 acres and 225 feet of frontage for single-family, two-family and multifamily dwellings (currently 2 acres and 125 feet of frontage for single family and two-family and 3 acres plus 1 acre for each additional unit over two for multifamily).
Eleanor Kjellman asked if when you take items 7, 8, and 9 together, this is to discourage 2-acre lots and family growth and development within the town.
Richard Patenaude asked if it is not about the master plan and only about safety of school children getting on the bus. This is all anti-growth and I am against the whole thing. Those who proposed and those who like it need a new hobby.
Scott Osgood asks that all be civil.
Cheryl Morse said this should not be an emotional issue. If indeed the issue is safety than the issue should be fixing the road and the developers should fix the road.
Laura Scott clarified.
Lawrence White said he is vehemently opposed to this type of Zoning. If safety is the issue and I believe this is a guise and the real intent is to inhibit growth. The Social impact your are charged with is planning not instructing. You are trying to exempt building a community with dedicated young people.
Stephen Dennis said I have a two acres and now with this I can not build
Candace Norton is against this.
Laurie Grob asked if the Board consulted legal counsel.
There was a discussion about The Master Plan.
Dennis McComish said he can’t emphasize enough that some elderly have paid their taxes and held onto the land. Many in this group planned on using their land as way to finance their individual retirement needs.
Ken Drabble asked about grandfathered lots.
Laura Scott explained posting procedure. Existing lots are grandfathered.
Rick Humbolt said he bought his property in 1975. There have been many foreclosures since then he is against these changes.
Bill Hadley said if 20 acres is the minimum lot size allowed you will then eliminate building by people who work for a living. The master plan talks about affordable housing how is this affordable.
Alan Michie said he was disappointed some of the other landowners from Henniker were not present at this meeting.
Kerry Ainsworth is a landowner and she wanted to know why the rules had to change before the vote.
Laura Scott answered this was state law.
MOTION made by Cordell Johnston to withdraw agenda items 7, 8, and 9 from appearing on the town ballot. Seconded by Gail Abramowicz.
Kristin Claire talked about the Zoning table and how this would affect all zones.
Michelle Bergh said there are 3 items to be addresseed: drainage, frontage and acreage. She said impact fees would solve this concern.
Eleanor Kjellman thanked the planning Board members or their hard work on this. Housing and providing housing is not an easy subject. She suggests we do not pass this type of zoning. But rather find solutions to accommodate our young persons.
Phil Marsland said the zoning is what the voters want why change what the voters want.
Steve Forster said that this is all about money. I think you’re on the mark with 20 acres.
Geoffrey Hirsch said there is pressure to develop large tracts of land. Increasing pressure on the town resources and existing tax base.
Representative Barbara French said that Henniker means a lot to her. We need to offer the people the opportunity. Everyone should think beyond the box. There are a lot of people who care deeply.
Gene Brown enjoys Henniker for the rural character. If the character changes he will leave and leave the problems behind because he will sell to developers and maximize his profit.
Dale Clement said I don’t like growth. The Henniker population has grown 300 percent since I was born. I have respect for the intent of the board. I don’t want to divide the town. We don’t want a community where the people are divided. Property taxes are 40% of my income. I want to preserve the land, I don’t want to sell sub-divide and keep my property value low. Rebate the taxes based on income and least impact.
Kerry Ainsworth what is wrong with the acreage as it stands.
Dawn Blanchard spoke in support of the proposed changes. She owns small family farm and would like to see the land preserved. She would like to see the changes considered and not withdrawn.
Eleanor Kjellman voiced her concerns about the historical value. Additionally the need for vital businesses to help with our tax burden. She wants people to live and work here. Maybe reach out and create a small business park.
Donna Parris clarified that a road that is seasonally maintained or does not meet town standards would have 20 acres minimum lot size, however if the road is upgraded then zoning would revert to the Zoning of the district.
Brian Barrett said send it to town meeting for a vote.
MOTION made by Kristen Claire to amend previous motion to remove agenda items 8 and 9 and to keep 7. Seconded by Cordell Johnston and approved in favor unanimously. Motion passes.
MOTION made by Gail Abramowicz to approve amending 133-40C and 133-40D to a lot size of 20 acres. Seconded by Kristin Claire and approved in favor of unanimously. Motion passes.
Planning Consultant Report
10:20 p.m. Laura Scott reviewed what she would finish and post. Additionally, advised where files would be found.
The next Planning Board Meeting will be January 12, 2004 at 7:00 p.m. unless otherwise posted.
MOTION made by Gail Abramowicz to adjourn the meeting. Seconded by Geoffrey Hirsch and approved unanimously.
Meeting adjourned at 10:30 p.m.
Respectfully,
Susan Thompson
TOWN OF HENNIKER
Approved Minutes
December 8, 2004
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johsnton, Selectman Ex-Officio; James McElroy, Board Member; Gail Abramowicz, Board Member; Terry Stamps, Board Member; Laura Scott, Planning Consultant; and Susan Thompson, Minute Taker.
Guests Present:
Bruce Mayberry, Brenda Connor, Barbara French, Don Blanchard, Ging Blanchard, Pete Gilbert, Spencer Gilbert, Spencer Bennett, Linda McGuire, Arthur Kendrick, Martha Taylor, N. Harrison, Tom Watman, Art Siciliano, Marty Davis, Ted Parkins, Steve Forster, and E. F. Brown.
Meeting came to order at 6:10 p.m.
Bruce Mayberry, Planning Consultant for the town of Henniker reported on the progress of the School Impact Fee Study. He highlighted the following topics:
§ Examine public school enrollment trends and projections
§ Determine proportionate enrollment impact per dwelling unit
q Estimated multipliers – Census state averages adjusted to Henniker
q Direct estimates using student count and property assessment data
§ Define facility standards for schools
§ Estimate capital cost per housing unit
§ Adjust for state building aid (formula for facilities changing after July 1, 2005)
§ Adjust for past/future debt service payments for existing capacity utilization
§ Finalize impact fee per dwelling unit by type of structure
§ Adopt basis of assessment and begin impact fee assessment
§ Administrative process determined by ordinance, RSA 674:21, V and case law
This method is a unit cost type of approach and measure. The final step will include a narrative that outlines what the fee is based on and the rationale based on real numbers. This will state the approach and the basis for the fee.
Geoffrey Hirsch asked about functional capacity. Bruce Mayberry explained there is an adjustment factor that takes into account that there are rooms that may be empty at times that are needed for other ancillary uses and to allow for programming changes that keeps programs flexible. He further explained that raw capacity would be a higher number.
Terry Stamps asked for clarification on figure 1. Bruce Mayberry explained this table was based on historical data. He further said that building does still have capacity for student population, however an impact fee could be used to recoup moneys previously spent for anticipated capacity. Development that happens between the building the facility and full capacity can be recouped in the form of an upfront impact fee rather than long range debt development. The application of this standard does not hold future development to a higher or lower standard than developers of the past. The narrative will further define this standard.
Jim McElroy said those moneys can be used for the purpose of impact fee. He said that he understood that the moneys could be used to develop school or to pay existing debt. Bruce Mayberry said you can retain the fees for a period of time but then the moneys need to be transferred to fund the improvement. The improvement could be to pay debt.
Angela Martin asked about John Stark Regional and does Weare collect impact fees to repay the debt as well. It was outlined that the moneys Henniker collects would directly apply to the bond Henniker holds for the enrollment proportion of students from Henniker only.
Terry Stamps asked about time frame for Road Impact Fee update. It was determined that the next scheduled meeting would be the final School Impact Fee methodology and preliminary Road Impact Fee methodology.
PUBLIC HEARINGS
7:00 p.m.
1) A Petition Warrant article as submitted to the Planning Board to amend the Zoning Ordinance to establish a Historic District Overlay District to reaffirm the Historic District that was established by Town Meeting votes in 1975 and 1976.
Ging Blanchard opened the presentation. She introduced the members of the Historic District Commission; Martha Taylor, Barbara French, Peter Gilbert, Arthur Kendrick, and Brenda Connor. Ging Blanchard reviewed the work that went into the document and outlined the role Laura Scott had in the creation of the proposed Zoning Ordinance for a Historic District. Ging Blanchard asked Laura Scott to review the technical scope of the proposed Historic District Zoning Ordinance.
Laura Scott reviewed what a Historic District is and what it is not. This is an overlay district, which is an additional set of regulations, rules, and zoning. The overlay sits upon the existing Zoning and the existing Zoning Ordinances still need to be adhered to. The overlay is in addition to and does not create deviations from the current Zoning. The purpose of this Article is to determine the uses, criteria of review, and the process for public hearing modeled after the current Zoning Ordinances.
Ging Blanchard then introduced Peter Gilbert to share some history with the Board.
Peter Gilbert reviewed the history of the building. He provided information about ownership and uses of the building from 1787 until present. He concluded by summarizing the intent was preserve the essence of the building and protect the heritage of Henniker as it is represented in structure of historical and architectural value. Additionally to preserve a district within the town of Henniker that reflects the elements of its cultural, social and political history. This Ordinance should have been created 30 years ago when the Historic District Area was initially established and approved by the Town in 1975.
Kristin Claire asked if thought has been given to expanding the district. Ging Blanchard said yes but not at this time.
Ging Blanchard described and used the map to determine the Historic District location and boundaries. She highlighted that the ball field predates the District.
Cordell Johnston asked about ballot language. A copy of ballot language was presented from the file for the Board Members for review.
Geoffrey Hirsch asked about 25 signatures and Cordell Johnston confirmed they had been certified.
The Planning Board could chose to support or not support the proposed Zoning Ordinance and that was the scope of their role. This hearing will be continued until December 22, 2004.
Ging Blanchard then went through the proposed document section by section to review all pieces. The sections outlined were:
§ Authority
§ Purpose and Intent
§ District Areas
§ Uses
§ Certificate of Approval
§ Activities not requiring certificates of approval
§ Guidelines for review
§ Application procedure
§ Public Hearings
§ Issuance of Certificate of Approval or Notice of Disapproval
§ Appeals
§ Enforcement / Penalties
§ Validity / Severability
Ging Blanchard asked the Board to raise their questions as she went through the proposed Historic District Zoning Ordinance.
Jim McElroy asked The Commission if there was any reason this document could not apply to other larger areas in Henniker of Historic value. Ging Blanchard said the Commission felt this document was rigid and not appropriate for other areas. However she also said the Commission used verbiage to allow the document to be amended in the future.
Geoffrey Hirsch asked if a new map would be created, that was to scale. Laura Scott responded and said that had been attempted, however, because tax maps cover such vast areas, this would have resulted as a colored dot.
Geoffrey Hirsch had questions about the Historic District Commission. Particularly how the members join and what governs their operating structure. Ging Blanchard stated the members are residents of Henniker with a special interest in town heritage and history. Each member is appointed by the Board of Selectman to serve on the Commission. The Commission has by-laws and Rules of Procedure to guide them along in their meetings.
Cordell Johnston asked whether the manner of appointment was ever voted upon at Town Meeting. Ging Blanchard said she was not positive and that Peter Flynn was researching this question at this time. Cordell Johnston suggested a separate warrant article be drafted for this purpose if this has not been done in previous years.
Kristin Claire asked about repairs or changes to the interior of the building. There was a discussion about this and The Application to be on The National Registry is used as a guide. Peter Gilbert said the point is to maintain the character of the building and to respect the wishes of those individuals who worked to save the building in 1975. However if there are changes needed inside the building to create or maintain functionality that would certainly fall into the scope of preserving the building.
7:55 p.m. Public Comment Opened.
Marty Davis, Gene Brown, and Ted Parkins all voiced comments of support and approval for this proposed Historic District Zoning Ordinance.
8:00 p.m. Public Comment Closed.
Cordell Johnston shared concerns from the Selectman about the decision making power. The Board discussed this and talked about the checks and balances that were in place.
Scott Osgood said that he would support this proposed Historic District Zoning Ordinance and felt it was necessary for Henniker. Kristin Claire voiced her agreement as well.
MOTION made by Cordell Johnston to continue public hearing until December 22, 2004. Seconded by Kristin Claire and approved in favor of unanimously. Motion passes.
8:15 p.m.
2) Case 2004-20. A Major Subdivision application has been submitted by Spencer Bennett to create a 9-lot subdivision on Bennett Road, Route 114, and Elm Street, Map 1 Lot 540-X2, in the Commercial Recreation District. This is the final public hearing on the application.
Laura Scott said she received written response from the Henniker Highway Department noting no concerns. Although no written response has been received from the Conservation Commission, Martha Sunderlund did advise Laura Scott the Commission had no concerns at this time.
Laura Scott said there were 2 missing items. State sub-division approvals and right-of-way easement language.
The original lot (Map 1 Lot 540-X2) totals 18.71 acres. The applicant is proposing to sub-divide the existing lot into 9 residential lots with on-site septic systems and wells. This proposed sub-division would happen in 2 different phases. The phase 1 proposed lots are Map 1 Lot 540-x2 (2.23 acres), Map 1 Lot 540-X2A (2.01 acres), Map 1 Lot 540-X2B (2.02 acres), Map 1 Lot 540 –X2G (2.05 acres), and Map 1 Lot 540-X2H (2.38 acres). The phase 2 proposed lots are Map 1 Lot 540-x2C (2.07 acres), Map 1 Lot 540-X2D (2.06 acres), Map 1 Lot 540-X2E (2.05 acres), and Map 1 Lot 540-X2F (2.02 acres).
The proposed 9-lot sub-division would provide a right-of-way easement to the Town of Henniker. This easement is 3 feet wide and parallel to the frontage of each of these 9 proposed lots. The right-of-way easement is for roadway purposes such as, construction, repair and replacement of gravel, pavement, curbing, trees, grass, and other associated roadway items.
There are no wetlands on this existing parcel of land Map 1 Lot 540-X2; therefore none are delineated on this proposed sub-division plan.
Scott Osgood said the site walk is consistent with map presentated.
Scott Osgood asked about clearing of the land. Spencer Bennett said best timber management practices are being used.
Public Hearing opened 8:30 p.m.
No Public Comment
Public Hearing closed 8:30 p.m.
Spencer reviewed the surrounding roads and their conditions.
Jim McElroy asked about location of fire hydrant. Spencer showed with the aid of the map the location and process followed.
Geoffrey asked about the covenant. Spencer Bennett said his vision was the homes would be capes or 2 story colonials.
MOTION made by Gail Abramowicz to approve the Major Subdivision application with the following conditions obtaining state subdivision approvals, right-of-way easement language recorded at registry of deeds and to amend Lot 540-x2E on plan to reflect 89,295 square feet. Seconded by Jim McElroy and approved in favor of unanimously. Motion passes.
3) A Major Subdivision application has been submitted by Spencer Bennett, on behalf of Stephen E. Bennett, Jan Bennett, Christina Bennett, Judith Northup-Bennett, Ross Bennett, Stephen Marek Bennett, Judy Bennett-Brown, Dale Brown, Jeffrey Nesmith, and Stephanie Brown. The application is to create a 7-lot subdivision on Mt. Hunger Road, Map 1 Lot 723 in the Rural Residential District.
This hearing was postponed at the applicant’s request.
Other Business
9:00 p.m. Meeting Minutes
Meeting Minutes from December 1, 2004 were reviewed and edited.
MOTION made by Cordell Johnston to approve the December 1, 2004 meeting minutes as edited. Seconded by Kristin Claire and approved in favor of unanimously. Motion passes.
9:15 p.m. Town Meeting Work Session
Laura Scott reviewed the Notice of Public Hearing for the public hearing scheduled on December 22, 2004. Laura Scott will post an amended Notice of Public Hearing for the public hearing scheduled for December 22, 2004.
James McElroy discussed the process the Board follows when posting notices and the decision making that goes into those decisions. The Board discussed this at great length.
10:45 p.m. Correspondence
Thank you card received from Eliana Rosen, Judith Englander’s granddaughter.
Letter received from Cheshire Oil with remittance check for escrow account.
MOTION made by Gail Abramowicz to adjourn the meeting. Seconded by Geoffrey Hirsch and approved unanimously.
Meeting adjourned at 11:00 p.m.
Respectfully,
Susan Thompson
TOWN OF HENNIKER
Approved Minutes
December 1, 2004
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston (arrived 9:50 p.m.), Selectman Ex-Officio; James McElroy, Board Member; Gail Abramowicz, Board Member; Terry Stamps, Board Member; and Susan Thompson, Minute Taker.
Guests Present:
Alan Michie, Johanna Hauptman, and Leon Parker.
Meeting called to order by Chairman, Scott Osgood at 7:00 p.m.
7:00 p.m. Michie Corp.; Map 1 Lot 553B1 Site Plan Discussion
Michie Corp. is interested in applying for and receiving permission from the state of NH to obtain dealer plates for the construction vehicles they currently sell at their site. The Planning Board needs to determine if this proposal would be considered a “change of use” requiring Site Plan Approval.
Alan Michie shared their plan to create a new business named Craney View Sales. They are creating this new business entity to fulfill the state of New Hampshire legal requirement. As they presented more than 50% of their business must be dedicated to sales in order to obtain dealer plates. Alan Michie explained that at this location they currently sell construction vehicles and the only difference is obtaining dealer plates. The purpose of obtaining dealer plates is to allow potential buyers to test drive vehicles on public roadways. Alan Michie reiterated that he is not planning on doing anything differently than he currently does at this site.
The Board reviewed the file and the building permit previously issued. The majority of the Board decided this was not a change in use that would require changes to the site or to the use of the site. This is a permitted use within the Commercial Recreational Zone in the Henniker Zoning Ordinance Article VIII Section 133-32. The Board further outlined that if there were signage added, canopy(s) or structure(s) added, or any other changes to the site or to the use of the site then Site Plan Review and Approval would be required.
PUBLIC HEARINGS
7:30 p.m.
The proposed “Town of Henniker, New Hampshire Chapter 202 Land Subdivision Regulations."
The Board reviewed the draft Land Subdivision Regulations dated December 1, 2004. The Board made both substantive and editorial changes. The changes pertained to formatting, lot configurations, and RSA citing.
The Board proposes that the second public hearing for the proposed “Town of Henniker, New Hampshire Chapter 202 Land Subdivision Regulations" be scheduled for December 22, 2004.
Other Business
8:30 p.m. Town Meeting Items
Zoning Board of Adjustment
Leon Parker reviewed the changes proposed by the Zoning Board of Adjustment to the Zoning Ordinance Article XV of the Zoning Ordinances. The changes were editorial and substantive. The substantive changes pertain to the Special Exceptions requirements. The Board determined they would like to include the proposed ZBA changes to their list of items to take to Town Meeting.
Planning Board Town Meeting Items Discussion
The Board reviewed and amended the list of items for Town Meeting. The Board removed item 18 and added ZBA changes. After discussion of the proposed changes of item 16 the Board amended this item to reflect a change of 20 acres in the Rural Residential Zone. Gail Abramowicz did not support the RN changes.
The Board decided to move forward and post notice of a public hearing on December 8, 2004.
New Business
9:40 p.m. Correspondence
The Board discussed the findings of Town Counsel regarding the Historic District Overlay.
9:50 p.m. Cordell Johnston arrived to the meeting.
he Board discussed the timeline for a public hearing. Any applications accepted as complete after that posting must adhere to the proposed changes.
MINUTES
1 0:15 p.m. Meeting Minutes from November 23, 2004 were reviewed and edited.
MOTION made by Cordell Johnston to approve the November 23, 2004 meeting minutes as edited. Seconded by Kristin Claire and approved in favor of unanimously.
MOTION made by Jim McElroy to adjourn the meeting. Seconded by Terry Stamps and approved unanimously.
Meeting adjourned at 10:30 p.m.
Respectfully,
Susan Thompson
TOWN OF HENNIKER
PLANNING BOARD
Approved Minutes
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman, Cordell Johnston, Selectman Ex-Officio; Geoffrey Hirsch, Jim McElroy and Terry Stamps.
Alternate member: Angela Martin.
Minute Taker for this meeting: Gail Abramowicz (non-voting member)
Guest Present:
Peter Holden, Martha Taylor, Ron Taylor and Brian Dubreuil.
Meeting called to order by Chairman Scott Osgood at 6:00 p.m.
The early start to this meeting was a scheduled work session to discuss lot size dimensional requirements. Members reviewed information gathered from surrounding towns and compared them to our current regulations. It was suggested to propose several warrant articles to amend the required lot size in the Residential Neighborhood (RN) zone and the Rural Residential (RR) zone, with an increase in road frontage. The proposed changes are as follows:
RN zone- To amend required lot size from the 2-acre minimum to 5-acres, with an adjusted road frontage from 125 feet to 225 feet.
RR zone- To amend required lot size from the 5-acre minimum to 20-acres, with an adjusted road frontage from 125 feet - 400 feet.
Class V Non-conforming road- To amend required lot size of 10-acre minimum to 20 acres.
To amend Article X 133-40 C & D of the Henniker Zoning Regulations, to reflect the above changes.
The Board had been working on a formula to address the lot width to depth ratio, and concluded these proposed changes would address, to some extent, past concerns of bowling alley and irregular shaped lots. These changes are being proposed as they are another step towards reaching the goal of maintaining the rural character of Henniker as outlined in the Master Plan.
A formal proposal will be drafted and posted.
7:00 p.m.
The Board reviewed a request for an extension on a decision for Case 2002-04; Site Plan Review to add 66 self-storage units on the property at 10 Old Concord Road, lot 305-B in the CH district. The property is owned by Ron and Martha Taylor. The current decision is due to expire on February 27, 2005.
Ron Taylor spoke to his request. He stated he is making this request now because he may not be adding more storage units by February, as current demand for storage space is down due to the economy and local competition.
MOTION made by Cordell Johnston, as per Article 203-40, to extend Site Plan Case 2002-04 to November 23, 2007. Seconded by Kristin Claire. The vote was unanimous in favor of the motion.
Draft minutes from the November 20, 2004 site walk of the proposed Ray Road subdivision were reviewed and approved with minor edits.
7:10 p.m. Public Hearing
Case 2004-14. This is the final public hearing for the application on a major subdivision, submitted by Don Hook on behalf of himself, Rebecca Carlile and Carolyn Smith. The application is to create a 4-lot subdivision on Ray Road, Map 1 Lot l19-M, in the RR and RN districts.
Peter Holden, of Holden Engineering, spoke on behalf of the applicants. He indicated on the revised map, dated 11/09/04,where the proposed driveways and houses are. He stated a wetland permit would be required for lots 119-M2 and M3, and an easement for Ray Road will be documented and added to the file.
There was discussion for a shared driveway for lots M2 and M3, with the wetland crossing on the M2 site because it is narrower than the one on the M3 site.
Terry Stamps read reviews submitted by the fire chief, police chief, and the road agent. The Conservation Commission did not file a written review yet, but CC member Kristin Claire stated their main concern was the wetland crossing of the proposed driveways on sites M2 and M3. If the Board decided to approve application, the CC supports a shared driveway of the two lots.
The Board briefly discussed the fire chief's concern of available water source in the proposed development. It was concluded the proposed subdivision was not large enough to require this applicant to install a dry hydrant or cistern, leaving the builder to install a sprinkler system in the homes, as that was the third option in the chief's review.
The Board briefly discussed the lot configuration and the southern area of the property which abuts Chelsea Court.
MOTION made by Kristin Clair to approve the subdivision with the following conditions:
1) Submit Right-of-Way easement document for Ray Road.
2) That a shared driveway be created for lots 119-M2 and M3, and to cross the wetland at lot 119-M2 as shown on the revised plan dated November 9, 2004.
3) That a copy of the wetland permit be submitted to the file.
4) Indicate on the map, in the abutter listing, the owner of lot 119-OH, and correct the locus map to read 119-OH.
The motion was seconded by Geoffrey Hirsch and approved unanimously.
8:15 p.m.
Draft minutes of November 10, 2004 were reviewed and approved with edits.
8:30 p.m.
Members reviewed the 2005 meeting schedule. In keeping with the 2004 outline, every third meeting will be a work session, with no applications being reviewed at these meetings. This schedule will begin February 2005, as the January schedule includes required hearings for warrant articles.
8:45 p.m.
Scott Osgood reported on the planning board budget review with the Selectmen at their November 16 meeting.
Jim McElroy gave an update on the CIP meeting from their November 18 meeting. A final report will be reviewed at the December 2 meeting before it is reviewed by the Board of Selectmen.
8:55 p.m.
The Board continued with the scheduled town meeting work session, discussing the issue of sign dimensional requirements for the Educational District zone (ED). This topic will be revisited at a later date when the Board works on an overlay for this district.
It was suggested, in reference to conventional development as stated in the Henniker Zoning Book, page 23, that paragraph D be deleted. Kristin Clair will speak with the planning consultant about the term, conventional development.
Also discussed were the items to amend that would simplify the zoning ordinances. A public hearing will be posted for review of these items.
The Board briefly discussed Article 133-27, permitted uses for manufactured houses.
Geoffrey Hirsch excused himself from the meeting at 9:10 p.m.
Scott Osgood will update the planning consultant, Laura Scott, with the list of items the Board would like to move on for the March 2005 town meeting.
Motion to adjourn the meeting was made at 9:25 p.m.
Next meeting is scheduled for December 1, 2004. See posted agenda at Town Hall, the Post Office or the Library for starting time.
Respectfully submitted,
Gail Abramowicz
TOWN OF HENNIKER
Approved Minutes
November 10, 2004
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston, Board Member; Geoffrey Hirsch, Board Member; James McElroy, Board Member; Terry Stamps, Alternate; Don Armstrong, Alternate; Angela Martin, Alternate; Laura Scott, Town Planner; and Susan Thompson, Minute Taker.
Guests Present:
Spencer Bennett, Seth Cate, Arthur Siciliano, and Linda McGuire.
Meeting called to order by Chairman, Scott Osgood at 6:10 p.m.
6:10 p.m. Review Sub-Division Regulations
The Board reviewed the draft copy of the proposed Sub-Division Regulations. The Board discussed both editorial and conceptual changes and amended as necessary. The amended draft copy of the proposed Sub-Division Regulations will be reviewed by the Board on November 23, 2004 work session.
8:00 p.m. Cordell Johnston left the meeting .
PUBLIC HEARINGS
8:20 p.m.
Case 2004-19. A Minor Subdivision application has been submitted by Spencer Bennett, on behalf of Stephen E. Bennett and Judy Brown. The application is to create a 3-lot subdivision on Route 114 and Elm Street, Map1 Lot 540-X4, in the Commercial Recreation District. If this application is accepted as complete, the public hearing on the application will commence at this meeting.
Scott Osgood read the description of Case 2004-19.
Laura Scott said she reviewed the application and noted there are two outstanding items. The Patenuade abutter’s lot number is incorrect. Easement language is still needed for the right-of-way easement.
Art Siciliano, Land Surveyor reviewed the application. He pointed out the existing structure, driveway, and well radius on the plans.
The original lot (Map 1 Lot 540-X4) totals 7.62 acres. The applicant is proposing to sub-divide the existing lot into 3 residential lots with on-site septic systems and wells. The proposed lots are Map 1 Lot 540-x4 (2.23 acres), Map 1 Lot 540-X4A (2.09 acres), and Map 1 Lot 540-X4B (3.3 acres).
The proposed 3-lot sub-division would provide a right-of-way easement to the Town of Henniker. This easement is 5 feet wide and parallel to the frontage of each of these 3 proposed lots. The right-of-way easement is for roadway purposes such as, construction, repair and replacement of gravel, pavement, curbing, trees, grass, and other associated roadway items.
There are no wetlands on this existing parcel of land Map 1 Lot 540-X4; therefore none are delineated on this proposed sub-division plan.
Kristin Claire asked where on the property the about 100-year flood zones. It was determined that the buildable area is not part of the 100-year flood zone. Art Siciliano stated that none of the flood plan is in the buildable area.
Scott Osgood asked about the soil test pits. Laura Scott provided the file for Scott Osgood to review those results. Art Siciliano stated the notation on the test pit date was incorrect and ledge was encountered.
Terry Stamps asked if the septic and well were correctly placed on proposed lot 540 X-4B. Art Siciliano said the well could be moved.
Discussion was held as to the configuration of Lot 540-X4A, Art Siciliano noted this was required to maintain the set backs to the existing well and to maintain the minimum acreage requirements.
James McElroy summarized the missing items are moving the well on proposed lot 540-X4B, right-of-way easement language, 100 year flood zone (420 feet elevations) to be noted on the plans, and state sub-division approvals.
MOTION made by Geoffrey Hirsch to accept the application as complete subject to updating the plan with the 420 foot elevations, moving the well on proposed lot 540-X4B, right-of-way easement language, and state sub-division approvals. Seconded by James McElroy and approved unanimously.
No public comment.
MOTION made by Scott Osgood Armstrong to approve this application. Seconded by Gail Abramowicz and approved unanimously.
9:00 p.m.
Case 2004-20. A Major Subdivision application has been submitted by Spencer Bennett to create a 9-lot subdivision on Bennett Road, Route 114, and Elm Street, Map 1 Lot 540-X2, in the Commercial Recreation District. The purpose of this hearing is to determine the application’s completeness.
Laura Scott said she reviewed the application outstanding items are state sub-division approval, right-of-way easement language, test pit data, and minor edits on plan.
A site walk needs to be scheduled.
The applicant is requesting a waiver that will allow preliminary and final hearings to be combined.
Laura Scott said she did send a memo on October 28, 2004 to the Fire Department, Police Department, Highway Department, and the Conservation Commission asking for any concerns or questions to be submitted by November 10, 2004 at 12:00 p.m. as the hearing was scheduled for 8:00 p.m.
At this time only the Fire Department has responded in writing. Laura Scott read the memo. The Fire Department’s concern was there is not an adequate water source in that area. The Fire Department made suggestions such as a cistern, residential sprinkler system, dry hydrant, or fire hydrant.
Art Siciliano reviewed the application.
The original lot (Map 1 Lot 540-X2) totals 18.71 acres. The applicant is proposing to sub-divide the existing lot into 9 residential lots with on-site septic systems and wells. This proposed sub-division would happen in 2 different phases. The phase 1 proposed lots are Map 1 Lot 540-x2 (2.23 acres), Map 1 Lot 540-X2A (2.01 acres), Map 1 Lot 540-X2B (2.02 acres), Map 1 Lot 540 –X2G (2.05 acres), and Map 1 Lot 540-X2H (2.38 acres). The phase 2 proposed lots are Map 1 Lot 540-x2C (2.07 acres), Map 1 Lot 540-X2D (2.06 acres), Map 1 Lot 540-X2E (2.05 acres), and Map 1 Lot 540-X2F (2.02 acres).
The proposed 9-lot sub-division would provide a right-of-way easement on Bennett Road and Elm Street to the Town of Henniker. This easement is 3 feet wide and parallel to the frontage of each of these 9 proposed lots. The right-of-way easement is for roadway purposes such as, construction, repair and replacement of gravel, pavement, curbing, trees, grass, and other associated roadway items.
There are no wetlands on this existing parcel of land Map 1 Lot 540-X2; therefore none are delineated on this proposed sub-division plan.
MOTION made by Geoffrey Hirsch to accept the application as complete subject to state sub-division approval, right-of-way easement language, test pit data revised, and minor edits on plan. Seconded by James McElroy and approved unanimously.
Geoffrey Hirsch said he was not in favor of combining the preliminary and final hearing processes for several reasons. The other departments have not responded at this time, the Planning Board schedule is very full and he was concerned about rushing the application. Additionally Geoffrey has concerns with some of the lots.
Gail Abramowicz spoke in favor of combining the preliminary and final hearing processes. Gail Abramowicz said that the preliminary and final hearing processes was a duplicate effort and redundant process.
The Board discussed that a continuation of a public hearing was an available option that would solve Geoffrey Hirsch’s concerns.
Geoffrey Hirsch retracted his statement of concern.
MOTION made by Jim McElroy to grant the waiver of the preliminary application process and proceed to final application process. Seconded by Gail Abramowicz and approved unanimously.
Site walk was scheduled for Saturday, December 4, 2004 at 9:00 am. The Planing Board members and the applicant will meet at the corner of Bennett Road and Elm Street.
9:20 p.m.
November – January Meeting Schedule
The Planning Board outlined the following schedule:
November 16th
6:30pm BOS Budget Review
November 20th
9am Site Walk – Ray Road
November 23rd
6-7pm Frontage and Length to Width Ratios
7pm Public Hearing
Minutes, Town Meeting Suggestions
December 1st
6-7pm Zoning and Town Meeting Items
7pm Subdivision Regulation Public Hearing
Minutes and etc.
December 4th
9am Site Walk – 2004-19 Elm Street and Bennett Road
December 8th
7pm 1st Public Hearing for Town Meeting Items
Other Public Hearing,
Historic Commission Petition Warrant Article
Minutes and etc.
December 22nd
7pm Public Hearing Town Meeting items
January 12th
7pm Public Hearing Town Meeting items
January 26th
7pm 2nd Public Hearing for Town Meeting Items
10:15 p.m. Nominate new Secretary
The Board discussed the vacant Planning Board Member position.
MOTION made b