Town of Holderness, NH - Planning Board Minutes 01/10/08

MEMBERS PRESENT: Mr. Currier, Mr. Elgin, Mr. Snelling, Ms. Francesco, Ms. Scothorne, Mr. Horton, Mr. Hansen, Mr. Huntoon, and Mrs. Peoples.

OTHERS PRESENT: Mr. David Lorch (town planner, compliance and health officer), Mr. Frank Yerkes, Mr. Mike O'Donnell, Mr. Chris Devine, Mr. Bruce Whitmore, Ms. Erica Anderson and Mrs. Anne Abear (municipal secretary).

Chairman Hansen explained the State has changed the regulations regarding the Shore Land Protection Act and this amendment to the zoning ordinance removes the current ordinance under section IV and replaces it with a section that the Town will follow the Shore Land Protection Act according to the State statute of RSA 483-B.

Mr. Snelling advised once the final regulation under RSA 483-B are determined, the Planning Board may consider revising this zoning article next year as some of the State regulations may become less stringent than what the Town currently has.

Mr. Hansen advised this change will remove the allowance of 2 dwellings to be placed on one lot without the property owner subdividing the parcel. Mr. Snelling inquired if another article in the ordinance makes it clear that only one dwelling is allowed on a lot. Ms. Francesco advised article III, 6, 2 allows for only one dwelling unit to be erected on a lot.

Mr. Hansen advised even though this is a new section under this article, the items within the section were already within the ordinance. This proposal is to place the items under one section of the ordinance. Mr. Snelling requested a reconsideration of the proposed changes made under article IV section B advising that the proposal was to remove items 3 & 4. After further discussion, the Board recommended rewriting article IV section B 3 & 4 by adding the paragraphs back into the ordinance and removing the words "on slopes that exceeds 15% grade or" to comply with this discussion.

Mr. Yerkes requested clarification on this new section of the ordinance that discusses "clearing for a view". Mr. Snelling advised that the top of the trees must be the same elevation as the foundation. Mr. Yerkes advised he did not understand that during his reading of the ordinance. Mr. Snelling presented a drawing for Mr. Yerkes in which clarified this section for Mr. Yerkes. Mr. Yerkes recommended this drawing become part of the ordinance and a reference be given within the ordinance on this article to see the drawing as an addendum for clarification.

1. Scenario #1: Harvesting property with a 15-25% slope - Mr. Snelling advised that this scenario would not fall under the steep slope ordinance.

2. Scenario #2: Agricultural property that has gone to a wood lot and the property owner would like to turn the property back into a "hay" lot. The parcel is still considered an agricultural parcel. This parcel would have an 18% slope - Chairman Hansen advised the property owner would not have to comply with this part of the ordinance.

This amendment adds two items to article V section B. The first allows the building permit to state a certificate of compliance may be required prior to a building being occupied or used. The second change gives the Board of Selectmen the authorization to request certificates or statements from various practitioners involved in the construction of the building or structure to determine that the work complies with all relevant zoning requirements prior to issuing a certificate of compliance.

Chairman Hansen advised that this proposed change will allow for the addition of the definitions for Erosion, Natural Ground Cover, Sedimentation, Site Disturbance, Useable Lot Area, and Vegetative Cover. Further, this change will allow for the rewrite of the definitions of Slope, Steep Slope and Wetland.

With no further comments or questions regarding the proposed 2008 zoning ordinance amendments, Chairman. Hansen closed the public hearing at 7:25 p.m.

Chairman Hansen moved to submit the proposed changes from this public hearing to the next public hearing scheduled for Thursday, January 17, 2008 at 7:00 p.m. Mrs. Scothorne supported this motion and the vote was unanimous. Motion passed.

Mr. Yerkes inquired for an explanation of the wetlands inventory (article III, section K) as there are still several wetlands that may not be on the inventory. Chairman Hansen explained that this section pertains to lots in which an application for a building permit has been requested and it contains wetlands and the notice to the applicant that the application would need to be reviewed by the Conservation Commission.

Mr. Yerkes expressed concern with article V section C of the zoning ordinance which indicates two or more contiguous lots that are not occupied by dwellings and do not meet current lot area or frontage requirements shall be combined to create one or more lot which do conform or more closely conform to current lot area and frontage requirements, further provided that they are in common ownership. Mr. Yerkes presented a legal opinion in which the Town of Gilford received indicating that this action is not legal.

ADJOURNMENT At 7:35 p.m., there being no further business to come before the Board, it was moved by Chairman Hansen, seconded by Mr. Huntoon that the meeting be adjourned. Vote was unanimous.