Town of Holderness, NH - Planning Board Minutes 05/15/08

OTHERS PRESENT: Mr. Randall, Mr. Kevin French, Mr. Alex Ray, Mr. David Lorch (town planner, compliance and health officer), Mrs. Anne Abear (municipal secretary) and another member of the community.

Amendment: Page 5 – Other Business – Item #2 will read: Chairman Hansen moved to appoint Selectman Suzanne Peoples to nominate officers for the Planning Board for the 2008 year. Vote was unanimous. Motion passed. Mrs. Peoples was unavailable to attend this meeting, but is expected at the May, 2008 meeting.

Mr. Kevin French as agent for Mr. Smith presented a subdivision application for map 210 lot 008. The parcel is 93 acres and will be subdivided into 2 parcels. One parcel will be 25 acres and the other will be 68 acres. The new parcel will have 250 ft of frontage and the driveway location has been approved by the State.

Mrs. John Gruz abutter to the parcel, questioned what the 25 acre parcel will be used for and if development is planned. Mr. French advised he is unaware of any plans for development the property at this time.

Mr. Horton advised the application being presented is to place a wind tower on his property at map 222 lot 018. The application was amended to request a tower of 100 feet and to change the proximity of the tower to the abutting property of Alex Ray. Mr. Lorch presented an email from Mr. Ray. Mr. Ray being present at the meeting endorsed the movement of the tower to within 90 feet of his property line.

Mr. Huntoon discussed the wind speed of the tower and questioned the 35 miles per hour limitation. Mr. Horton advised that any speed over 35 miles per hour could damage the equipment.

Mr. Elgin advised the Town did not have an ordinance that relates to wind towers at this time and advised one will be presenting at the next hearing. Mr. Elgin inquired about the 1 acre of land that was cleared for the placement of the tower. Mr. Horton advised the structure area would need 200’ of area. Mr. Horton advised no cutting has taken place on a slope as it was unnecessary.

Mr. Elgin advised every ordinance he has reviewed has an emphasis on esthetics and inquired if painting the blades black were appropriate as that color may stand out more. Mr. Horton advised the back ground scenery is the mountain and not the sky; therefore, black would be an color appropriate for the blades.

Mr. Snelling advised Mr. Horton is requesting a waiver of Article IV B of the Site Plan Review #7 – high intensity soil map showing soil types and slopes, section V requiring exhibits and data and section VI of the general standards items A, B, C, D, E, F, G H, I, and K. Mr. Snelling advised most of elements B, D, K and O within section V that are being asked to be waived are, in fact, relative to the application, have already been met, and should not be waived. Mr. Snelling further pointed out that the application is requesting to establish a home business on the site which will include a sign. Mr. Snelling advised Mr. Horton has applied for and received approval for an application for a special events permit from the Board of Selectmen to hold sales meetings on his property.

Mr. Horton discussed the home business proposal and advised storage of equipment being sold by his business would be minimal with an expected delivery of one time per month. The office for the company will be out of his home. Most of the work of the business will be done at the site of the buyer’s property.

Mr. Snelling moved and Mr. Huntoon supported to allow for the waiver of article IV B article #7 soil maps, article V excepting elements B, D, K and O, and article VI excepting element J as requested by Mr. Horton. Vote was unanimous. Motion passed.

Mrs. Scothorne moved to accept the site plan application for Mr. Horton’s windmill and home business as complete. Mr. Huntoon seconded this motion. Vote was unanimous. Motion passed.

Mr. Elgin moved to approve the placement of a 100 foot 10-kw wind tower on the property of Mr. Horton at map 222 lot 018 as presented. Mr. Huntoon seconded this motion. Vote was unanimous. Motion passed.

Mr. Huntoon moved and Ms. Scothorne seconded to allow the proposal of Mr. Horton to place a home business for the sale of wind towers at his home on map 222 lot 018. Vote was unanimous. Motion passed.

Mr. Snelling moved and Mrs. Peoples supported to declare Mr. Horton, having a vested interest in the wind turbine regulation, to have a conflict of interest and to request he recuse himself. Motion passed. Mr. Horton disagreed with members of the Board and advised he could sit on the Board during the discussion, but would not vote. After more discussion, Mr. Horton agreed to recuse himself.

Members of the audience indicated they were concerned with seeing a mass number of wind turbines from their home. Mr. Snelling advised that if they viewed 10 individual lots from their home, there was a potential that 10 different wind mills could be erected.

Mr. Snelling advised the standards that are being proposed at this hearing will become regulations under site plan review. The Board’s proposal will be to limit the tower height, depending on the size of the lot, create adequate setbacks to include guy wire area, set a noise standard, create an esthetic standard which will include no lights or reflective material, require utility notification, limit the power to 25 kw (for residential), set a standard for decommissioning and to require the applicant to follow all State and Federal laws pertaining to this type of equipment. Wind Energy Systems larger than 25kW would be dealt with separately.

Mr. Gruz felt that allowing too many of these towers on Holderness properties would be a detriment to the Town as they are unsightly. Mrs. Peoples advised that was a matter of opinion as she did not find them unsightly. Mr. Snelling advised the Holderness Master Plan discusses view shed protection and the obligation of the Planning Board to protection the view as a natural resource. Mr. Horton advised not every property would be adequate to support a wind energy system.

Mr. Ray advised the Board should consider the effects of having a tower on the Holderness’ ridgeline. Further, Mr. Ray advised towers need to be limited in height as most towers are built much higher than they need to be.

Mr. Ray recommended not allowing for any advertising on the tower. Mr. Snelling advised the Board needs to determine a way of preventing non-authorized personnel from climbing the tower.

The Board reviewed the proposed Holderness Residential Small Wind Turbine Regulation as it was presented and proposed a work session to be held on Thursday, May 29, 2008 at 7:00 p.m. to review the regulation as amended and to further discuss the ridgeline protection status.

OTHER BUSINESS 1. Mrs. Peoples discussed the positions of Chair and Vice Chair of the Planning Board. Mrs. Peoples advised Mr. Hansen is willing to continue to chair the Planning Board and Mr. Snelling is willing to continue to vice chair the Planning Board.

Mr. Snelling advised there is no authority to offer a leave of absence to a member of the Planning Board; therefore, Mr. Snelling moved and Mrs. Peoples seconded to declare the position of full membership of Angela Francesco vacant due to she being unavailable for an extended period of time. Vote was unanimous. Motion passed.

Mr. Snelling moved and Mrs. Peoples supported to offer the full voting member status to one of the alternates that are currently on the Board. Vote was unanimous. Motion passed. Mr. Snelling will discuss this with both alternate members to determine if they are interested in becoming full voting members.

Mr. Elgin moved and Mr. Huntoon seconded to appoint Earl Hansen as Chairman of the Planning Board, Mr. Snelling as Vice Chairman and David Horton as secretary. Vote was unanimous. Motion passed.

2. Mr. Lorch presented a new zoning and steep slopes overlay map for the Board to review. Mr. Lorch advised additional work still needs to be done near Route 175A to determine the boundaries.

ADJOURNMENT At 9:20 p.m., there being no further business to come before the Board, it was moved by Mr. Snelling and seconded by Mr. Elgin that the meeting be adjourned. Vote was unanimous.