PRESENT – Greg Tillman, Mike Morasco, Tom Dwyer, Steve Colby; Planner Clay Mitchell; Planning Board Secretary Phyllis McDonough.
CALL TO ORDER – Chairman Tillman called the meeting to order at 6:05 p.m.
DISCUSSION: Weekend brunch hours
Owner/Developer: David & Maureen Kennedy (Holy Grail).
Location:
Maureen Kennedy came before the Board to request extending hours at the Holy Grail. Maureen Kennedy asked about extending the hours on certain evenings such as holidays for an extra hour and on weekends to be able to open at 9:00 am for brunches and to have the same hours to be open as the weekends for holidays.
Maureen explained their hours of operation at this time are Tuesday, Wednesday, Sunday 11:30am to 11:00pm, with Thursday, Friday and Saturday open until midnight.
Chairman Tillman stated he did not see a problem with the request and noted he felt this calls for a public hearing.
Mitchell explained he received a site plan from an abutter to the Holy Grail, and advised that the Kennedy’s reconsider the access with the abutter which would give the Holy Grail extra parking. Mitchell explained the proposed abutting business would be open during the day whereas the parking for the Holy Grail could be used during the evening. Mitchell informed Maureen that this abutter expressed he didn’t feel the Kennedy’s were in favor this idea. Maureen Kennedy explained she thought it was a good idea and felt it could have just been miscommunication. She informed the Board she would discuss this with Mr. Kennedy and they would get together with the abutter to discuss this issue.
DISCUSSION ZONING AMENDMENTS – Zoning amendments were discussed. A public hearing will be held on January 20, 2009 (attachment).
MINUTES OF OCTOBER 23, 2008 FOR APPROVAL – Morasco moved, Dwyer seconded the motion to approve the minutes as amended. The motion carried unanimously.
MINUTES OF NOVEMBER 13, 2008 FOR APPROVAL – Morasco moved, Colby seconded the motion to approve the minutes as amended. The motion carried 3 – to – 1 with Dwyer abstaining.
MINUTES OF DECEMBER 17, 2008 FOR APPROVAL – The minutes of December 17, 2008 will be reviewed at the January 20th meeting.
GATCHELL BILL FOR CORE2 WORK FOR APPROVAL - $6,700.00 – Dwyer moved, Colby seconded the motion to approve the payment of $6,700. The motion carried unanimously.
CORE 2 DETAIL (OFFICER RICHARD NEWMAN) FOR APPROVAL - $137.50 – Dwyer moved, Colby seconded the motion to approve the payment of $137.50. The motion carried unanimously.
CORE2 KAZ’S FINE
LINES BILL FOR APPROVAL - $690.00 – Dwyer moved, Colby seconded the
motion to approve the payment of $690.00.
The motion carried unanimously.
COMMENTS BY THE BOARD – Chairman Tillman expressed his opinion on a decision made by the Board of Selectmen to put a warrant on the Town ballot for the people to vote for a “forensic audit” to be done concerning the Core2 project. He stated, although he has no problem with the account being audited, he felt the Planning Board has done their best to do a project they felt would benefit the whole Town. He stated that the Selectmen should take a longer view to work with other Boards to get things done, to look out for the Town’s reputation, and to look out for the best interest of the Town. Chairman Tillman stated with this he is disappointed in the Selectmen’s approach to this project.
Dwyer stated he did not see the discussion from the Board of
Selectmen’s meeting and asked for further explanation. Chairman Tillman explained he was not sure of
the figure for the “forensic audit” but thought it was approximately $10,000 to
$20,000. Dwyer stated that there is
still work to be done on this project, such as the top coat in the parking lot,
and the granite curbing on
Morasco asked Mitchell about the binder he put together for the Selectmen. Mitchell explained it is a 320 page document. Morasco asked if this document is black and white and asked if anyone wanted to sit and read the document that everything is spelled out. Mitchell stated that is correct. Mitchell explained the Board authorized expenses not to exceed an amount, and stated there were a couple of things not approved in advance that the Board went back and looked at. Morasco asked Mitchell if there is a penny not accounted for. Mitchell answered “no.” Morasco asked if the Selectmen each have a copy of the report. Mitchell answered “yes.”
Chairman Tillman noted, “No good deed goes unpunished.”
ADJOURNMENT – The meeting adjourned at 7:20 P.M.
Respectfully Submitted,
Phyllis McDonough
Planning Board Secretary
f:\data\planning\planbd.min.
pbmin010809pbmin.doc pg.1-3
attachment
AMENDMENT 1:
This proposed amendment will
recognize the difference between the sales of small recreational vehicles and
standard automotive dealerships. Recreational vehicle sales will be defined as
those sales activities that are exclusively indoor uses and permitted in new
districts in town. Changes will be made to Article II, VI, and XII to
effectuate this change. Automotive dealerships and Recreational Vehicle Sales
Establishments with large outdoor displays will be limited to other districts
as already provided in the ordinance.
Article XII
RECREATIONAL VEHICLE
SALES ESTABLISHMENT: a retail
vehicle (including but and limited to boats, snow mobiles, motorcycles, off
highway recreational vehicles (OHRV), campers, and camper trailers)
dealership that is primarily exclusively housed in a structure
and characterized by a mixture of secondary supporting uses; however, the
principal use of the site shall be the marketing and display of new vehicles,
whether by sale, rental, lease or other commercial or financial means. Primary
and Secondary supporting uses may include an inventory of used vehicles for
sale or lease on-site and on-site facilities for the repair and service of
vehicles previously sold, rented, or leased by the dealership as defined under
"Service Station" and shall be carried out on the site within the
structure, no outdoor storage, display or other activity shall be permitted
under this definition without specific site plan approval for limited areas and
activities. No abandoned vehicles shall be stored on the premises. Recreational
vehicle sales establishments with outdoor storage and/or activities shall be
considered “Auto Dealerships” as defined in this ordinance.
Article II
4. CENTRAL BUSINESS ZONE
(...)
4.3. PERMITTED USES:
(...)
17. Recreational Vehicle
Sales Establishment.
Article VI
(...)
2.
Auto Dealerships and Recreational Vehicle Sales Establishments.
(...)
(1) No new facility of either type shall be located
within 2,000 feet of an existing facility of either type.
AMENDMENT 2:
This change will remove the
requirement that single family detached dwellings have garages in open space
developments. Townhouses and multifamily units will still require garages.
Article XV
(...)
15.14 General Requirements
15.14.1 Uses – Only
residential uses shall be permitted in Open Space Developments.
a) Single-family detached homes
are permitted.
b) Townhouse units shall be
permitted up to a unit count of 4 per building or structure. These are units
must structurally joined and share walls with no yard between units. The walls
shall meet all code requirements for firewalls. (Amended Town Meeting 2008).
c) Manufactured housing units
as defined in RSA 674:31 are not permitted.
(...)
15.14.6 Parking –
Off-street parking shall be provided for two (2) cars per unit.
AMENDMENT 3:
This change will permit
multi-family housing in the Industrial-Commercial district where appropriate in
accordance with a Conditional Use Permit. The purpose of this amendment is to
provide an opportunity to develop new housing as a secondary use to
Commercial/Industrial uses in areas where conflicts can be minimized as part of
a master planned facility where water and sewer are present or planned for
development.
Article III
SCHEDULE II
ZONING SCHEDULE OF USES FOR THE
INDUSTRIAL/COMMERCIAL ZONE.
INDUSTRIAL:
PERMITTED PRINCIPAL USES:
(...)
PERMITTED ACCESSORY USES:
(...)
5. Multi-family Housing as a
part of a Flexible Use Development by Conditional Use Permit and in accordance
with the requirements of Article VI.
COMMERCIAL:
PERMITTED USES:
(...)
PERMITTED ACCESSORY USES:
1. Customary Accessory Uses
Incidental to a Permitted Use.
2. Expansion of a non-conforming
lot.
3. Multi-family Housing as a
part of a Flexible Use Development by Conditional Use Permit and in accordance
with the requirements of Article VI.
3.9 FLEXIBLE USE
DEVELOPMENT (Adopted 3/10/98)
Pursuant
to RSA 674:21, the planning board is hereby authorized to grant a Conditional
Use Permit to allow for a flexible use development in accordance with the
restrictions and requirements of this section. A flexible use development may
not permit the establishment of a use specifically prohibited by this section.
A.
Purpose - This section is to provide a flexible method to permit commercial
uses that are consistent with the intent of the underlying zoning district that
are not specifically enumerated in the permitted use section. All developments
seeking a conditional use permit shall be administered by the Planning Board to
insure that flexible use development opportunities do not adversely impact
neighboring properties, the citizens of Epping, or other business
opportunities.
1.
Conditional Use Permits. All Flexible Use Developments shall obtain a
conditional use permit from the Planning Board. The conditional use permit
shall clearly set forth all conditions of approval and shall clearly list all
plans, drawings and other submittals that are part of the approved use.
Everything shown or otherwise indicated on a plan or
submittal that is listed on the conditional use permit
shall be considered to be a condition of approval.
2.
Application Procedure. Applications for conditional use permits for a flexible
use development shall be made in accordance with the procedures set forth in
the Site Plan Review Regulations of the Planning Board. Applications shall
comply with all requirements of the Site Plan Review Regulations and
Subdivision Regulations, as applicable.
3.
Approval of Applications. A conditional use permit shall be issued only if a
flexible use development complies with all of the requirements of this section.
The Planning Board may condition its approval of planned unit developments on
reasonable conditions necessary to accomplish the objectives of this section or
of the Epping Master Plan, Zoning Ordinance, or any other federal, state, town
resolution, regulation, or law, including a reduction in allowed density, or
reasonable increase in required frontage, setbacks, or any other requirement if
necessary to accomplish said objectives.
4.
General. The flexible use development provisions of this ordinance provide
applicants with an alternative development approach intended to promote
flexibility and innovation in land planning. Within this context, the
regulations that are established are intended to be a minimum consideration of
allowable impacts. Each tract of land possesses different, unique development
characteristics and limitations, and the use allowed on any particular tract
will be a function of innovative land planning and building design interacting
with the special characteristics and limitations of the site.
5.
Thus these provisions shall not be construed as establishing any legal right to
a given use. Those who wish to pursue their “rights” to a certain use of land
should consider developing their land with the traditional, permitted use
approaches, or through the variance procedure as provided for by
6.
Standards for approval - All standards below must be met or impacts mitigated
to the satisfaction of the Planning Board prior to the granting of a
Conditional Use Permit.
a.
The permit is in the public interest.
b.
There will be no greater diminution of neighboring property values than would
be created under any other use permitted in the zone by 1.3.
c.
That there are no existing violation of the Epping zoning ordinance on the
subject property.
d.
That the character of the area shall not be adversely affected.
i.
Architecture
ii.
Transportation
iii.
Scale of coverage
iv.
Scale of building size
v.
Consistency of uses
e.
That granting the permit will not result in undue municipal expense.
f.
That the proposed use will be developed in a manner compatible with the spirit
and intent of the ordinance.
g.
That the capacity of existing or planned community facilities and services
(including streets and highways) will not be adversely impacted.
h. That the general welfare of the Town will be
protected.
i.
That the following impacts have been mitigated to the extent practical:
i.
Noise
ii.
Light
iii.
Transportation
iv.
Visual effects
j.
Landscaped or other appropriate buffers of sufficient opacity and materials
shall be required if deemed reasonably necessary for the welfare of neighboring
properties or the Town.
7.
Additional provisions for Accessory Multi-family in the Industrial-Commercial
District. The purpose of these provisions is to meet the obligations of the
Town of Epping to provide a reasonable and realistic opportunity for workforce
housing that is not only affordable to build but also stable in its costs to
own and operate with respect to energy expenses and supporting facilities that
may not be located within immediate proximity of these developments.
a.
The developer shall submit evidence and a written report to the Planning Board
showing that the proposed units will assist the Town of
b.
All structures shall be in compliance with the provisions of Article 22 as if
the facility were a commercial building.
c.
Shared facilities, including but not limited to parking, green space, and
recreation facilities shall be required and constructed on the site.
d.
No more than 15% of the buildable land on any parcel, or group of parcels under
common ownership, shall be committed to multi-family uses, structures, or
facilities. No more than 10% of the entire existing dwelling unit count in the
Town of
e.
Public water and sewer shall be available to the site.
f.
All proposed developments shall be constructed with adequate facilities to
address concerns related to off site impacts such as noise, visual impacts,
odors, etc.
g.
Pedestrian access networks shall be constructed within the development and
shall connect with current and future planned networks and developments off
site.
h.
The Planning Board may consider existing and reasonable future uses and impacts
resulting from these uses when considering the appropriateness of residential
developments. Mitigation for such impacts may be considered by the Board but
not all locations are suitable for multi-family developments.
8.
Any Conditional Use Permit shall expire if: (1) the use is not in place within
one year of
the date of issuance of such permit; or, (2) if the
use is discontinued for any reason for more than two (2) years. In such cases,
a new application for a Conditional Use Permit must be completed.
AMENDMENT 4:
This change will adjust the
boundaries between the High Density Residential District and the Residential
District. The land added is “backland” that is isolated from road access
through parcels or areas of the same parcel that already partially zoned High
Density Residential. Several parcels are already developed with a high density
of development and this change promotes flexible use of these properties and
increased use of the water and sewer facilities and a diversity of housing
types. The proposed changes are shown below and will be reflected in textual
changes in the ordinance:
AMENDMENT 5:
This change will limit drive
through restaurants in the Central Business Zone. This change will permit
restaurants of all types but will prohibit drive-through facilities to protect
from unreasonable increased traffic impacts and preserve pedestrian focus for
the core business district in Town.
Article II
4. CENTRAL BUSINESS ZONE
4.0.
PURPOSE: To provide for the continuation of establishments
offering retail sales and service.
(...)
4.3. PERMITTED USES:
(...)
7.
Restaurants (drive-through windows shall not be permitted in the Central
Business Zone for restaurants that do not have direct access to NH Route 125).
AMENDMENT 6:
This change will authorize the
Planning Board to set hours of operation and construction for any commercial
use in the Town of
ARTICLE 6
SUPPLEMENTARY REGULATIONS FOR CERTAIN USES
6.15 Hours of Operation
and Construction
As part of any site plan
approval required under the regulations of the Planning Board and in accordance
with RSA 674:43, the Planning Board shall be authorized to adopt regulations to
limit the hours of operation for any commercial use developed in the Town of
Epping and the hours of construction for the development of approved site plans
in order to protect the health safety and welfare of abutting persons and
preserve the quiet enjoyment of land.
In adopting these regulations,
the Board shall specifically consider the zone where the site is located and
the site’s location with respect to abutting land and land uses and may adopt
default hours.
AMENDMENT 7:
This change will authorize the
Planning Board to permit and regulate residential wind turbines. In the past
year, the NH State legislature passed a law that required towns to permit wind
turbines for residential uses. This ordinance fulfills the requirements of that
law and places permissible limitations on height, noise and setbacks as
provided for by the state law. See RSA 674:62 – 66.
Article XXIII
Small Wind Energy Systems
23.1 Purpose:
This
renewable energy systems ordinance is enacted in accordance with RSA
674:17(I)(j), 674:62-66, and the purposes outlined in RSA 672:1-III-a as
amended and effective July 11, 2009. The purpose of this ordinance is to
accommodate renewable energy systems and distributed generation resources in
appropriate locations, while protecting the public’s health, safety and
welfare. The Town of Epping intends to facilitate the State and National goals
of developing clean, safe, renewable energy resources in accordance with the
enumerated polices of NH RSA 374-G and 362-F that include national security and
economic and environmental sustainability. In addition, this ordinance provides
a permitting process for wind energy systems to ensure compliance with the
provisions of the requirements and standards established herein in accordance
with treatment under state law referenced above and in accordance with the
conditional use process as authorized by NH RSA 674:21.
23.2 Definitions:
Meteorological tower (met tower). Includes the tower, base plate, anchors, guy wires
and hardware, anemometers (wind speed indicators), wind direction vanes, booms
to hold equipment for anemometers and vanes, data loggers, instrument wiring,
and any telemetry devices that are used to monitor or transmit wind speed and
wind flow characteristics over a period of time for either instantaneous wind
information or to characterize the wind resource at a given location. For the
purpose of this ordinance, met towers shall refer only to those whose purpose
are to analyze the environmental factors needed to assess the potential to
install, construct or erect a small wind energy system.
Modification.
Any change to the small wind energy system that materially alters the size,
type or location of the small wind energy system. Like-kind replacements shall
not be construed to be a modification.
Small wind energy system. A wind energy conversion system consisting of a wind
generator, a tower, and associated control or conversion electronics, which has
a rated capacity of 100 kilowatts or less and will be used primarily for onsite
consumption.
System height.
The vertical distance
from
ground level to the tip of the
wind
generator blade when it is at
its
highest point.
Tower. The
monopole, guyed monopole or lattice structure that supports a wind generator.
Tower
height. The height above grade
of
the fixed portion of the tower,
excluding
the wind generator.
Wind
generator. The blades and associated
mechanical and electrical conversion components mounted on top of the tower
whose purpose is to convert kinetic energy of the wind into rotational energy
used to generate electricity.
23.3
Procedure for Review:
1. Building Permit: Wind energy systems that are 75
feet or less in height shall only require a building permit for installation.
Conditional
Use Permit: Wind energy systems that exceed 75 feet but are less than 120 feet
in height are subject to conditional use permit approval by the Planning Board
in all permitted zoning districts. The conditional use permit shall clearly set
forth all conditions of approval and shall list all plans, drawings and other
submittals that are part of the approved use. Everything shown or otherwise
indicated on a plan or submittal that is listed on the conditional use permit
shall be considered to be a condition of approval.
2. Permitted Zoning Districts: Wind energy systems,
and where applicable met towers, shall be permitted by conditional use in all
zones and under the application requirements specified under Section 23.4:
3. Met Towers: A met tower, used solely for collecting
wind resource data that does not produce any distributable electrical power and
will stand no higher than 120 feet high may be erected within wind energy
system permitted zones upon obtaining a building permit from the building
inspector and shall be permitted on a temporary basis not to exceed 2 years,
unless extended for one additional year, from the date the building permit was
issued. In the event the submitted building permit appears to exceed the
definition of a met tower, the building inspector my request the applicant
obtain a conditional permit from the Planning Board. Upon such action, the
building inspector must provide a description to the Planning Board identifying
why the proposed met tower exceeds the provided definition.
4. Application: All applications for a wind energy
system submitted to the Town of
A. Property lines and physical dimensions of the
applicant’s property (a survey is not required).
B. Location, dimensions, and types of existing major
structures on the property.
C. Location of the proposed wind energy system,
foundations, guy anchors and associated equipment.
D. Tower foundation blueprints or drawings.
E. Tower blueprints or drawings.
F. Setback requirements as outlined in this ordinance.
G. The right-of-way of any public road that is
contiguous with the property.
H. Any overhead utility lines.
I. Wind energy system specifications, including
manufacturer, model, rotor diameter, tower height, tower type, nameplate
generation capacity.
J. Sound level information provided by the wind
generator manufacturer or qualified engineer.
K. Electrical components in sufficient detail to allow
for a determination that the manner of installation conforms to the applicable
building code for the Town of
L. Evidence of compliance or non-applicability with
Federal Aviation Administration requirements.
5. Abutter and Regional Notification: In accordance
with RSA 674:66, the Town shall notify all abutters and the local governing
body by certified mail upon application submittal to the Town for a conditional
use permit to construct a small wind energy system. The public will be afforded
30 days to submit comments to the building inspector prior to the issuance of
the building permit. The building inspector shall review the application for a
building for regional impacts per RSA 36:55. If the proposal is determined to
have potential regional impacts, the building inspector shall follow the
procedures set forth in RSA 36:57, IV.
23.4 Standards:
1. The planning board or building inspector shall
evaluate the application for compliance with the following standards;
a. Setbacks: The setback shall be calculated by
multiplying the minimum setback requirement number by the system height and
measured from the center of the tower base to property line, public roads, or
nearest point on the foundation of an occupied building.
|
Minimum Setback Requirements |
|
Occupied Buildings on Participating Landowner
Property |
Occupied Buildings on Abutting Property |
Property Lines of Abutting Property and Utility
Lines |
Public Roads |
|
0 |
1.5 |
1.1 |
1.5 |
i) Small wind energy systems must meet all setbacks
for principal structures for the zoning district in which the system is
located.
ii) Guy wires used to support the tower are exempt
from the small wind energy system setback requirements.
b.
Tower: The maximum tower height shall be limited by operation of Section
23.3(1).
c.
Sound Level: The small wind energy system shall not exceed 60 decibels using
the A scale (dBA), as measured at the site property line, except during
short-term events such as severe wind storms and utility outages.
d.
Signs: All signs including flags streamers and decorative items, both temporary
and permanent, are prohibited on the small wind energy system, except for
manufacturer identification or appropriate warning signs, which shall not
exceed 3 square feet.
e.
Code Compliance: The small wind energy system shall comply with all applicable
sections of the Town of
f.
Aviation: The small wind energy system shall be built to comply with all
applicable Federal Aviation Administration regulations including but not
limited to 14 C.F.R. part 77, subpart B regarding installations close to
airports, and the New Hampshire Aviation regulations, including but not limited
to RSA 422-b and RSA 424.
g.
Visual Impacts: It is inherent that small wind energy systems may pose some
visual impacts due to the tower height needed to access wind resources. The
purpose of this section is to reduce the visual impacts, without restricting
the owner’s access to the optimal wind resources on the property.
i) The applicant shall demonstrate through project
site planning and proposed mitigation that the small wind energy system’s visual
impacts will be minimized for surrounding neighbors and the community. This may
include, but not be limited to information regarding site selection, wind
generator design or appearance, buffering, and screening of ground mounted
electrical and control equipment.
ii) The color of the small wind energy system shall be
a non-reflective, unobtrusive color that blends in with the surrounding
environment. Approved colors include but are not
limited to white, off-white or gray.
iii) A small wind energy system shall not be
artificially lit unless such lighting is required by the Federal Aviation
Administration (FAA). If lighting is required, the applicant shall provide a
copy of the FAA determination to establish the required markings and/or lights for
the small wind energy system.
h)
Access: The tower shall be designed and installed so as not to provide step
bolts or a ladder readily accessible to the public for a minimum height of 8
feet above the ground. All ground-mounted electrical and control equipment
shall be labeled and secured to prevent unauthorized access.
23.5 Abandonment:
1.
At such time that a small wind energy system is scheduled to be abandoned or
discontinued, the applicant will notify the building inspector by certified
U.S. mail of the proposed date of abandonment or discontinuation of operations.
2.
Upon abandonment or discontinuation of use, the owner shall physically remove
the small wind energy system within 90 days from the date of abandonment or
discontinuation of use. This period may be extended at the request of the owner
and at the discretion of the building inspector. “Physically remove” shall
include, but not be limited to:
a.
Removal of the wind generator and tower and related above-grade structures.
b.
Restoration of the location of the small wind energy system to its natural
condition, except that any landscaping, grading or below-grade foundation may
remain in its same condition at initiation of abandonment.
23.6 Violation:
It
is unlawful for any person to construct, install, or operate a small wind
energy system that is not in compliance with this ordinance.
23.7
Penalties:
Any person who fails to
comply with any provision of this ordinance or a building permit issued
pursuant to this ordinance shall be subject to enforcement and penalties in
accordance with