TOWN OF BRADFORD
PLANNING BOARD
DECEMBER 14, 2010
7:00PM
Call to Order and Roll Call:
Marcia Keller, Chair called the December 14, 2010 meeting to order with Barry Wheeler, Sonny Harris, Phil LaMoreaux, Jim Bibbo, Alternate, Harry Wright, Selectmen’s Representation, Marge Cilley, Secretary. Bill Glennie arrived at 7:15, and John Greenwood, Alternate arrived at 7:25pm.
Marcia Keller, Chair seated Jim Bibbo for Barbara Vannata.
Motion was made by Phil LaMoreaux to approve the November 9, 2010 minutes. Barry Wheeler seconded.
Edits include: Page 2—under Corsair Realty Motion, number 1. should read: Receipt of Storm Water Pollution Prevention Plan from the Applicant. On page 1, second line up from first paragraph under Corsair Realty should be: sheet pan, not sheep pan.
Motion carried 6-0 with edits.
To Do Folder:
Hugh Wilkerson:
Response of information forwarded to the Planning Board from Hugh Wilkerson was discussed.
Letter to Corsair Realty forwarding their reimbursement check was noted.
Public Hearing – Proposed Zoning Amendments:
The Proposed Five Zoning Amendments were gone over at length with the Planning Board members as well as Public input. Final decisions will be done at the end of this meeting.
Marcia Keller, Chair closed the Public Hearing.
John Bruss-East Main Street, Map 17, Lot 2 & 3 Boundary Line Adjustment and Street Plat:
Marcia Keller, Chair read a letter dated December 14, 2010 from abuttors, Eric and Jennifer Ensign regarding requesting a vegetative buffer on their property. (Letter on file)
Abutter, Paul Saxby questioned the septic system to which John Bruss advised the one there is more than adequate. Discussion ensued regarding the Right of Way to the Naughton property and John Bruss advised a 2 way traffic road would be constructed. This lot has been surveyed. Diagram of property roadway can be used in an emergency situation.
Motion was made by Jim Bibbo to accept the application as complete for the Lot Line Adjustment and Street Plat on Map 17, Lot 2 & 3. Bill Glennie seconded. Phil LaMoreaux abstained. Motion carried 6-0.
Motion was made by Sonny Harris to conditionally approve the Application as Complete for the Lot Line Adjustment and Street Platt on Map 17, Lot 2 & 3, with the following conditions. Jim Bibbo seconded the motion. Phil LaMoreaux abstained. Motion carried 5-0.
Conditions to be met include:
1. Bounds to be set.
2. Letter from the Fire Department, Police Department and Selectmen with approval.
3. Limits of Right of Way to Main Street, showing Boundaries in relation to that property.
4. Right of Way to the Telephone Company.
5. Deed descriptions of both lots.
6. Mylar
Bruce Edwards, Pleasant Valley Road, Map 7, Lot 26 Gravel Pit:
Bruce Edwards came to the Planning Board regarding his burying stumps at his gravel pit. Phil LaMoreaux read the information regarding stumps. Bruce brought in a map and showed the board members where he wished to bury the stumps. The gravel dug up will be used on the property, probably for the road. The Planning Board requested they received documents with details after he is done. Bruce advised this will be an ongoing procedure.
Zoning Ordinance Language:
The Zoning Ordinance Language was gone over at length and the following is the results of the Planning Board’s decisions:
Proposed Zoning Amendments for 2011 as approved by PB 12/14/2010
Amendment 1. Workforce Housing add:
1. A Workforce Housing section in response to a new state mandate (RSA 674:58-61) to provide reasonable and realistic opportunities for the development of housing to allow families to live in the town where they work. The proposed ordinance would allow the Planning Board to approve one or more incentives (smaller lot sizes (thus a density bonus), reduced setbacks and/ or reduced road frontage) only if the applicant demonstrates that the current regulations would make the cost of a project prohibitive for sale or rent to families who meet the guidelines. Income and purchase price are set by state law; currently a family earning less than $74,000 would qualify for a home with a purchase price up to $215,000. An assurance of continued affordability would be required for any approved project.
To meet the state requirement, workforce housing would be allowed in all zoning districts except conservation. Property owners are not “forced” to do anything and lose no rights. All underlying zoning regulations and environmental protection remain in place. A local Workforce Housing ordinance is necessary for Bradford to retain control over where and how such development occurs. Without this ordinance, a case could be made that our town has illegal exclusionary zoning under the new state law and a builder could ask a judge for remedy, taking town guidance out of the picture.
Full text attached
Motion was made by Phil LaMoreaux to put Workforce Housing on a ballot for Town Meeting. Seconded by Sonny Harris. Motion carried 6-0
Amendment 2. Buildable Acre Land: For the purposes of calculating the minimum lot size: each lot shall contain a minimum of 1 contiguous acre of land, exclusive of the following elements of the land:
Buildable acre shall be defined, as the area of land needed to calculate the minimum lot size by excluding the following element of the land:
1. Wetlands as defined in the Town of Bradford Zoning Ordinance.
2. Steep slopes with a vertical change in elevation greater than 20 feet at a slope of 33% (one foot rise in three feet) covering more than 5,000 contiguous square feet. This does not limit building location but is for the purpose of calculating minimum lot size. The natural slope of the land shall not be disturbed or altered in grade to meet this requirement, unless such alteration has been permitted per an approved excavation plan per RSA 155-E by the Bradford Planning Board.
3. Severe steep slope with a vertical change in elevation greater than 20 feet at a slope of 50% or more (one foot rise in two feet) covering more than 5,000 contiguous square feet shall not be disturbed or used for building purposes.
4. Land as defined as area of special flood hazard as defined in the Bradford Flood Plain Ordinance, referred to as 100 year flood zone.
In all zoning districts, strike the word buildable from the each statement “per 2 (or 5) buildable acres.” Add to each: “Each lot shall have a minimum of one (1) acre of buildable land.”
Section 2 A 1. One dwelling of business unit per 2 buildable acres. Each lot shall have a minimum of one (1) acre of buildable land.
Section 2 B 3. Each lot shall be a minimum of 5 buildable acres. Each lot shall have a minimum of one (1) acre of buildable land.
Section 2 C 1. One dwelling unit per 2 buildable acres. Each lot shall have a minimum of one (1) acre of buildable land.
Motion was made by Bill Glennie to put Buildable Land on Ballot for Town Meeting. Seconded by Barry Wheeler. Motion carried 6-0.
Amendment 3. Add definition Enlarge – to increase in any dimension – length, width, height, overall area or occupied floor area.
Motion made by Phil LaMoreaux to put on the ballot for Town Meeting. Seconded by Harry Wright. Motion carried 6-0.
Amendment 4. Island Lots In accordance with RSA 674:41II-a, issuance of building permits for Map 19, Lots 39 -47, Map 20, Lots 1 – 14 & 32, and Map 23, Lot 29 shall be exempt from the provisions of RSA 674:41 I & II (meaning to include those lots served only by the East Shore Footpath and the three islands on Lake Massasecum) Said lots shall be governed by the Bradford Zoning Ordinance and the Shoreland Protection Act. Prior to issuance of any building permit for these lots, an acknowledgement of the limits of municipal liability shall be recorded in the county registry of deeds.
Motion was made by Bill Glennie to put on the ballot for Town Meeting. Seconded by Phil LaMoreaux. Motion carried 6-0.
Explanation: This provision deals only with the specified existing lots that have no access to any road. Without this amendment, state law would prohibit approval of any building permit – new construction or repair – for buildings on those lots.
Amendment 5. IX. Wireless Telecommunication Facilities
D. SITING STANDARDS
1. GENERAL PROVISIONS
f. Height Limitations:
1) Sites in Forested Areas: Wireless telecommunications facilities in forested areas shall not project higher than 20 feet above the average tree canopy height in a fifty 50 foot one hundred and fifty (150) foot radius of the mount, or the total area of the site including security barrier(s) and designated clear area for access to equipment, which ever is greater. Telecommunication facilities in forested areas must fit with the natural character of such areas and employ stealth technology in order to make sites less obtrusive to the character of surrounding property and the community. Appropriate stealth technologies to apply in wooded areas shall include making sites appear as false/artificial trees, forest ranger / fire towers, or other facades acceptable to the Planning Board.
2) No
3) No Change
4) (New) Antennas that are free standing and 35 feet or less in height are exempt from this ordinance.
2. DISTRICTS PERMITTED
a. New Towers: New tower construction and co-location of wireless telecommunication facilities shall be permitted in the following all districts by special exception subject to all applicable local, state and federal regulations and Site Plan Review and approval by the Planning Board. New tower construction is permitted by special exception in the following areas:
1) Residential Business Special Exception
2) Residential Rural Special Exception
3) Conservation District Not Permitted
b. In all cases, new tower construction must be able to be accomplished in such a manner that the top of the tower is at an elevation of no less than one hundred (100) feet below the elevation of the summit and its extended ridge line of the nearest peak, up slope from the tower site.
Motion was made by Phil LaMoreaux to put on the Ballot for Town Meeting. Seconded by Sonny Harris. Marcia Keller, Chair voted Nay. Motion carried 5-1.
New language is underlined. Language to be struck is crossed out
Harry Wright suggested that the information on the Proposed Zoning Ordinance could be posted in town, in the Bradford Bridge and do hand-outs.
There will be no Planning Board Meeting on December 28, 2010.
The next Planning Board Meeting is scheduled for: January 11, 2011
Meeting Adjourned 9:40pm.
Respectfully submitted,
Marjorie R. Cilley
Secretary