Harrisville Planning Board
Wednesday, January15, 2020
Members present: Ryan Stone Co-Chair, Lisa Anderson Co-Chair, Noel Greiner, Courtney Cox, Don Scott alternate, Kathy Scott Selectboard alternate
Members absent: Ned Hulbert, Peter Thayer
Members of the public: Jon Miner
Ryan Stone noted that the voting members included himself, Lisa Anderson, Courtney Cox, Noel Greiner (except in the case of the Dixon application), and Kathy Scott (except in the case of the Dixon application).
Following the motion and vote in favor to move the ADU application to the front of the agenda, members voted unanimously in favor to approve it.
Minutes of previous meeting
Members moved and voted in favor to approve the minutes of December 11, 2019.
Kathy Scott and Noel Greiner then recused themselves for the following:
Jesse and Regina Dixon, 241 Skatutakee Road, Map 20 – Lot 57, Application for Conditional Use Permit
Courtney Cox reported that, following the acceptance by the PB of the application at the December meeting, she and Peter Thayer had reviewed the submission for completeness. Ms. Cox subsequently moved that the PB accept the application as complete. Lisa Anderson seconded. Members voted 3-0 in favor.
The board then heard from Don Scott, representing the property owners. Mr. Scott described the existing conditions on the Lakeside property and the proposed tiny house, a detached accessory dwelling unit under current ordinances. Mr. Scott referred to a detailed site plan and photographs, describing that the existing 10’ x 12’ shed would be relocated from its current location to an area off of the driveway behind a large boulder, a location which would continue to comply with the side boundary and right of way setback requirements.
Mr. Scott then described the proposed detached ADU, 16’ x 18’ in dimension, to be located at the site of the existing shed. Referring again to the site plan, he noted the proposed structure would be well behind the 75’ required setback from the lake and 21’ from Skatutakee Road. The tiny house will sit on granite piers, matching the piers of the main house, on all four corners. Separately, the applicant is working to upgrade the septic and to seek approval from DES prior in accordance with building permit requirements. Currently, there are two bedrooms in the main house and one bedroom is proposed for the ADU.
Addressing impervious cover requirements, Mr. Scott demonstrated that the existing impervious cover percentage is 1.4%, well below the 20 % maximum. The proposed structure will raise that calculation to 1.6 %, still well below the threshold. The total square foot of coverage with the detached ADU would reach 2907 square feet, compared to the existing 2627 square feet of impervious cover. The total lot is 183,387 square feet, or 4.2 acres. The existing woodland buffer will remain natural, required for the shoreland permit which was granted by the state.
Following a description by Mr. Scott of the overall design of the tiny house, the Planning Board began its review of the criteria outlined in Article XXIX Accessory Dwelling Unitsfor the granting of a Conditional Use Permit. These were read aloud as follows:
18.104.22.168. The specific site is an appropriate location for such use. Mr. Scott noted this was a residential use being proposed in a residential location. Members agreed.
22.214.171.124. The use as developed will not adversely affect the adjacent area. Members agreed it would not. Members also acknowledged Mr. Scott’s comment that no abutters had objected. `
126.96.36.199. There will be no nuisance or serious hazard to vehicles or pedestrians. Members believed there would be neither.
188.8.131.52. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Members believed there would be both.
184.108.40.206.The proposed use shall comply with all the frontage, setbacks, minimum land area, sanitary protection, signs, and parking requirements for itself or its most similar use, except where specifically waived by the board, the reasons for such waiver to be set forth in writing by the board.Members agreed the proposal was in compliance on all matters and that no waivers were required.
220.127.116.11. The proposed use shall maintain the visual and functional character, as well as aesthetic continuity, with the neighborhood.Mr. Scott reiterated that all material will match the existing structure and remain in keeping with the neighborhood character. Members agreed, noting the continued use as a residence and appropriateness of the proposed materials.
Following review of the criteria, Lisa Anderson moved to approve the Conditional Use Permit application for Jesse and Regina Dixon of Skatutakee Road, Map 20 – Lot 57, noting that septic review and approval would be overseen during the building permit process.Courtney Cox seconded. The vote was 3-0 in favor.The Co-Chairs stated that a Notice of Decision would be drafted and sent to the applicants.
Ordinance Review Committee
Ryan Stone recommended that the board address each proposed ordinance amendment individually. Members first reviewed the format of ballot and requested it be revised to explain the bold/strikethrough sections and to highlight the explanatory sections. Members then reviewed the content of each proposed amendment, with Lisa Anderson noting the purpose of the proposed changes. For amendments #1 through #8, members had no issues and voted in favor to approve the amendments and move them forward to the voting ballot for March 10 Town Meeting.
Amendment # 9, the proposed Solar Ordinance, led to lengthier discussion. Ryan Stone remained concerned that the table depicting permitting requirements for various solar proposals doesn’t align with the permitting process for personal wireless facilities. He recommended that the committee revisit this. Mr. Stone also reiterated his position that ground mounted solar panels should be counted toward the impervious cover calculation, as the language proposed excludes them. There was further discussion on this but no consensus. Following further suggestions about whether or not to move this amendment forward, the motion was made to move Amendment #9 to ballot. Lisa Anderson seconded. The vote was 3-2 in favor with Courtney Cox and Ryan Stone voting no for the reasons stated above.
Kathy Scott then moved for the ORC to continue work on the Solar Ordinance in 2020 to consider issues focused on, but not limited to, the perceived inconsistencies with other sections of the zoning ordinance and language related to ground mounted system panels not being included in the impervious cover calculation. Courtney Cox seconded. All voted in favor.
Petitioned Warrant Article to Amend the Zoning Ordinances
The PB then reviewed the petition submitted by Select Board Chair Jay Jacobs to amend language related to side setbacks in the Residential/Agricultural district. Mr. Jacobs proposed to reduce the side setback for accessory structures to 20 feet from the current requirement of 50’ feet. Lisa Anderson noted that the town attorney, upon review of all proposed zoning amendments, raised concern that Mr. Jacobs’s petition may not be valid, as petitions for zoning amendments require a higher number of signatures than warrant articles related to appropriations or other non-zoning matters. Members discussed the language in RSA 39:3 and RSA 675:4. Members agreed to further confirm this position from counsel and to further consult the NHMA and the RSAs for clarification. Lisa Anderson then moved to accept the petition as long as it is deemed valid and to recommend the petitioned Warrant Article, and to move it forward to the Town Clerk, in addition to consulting with legal counsel on the number of signatures required. If it meets the requirement the PB will move it forward to the Town Clerk. All voted in favor. Separately, but related to the language in the petitioned article, Mr. Stone asked the Ordinance Review Committee to add a definition for accessory structure to the ordinances, as one currently is not in place.
With no comments from the public, Mr. Stone closed the public hearing portion of the meeting.
Members agreed that the PB Chairs will formally recommend two new members to the PB.
2020 PB Budget
The Co-Chairs will submit the proposed PB 2020 Budget to the SB for consideration.
The Co-Chairs confirmed that the Broadband Committee serves as an ad hoc committee under the supervision of the SB and not as a subcommittee of the PB.
Members moved to adjourn at 9:15 pm.