Planning Board
Wednesday, December 11, 2024
Meeting Minutes
Members present: Ryan Stone, Jon Miner, Don Scott, Kathy Scott
Members absent: Courtney Cox, Lisa Anderson, Peter Thayer
Attendees: Charlie Sorenson, Cathy Sorenson, Ms. Saunders, Pegg Monahan, Harry Wolhandler, Adam Drew, John Cucchi
Attendance, Roles and Voting Members – Ryan Stone named the voting members for the evening as himself, Jon Miner, Don Scott and Kathy Scott. After considering that only four board members were in attendance, creating the risk of a 2-2 tie on any votes undertaken, in which case a motion would fail, the Co-Chair noted that the board would nevertheless proceed with the business of the meeting.
Approval of Agenda – Members voted 4-0 in favor to approve the agenda.
Minutes of previous meeting, 11/13/2024 – Members voted 4-0 in favor to approve the November meeting minutes.
Public Hearing, Proposed Zoning Amendments – The Co-Chair summarized the proposed changes to the Harrisville Zoning Ordinances, as noticed in the Keene Sentinel, posted on the town website, and available at town hall and in hard copy for meeting attendees. The recommended amendments were originally drafted by the Ordinance Review Committee and brought to the Planning Board, where the board agreed to bring them forward for public hearing.
At 7:07 pm, Ryan Stone opened the public hearing.
1) The first proposed amendment is to Article 12.6.2 Wetlands Conservation Overlay District.
The current language reads as follows: 12.6.2. There shall be a 25-foot no-build buffer around all wetlands of 3,000 square feet or less, with no alteration of natural vegetation, no habitable buildings and no permanent foundations.
The proposed language reads as follows (new language in bold): 12.6.2. There shall be a 25-foot no-build buffer around all wetlands of 3,000 square feet or less, and linear wetlands 10-feet wide or less, with no alteration of natural vegetation, no habitable buildings and no permanent foundations.
The PB and Ordinance Review committee members explained that the goal of the amendment is to allow for reasonable use of properties that have narrow drainage ditches or swales running through their lots. Under the existing language, these waterways require a 100-foot buffer. The ORC feels the 100’ buffer requirement for these conditions is excessive and that the reduction still protects the wetlands.
2) The second proposed amendment is for Article 12.9. Special Exception Uses under the Wetlands Conservation ordinance.
The current language reads as follows: 12.9. SPECIAL EXCEPTION USES. Upon application to the Zoning Board of Adjustment (ZBA), a special exception may be granted for the following: …
The proposed language reads as follows (new language in bold): 12.9. Upon application to the Zoning Board of Adjustment (ZBA), a special exception may be granted for certain uses, set forth in 12.9.1. through 12.9.4., provided the following conditions are met:
- Sediment in the runoff water, both during and after construction, shall be trapped by the use of sediment basins or other erosion control methods, until the disturbed area is stabilized.
- The storm drainage system and culvert capacity shall be based on a design flow with a minimum return interval of a twenty-five year/twenty four hour storm, and the ability to withstand a 4” rainstorm within a 24-hour period.
- Stormwater infiltration systems are installed to reduce surface water runoff.
- No new drainage ways shall be created, nor additional run-off directed to existing wetlands or to adjacent properties, unless necessary easements are obtained.
The PB supports establishing these new conditions related to stormwater management measures and erosion control for certain uses within the 50’- and 100’- wetland buffer. The certain uses may include accessory structures, footbridges and similar structures, roads and access ways as delineated in the existing ordinances, 12.9.1. through 12.9.4.
Members and attendees considered the potential situation in which a linear wetland may vary in width from under 10’ wide to greater than 10’ wide. In this case, they agreed, the more stringent setback of 100’ would apply to the location(s) where the linear wetland exceeded 10’ in width. Harry Wolhandler noted the importance of considering the whole of Article XII to understand the options for building on lots with wetlands.
3) The third amendment presented applies to Article 9.1.4. Lakeside Residential District.
The current language is as follows: No residence in the lakeside district shall be used as a hotel, tourist home, or furnished rooming house.
The proposed language reads (new language in bold): Tourist homes may be maintained and operated in this district. No dwelling in the lakeside district shall be used as a hotel.
The board explained that the goal is to treat the lakeside district in the ordinances similarly to other districts in allowing property owners to rent their homes. As part of the proposed changes, the PB also proposes amendments to three definitions to clarify and make consistent the meaning of “tourist home” and associated definitions, including “dwelling” and “hotel”. Differing interpretations of the existing language in the ordinance propelled the Ordinance Review Committee to address what is long-standing practice in the lakeside district — that is, the renting of homes and cottages for needed income — and addressing whether short-term rentals constitute tourist homes.
The PB acknowledged the two letters submitted to the board, one opposed to the proposal to allow short term rentals in the lakeside district and the other in support of the amendment. The property owner opposed to the allowance of tourist homes in the lakeside district raised concerns about impact on the town’s quiet, small-town atmosphere, as well as impact on the available housing stock and home prices. The letter in support of the amendment noted the lack of issues or problems over the years that such rentals have existed. Board members discussed the difficulty of balancing property owner rights with the town’s duty to reasonably regulate use of land.
4) The fourth proposed amendment (new language is in bold italics and deleted language appears as strikethrough) is to Article XXVI Definitions, specifically the definitions of
DWELLING: A single unit providing complete independent living facilities, including provisions for living, sleeping, eating, cooking and sanitation. The terms “dwelling”, “one-family dwelling”, “multiple-family dwelling”, “two-family dwelling” or “dwelling group” shall not be deemed to include automobile court, rooming house, tourist home, or hotel. For the purposes of this ordinance, “cooking” means to have the ability to heat, cook, and refrigerate food, with a sink and water supply separate from a bathroom.
HOTEL: A building containing rooms intended or designed to be used or which are used, rented, or hired out commercially for sleeping purposes by guests. and where only a general kitchen and dining room are provided within the building or in any accessory building. (See “Tourist Home)
TOURIST HOME: Any dwelling, or any room or group of rooms place consisting of a room or group of rooms located in a dwelling residence where transient accommodations for sleeping or living purposes are provided on a short term rental basis for a price.
During discussion of proposed definition changes, PB members explained the goal of updating and removing ambiguity in the language, as its original intent is not necessarily known, and to provide equality for all property owners.
With no further discussion, the Chair closed the public hearing.
Subsequently, Jon Miner moved to amend Article 12.6.2. to add linear wetlands of 10’ width or less to the 25’ no build wetland buffer, consistent with the buffer requirement for wetlands of 3,000 square feet or less. Kathy Scott seconded. The board voted 4-0 in favor to move the amendment forward for vote at Town Meeting.
In a request for a motion on Article 12.9, Kathy Scott moved to amend Article 12.9. related to special exception uses between the 50’ and 100’ foot wetland buffer to add certain drainage and stormwater condition requirements. Don Scott seconded. Members voted 4-0 in favor to move the amendment forward.
Subsequently, Kathy Scott moved to amend Article 9.1.4. to allow tourist homes to operate in the lakeside district, consistent with other districts. Jon Miner seconded. Members voted 3-1 in favor to move the amendment forward, with Ryan Stone opposed believing additional language is needed to clarify any oversight of short-term rentals.
In a motion to amend three terms in Article XXVI Definitions, Kathy Scott moved to amend the definitions of “Dwelling,” “Hotel” and “Tourist Home” to update language. Don Scott seconded. Members voted 3-1 in favor with Mr. Stone opposed for the reason stated above. Kathy Scott added that, while she agrees additional language may be needed in the future, she believes the proposed amendment addresses any confusion for now.
Committee updates / Master Plan ReView – Ryan Stone shared the tri-fold/synopsis of the Master Plan as it now appears on the town website. Links to the complete text of the different Master Plan sections will be added to this post.
Committee updates / Ordinance Review – Members reviewed the list of items that have been brought before the ORC but not yet brought forward as recommended amendments. Jon Miner noted that under consideration for ORC work next year is an amendment to allow duplexes in the Residential/Agricultural District, modifications to the Conservation Subdivision Ordinance and more updates to the Definitions section. The PB will continue to review the list.
2024-2025 Budget – Members reviewed expenditures to date and budget amounts that should be requested for 2025. Following discussion, Jon Miner moved to propose dropping the overall PB budget from $5,240 to $4,500, with the line for public notices to increase from $250 to $500, the line for professional services to decrease from $2,000 to $1,000 and the line for SWRPC due to increase from 1,090 to 1100, all other lines to remain the same. Don Scott seconded. All voted in favor.
The meeting adjourned at 9:20 pm.