Town of Fitzwilliam, NH - Planning Board Minutes 01/05/10

Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Jason Hill, Mac Landy, John Tommila and Carmen Yon, Selectmen’s representative.

Silverman welcomed members of the public to the hearing. He said he assumed that most of the people here were interested in the livestock ordinance and so began the hearing with consideration of 127-8-E.

Silverman read the provisions section of the ordinance and asked if the Board had any comments. Tommila expressed concern over the policy section timeline. Yon said that while this was a state regulation the town could make it more restrictive.

Silverman asked for public comment. There was discussion about clarifying definitions and the meaning of certain phrases. Kate Thomas asked whether this ordinance applies to pets, like pet rabbits or pet chickens. Gray said the purpose was not to include pets and Silverman said pet chickens do fit the definition of fowl and are included.

Thomas raised the question of the purpose being inherently contradictory, in that while the town wants to support agriculture it also wants to have peace and quiet and the two concepts may be in conflict. Silverman said the town wants to find a middle ground where we can all live together and in order to have peace certain steps need to be taken so animals don’t become a nuisance to others, adding that the alternative is to ban animals outright from certain areas in town.

Thomas noted that the surrounding towns don’t have livestock ordinances, and wondered why Fitzwilliam was leading the way. Silverman said the issue came to the Board from the Selectmen. They have receive many animal related complaints and asked the Planning Board for clearer guidelines/regulations for acting on complaints, either to help mediate or to enforce. He added that if animals are not bothering anyone there is no problem, but if they are and complaints are received, there needs to be something to guide decision making.

Thomas asked where the arbitrary number of one acre came from, wondering why it was the limit thus preventing people with smaller lots from having animals. She wondered if a responsible animal owner with 3/4 of an acre could keep an animal. Silverman said anyone could go to the ZBA for relief from the ordinance. Gray said the Board could look at the different districts and zone accordingly but was trying to be more lenient.

Thomas said people seem to think the village is a more suburban area but the town does not provide the infrastructure services of a suburban area in this village. Landy said this remains a rural village and residents should have the peace and quiet of a rural village.

Brian Doerpholz asked if the one acre limitation was even necessary given that the ordinance refers to best management practices, which specify the amount of space every animal needs to be housed properly. He asked about the enforcement provision and Yon said it’s stated the way it is so the Selectmen can designate the appropriate person to enforce it, like police or animal control officers or Selectman. Doerpholz wondered what happens if, as an animal owner, I comply with the ordinance but complaints still occur. Silverman said if it is one complaint that is one thing and if it is a whole neighborhood it is another.

Thomas asked how noise was defined; is it a cow mooing? She asked how ‘undue burden’ was defined – what’s the line? Silverman said there are noise ordinances that specify decibel levels and Fitzwilliam isn’t going to do that. Thomas asked what is a ‘reasonable effort?’ Silverman said it is for enforcement to assess, adding one needs to trust their elected officials not to be out to get you. Thomas said it was hard to see who decides these things.

Heald said he would be a lot less comfortable with an ordinance that was very specific about decibel or odor levels. Or for that matter, how the distinction is made between a .99 acre property and a 1.2 acre property, adding that most deeds state acreage as plus or minus.

Parker reiterated that the Selectmen are the enforcing agency in town, saying they do not abuse their authority. “We listen to all complaints and look at what’s fair and reasonable.” He said zoning is so people can live side by side in relative peace. We look at the facts and decide. Thomas clarified that the Selectmen are the ultimate decision makers. Yon said the Selectmen listen to the police, animal control and talk to the complainant and animal owner and try to resolve the issues; we can issue a warning before a violation. We need something to guide mediation.

Yon suggested striking the word ‘quiet’ in the purpose section. Silverman suggested changing ‘peace and quiet’ to ‘tranquility’.

Doerpholz clarified the difference between a small working farm and a commercial operation. The Heald farm is a small working farm even though it is larger than five acres. Heald asked about restitution if, for example his pigs get out and destroy a neighbor’s flower bed. Parker said that’s a civil matter.

Doerpholz noted that he had met with the Selectmen and other people interested in forming an agriculture commission for Fitzwilliam. This commission would be advisory only and could serve as an intermediary for conflicts that may arise.

Silverman asked the Board if it wanted to eliminate the acreage requirement from the ordinance and replace ‘peace and quiet’ with ‘tranquility.’. The Board agreed. Silverman moved, Haynes seconded and the Board voted to bring this ordinance forward to the January 19, 2010 public hearing.

Wireless amendment. This amendment proposes to treat antenna arrays differently than towers for the purpose of siting antenna arrays. Yon has concerns about height, wondering how much above the roofline an antenna could rise. Silverman said he’d like to see the same site plan criteria applied as are found in the accessory use amendment voted in 2009 [127-14 A.(c)].

Yon suggested a height restriction that matches the height restriction on buildings in town. Silverman said he imagined any antenna array would have to be above the roofline. Yon could imagine a competition between providers to have the highest antenna array. Grasewicz said if it had to be above the trees, it would go up 80 feet or more. Haynes agreed the Board needed to think about this. Gray suggested asking the Technology Committee for advice, and to see how tall these arrays might be.

Silverman suggested restricting the height to 36 feet, the same as the land use ordinance (127-18 G.(1), and if over that a site plan review would be required. Parker said he’d heard that using telephone poles was being considered. He thought they needed to be near utility poles for power.

2009 Ordinances for ratification. Silverman asked the Board to consider the 2009 ordinances. Yon said it would be cleaner just to bring them forward for ratification as passed in 2009. Haynes moved, Yon seconded and the Board voted to bring the 2009 ordinances forward as is for ratification in March.

Growth Management Ordinance amendment. Parker said he was not in favor of repealing the ordinance. He said he’d read the statute and believes the town can meet its requirements. It is easy enough to add a sunset clause. He said the town needs to do a lot to prepare for additional growth. Now the town is renting storage space for documents that must be kept; there is very little meeting space available for town boards; the police department needs more space; the highway department needs an equipment storage barn.

Parker believes the road network is not sufficient to serve increased development and the town could look at a number of projects to serve a growing community. He recommends keeping the GMO for the next five years. Since the number of building permits available under the current formula is getting smaller every year, perhaps there is another way to determine a fair number. He said the townspeople have repeatedly said they want Fitzwilliam to remain a rural town, and since the state is opposed to taxing businesses and tax dollars come from property taxes, there is little to do to keep the tax rate reasonable.

Silverman agreed with his argument, adding the Master Plan will not encourage development in specific areas but will strengthen methods for keeping the rural character. He feels keeping the GMO, even if amended, will obligate the town to some very radical and expensive changes to come into compliance. Yon said if amended the GMO will allow for orderly development.

Gray said, as a proponent when the first GMO was proposed, that the GMO requires the town to have a plan to produce changes that support increased growth. The town will be mandated to make improvements if we keep the GMO and without a specific plan we can’t defend keeping it.

Silverman said we can keep it for a year and let it be challenged but not defend it. Parker said we have already allocated money for the police station, and money to take down an older highway building; there is money for major road upgrading. Several roads will be improved this year and he has asked the road agent for a maintenance schedule for all 50 miles of town roads.

Haynes asked if it is repealed, how long before we can bring it back? She suggested asking Carlotta Pini. Yon suggested changing the formula and set a percentage of growth as the limitation. Parker asked if a sunset clause can be added and change the formula to allow the town to increase the number of building permits available. Silverman said he agreed with the objective and we will revisit the issue.

Variance amendment. Silverman said this is a housekeeping change and it reflects language in new state legislation. Silverman moved, Gray seconded and the Board voted to move this amendment forward to the January 19, 2010 public hearing.

Wetlands amendment. Parker asked how enforcement would work with this change. There was some discussion clarifying the meaning of the proposed amendment. Grasewicz said the change allows home owners to repair their septic systems without getting a variance from the ZBA, but new construction or an expansion that increases septic loading must go through the building permit process. He added that the state is dramatically changing regulations around septic repair and replacement.

Minutes. The Board reviewed minutes of the 12/15/09 minutes. Yon moved, Haynes seconded and the Board approved the minutes as written.