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TOWN OF EATON
PLANNING BOARD
December 20, 2006
The Planning Board held their regular monthly meeting on Wednesday, December 20th, 2006 at the Evans Memorial Building. Present were; Paul Savchick, David Sorensen, Dick Shaw, Nancy Malvesta, Lee Stack and Joyce Blue. Visitors attending were Rick Young, Fred Goss, and Paul Hennigan. The meeting was called to order by Paul Savchick at 7:05 p.m.
Nancy Malvesta requested that the meetings be taped. She also wished to revisit one of the zoning amendment proposals.
MINUTES
The minutes for the meeting of November 15th were approved as corrected to include a revision of comments made by Paul Savchick.
SELECTMEN’S REPORT
Joyce Blue gave the Selectmen’s report. She said the tax bills were out and the tax rate of $9.85 lowered the taxes for many people. However, abatement requests could be expected from those whose reappraised valuations were higher than the norm.
Joyce Blue said a second petition had been received for laying out the old Lary Road. Notices had been posted and there was a 60 day period for comment. So far there has been no response to the original petition.
Joyce Blue said that 222 voters out of a checklist of 297 registered voters had voted on Election Day on November 7th.
On other matters, Joyce Blue said the Selectmen have decided to pave the road up through the Snowville Cemetery.
The Town Hall will be closed the day after Christmas Day.
CONSERVATION COMMISSION REPORT
Paul Savchick said the Conservation Commission were still discussing blueberries. Some members shad visited the Sunrise Blueberry Cooperative in Maine to see how it operated.
There was a discussion about road specifications and events in Bartlett.
OTHER BUSINESS
David Sorensen said there had been a report on Madison getting funds for preservation of records. Joyce Blue noted that Colleen McCormack-Lane has obtained a similar grant for $10,000 for vital records. There had been a debate with the Selectmen on what constituted a vital record and what records could be covered by the grant.
Lee Stack said the Board should discuss conflicts of interest when dealing with applications.
The hazards associated with email and violations of the RSA 91A were discussed. There is a Legislative Committee that has been working on it for two years.
PUBLIC HEARING - ZONING AMENDMENTS
At 7:30 p.m. Paul Savchick opened the Public Hearing on the proposed zoning amendments.
The Planning Board discussed the proposed Zoning Ordinance amendments beginning with the one proposing adopting the Comprehensive Shoreland Protection Act as follows:
"The Town of Eaton Zoning Ordinance incorporates the current New Hampshire Comprehensive Shoreland Protection Act (RSA 483-B) and all its provisions, as if fully setforth within.
The Eaton Board of Selectmen shall be responsible for the enforcement of this ordinance and shall have the authority, for cause, to enter upon any land or parcel at any reasonable time to provide oversight, inspection and enforcement duties provided for in this ordinance.
The provisions in this section do not invalidate, or take precedence over, any existing requirement or regulation of the Town of Eaton Zoning Ordinance, or any other Town of Eaton regulatory requirement. All provisions in this section shall rely on words, or terms, a defined in the New Hampshire Comprehensive Shoreland Protection Act (RSA 483-B)."
Paul Hennigan said the recoding of the Zoning Ordinance had not been approved and wanted the references made to the existing ordinance. He said he had not seen the notice in the newspaper and was unable to pickup the amendments on December 12th.
There was an extensive discussion on this amendment. Rick Young said it added very little to the existing situation and did not address the concerns raised a long time ago. Paul Hennigan and Fred Goss gave the rationale behind the recommendations of the Shoreland Protection Ordinance Committee.
There was discussion about fines with the conclusion that fines were not much a deterrent for people with money and that restoration was more important from the Town’s perspective. Paul Savchick said he did not feel that adoption of the Comprehensive Shoreland Protection Act was necessary since it was already in effect. Fred Goss said there was supposed to be a report from the State at the end of November revamping the Comprehensive Shoreland Protection Act to include streams. The difference in opinion between the Department of Environmental Services and the Local Government Center on whether the Selectmen can enforce the existing Comprehensive Shoreland Protection Act was revisited. (At the end of the meeting, Randy Cooper appeared and also questioned whether the Selectmen had the authority for enforcement as envisaged in the proposed zoning amendment). Discussion turned to the issue of restoration being more important than a fine. An excerpt from the original ordinance proposed by the Conservation Commission was resurrected. The Planning Board voted unanimously to add this section regarding enforcement and restoration as follows:
"Where the provisions of the New Hampshire Comprehensive Shoreland Protection Act (RSA 483-B) are violated, restoration of a woodland buffer with 4" diameter trees (not saplings) will be required. Plantings will be established within 9 months of written notification of the violation and will be replanted as necessary to insure survival and restoration of a woodland buffer. "
The Planning Board voted unanimously to carry this amendment to a second Public Hearing on January 17th, 2007.
The next two amendments were at the request of the Zoning Board of Adjustment and concerned qualifying the conditions for a Special Exception. The first amendment was to
add the word "adversely" to Article 6 sections 6.03.04 and 6.05.04 so that they both read "Public health, safety and/or welfare are not adversely affected."
The second amendment was to add the word "unreasonably ‘ to Article 6 sections 6.03.05 and 6.05.05 so that they both read "Traffic, parking, noise and night time lighting are not unreasonably increased".
The Board voted to recommend that these amendments be put on the ballot in March. They will also be on the agenda for a second Public Hearing on January 17th, 2007
The next amendment was to define emergency situations for helicopter and aircraft landings and take offs. It read as follows:
"The Board of Selectmen may authorize aerial uses for unforeseen emergency situations to protect the health, safety and well being of the Town and its residents. Emergency situations are those involving the fighting of fires and the evacuation of persons in life and death situations."
Written correspondence from Kenneth McKenzie objecting to this zoning amendment was noted.
Lee Stack proposed an amendment to provide more latitude to the Selectmen. He made a motion, seconded by Nancy Malvesta, to add after "situations", the phrase "including but not limited to". The motion carried unanimously.
The Planning Board voted that the zoning amendment be placed on the a ballot in March and carried forward to a second Public Hearing on January 17th.
The meeting adjourned at 8:55 p.m.
Respectfully submitted,
David V. Maudsley
