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TOWN OF EATON
PLANNING BOARD
January 17, 2007
The Planning Board held their regular monthly meeting on Wednesday, January 17th, 2007 at the Evans Memorial Building. Present were; Paul Savchick, David Sorensen, Dick Shaw, Nancy Malvesta, Lee Stack and Sunni Wilkewitz. Visitors attending the Public Hearing were Paul Hennigan, and Tom Deans and John Edgerton from Conway. The meeting was called to order by Paul Savchick at 7:05 p.m.
MINUTES
The minutes for the meeting of December 20th were approved as amended.
CONSERVATION COMMISSION REPORT
Paul Savchick said that Dick Brisbois and Kenneth McKenzie had visited the Sunrise Blueberry Cooperative in Maine to see how it operated. The Conservation Commission has decided to hire a manager to monitor the blueberry fields. About one third of the fields will be managed by Arthur Harvey. The fields are also going to be mowed this spring.
SITE PLAN REVIEW (MAHER)
The Zoning Board of Adjustment had approved the Candice Maher application for a special exception and the plot plan had been revised in accordance with the request of the Planning Board i.e. the boundary line of the Village District zone had been added. The Planning Board voted to give final approval to the application. Paul Savchick signed the plans.
It was noted that the Registry will only accept mylars signed by a New Hampshire licensed surveyor or other licensed professional. At issue was whether the Eaton Planning Board was going to require even "minor" site plans to meet these requirements and have the plans registered. Nancy Malvesta made a motion, seconded by Dick Shaw, to require all site plans be registered. The motion carried unanimously. Paul Savchick will obtain a mylar of the Maher plan from Dave Douglass and sign it for registration.
SHORELAND PROTECTION ORDINANCE
For the benefit of the visitors, Paul Savchick provided background on the proposal for shoreland protection. He described the original ordinance compiled by the Conservation Commission and the subsequent formation of the Shoreland Protection Ordinance Committee. Their recommendations provided the basis for the proposed zoning amendments. Briefly, the proposal was to adopt the Comprehensive Shoreland Protection Act and permit the Selectmen to enforce it. The Planning Board had added a requirement for revegetation in those instances where trees had been removed from the shoreline beyond that permitted by the Act.
Tom Deans and John Edgerton introduced themselves and noted that they were involved with shoreland protection zoning on Conway Lake. They expressed support for the efforts of the Town of Eaton and expressed a willingness to work with the Town to coordinate activities and concerns on shoreland protection.
PUBLIC HEARING - ZONING AMENDMENTS
At 7:34 p.m. Paul Savchick opened the Public Hearing on the proposed zoning amendments.
The first 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 as follows:
To add the word "adversely" to Article VI sections 3 (d) and 5 (d) so that they both read "Public health, safety and/or welfare are not adversely affected."
There was no discussion. Nancy Malvesta made a motion, seconded by Dick Shaw to put this on the ballot recommended by the Planning Board. The motion carried unanimously
The second amendment was as follows:
To add the word "unreasonably ‘ to Article VI sections 3 (e) and 5 (e) so that they both read "Traffic, parking, noise and night time lighting are not unreasonably increased".
There was no discussion. Nancy Malvesta made a motion, seconded by to put this on the ballot recommended by the Planning Board. The motion carried unanimously.
The third amendment was as follows:
Add to Article IV section O; Aircraft or helicopter landings and take offs: "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 include, but are not limited to, those involving the fighting of fires and the evacuation of persons in life and death situations."
Lee Stack noted that the Planning Board had agreed at the last meeting to change "aerial uses" to "aircraft and helicopter landings and takeoffs". The Planning Board agreed. Paul Savchick read correspondence from Kenneth McKenzie objecting to the proposal. With the change outlined above, David Sorensen made a motion, seconded by Nancy Malvesta. to put amendment #3 on the ballot recommended by the Planning Board. The motion carried unanimously
Add a new section (section P) to Article IV as follows;
P. 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.
1. 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.
2. 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, as defined in the New Hampshire Comprehensive Shoreland Protection Act (RSA 483-B).
3. 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.
Paul Savchick noted the Planning Board had agreed that the trees should be Dbh and not more than 15' apart. Tom Deans suggested that the Board should sit down with Conway and go over shoreline protection issues. There was a discussion about the Study Committee set up by the Legislative to make recommendations on the Comprehensive Shoreland Protection Act. Their report had been issued and a copy was made available to the Board. It did not appear to impact any of the proposals being made.
With the addition of the phrase "Dbh trees planted apart at a distance of 15 feet or less". Lee Stack made a motion, seconded by David Sorensen, to add amendment 4 to the ballot recommended by the Planning Board. The motion carried unanimously.
Nancy Malvesta made a motion, seconded by Sunni Wilkewitz, to close the Public Hearing.
The Public Hearing closed at 8:03 p.m.
The meeting adjourned at 8:05 p.m.
Respectfully submitted,
David V. Maudsley
