Members present: Paul Currier, Chair; Jon Warzocha, Vice-Chair; Nancy Teach; Pat Moyer; Duncan Coolidge, ex-officio

Also present for duration of appropriate items: Dave Powers, Deputy Building Inspector; Colin Brown; Bob Ward; Vicky Mishcon; Andy Prokosch; Lenny Caron

Non-Binding Consultation: Colin Brown, agent for Ambrose Logging and James Gee, for an annexation

Application presented indicating the proposed annexation/lot line adjustment. The application was reviewed for completion. The Board voted unanimously in favor of deeming the application complete. A public hearing will be held on January 28 at 7:30 PM.

Non-Binding Consultation: Jon Warzocha for a proposed annexation on Route 4A

Warzocha recused, as it is his application. Warzocha presented a survey map which indicates the proposed annexation of 20 acres. Warzocha feels this meets the 4:1 width to depth ratio; however, Currier is unsure. After discussion, the Board was amenable to granting a waiver for the width to depth ratio specific to the configuration of the lot. Warzocha will present an application at the February 11 Planning Board meeting.

Public Hearing: Proposed Amendments to Zoning Ordinance and Repeal of Building Ordinance (Hearing to be conducted article by article)

Currier read the public hearing notice to those present, and the Board will accept verbal testimony at the hearing and written testimony during the next two weeks. These articles are to be presented to the voters at the March 2014 Town Meeting. The public hearing for Articles I and II (Repeal of Building Ordinance and amendments to Zoning Ordinance to create a new building permit process administered by a Zoning Administrator) was opened at 7:30 PM.

Prokosch asked what the actual wording in the Zoning Ordinance will be, and Currier presented copies of the wording to the public present. Currier explained that as he had six questions for Town Counsel, he is still awaiting a response. Currier will discuss with Town Administrator on plans to publish the wording. The public hearing on Articles I and II was closed at 7:41 PM.

The public hearing on Article III (Equitable Waivers) was opened at 7:42 PM. Currier explained that Equitable Waivers deal with dimensions rather than uses of property and that the Zoning Ordinance will include Equitable Waivers. The public hearing on Article III was closed at 7:43 PM.

The public hearing on Article IV (Changes to Board of Adjustment process and criteria for Special Exceptions and Waivers) was opened at 7:44 PM. Prokosh stated that Additional Special Exceptions are not seen in other Zoning Ordinances and questions how the Board of Adjustment will handle them. Currier responds that the Board of Adjustment will still handle them the same way and reiterated the points from the Master Plan meetings and hearings; and the plan is to work on this for future town meetings.

Ward asked if Town Counsel should be notified for review. Currier responded that as it is not being changed at this time, the Board will not seek Town Counsel’s input. Currier also indicated that there is a new Board of Adjustment, and housekeeping has been undertaken, and the Board of Adjustment will consider the Master Plan in their decisions.

Warzocha stated that this is a big task, and as the Zoning Ordinance does not allow for any commercial zoning, the Additional Special Exception is in place.

Ward asked if the Additional Special Exception was in the original Zoning Ordinance. Currier responded that the Zoning Ordinance authorizes the Board of Adjustment to grant an Additional Special Exception. Ward asked if there will be a warrant article for the Additional Special Exception for the 2015 Town Meeting, and Currier responded yes, that is the plan. The public hearing for Article IV was closed at 7:56 PM.

The public hearing for Article V (Changes to the process for Board of Adjustment fees) was opened at 7:56 PM. Ward stated that the process for Board of Adjustment fees is already the authority of the Board of Selectmen, and Mishcon agreed. The public hearing for Article V was closed at 7:57 PM.

Currier stated he feels the Board should pull Amendment 3, Article IV, and the Board agreed.

Non-Binding Consultation: Lenny Caron for proposed excavation operations off Bridge Road near the Blackwater River

Caron presented a map of the location and explained that he had previously received a Special Exception from the Zoning Board with the condition that the Planning Board has to deem the site appropriate for the use. He is currently looking for permission from the State for access over the railroad bridge; however, this access has not yet been arranged.

Caron gave a brief history of his process and identified the areas of excavation to the board. Currier asked if the Board of Adjustment approved only certain areas, and Caron responded no.

Warzocha asked if he would do a ledge pit also, and Caron responded that yes, he would like to do something with the ledge eventually.

Coolidge questioned what the Planning Board is faced with, and the response from Currier was a complete Special Exception process, which includes the Planning Board determining whether the site is appropriate for the use. If it is deemed as such, a site plan review public hearing would be necessary, and any necessary local, state, and federal permits would be required to be obtained.

Coolidge asked if suitability has anything to do with access, and Currier responded that it has nothing to do with access.

Teach asked what the Board of Adjustment did with this, and Caron responded that they approved a Special Exception with the condition that the Planning Board find the site appropriate for the use.

Coolidge asked if there would be reclamation, and Currier responded that this would be required through state and local permits.

The Board voted to accept the application and will make a determination at the January 28 meeting.