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Town of Bethlehem
Planning Board Public Hearing
The Bethlehem Planning Board will hold a public hearing on January 11, 2017 at 6:00 pm., in the Town Building Meeting Room 3rd floor, to consider the following Zoning Ordinance Changes to be voted on at voting day on Tuesday March 14, 2017:
Finding and Statement of Purpose – Amendment #1
The Selectboard of the Town of Bethlehem has negotiated a host community agreement with North Country Environmental Services, Inc. The agreement is conditioned upon adoption of a zoning amendment to expand zoning District V to include approximately an additional 100 acres as shown on a plan that will be available at the public hearing on the matter, and in the Planning Board’s Office at the Town Hall. Landfilling would be a permitted use within the additional acreage if the amendment passes. The Selectboard, therefore, pursuant to RSA 675:3, proposes the amendment set out below for a vote at the 2017 town meeting.
PROPOSED AMENDMENT TO
TOWN OF BETHLEHEM’S ZONING ORDINANCE
Are you in favor of the adoption of Amendment No. 1 as proposed by the Bethlehem Board of Selectmen, to amend the Town Zoning Ordinances to enlarge District V (the “Landfill District”) by substituting the language below for the part of Article V entitled “District V: (Landfill District)” [existing language of Article V is displayed in regular type; language being proposed is highlighted in bold type and replaces the metes and bounds description of District V now in Article V]:
A building or structure may be erected, altered, or used and a lot may be used or occupied only for the following purposes and in accordance with the following provisions after site plan review by the Planning Board and a building permit is issued by the Board of Selectmen. For purposes of this provision, “building or structure” does not include a landfill cell (including its footprint, content and final grade slope) or infrastructure for landfill gas management, leachate management, groundwater monitoring, or storm water management which is approved by the New Hampshire Department of Environmental Services.
This District shall include the land lying within the area described as follows:
Zoning District V (162.42 Acres) as shown on attached map entitled “Zoning District V 162.42” and more particularly described as follows:
Beginning at a 4” by 4” concrete monument found up 10” with a brass cap, said concrete monument being the southeasterly corner of land now or formerly of Daniel Tucker and a corner with land of North Country Environmental Services, Inc. said monument being located N88°10’54”E a distance of 652.94 feet from a 5/8” rebar found up 7” on the easterly side line of Trudeau Road, said rebar being the southwesterly corner of land now or formerly of Daniel Tucker, and the northwesterly corner of land now or formerly of North Country Environmental Services, Inc.; thence turning and running N04°26’35”E a distance of 18.86 feet to a point; thence turning and running N05°15’03”W a distance of 471.51 feet to a 5/8” rebar found up 13”on the boundary line between land now or formerly of Daniel Tucker , and land of North Country Environmental Services, Inc.; thence turning and running N72°43’42”E a distance of 138.39 feet to a point on the boundary line between lands of North Country Environmental Services, Inc. and other lands of North Country Environmental Services, Inc.; thence turning and running N10°59’38”E a distance of 542.21 feet to a point; thence turning and running N72°52’20”E a distance of 919.09 feet to a point; thence turning and running N46°30’07”E a distance of 100.68 feet to a point; thence turning and running N34°41’55”E a distance of 53.49 feet to a point; thence turning and running N54°34’09”W a distance of 54.41 feet to a point; thence turning and running N35°31’46”E a distance of 32.50 feet to a point; thence turning and running S54°34’12”E a distance of 53.80 feet to a point; thence turning and running N34°08’42”E a distance of 118.12 feet to a point; thence turning and running N84°43’11”E a distance of 79.88 feet to a point; thence continuing N34°41’13”E a distance of 218.55 feet to a 5/8” rebar found up 12”; thence continuing N34°41’13”E a distance of 8.0 feet to a to the point in the southerly sideline of a 50’ right of way also known as U. S. Forest Service Fire Road 313; thence turning and running along the southerly side line of said right of way S54°20’27”E a distance of 54.03 feet to a point, said point being S07°33’37”E a distance of 3.38’ feet from a 4” by 4” concrete monument found up 9” with a brass cap; thence turning and running N07°33’37”W a distance of 68.61’ feet through said concrete monument to a point on the northerly side line of said right of way, said point being the south easterly corner of land now of formerly of Forest Acquisitions, Inc and a point on the boundary line of land of North Country Environmental Services, Inc.; thence turning and running along the northerly sideline of the 50’ right of way S54°20’27”E a distance of 99.43 feet to a point; thence continuing along the northerly sideline of said right of way by a circular curve deflecting to the left an arc distance of 118.30 feet, said curve having a radius of 185.00 feet and a central angle of 36°38’16” to a point; thence continuing along the northerly sideline the right of way N89°01’18”E a distance of 1001.31 feet to a point; thence continuing along the northerly sideline of said right of way by a circular curve deflecting to the right an arc distance of 256.77 feet, said curve having a radius of 431.00 feet and a central angle of 34°08’01” to a point; thence continuing along the northerly sideline the right of way S56°50’41”E a distance of 124.17 feet to a point; thence continuing along the northerly sideline of said right of way by a circular curve deflecting to the left an arc distance of 295.96 feet, said curve having a radius of 683.00 feet and a central angle of 24°49’41” to a point; thence continuing along the northerly sideline the right of way S81°40’21”E a distance of 18.39 feet to a point on the boundary line between lands now or formerly of North Country Environmental Services, Inc. and the United States of America, Department of Agriculture; thence turning and running S06°40’07”E a distance of 51.76 feet to a point the southerly sideline of the 50 foot right of way; thence S06°40’07”E a distance of 1,939.24 feet to a 2” brass disk found in a stone pile, said disk marking the southeast corner of land of North Country Environmental Services, Inc. and a corner of land of the United States of America, Department of Agriculture; thence turning and running S87°46’43”W a distance of 1,784.31 feet along lands of the United States of America to a 2” brass disk found in a stone pile; thence continuing S87°21’05”W along lands of the United States of America a distance of 551.50 feet to a 2” aluminum disk found in a stone pile; thence continuing S 87°11’37”W a distance of 1,184.03 feet to a 2” aluminum disk found in a stone pile, thence turning and running N04°23’33”W along lands of North Country Environmental Services, Inc a distance of 208.87 feet to a 1” iron pipe found up 9”; thence continuing on land now or formerly of North Country Environmental Services, Inc., N01°10’45”W a distance of 58.67 feet to a 4” by 4” concrete monument found up 5” with a brass cap; thence continuing N05°03’32”W a distance of 384.86 feet to the point of beginning. Containing 162.42 acres.
All of the above courses refer to the New Hampshire State Plane Coordinate System, Grid North, NAD 83.
District V Permitted uses are as follows:
1. Landfilling shall be a permitted use in this District.
2. Any accessory building or structure erected, altered or used in the normal
course of landfilling are permitted provided such use is not injurious, noxious or offensive to the neighborhood, and provided however that an incinerator within the definition of RSA 149-M:4(X)(a) (Supp. 2004) for the purposes of generating power and or solid waste combustion is not a permitted use and is expressly prohibited.
Finding and Statement of Purpose – Amendment #2
The Selectboard of the Town of Bethlehem has negotiated a host community agreement with North Country Environmental Services, Inc. The agreement includes the conveyance of land to the Town to be used for commercial/industrial development as permitted in the Town’s District III zone. The land to be conveyed to the Town is a portion of Map 209, Lot 27. In order to accept the conveyance, the Selectboard, pursuant to RSA 675:3, proposes to amend the Town’s zoning ordinance to transfer Tax Map 209, Lot 27, in its entirety from District II to the District III zone. The parcel is currently owned by Daniel Tucker and is under option agreement to sell to North Country Environmental Services, Inc. The Tax Map will be available at the public hearing on the matter, and in the Planning Board’s Office at the Town Hall. The Selectboard, therefore, pursuant to RSA 675:3, proposes the amendment set out below for a vote at the 2017 town meeting.
PROPOSED AMENDMENT TO
TOWN OF BETHLEHEM’S ZONING ORDINANCE
Are you in favor of the adoption of Amendment No. 2 as proposed by the Bethlehem Board of Selectmen, to amend Article V Zoning Districts and Uses, District III of the Town Zoning Ordinances to rezone Tax Map 207, Lot 27 to the District III zone by adding the Map and Lot # as set out below [additional language being proposed is highlighted in bold type]:
This District shall include all of the area of said Town of Bethlehem, lying within the boundaries of Map 405, Lot #54; Map 406 Lots #1, #2, #16, #17, #18, #20.1 through #20.4, #21.1 through #21.6, #22.1 through 22.18, #23, #24, #25, #34: Map 416, Lot #1, #2, #3, #4, #5, and #7 as delineated on the Bethlehem Tax Maps as of April 01, 1998, and including Map 209, Lot 27 as delineated on the Bethlehem Tax Maps as of April 1, 2016.
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