01/04/2023 PB Meeting
TOWN OF BETHLEHEM
2155 Main Street
Bethlehem, NH 03574
TOWN OF BETHLEHEM
Planning Public Hearing
January 4, 2023
Minutes
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Present: Chair Mike Bruno, Vice Chair Anthony Rodrigues, Veronica Morris, Kim Koprowski, Martie
Cook, Chris Jensen, Kevin Roy, and Alecia Loveless
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Meeting opened at 6:00 pm with the Pledge of Allegiance.
Mike Bruno reads the Public Hearing Notice:
The Bethlehem Planning Board will hold a public hearing at the Town Hall on Wednesday, January 4, 2023, at 6:00 p.m. to receive public comment on the following amendments proposed for the Zoning Ordinance of the Town of Bethlehem, New Hampshire.
Proposed Amendment No. 1 would make revisions throughout the Zoning Ordinance to clarify, update, and correct terminology; improve consistency; make editorial corrections; update agency references; remove redundant, unused, and unneeded language; improve organization of the document; conform with state laws and court decisions such as regarding accessory dwelling units, signs, and the Zoning Board of Adjustment; and incorporate the stand-alone wind energy ordinance adopted in 2011. Also renumber document accordingly after making changes and incorporating any additional amendments approved by voters.
Proposed Amendment No. 2 would update language in Article XIV Floodplain Development and Article XXI Definitions as required for continued participation in the National Flood Insurance Program.
Proposed Amendment No. 3 would update language in Article II General Provisions and Article XI Multi-Family Dwelling Unit Development in order to make the parking requirements in the Zoning Ordinance consistent with the requirements in the recently updated Site Plan Review Regulations. Detailed requirements would be removed from the Zoning Ordinance and the requirements contained in the Site Plan Review Regulations would be included by reference.
Proposed Amendment No. 4 would add Home Businesses as a Permitted Use (Article V), accessory to any dwelling (Article XXI Definitions), with an application to the Planning Board for Site Plan Review required when the public or certain types of impacts are involved (Article II General Provisions).
Proposed Amendment No. 5 would amend Article IV Nonconforming Uses, Structures, and Lots to allow nonconforming lots to be developed if setbacks can be met and water and wastewater rules met, and would give the Zoning Board of Adjustment the ability to grant Special Exceptions to allow expansion of nonconforming uses under certain conditions.
Proposed Amendment No. 6 would amend Article V Zoning Districts and Uses to bring the Zoning Ordinance into compliance with the provision of RSA 674:32 Manufactured Housing which prohibits requiring a Special Exception for manufactured homes on individual lots unless a Special Exception is also required for single family homes.
Proposed Amendment No. 7 would replace existing language in Article VI Signs with language from the recently updated Site Plan Review Regulations for consistency.
The public can participate in this hearing either in person or by Zoom videoconference by following the link found on the Town of Bethlehem website bethlehemnh.org. The complete text of the amendments is available for review on the Town website and in the Planning and Zoning Office at the Bethlehem Town Hall during regular business hours. Written comments must be received by the hearing to be considered. Mail to: Bethlehem Planning Board, P.O. Box 189, Bethlehem, NH 03574.
Mike asks Tara Bamford to share the proposed amendments on her screen and proceeds to review the amendments article by article. A copy of Tara Bamford’s working document is attached here as record. These minutes will document any board discussion and/or public input per Article.
Proposed Amendment No. 1 – Housekeeping/Clean-up
This amendment would make revisions throughout the Zoning Ordinance to clarify,
update, and correct terminology; improve consistency; make editorial corrections; remove
redundant, unused and unneeded language; improve organization of the document;
conform with state laws and court decisions such as regarding accessory dwelling units,
signs, and the Zoning Board of Adjustment; update agency references; and incorporate the
stand-alone wind energy ordinance adopted in 2011.
Also renumber document accordingly after making changes and incorporating any
additional amendments approved by voters.
- Article I. Title, Authority, and Purpose. No public Comment/No Changes.
- Article II. General Provisions. Minor terminology changes to meet the RSA.
- Article III. Solid Waste Facilities. Renamed Article, otherwise no changes.
- Article IV. Non-conforming Uses, Structures, and Lots. Changed “regulations” to “ordinances”
- Article V – Zoning Districts, Uses, and Dimensional Standards. Terminology changes to clear up language. This will help the board better determine what needs to come before the board for Special Exception.
- Article VI- Signs – Cleaned up language. Tara would like to make a change to the language in section C by removing the comma after the word “manner” to make the language clearer; Signs and structures shall not be illuminated in any manner which causes undue distraction, confusion, or hazard to vehicular traffic.
- Article VII – Sludge – no changes.
- Article VIII – Lighting – Covered in a later amendment.
- Article IX – Condominium Development
- Article X – Conversion to the Condominium Form of Ownership
- Article XI – Multifamily Dwelling Unit Development – Needs changes to terminology to comply with law. The terminology is currently misleading.
- Article XII – Cluster Developments – Add on for lot area to include recreational space.
- Article XIII – Manufactured Housing – Updated to match State and HUD requirements.
- Article XIV – Floodplain Development – This is addressed in a separate amendment.
- Article XV – Personal Wireless Service Facilities (PWSF) – No substantive changes.
- Article XVI – Aquifer Protection Ordinance – No substantive changes.
- Article XVII – Small Wind Energy Systems (Formerly Impact Fees). Impact Fees was removed because it was never used. We also lack the infrastructure to manage impact fees accurately.
- Article XVIII – Enforcement of the Zoning Ordinance – Cleared up terminology by simplifying to make it clearer.
- Article XIX – Zoning Board of Adjustment – Zoning RSA’s information was added.
- Article XX – Penalty – No substantive changes.
- Article XXI – Definitions – Accessory Dwelling Unit is an addition. Mostly the Gravel Pit inspection terminology has been removed.
- Article XXII – Amendments – No substantive changes.
- Article XXIII – Saving Clause – No substantive changes.
- Article XXIV – Effective Date – Changing the effective date once Amendment No. 1 passes.
Proposed Amendment No. 2
This amendment would update language in Article XIV Floodplain Development and Article XXI Definitions as required for continued participation in the National Flood Insurance Program.
- This amendment must pass for residents to purchase Flood Insurance.
Proposed Amendment No. 3
This amendment would update language in Article II General Provisions and Article XI Multi-Family Dwelling Unit Development to make the parking requirements in the Zoning Ordinance consistent with the requirements in the recently updated Site Plan Review Regulations. Detailed requirements would be removed from the Zoning Ordinance and the requirements contained in the Site Plan Review Regulations would be included by reference.
- This change would give the Planning Board more flexibility to consider things like off-sight parking, public parking, and shared parking, which right now only exists in the Main Street district.
Proposed Amendment No. 4
This amendment would add Home Businesses as a Permitted Use, as an accessory use to any dwelling, with an application to the Planning Board for Site Plan Review required when the public or certain types of impacts are involved.
Mike explains that the Board did not want to limit what could or could not be a home business, but wanted to take into consideration what kinds of activities might impact your neighbors. Such as; if customers regularly visit your property you would have to come before the board. If you are running a mail order business, you would not need to come before the board. This ordinance