FINAL
DRAFT
PLANNING BOARD
MEETING MINUTES
March 17, 2005
The meeting opened at 7:00 PM with the following members in attendance: Bill Whalen, Chairman; Helmut Busack, Vice Chairman; Dick Gardner, member; Don Bormes, member; Guy Guinta, Selectman Representative; Ralph Carter, alternate; Jim Wells, alternate; Carmine Cioffi, alternate and Dave Lorch, Town Planner.
Debbie Lynch – Term expired. Decided not to rejoin.
Janet Robitaille – Term expired.
Don Bormes – Made full member.
Jim Wells – New alternate.
Carmine Cioffi – New alternate.
March 03, 2005 Meeting Minutes:
Dick Gardner makes a motion to approve the minutes as written. Don Bormes seconds the motion. Vote: Unanimous. Motion passed.
Election of Board Chairmen:
Don Bormes makes a motion to retain Bill Whalen as Chairman of the Board. Motion seconded by Helmut Busack. Vote: Unanimous. Motion passed.
Don Bormes makes a motion to retain Helmut Busack as Vice Chairman of the Board. Motion seconded by Bill Whalen. Vote: Unanimous. Motion passed.
Old Business:
Country Oaks- Attorney Stephan Nix asks if the Board has an answer on the road frontage issue.
Helmut Busack – explains that Town Counsel is leaving this issue up to the board to decide.
Rick Lepene – addresses the Tilton Bridge Rd. issue. He shows on his Progress Print the new proposed access drive plan, which shows the new entrance will come off of Morrison Road and Loop around the inside of the development, leaving former Tilton Bridge Road Roada scenic country road as it is.
Bill Whalen- Would like the Fire Chiefs input on the new entrance and the loop.
Don Bormes- asks if the entrance is a private road, who will maintain it.
Stephan Nix- says there will be a Home Owners Association.
Don Bormes- expresses some concern about the legality of the amount of units on this property.
Stephan Nix/Rick Lepene- feel that using Gross Tract Acre, it would be legal to have 60—2 bdrm. Units.
Ralph Carter- questions setbacks from Tilton Bridge Road.
Stephan Nix- setbacks are 10’ on the side and 30’ on the front. He also discusses placing property in Conservation Easement in perpetuity.
The Board discusses the ordinance for Elderly Housing and the overlays. At this point it is decided that we need a positive response in writing on this issue from Town Counsel.
Stephan Nix- wants the minutes to reflect that Town Counsels response was not made available at tonights meeting. Mr. Nix expresses concerns that major changes in the progress print, that are not accepted, can send this project back to the application process and it can be denied.
Dick Gardner makes a motion to consider this new entrance a minor developmental change, not a major one.
Helmut Busack seconds the motion. Vote: Unanimous. Motion passed.
Bill Whalen makes a motion to open the meeting to the public.
Don Bormes seconds the motion. Vote: Unanimous. Motion passed.
John Bobula- raised point of order twice. He wanted input before decision was made. He feels that the public was shut out. Mr. Bobula strenuously objects to the decision just made by the board. He considers changes made on the print, to be major changes. Mr. Bobula would like the board to reconsider their vote. He also says, if 4Q is an overlay zone- Town meeting voted to apply in all districts- purpose to provide for particular use ( Elderly Housing ). Overlay requires 3 things by ordinance:
1. Consistent with Minimum Lot Size- qualifies.
2. Consistent with frontage on public road- fails. 203’ vs. 220’.
3. Consistent with setbacks- qualifies.
If 3 requirements are not met, he feels this cannot be accepted.
Jody Slack- interprets the ordinance the same as John Bobula.
Stephan Nix- feels the frontage requirement has been met at 240’ not 203’. Mr. Nix also requests a list of the members of the Morrison Road Association.
John Bobula- says the frontage has to be on a public road.
Ralph Carter- says that Mr. Robinson owns both sides of Tilton Bridge Road. It is was recorded in Mr. Robinsons deed when Tilton Bridge Road was discontinued as a public road. There is some question as to whether the lot is grandfathered or not.
John Bobula- feels that the lot is grandfathered, but not as to the overlay.
Mr. Bobula submits memo to the planning board which was prepared by the Morrison Rd. Concerned Abutters and Neighbors. See Attatched.
Bill Whalen makes a motion to submit Memo dated 1/25/05 to Town Counsel with response in writing.
Helmut Busack seconds the motion. Vote: 4 for and 1 against. Motion passed.
Cindy Merchant- feels that Bill Whalen is very impatient with the abutters and that the planner loses things and is not trustworthy. Cindy also states that she feels that Dick Gardner seems to be very sympathetic to the applicant and not to the abutters. She also says that they own half of Tilton Bridge Rd., it is in their deed. Cindy also feels that the changes in Mr. Lepenes plan are major changes. It is also her feeling that easement/ right of ways should have been resolved be the application was accepted. Cindy also questions the setbacks. The 10’ setback is 10’ from where- center of the road?
Dave Lorch- thinks that Cindy Merchant was very disrespectful.
Jane Goss- feels that Dave Lorch should have files at hand and easily accessible.
Bill Whalen- states that neither he nor the board are sympathetic to one side or the other.
Mr. Whalen also says that he feels that the security and the integrity of the planning board files has been breached at some time or another. He feels that Documentation is not secure. Mr. Whalen addressed his concerns in a letter to the Town Administrator and the Selectmen.
Helmut Busack- questioning the change made in the plans, is it a major or minor change.
Dave Lorch- states that the concept remains the same and that changes will be made along the way.
Stephan Nix- requests that his letter of 2/3/05 also be submitted to Town Counsel. He would like to look over the Morrison Rd. Assoc. memo and make comments to be submitted to the board and Town Counsel. Tabled to time certain.
Helmut Busack makes a motion to request that Town Council answer his exact original question and verify that Gross Tract Acre refers to Gross Tract Acre or Gross Tract Acres.
The board gives helmut authority to submit query to the attorney with the planning board members on distribution.
Guy Guinta seconds the motion. Vote: Unanimous. Motion passed.
Ralph Carter- questions the wetlands impact from storm water runoff and the sewer impact on the wetlands. Mr. Carter also feels that a traffic study should be conducted.
Cindy Merchant- would like to see the vote on whether a major or minor change was made to the plan, reconsidered. She feels that the road issues need to be taken care of before any decisions should be made.
Rick Lepene- says the footprints of the buildings are not locked in. Architect will fine tune the footprints so that the proper setbacks will be in place, depending on the road issue.
Rick Merchant- Questions why prints would be submitted looking like these.
Jody Slack- feels that if all issues were answered, there would not be enough room in the plan for setbacks.
Mr. Lepene- states that the plan is only a progress print at this time and will modify it accordingly.
Cindy Merchant- feels that if Mr. Lepene had access to the former Tilton Bridge Rd., he should have come to the meeting with information to prove it.
Mr. Stephan Nix submits a letter to the board at this time. See attatched.
The board decides that the rd. frontage and rd.issues need to be resolved before this can go any further.
Helmut Busack makes a motion to accept applicants request to continue to April 21, 2005.
Guy Guinta seconds the motion. Vote: Unanimous. Motion passed.
Bill Whalen- requests that board members go over Country Oaks Project paperwork and make any additions or delete anything that needs to or already has been addressed.
Jim Wells- feels that dates should be put on projects and assignees be added.
April 7, 2005- Workshop Meeting- Board will be working on Project list- abutters were advised that they can attend and have input. Mr. Lepene will also be invited to attend.
New Business:
PO5 SO2- Victor Virgin Subdivision- Application filed 2/11/05.
Member Busack stepped down due to possible conflict of interest. Helmut knows the applicant. Ralph Carter made voting member in place of Helmut.
Don Bormes makes a motion to accept the application #PO5-SO2 submitted by Victor Virgin for the subdivision of 4 lots from Tilton’s lot R3-7.
Bill Whalen seconds the motion. Vote: Unanimous. Motion passed.
Tracey Sweeney- brief presentation of 4 lot subdivision. Lot #1- part falls in Tilton and 5,600 sq. ft. falls in Sanbornton. Tilton has already approved subdivision pending approval from Sanbornton.
No Comments.
Dick Gardner makes a motion to grant approval for the subdivision PO5-SO2 identified on the plan entitled “Subdivision Plat of the land of Victor Virgin” designed by Richard Bartlett & Associates, with the following conditions:
1. Receipt of a Mylar Print and four paper prints of the final plan for recording purposes.
2. Within eight months of this approval all boundary markers be put in place using concrete or pipe-in-stone monuments along street frontage and at the Town Line.
Bill Whalen seconds the motion. Vote: Unanimous. Motion passed.
Ralph Carter steps down as member and Helmut steps back up for the remainder of the meeting.
Bill Whalen makes a motion to adjourn the meeting at 9:35 PM. Guy Guinta seconds the motion. Vote: Unanimous. Motion passed. Meeting adjourned at 9:35 PM.
Respectfully submitted by
Daureen Harding
Planning Board Secretary
PUT IN DATE HERE
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