PLANNING BOARD
MEETING MINUTES
April 07, 2005
The meeting opened at 7:02 PM with the following members in attendance: Helmut Busack, Interim Chairman; Andrew Livernois, Selectmen Representative; Members: Don Bormes, Dick Gardner and Ralph Carter; Alternates: Jim Wells and Carmine Cioffi and Town Planner, Dave Lorch. Ralph Carter was moved up from alternate to regular member by the BOS on 4/6/05.
Helmut Busack opens the meeting with the announcement of Chairman Bill Whalen’s resignation.
March 17, 2005 Meeting Minutes:
Ralph Carter makes a motion to accept the minutes with the following changes:
1. Page 1, under Rick Lepene, add the word former before Tilton Bridge Road.
2. Page 2, under Ralph Carter, delete the word is from It is was.
3. Page 3, under Cindy Merchant, add the word former before Tilton Bridge Road.
Don Bormes seconds the motion. Vote: Unanimous. Motion passed.
Old Business:
Country Oaks
A statement was read by the Interim Chair of the Sanbornton Planning Board, Helmut Busack.
The original Country Oaks site plan was presented as a conceptual site plan to the SPB. It did not receive a surveyors stamp nor did it feature a surveyor’s signature, when it was accepted at the second hearing, where it became part of a completed application. This was an error on the part of the SPB. However, in later reviews the SPB discovered a major inaccuracy in the site plan, as presented.
- On 3/17/05 the SPB was presented with a new Country Oaks partial conceptual PROGRESS PRINT ( once again no surveyors stamp nor signature ), which the board assumed had been reviewed by its planner prior to the SPB meeting. That was not the case. This was another error by the SPB.
- The SPB proceeded to discuss the new Country Oaks partial conceptual PROGRESS PRINT with the applicant and did not open the meeting to the public or allow the abutters to testify per RSA 676:4 I 2 (e). This was a gross error by the SPB and violated the law. None the less, the SPB made a motion (with out any technical review or in depth study) to declare the new Country Oaks partial conceptual PROGRESS PRINT a minor change to the original conceptual site plan. This was another major error by the SPB.
- In view of all the errors that occurred in the past, the Interim Chair of the SPB would like to extend his sincerest apologies to all involved. However the gross violation that occurred on 3/17/05, not allowing the public or abutters to testify, will and cannot be allowed.
- In order to provide fair and reasonable treatment for all parties and persons per RSA 676: 4 IV.
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- I will now entertain a motion; To retract the motion made on 3/17/05, considering the new COUNTRY OAKS partial conceptual PROGRESS PRINT, a minor change.
- If the new COUNTRY OAKS partial conceptual PROGRESS PRINT should not be accepted by the SPB at tonight’s are meeting, the SPB is not opposed to the applicant moving forward with his original plan as it was accepted.
Don Bormes seconds the motion. Vote: 4 for and 1 abstain. Motion Passed.
The motion was discussed in great length by the board and the Meeting is now open to the Public.
Public Hearing:
Stephan Nix- Outlines their original proposal versus new proposal concerning the former Tilton Bridge Road. He feels that this type of change is a common occurrence in the planning board process. Mr. Nix contends that this is a minor change.
Will Ellis- Has anyone on the board got any special interest or financial gains to be made on this project. He would like a role call from the board.
Helmut Busack- calls the role of all members, alternates and Planner. Each member stated they had on conflict of interest.
Jody Slack- listed several concerns.
1. Would like to see a full scale plan.
2. Feels Lot is nonconforming.
3. Feels Rd. exceeds 1,000 ft. length limit.
4. Entrance has been moved.
5. Rd. encroaches on Mr. Robinson’s property.
6. No Septic plan or design.
7. Units have been rearranged and a barn added.
8. Walking trails and Gazebos appear to have been removed.
9. Buildings C, E and F encroach on the boundary line.
10. Garages and parking spaces have changed.
11. Parking Lot is a lot closer to wetlands.
In Conclusion, Jody feels that the change is a major change.
Cindy Merchant- states that the new plan now shows only one access rd. in and out, which will cause problems for the fire and emergency departments.
Jody Slack- submits memo to the board from attorney Tanguay dated April 7, 2005. (SEE ATTACHED).
Stephan Nix- states feelings that the changes made were minor changes made in a progress print.
Marsha Martel- expresses concerns of emergency situations, fires etc. and not having the ability for emergency vehicles to get in and out could also potentially cause problems for the abutters .
Public Session Closed.
Board Discussion:
Dick Gardner- still feels that the changes are minor.
Helmut Busack- feels that the prints should have a surveyors stamp and signature. Feels also that this should be a procedural rule.
Peter Thompson- states that the stamp and signature are a requirement.
Stephan Nix- states that standard operating procedure does not require surveyors stamp and signature on all plans.
Ralph Carter- feels that the applicant is trying to address the site plan changes which have been suggested by the Board.
Jim Wells- feels that this is a minor change.
Carmine Cioffi- feels that the applicant should come back with a good set of plans, meeting required setbacks etc. with surveyors stamp and signature.
Stephan Nix- requests that someone make a motion as to whether this is a major or minor change.
Helmut Busack makes a motion to consider the changes a major change. There was no second to the motion. Motion Failed.
Andrew Livernois makes a motion to follow Town Counsels advice and consider the change a minor change. Dick Gardner seconds the motion. Dick proposes an amendment that we reaffirm the motion of 2 weeks ago, that this is a minor change to the site plan of Country Oaks. Andrew Livernois accepts the amendment. Don Bormes seconds the amended motion. Vote: 4 in favor, 1 opposed.
Dick Gardner moves to amend the motion by replacing the word motion with the word decision. Ralph Carter Seconds the motion. Vote on the amendment: 4 for and 1 against.
Dick Gardner moves to accept the motion as amended. Ralph Carter seconds the motion. Vote: 4 for and 1 against. Motion passed.
Helmut Busack makes a motion that the applicant follows town rules and submit a complete Site Plan
With Surveyors Stamp and Signature. Ralph Carter seconds the motion. Vote: Unanimous. Motion passed.
Rick Merchant- feels that rd. frontage is still an issue.
Bonnie Ellis- requests that board members visit the site and that a large scale plan be available for next meeting.
Stephan Nix- feels that visiting the site is a great idea.
Cindy Merchant- issue of Tilton Bridge Road is not a resolved issue.
Jim Wells- requests that Mr. Bobula's concerns on min. lot size, rd. frontage and setbacks be addressed.
Mr. Wells answers with a statement from Town Counsel. Town Counsel states that
Regarding conformance on Road Frontage, It is pre-existing and cannot be denied development.
It is decided at this point that the next meeting on the Country Oaks Development will be 5/17/05 at 7:00 PM.
New Business:
Andrew Livernois makes a motion to switch Planning Board Meetings to Tuesday Nights, beginning
In May. Dick Gardner seconds the motion. Vote: 4 for and 1 against. Motion passed.
Dave Lorch hands out paperwork on Planning Board Members terms. He would like the board to
review their terms and notify him of any corrections.
Election of officers:
Dick Gardner nominates Ralph Carter as Chairman. Andrew Livernois seconds the nomination.
Don Bormes nominates Helmut Busack as Chairman. Andrew Livernois seconds the nomination.
Vote: 3 for Helmut Busack and 2 for Ralph Carter. Helmut assumes position of Chairman.
Helmut Busack nominates Ralph Carter as Vice Chairman. All voted in favor. Ralph assumes position
Of Vice Chairman.
Helmut Busack makes a motion to adjourn the meeting at 10:05 PM. Don Bormes seconds the motion.
Meeting adjourned.
Respectfully submitted by
Daureen Harding
Planning Board Secretary
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