Town of Sanbornton, NH - Planning Board Minutes Draft 5/17/05

The meeting opened at 7:02 pm with the following members present: Helmut Busack, Chairman; Dick Gardner, Alternate; Carmine Cioffi, Alternate, Jim Wells, Alternate; Andrew Livernois, Selectmen’s Representative, and David Lorch Town Planner. Don Bormes and Ralph Carter were absent.

2. A Subdivision application P05-S03, to create 3 residential lots from Map/lot 21/18 located on 401 Pound Road, Yvonne Del Pozzo owner. David Lorch recommended to the board, to table this application review until next month. Mr. Lorch explained that it was brought to his attention that there was 1 abutter not notified. Mr. Bailey represented the applicant. The board agreed to table this until June 21^st @ 7pm, this will serve as notice.

Tracey Wood an abutter notified the board that the tax maps seem to be mislabeled in the lobby. Dave Lorch will look at them tomorrow and Ms. Wood will come in to see Dave about this.

3 a. Continued from April 21^st meeting. Site Plan application P04-SP01 proposed by applicant and owner Lepene Land Holdings, LLC where the owner is proposing to develop a retirement community of 48 units located on Morrison Road, map/lot 9/98 in the Agricultural zone in accordance with Article 4, Section Q of the Sanbornton Zoning Ordinance.

Jane Goss voiced to the board a possible conflict of interest she felt that Jim Wells has on the board at any time when this subdivision is being discussed. She feels that Jim is working on several projects with this applicant in town and it felt it was a conflict. Jim Wells responded that he did not feel that there was any conflict. Dick Gardner read RSA 673.14 to the board that outlines what a conflict would be considered. After discussion, the board agreed that there is no conflict. Jane stated she want this documented in the minutes. Comments and concerns were also voiced by Janet Stinson and Jody Slack.

Carmine Cioffi made a motion to not have Jim Wells part of the Planning Board with regards to the Country Oaks Project. Further discussion of the board, vote taken 2-I’s and 2 Nay’s. Motion failed. Jim remained on the board.

Paul Boudreaux who represents the applicant, offered that no vote was being taken tonight and that this is just a presentation and to proceed with the merits of the presentation.

Rick Lepene presented the board a copy of plans and is here tonight to present the technical highlights of the 48 unit, senior housing project for a 55+ community. Mr. Lepene started his presentation with sample pictures taken from a project in Boxboro MA. Mr. Lepene states he went for 2 days and talked with some of the residents and the architect. Mr. Lepene recognizes presenters as Bruce Lewis a Professional Engineer from Londonderry NH to discuss the water supply for the community water system, Harold Davis, who designed The Clean Solution, TM,septic system, representing Waste Water Alternatives, Inc. and Russ Thibeault who does Economic Research and Peter Stewart Architect.

Helmut Busack opened up for public comments. Several of the abutters had questions regarding ownership of the properties, basements, impact to wetlands, septic system functionality and longevity of the system itself, ledge, outdoor lighting, parking, road size, retaining walls and life safety concerns.

Jody Slack presented the board with a letter from the Morrison Road Association drafted by their attorneys stating concerns that they would like to address later with the board. This hearing will be continued on 6/21/05. (Note: Certified and stamped plans received tonight are dated for 5/17/05)

3.b Subdivision application P04-S07 to create 17 new residential lots from both map/lot 15-64 and 16/64-2 located on Route 127 or New Hampton Road and owned by Peter and Christine Thompson and John and Donna Thompson.

Dave Lorch mentioned that the Thompson’s Attorney sent the Planning Board a letter regarding regulations. Dave reported that he emailed this to Town Counsel. The Town’s attorney replied via email and Dave passed a copy of this reply to the board members, for their review.

Attorney Philpot, who represents the Thompson’s, questioned if everyone had received a copy of his memo. He reviewed the memo in brief, regarding clarifying the language in the ordinance, that it was not interpreted but that they have complied with the state regulations.

Katie Surowiec commented that the letter was to review concerns on clarification and not for memo review and felt that something may be being brought up that was not on the notice to the abutters.

Attorney Philpot outlined the request for clarification as 1. Wavier on the road, 2. Hydro geological study request, 3. Management Plan for Open Space, and 4. Wetlands Scientist request.

Helmut Busack discussed the motion made at the 4/21/05 meeting regarding the hydro geological study and requested from Dave where it stands. Attorney Philpot stated that this sort of study is very in-depth and costly and past information out to the board, affirming that this sort of study was not needed. Further discussion of board members revealed that they may not have been clear on the request for this study. Helmut stated that the board accepted the information showing the depth of area wells.

Helmut Busack referred to a motion made at the 4/21/05 meeting regarding an in depth study by a soil scientist and opinion of a wetlands scientist. Attorney Philpot ascertained Lenny Lord, who has been on the sit with Irene Garvey. Mr. Lord is willing to submit a report. After further discussion of this issue, it was decided that Dave Lorch will make calls and get information to Attorney Philpot with 3 names to choose from. Irene Garvey commented that Mr. Lord was brought in as a 3^rd party to look at the wetlands boundaries and the Planning board had been asked if there were any questions prior and Irene stated there were none. After discussion of the board, Dave will follow up on the motion of the board and get a list of scientists. Katie Surowiec stated that she disagreed with the action.

Stewart Dyment and Susan Sleeper would like to see a 3^rd opinion form a list of independent contractors. After further discussion with the board members and the public,

Dick Gardner made a motion to postpone the request for a 3^rd independent soil/wetlands scientist, pending report from Dr. Lord who was involved with the plans that were originally submitted. 2^nd by Andrew Livernois, discussion: request was made to have this report by 6/14/05 so that the board members can review it before the 6/21/05 meeting. Vote: I’s 4 and Nay 1. Motion passed. Attorney Philpot thanks the board for this consideration.

Helmut Busack reviewed the motion made by Ralph Carter regarding the Conservation Commission. Dave Lorch reported that he met with the Conservation Commission on 5/12/05 and no action was taken. The Conservation Commission is waiting for a meeting to be set up with the applicants.

Attorney Philpot requested the board’s thoughts on the road. The board responded that they are waiting for a recommendation from the Conservation Commission and for them to review the 2^nd plan for the road.

Helmut Busack mentioned the permits for the entrance for the sub-division and discussion revealed that no decisions were made yet; this is on hold for now, per Dave Lorch.

Attorney Philpot mentioned the wild life preservation plan issue. He reported that there is nothing in the ordinance and he doesn’t see a need for a wild life management plan. Helmut said he would look at this.