DRAFT
PLANNING BOARD
MEETING MINUTES
September 20, 2005
The meeting opened at 7:02 PM with the following members in attendance: Helmut Busack, Chairman; Dick Gardner, member; Carmine Cioffi, alternate; James Cianci, alternate and Dave Lorch, Town Planner. Absent were: Ralph Carter, Vice Chairman; Don Bormes, member; Jim Wells, alternate and Andrew Livernois, Selectmen Representative. Carmine Cioffi and James Cianci were seated as members for this meeting.
August 16 meeting minutes:
Action on minutes postponed until later in meeting.
Old Business:
A. Thompson Cluster Development continued public hearing- No discussion. Still pending review by ZBA.
B. Country Oaks continued public hearing.
1. List of past issues and results were distributed at the meeting. See attached.
2. Status of Wetland and Traffic studies. Both the traffic study and Environmental Impact Studies have been delayed. Should be ready for next workshop meeting.
Mr. Fitzgerald, attorney for the Morrison Road Association, states in a letter to Dave Lorch, that they would like to make a written and verbal presentation to the Planning Board prior to the board’s deliberations and vote on this application. Mr. Fitzgerald also states that such a presentation will depend greatly upon the information contained within the two studies and that everyone concerned will require some time to digest the findings of the experts to possibly incorporate some of the findings into a presentation to the Board.
Rick Lepene also would like the opinions of the experts.
Mr. Nix (attorney for Mr. Lepene) suggests that copies of these reports be forwarded to the attorneys and the MRA as soon as they are received by the planner.
Helmut Busack states that when the reports become available to the planner, that the planner forward the information to all interested parties ASAP.
Mr. Lepene expresses concerns that the delay of these studies and the lack of representation for the MRA at this meeting is another stall tactic.
Cindy Merchant does not feel that there have been any stall tactics by the MRA on this application.
Mr. Bourdeau (attorney for Mr. Lepene) feels that the MRA has had the same opportunities to hire their own experts and have their legal counsel present.
Marsha Martel does not feel that the MRA has been using stall tactics. She feels that all the concerns that they expressed have been legitimate concerns.
Mr. Nix asks if there are any other issues to be addressed on their application.
Dick Gardner feels that the two studies will answer all of his final questions.
The Board will review reports at next workshop meeting.
Andrew Livernois arrives at 7:30 PM.
The MRA requests that copies of the two studies be sent directly to Mr. Fitzgerald’s office.
New Business:
A. Den Brae conceptual discussion of the golf course expansion, Gordon Craig presenting.
Helmut Busack states that anything the board and Mr. Craig discuss is nonbinding, as this is just a conceptual plan. Mr. Craig showed the board a map with the proposed expansion. The golf course will be expanded to 9 holes. He also states that he is considering subdividing his property (rd. frontage) along Prescott Rd. and Brook Rd. and selling some house lots to defray the cost of this expansion.
B. Meredith cluster subdivision on New Rd., Donna Ducharme presenting. Mrs. Ducharme presents a cluster subdivision plan that is 210 acres in total. Each of her lots will be about 14.98 acres with over 100 acres committed to Green Space. Her subdivision is located in Meredith but borders Sanbornton Town Line. The Conservation Commission states that they have no concerns.
The only Concern the Board has is traffic impact. Mrs. Ducharme will give a copy of the traffic report to Dave Lorch when they receive it.
C. Subdivision application for a Boundary Line adjustment on Normandin Drive, Joseph and Rita Gage, Norman, Gerard Jr., Thomas, Kathleen O’Neil owners, map 17 lots 15 & 16, Recreation Zone.
Carmine Cioffi makes a motion to accept the application as complete. Andrew Livernois seconds the motion. Vote: Unanimous. Motion passed.
Ron Johnson presents. He requests a transfer of 720 ft. of beachfront to Tax Lot 17-15. He feels that this transfer will enhance the value of the property. Mr. Johnson requested four waivers:
1. 2' margin on left side of plan.
2. Contour lines at 20' intervals.
3. Location of existing buildings within 100' of subdivision on abutting lot.
4. Location of natural features.
Lynn Wilson-Lynn G. Wilson Trust, states that she never agreed to this. She questions her right of way for beach access.
Mr. Johnson states that the new owner’s deed will state that it is subject to this easement. Lynn Wilson will still have her right of way.
Carmine Cioffi makes a motion to approve subdivision PO5-SO9, Boundary Line Adjustment on Normandin Drive. Andrew Livernois seconds the motion. Vote: Unanimous. Motion passed.
D. Subdivision application for 3 lots on Rufus Colby Road, Leon, Florence and Sharon Griffin and Danny Nadeau owners, map 15 lot 76-1, Agriculture Zone.
Helmut Busack steps down as Chair (abutter). Dick Gardner takes over a Chair for this application only.
Andrew Livernois makes a motion to accept application as complete. Carmine Cioffi seconds the motion. Vote: Unanimous. Motion passed.
John Suldenski presents. Mr. Suldenski is the buyer of one of the proposed lots. The proposal is to take 2 acres away from lot 76-2, leaving the lot minimum of 3 acres. Lot 76-1 is 23 acres in size and 2 lots of 3 acres each will be divided out. Lot 2 will be a lot surrounding an existing house. Lot 1 will be at the southern tip of the parent lot. Mrs. Griffin’s house will be left on the original lot. This house is not indicated on the plan.
The Board requests that the house be recognized on final plan and that there be 5% set-aside.
The Griffins feel that the set-aside is unconstitutional.
Evelyn Auger explains what a set-aside is.
Peter Thompson explains the requirements for a set-aside.
Mitch Lewis suggests that Shute Hill was one of the roads. that was declared Premature For Development until the road was upgraded.
Helmut Busack also suggests that Zoning Ordinances show that there are 4 areas or roads in town that show premature for development and Shute Hill was one of them.
Wayne Elliot feels that these people own this property and should be allowed to subdivide if they wish to.
Evelyn Auger feels that there should be some kind of balance somewhere on what is premature for development and how long this should stand without some kind of improvements to the road.
Don Gagne-Rufus Colby Rd., states that emergency vehicles cannot even get up Shute Hill Rd.
Public Hearing closes.
Next Workshop meeting- fined the ordinance standing on premature for development. Check set-aside in the ordinance. Find reference in minutes to Tardif development. Continue public hearing on Oct. 4 at 7:00 PM Workshop Meeting.
Helmut Busack returns as Chairman at 9:20 PM.
E. Subdivision application with a revised plan for 9 lots on Mountain Rd., Morrison Realty owner, map 8 lot 17, Agriculture Zone. Mr. Morrison states that he does not have final DES approval, so he will not be presenting tonight. Public Hearing continued to Oct. 18.
Other Business:
A. Registration forms for State Fall Planning and Zoning Conference. Get applications in early to guarantee your space.
B. Schedule Joint Land Use Board Meeting. Scheduled tentatively for Oct. 20 and alternatively set for Oct. 27. The theme for the meeting will be a discussion regarding Development of Master Plan and Growth Management.
Planners update:
LRPC Dues: Recommendation to Selectmen-Do not pay dues.
Dick Gardner makes a motion to pay LRPC dues for this year. Andrew Livernois seconds the motion. Vote: 1 for and 4 against. Motion defeated.
Books for NH Planning and Land Use Regulations- 11 will be ordered.
Meeting Minutes for August 16, 2005:
Dick Gardner makes a motion to accept the minutes with two changes. The word recuses was misspelled in two places as rescues. Change this. Andrew Livernois seconds the motion. Vote: Unanimous. Motion passed.
Note: POW-MIA Flag to be raised in front of library on Sept. 26 at 4:30 PM.
Meeting adjourns at 10:10 PM.
Respectfully submitted by
Daureen Harding
Planning Board Secretary
A LIST OF CONCERNS REGARDING THE COUNTRY OAKS PROPOSAL AIRED BY THE PLANNING BOARD
From July 2004 through August 2005
2004
July 15th
Interpretation by the Planning Board that elderly housing is only allowed in the Commercial District.
August 19th
Motion by the Board to rescind their previous decision that elderly housing is only allowed in the Commercial District, as a result of additional information.
2005
January 20th
Request for a Technical Review Meeting to be scheduled.
Response: Meeting was held.
What will the ownership of the units be like?
Response: Condominium
When a unit is sold what assurance do we have that it will remain elderly housing?
Response: The requirement will be written into the bill of sale.
How can we be sure the property will be well maintained?
Response: There will be a Condominium Committee to ensure good property maintenance.
Request for our attorney to address 4Q Sec. 2 G – number of units allowed.
Response: 4 units per acre.
February 17th
What is our attorney’s recommendation on how to treat Tilton Bridge Road as the primary access to the proposal?
Response: Approval of the Site Plan can be contingent on the disposition of the abandon road as a condition of approval.
April 7th
The conceptual plan for Country Oaks needs a surveyors stamp.
Response: Plans in the future will contain surveyor’s stamp and signature.
Chairman did not open a public hearing during Planning Board review for plan acceptance.
Response: Not required.
May 17th
Board’s concern over a possible conflict of interest by alternate Jim Wells.
Response: Board determined and voted no conflict of interest. Wells remains on the Board to hear Country Oaks application.
June 21st
Motion to retain a Wetland & Soil Erosion Control scientist to conduct an environmental impact study. Motion to have a Traffic Study conducted.
Response: Board voted to have both studies done.
July 19th
The traffic study should also include bottlenecks on access roads which go from 2 lanes to a single lane and that it address the adequacy of Turkey Bridge. Also acquire the State inspection report for Turkey Bridge.
The wetland study should address how snow removal will affect wells and nearby aquifers.
Response: These factors will be addressed as much as possible given the scope of the studies.
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