Town of Sanbornton
P.O. Box 124 573 Sanborn Road, Sanbornton NH 03269 Tel. 603.286.8303 Fax 603.286.9544
PLANNING BOARD MEETING MINUTES
DECEMBER 20, 2005
The meeting opened at 7:02 pm with the following members present: Helmut Busack - Chairman, Dick Gardner, Carmine Cioffi - Alternate; James Cianci - Alternate, Don Bormes, Guy Guinta - Selectmen’s Representative and Town Planner David Lorch. Andrew Livernois and Ralph Carter were absent.
December 6, 2005 meeting minutes
Minutes unavailable, secretary was absent. Next meeting there will be three sets of minutes to approve. Katy Kannaly-DeCarteret was present to take the minutes.
New Business
4.a. Application P05-S11 C. Warren Johnson Family Trust owner, map 17 lot 17, located on Lower Bay Road and Cogswell Road, for subdivision approval to create one additional lot, in the General Residential zone and included in the Wetlands Overlay District. Ron Johnson Land Surveyor, was presenting for the owner. Mr. Johnson discussed and reviewed the proposal, addressing lot size and frontage requirements that will be met and the request for a waiver of the 5% set aside at this time as the owner is unsure of the future plans and the possibility of future sub-division.
Dick Gardner referred to Dave Lorch regarding the notation of the 5% set aside. Dave Lorch recommended that a note be put on the Mylar and on file also suggesting a motion to state the same.
Abutter Richard Seipt stated concerns about a stream that runs through the property and the culverts that washed out with this past year’s rain. Mr. Seipt was concerned of the run off to Cogswell Road and how he has had to repair this in the past year. Mr. Johnson confirmed that this is a private right of way and it is not a town maintained road Chairman Busack referred Mr. Seipt’s to the Board of Selectmen for road issues and to the DES for run off issues. Abutter Charlie Arena stated he had no objection to the sub-division but questioned the board regarding his property line being in the middle of the road. Mr. Arena was referred to the Board of Selectmen. Board members discussed that the brook should be outlined on the Mylar and maps also the size of the culverts and the
outline of the wetlands that may contribute to the water flow issue, for future reference. Chairman Busack discussed his concerns with the well radius going into the road and that the safety circle needs to be pulled back off the right of way. Dave Lorch recommends waving the requirement of granite bounds.
Dick Gardner made a motion to grant the subdivision application P05-S11, from map#17 lot #17 identified on the plan entitled “Subdivision for C. Warren Johnson Family Trust” designed by Harold Johnson, Inc. with the following waivers: 1. That structures located 100’ of lot lines be indicated on the plan, 2. That the wetlands be shown through out the larger lot and with the conditions that the 5% set-aside area not be shown on this subdivision proposal but will be noted on the plan margin for reference in future subdivisions. Chairman Busack added that Wetlands should be shown through the 3.11 acre lot and brook and culverts be shown with 100’ minimum of the brook and the well safety radius is fully contained within the lot lines. 2nd by Carmine Cioffi, all were in favor,
motion carried.
4.b. Application P05-S12 C. Warren Johnson Family Trust owner, map 12 lot 97 located on Johnson Barn Road, Lower Bay Road and Leighton Estates Road, for subdivision approval to create on additional lot, in the General Residence zone and included in the Wetlands Overlay district. Ron Johnson Land Surveyor, was presenting for the owner. Mr. Johnson discussed and reviewed the proposal, stating that there are no wetlands on the east side of the lot and requested a waiver for the building located within 100’ lot line and requested a wavier for the 5% set aside due to the premature nature of development.
(P05-S12-A) This application also includes expanding the bounds of an existing family cemetery located within the same lot (map 12 lot 97).
Mr. Johnson described the cemetery proposal off Lower Bay Road, east of the existing cemetery, it would cover 3,934 sq. ft. and 48 burial sites are proposed, with a clause, that the town will keep records of death respectively. Board’s members recommended that the owner set up a trust for perpetual care of the cemetery, similar to the current trust funds in town.
Abutter June Brindley questioned if the there were plans for the sub-division to go down Cogswell Road where the cottages are. Mr. Johnson stated that the proposal is not going down that way.
@ 7:45 pm hearing was closed to the public.
Dave Lorch recommend to the board to keep the sub-division and cemetery separate.
Dick Gardner made a motion to grant approval for application P05-S12 from map 12 lot 97, identified on the plan entitled “Subdivision for C. Warren Johnson Family Trust” designed by Harold Johnson, Inc. with the following waivers: 1. Structures located 100’ of lot lines be indicated on the plan, 2. Wetlands be shown through out the larger lot, for the full 55.24 acres and conditions that the 5% set-aside area not be shown on this subdivision proposal but will be noted on the plan margin for reference in future subdivisions. and receipt of a Mylar and four paper prints of the final plan for recording purposes be sent. Note that bounds are in. 2nd by Carmine Cioffi, all were in favor, motion carried.
4.b.-A Cemetery, with no comment from the public @ 7:53 pm the public comment was closed. Dick Gardner made a motion to approve application P05-S12(A) submitted by Warren Johnson Family Trust for map 12 lot 97, the addition to the lot on Lower Bay Road, per plan received, dated 11.30.05 for 48 burial plots, 2nd by Carmine Cioffi, all were in favor, motion carried.
4.c. House development by Todd and Cindy Pickering. The house appears outside the approved building envelope, map 21 lot 60-1 on 292 Pound Road. Dave Lorch reported that Todd & Cindy Pickering in the process of obtaining a mortgage found that the building was found to be outside the envelope as document in 1992. Todd Pickering stated that the mobile home was put there in 1994 and has currently been put aside to build a house and there are seasonal spring run off but no wetlands. After discussion, Dick Gardner made a motion that in order to confirm compliance with town ordinances, the Sanbornton Planning Board needs certification from a wetlands scientist that there are no wetlands within 100’ of the south and west side of current structures on the lot (map 21 lot 60-1) 2nd by Don Bormes, all were in favor, motion carried. Dave Lorch will handle correspondence when the letter comes from the Pickering’s.
Old Business
5.a. Continued public hearing on subdivision application P05-S10 for 3 lots on Rufus Colby Road, Leon, Florence and Sharon Griffin and Danny Nadeau owners, map 15 lot 76-1, the agriculture zone.
Chairman Busack stepped down from the board and appointed Don Bormes Chair for this hearing and Don appointed James Cianci Alternate to replace him. Dave Lorch gave a review of the outstanding issues. Dave also referred a handwritten letter from board member Ralph Carter who could not be present tonight. Copies were given to land owner. Member Cianci described what he witnessed at the site walk which was held on November 26th. Member Carter was the only other board member attending the site visit. John Suldinski addressed the board on behalf of the Griffins. Mr. Suldinski stated that back in October they were asked to bring a septic design and that the premature for development issue was discussed. They came back in November and feels that all of the boards requests have been
met. In addition, Mr. Suldinski requested that the minutes from that November meeting be re-transcribed and upgraded to add information that he feels is missing from the discussion at that meeting. Don Bormes stated that the boards concerns are still the same now as they were then. Don also reviewed the issues that arose during the site visit and that certain people were not allowed access to walk the lot. Mr. Suldinski states that the Griffin’s came in November with measurements on all road issues and the town is allowing other buildings in this area. Clarification was given to Mr. Suldinski regarding building on a lot verses sub-divisions and who the responsible boards are for each process. Issues were discussed regarding town services accessing this area. Florence Griffin stated that she has not had any problems getting services up the hill on over 50 years.
Mr. Suldinski discussed the previous issue of septic designs and showed the board his state approval document and plans for the house he wishes to build.
Abutter Helmut Busack read minutes of the Sanbornton Planning Board from April 1, 1988 referencing the last request from the Griffin’s and the board’s decision in 1988 for sub-division of this land. Mr. Busack also stated that state law provides that if someone is not allowed to go on a site walk that a hearing be denied. He referred the public and the board members to look up RSA 676:16, 676:17 and 676:17a. Abutter Don Gagnon stated he spoke with the fire chief and the road was not accessible in the spring and the sub-division is putting lives at risk. Florence Griffin commented that the emergency services accessed that road just fine. Don Bormes stated that last spring would not be considered the norm for conditions of our roads. Mr. Suldinski expressed that the 1988 approval that Mr. Busack
read referenced road conditions and he feels that the roads should be better in 2005. Clint Griffin added that the road has been passable by large logging trucks for the past 15 years. Mr. Busack also commented about the gravel pit issues as an abutter.
Selectmen Guinta commented that the board of Selectmen is looking at Shute Hill as one of the roads in town that will have work done after spring thaw. Guinta also requested of the Griffin’s that Mr. Busack be allowed to walk the lot. Mr. Suldinski reiterated that at the last meeting, it was stated that the walk wasn’t opened to the public and non-board members. He feels that if Mr. Busack has to step down due to conflict that he isn’t a board member and therefore not allowed to walk the lot. Don Bormes informed Mr. Suldinski that Mr. Busack does not have to step down, that it was his personal choice. Jim Cianci commented that his understanding was that the board held a public meeting that was posted and that no exclusions would be made.
After discussion, Dave Lorch requested that the issues be broken down and that if the board does not want to approve the sub-division the Griffin’s will have to re-submit a new plan. Don Bormes and Dick Gardner stated that they felt is was premature to develop in this area and that the road issue has been ongoing concern for other residents on that road.
Carmine Cioffi made a motion to deny without prejudice and to come back with further study at a later date, with the intent to reconsider reapplication when Shute Hill is upgraded. 2nd by Jim Cianci, all were in favor, motion carried.
Dick Gardner requested a note be made in these minutes to declare the top of Shute Hill and Rufus Colby Road, premature for development as stated in 1988. Gardner also requested that Dave Lorch send a letter to the Board of Selectmen to inform them that this has been reaffirmed by the Planning Board.
Helmut stepped back up as Chair and Jim Cianci stepped down as alternate at 9:15 pm.
5.b. Continued Public hearing subdivision application P04-S07 to create 17 new residential lots with a cluster development from both Map 15 lot 64-1 and Map 15 lot 64-2, located on Route 127 aka New Hampton Road, John and Donna Thompson and Christine and Peter Thompson owners.
Dave Lorch reviewed a letter submitted by the Thompson’s, requesting that this hearing be continued at the January 17, 2006 regular meeting of the Planning Board to present a yield plan consistent with the ZBA ruling on November 29, 2005. The Thompson‘s will notify the abutters.
Resident Jim O’Niel questioned if a scientific wetlands study has been done and Chairman Busack referred him to the planner.
5.c. Continued review of the Albert and Donna Ducharme cluster development subdivision on New Road in Meredith. Dave Lorch over viewed the plans for this subdivision. Chairman Busack expressed concern that the Planning Board wrote to the Board of Selectmen and asked for a written response and have not received one to date. Selectmen Guinta stated that to his knowledge as a selectmen, Andrew Livernois is currently working with the Selectmen in Meredith and will report back.
Albert and Donna Ducharme were present and voiced their concerns about the process that Sanbornton was following and the letters that have been written about the road issues. Specifically of concern to the Ducharme’s was the request by the Sanbornton Planning Board for a copy of the traffic study which came back as a “non-issue” and current notations that refer to road upgrades being the applicant’s responsibility. There were also questions asked of the Ducharme’s regarding their probable “home businesses”. The Ducharme’s assured the board that this too was a “non-issue” as Mrs. Ducharme does Pastoral Counseling and Yoga classes with limited traffic. Mr. Ducharme’s occupation does not have any effect on traffic, but he has an office in his
home, not a business. Mrs. Ducharme also questioned the board as to the large list of requests that came from Sanbornton when the primary affect to this lot for building is in Meredith. Selectmen Guinta commented that both town boards are working together.
Other business
6.a. Continued discussion of LRPC dues
Chairman Busack questioned whether or not payment is warranted, as the money is currently needed to pay the planner for services. Selectmen Guinta commented that meetings with the ZBA and Planning Board to get a better feel on what should be done regarding payment to LRPC.
Planner’s update
7.a. Review of the Draft 2006 meeting schedule
Dave Lorch informed the board that he is taking another position that will require him every morning of the week and that he will be in the Sanbornton Town Office every afternoon.
Dave Lorch informed the board that Jim Wells has resigned from the Planning Board.
7.b. Dave informed the board that a Dredge and Fill permit was filed for tax map 23 lot 32-2-A, to put in 2 culverts for drainage.
Budget was discussed, and an amount is needed for the planner and the dues to LRPC are still in question. Chairman Busack addressed a letter from Kim Koulet of LRPC requesting a meeting with the planning board and the request sent back by planning board. Chairman Busack feels that all information can be found in the “Planning Board in NH Handbook” to be purchased for all planning board members.
Meeting Adjournment
At 10:09 p.m., Don Bormes made a motion to adjourn the meeting, 2nd by Guy Guinta, all were in favor, motion carried.
These meeting minutes are presented December 26, 2005 as a DRAFT.
Respectfully submitted,
Katy Kannaly-DeCarteret
Acting, Secretary
Sanbornton Planning Board
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