FINAL
PLANNING BOARD
MEETING MINUTES
March 21, 2006
The meeting was called to order at 7:04 by Chair Busack. In attendance were: Helmut Busack, Chairman; Don Bormes, member; Carmine Cioffi, alternate, Dick Gardner, member; Cindy Merchant, alternate; Ernest Martel, alternate, and Dave Lorch, Town Planner.
At 7:10 the board met with Attorney Bernard Waugh regarding the Country Oaks law suit in a non-meeting.
At 8:15 the meeting reopened and the Chairman continued with the night’s agenda. Mr. Cioffi was seated as a voting member for Ralph Carter who was absent. Also absent was Selectman representative Livernois
The draft February 21st meeting minutes were reviewed by the Board. Dick Gardner moved and Don Bormes 2nd a motion to accept the minutes as written. Motion passed.
The draft March 7th meeting minutes were reviewed by the Board. Carmine Cioffi moved and Don Bormes seconded a motion to accept the minutes as written. Motion passed.
There was no new business, old business or applications before the Board at this meeting.
Planner Update – Griffin case: The chairman stepped down and designated Don Bormes to chair the meeting in the interim. Cindy Merchant was seated as a voting member in place of Helmut Busack. Planner Lorch updated the Planning Board on the brief history of the Griffin case. Following the Planning Board denial of their subdivision, the Griffins met with the Board of Selectman. The Board of Selectman recommended they appeal to the Zoning Board of Adjustment. The Zoning Board heard the grievance by the Griffins. The Zoning Board then remanded the case back to the Planning Board for reconsideration.
The Planner explained that according RSA 674:33 which explains the authority of the ZBA, that the ZBA does not have jurisdiction over subdivisions. The Planner went on to discuss RSA 677:15 which indicates that any subdivision decision made by the Planning Board which is challenged, shall be presented to the NH Superior Court.
Comments were taken from the audience. Stanley Griffin felt the decision by the Planning Board was unfair. Florence Griffin felt the premature for development criteria should not apply to their area of town. It was explained to the Griffins that the merits of the Planning Board decision are not at issue here. The issue is over procedure and how should the Griffins appeal the Planning Board decision on their subdivision. It was explained to the Griffins they had three choices:
1. Appeal the Planning Board decision to the superior court,
2. Petition to have the zoning changed, or
3. Submit a different subdivision application
Member Gardner moved that the Planning Board not accept the ZBAs remand. Motion seconded by Carmine Cioffi and motion passed. The Planner was instructed to send a note to the Zoning Board requesting that they amend their decision regarding this case.
The Plan informed the Board that all proposed zoning changes were voted in at town election. He mentioned that the Planning Board packet contained the registration form for the spring planning and zoning conference. He encouraged Board members to attend and to submit registrations to his office. The Planner indicated that there were 4 items of correspondence in the packets and that none of the material required action by the Board.
Just before adjourning the meeting, Board members interviewed Howard Davine as a potential alternate to be appointed to the Planning Board by the Board of Selectman. Mr. Davine explained his experience in town government. Member Bormes aired his reservations on this appointment base on news clippings he has researched from Hampstead. Carmine Cioffi recommended holding off on recommending Mr. Davine. Member Gardener felt Mr. Davine would add balance to the Board. Chairman Busack suggested that Mr. Davine live in the community for a while before volunteering to serve on the Board. Mr. Busack suggested the Planner send a memo to the Selectman indicating that the Planning Board had 3 alternates now and it would be very unusual that a 4th alternate would ever need to be seated on the Board.
The meeting was adjourned by the Chairmen at 10:10pm.
Respectfully submitted by David Lorch, Planner
MOTION TO APPROVE MINUTES
Motion made by _____________________________ to approve the minutes, as submitted on ______________________________ as amended by _______________________________________________________ seconded by ____________________________________________________________.
AMENDMENTS/CORRECTIONS
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