Draft Planning Board Minutes
October 19, 2006
The meeting opened at 7:00pm with the following members in attendance: Helmut Busack, Chairman; Don Bormes, Vice Chair; Dick Gardner, Member; Carmine Cioffi, Alternate; Cindy Merchant, Alternate and Bob Ward, Planner.
1. Role Call
As listed above. Absent were Andrew Livernois, Selectman’s Representative and Ralph Carter, Member.
2. Seating of Alternates
Carmine Cioffi was seated for Ralph Carter.
3. Action on Minutes.
It was decided to address the acceptance of minutes from the 9/7/06 Workshop, 9/19/06 Master Plan Meeting and the 6/21/06 Regular Meeting at the next Workshop scheduled for 11/2/06.
6. Other Business
a. Pre-Application Discussion: Wareagle & Majia, 2-Lot Subdivision of 105.21 acres.
Bob Ward explained that this parcel is located at 171 Eastman Hill Road, Tax Map 9, Lot 46. This lot is along the highway and located in the General Agricultural Zone. The applicant proposes to subdivide the 105.21 acres into 2 lots, one of 5 acres and the balance of 100.21 acres as the second lot. Ms. Majia explained to the Board her intent to divide the lot. Cindy Merchant asked where the road frontage to get to the back lot would be. Ms. Majia indicated that the road frontage for this lot would be on a Class 6 road. Bob Ward explained that the 5 acre lot would meet the frontage requirement on Eastman Hill Road but the remainder would be on a class 6 road which the Planning Board does not accept as frontage. The other option, Issac Colby Road, is also a Class 6 Road. Chair Busack explained that the Zoning Regulations state that unless a road is Town maintained it can not be used as frontage for building lots. He stated that the road would have to be upgraded and it would
have to be accepted by the Town and suggested that the next step should be the Board of Selectmen. Chair Busack explained that the subdivision could not be approved as it is presented due to the fact that it is illegal to create a land locked piece of land.
b. Pre-Application Discussion: Kevin & Kerry Calley, Pre-school/Daycare facility
Bob Ward stated that this parcel is located at 724 Sanborn Road, Tax Map 22, Lot 71C and is 2.45 acres and falls in the General Residential Zone. Mr. Ward stated that the Zoning Ordinance, Article 4, General Provisions, Section D, indicates that Daycare facilities are allowed in all districts. Vice Chair Bormes asked how many children would be attending. Mr. Calley stated that there would be a maximum of 20 children. Dick Gardner wanted clarification that this would be a State certified and licensed. Mr. Calley responded that it would have all the necessary licensing from the State. Dick Gardner inquired about parking for staff and clients. Mr. Calley indicated that there is a good sized driveway existing on the property and there are plans to create a turn around for
pick-up and drop-off and that parking for 8-10 vehicles should be sufficient. Vice Chair Bormes asked if a perc test had been performed on the septic system. Mr. Called stated that this property had an in-law apartment and that the septic system was increased for that. Chair Busack explained that Mr. Calley should check with the State to see if the present septic is acceptable. He also suggested checking with DOT division 3 to check traffic counts and accessability. Dick Gardner stated that the Board would need to see some sort of sign-off from DOT on this. Bob Ward explained that contacting DES regarding the septic would be helpful and stated that the Board would need to see documentation from both DOT and DES on these issues before consideration.
d. Pre-Application Discussion: Route Three Auto Brokers, New and Used Auto Sales, Route 3.
Bob Ward explained that this discussion is based on a letter he received from New Hampshire Division of Motor Vehicles. This lot is on Route 3 near Mosquito Bridge in the extreme south-eastern portion of Town. Mr. Ward contacted the owner and he indicated that he would be withdrawing his application with NH-MV and the individual who will be leasing the property on a long term basis will be submitting an application for this and obtaining permits and permission for the sale of new and used motor vehicles and motorcycles in the near future. There was some question as to wether this parcel is in Sanbornton or Tilton. After a brief discussion it was determined that the property does lay within the boundaries of Sanbornton.
4. Old Business
Bob Ward explained that this matter is currently before the Meredith Planning Board. That Board has declared this a development of regional impact and under that statute the abutting Towns have abutter status and therefore have the ability to comment in the Planning Board would like. The Board has previously reviewed and commented that the provision should be added recommending that the Town of Meredith consider upgrading their roads to the proposed subdivision so that the traffic to and from the subdivision and emergency vehicle traffic would travel on Meredith roads rather than through the Town of Sanbornton. The hearing on this matter is scheduled for October 24, 2006 and Mr. Ward requests final approval of the amended version to be submitted to the Meredith Planning Board for the record.
Dick Gardner made a motion to accept as amended, 2nd by Vice Chair Bormes. All in favor.
7. Planners Update
b. Discussion re: Planning Board meeting schedule
Bob Ward stated that there has been comments from surveyors at the last couple of meetings that indicated there were going by the schedule that is posted on the Towns web-site. After the last meeting the site was checked and the posted schedule was in error as were the planners hours and the terms under which applications could be submitted. Mr. Ward has amended this information and the correct version is now on the web-site. Mr. Ward would like to confirm with the Board a schedule for 2007 meetings being the 1st and 3rd Thursdays of the month so that it can be posted sometime in November. The Board agreed to keep the Workshop Meeting on the 1st Thursday of the month and the Regular Meeting on the 3rd Thursday, both at 7:00pm, with the
exception of holidays and the month of July when there will be only one meeting.
c. Subdivision Application and checklist
Bob Ward presented the Board with an updated version of the subdivision application and checklist. Several issues have been cleared up on the updated version including application fees, EPA Storm Water Permits and DPT driveway permits, a space to provide applicant e-mail addresses has also been added.
d. Review of the fee structure for Planning Board charges
Bob Ward explained the need for fee changes based on the Town of Sanbornton policy to provide an applicant or agent copies of various land use regulations at the rate which the Board of Selectmen have set at $0.25 per page. Mr. Ward handed out copies indicating current charges and proposed changes to the fees and requested that these be adopted by the Board at this meeting or taken under advisement for the next one. Chair Busack stated that he felt the hourly rate for research should be 1 ½ times the hourly rate of the employee conducting the research as this is a common business practice. Dick Gardner questioned what customers there were for the Master Plan and felt that it should be priced more reasonably. Chair Busack suggested obtaining a quote from Staples for 10 copies and then
proceed from there. All were in favor of the changes discussed. Bob Ward agreed to obtain the quote from Staples and to report back to the Board his findings at the next meeting.
5. New Business (8:00 pm)
a. Public Hearing: Virginia Peterson Trust, 2-Lot Subdivision of 6.17 acres on Cram Road & Philbrook Road, Tax Map 23, Lot 40-1 (P06-S14)
Bob Ward explained the proposed subdivision. He states that the application which has been submitted is complete and recommends that application P06-S14 be accepted as such. Dick Gardner made a motion to accept P06-S14 as complete, 2nd by Chair Busack. All in favor. Ron Johnson represented Virginia Peterson Trust for this subdivision application. Mr. Johnson briefly explained the properties location being at 237 Cram Road on the East side of Cram Road and the North side of Philbrook Road. The property is located in the Agricultural Zone with the 180 foot frontage on a Town maintained road. There are existing structures on the northerly lot. The total 6.17 acres includes a cemetery at the lower end. The land has 502 feet of frontage on Cram Road which
is a class 5 paved surface and 570 feet of frontage on Philbrook Road with is a class 5 gravel surface. The land is mostly open field. The proposal is to subdivide into two lots, the northerly lot being 3.09 acres with 255 feet of frontage on Cram Road. The southerly lot would be 3.08 acres including the cemetery with 247 ½
Feet of frontage on Philbrook Road.
Cindy Merchant asked which road the driveway would be on. Mr. Johnson responded that the driveway for the 1st lot is existing and is on Cram Road, the driveway for the 2nd lot will be on Philbrook Road. Bob Ward questioned the type of boundary markers which will be used. Mr. Johnson stated that re-bar has already been set at four points. And has been drilled directly into the stone wall, the front marker has been offset as there is a large patch of poison ivy along the stone wall in that area. Mr. Ward stated that the board requires granite markers be used at all major corners. Mr. Johnson asked for a waiver as the re-bar has already been set. Discussion pertaining to the permanence of markers ensued. The Board agreed to allow
the three markers set into the stone wall to remain but will require the front, off-set marker to be granite. Chair Busack opened the hearing to abutters comments. Joanne Rotinelli expressed concern about drainage issues. The land of the 2nd lot slopes down into her driveway and it has already been washed out several times. Mrs. Rotinelli is concerned that additional water from foundation drains will worsen the wet conditions. Vice Chair Bormes suggested a swail which would run out towards the road. There was some concern as to what the run off form a swail would do to road conditions. Dick Gardner suggested a stipulation which would state that any further development not increase drainage across the boundary line. Bob Ward responded that the only way to do that would be to create a storm water retention pond on the property and that is very costly. Chair Busack proposed a stipulation that any foundation drains
would have to be facing in a westerly direction into a drywell system for dissipation. A motion was made by Dick Gardner to accept the stipulation, 2nd by Vice Chair Bormes. All in favor. Bob Ward pointed out that the legend indicates the boundary for the cemetery as a property line although it is part of the 2nd lot. This needs clarification on the site plan. Chair Busack closed the hearing to public comment at 8:49pm. Dick Gardner mad a motion to accept P06-S14 with three conditions. 1.) Granite marker at the west corner. 2.) Cemetery clearly marked on the site plan as part of the lot and 3.) Any foundation drains have to be facing in a westerly direction into a proposed dry well system. 2nd by Vice Chair Bormes. All in favor. Subdivision approved.
6. Other Business
c. Pre-Application Discussion: Elm Faarm Estates, 12-Lot Subdivision on Lower Bay Road
Bob Ward explained that this is a pre-application discussion pertaining to a 12-lot subdivision consisting of 61.87 acres on Lower Bay Road, Tax Map 12, Lot 41. The porperty is entirely within the General Residential Zone.
Tim Golde of Golde Planning and Design represented the property owners Edward & Nancy Elfar. Leighton Estates is to the East of the parcel, Lower Bay Road is to the Western edge and Grey Road is to the North. This property abuts the Recreational Zone line in the Eastern Boundary, the rear of the property is bounded by a paper street. The paper street was laid out in 1976 and was originally the property of Leighton Estates. The “paper Street” is actually a Tax Map which was deeded to and is heldf by the Town of Sanbornton. Mr. Golde presented the development layout which is limited due to wet lands. The rear third of this lay out relies on the development of the paper street. Mr. Golde stated that he is before the Board as a preliminary measure to get a
feel as to what would be needed, the question is of the legal standing of the paper street and that needs to be addressed first as the entire development hinges on it. Dick Gardner questioned what would take place if this paper street was not there. Mr. Golde responded that the plans would be changed to reflect the road in a different location 50 feet from the line. Chair Busack pointed out that the paper street (Lot 62) meets up with Leighton Estates Road which is a private road bringing up the question as to access off of a private roadway. Mr. Golde states that his understanding is that it is a Town Accepted Road so he will have to research it and will go to the Board of Selectmen pertaining to the status of the Paper Street. Chair Busack expressed the need to research the deed to the paper street. Mr. Golde agrees to work with the Leighton Estates Home Owners Association to work out any issues. Earl Leighton expressed his
concerns pertaining to drainage. Mr. Golde responded that there will be drainage studies completed to address any issues. Dick Gardner stated that he feels this proposal is consistent with the Master Plan and feels it will increase property values in that area.
8. Meeting adjourned
Chair Busack made a motion to adjourn, 2nd by Dick Gardner. Meeting adjourned at 9:55pm.
Respctfully submitted,
Carole Chase
Recording Secretary
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