Planning Board Minutes
January 18, 2007
The meeting opened at 7:00pm with the following members in attendance: Helmut Busack, Chairman; Don Bormes, Vice Chair; Andrew Livernois, Selectman’s Representative; Dick Gardner, Member; Cindy Merchant, Alternate; Carmine Cioffi, Alternate; Sandy Leighton, Alternate and Bob Ward, Town Planner.
1. Role Call
As listed above. Absent was Ralph Carter, Member.
2. Seating of Alternates
Cindy Merchant was seated for Ralph Carter
4. Old Business
a. Continued Public Hearing: Elm Farm Estates - 2 lot Subdivision (P06-S15)
Bob Ward explained that Mr. Golde, consulting planner for this project, had sent an e-mail requesting a continuance for this hearing while he completes research on right-of-ways and easements. Russ and Sharon Baker were present as abutters in regards to Leighton Estates. Mr. Baker stated that information such as deeds had been sent to the Town Planner in regards to this research. Mr. Ward explained that he had received this information and has sent a copy of all documents to Mr. Golde. He also stated that the application has not been accepted by the Board as complete at this time so the 65 day time frame is not in effect as of yet. Due to the fact that this was to be a continued public hearing and no date has been set for the applicant to return, abutters will have to be notified through certified mail again and notices of
a Public Hearing will have to be posted when that date is decided upon. The cost of the mailings will be the responsibility of the applicant.
b. Action on administrative fees for Belknap County registry of Deeds (placed under review at 12/7/06 meeting)
Bob Ward explained that the Town of Sanbornton has not been charging for the cost of filing approved subdivision plats at the Belknap County Registry of Deeds. had been previously given to the Board for their consideration and review. No action was taken at that time. He requests that the Board make a decision on this tonight so that the fees may go into effect as soon as possible as no fees are currently charged for this item. The fee is calculated for the hourly rate of the secretary clerk plus mileage for the round trip. Andrew Livernois made a motion that an administrative fee of $25 be charged to the subdivision applicant to cover the cost of recording the plat, 2nd by Don Bormes, all in favor. Motion passed.
5. New Business
a. Preliminary Conceptual Consultation: Woods/Lewellen 2-lot subdivision (P06-S16).
Bob Ward explained that Mr. Woods is here for a preliminary conceptual consultation for a proposed 2-lot subdivision of an existing 37.96 acre lot with double frontage (on Shute Hill Road and Old Coach Road). He stated that the major concern was if the proposed subdivision is located in the premature for development area. He has determined after a detailed review of a full scale version of the Future Land Use Map in the Master Plan that it is not in this area but is located in the secondary residential/agricultural zone so there is no issue with that matter. Darryl Woods presented the proposal with Arthur Lewellen and stated that the property is owned jointly by their wives and that they wish to subdivide the property for estate planning and inheritance purposes. The parcel is located on Tax Map 15 Lot 73, the proposal is
to subdivide an 11.86 acre lot and a 37.96 acre lot. Cindy Merchant asked what the road frontage is on both roads. Mr. Woods stated that there is 258 feet of frontage on Old Coach Road and 1400 feet on Shute Hill Road. He also stated that the larger lot is in current use and will remain there. Helmut Busack stepped down due to abutter status and appointed Vice Chair Bormes to Chair for the remainder of this discussion. Dick Gardner asked if the property has been surveyed and Mr. Woods explained that it has. Chair Bormes asked if a driveway permit will be included in the final proposal and stated that he would like to see one at that time. Mr. Woods explained that there is currently no plan to develop either parcel and stated that they would go before the Board of Selectmen if and when a building permit is applied for. Bob Ward explained that the current subdivision regulations do not require a driveway permit. Don Bormes stated that an ok from a certifying agency that a driveway is
possible at the location would be acceptable. Mr. Woods explained that they would be requesting a waiver for the mandatory set-aside. Bob Ward stated that current subdivision regulations require set-asides under Land Conservation Standards in Section 8.0, H. It states that an area greater that 10 acres “shall” set-aside 5%. This can be achieved by creating a separate lot, an overlay or by other means. There was discussion concerning the set-aside and possible ways to create it such as buffers, wetlands or the existing stream. Chair Bormes stated that granite markers will be required.
Note: At the close of discussion on this matter, Chair Busack resumed his seat on the Board.
b. Preliminary Conceptual Consultation: Den Brae Subdivision - Golf course (P06-S04)
Patrick Woods of Wescott, Millham & Dyer, LLP appeared representing Gordon Craig. He explained that the lots have been re-configured from the initial plan previously submitted and explained the various plans he has presented to the Board. He stated that there has been a meeting with neighboring lot owners to talk about the proposal. This plan is for an open space cluster development keeping the individual lots on the road in an effort to preserve the land. Gordon Craig, property owner, explained that his goal is to get the business to a point where he can retire and his children can run it. He also stated that he would like to keep it so that the undeveloped land (golf course) could never be re-subdivided. Steve Cummings, the engineer for the project, spoke and stated that current zoning for cluster development would
allow for 44 lots to be subdivided out. Mr. Craig is only asking for 24 lots on the same property. The total parcel size is 145 acres, the lot area depicted has approximately 24.5 acres which represents 24 lots leaving 120 acres undeveloped. There is 6696 feet of road frontage with the proposed lots using 4000 feet of that frontage leaving 2600 feet of unused frontage which meets the requirements for cluster development. The conservation set-aside would be 72.69 acres which meets the 50% required for cluster. The 50 acres of forest and the 70 acres of golf course would be included in this easement. This would be placed under restrictive covenants, stipulating no further development. Cindy Merchant questioned the portion of the application that states the property is located in commercial/agricultural. The parking lot and a building are classified as commercial, the rest is agricultural. Cindy Merchant further states that in the agricultural zone the requirements are 220 feet of road
frontage and 3 acre lots. Mr. Woods responded that under the Town’s current cluster zoning ordinance the requirements are 50 feet of road frontage and 1 acre lots on a Town road. Chair Busack read the Zoning Ordinance for Open Space Zoning which states: “land will be preserved in its natural or existing state in order to protect valuable land and water resources for conservation, forestry, agriculture, aquifer recharge, water shed protection, wild life habitat, outdoor recreation, scenic and historic values beyond the extent provided by existing regulations.” Chair Busack stated that this is to preserve undeveloped land, the land in question is not undeveloped. Mr. Cummings stated that the 50 acres of forest land is being preserved and that the ordinance provides for preservation of land used in outdoor recreation, which is the golf course. Chair Busack stated that he feels the outdoor recreation referred to does not include a private golf course. There was
discussion on whether a business could be considered for preservation purposes. Bob Ward stated that his feelings are that this does not fit the general characteristics of open space cluster development. The issue is whether you take the ordinance literally or in general. Chair Busack suggested having the attorney for this proposal prepare a statement of intent for the Planning Board attorney to review and comment on. Andrew Livernois stated that this should be looked at as if the open space was a farm. A farm is a business but would be considered an open space for these purposes and feels that the commercial component should not be the main factor. Carmine Cioffi stated that he feels it is a good idea to prepare a statement of intent for the attorney. Patrick Woods stated that he is fine with their attorney preparing such a statement and requests clarification as to what exactly is needed as he is concerned with the parameters of what will be proposed and how it will be discussed
again. Chair Busack assured Mr. Woods that after the attorneys have given their input the discussion will continue. Mr. Woods clarified what will be the basis for discussion with the attorneys. First being the definition of developed versus undeveloped land, what parts of the ordinance they feel apply and why and also how it is proposed to be structured legally as to comply with the ordinance. Chair Busack stated that Mr. Woods specifically needs to look at the ordinance and state what he feels it states, then the Board will respond with its interpretation. He further stated that this is not a shut down case, there simply needs to be more clarification on what each party is interpreting the ordinance to say.
3. Action on Minutes
a. Workshop Meeting of January 4, 2007.
Cindy Merchant made a motion to accept the minutes of the workshop meeting of January 4, 2007, 2nd by Don Bormes. Dick Gardner requested that the role call be listed in order of Chair, Vice Chair, Members then Alternates. After spelling and grammatical errors were corrected, all were in favor. Motion passed.
7. Planners Update
b. Update: Route 3 Auto Sales
Bob Ward explained that NH DMV requires the Planning Board to comment on a permit for the sale of motor vehicles within its jurisdiction. The parcel is located on Route 3 with road frontage being in Tilton but the majority of the property is located in Sanbornton. The applicant in this case is Jodi Hannan. Mr. David Sweeney spoke on behalf of the applicant to the Board regarding plans for the property and the car dealership he is putting there. Chair Busack stated that he sees no problem with this request as the property has always been a dealership. Bob Ward stated that there is a possibility for a site plan review if changes are made on the property. After some discussion the Board agreed to sign the request and return it to NH DMV.
5. New Business
c. Review draft of Planning Board report to Town Annual Report
Bob Ward presented the Board with a draft of the Planning Boards report to be included in the Town’s Annual Report. It was requested that the information given in the report appear in chronological order. All were in favor of submitting the report as drafted with the change in format in regards to chronological order.
6. Other Business
a. Discussion on mailing of meeting packets to Planning Board members.
Bob Ward explained to the Board that the cost of mailing meeting packets to the Board is roughly $400 per year. He requested the Boards input on the continuance of mailing these packets out or suggestions as to how else the packets can get to the members in a timely manner. After discussion, the Board agreed that the mailing of packets should continue as is with the exception of Cindy Merchant having her packet dropped off at the Post Office. Sandy Leighton requested that her packet be put in the mail slot for the Budget Committee and Andrew Livernois suggested putting his in his Selectman’s folder in the office.
b. Proposed salary increase: Planning Board Secretary.
Chair Busack explained that he felt that a salary increase was warranted for the Planning Board’s secretary clerk. The Board discussed the 3.5% COLA increase and stated that the increase should apply to the secretary clerk position as well. Andrew Livernois stated that the Planning Boards budget should be adjusted to reflect this increase. Bob Ward stated that he would do this as soon as possible. Don Bormes made a motion to increase the secretary clerks salary to reflect the 3.5% COLA increase that the rest of the Town employees receive for the day time hours worked, 2nd by Dick Gardner, all in favor. Motion passed
Chair Busack requested that all applicants or individuals wishing to come before the Board only be scheduled for regular meetings and not on workshop dates. All agreed.
7. Planners Update
a. Correspondence
None
f. Workshop Meeting (2/1/07) NH DOT re: Subdivision lot driveways and roads
Bob Ward stated that the Assistant District Engineer from NH DOT has been scheduled to come to the next workshop meeting. He is in charge of issuing driveway access permits for any new subdivision lots on State highways or any subdivision roads coming out onto State highways.
6. Other Business
c. Discussion Re: Thompson Case
Bob Ward stated that the court’s decision in the Thompson case has come in and is included in the packets tonight. There is also a letter from Attorney Waugh outlining the decision. Chair Busack suggested that each member read the documents and write down questions to be reviewed at the February 1, 2007 workshop so that they may be posed to Attorney Waugh as soon as possible and we can move forward with this issue.
7. Planners Update
c. Update minor revisions to Subdivision Application Form (page 5 of 5)
Bob Ward explained the minor changes suggested for the final page of the Subdivision Application. The changes omit some items that are repetitive and re-order some items into a more cohesive format. After some discussion and a minor revision to #19 adding “ of Sanbornton Subdivision Regulations” to the end of the sentence, the Board agreed to adopt the changes as presented.
d. Discussion concerning Planning Board Records.
Bob Ward explained that the secretary clerk has been updating records in the office and a question has arisen as to what the Board would like the books that are kept in the meeting room to contain. The previous year’s books include all agendas, minutes and information which was included in meeting packets. The Board decided that the books in the meeting room should contain the agendas and minutes only and a file should be kept by the secretary clerk which includes all of the information given to Board members for meetings. This file should be up to date and easily accessible should the need for review arise.
e. Discussion concerning signing of weekly department time sheets.
Bob Ward explained that the current way in which a department employee is paid requires the Chairman of the Planning Board to sign all weekly time sheets. Due to the fact that it is not always convenient for the Chairman to come into the office prior to the submission cut off he requests that an alternate method be put into place so that employees can be paid on a weekly basis. The Board discussed options to remedy this and agreed that the Vice Chair can sign time sheets if the Chairman is not available to do so.
8. Meeting adjourned.
Chair Busack made a motion to adjourn, 2nd by Andrew Livernois. All were in favor. Meeting adjourned at 9:55 pm.
Respectfully submitted,
Carole Chase
Planning Board Secretary
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