Meeting Minutes
Sanbornton Planning Board
February 1, 2007
The meeting opened at 7:00 pm with the following in attendance: Helmut Busack, Chairman; Don Bormes, Vice Chair; Members: Dick Gardner; Alternates: Cindy Merchant, Carmine Cioffi; Bob Ward, Town Planner.
1. Role Call
As listed above. Absent were Andrew Livernois, Selectman’s Representative; Ralph Carter, Member; Sandy Leighton, Alternate.
2. Seating of alternates
Carmine Cioffi was seated for Ralph Carter.
5. New Business
a. Discussion re: Subdivision lot driveway and road access permits (NH DOT).
Bob Ward introduced Jack Cilley from NH DOT Maintenance District 3. Mr. Cilley is the Assistant District Engineer and is in charge of issuing driveway and road access permits along Route 132. Route 127 is covered by District 2, but the same regulations apply. Bob Ward explained a previous subdivision along Route 132. There were 3 driveway permits approved by NHDOT for a 4-lot subdivision of a 10.91 acre parcel. Mr. Ward stated that the Board needs to get a better handle on the issuance of driveway permits so that the Board may, in the future, be better able to integrate their review with the NHDOT policies. Dick Gardner expressed the need for the Planning Board to have a better understanding of frontage and site distance requirements. Don Bormes
stated that he feels that permits should already be issued at time of review and questions how to control that. Mr. Cilley stated that the Board can approve the subdivisions with conditions pertaining to driveway permits. The NHDOT currently has a “3- driveway rule” which has been upheld in court. He explained that the rule states that with 500 feet or less of frontage a property can have 2 driveways provided the 400 foot sight distance requirement is met. Lots with over 500 feet of frontage can be issued up to 3 driveway permits by NHDOT as long as the sight distance requirement is met. Chair Busack stated that if the developer comes in with permits, the Board has no standing to have them change the plan. He asked what communication can be between the Board and DOT to alleviate this. Don Bormes suggested that the applicant go to DOT prior to the pre-conceptual non-binding hearing to see where driveways are feasible. This would enable the Board to more clearly specify
where driveways can be. Dick Gardner stated that the Planning Board can not limit driveways on a State right-of-way, it has no jurisdiction.
Mr. Cilley referred to a proposed memorandum of understanding (MOU) between DOT and the Town of Sanbornton and pointed out that there is room in the MOU for the Town to establish some procedures for both the DOT and the Town to adhere to. The essence of the MOU is to bring the Town and DOT together to coordinate access management. He quoted the document stating “whereas the department and the Town mutually recognize the continuing necessity to plan and coordinate future land use and access to highways in order to preserve highway capacity and public safety and whereas the department and the Town mutually recognize and agree that preserving the safety and maximizing the capacity of the highways in the public interest.” It also states that the Town
and DOT can enter into an understanding to improve access management to State highways within its boundaries. “Access management shall include coordination in planning design, determination of access points and facilities in the issuance of driveway access permits.” He further stated that the DOT has policies and that their job is to issue access onto the highways based on their driveway policy. Don Bormes stated that the intent is to maintain the rural character of the land. Driveways every 400 feet would not be conducive to maintaining this rural character. Chair Busack suggested sending notification from the Planning Board to DOT after the non-binding preliminary discussion detailing the Boards suggestions as to where
driveways could be. This would provide the necessary information to DOT and in turn DOT would have the Board’s ideas and would be able to provide feedback. Jack Cilley cited Article 3 of the MOU entitled Joint Responsibilities, which states that “the department and the Town to develop and adopt agreed upon procedures in coordination between site plan approvals and driveway permits.” Bob Ward pointed out that this section should include subdivision approvals as well. Mr. Cilley pointed out that Article 4 of the document, Responsibilities of the Town, allows for input from the Town. Bob Ward asked if the DOT would work with the Town in an effort to establish future locations for the entire Route 132 corridor. Mr. Cilley responded that this is something that should be
discussed with Lakes Region Planning Commission. Mr. Ward suggested that perhaps something not quite as involved would work as the Town of Sanbornton is no longer a member of the Lakes Region Planning Commission. He also suggested a brief, 1 hour session, to include DOT District 3 and DOT State Office representatives as well as the Planning Board to address the feasibility of this. Dick Gardner pointed out that the answers will be the same now as when developing and stated that he is not in favor of spending tax dollars for such a study. Jack Cilley pointed out that the DOT can make exceptions if good reasons are given, such as sight distance requirements where there is a relationship between lowered speed limit and lowered sight distance requirements. Bob Ward asked Mr. Cilley to provide the DOT driveway permitting policy and any other pertinent information regarding the issuance of driveway permits.
3. Action on Minutes of Regular Meeting on January 18, 2007
Chair Busack stated that the review of minutes will be done at regular Planning Board meetings, not at Workshop meetings. Carried over to the February 15, 2007 meeting.
4. Old Business
a. Discussion concerning changes to Zoning Ordinance for Town Meeting 2007.
Bob Ward reviewed the Board’s previous suggestions for Zoning Ordinance changes. The first being increasing the lot size requirements in the Forest Conservation Zone. Mr. Ward pointed out to the Board the possibilities of joining current areas together to provide a larger contiguous area. The smaller areas currently in the Forest Conservation Zone could be changed to the Agricultural Zone as it is not a large enough contiguous area to be considered for Forest Conservation. The Forest Conservation Zone should be a very large, contiguous zone characterized by no road access through it. Don Bormes asked if it is possible to state that any Forest Conservation area that exceeds 10 acres will be required to have 10 acre lots so as to not affect the smaller
areas of Forest Conservation. Make the minimum Forest Conservation lot amount equal to the smallest area now in existence. Chair Busack pointed out that the main reason for changing this zone is for forest management and smaller lots are not feasible. Bob Ward stated that Attorney Waugh recommends some things which will require more study. Mr. Ward is getting a cost estimate for an overlay for the zoning map which would be very helpful in this matter. Attorney Waugh suggested contacting a consulting forester. Mr. Ward suggested checking economic viability considerations with the Belknap County Forester through Cooperative Extension to get some idea as to what the minimum area requirements are for economic viability on a long term basis. Dick Gardner pointed out that Attorney Waugh had provided the Board with a considerable list of concerns. Mr. Ward stated that the Town of Lyme has paved the way for other towns to follow the same process, but feels that guidance is needed in
many areas and that a lot of work needs to be done. Chair Busack asked if it is feasible to have this work done for this year’s town meeting. Bob Ward stated that for proper research to be done it really should be planned for consideration at next year’s town meeting.
Bob Ward stated that the next item the Board had discussed is the elimination of Cluster Zoning and asked if this is still an issue the Board would like to discuss. Don Bormes stated that he feels that the Cluster Zoning is a good concept but the Town’s current ordinance needs to be rewritten for it to do what the Town intends. Cindy Merchant asked if Cluster Zoning could be limited to certain zones. Bob Ward responded that is definitely a possibility. Bob Ward asked the Board if they would like to convene for an additional workshop meeting in March to revisit the rewriting of this ordinance so that ample time is allowed. Chair Busack called for a consensus of the Board to rewrite the current ordinance. It was agreed to rewriting of this
particular provision of the ordinance.
Chair Busack called for a consensus of the Board members concerning amendments to the Zoning Ordinance pertaining to road frontage and lot size. Concerning the dimensional requirements for the Agricultural Zone, Chair Busack suggested 320 feet road frontage. Don Bormes, Cindy Merchant and Carmine Cioffi suggested 300 feet and Dick Gardner suggested keeping it at 220 feet. Chair Busack stated that going up in smaller increments would be more likely to pass. Cindy Merchant asked Bob Ward what his feelings on this are. Bob Ward stated that he supports increasing road frontage to 300 feet and keeping lot size at 3 acres in the Agricultural Zone. This will increase the depth of the lots. This will reduce impact on existing Town-maintained roads and will
allow for very few new roads. This also addresses the issue of safety and the current DOT policy for road frontage. Chair Busack called for a motion regarding increasing road frontage in the Agricultural zone. Don Bormes made a motion to change the road frontage requirement in the Agricultural Zone from 220 feet to 300 feet, 2nd by Carmine Cioffi. Vote was 2 yes, 2 no. Motion failed.
Chair Busack asked if the Board still intends to prohibit new dead end subdivisions roads. Bob Ward stated that this can be done in the Subdivision Regulations after a public hearing.
6. Other Business
a. Motion on previous change to signature requirements on weekly department time sheets.
Bob Ward explained that the Board had voted on this change at the January 18, 2007 meeting and agreed that the Vice Chair could sign time sheets in the event the Chairman was unavailable to do so. He explained that the Town’s bookkeeper Curt McGee has requested that the Board establish this procedure in the form of a motion. Helmut Busack made a motion to allow for the Vice Chair to sign weekly department time sheets in the event that the Chairman is not available to do so, 2nd by Dick Gardner. All in favor. Motion passed.
b. Discussion concerning proposed changes to the Subdivision Regulations.
Bob Ward stated that this has been an ongoing process to update the Subdivision Regulations. He stated that this process is almost complete at this time so that a public hearing to adopt them can occur in the near future. Starting in Section 6 of the Subdivision Regulations, Mr. Ward pointed out minor changes to wording that makes the document more cohesive throughout as well as with the Subdivision Application and checklists. The Board agreed to all proposed changes in Section 6.0 regarding wording and grammatical changes. In Section 7.0, General Requirements, the term “Manmade Resources” was proposed to be added to section c, Preservation of Natural Resources. Dick Gardner stated that he feels these are two separate
items and should not be listed together if at all. Although he feels that some manmade features should be preserved, the item needs to be more specific. Bob Ward responded that he will further research this and bring it back before the Board at the next meeting.
7. Planners Update
a. Correspondence
None.
8. Meeting Adjourned
Chair Busack moved to adjourn, 2nd by Don Bormes. All were in favor. Meeting adjourned at 9:40 pm.
Respectfully submitted,
Carole Chase
Planning Board Secretary
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