DRAFT
MEETING MINUTES
SANBORNTON PLANNING BOARD
MARCH 1, 2007
The meeting opened at 7:07 pm with the following members in attendance: Helmut Busack, Chairmen; Don Bormes, Vice Chair; Dick Gardner, Member; Carmine Cioffi and Cindy merchant, Alternates and Bob Ward, Town Planner.
1. Roll Call
As listed above. Absent were Andrew Livernois, Selectmen’s Representative; Ralph Carter, Member and Sandy leighton, Alternate
2. Seating of Alternates
Cindy Merchant was seated for Ralph Carter
4. New Business
Bob Ward presented the Board with a copy of a sign-in sheet he proposed for meetings. This sign-in sheet would be for audience members to sign in at meetings so as to better keep track of those in attendance for minutes and for Planning Board records. Dick Gardner expressed his concern with the sign-in sheet stating that he felt it was unnecessary and that audience members at meetings have a right to their anonymity. The Board decided to place this matter on hold and discuss it further at a future meeting.
Selectmen’s Representative Livernois joined the meeting at this time (being 7:15 pm).
3. Old Business
a. Discussion re: proposed changes to the Zoning Ordinance.
b. Decision on final wording of proposed amendments in Warrant for Town Meeting 2007.
Bob Ward presented the Board with a draft amendment to Articles #2 and #5 of the Zoning Ordinance. The amendment changes the frontage requirement in the General Agricultural District from 220 feet to 300 feet. Don Bormes stated that he feels that this change is essential to maintain the rural character of the Town. Cindy Merchant stated that she has some concerns about how this will change the shape of lots. Bob Ward stated that the change in lot shape is from long narrow lots to lots which are wider and have less depth. Don Bormes made a motion to change the road frontage in the General Agricultural District from 220 feet to 300 feet, second by Cindy Merchant. 4 yes, 1 no, motion passed.
Bob Ward stated that the terms Cluster Development and Open Space need to be defined in the current Zoning Ordinance as there is currently no definition available in the definitions section. Cindy Merchant stated that she feels Cluster Developments should only be allowed in certain zones. At this time Cluster Development can be anywhere including the Forest Conservation District. Dick Gardner stated that Cluster Development is a forward thinking planning alternative to conventional development and he does not want it to be removed from the Zoning Ordinance. Chair Busack stated that Cluster Development should be allowed only in the Historical District as this would be within walking distance to major facilities in Town. Don Bormes stated that he feels Cluster Development is an
innovative method of controlling growth and that the ordinance needs to match the Master Plan. Cluster Development cuts down on the number of driveway entrances thereby helping to maintain rural character. Bob Ward stated that he feels that Clusters Developments should be allowed by special exception, not by right, as the current Zoning Ordinance provides. He asked the Board if they wanted to keep clusters in certain zones or all zones as it now stands. Dick Gardner asked Mr. Ward for his views from a planning perspective. Mr. Ward responded that by allowing Cluster Development by special exception it provides for one more layer of control and he feels that this is appropriate. He also stated that limiting the location of Cluster Development is a legitimate point so as not to have intensively developed areas in far out zones such as the Forest Conservation Zone. Andrew Livernois agrees that it would be appropriate to add the “maybe” as opposed to keeping the ordinance as
it is that allows for all zones to be developed in this way. Cindy Merchant made a motion for Cluster Development Zoning to be allowed in all zones except the Agricultural Zone and the Forest Conservation Zone, second by Chair Busack. After discussion, the Board voted 2 yes, 3 no. Motion failed. Chair Busack made a motion to allow Cluster Development in all areas except the Forest Conservation Zone, second by Don Bormes. 4 yes, 1 no. Motion passed.
Bob Ward reminded the Board that at this time Cluster Developments are permitted by right, by changing the Ordinance to read “by special exception” would require the applicant to first meet with the Zoning Board for permission and to then come to the Planning Board for Subdivision approval. This would allow for negotiation and creates a two step process. Mr Ward stated that RSA 674:33 states that “a local zoning ordinance may provide that the zoning board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance. All special exceptions shall be made in harmony with the general purpose and intent of the zoning ordinance and shall be in accordance with the general or specific
rules contained in the ordinance.” Chair Busack made a motion that Cluster Developments only be allowed by Special Exception, second by Don Bormes. 4 yes, 1 no. Motion passed.
Bob Ward stated that the current zoning ordinance concerning Cluster Development needs to be examined and some changes need to be made to clarify wording and to support the proposed changes. Mr. Ward pointed out that the Table which is currently in the Ordinance on page 33 allows for a “bonus” lot with new Cluster Developments. He asked that the Board make a decision regarding this “bonus” provision. Chair Busack made a motion to remove the table from Section C. Density Standards from the Ordinance and to remove reference to frontage and acreage requirements from sentence one and to strike out the entirety of sentence two, second by Don Bormes. 4 yes, 1 no. Motion passed.
Mr. Ward stated that the issue of definitions for Cluster Development and Open Space still need to be addressed. He presented the Board with proposed definitions for these items. “Cluster Development means an innovative residential subdivision of a parcel of land where, instead of subdividing the entire parcel into house lots of conventional size, a similar number of single family dwelling units may be clustered on lots of reduced dimensions. The remaining land in the cluster development which has not been built upon is permanently reserved for open space.” It was suggested that the phrase “as provided in RSA 674:21 be added to the first sentence. Chair Busack made a motion to accept the definition of Cluster Development as amended, second by Andrew
Livernois. All in favor. Motion passed.
Bob Ward read the proposed definition of Open Space. “Open Space means land on which no buildings or other man-made improvements are located except those improvements which specifically support the use of the open space. The open space land shall be in an undeveloped condition to serve environmental functions, or to be used for conservation, agriculture, forestry and/or outdoor recreation for which no recreation fees are charged for use of the recreation structures or improvements. The open space shall generally be unfragmented, contiguous and continuous, that is, not interrupted by buildings, roads, driveways or other improvements which support land development.” Chair Busack made a Motion to accept the definition of Open Space as written, second by Dick
Gardner. All in favor. Motion passed.
Bob Ward presented the Board with copies of the current Cluster Development Zoning Ordinance. The Board discussed possible changes to wording within this Ordinance that will help in clarifying it. In Article 4 (T) Section 3 it was agreed to change the phrase Open Space to Cluster Development. This change helps to make the phraseology consistent throughout the Article. In Article 4 (T) Section D, f, it was agreed to change the sentence to read “To maintain the majority of existing road frontage as an undeveloped vegetated buffer for a depth of 200 feet.” This will help to maintain the rural character of the Town by placing Cluster Developments further back from the road. In Article 4 (T) Section E, 5. It was agreed to change the sentence to read “
…..Structures and buildings which support use of open space for conservation, agriculture, forestry, and/or outdoor recreation may be erected on the open space land, subject to review by the Planning Board……….” Chair Busack made a motion to accept the amendments to the Cluster Zoning Ordinance as discussed, second by Andrew Livernois. 4 yes, 1 no. Motion passed.
c. Approval of revised meeting schedule for Zoning Amendment process.
Bob Ward presented the Board with a revised schedule for the Zoning Amendment process.
3. New Business
a. Signing previously approved BLA Final Plat (P06-S13/Virgin)
Bob Ward explained to Chair Busack that a final plat needs to be signed for the Virgin and Bodwell subdivisions. Chair Busack will sign the plats at the end of the meeting.
5. Other Business
None
6. Planners Update
a. Correspondence
None
b. Building permit on Old Range Road (Class VI) to Catapano (property owner/applicant)
Not addressed.
7. Meeting Adjourned
Chair Busack made a motion to adjourn, second by Andrew Livernois. All in favor. Meeting adjourned at 9:40 pm.
Respectfully submitted,
Carole Chase
Recording secretary
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