Draft
Meeting Minutes
Sanbornton Planning Board
March 19, 2007
Public Hearing
Zoning Amendments
The meeting opened at 7:00 pm with the following Planning Board members in attendance: Helmut Busack, Chairman; Don Bormes, Vice Chair; Dick Gardner, Member; Steve Ober, Selectmen’s Representative; Carmine Cioffi, Alternate and Bob Ward, Town Planner.
1. Role Call
As listed above, absent were: Ralph Carter, Member; Andrew Livernois, Selectmen’s Representative and Cindy Merchant, Alternate.
2. Seating of Alternates
Carmine Cioffi was seated for Ralph Carter.
3. Public Hearing for Consideration of Proposed Zoning Amendments to Sanbornton Zoning Ordinance.
Chair Busack opened the public hearing at 7:01 pm.
Bob Ward explained the purpose of the hearing is to present to the public the proposed amendments to the Sanbornton Zoning Ordinance and to consider public input in regards to those amendments. Mr. Ward further stated that the notice of the meeting was posted in excess of ten days prior to the meeting as is required by State statutes. The notice was posted at the Sanbornton Post Office and at the Town Office (both inside and outside). These notices contained the full text of the proposed amendments. The statute also requires the notice be posted in a newspaper of general circulation in the community. The notice of this hearing was posted in the Tuesday March 6, 2007 edition of the Laconia Citizen. As provided by State law, the newspaper posting provided a list of the seven amendments and a summary of the content of the
amendments. All notice requirements were satisfied. This is the first public hearing concerning the Zoning Amendments, there are provisions for a second public hearing if necessary. Mr. Ward stated that after this hearing the Board needs to vote on the final form of the proposed amendments. If the Board concludes there will only be the one hearing and there are no sustentative changes to the proposed changes then there is no need for a second hearing. Following the Board’s decision on the final form of the amendments, the Town Planner will work with the Town Clerk to prepare the exact wording to appear on the ballot for the May 8, 2007 Town Meeting.
Chair Busack gave notice to the public that on any given issue 5 minutes will be allowed at one time on any one point on the amendments.
Amendment #1
Proposing to change the frontage in the General Agricultural district from 220 feet to 300 feet.
This is a two part amendment as it is represented in two places in the Ordinance. Amendment #1 (a) page 1 is to Article 2 (Districts) in the ordinance. Amendment #1 (b) page 41 is to Article 5, General Agricultural District, Section A, Item 5. (Frontage). Chair Busack called for questions or comments from the public. Jim Wells questioned the reasoning behind the amendment. Bob Ward explained that this change is an effort to reduce the amount of development on Class V and Class VI Town roads and to comply with the Master Plan in regards to maintaining the rural character of the of the roads in the Town. This is also an effort to protect the intent for which the Town roads were built and are maintained. The Town roads were developed not to provide frontage for the development of land but to provide safe and efficient
carrying of traffic on the Town road system. The more driveways and curb cuts on the Town road system the more the safety and traffic carrying capacity of the Town roads is degraded. Mr. Wells asked what will be done with the hundreds of lots already in existence with 220 feet of road frontage. Will they now be substandard lots and how the property owners will be protected? Bob Ward responded that all existing lots (prior to the zoning amendment taking effect) would be protected to the fullest extent of the law. This is generally referred to as “grandfathered”. They would be allowed to apply for building permits and can make improvements.
Amendment #2
Add a new section 4.A. as follows:
Permitted Use Conditions:
A. Cluster Development is a permitted use in all zoning districts except for the Forest Conservation Zoning District.
No questions or discussion from the public.
Amendment #3
(a) Add a new section 4.B. as follows:
Permitted Use Conditions:
B. In those zoning districts where Cluster Development is allowed, such use is only allowed where granted a special exception by the Zoning Board of Adjustment as provided by RSA 674:33 and as further provided by Article 18 of the Sanbornton Zoning Ordinance.
(b) Add a new section (12) to Article 18, B. as follows:
(12) Permit a Cluster Development in all zoning districts except the Forest Conservation Zones subject to site plan approval by the Planning Board.
Bob Ward explained that this would empower the Zoning Board of Adjustment to decide on special exceptions for Cluster Development. Chair Busack further explained that this proposes a new process for the approval of Cluster Developments. The applicant would first have to go to the Zoning Board of Adjustment for a special exception prior to coming before the Planning Board for approval making it a two step process.
No questions or discussion from the public.
Amendment #4
To amend Article 4, (T) 3. C. “Density Standards, Section 1to read:
A. Density Standards:
1. Determination of the maximum number of permitted lots shall be determined by the density allowed in the underlying Zoning District and/or overlay District for a conventional subdivision.
(Striking out the following sentence and table currently in the ordinance)
No questions or discussion from the public.
Amendment #5
Add new definitions to Article 3 for the following terms:
Cluster Development means an innovative residential subdivision of a parcel of land, as provided in RSA 674:21, 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.
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 recreational 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.
No discussion or questions from the public.
Amendment #6
To amend Article 4, (T) 3. D. “Dimensional Standards” Section 2. f to read as follows:
“…to maintain the majority of existing road frontage in an undeveloped vegetated buffer for a depth of 200 feet”.
Jim Wells asked for clarification as to where the road frontage “buffer” is located. Chair Busack stated that the frontage is along the existing road. He further stated that this is an effort to further maintain rural character of the Town’s roads. By creating a 200 foot vegetated buffer the Cluster Development will not be visible from the existing (Town) road.
Amendment #7
Miscellaneous editorial, grammatical and clarification amendments in Article 4, (T) Sections 3a, b, c, d and e.
Bob Ward explained this amendment is a housekeeping issue in regards to clarifying wording and making grammatical corrections to the full text of the article.
No discussion or questions from the public.
Chair Busack closed the public hearing at 7:41 pm.
Dick Gardner made a motion to accept the amendments as presented, second by Carmine Cioffi. All in favor, motion passed.
Bob Ward stated that he will begin work with the Town Clerk to develop proper wording of the amendments for placement on the May 8, 2007 ballot. Chair Busack suggested that the final wording be presented to Attorney Waugh for his consideration to ensure that everything is legal. Mr. Ward agreed to place a request to the Board of Selectmen for their approval to use Attorney Waugh for this purpose.
4. Adjournment
Bon Bormes mad a motion to adjourn, second by Carmine Cioffi. All in favor, motion passed.
Meeting adjourned at 7:47 pm.
Respectfully Submitted,
Carole Chase
Recording Secretary
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