Town of Sanbornton
PLANNING BOARD
P.O. Box 124 573 Sanborn Road, Sanbornton NH 03269 Tel. 603.286.8303 Fax 603.286.9544
PLANNING BOARD
MEETING MINUTES
MAY 17, 2007
The meeting opened at 7:04pm with the following members present: Helmut Busack - Chairman, Dick Gardner, Carmine Cioffi , Don Bormes; Vice Chair, Cindy Merchant and Evelyn Auger; Alternates, Steve Ober; Selectmen’s Representative and Bob Ward; Planner.
1. Roll Call
Chair Busack acknowledged that Ralph Carter’s term has expired and asked Carmine Cioffi to step up as a full-time member. Cindy Merchant was given another term as an alternate, the board welcomed Evelyn Auger and Steve Ober.
2. Seating of Alternates for absent members
See above
3. Action on Minutes
A. Dick Gardner made a motion to accept the minutes of April 19, 2007 as written, 2nd by Carmine Cioffi, Discussion; none, all were in favor.
B. Dick Gardner made a motion to accept the minutes of April 26, 2007 as written, 2nd by Carmine Cioffi, Discussion; none, all were in favor.
C. Don Bormes made a motion to accept the minutes of May 3, 2007, 2nd by Carmine Cioffi. Discussion: Dick Gardner made a motion to amend the minutes of May 3, 2007, to remove the sections in question per Evelyn Auger’s letter “that instance caused two law suits in town” as this information was 3rd party and not germane to town business, 2nd by Don Bormes.
Vote: 3 yes and Chair Busack abstained. Dick Gardner made a motion to approve the May 3, 2007 as amended, 2nd by Don Bormes. Vote: 3 yes and Chair Busack abstained.
(6 b.) Prior to proceeding with the meeting, the Planning Board voted for officers for the coming year as follows:
Carmine Cioffi made a motion to retain Helmut Busack as Chairman, 2nd by Don Bormes. Discussion: Dick Gardner wanted to nominate Don Bormes as Chair, Don Bormes declined at this time.
Vote: 4 yes and Helmut abstained.
Carmine Cioffi made a motion to retain Don Bormes as Vice Chair, 2nd by Dick Gardner. No Discussion, Vote 4 yes and Don Bormes abstained.
4. Old Business
A. Request for “Design Review”: Joseph Plonski, Broadview Drive (Map 18 / Lot 70)
Bob Ward reported that the he has received a letter from Mr. Plonski’s Counsel and asked the board for direction. Bob stated that normally design review in the sub-division regulations allows a non-binding discussion to engage with the applicant for more specific design and details. The letter received (4/2/07) states that there is a decision pending before the Supreme Court, for later this year. Don Bormes suggests that no decision by the planning board be made until the Supreme Court makes a decision. Bob Ward read the letter from Attorney Miller into the record. Abutter Susan Gagne commented that Mr. Plonski has access through her land. Chair Busack requested that Ms. Gagne and other abutters reserve their comments regarding the merits of this case until the planning board is in
receipt of the Supreme Courts decision. Don Bormes made a motion that the planning board not review Mr. Plonski’s design review until a decision is rendered by the Supreme Court, 2nd by Carmine Cioffi. Vote: all were in favor.
B. “Preliminary Conceptual Consultation” : Matilda Majia, Eastman Hill Road (Map 9 / Lot 46) Proposed Subdivision of 105.21 acre parcel
Bob Ward stated that the applicant called today and requested to be rescheduled.
5. New Business
A. Discussion of review procedure of Thompson Sub-division
Bob Ward reported that a letter was received (dated 5/1/07) from Attorney William Philpot for the Thompson’s, requesting a hearing and the board did not have time to review at the workshop on 5/3/07. In addition, there was a question whether this application was for a continued application or a new application with fees due. Bob Ward asked direction of the board and questioned the continuation of this matter and whether the board wanted to consult with their attorney for any matters pertaining to this process of this application.
Dick Gardner questioned if the judge closed this case an application verse an ongoing situation and if a new application is needed. To “remand” is to go back, suggests contradiction. Cindy Merchant questioned the time limit from start of application. Bob Ward responded that the policy is 30 days to schedule and 65 days to take action but the current regulations say 90 days, which is not in line with the state. Don Bormes stated he does not want any more expense to anyone and feels counsel should be consulted to have guidance. Dick Gardner recalls guidance already being discussed . Chair Busack questioned meeting of the next workshop, to meet with counsel. The board will need permission from Selectmen to have an attorney come in on this case. Carmine Cioffi and Evelyn Auger
stated they agreed that meeting with the attorney for clarification of questions for time constraints and questions regarding the “continued” or “new application” would be appropriate, at the next workshop. Carmine Cioffi made a motion to consult with the attorney at the next workshop, 2nd by Dick Gardner all were in favor.
Discussion: Evelyn questioned if the paperwork could go out before the next meeting so the applicant does not have to wait another month. Chair Busack stated he wants to wait for the attorney’s decision. Evelyn requested a copy of the court order from Bob Ward, as a new member of the board.
Bob Ward indicated the letter from Thompson’s attorney received today and a June hearing should be scheduled.
B. NH DMV request for Planning Board review / comment re compliance with land use regulations pertaining to application of Giguere Auto Wholesalers, 968 Laconia Road (Map 24 / Lot 18)
Bob Ward reviewed the letter received from DMV for this referral and stated that this is the 4th time asking for the boards review of the used care sales on this property. The board has previously signed off each time. Bob Ward requested that the owner meet with him and that the board allows Bob to sign off and notify the board of any changes. Bob Ward requested a map and layout of the property from Mr. Sweeny and that all the right-of-way property is in the town of Tilton. Bob will follow up with the board after his meeting with Mr. Sweeney. Carmine Cioffi made a motion to allow Bob Ward to deal the this issue, and come back to the board after the meeting and the chair will sign off, 2nd by Don Bormes, all were in favor.
Note: @ 7:58 pm, Mr. Peter Thompson delivered two letters to the planning board Chair. This information was opened and copies were made and distributed to the board members present.
Board took under advisement.
C. Public Service of New Hampshire request for public hearing concerning tree work along various scenic roads, specifically Brook Road, Calef Hill Road, Hale Road and Tower Hill Road. (Possible date July 19)
Bob Ward read RSA 231:158 and asked direction from the board. Chair Busack wants this researched to see who Town meeting designee is. Bob Ward will look into and get back to the board at the workshop in June.
D. Discussion concerning site work materials to be stock piled on 31 acre parcel on Route 127 (new owner Piscapo, current owner John Claridge) TML # 20-003&061
Bob Ward informed the board he had received a request from the Piscapo’s regarding the purchase of this parcel. They were asking if purchased, would the town allow the use of this property for their request. After discussion, Chair Busack stated that the planning board does not give advice on use, on a purchase. Chair Busack recommends that they call their attorney. Bob Ward stated that he could give them the regulations that would apply. Bob asked direction for other potential buyers, and Chair Busack stated that only advice given is on a purchase agreement with a “pending approval” clause.
6. Other Business
A. Distribute DRAFT of “modified amendment package” for Subdivision Regulations
Bob Ward reviewed the package and stated there are three areas the board may consider removing as previously discussed at the public hearing. They are Dead end roads, Private roads and Road design standards. Bob recommended to the board that a modification be made.
Discussion: Steve Ober expressed opposition and suggested the board look at other possible options and further discussed the impact that this change will have on the town. Bob Ward stated this was just a suggestion in an effort to resolving the cul-de-sac issues raised at the recent public hearing. Don Bormes added that the 1000’ proposal seemed doable but that consideration to limit the number of homes on the road. Dick Gardner stated that he concurred with Steve Ober’s concerns and the impact it may have on town services. Steve Ober stated that he was not comfortable being part of the process in designing roads, and suggests involvement and opinion of the DPW director and new Fire Chief . This information can then be brought back to the board for a technical review.
Bob Ward handed out a revised copy of the Zoning Ordinances from the town election/meeting. Bob Ward suggests checking with Attorney Waugh regarding appendix B. Evelyn Auger questioned having a hearing for issues that effect current landowners. Chair Busack stated that there would be no changes adopted with out a public hearing. Dick Gardner suggested adding the word “optional” to the aerial photograph. Evelyn suggested the town obtain a set of aerial photographs for all land use boards. Chair Busack stated that this information could be obtained at the County office. Chair Busack made a motion to forward the sub division regulation issue for another public hearing to eliminate appendix B until the board has more time and then have a hearing for just appendix B, 2nd by
Carmine Cioffi all in favor.
Bob Ward will have this in final draft form for review, to be taken to a public hearing. Dick Gardner suggested a sheet to outline changes for public hearing.
Chair Busack referred to
7. Planner Update
A. Correspondence
Chair Busack referred the board to the RSA 91A request from Andy Sanborn. Mr. Sanborn referred to an email previously discussed at a planning board meeting stating that he is requesting the remainder of the email, as the page he obtained is only page 3 of 5. Carmine Cioffi replied that the board only has the page that he has, in their possession. Mr. Sanborn stated he is specifically looking for pages 1, 2, 4 and 5, as he feels this was discussed as official town business and would like to view the email in its entirety. Chair Busack stated that the pages Mr. Sanborn is requesting are private and there is no action needed on this request. Mr. Sanborn read an additional request of the board into the minutes and submitted this to the Chair. (Chair Busack gave this to Bob Ward, no copies
were made for board members nor was a copy given to the secretary).
6. C. Consideration of Mary Early for Alternate position on Planning Board
Bob Ward stated that there are two alternate positions open on the board and the board has received two letters of interest. On May 9, 2007, Mr. Terry Lewis and on May 11, 2007, Ms. Mary Early, submitted requests. Mr. Lewis could not make tonight’s meeting. The board discussed how many alternates were voted in by the legislative body, he believes that in 1953 the number was 5.
Mary Early interviewed with the board for an alternate position. Ms. Early introduced herself and stated she has been a part-time resident for 32 years and a full-time resident for the last 6 years. Ms. Early feels that she can bring a mixed skill set to the table such as ability to work with others, listening skills and research skills. She is retired and feels she will have the time it takes to be involved and serve on this board. Don Bormes asked questions of Ms. Early regarding the future she saw for Sanbornton. Ms. Early replied that she sees growth and it has driven the town and there may be an explosion in the town’s growth and wants to be a part of the process moving forward. Carmine Cioffi made a motion to suggest the Board of Selectmen accept Mary Early as an
alternate to the planning board, 2nd by Don Bormes, Vote: 4-yes and Dick Gardner abstained.
D. Consideration of renewed membership in Lakes Region Planning Commission
Bob Ward discussed the vote at town meeting to re-join LRPC and the planning board is required to nominate 2 representatives for the LRPC advisory council. These nominations can be planning board members or others. Steve Ober stated the position will be advertised by the Selectmen and to direct candidates to the planning board for formal nomination by the planning board and forwarded to the Selectmen for official appointment.
Don Bormes stated that he was the representative last year for the CIP committee. He asked if there were any other volunteers for this year and if not he was happy to serve again. Helmut Busack made a motion to have Don Bormes serve as the planning board representative for the CIP Committee, 2nd by Steve Ober all were in favor.
8. Meeting Adjourned
At 9:45 pm, Carmine Cioffi made a motion to adjourn, 2nd by Don Bormes all were in favor.
Respectfully submitted,
Katy Wells Acting Recording Secretary
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