DRAFT
Sanbornton Planning Board
Meeting Minutes
July 19, 2007
The meeting opened at 7:00 pm with the following members in attendance: Don Bormes, Vice Chair; Dick Gardner, Member; Carmine Cioffi, Member; Steve Ober, Selectmen’s Representative; Evelyn Auger, Alternate; Terry Lewis, Alternate; Peter Dascoulias, Alternate (arrived at 7:10 pm) and Bob Ward, Town Planner.
1. Role Call
As listed above. Absent were: Helmut Busack, Chairman and Cindy Merchant, Alternate.
2. Seating of Alternates
Evelyn Auger was seated for Helmut Busack.
3. Action on Minutes:
a. Regular meeting of June 21, 2007
Carmine Cioffi made a motion to accept the minutes of June 21, 2007 as presented, seconded by Evelyn Auger. After a correction was made to the spelling of a name. All in favor , motion passed.
5. New Business
a. Public Hearing re: Public Service of New Hampshire (Applicant), Tree trimming/removal on Scenic Roads (Brook Road, Calef Hill Road, Hale Road and Tower Hill Road)
Bob Ward stated that this is a routine request from Public Service of New Hampshire (PSNH) to obtain permission for the trimming of trees along scenic roads in Town. This Public Hearing was noticed in the Laconia Citizen and the standard posting places in Town. Mr. Ward introduced Mr. David Crane of PSNH who is the representative from PSNH. Mr. Crane stated that this is standard maintenance and that PSNH typically does approximately 20 – 25% of their lines each year. The specifications for removal call for the trimming of limbs which are 4” in diameter within a certain distance from the power lines. Larger trees are removed on a case by case basis. Mr. Crane stated that Asphlund Tree Co. is the contractor doing the work in Town. All owners have been contacted and
there have been no major concerns expressed. He further stated that there had been some work already done on Hale Road and Tower Hill Road which was done by accident and he apologized for the error.
Chair Bormes opened the discussion to abutters present. Being that there were no abutters present, Chair Bormes closed the discussion to the public and opened discussion to the Board. Dick Gardner stated that this is pretty routine and feels that PSNH should update their maps to reflect the proper names for the roads in Town. Carmine Cioffi made a motion to approve the application for the trimming of trees by PSNH on the roads specified, seconded by Evelyn Auger. All in favor, motion passed.
Peter Dascoulias, Alternate joined the meeting at 7:10 pm.
4. Old Business
a. Continued Public Hearing re: Gary Tripp (Applicant), 3-Lot subdivision proposed at 355 Stage Road (NH Route 132), Tax Map 9, Lot 23.
Bob Ward asked Les Mills of Granite State Surveying, representing Gary Tripp (Applicant), to present any additional information pertinent to this application. Mr. Mills stated that he had recalculated the figures for the lots in regards to the percentage of wetlands and had researched the steep slope restrictions as well as the conservation set-aside. He stated that there are no prohibitions in Sanbornton’s ordinances as to the minimum lot area in regards to steep slopes. Mr. Mills also stated that the conservation set-aside regulation asks for 5% of the total acreage to be set-aside for conservation purposes. The proposal for this application is to set-aside a 25’ buffer on both sides of Salmon Brook. This results in a 21% set-aside which is within prime
wetlands, for this subdivision and more than satisfies the requirements. He further stated that the calculations for upland area have concluded that each lot is more than within the requirements also. Proposed lot 23-1 calculates to 59% in upland area.
Evelyn Auger stated that she is related to one of the abutters and asked if the Planning Board members felt this was a problem. The consensus of the Board was that this was not a reason for her to step down during consideration of this matter. Evelyn Auger asked Mr. Mills calculation is 50% of the entire parcel or 50% of the minimum lot required. She stated that she was on the Board when this part of the ordinance was written and that it is unclear, but she recalls that wet lands were allowed to be considered if the proposed lot was not large enough to meet requirements. Wet lands could be added to make the proposed lot the correct size for the zoning district. Mrs. Auger stated that she feels the regulation means 50% of the entire lot. Chair Bormes opened the discussion to
abutters. Deborah Auger asked if the wetlands are 50% of each lot or 50% of the total of all lots. Bob Ward stated that this answer hinges on the Planning Boards interpretation of Article 15, Section 2, Section E of the Zoning Ordinance.
“Inclusion of wetland areas within residential lots in order to meet minimum lot areas or yard requirements when such use is consistent with the purposes and intentions of this District and any other pertinent municipal ordinances. A minimum residential lot may have not more than 50% of its area in the Wetlands Conservation District, contingent upon the remaining lot area being sufficient in size and configuration to adequately accommodate all required utilities, such as sewage disposal - both original and replacement leach-fields - water supply.”
Mr. Ward stated that there can be different interpretations of this section. Using a hypothetical proposed lot of 4.0 acres, one interpretation is if taken to mean not more than 50% of minimum lot, then 50% of the minimum lot area would be 1.5 acres. However, if it is 50% of the entire lot area then 50% would be 2.0 acres in this instance. Chair Bormes stated that he feels it means minimum lot size and that these lots more tan meet the requirements for this. Evelyn Auger stated that if the ordinance meant 50% of the minimum then it would have stated 1.5 acres. Chair Bormes pointed out that the ordinance does not specify the area has to be contiguous. Peter Dascoulias stated that he agrees with Chair Bormes, this is based on a minimum lot size of 3 acres. Terry Lewis stated
that each lot needs to stand on its own merits based on the criteria. Les Mills asked what the intent of the voters was when this was passed. If this was taken in the context of 50% of the entire lot then a 100 acre parcel proposed for a 2-lot subdivision that has 65 acres of wetlands and 25 acres of uplands would not be buildable with 12.5 acres of upland in each.
Chair Bormes closed the discussion to pubic comment and opened the discussion to the Board. Chair Bormes stated that he feels all of the requirements have been met. Carmine Cioffi and Selectmen’s Representative Ober agreed with Chair Bormes. Carmine Cioffi made a motion to approve the application with conditions, seconded by Steve Ober. Bob Ward stated that the conditional approval is based on the applicant presenting the Board with the conservation covenants and easements. A vote was taken, yes – 4, abstain - 1. Application approved with conditions. The conditional approval is continued for Public Hearing until August 16, 2007 at 7:15 pm.
5. New Business
b. Public Hearing re: Priscilla Bodwell & Elaine Mitchell (Applicant’s), 2-lot subdivision proposed on Meeting House Hill Road, Tax Map 20, Lot 47.
Bob Ward stated that this application has been submitted and appears to be complete. He further stated that Patsy Wells will be representing the applicant for this hearing. Mrs. Wells explained that his lot is directly behind existing Town lots and will be merged with those to provide for road frontage. She further explained that there is an existing purchase and sales agreement in place for this transaction and that the Town will also be buying back the sewer easement. Chair Bormes explained that the Board will have to deny this application so that the applicant can go before the Zoning Board of Adjustment (ZBA) to obtain a variance as this will create a land locked piece of property. Patsy Wells stated that this parcel is already land locked and this action will
improve on that as the lot which is land locked will be much smaller. Bob Ward stated that the applicant has a hearing scheduled with the ZBA on Tuesday, 7/24/07. He further stated that this application needs to be denied by the Planning Board so the applicant can make an appeal to the ZBA. The subdivision regulations require that all lots within a subdivision comply with all regulations. The ZBA can approve a variance and then the Planning Board can approve it then or the applicant could merge 3.7 acres with Tax Map 21, Lots 26 – 27. Evelyn Auger stated that she sees this as a simple Boundary Line Adjustment (BLA). Dick Gardner stated that he agrees as the plan states that it is for a BLA. Bob Ward stated that whether it is a BLA or a minor subdivision, the regulations state that the process is the same. (Town of Sanbornton Subdivision Regulations Section 5.4) Evelyn Auger stated that this BLA only changes the size of the lot, it does not create any new lots. Carmine Cioffi
made a motion to consider this application as a Boundary Line Adjustment, seconded by Evelyn Auger. Patsy Wells suggested making approval contingent on the ZBA’s decision then the Planning Board Chair can sign it without a second Public Hearing. Carmine Cioffi made an amended motion that the application be approved contingent on ZBA approval, seconded by Steve Ober. All in favor, amendment passed. Chair Bormes called for a vote on the amended motion, all in favor, motion passed.
5. New Business
c. Preliminary Conceptual Consultation re: Eastman Hill Enterprises, Inc. (Applicant), up-dated Master Plan for Steele Hill South, Steele Hill resorts located at 516 Steele Hill Road, Tax Map 4, Lots 63
& 64.
Bob ward asked Attorney Dyer, applicant’s representative, to present to the Board. Attorney Dyer stated that they are not attending the meeting for subdivision or site plan approval. The purpose of this request is to update the Planning Board’s records and accept into the public record only what has already been approved by the Planning Board. He further stated that several plans are not present in the Planning Board’s files as well as discussions and approvals of several aspects of the planning process. Mr. Bill Cutillo, owner of Steele Hill Resorts, just wants to make sure that everything is there so there will be no issues in the future. Attorney Dyer stated that in 1982 the Planning Board approved the recreation center and 100, 2-bedroom units. There was
an additional easement granted at that time which is not on file. In 2001 it was brought to the voters at Town Meeting to build the remaining units at a different location so they would not be located on one of the highest points in Town. The voters decided unanimously to accept this and the granting of the easement. In 2002 there was an agreement signed by the Board of Selectmen and representatives of Steele Hill giving the Town an additional 90 acres of conservation land in exchange for building on the site of the previous conservation easement. Steele Hill came back to the Planning Board in June of 2003 for site plan approval which was reviewed and approved.
Bill Cutillo requested that prior, approved plans be recognized by the Planning Board for the purpose of record only. Dick Gardner asked how difficult it would be to go through the records to ensure that all source documents are in tact. Bob Ward responded that he would need to compare the Planning Board files to the applicant’s files to determine where the gaps are. Peter Dascoulias stated that this is an administrative matter and a motion should be made to re-establish the record. Evenly Auger made a motion to re-establish the record pertaining to Eastman Hill Enterprises, Inc, Steele Hill South, Steele Hill resorts, seconded by Carmine Cioffi. All in favor, motion passed.
6. Other Business
None
7. Planners Update
a.) Bob Ward presented the Board with a draft of interview questions that were requested at a previous meeting.
b.) Mr. Ward stated that the Planning Board is fully staffed at this time as all alternate seats have been filled.
c.) The Town is looking for one candidate to serve as representative for the Lakes Region Planning Commission. Ralph Carter was recently appointed to one of these positions but the other is vacant. Carmine Cioffi expressed his interest in this position. Dick Gardner made a motion to submit Carmine Cioffi to the Board of Selectmen as a candidate for representative to the Lakes Region Planning Commission, seconded by Steve Ober. All in favor, motion passed. Bob Ward stated that he will inform the Town Administrator that Carmine Cioffi has been recommended by the Planning Board for the Lakes Region Planning Commission.
d.) Bob Ward stated that he has been waiting for a new Fire Chief to be appointed before going any further with the Subdivision Regulation amendments. He has already spoken to John Hubbard at the Department of Public works and received his input.
e.) Bob Ward stated that he had been working with the Town Administrator in regards to the Pow Wow which will be in Town in August. He presented the Board with the memo which he sent to the Town Administrator outlining any concerns there were in relation to Planning.
f.) Bob Ward stated that the Town Master Plan is now available for viewing on the Planning Department’s page on the Town Web Site. Bob Ward stated that he sent notices to the Boards and Commissions which are applicable requesting for them to make member appointments for the Master Plan Advisory Committee. The meetings will be roughly once a month. Mr. Ward stated that he is also requesting member for this committee from various departments in Town and requested the Board’s input regarding Civic and special interest groups for this committee.
8. Meeting Adjourned
Carmine Cioffi made a motion to adjourn, seconded by Steve Ober. All in favor, motion passed.
Meeting adjourned at 9:28 pm.
Respectfully submitted,
Carole Chase
Recording Secretary
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