Sanbornton Planning Board
Meeting Minutes
August 16, 2007
The meeting opened at 7:08 pm with the following members in attendance: Don Bormes, Vice Chair; Dick Gardner, Member; Carmine Cioffi, Member; Evelyn Auger, Alternate; and Bob Ward, Town Planner.
1. Role Call
As listed above. Absent were: Helmut Busack, Chairman, Steve Ober, Selectmen’s Representative; Cindy Merchant, Terry Lewis, Mary Earley and Peter Dascoulias, Alternates.
2. Seating of Alternates
Evelyn Auger was seated for Helmut Busack.
3. Action on Minutes
a. Regular Meeting of July 19, 2007
Carmine Cioffi made a motion to accept the minutes of July 19, 2007 as presented, seconded by Evelyn Auger. All in favor, motion passed.
b. Workshop Meeting of August 2, 2007.
Carmine Cioffi made a motion to accept the minutes of August 2, 2007 as presented, seconded by Dick Gardner. All in favor, motion passed. (Evelyn Auger abstained)
4. Old Business
a. 7:15pm Public Hearing: Gary Tripp, Application for 3-Lot subdivision on 355 Stage Road (NH Route 132) Tax Map 9, Lot 23.
Bob Ward stated that this application was heard and presented at the regular meeting in July. It was granted a conditional approval pending a conservation easement satisfactory to the Planning Board. He further stated that he had met with the applicants to provide examples of land conservation easements for other subdivisions. He stated that the easement will be referenced as a brief note on the final plat and will be filed as a complete document as well. He further stated that he recommends the approval of the easement. Carmine Cioffi made a motion to grant final approval of the subdivision, seconded by Evelyn Auger. All in favor, motion passed.
Chair Helmut Busack and Selectmen’s Representative Steve Ober joined the meeting at this time, 7:20 pm. Evelyn Auger was returned to Alternate status as a non-voting member.
Chair Busack recessed the meeting for the Board to meet with Attorney Bernie Waugh prior to the next agenda item.
Meeting recessed at 7:21 pm.
Meeting reconvened at 7:55 pm.
b. 7:30 pm Public Hearing: Peter and Christine Thompson, 15-Lot “Conventional” subdivision/continuation of application for cluster subdivision on New Hampton Road (NH Route 127) Tax Map 15, Lots 64-1 & 64-2.
Bob Ward asked for clarification for the sight distance profile review. There are two plans which were submitted and they show the Northerly road in two different locations. Thompson’s engineer, Mike Sievert, stated that one of the plans is for the “conventional” yield plan and the other is for a cluster subdivision.
Attorney Philpot requested clarification regarding an article in the Daily Sun which referred to the letter from DOT being a current one. Bob Ward stated that the letter referred to in the news article is the one which was received from DOT in the past (dated 2/24/06) and is included in the file.
Attorney Philpot requested that Mike Sievert of MJS Engineering clarify the site distance issue for the southerly entrance. Mr. Sievert stated that there are two plans available regarding this, one is the “Site distance plan
for the South Entrance” and the other is a “Site distance plan for the proposed cluster”. Chair Busack asked Bob Ward, Town Planner, to address any questions to Mr. Sievert. Bob Ward stated that he had no questions at this time.
Attorney Philpot stated that the plan shows 15 lots and pointed out that they would not be asking at this time for the “bonus lot” provided for in the Zoning Ordinance as 16 lots would not achieve the developer’s intent. Dean Clark of DMC Surveyors addressed the issue of steep slopes. He stated that the average slope for the entire parcel is 7%. Attorney Philpot stated that the potential house locations as well as septic systems and test pits were included in the May 1, 2007 submission to the Board.
Attorney Philpot asked Mike Sievert to address the cul-de-sac issue. Mr. Sievert stated that on the plan for a conventional subdivision the proposed cul-de-sac road takes off from the top of the loop road and that the distance is less than 1,000 feet.
Bob Ward stated that not all the additional information that the Board had requested at the June Planning Board meeting from the applicant has been provided including delineation of steep slope areas.
Chair Busack opened the discussion to abutters. Stuart Dyment, abutter, asked if abutter property to the south (O’Neill property) will be affected by the southerly entrance road and where additional storm water will flow. Mike Sievert responded that if the road is constructed no disturbance will be made to the abutting property. He further stated that any run off would be directed into a holding area prior to release to meet the Town’s regulations.
Attorney Philpot stated that a point was raised at trial regarding wetlands crossings on the road and asks if this is still an issue. He further stated that they will not be seeking permits or variances at this time. Attorney Waugh stated that the Planning Board reviews whether they feel the Zoning Board of Adjustment would conceivably approve a waiver. Attorney Philpot pointed out that all wetland crossings have been minimized in the current plan.
Bob Ward stated that at the Public Hearing of this application in June, the Board had requested that he provide aerial photographs of the property both with leaves off and leaves on. He presented, for the Board’s inspection, photos taken in 1998 (with the leaves off) and 2003 (with the leaves on) which he had obtained through Lakes Region Planning Commission. Attorney Philpot asked what the purpose of these photos is. Bob Ward replied that the aerial photos will aid the Board as they were not able to inspect the back half of the Thompson property when it was inspected on August 2, 2007 due to dense brush.
Chair Busack made a motion to take all information under consideration and to discuss it at the next meeting so that a written statement of decision can be presented to the applicant, seconded by Dick Gardner. All in favor, motion passed. Chair Busack made a motion to nominate Vice Chair Bormes to write a preliminary statement for the Board and Attorney Waugh to review, seconded by Carmine Cioffi. All in favor, (Vice Chair Bormes abstained) motion passed.
Chair Busack announced to all the abutters that the Public Hearing is continued to Thursday, September 20, 2007 at 7:15 pm.
5. New Business
a. 8:00 pm Public Hearing: Robert & Tami Dion, 3-Lot subdivision on Burleigh Hill Rd, Tax Map 21, Lot 63.
Bob ward explained that this is an application for a 3-lot subdivision on Burleigh Hill Road and Calef Hill Road. The total lot is 13.05 acres in the General Agricultural District which will make it necessary to provide for a 5% conservation land set aside. He further stated that there are no calculations on the plan for buildable lot area. There is also no indication of proposed driveway cuts and no delineation of wetland overlay zone. Bryan Bailey is the surveyor representing the applicants. Mr. Bailey stated that there are no impediments along the Burleigh Hill Road side of the plan in regards to driveway cuts as it is a straight stretch of road and there is ample road frontage. He further stated that he has all the calculations available for buildable lot areas. Bob Ward
stated that the 75 and 100 foot setbacks for wetlands need to be shown on the existing conditions map and also on the final plat. He further stated that not all of the septic systems are in compliance with the Sanbornton Zoning Ordinance. Bryan Bailey (licensed land surveyor) stated that all are in compliance with the State regulations and feels that waivers can be obtained for those that do not comply. Mr. Bailey gave a brief overview of the plan. He stated that it is moderately sloped to flat and that there are no prime wetlands on the property, all wetlands are “forested wetlands”. The proposed subdivision would create 3 lots, one of 3.5 acres, one of 4.25 acres and one over 5 acres. He requested that the plans be accepted as complete by the Board so that the process of approval can begin.
Chair Busack opened the discussion to abutters. Brian Mokler, abutter, stated that the plan should reflect the correct spelling of Calef Hill Road. He also pointed out that the application states that the land is not in current use. The Tax Card for this property does indicate that all but 1 acre is in current use. He further stated that he does not feel it is a good plan to put two houses into the field as it does preserve with the rural character of the Town and that the property is surrounded by protected conservation easements. He states that this is a large area for wildlife as it is now. He feels that this subdivision would diminish property values in the area which includes Town owned property. Mr. Bailey stated that the owners do not wish to provide a conservation easement or place restrictions on the land. Evelyn
Auger stated that while not optimum, the law allows for subdivisions such as this. Chair Busack asked if the Conservation Commission has been approached in regards to the purchase of this land or a conservation easement. Mr. Mokler responded that they have not been contacted yet as this requires a willing landowner. Evelyn Auger stated that as a Conservation Commission member on the Planning Board she will bring this issue up to the Conservation Commission.
Barbara Whetstone asked how much land is required to be held out of current use for the house site. Evelyn Auger stated that this question should be asked to Rob Jutton in the assessing department. Bob Ward stated that this may be an excellent project for the Sanbornton Conservation Commission and the Lakes Region Land Trust. He also stated that this project would be eligible for LCHIP funding.
Bob Ward stated that the applicant needs to address the following issues. The location of the septic system needs to be changed to comply with the wetlands overlay zone and the front corner bounds need to be granite monuments. Also, the 5% set aside needs to be shown on the plan. The buffers for the wetland overlay zone (100 and 75 feet) need to be shown on the plan and the State approval for septic systems needs to be obtained. The buildable lot area needs to be submitted in writing, preferably on the plan. The proposed driveways need to be shown and also need to be reviewed with the Town’s Road Agent. Based on these items he stated that he does not feel that the application is complete at this time. Bryan Bailey requested a continuance for the Public Hearing. Chair
Busack informed the abutters that the Public Hearing will be continued until Thursday, September 20, 2007 at 7:30 pm.
6. Other Business
None.
7. Planners Update
Bob Ward stated that he had provided information to the members concerning a Municipal Law Seminar and also the Fall Planning and Zoning Conference. Anyone on the Board wishing to attend should inform him of their intent.
Evelyn Auger requested that a discussion pertaining to driveways be placed on the next Workshop agenda.
8. Meeting Adjourned
Carmine Cioffi made a motion to adjourn, seconded by Dick Gardner. All in favor, motion passed.
Meeting adjourned at 9:50 pm.
Respectfully Submitted,
Carole Chase
Recording Secretary
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