DRAFT
MEETING MINUTES
SANBORNTON PLANNING BOARD
November 1, 2007
The meeting opened at 7:04 pm with the following members in attendance: Helmut Busack, Chairmen; Don Bormes, Vice Chair; Dave Nickerson, Selectman’s Representative; Dick Gardner, Member; Carmine Cioffi, Member; Evelyn Auger, Alternate; Cindy Merchant, Alternate and Bob Ward, Town Planner.
1. Roll Call
As listed above. Absent were: Steve Ober, Selectman’s Representative; Peter Dascoulias, Alternate and Terry Lewis, Alternate.
2. Seating of Alternates
N/A
3. Old Business
a. Formalize policy on Alternate Member participation in Public Hearing
Bob Ward stated that a policy for Alternate participation during a Public Hearing needs to be formalized. Mr. Ward stated that Attorney Waugh made it clear that there is no RSA or case law that stipulates the function of an Alternate at a Public Hearing but agrees that a formal policy needs to be adopted by the Planning Board concerning this. It is also very important to make it clear to the public attending a Public Hearing exactly what the Alternates’ capacity is. Chair Busack opened the topic for a 5 minutes discussion. Cindy Merchant stated that if it is not a law and only the opinion of the Attorney why is it being brought forward now? Chair Busack stated that law seminars and lectures he has attended have brought this question forward a number of times stating
that it is strongly advised by the legal community to have a policy such as this. Evelyn Auger stated that there is no RSA, it is not included in Robert’s Rules and it is not in the Administrative rules either. Dick Gardner stated that a Public Hearing is a 3 step process. Public input, Board Deliberation and Board vote. He further stated that he believes the Alternates should be allowed to participate in the first two steps of the process and that it should be made clear to the public attending a hearing that the Alternates are not allowed to vote in the final decision. Dick Gardner made a motion that the Sanbornton Planning Board continue its long standing practice allowing Alternate Members to participate in a Public Hearing and Board deliberations though they have no standing to vote in the final decision, seconded by Don Bormes. Chair Busack called for a role call vote. Dick Gardner – yes, Don Bormes – yes, Carmine Cioffi – yes, Dave Nickerson –
yes, Helmut Busack – no. Motion carried.
Bob Ward stated that he has found a copy of Board “Rules of Procedure” which the previous Town Planner had been revising and asked if it had ever been formally adopted. The consensus of the Board was that it has not been adopted. Bob Ward stated that this will be scheduled for the workshop meeting in December and tonight’s motion will be incorporated into it with current copies made available to the Board.
b. Discussion concerning where affordable/workforce housing is permitted
Bob ward stated that no mention is made in the Zoning Ordinance concerning workforce housing. However, mobile homes are allowed in the General Agricultural, Forest Conservation and Commercial Districts, and this is the only way the subject is addressed. Evelyn Auger stated that the Town has 5 units of subsidized housing available in the Commercial District. Don Bormes asked what the criteria for workforce housing is. Bob Ward explained that mobile home parks are a good example as well as multi-family housing. Multi-family housing is referenced in the definitions section of the Ordinance and is only provided for in the Zoning Ordinance in the Commercial District. Mobile Home Parks are not listed as a permitted use in any zoning district. Don Bormes stated that this topic
should be tabled until the Community Survey is completed and a consensus of the Town can be obtained.
c. Report on mapping program for Sanbornton
Bob Ward presented the Board with a first draft of the Road Map which is currently in the development stage. This will be presented to the Board of Selectmen for final approval and will ultimately be the base map for the Master Plan and the Zoning Ordinance. Bob Ward explained that he had borrowed all the maps pertaining to the Town of Sanbornton from the Lakes Region Planning Commission. He will be using these maps to determine which maps the Town is missing and will provide a full list to the Planning Board of all maps needed to complete the Town’s inventory. Lakes Region Planning Commission does not have the ability to reproduce the maps, so Mr. Ward will be costing out the reproduction costs to have these both in paper form and digital.
4. New Business
a. Meeting with Ralph Carter re: Lakes Region Planning Commission
b. Meeting with Ralph Carter re: Transportation Advisory Committee
Ralph Carter stated that the New Hampshire Department of Transportation is currently working on a 10 year plan. This involves 4.2 million in projects with 2.3 million budgeted. The Board of Selectmen have been approached with information concerning Exit 19 and the traffic issue from West Franklin to I-93. There has also been discussion of a signage program for traffic diversion for emergencies.
Mr. Carter also reported that 16 new rules have been passed regarding changes in shoreline protection. These were presented to the LRPC by NHDES. These new rules will take effect on April 1, 2008. Mr. Carter suggested having a joint meeting with NHDES, the Planning Board, various Boards in Town and the public to present the new rules with specificity on how they will effect Sanbornton. Discussion followed concerning sewer lines along Lake Winnisquam and Lake Shore protection.
c. Discussion re: procedure for reviewing Boundary Line Adjustments
Bob Ward stated that Evelyn Auger had raised this question after the previous Board meeting when a Boundary Line Adjustment was heard. Evelyn Auger stated that a Boundary Line Adjustment is not a subdivision and should not be treated as such. A Boundary Line Adjustment (BLA) adds to or subtracts from a lot, it does not create a new lot. Bob Ward stated that a BLA changes the lines between 2 adjacent lots and that the lot decreasing in size would have to subdivide off a portion of that lot in order to transfer that land. Mr. Ward further stated that if the Board contends that a BLA is not a subdivision then it should not be regulated in the Subdivision Regulations. Evelyn Auger stated that the Conservation Set Aside does not apply to BLA’s and this excemption should be
added to the wording of the subdivision regulations. Chair Busack stated that in the past all BLA’s were signed by the Town Planner and it is just in recent years that the Planning Board is reviewing BLA’s. There is nothing specific in the regulations which requires a public hearing. Bob Ward stated that in Section 5.4 of the Regulations it is very specific that BLA’s are handled the same as subdivisions. Dick Gardner stated that in the referenced section it states that the application process is the same, not the criteria. The issue was tabled for further study.
5. Other Business
a. 8:30 pm Meeting with Fire Department & Department of Public Works re: Subdivision Regulations
Bob Ward explained that John Hubbard of the Department of Public Works would not be able to attend the meeting due to a previous commitment. Fire Chief John DeSilva referenced the National Standards which have been adopted by reference by the State Fire Marshall. On the issue of Dead End roads the fire codes for the State require a 24’ travel surface. This exceeds the Town’s criteria of a 22’ travel surface. The grade can not exceed 10% which is less restrictive than the Towns proposed 8% grade. Chief DeSilva stated that the State Fire Marshall can grant a variance to the developer on a case by case basis. Chief DeSilva also stated that the turn around at the end of a dead-end road is required to have a 120’ outside diameter for any road longer than 300’. Bob Ward stated that he has concerns about imposing these standards in a rural community. Chair Busack stated that current Town regulations call for a 50’ right-of-way so it is not unreasonable to have a 12’ travel lane.
Chief DeSilva also stated that any development of 3 or more units requires that fire protection be provided. These can be sprinklers, dry hydrants and underground cisterns. Chief DeSilva stated that he prefers cisterns. Bob Ward requested a copy of the Fire Protection regulations for further study. He will bring his findings concerning road and fire protection standards to the next workshop meeting.
4. New Business (continued)
d. Decision re: meeting dates for December meetings
Bob Ward stated that the regular meeting date for December will fall on December 20th. This date may pose a problem for applicants and/or Planning Board Members as it falls so close to the Christmas holiday. Chair Busack made a motion to hold the regular meeting for December on December 6, 2007 and to cancel the workshop meeting for December, seconded by Dick Gardner. All in favor, motion carried.
e. Discussion re: presentation of the SPB budget to BOS on November 14, 2007
Bob Ward stated that the Planning Board is scheduled to present its budget to the Board of Selectmen on November 14th. Last year Don Bormes and Bob Ward attended the meeting to perform this task. All agreed that Don Bormes and Bob Ward should attend the meeting to present the budget.
6. Planners Update
a. correspondence
N/A
b. Update on Master Plan
Bob Ward presented the Board with the final draft of the community survey which will be presented to the Master Plan Advisory Committee on December 6th. All agreed that with the exception of a few minor changes the survey is ready for distribution. Bob Ward stated that he will not be able to coordinate the hand delivery of the survey as anticipated. He further stated that he has contacted a mailing service company pertaining to the cost of printing and mailing 1,800 copies of the survey to Sanbornton residents. Their quote came in at between $1,421 and $1,670 depending on the format of the document and photo copying. Dick Gardner stated that the cost of the project warrants obtaining 3 bid proposals. Bob Ward stated that he will have this information for the Board
at the next meeting.
c. Update on amendments to Zoning Ordinance
Bob Ward stated that good progress is being made on this project. Most of the amendments have been located in the Ordinance already with only the amendments from 2004 and some definitions having been identified as actually missing. The project should be completed by the November 15th deadline.
7. Adjournment
Chair Busack made a motion to adjourn, seconded by Dick Gardner. All in favor, motion carried.
Meeting adjourned at 9:55 pm.
Respectfully submitted,
Carole Chase
Recording Secretary
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