DRAFT
MEETING MINUTES
SANBORNTON PLANNING BOARD
February 21, 2008
The meeting opened at 7:03 pm with the following members in attendance:; Don Bormes, Vice Chair; Steve Ober, Selectman’s Representative; Dick Gardner, Member; Carmine Cioffi, Member; Cindy Merchant, Alternate; Evelyn Auger, Alternate; and Bob Ward, Town Planner.
1. Roll Call
As listed above.
Absent were: Helmut Busack, Chairman; Peter Dascoulias, Alternate; and Terry Lewis, Alternate.
2. Seating of Alternates
Evelyn Auger was seated for Helmut Busack.
3. Action on minutes
1. Workshop meeting of February 7, 2008
Carmine Cioffi made a motion to accept the minutes of February 7, 2008 as presented, seconded by Evelyn Auger. All in favor, motion carried.
4. Old Business
a. Robert & Tammi Dion, Proposed 3-Lot Subdivision, Review for compliance with previous Sanbornton Planning Board conditions (P07-S06)
Bob Ward explained that this is a housekeeping matter for a previously approved 3-lot subdivision at Tax Map 21 Lot 63 on Burleigh Hill Road. The subdivision had been approved by the Planning Board on September 20, 2007 with two conditions. The first was the placement of granite bounds and notation of such on the legend. The second was for the written Conservation Easement to be added to the Final Plat. Mr. Ward stated that all fees have now been paid by the Applicant. Mr. Ward further pointed out that the revised plans show the granite bounds have now been added although the Conservation Easement has not been noted in the form required by the Planning Board. Carmine Cioffi made a motion to authorize the Chairman of the Sanbornton Planning Board to sign the Final Plat once
the Conservation Easement has been noted on the Final Plat in proper form and the Final Plat has been reviewed by Bob Ward for compliance. The motion was seconded by Evelyn Auger. All in favor, motion carried.
5. New Business
a. Pre-Application Discussion: Channel Marine, Proposed 2-Lot Subdivision
Bob Ward explained that this is a complicated subdivision as the parcel is located both in Tilton and Sanbornton. The applicant, Channel Marine, is seeking a 2-lot subdivision of the property which totals 10.78 acres. The front (southern portion) of the property is located in Tilton and the rear of the property is located in Sanbornton. All commercial activity is currently located in the Town of Tilton with the Sanbornton portion of the lot being wooded.
James Bolduc of Lepine Engineering and Surveying, representing the applicant, presented the subdivision proposal. Mr. Bolduc explained that less than one acre is currently being used for the Channel Marine facility on Route 3 in Tilton. The facility consists of boat sales, storage and service. A site plan for the facility was approved by both the Sanbornton Planning Board and the Tilton Planning Board in 2003. The proposed subdivision would separate 10.7 acres in the rear of the property while the current facility would remain unchanged. Mr. Bolduc further explained that there are a number of constraints on the property such as prime wetlands and it lies partially in the Aquifer Conservation Zone. The parcel is located in the Resort/Commercial District in Tilton and
falls in both the Commercial and Agricultural Zoning Districts in Sanbornton.
Steve Ober asked where the road frontage in Sanbornton is located. James Bolduc stated that he has been to the Tilton Planning Board with conceptual designs and also to the Tilton Zoning Board to discuss possible variances as the entire road frontage is located in Tilton. There is 310 feet of frontage on Route 3 in Tilton. Tilton requires a minimum of 150 feet of road frontage. The cut would run along side of the current building and the applicants would be seeking a variance from Tilton for the setback. Steve Ober asked if the Applicant has approached the NHDOT regarding access onto Route 3. Mr. Bolduc responded that they would be proposing a joint use driveway but they have not contacted the NHDOT yet. Mr. Bolduc further explained that they have applied for two variances
from Tilton. One for road frontage and the other for the size of the remaining lot. The previous Zoning Board Hearing in Tilton was rescheduled due to improper wording in the notification of the Public Hearing.
James Bolduc stated that during the pre-conceptual meeting with Tilton’s Planning Board the Board seemed to prefer the plan for leaving the existing road frontage with the current facility and creating a 30 foot access easement from Route 3 up to the Tilton/Sanbornton Town Line leaving the current lot as is. Don Bormes stated that this plan would create a problem as in would not meet Sanbornton’s regulations for 220 feet of road frontage. Evelyn Auger stated that it would create a hardship situation and the Applicants would have to seek a variance from the Sanbornton Zoning Board. Don Bormes stated that it would still be difficult as the division would create a land-locked parcel in Sanbornton which is not currently land-locked so it would be considered a
self-imposed hardship. Evelyn Auger stated that it is already considered to be two separate parcels as one is in Tilton and one is in Sanbornton so they are taxed separately. Cindy Merchant asked if there is any road frontage on Chapman Road in Sanbornton. Mr. Bolduc responded that the complete survey has not been conducted yet but there does not appear to be any road frontage on Chapman Road. Don Bormes stated that there could be no variance for hardship at this time as none exists; once the subdivision is done one would be created. Mr. Bolduc responded that they would be seeking three variances from Sanbornton. One for frontage, one for lot size as there are 10.78 acres total and the aquifer requires 6 acres so 12 acres would be necessary for two lots and one for hardship. Cindy Merchant asked who borders on Chapman Road and stated that the Applicant could contact abutters to obtain enough property to meet the road frontage requirements. Mr. Bolduc stated that they will look into
this.
Steve Ober asked if a residential home can be built in the Commercial District. Bob Ward responded that it could. Mr. Bolduc asked for clarification of the Zoning Ordinance regarding the Aquifer Conservation District stating that the Ordinance does not describe the criteria and asked if it is the net of wetlands and steep slope. Don Bormes stated that the only requirement of 6 acres is if building then it has to be a 50% buildable lot. Bob Ward stated that the 50% buildable lot requirement is in the Floodplain Conservation and Wetlands Conservation Zoning Districts and not in the Aquifer Conservation Zone but that there is a 10% maximum for impervious surfaces in the Aquifer Conservation Zone.
Mr. Bolduc asked the Board if the preferred plan from Tilton with an access easement should be pursued in Sanbornton. Dick Gardner stated that the easement would still be an issue when the lot is developed. Evelyn Auger stated that the hardship is that the property is already two separate parcels; the one parcel in Sanbornton has no access which is a current hardship. Don Bormes stated that this is not an issue for the Planning Board at this point, but that the Applicant needs to go to the Zoning Board in Sanbornton first.
c. Public Hearing: Kim Delois-Fannie, Proposed 4 Unit Condominium Conversion, Tax Map 17 Lot 79 at 147 Lower Bay Road. (P08-S01)
Bob Ward explained that this is a Public Hearing for P08-S01 for a 0.65 acre parcel located between Bay Road and Lake Winnisquam. The property contains four existing rental cottages and the Applicant is proposing conversion from single ownership to four stand alone, separately-owned condo units. Joseph Wichert from Joseph Wichert LLC Engineering and Surveying appeared representing the Applicant. Bob Ward stated that he had previously spoken with the representative from Wichert Engineering and indicated that there were several fundamental questions pertaining to various issues and that he strongly suggested that the Applicant go to a Pre-Application Discussion meeting first, but that the Applicant chose to go directly to Public Hearing.
Mr. Wichert explained that due to scheduling constraints the Applicant chose to go directly to Public Hearing. He further explained that the proposal is to convert four existing structures at Lakewood Cottages into stand alone condominium units. The intent of the Public Hearing is to make the initial presentation and he does not expect final approval this evening. Dick Gardner asked if there is an application as the Planning Board’s usual practice is to accept the application prior to any presentation by the Applicant. Bob Ward explained that due to the fact that there is a fundamental question as to whether or not the project is an allowable use in the Recreational Zone that it is in the best interest of the Planning Board to listen to the presentation first and discuss the application after the
presentation is made. Mr. Wichert explained that the existing property is developed and serviced by municipal sewer. It falls in the Recreational District with a Shore Front Overlay. The Applicant is not suggesting any physical change to the buildings or site improvements. The only difference would be the form of ownership. The remaining area would be designated as common area or limited common area. The intent of limited common area would be to establish roughly a ten foot area around each unit to enable the owners to garden or landscape as they see fit. It would also provide for assigned parking. Mr. Wichert further explained that there is 365 feet of shorefront with four existing docks. Dock #1 would have an easement for the property located across the Lower Bay Road for boat docking. Don Bormes pointed out that Dock #1 would then be considered a separate parcel making the total parcel count five. He further stated that he does not see how the Planning Board can approve the site
plan as the Zoning Ordinance only allows for one residence per lot. Dick Gardner stated that it has been done previously. Bob Ward stated that he has two major concerns. The first is that in the Zoning Ordinance, Article 4, General Provisions, Section F states that only one dwelling can stand on an individual lot. The cottage development on this parcel contains four dwellings on one lot and is therefore a non-conforming use. Since this non-conforming use predates the Sanbornton Zoning Ordinance, it is a pre-existing, non-conforming use which is “grandfathered”, as described in Article 17A of the Zoning Ordinance which states that “continuance of such non-conforming use is permitted” under the terms defined in that zoning article. Mr. Ward further pointed out that Article 17A(1) states that a change to a different non-conforming use is not permitted. How this provision is interpreted is key and Mr. Ward suggested obtaining the advice of
Attorney Bernie Waugh on interpretation. Further, Mr. Ward stated that he had reviewed condominium conversions previously done and none of them have been approved under Sanbornton’s Subdivision Regulations. All previous conversions were done under Sanbornton’s Site Plan Review Regulations although the conversion is technically a subdivision as defined by both Town regulations and State statutes. The question is whether both the Subdivision Regulations and Site Plan Review Regulations should be applied. This is a process decision which should also be reviewed by Attorney Waugh. Mr. Wichert stated that there is no change in use only in ownership. He also stated that he feels it should be reviewed under subdivision regulations as it better fits with the State RSA’s governing condominiums. He also stated that he has no issue with Attorney Waugh reviewing the condominium documents. Don Bormes stated that he does not feel that any decisions can be made until
all questions are reviewed and answered by Attorney Waugh.
Evelyn Auger stated that the Town has set a precedent by approving condominium conversions in the past. She further stated that the conversions give the Town more control over the property and feels that it better serves the Town. Dick Gardner made a motion to obtain advice from Attorney Bernie Waugh prior to moving forward with the application, seconded by Carmine Cioffi. Evelyn Auger stated that she has no problem having Attorney Waugh review the documents but does not wish to have him make any decisions for the Planning Board. Chairman Bormes called for a vote on the motion. All voted in favor, motion carried.
Mr. Wichert stated that it may be helpful for Attorney Waugh to review the case law, State file #155NH622, Town of Rye New Hampshire Board of Selectmen vs. Town of Rye New Hampshire Zoning Board. Chair Bormes opened the Public Hearing to abutters, no abutter comments were made. Dick Gardner made a motion to continue the Public Hearing to March 21, 2008, seconded by Carmine Cioffi. All in favor, motion carried.
d. Public Hearing: Jody Slack, Proposed Boundary Line Adjustment, Tax Map 9 Lots 98 & 99 at 115 Morrison Road (P08-S02)
Cindy Merchant recused herself from the public hearing due to abutter status. Bob Ward explained that all necessary copies and fees have been received. He has reviewed the application and stated that the Applicant is seeking a total of 8 waivers.
1. Item #14 boundary survey of entire parcel
2. Item #16 contour lines
3. Item #17 location of existing buildings and structures within 100 feet of overall
property
4. Item #18 location and classification of roads, driveways and bridges
5. Item #19 location of existing and proposed natural and manmade resources
6. Item #20 location and approval of utilities
7. Item #22 location and results of perc tests
8. Item #25 soil data
Dick Gardner recused himself from the public hearing. Jody Slack stated that he is seeking a Boundary Line Adjustment of the north border of the property due to encroachment of the garage.
Chair Bormes opened the public hearing to abutters. Cindy Merchant asked if road frontage for either lot would be changed. Jody Slack responded that no change will be made. Chair Bormes closed the hearing to abutter comment.
Carmine Cioffi made a motion to accept the application as complete, seconded by Steve Ober seconded. All in favor, motion carried.
Evelyn Auger made a motion to approve the Boundary Line Adjustment as presented, seconded by Carmine Cioffi. All in favor, motion carried.
Bob Ward stated that the Applicant needs to provide a mylar copy of the plat for signing by the Chairman of the Planning Board. He further stated that the Applicant needs to provide a check in the amount of $28.50, payable to the Belknap County Registry of Deeds for filing the approved plat and also that the Applicant needs to provide a check, payable to the Town of Sanbornton in the amount of $25.00 for administrative fees.
b. Pre-Application Discussion: Donald Gray, Proposed 6-Lot Subdivision, Tax Map 4, Lot 27 at the corner of Hermit Woods Road and Eastman Hill Road
Bob Ward stated that this is a Pre-Application Discussion for a 6-lot subdivision on the corner of Eastman Hill Road and Hermit Woods Road consisting of a 25.5 acre single parcel located in the Agricultural Zone. Paul Zuzgo of Lepene Engineering and Surveying appeared on behalf of the Applicant and engaged in discussion with the Planning Board. Mr. Zuzgo addressed the issue of steep slopes although the parcel does not fall into the Steep Slope Conservation District on the zoning map but the Zoning Ordinance does state that “incorrectly delineated” steep slope areas are regulated under the Ordinance. Mr. Zusco further stated that the 15% steep slope meets all of the criteria for the District and only one of the lots would not comply. That lot is
8.5 acres and consists of a greater than 1.5 acre buildable area but that area is not contiguous. Bob Ward stated that where the lot is greater than 6 acres the criteria would not have to be met.
Dick Gardner stated that he has concerns about driveways with a slope greater than 15%. Evelyn Auger stated that she would like to see a flat area at the end of driveways with a slope of 15% or greater to allow for parking off road if the driveway is not accessible.
Bob Ward stated that the property is totally wooded at this time and is crossed by several permanent or intermittent streams and also that there are some wetlands in the northern and western areas of the property. He also pointed out that there is a continuous stone wall running through the property and that he made Mr. Zuzgo aware that the Planning Board would like to see stone walls used as boundary lines where possible. Bob Ward further stated that the Applicant could be encouraged to go to the Zoning Board for a variance for a smaller lot size so that the stone wall can be utilized.
Bob Ward asked for suggestions concerning the location of Land Conservation Area. Cindy Merchant stated that the use of natural brooks and streams is beneficial. Mr. Zuzgo stated that the Applicant is considering a 10 foot easement on either side of the stone wall to preserve it. Evelyn Auger stated that joint land in an easement needs to be included in individual deeds to enable the property owners to obtain insurance coverage on it and that joint ownership does not allow for insurance coverage unless the co-owners form an association.
The Applicant indicated that he would take the Planning Board’s suggestions and concerns into consideration in delineating the proposed subdivision lots and would proceed with formal application when ready for review.
6. Other Business
None.
7. Planners Update
None.
8. Meeting Adjourned
Don Bormes made a motion to adjourn, seconded by Steve Ober. All in favor, motion carried.
Meeting adjourned at 9:10 pm.
Respectfully submitted,
Carole Chase
Recording Secretary
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