Town of Sanbornton, NH - Planning Board Minutes Draft 3/25/08

The Public Hearing opened at 7:03 pm with the following Planning Board members in attendance: Helmut Busack, Chairman; Carmine Cioffi, Member; Steve Ober, Selectman’s Representative; Evelyn Auger, Alternate and Bob Ward, Town Planner.

Bob Ward stated that this is the first of possibly two Public Hearings for the proposed Zoning Amendments. He further stated that the notice for this Public Hearing was posted in three public locations and also published in the Laconia Daily Sun. Bob Ward stated that he would read each amendment prior to comment.

~~~~~~~ To change residential building setback requirements specified in Article 14.C.(2) for the SHOREFRONT DISTRICT from 40 feet from the shoreline to 50 feet from the shoreline.

Bob Ward stated that the rationale for this amendment is that the current setback is 40’ in the Sanbornton Zoning Ordinance and the NH DES Comprehensive Shoreland Protection Act is 50’. He further stated that there is a provision which states if a Zoning Ordinance was adopted prior to 1/1/2002 the ordinance can be less restrictive. Sanbornton adopted the 40’ setback provision in its Zoning Ordinance in 1986.

~~~~~~~ A. To amend the definition of “LOT” as defined in Article 3.18. by removing the phrase “or Article 4, Section N of the Zoning Ordinance”.~ Note that Article 4, Section N was previously removed from the Zoning Ordinance by act of Town Meeting, and;

Abutter shall mean any person whose property adjoins or is directly across the street or stream from the land under consideration by the Planning Board. (Ref: NH RSA 672.3)

Applicant shall mean the legal owner of record or an agent authorized in writing by the legal owner of record at the time of application to the Planning Board or Zoning Board of Adjustment.

Building Height shall mean the vertical distance of a building measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.

Final Plat shall mean that portion of the subdivision plan which shall be signed by the Chairman of the Sanbornton Planning Board indicating Planning Board approval and which shall be submitted by the Planning Board to the Belknap County Registry of Deeds for recording.

Land Conservation Area shall mean an area or parcel of land through which the use is restricted by conservation covenants in deed, as approved under the Sanbornton Subdivision Regulations for the purpose of protecting environmentally sensitive and ecologically important areas; maintaining development that is consistent with the natural topography of the landscape; and preserving the natural, cultural and historic features of the landscape.

Road shall mean any a state highway, or a highway, road, or street, which is lawfully existing for the purpose of travel and access to adjoining property and is maintained by the State or the Town of Sanbornton for vehicular travel. The word "road" shall include the entire right-of-way.

Subdivision shall mean the division of a lot, tract or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or building development. It includes re-subdivision and, condominium and other cooperative forms of ownership, and when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.~ The division of a parcel of land held in common and subsequently divided into parts among several owners shall be deemed a subdivision under this chapter. (Ref: NH RSA 672:14)

Subdivision Plan shall mean the maps, drawings and charts on which the applicant's plan of subdivision is indicated, prepared as required by the Subdivision Regulations of the Town of Sanbornton and which, if approved by the Board, will be submitted by the Board to the Belknap County Registry of Deeds for recording at the applicant's expense.~

Bob Ward stated that the only new definitions proposed are the ones for “Building Height” and “Final Plat”. The rest of the definitions are definitions which already exist in the Subdivision Regulations and the Site Plan Review Regulations and are being transferred into the Zoning Ordinance. This amendment will create a uniform set of definitions which can be adopted by reference into the Subdivision Regulations and the Site Plan Review Regulations.

Article 6: GENERAL RESIDENCE DISTRICT, ~Article 7: FOREST CONSERVATION DISTRICT, ~Article 8: RECREATIONAL DISTRICT, ~Article 9: HISTORIC PRESERVATION DISTRICT, and ~Article 10: COMMERCIAL DISTRICT by adding an additional section entitled “Height Limit” which provides that the maximum building height of any building shall be 35 feet.

Bob Ward stated that there is a 30’ height limit already in effect in the Shore Front District. There is also a 30’ height limit in the Commercial District. Evelyn Auger stated that the purpose of the height restriction in the Shore Front District was so that views from the opposite side of the roads were not obstructed. Chair Busack stated that the height limit is necessary for fire protection as no fire equipment have ladders higher than the 35’ proposed. Evelyn Auger stated that she has no issue with the height limit as long as it will still enable individuals to build necessary barns in Town. Bob Ward stated that the 35’ is equivalent to a 3 ½ to 4 story home and should be high enough for a barn and further stated that any building proposed over the 35’ limit would be able to obtain a variance from the Zoning Board of Adjustment.

Bob Ward stated that this amendment is basically a housekeeping issue. The Zoning Ordinance regulates use and density where as the Subdivision Regulations and the Site Plan review Regulations function is for new development. The logical placement for Erosion Control is in the Subdivision Regulations as well as the Site Plan Review Regulations.

Bob Ward stated that the Planning Board can vote to accept the wording of the proposed amendments without changes from what was advertised for the first hearing and therefore eliminate can the need for a second Public Hearing.

Bob Ward stated that he will prepare an official copy of the proposed amendments and will provide this official copy to the Town Clerk by the deadline date of April 8, 2008.