DRAFT
MEETING MINUTES
SANBORNTON PLANNING BOARD
March 20, 2008
The meeting opened at 7:00 pm with the following members in attendance:; Don Bormes, Vice Chair; Steve Ober, Selectman’s Representative; Cindy Merchant, Alternate; Evelyn Auger, Alternate; Terry Lewis, Alternate and Bob Ward, Town Planner.
1. Roll Call
As listed above.
Absent were: Helmut Busack, Chairman; Dick Gardner, Member; Carmine Cioffi, Member and Peter Dascoulias, Alternate.
2. Seating of Alternates
Cindy Merchant was seated for Helmut Busack, Terry Lewis was seated for Carmine Cioffi and Evelyn Auger was seated for Dick Gardner.
3. Action on minutes
a. Regular meeting of February 21, 2008.
Waived until next meeting.
b. Workshop meeting of March 6, 2008.
Waived until next meeting.
5. New Business
a. Public Hearing: PSNH – Tree trimming and removal on scenic roads
Bob Ward explained that the Planning Board is required to hold a Public Hearing whenever tree trimming is proposed on a scenic road. The notice of this Public Hearing was published twice in area newspapers and posted in the usual public places. Mr. David Crane from Public Service Company of New Hampshire (PSNH)stated that the tree trimming is for annual maintenance and will occur on Randlet Road, the southern portion of Tower Hill Road and also on the western portion of Perkins Road. He further explained that all effected land owners have been notified and that this process has already begun. Bob Ward explained that the Sanbornton Planning Board has to formally grant consent for this process.
Chair Bormes opened the hearing for public comment. No public comment was made.
Evelyn Auger made a motion to grant approval for PSNH to trim the trees on the roads
listed, seconded by Terry Lewis. All in favor, motion carried.
7. Planners Update
Bob Ward explained that there is to be an open air activity taking place behind Franklin Dam. A Public Hearing will need to be held by the Board of Selectmen but prior to the hearing the Police Department, Fire Department and the Health Officer need to sign off on it as well as the Town Planner. The event, “The original Northeast Primitive Rendezvous” will take place from May 25, 2008 to May 27, 2008 and will consist of approximately 700 to 1,000 people. Bob Ward stated that he would like authorization from the Sanbornton Planning Board to sign off on the application. He further stated that he has reviewed this application and everything seems to be in order. Terry Lewis made a motion to approve and to authorize Bob Ward to sign the necessary documents, seconded
by Steve Over. All in favor, motion carried. Bob Ward then signed the application and provided same to Steve Ober to take to the Board of Selectmen for further action.
5. New Business
b. Public Hearing: Mark & Doreen Harding – Proposed 2-Lot Subdivision of 35.83 acre parcel, (Tax Map 20 / Lot 91) located at 240 Brook Road
The Public Hearing opened at 7:16 pm. Bob Ward explained that this is a proposed 2-Lot subdivision of 32.83 acres of land located at 240 Brook Road (Tax Map 20 Lot 91). Mr. Ward further explained that the applicant had appeared for a pre-application discussion with the Planning Board prior to this Public Hearing and that the applicant had been referred to the Zoning Board for a variance due to a road frontage issue for one of the proposed lots. The ZBA has granted the necessary variance. Bob Ward stated that the application is complete and the Public Hearing has been properly noticed as well as all fees paid.
David Krause appeared for the applicants. Mr. Krause explained that the property is located on the south side of Brook Road and is relatively flat in the front and slopes in the rear. The proposed 13 acre parcel will be accessed through a right-of-way on the existing driveway. The septic system has been approved by NH DES. Bob Ward asked the Planning Board if the delineation of the land conservation area is acceptable. All were in agreement that the area set aside is fine as it encompasses the brook.
Evelyn Auger made a motion to accept the application as complete, seconded by Cindy Merchant. All in favor, motion carried.
Chair Bormes opened the Public Hearing for public comment. No public comment was made.
Evelyn Auger made a motion to grant the requested waiver for a perimeter survey, seconded by Cindy Merchant. All in favor, motion carried.
Evelyn Auger made a motion to grant the requested waiver relating to steep slope provisions and also to waive the requirements of the “Steep Slope Conservation District” Article 16, E 1,2 & 3 of the Zoning Ordinance, seconded by Terry Lewis. All in favor, motion carried.
Evelyn Auger made a motion to approve the subdivision, seconded by Cindy Merchant. All in favor, motion carried.
c. Public Hearing: Donald Gray – Proposed 6-Lot subdivision of 25.56 acre parcel (Tax Map 4 / Lot 27) located at corner of Eastman Hill Road & Hermit Woods Road
Bob Ward explained that this is an application for a 6-lot subdivision of 25.56 acres of land located at the corner or Eastman Hill Road and Hermit Woods Road (Tax Map 4 Lot 27). Mr. Ward further explained that the application is complete and that the applicant is scheduled to appear before the Sanbornton Zoning Board on April 1, 2008 to request a variance for one non-conforming lot.
Evelyn Auger made a motion to accept the application as complete, seconded by Steve Ober. All in favor, motion carried.
Mr. Paul Zuzgo of Lepene Engineering and Surveying appeared for the applicant. Mr. Zuzgo explained that 5 of the 6 lots are less than 5 acres and that the remaining lot is over 9 acres. Test pits have been done on all but the large lot and the conservation area is 12% of the entire parcel. Evelyn Auger asked if the land conservation area will be listed on one deed or on each deed. Mr. Zuzgo explained that it will be common land. Evelyn Auger stated that further investigation may be helpful as common land is very difficult to deal with when it comes to insurance purposes.
Chair Bormes opened the Public Hearing to public comment. An abutter asked where the driveways will be located. Mr. Zuzgo stated that 4 will be on Eastman Hill Road and 2 will be on Hermit Woods Road. Bob Ward explained that the applicants have not approached the Department of Public Works yet as it is not formally required in the current Subdivision Regulations. Several abutters expressed concern regarding safety and drainage problems. Bob Ward stated that the primary issue is that all water draining off the driveway surfaces will be draining onto the Town Road and that there will need to be a reverse slope at the Town road end of all driveways to intercept this surface drainage and direct it into ditches and keep it off the roadway. He further stated that review of proposed
driveways could be a condition of approval and will need to properly address drainage and run off. Chair Bormes stated that all issues need to be resolved prior to approval. Bob Ward stated that the issue of drainage is addressed in the Subdivision Regulations in Section 8, Design Standards, Section D, Drainage and further stated that construction detail could be required for all driveways. Chair Bormes closed the hearing to public comment.
Steve Ober made a motion to hold off on approval until detailed drawings are presented for all 6 driveways addressing drainage, seconded by Evelyn Auger. All in favor, motion carried.
Chair Bormes announced the continuance of the Public Hearing until 7:15 pm on April 17, 2008.
4. Old Business
a. Continued 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 continued Public Hearing for a 4-unit condominium conversion at Tax Map 17 Lot 79 located at 147 Lower Bay Road. Mr. Ward stated that a response has been received from Attorney Bernie Waugh and further stated that it can be addressed in public session or in an executive non-meeting status. Evelyn Auger stated that she would like to review the document first and then determine if an executive session is in order. After reviewing the document the Planning Board members decided to proceed in open session. Bob Ward stated that the first issue is a process question having to do with how to review the application. It is either a subdivision review or a site plan review. Previous Planning Boards have reviewed condominium conversions under Site Plan
Review. It is the opinion of the Town Planner and Attorney Waugh that this proposal should be viewed as a subdivision as it better fits into the definition of subdivision in both local and State definitions. The second issue is the proposed change in form of ownership and whether it changes a pre-existing, non-conforming use into another use.
Evelyn Auger made a motion to accept the application as complete, seconded by Steve Ober. All in favor, motion carried.
Joe Wichert stated that there is no sustentative difference, only to the form of ownership. He further stated that the common area is approximately ¼ of the entire parcel and that the limited common area is 10’ around each building. Bob Ward asked if owners could expand into the limited common area. Mr. Wickert responded that owners would be subject to local ordinances and would require building permits to expand. He further stated that the current buildings are seasonal with the exception on Unit 1 which is year-round. The other buildings are not insulated or centrally heated. Don Bormes asked how the units will be addressed in the proposed condominium documents. Mr. Wichert responded that one will be year round with the other 3 remaining seasonal. Bob Ward asked
if there are stipulations in the current condo documents which prohibit remodeling of current structures to make them year-round. Attorney Sheedy responded that the documents stipulate them to be seasonal. The units are currently used as weekly rentals but the conversion will change them over to single owner and the docks will be deeded with an easement on dock #1 for the residence across the road. Terry Lewis suggested having Attorney Bernie Waugh review the condo documents. Bob Ward stated that he already has a copy and will review them and then prepare a draft of the terms and conditions for approval.
Bob Ward stated that he is concerned with utility lines which could run under individual units. Easements would be necessary to access them. Attorney Sheedy responded that the limited common area is still owned by all, the limit is only in the use. Bob Ward requested that the limited common area be demarcated on the ground and corner bounds should be monumented. Bob Ward further stated that the fees paid for the application are incorrect and requested a new check in the amount of $300 and the check for $220 will be returned. (Note: a new $300 check was provided at the Hearing and the previously submitted check was returned).
Don Bormes announced that the public hearing will be continued until April 17, 2008 at 7:30 pm.
Attorney Sheedy stated that he will prepare and send copies of the condo documents to the members of the Planning Board for their review.
Evelyn Auger made a motion to allow Attorney Sheedy to have contact with Attorney Bernie Waugh in regards to the condo documents and to have all contacts copied to Bob Ward, Town Planner. Motion was seconded by Terry Lewis. All in favor, motion carried.
6. Other Business
None
7. Planners Update
Bob Ward stated that the Public Hearing for Zoning Amendments will be held on Tuesday, March 25, 2008 at 7:00 pm at the Life Safety Building. He stressed that it is important for members to attend so that there is a quorum as there is no time available to notice, post and hold another Public Hearing at another date.
Bob Ward handed out copies of the Press Release concerning the proposed Zoning Amendments which will be sent out between the Public Hearing and Town Meeting dates.
Bob Ward stated that the Master Plan Survey has been mailed and approximately 50 copies have already been returned. He further stated that the printing and prep costs through Winnisquam Printing came to $1,371. Bob Ward stated that Dick Gardner had spoken to him regarding the possibility of researching residents who do not have mailing addresses in Sanbornton or Winnisquam and mailing the survey to them also with an extended return date. All agreed that this should be done.
8. Meeting Adjourned
Cindy Merchant made a motion to adjourn, seconded by Evelyn Auger. All in favor, motion carried.
Meeting adjourned at 9:52 pm.
Respectfully submitted,
Carole Chase
Recording Secretary
| 
