DRAFT
MEETING MINUTES
SANBORNTON PLANNING BOARD
April 17, 2008
The meeting opened at 7:02 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. Roll Call
As listed above.
Absent were: Helmut Busack, Chairman; Cindy Merchant, Alternate; Terry Lewis, Alternate and Peter Dascoulias, Alternate.
2. Seating of Alternates
Evelyn Auger was seated for Helmut Busack.
3. Action on Minutes
a. Regular meeting of February 21, 2008
Carmine Cioffi made a motion to accept the minutes of February 21, 2008 as presented, seconded by Evelyn Auger. All in favor, motion carried.
b. Workshop meeting of March 6, 2008
Set aside until more members are present who attended the meeting.
c. Regular meeting of March 20, 2008
Carmine Cioffi made a motion to accept the minutes of March 20, 2008 as presented, seconded by Evelyn Auger. All in favor, motion carried.
d. Workshop meeting of April 3, 2008
Dick Gardner made a motion to accept the minutes of April 3, 2008 as presented, seconded by Evelyn Auger. All in favor, motion carried.
e. Public Hearing/Zoning Amendments, March 25, 2008
Evelyn Auger made a motion to accept the minutes of the Public Hearing on the proposed zoning amendments held on March 25, 2008 as presented, seconded by Carmine Cioffi. All in favor, motion carried.
7. Planners Update
a. Bob Ward stated that he had received a notice of a meeting of the Lakes Region Planning Commission. The meeting is to be held on April 28, 2008 at the New Found High School and will be regarding Rail Transit if any Planning Board members are interested in attending.
b. Bob Ward stated that NH Office of Energy and Planning’s Annual Planning and Zoning Conference is coming up in the near future and that he will be attending as approved by the Board. Any Board members interested in attending should notify Mr. Ward so that they may be registered.
c. Bob Ward stated that there is an upcoming conference which will be held by the NH Planners Association on May 15 & 16, 2008. This conference will include the topics of revitalization and sustainability of communities, affordable housing and will also provide many helpful planning tools.
d. Bob Ward stated that he had included a copy of the Zoning Board of Adjustment minutes in the Planning Board members packets. He pointed out that the minutes contain the approval a variance of a lot less than 3 acres in the Donald Gray subdivision.
e. Bob Ward stated that the Final Plat for the Harding subdivision has been dropped off and is ready for the Chairman’s signature. He further stated that all fees have been paid and once the Final Plat is signed, it will then be filed at the Belknap County Registry of Deeds. (Note: Vice Chairman Bormes signed the Final Plat during the course of the meeting).
4. Old Business
a. Continued Public Hearing: Donald Gray - Proposed 6-Lot subdivision of a 25.56-acre parcel (Tax Map 4 / Lot 27) located at the corner of Eastman Hill Road and Hermit Woods Road.
Bob Ward stated that this is a continuation of the Public Hearing from the March 20, 2008 Planning Board meeting. He further stated that the main issues brought forward at the previous public hearing were concerning driveway locations and drainage. The engineers for the project have met with John Hubbard, Director of Public Works and Mr. Ward received an e-mail from Mr. Hubbard stating
that at times, cross culvert 3R on the plans has been full with some overflow down Hermit Woods Road to the next culvert. Mr. Hubbard recommends culvert 3R be replaced with an 18” HDPE culvert at the applicant’s expense and that existing rock headwalls can be reused at the new culvert ends. He further stated, in the e-mail, that the Highway Department would haul off the removed CMP pipe if the applicant desired and that wetlands permits would be required.
Mr. Bolduc of Lepene Engineering and Surveying stated that the applicant had received the ZBA “area variance” for a lot less than 3 acres and that the Land Conservation area has been set along the stonewall. He further stated that they are still waiting for NH DES subdivision approval and have gotten a “no objection” declaration from the Sanbornton Conservation Commission concerning the requested wetlands permit but are still waiting for State approval on that. Mr. Bolduc stated that the driveway for one lot has been moved so that the slope is now less than 10% and that a cut zone has been set along the road for sight distance and an easement will be issued for that so that the Town can clear it if the owner does not. Bob Ward stated that a legal
document concerning the proposed easement would be helpful. Mr. Bolduc stated that this would be in the individual deed. Evelyn Auger stated that a copy of the entire deed should be provided to the Town.
Mr. Bolduc addressed the issue of the proposed changes to the 3R culvert. He stated that he believed there is no need to make any changes to the culvert until after the land is developed. The proposal for the culvert would be that no changes would be made until after the third lot is sold. This would allow Mr. Gray to build his own home and also have the proceeds from the sale of the second and third lots to put towards the rebuilding of the culvert. This would mean that no more than two lots would be built prior to the upgrading of the culvert. Dick Gardner stated that the proposal would be complex and hard to administer. He further stated that all infrastructures should be built prior to development. Mr. Bolduc stated that the proposal would be on the plan and that the
Planning Board could call a “compliance hearing” at any time to consider rescinding the prior approval. Don Bormes stated that it has been the policy of the Planning Board to not grant any conditional approvals. Evelyn Auger stated that the Planning Board has granted conditional approvals many times in the past and would like to see in writing where the policy has changed. Bob Ward stated that the Board’s normal procedure is to require a performance bond. The three options available to the applicant are a letter of credit, cash, a savings passbook, or a bond.
Dick Gardner stated that the subdivision could be approved for 2-Lots which would negate the need for any improvements to the culvert.
Chair Bormes opened the hearing to public comment. Judy Stoeklin stated that the lay out for the lots looks good and she is very thankful for the concerns regarding the driveways and drainage as the excess surface water would likely run right onto her property. Discussion followed concerning the condition of Hermit Woods Road and sight distance.
Mr. Gray asked about the easement for the clearing of brush. He stated that he feels it is on the wrong lot and will ruin the view. Mr. Bolduc stated that the clearing is to provide sight distance for the driveway serving lots 5 & 6. Bob Ward stated that only brush and limbs would be cut, not trees. Dick Gardner suggested changing the language used from “cleared” to “thinned, to create adequate sight distance”. Bob Ward further stated that the area to be thinned should be extended to lots 3 & 4 as the applicant and the abutter are concerned with sight distance at the corner. The Board did not agree with the need to provide a brush clearing easement on the corner along the frontage of lots 3 & 4.
Carmine Cioffi made a motion to approve the plan with the culvert being installed and adjustments to the language in regards to clearing, seconded by Dick Gardner. Bob Ward asked if it is a condition that the culvert be installed or a performance bond be in place so that the Final Plat would not be signed until one or the other is in place. It was decided that this issue is definitely a condition of approval.
Chair Bormes called the vote on the motion. Carmine Cioffi – yes, Dick Gardner – yes, Don Bormes – yes, Evelyn Auger – no. Motion carried. The conditions of approval are as follows: 1) Note 12 changed to read “trimmed of brush and branches to obtain a safe sight distance” and 2) culvert be installed or a performance bond posted.
b. Continued Public Hearing: Kim Delois-Fannie – Proposed 4-unit condominium conversion (Tax Map 17 / Lot 79) at 147 Lower Bay Road.
Bob Ward stated that this is a continuation of the Public Hearing from the March 20, 2008 Planning Board meeting. Mr. Ward further stated that he had a telephone conversation with Attorney Bernie Waugh regarding this proposal. Attorney Waugh has received the condominium documents but has not reviewed them as per his previous recommendation in e-mail dated 3/19/08. He would like to wait until after the Board has made a decision on the application. Attorney Waugh suggested finalizing the Board’s decision in general terms of either approval, approval with conditions or disapproval. After tat decision is made, Attorney Waugh will proceed according to the terms of the Board’s decision.
Joe Wickert, Land Surveyor, gave a brief overview of the proposal stating that there are four units and a garage and also that there will be no physical changes made with the only change being in the form of ownership. Don Bormes stated that he would like to proceed to an approval with conditions so that Attorney Waugh can check the condominium documents. Evelyn Auger stated that she felt that is where the last Public Hearing left off and is confused as to why that has not been done yet. Bob Ward stated that the first action the Planning Board should take is to determine whether there is a change of use because the lot is a non-conforming use as defined in Article 17, A, 1 of the Zoning Ordinance. Evelyn Auger made a motion stating that there is no change of use evident,
seconded by Carmine Cioffi. Dick Gardner asked for a definition of unchanged use. Evelyn Auger stated that there are existing seasonal cottages and they will remain seasonal cottages, the only change is that of ownership. Don Bormes stated that he feels there is a change in use of the cottage from rental units to single owner units. Attorney Sheedy stated that the law is very specific in regards to changing from a rental to a condominium as evidenced in several Supreme Court cases and that in this proposal the only change is in the form of ownership. Chair Bormes called for a vote on the motion. All in favor, motion carried.
Dick Gardner made a motion to approve the application with conditions subject to Attorney Waugh’s reviewing of the Condominium documents and advising the Planning Board that the documents will and can enforce the “no change of use” of the existing three seasonal, non-residential units and one year round unit. Motion failed to receive a second.
Bob Ward stated that Attorney Waugh would like to work with a Planning Board designee and the Town Planner to develop a carefully crafted list of conditions.
Dick Gardner made a motion to approve the application with conditions subject to the development of satisfactory documents which will ensure that there is no change in use from the existing three seasonal, non-residential units and one year round unit. Evelyn Auger stated that she has an issue with the development of new documents and that the attorney for the applicant has already developed these documents and there is no need to rewrite the whole thing. She further stated that there are no issues with the application which need to be changed and that the Planning Board’s only concern is that the use remains seasonal. Dick Gardner suggested that the Board follow the direction given by Attorney Waugh. Dick Gardner’s previous motion was seconded by Carmine Cioffi.
Attorney Sheedy stated that he has already provided the documents to Attorney Waugh and is requesting the Planning Board’s approval to communicate with Attorney Waugh so that they may work on the condominium documents and no further time is involved. Chair Bormes called for a vote on the motion. Dick Gardner – yes, Don Bormes – yes, Carmine Cioffi – yes, Evelyn Auger – no. Motion carried.
Mrs. Fannie requested a breakdown of what will be involved from this point forward as far as a time table. Bob Ward stated that the applicant is further ahead in the process as a result of Board actions taken at this meeting as the Board has now voted that there is no change of use and also the Board has decided to approve the application with conditions. Evelyn Auger stated that she will communicate the intentions of the Planning Board to Attorney Waugh as soon as possible. Bob Ward stated that Attorney Waugh will be on vacation until April 28th but that he (Bob Ward) will send an e-mail to Attorney Waugh’s office this evening to express the Board’s intent on this matter and to request Attorney Waugh’s office to expedite the task as is reasonable
and ethical and to provide the Planning Board with a draft for it’s May 1st meeting. Chair Bormes stated that the Public hearing for this application is continued to May 15, 2008 at 7:15 pm.
5. New Business
None
6. Other Business
None
8. Adjournment
Dick Gardner made a motion to adjourn, seconded by Evelyn Auger. All in favor, motion carried.
Meeting adjourned at 9:43 pm.
Respectfully submitted,
Carole Chase
Recording Secretary
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