DRAFT
MEETING MINUTES
SANBORNTON PLANNING BOARD
May 15, 2008
The meeting opened at 7:07 pm with the following members in attendance: Don Bormes, Vice Chair; Carmine Cioffi, Member; Cindy Merchant, Alternate; Evelyn Auger, Alternate; Peter Dascoulias, Alternate and Bob Ward, Town Planner.
1. Roll Call
As listed above.
Absent were: Helmut Busack, Chairman; Dick Gardner, Member; Steve Ober, Selectman’s Representative; Mary Earley, Alternate and Terry Lewis, Alternate .
2. Seating of Alternates
Evelyn Auger was seated for Helmut Busack. Cindy Merchant was seated for Dick Gardner.
3. Action on Minutes
a. Workshop meeting of March 6, 2008
Set aside until more members are present who attended the meeting.
b. Regular meeting of April 17, 2008
Carmine Cioffi made a motion to accept the minutes of April 17, 2008 as presented, seconded by Evelyn Auger. All in favor, motion carried.
c. Workshop meeting of May 1, 2008
Evelyn Auger made a motion to accept the minutes of May 1, 2008 as presented, seconded by Carmine Cioffi. All in favor, motion carried.
7. Planners Update
Bob Ward handed out a current copy of the contact list for the Planning Board members and requested that each member verify their contact information and report any changes to him as soon as possible.
Bob Ward handed out a copy of the contact information sheet for the members of the Master Plan Advisory Committee (MPAC) as well as a copy of the minutes for the May meeting which was canceled due to the lack of a quorum.
Bob Ward handed out a copy of the Planning Boards Expenditure Report to date for the 18 month budget
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 provided the members of the Planning Board with a draft of the “Approval With Conditions” from Attorney Bernie Waugh and stated that Evelyn Auger worked closely with Attorney Waugh to develop the recommendations. Under the advice of Attorney Waugh the draft “Approval With Conditions” was not distributed to the members of the Board prior to the meeting. Bob Ward requested the permission of the Board to share the document with the Applicants and their Attorney. Chair Bormes opened the Public Hearing at 7:20 pm. Attorney Sheedy requested a brief recess to review the draft “Approval With Conditions” with the Applicants.
After the brief recess, Kim Delois-Fannie asked why the document could not be shared prior to the meeting. Bob Ward responded that it was at Attorney Waugh’s suggestion that the document was not released to the Board members or the Applicants prior to the meeting. Evelyn Auger explained that she did not feel that it would have been correct to release the document as it is in the form of the motion that she will be making and she does not feel that it would have been correct to publicize a motion prior to the motion actually being made.
Attorney Sheedy stated that condition #5 in the proposal does not pertain to this conversion as the proposed condominium conversion is not 10 or more units so it is exempt as per RSA 356, b, 19 I a. Attorney Sheedy further questioned the intent of condition #2 in the proposal. Would this “seasonal recreational units only” condition prohibit owners from using the property in the winter? Evelyn Auger stated that this was not the intent. “Seasonal” simply means not a year-round residence, it does not prohibit which season the units can be used in.
Evelyn Auger made a motion to approve the proposed “Lakewood Cottages” conversion to the condominium form of ownership, subject to the following conditions:
1. The conversion shall be implemented in accordance with the plans and materials on file in this case, and with the representations made by the applicant and applicant’s representatives at the public hearings. No substantive change or departure from said plans and representations shall be made without further action by the Planning Board.
2. There shall be no more than one year-round residence on the property (Unit 1). The other three units (Units 2, 3 and 4) shall remain as seasonal recreational units only. The Condominium Documents shall contain specific enforceable provisions which will assure that Units 2, 3, and 4 shall not be used as, or converted to, year-round primary residences.
3. The Condominium Documents shall be reviewed by the Board’s Attorney, at the applicant’s expense, for consistency with this decision, including but not limited to Condition #2 above. Any change recommended by the Attorney which is substantive and material shall require a vote of the Board.
4. No external physical changes shall be made in any unit or building, in a manner which would violate any requirement of the Zoning Ordinance, in the absence of a zoning variance. The conversion to the condominium form of ownership shall not, in and of itself, be deemed to create any condition of “unnecessary hardship” for variance purposes, nor shall it be deemed to augment or increase any “unnecessary hardship” claimed to exist prior to conversion.
Motion seconded by Carmine Cioffi. All in favor, motion carried.
Bob Ward stated that a current, up-dated version of the condominium documents should be provided by the applicant to Attorney Waugh and the Planning Board. Attorney Sheedy stated that he will provide a current copy, as changes have been made to dates and addresses, to both Attorney Waugh and the Town Planner.
Chair Bormes closed the Public Hearing at 7:50 pm.
5. New Business
Evelyn Auger stated that she is due to re-up her term on the Planning Board and asked for the Board’s consensus. All agreed that Evelyn Auger is a valued and productive member of the Board and should definitely renew her membership.
6. Other Business
Election of Officers for the Planning Board was deferred to the June Workshop Meeting.
8. Adjournment
Carmine Cioffi made a motion to adjourn, seconded by Evelyn Auger. All in favor, motion carried.
Meeting adjourned at 7:57 pm.
Respectfully Submitted,
Carole Chase
Recording Secretary
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