TOWN OF SUNAPEE
PLANNING BOARD
May 19, 2011
PRESENT: Bruce Jennings; Donna Davis Larrow; Peter White; Erin Andersen; Robert Stanley, Michael Marquise, Planner.
ABSENT: ~Daniel Schneider, Emma Smith, Ex-Officio Member.
Chairman Bruce Jennings called the meeting to order at 7:14 PM.
Per Michael Marquise, signatures required for Kelley transfer of property from previous meeting.~
Michael Marquise initiated a roundtable discussion to review the training outline as presented.~
I Structure of Land Use Authority
Bruce Jennings noted that he believed the last review occurred in 1988.~ Per Michael Marquise, the Planning Board was created so that regulations could be set-up in order to review land cases. It was noted that zoning amendments were completed earlier this year.
Michael Marquise explained that the Zoning Board interprets regulations and serves as an authority as to how they feel about the ordinance.~ The SelectBoard strictly administrates according to the letter of the law.~ Any deviations return to the Zoning Board for waivers.~ Zoning is the one ordinance that the Planning Board cannot make waivers~to or change the law.
Bruce Jennings added that the Planning Board is essentially a compliance board with give and take due to their regulations. In regard to land use, Peter White stated that he feels it is difficult to separate the application from the applicant in regard to the requested use of the property as it goes with the land with any transfer of property that may occur.~ Michael Marquise stated that issues should always be viewed as land related. He further explained that the Zoning Board is allowed to grant variances based on non-owner related issues.~ The issue must be according to land/property issues rather than personal issues.
Donna Davis Larrow and Bruce Jennings both questioned what constituted “hardship criteria”.~~ Michael Marquise stated that this must be~in regard to the land. Peter White further stated that it falls under the category of “uniqueness” of the situation and the property. He further questioned how “hardship criteria” is justified. Michael Marquise stated that new regulations do specify some financial issues do come under these criteria, but they must be tied to the land. Peter White and Michael Marquise discussed the fact that considerations should be made in regard to what is reasonable in each situation and that variances are allowed to applicants in order for them to get relief and further use of their land. Michael Marquise stressed that the Planning Board must always
consider the future use and people who may own property/land that is granted variances and specific waivers. He further stated that “normal/customary” natural to business issues are usually waived without issue.
Bruce Jennings brought up the issue of special exceptions vs. variances which was discussed.
II Planning Board Functions
Michael Marquise stated that the Planning Board has many varied duties.~ The Master Plan is the framework for growth of the future of the town.~ It has no regulatory power in and of itself but is a guide for everyone.
Michael Marquise explained that subdivision regulations were the first set of “rules” to be established.~ With these regulations, only one public hearing is required and no voting is required by the public. Further,~the Planning Board has right to grant waivers in connection with subdivision issues and they can be appealed via court proceedings.~ With zoning regulations, two public hearings are allowed and the issue is voted on by the public.~ The Zoning Board can give suggested changes for approval.~ Bruce Jennings stated that there has been a change in what is constituted in structure. ~Site Plan regulations specify three or more units or non-residential/multi-family.~ The Planning Board has the right to make and regulate or change waivers.~ The site plan is a subset of zoning.~ With a one or two unit
structure, the case goes directly to the SelectBoard and the Zoning Board.~ ~Peter White questioned whether a subdivision can move forward without a master plan. Michael Marquise stated that it could not, and that towns without zoning create subdivision regulations.~
Bruce Jennings brought forward the issue of in-law apartments and how they must meet the density requirement according to property location and be self-sustaining.~
Michael Marquise explained that the Capital Improvement Program was approved twenty years ago, which allows for capital accounts to be set up.~ The Town Manager has been overseeing this.~ He further stated that it is a good tool to have in the event that impact fees are ever in existence.~
Michael Marquise stated that the Planning Board is also responsible for maps of the town.~
In regard to platting of roads, location of roads must be submitted via mylar for approval. Further the Planning Board has the power to lay out roads and approve them.~ Name recommendations come from developers and then go through the mandated approval process, which includes 911 services.
Bruce Jennings brought forward the issue in regard to trees on the lake, as well as the road grade near the lake and contours.~ Michael Marquise stated that the Planning Board is allowed to waive certain issues. He further stated that there is a 65 day requirement to approve a case with the availability of extensions.~
It was stated that there is no jurisdiction over State permits but they can be mandated by the Planning Board.~ Peter White questioned whether the Planning Board has the option to request additional information before they deem it as complete. Michael Marquise questioned what else would be requested other than all required paperwork. Bruce Jennings provided an example asking about sketches that are not adequate or deemed as incomplete and an unreasonable deadline. It was further stated that this was felt to be the applicant’s responsibility.~ Michael Marquise stated that the Planning Board has up to three meetings to grant approval.~
Bruce Jennings asked about the issue involving an applicant’s request for feedback from the Planning Board and how this would be handled. Michael Marquise stated that this would be non-binding and that there are three steps – conceptual without hearing, preliminary with hearing, and the final hearing.~ He further stated that the final hearing is the only required hearing.~ It was stated that the Planning Board must always stay on track with the train of movement unless abutters come in with further, detailed issues.~
III Planning Board Toolbox
In regard to Public Hearings, Michael explained that this is the best tool for recording of information and discussion about projects.~ He reiterated the 65 day approval time.~
Michael Marquise stated that bonding allows the town to avoid being responsible, financially, with capital improvements in connection with a specific project or development.~ Bonds are put into assurety by the town for protection against developers who cannot or do not complete a project, which would leave no money to make or continue with improvements that are necessary.~ It is important that bonds are tracked so no lapsing occurs.~ Bruce Jennings asked for further details. It was stated that irrevocable lines of credit are accepted as well as cash by the town.~ Peter White questioned development rights and whether they can be agreed to with the possibility of transfer.~ This applies to districts, densities, lot sizes, etc.~ It was stated that trading can occur.~ Per Bruce Jennings, the Planning Board has the right
to state that 15% of a proposed development must remain as open space. This can be requested to be given to the town or, sometimes, it stays with the developer.~
Michael Marquise explained village centered growth and how it should always be considered during hearings and when writing regulations.~ He stressed that growth must be planned properly -~ one property per a 10,000 sq. ft. area.~ Bruce Jennings and Peter White stated that the demographic must promote a year round area in order to encourage growth.~
In regard to the watershed coalition, Bruce Jennings stated that he felt Sunapee is very organized and focused compared to other nearby communities.~ Peter White questioned whether there would be road improvements in the future. Michael Marquise stated that there should be a Route 11 follow-up – a goal for transportation enhancement in the future.~~
Peter White questioned motions. Michael Marquise stated that anything that is not present on the plan which should be included must be stated in the motion.~ The plan cannot be deviated from – it is “chiseled in stone”.~ He further stated that a bond can be included in a motion.~ If it is found that something does belong on the plan, it is acceptable to go back and request that it be added (to the plan) before approval occurs. This must include an updated mylar.~ If more discussion is required, an extension can be granted. This will all depend on the simplicity or complexity of the issue.~
Michael Marquise stated that the training review will be continued at the next meeting. At that time, Sections IV and V (Important Planning Laws and Procedures) will be discussed.~
The July Planning Board was rescheduled to the 21st of the month.
The meeting was adjourned at 8:52 PM.
Respectfully submitted,
Diane Caron
Bruce Jennings, Chairman Peter White, Vice Chairman
Erin Anderson Robert Stanley
Donna Davis Larrow
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