TOWN OF SUNAPEE
PLANNING BOARD
DECEMBER 1, 2011
PRESENT: Bruce Jennings, Chairman; Donna Davis Larrow; Daniel Schneider; Bob Stanley; Peter White; Erin Andersen, Michael Marquise, Planner, Emma Smith, ex-officio member.
ABSENT: Roger Landry, Zoning Administrator.
ALSO PRESENT: See attached Sign-in Sheet.
Chairman Jennings called the meeting to order at 7:00PM.
Changes to the Minutes for the November 3, 2011 Planning Board Meeting: Change line 33 to read “Mr. Marcott was asked if AT&T would be using the existing tower”. Change line 77 from “Mr. Jesseman” to “Mt. Royal”. Change line 135 from “sprinkles” to “sprinklers”. Change 185 remove the fifth word from the end “the”. Line 211 add that Daniel Schneider recused himself from the case. Change line 259 to read “…about whether a timeline should be made and a progress report should be made so that the Planning Board…”. Bob Stanley made a motion to approve the minutes as amended. The motion was seconded by Daniel Schneider. Motion passed unanimously with
Emma Smith abstaining.
Before starting the hearings, Chairman Jennings spoke about the Statement of Property Usages. He had spoken with Roger Landry, the Zoning Administrator, regarding having him sign off on the Statement of Property Usages so the Planning Board did not have to review them. Mr. Landry is not comfortable making the change without the Planning Board making the decision to amend the form. There was a discussion about what the change would be and Chairman Jennings feels comfortable giving Michael Marquise permission to make the necessary changes.
Chairman Jennings also spoke about some of the decisions the Planning Board has made in the past in regards to making conditional approvals subject to future documentation being received. The issue that has been brought to his attention is who enforces whether the things are received and reviewed and signed off on. There are a few instances lately with things that were supposed to be done such as with deed easements, etc. that were never received on projects the Board had approved. The thought of the Board was that either Michael Marquise or Roger Landry handled the follow up and Chairman Jennings said that there is a grey area as to whose job it actually becomes such as Mr. Marquise, Mr. Jennings, Town Council, etc. There was a discussion about what the Planning Board should
do and that they need to be more cautious about giving approval for something without having as much documentation as it is possible approval could change if the documentation doesn’t come. The Board doesn’t want to be difficult, however, they should be clear when giving a conditional approval who should monitor and follow up with the conditions.
MAP 123 LOT 2, CONTINUATION OF SITE PLAN REVIEW, MOUNT ROYAL ACADEMY, DEMOLITION OF EXISTING “INN” BUILDING AND REPLACE WITH 8736 SQUARE FEET – 2 STORY CLASSROOM BUILDING, 26 SEVEN HEARTHS LANE
Mr. Steven Jesseman from Jesseman Associates, the authorized agent for Mt. Royal Academy and the Broom Family Foundation introduced Nate Fogg from Jesseman Associates, Tom Broom, the Chairman of the Board of the Broom Family Foundation and David Thibault, the Headmaster of Mount Royal Academy. Mr. Jesseman said that since the last Planning Board the ditch which was overlooked during the last project has been dug this past week. Mr. Jesseman met with the Road Agent who is satisfied with what they have done. In regards to another matter from the last Planning Board meeting concerning the traffic off of Route 11, Mr. Jesseman said that they have called the State who has not yet returned their call. Mr. Jesseman addressed one of the problems discussed in the last meeting was the
children running to and from cars and on the road. He stated that they have investigated the matter and found that while there is good control during the day it was not satisfactory after school let out. Mr. Jesseman gave a copy of a new policy that was written regarding the issue.
Nate Fogg gave copies of emails to and from NH DOT regarding the traffic issue to show that there has been communication with them and what progress has been made. Mr. Fogg went over the changes made to the plan from the minutes from the last meeting. Mr. Fogg addressed the first and second issues which were the parking and student drop off and pick up. They have created a new parking plan and also made a change to the one-way driveway which was widened so there can be additional drop off and pick up spaces so cars can also go by those cars which are parked. He later spoke about parking on the ball field and that at a recent event, cars were directed to park there and there was no parking on Seven Hearths Lane which worked well. The third issue was with NH DOT which
Mr. Fogg had already spoken about. Mr. Fogg discussed the fourth issue which was the approval for water supply and septic systems. He sent in a copy of the updated water supply permit. The number of students and hookups were not correct on the permit. It is now 150 students and 3 hookups. Mr. Fogg is working with the State in regards to the septic. There is confusion as to how to get the septic updated as they are not asking to increase the flow, just the number of people using the system. Mount Royal monitors the usage and Mr. Fogg has given copies of the most recent numbers to Mr. Landry. Mr. Fogg hopes to receive an updated septic approval within the next month. The fifth issue was the stop sign and the new sign in the middle of the circle. A sign permit was applied for and granted at the last Selectboard meeting for the sign in the middle of the circle. Both signs are now on the plan. The sixth
issue was the ditch line which Mr. Jesseman had already discussed. The seventh issue was the landscaping plan. Mr. Fogg updated the plan to include that the landscaping would be similar to the two other buildings. They are also proposing four trees between the new building and Seven Hearths Lane to break up the sight of the new building from the road.
Chairman Jennings was asked if the Planning Board had received anything from the Road Agent, Tony Bergeron. Mr. Bergeron sent a letter that addressed fixing Seven Hearths Lane and redoing the sub-base and topcoat and it also confirmed that the ditch was constructed. Mr. Jesseman stated that he had met with Mr. Bergeron in the fall and they spoke about the overlayment and they came to an agreement and he will make sure that he gets written confirmation and will send it to the Board. Chairman Jennings stated that there are some notes that while there is already a $10,000 letter of credit, there is a recommendation that another $25,000 letter of credit be provided for additional possible damage on Seven Hearths Lane. Mr. Broom said that they had met with Mr. Bergeron to
discuss the damage that was done on the road and the agreement that was made was they would post the $10,000 line of credit that would cover any damage that was done during the construction of the gym as well as for any potential damage that would occur doing the construction of the new building. Mr. Broom stated that Mr. Bergeron felt that the amount was more than adequate. There was a discussion about the damage, potential damages, meetings with Mr. Bergeron and the additional line of credit. It was discussed that perhaps the Planning Board could approve the Site Plan Review with the condition of that the bond or letter of credit for an additional $25,000 yet giving the Broom Family Foundation and/or Jesseman Associates the flexibility of going back to Mr. Bergeron to negotiate the amount.
Peter White had a question regarding the landscaping plan and asked what type of trees would be used. Mr. Jesseman stated that normally they plant 4’ Norway spruce which grow roughly 1’ per year up to 75’ and they are durable and hardy. Mr. White asked for and received confirmation that the only lighting would be the four down-lights.
Chairman Jennings closed the meeting to the public. Chairman Jennings spoke about the landscape plan. He thought that they were more concerned with utilizing the landscape plan to create a barrier from the road to prevent children from running into the road. The Board discussed that the new policy sent to the parents should address the problem more than landscaping. Chairman Jennings would like to see an herbaceous border go onto the plan, something small to prevent children from chasing a ball, etc. Chairman Jennings spoke about the letter from NH DOT which basically said that there will be problems with traffic, however, not enough of a problem for them to do anything at this point in time. He also presented a note from Chief Cahill who went and did a traffic
count one morning. From 7:30am to 8:30am there were 47 vehicles which went through and he didn’t see any parking on the road. His translation was that it equates to 188 trips per day during the two time periods of drop off and pick up. Chairman also feels that the other matter that the Board should feel comfortable with is the number of students and the septic issue.
Daniel Schneider made a motion to approve the application subject to an additional performance bond or letter of credit in an amount not to exceed $25,000 or a lesser amount agreed to by the Road Agent. The performance bond will be in addition to the existing $10,000 letter of credit. The motion was seconded by Donna Davis Larrow. The landscaping issue was discussed. Mr. Fogg stated they have added a crosswalk painted on the road for the teachers who take their classes across the road to utilize. Mr. Thibault said that they have discussed with the children and parents about what the expectations are in regards to the safety issues with the road and they are monitoring the situation. Mr. White said that he believes that adding a shrub or such would be another layer
of safety. Mr. Broom said that he would prefer not to have an overlay of restrictions but some shrubs would be something that they could do. Mr. Schneider agreed to an amendment to his motion and Mr. White made a motion to amend the motion to add that some shrubs be planted from tree to tree along Seven Hearths Lane as indicated on the landscaping plan C-4. Donna Davis Larrow seconded the motion. Motion passed unanimously.
MAP 129 LOT 43, MINOR SUB-DIVISION, OAKWOOD PARK, INC., SARGENT ROAD AREA KNOWN AS SUNAPEE CENTER
Peter White recused himself from the case.
Michael Marquise stated that the application was filed in advance, fees were paid, abutters were notified and notices posted. The application falls under Article 6.04 of the subdivision regulations and is a minor subdivision. In the checklist, Mr. Marquise found two minor items that Mr. Marquise believes can just be asked for on the final plan. The two items are the designation of the Zoning District and the Tax Map and Lot number of the subject parcel. In regard to the waivers, Mr. Marquise does not believe that the storm water drainage is necessary for the subdivision plan.
Robert Stanley made a motion to accept the application as complete. The motion was seconded by Daniel Schneider. Motion passed unanimously.
Charlie Hirshberg from CLD Engineers presented the merits of the case. The site is a 5.21 acre parcel that they are subdividing into three parcels. Lot 1 is the existing house lot; lot 2 is what was originally Phase 1 of Sunapee Center which has the existing building and existing slab; lot 3 is the proposed library site. There was a question regarding whether there were contingencies on the subdivision such as they would not go through with the subdivision if the library did not get approved at the Town Meeting. Sherwood Moody from Oakwood Park, Inc. answered that they wanted to have the subdivision done before the library purchase was approved so that it would be easier for the sale to be completed. There are contingencies in the Purchase and Sales Agreement with
the library that they don’t have to do the subdivision if the purchase isn’t approved at the Town Meeting. Michael Marquise stated that in the Planning Board’s outlook, it is a minor subdivision regardless of the approval of the library purchase. There was further discussion regarding the approval of the subdivision if the library purchase was not approved. There was a question about the wetlands and easements on the site.
There are various easements on the site and Mr. Hirshberg presented that plan to the Board. There are seven described easement areas: Easement 1 is the utility easement for Lot 3 for water and sewer lines which belong to the property (Lot 2) as the Water & Sewer Commission does not want to take over new lines therefore the easement is for Lot 3 to utilize those lines; Easement 2 is an access easement to Lot 3 which covers the same area as Easement 1, they have met with Tony Bergeron as the Town will be responsible for plowing the easement and does not overlap any of the current parking spaces; Easement 3 is across Lot 1 which is the sewer line and a man hole for the sewer line from Lot 2 which serves both Lot 2 and Lot 3; Easement 4 goes into Lot 2 for four parking spaces
for Lot 1 as they have a parking space requirement, there are 50 spaces between Lots 1 and 2 and with the current square footage the requirement is 47 spaces, however, when the driveway goes in for the library they could lose 4 spaces and could put in one other space after the driveway is designed; Easement 5 is on the upper part of Lot 2 and is defined as a 40’ wide easement which is for the overhead utility lines to come across to Lot 3. It will also serve as an emergency access easement; Easement 6 is the area on the bottom of Lot 3 which is a drainage easement for Lot 2; Easement 7 is a sewer service easement which is for the Gallup property which goes along the frontage of Lot 2.
There was a discussion about road frontage and access to the site. Mr. Hirshberg explained that whatever was done on Lot 3 would be done at site plan review at a later date. There was a discussion about Zoning and what could be done on the site.
The case was opened to abutters for questions. Peter Urbach, a Library Trustee, commented about Easement 1 and explained that in the event that the Water and Sewer Commission decides to take over the mains, the Easement would go away as the lines would not be privately. Chairman Jennings expressed concern over the issue as there are no notes on the Plan indicating that and it was explained that they are going back for a rehearing on the 15th of December and requesting the Water and Sewer Commission take ownership. Mr. Marquise and Mr. Hirshberg clarified that the Town would then need an Easement and in the originally submitted Plans, the wording is that the Town would have the easement. The Planning Board discussed voting on what they were presented and if the change to the
Plan would have to be done at a later date if the Water & Sewer Commission took ownership of the lines. Mr. Marquise recommended voting to approve the plans subject to the changes of adding the Zoning District, the Map and Lot number and Mr. Hirshberg added that they will know when they bring the Mylar to be signed what the wording for the Easement would be. The Planning Board discussed how long the subdivision approval would be good in order for Oakwood Park, Inc. would have to complete the subdivision bring in the Mylar for signature.
Daniel Schneider made a motion to approve the subdivision subject to receiving a revised and completed plan which would show the size of Lot 1 which is 0.5 acres, which would include the Tax Map and Lot Number, which would show the Zoning District, and that the subdivision is filed not later than one year to the date of the meeting. Robert Stanley seconded the motion. Motion passed unanimously.
Michael Marquise advised Charlie Hirshberg to speak with the Assessing Department before submitting the final subdivision plan as they have a certain way of numbering the lots. Typically the existing homestead is Lot 1 but with this Plan, the existing commercial building they may want to call Lot 1.
MAP 147 LOT 9, SITE PLAN REVIEW, S&J HOLDINGS, LLC, DOUBLE DIAMOND RESTAURANT, EXPAND THE RESTAURANT WITH A 1550 SQUARE FOOT ADDITION AND A 520 SQUARE FOOT PORCH, 563 ROUTE 103
Michael Marquise stated that the application was filed in advance, fees were paid, abutters were notified and notices posted. Mr. Marquise stated that though it is an amendment of a previous site plan review, the Planning Board should discuss the merits of the case and the completeness of the site. There is an addition proposed and there should be some discussion that is beyond the scope of the square footage as the inside of the building will change such as the number of seats will increase. Mr. Marquise feels that the Planning Boards should know what they are asking for tonight and make a presentation on completeness.
David Eckman from Eckman Engineers presented the case and reviewed the plans. Mr. Eckman explained that the owner would like to add 940 square feet of storage in the basement where they will add a walk-in cooler etc. and instead of a crawlspace they are expanding the area under the addition and will be adding a foundation to the existing building. The owners are proposing the hours go from 7 am to 9 pm to 6 am to 12 am. They are keeping the same number of seats including the outside seating which they currently don’t have as they have removed the porch. Steven O’Brien from S&J Holdings, LLC explained that when they purchased the building there were 36 inside seats and 20 outside seats which is what the previous owner’s liquor license was for. When they went to get their beer and wine license, Chief Ruggles notified them that there should only be 28 inside seats as the space is limited. They are allowed by the State for their septic to go to 36 inside seats and they are not
looking to have any outside seats. Also, as the previous site plan was only for 36 seats, they removed the deck with the outside seating so they would be in compliance with the approved site plan. There was a discussion about the different site plan reviews for the building and what has been previously approved such as second to the last site plan review was for the deck which was approved for 18 seats and the last site plan review was for a real estate office. Further discussion was held about the parking on the site, they have enough parking for one more employee (which would make four employees) or they could ask for 3 more seats, they also have one handicap space. They will be doing further renovations to the outside of the building.
Robert Stanley made a motion to accept the application as complete based upon 36 seat capacity, hours from 6 am to 12 am and the proposed expansion. Motion seconded by Donna Davis Larrow. Motion passed unanimously.
David Eckman continued presenting the plans. Mr. Eckman spoke about the foundation, the entrances, the storage, etc. Mr. Eckman presented a plan that they are currently not going for at this time, however, he wanted to let them know that they are looking for a wetlands permit so they can fill a little bit and get access around the back. There was a discussion about the grade of the lot and how they would make up the fill for the proposed change. Mr. Eckman continued by presenting the elevations of the plan. Mr. Eckman was asked if there was a change in the level of the seating in the restaurant. Mr. Eckman returned the Boards’ attention to the floor plan which, while the existing restaurant is not detailed, the new area includes the bar, stage and a few
tables. Mr. O’Brien was asked if they will have entertainment and replied that some point down the road they may entertain the possibility but not at this time. Mr. Eckman explained that it was on the floor plan to show where it would go. Mr. O’Brien commented that the existing building would be maxed out at 10 or 12 seats to keep the patrons comfortable. Mr. Marquise commented that the plan must be signed off by Police Chief Cahill and Fire Chief Ruggles. The stage on the plan was something the Chief of Police had concerns about. Bob O’Brien, the General Manager of Double Diamond, commented that he was at Chief Cahill’s office this afternoon showing him the plans and that after review of the plans and speaking to Mr. Bob O’Brien he had no further concerns. Chief Cahill had explained his concerns to Mr. Bob O’Brien and they had spoken about what Double Diamond would do to abide by Chief Cahill’s
concerns if they decided to have entertainment in the future. Mr. Bob O’Brien was asked if Chief Cahill had signed off on the plan. Mr. Bob O’Brien stated that Chief Cahill had said he was not given a sign off sheet and after reviewing the plans does not believe he has to sign off on the plan. Mr. Eckman also said that Chief Ruggles was going to go in and sign the plan and didn’t have concerns as long as they meet the building code requirements, the fire prevention requirements which are all standard things they are planning on doing. Mr. Marquise stated that the two Chiefs would like to get it on the record what is going to happen and then they would be more committal about their beliefs. He does not believe they have any real issues with the plans but they want to make certain they know what they will be signing off on. Mr. Steven O’Brien was asked how many seats will be at the bar and replied that the number is
unknown until they decide how many seats they will take out of the main dining area though currently the plan is for 8 seats.
The hearing was opened to abutters. Ryan Crawford, an abutter on the west side of Double Diamond, stated that he is concerned with the midnight closing and the proposed entertainment. Chairman Jennings asked what time the State mandated closing time is and was told it is 1 am. Chairman Jennings asked for clarification on the closing time. Mr. Bob O’Brien stated that if they say they are closing at 12 am it means that everyone is out of the building at 12 am. Michael Marquise clarified that the restaurant is in the Mixed Use 1 Zoning District which, along with Village Commercial, is one of the most intense districts. Wojter Staszkiewicz, the owner of One Mile West stated that they stay open later on Friday and Saturdays and by 12:45 am everyone is out of the
building and during the week it varies but typically they close between 10:00 pm and 11:00 pm. Joseph Mollica, the owner of the One Mile West property and former owner of the restaurant, spoke about the septic issues that were brought to his attention when he bought the current One Mile West property and the compliance with the parking. They were held to very strict rules from the State and the Town as to the number of seats they could have due to the number of parking spaces which is 51. He wanted to ensure that everyone is held in compliance to the regulations. Also, their septic system is over and above what they need with 16,800 gallons of storage which cost more than $60,000. With the Double Diamond establishment being on wetlands, Mr. Mollica feels that they should have to have a wetlands permit before the expansion is done. Further, Mr. Mollica is familiar with the site as he looked at it before purchasing his currently owned
property. He feels that the septic system is dated and he is not sure it can handle any addition capacity that close to the wetlands. Mr. Mollica hopes that the Town will take these comments into consideration.
Mr. Staszkiewicz commented that he has been having ongoing conversations with Chief Cahill during the two years he has owned One Mile West regarding possible expansion and feels that Chief Cahill’s major concern is any expansion that is geared towards a tavern / bar / liquor environment. Mr. Staszkiewicz had wanted to increase the size of the building to include a stage area near the bar. Chief Cahill told him today that he would not be in favor of the addition to One Mile West as any establishment’s main desire is to increase alcohol sales and not increase food sales is a major red flag to him. Chairman Jennings stated that they have just been through a period of rezoning and they defined the area as Mixed Use. The definition of the Zone does not differentiate
between establishments that serve alcohol and those that don’t, however, the Board felt that that was a place to have restaurants in the Town. As there is already approval on file for the restaurant with 36 seats and as they are not increasing the number of seats or adding parking he doesn’t believe that they should be looking at these issues, they are looking at the hours of operation and the design, though as a Board they shouldn’t be even looking at the design, just the Site Plan. Mr. Eckman pointed out that they are technically decreasing the number of seats as they have removed the patio seating. Mr. Peter White asked for clarification about the square footage. They are going from a current square footage of 1550 square feet with 36 seats (28 seats per Chief Ruggles) and adding approximately 1295 square feet on the dining room level without increasing the seating from 36 seats. In the basement they are adding roughly 940 square
feet for storage. Mr. White also clarified that while you cannot build on a wetland, there is no State setback from the wetlands. Mr. Mollica asked if there was any ability for any additional seating either inside or outside with the proposed plan that will be approved. The Planning Board confirmed that they would only approve what was presented to them and if it is not on the proposed plan then it wouldn’t be approved so any approved seating from previous site plan reviews would go away. Mr. Steven O’Brien stated that if the business grew there would be a possibility of coming back to the Planning Board to get approval for additional seating and adding parking. Mr. White asked about parking spaces and how many employees there were per shift. Mr. Steven O’Brien stated that there are three employees on per shift and there is one extra space as well as offsite parking at Mr. Bob O’Brien’s apartment across the street
for the owners to use if necessary. There was a discussion about the hours and though the district is Mixed Use how the extended would affect the residents in the district.
Robert Stanley made a motion that the site plan be approved as proposed with the provision that no wetlands will be disturbed during construction without the proper permitting. Motion was seconded by Peter White. Michael Marquise added that they still have the Fire and Police signoffs outstanding. There was a discussion regarding if there are things that directly affect the Board’s decision they should address the issues in the motion so they don’t leave things up in the air with conflicts and how the motion should be made so things don’t fall through the cracks.
Robert Stanley restated the motion that they approve the application as submitted with the provision that no wetlands be disturbed without the proper permitting and that the Police Chief and Fire Chief approve the application as submitted. Daniel Schneider seconded the motion. The motion passed unanimously.
MAP 233 LOT 48-01, SITE PLAN REVIEW, NORMAN AND SUSAN SMITH, OPEN AND OPERATE A 5616 SQUARE FOOT MANUFACTURING / MACHINE SHOP / OFFICE BUILDING, NUTTING ROAD
Norman Smith presented the plans to the Planning Board. Mr. Smith had all required signoffs and had spoken to Chief Cahill about his concerns with the Plan. Chief Cahill would like to change the lighting plan from having one light at each of the four corners to have one light in the center in the back, one light in the center in the front and the two corner lights he would like to be motion sensors. This would help the Police Department when patrolling to help prevent thefts that have occurred at the owner’s current building.
Michael Marquise stated that the application was filed in advance, fees were paid, abutters were notified and notices posted. The application falls under Article 5.0 of the Site Plan Regulations and one question that Mr. Marquise had and the answer was confirmed was in regards to the boundary line it was done from a previous survey. Mr. Marquise said that he didn’t see anything about a sign on the plan and he wasn’t sure if one was proposed. Mr. Smith stated that he doesn’t believe he has a sign on his current building and he didn’t ask for one. Mr. Marquise stated that an item that they will leave open that they normally waive is for hazardous waste and toxic materials which should be discussed during the merits. Also, they will want to talk about
the septic system as it appears that there is one currently in place. It was confirmed that the owners have a design for a septic system, however, it hasn’t been approved as they were waiting to get approval from the Planning Board to go ahead with anything further. Mr. Marquise stated that he believes all five requirements are in place and the application is complete.
Peter White made a motion to accept the application as complete subject to the items Mr. Marquise pointed out. Motion was seconded by Donna Davis Larrow. Motion passed unanimously.
Mr. Smith presented the plan. The number of employees is 14 maximum on the septic. They have more than the necessary parking. They have included a landscaping plan as well which the Planning Board advised they would want to see the trees that are on the plan planted as proposed. Mr. Smith was asked how large the trees would be and he said he would be getting them from the field in the back and from his home as well. Mr. Marquise was asked what Zoning District the proposed business will be going into and stated that it is in Rural Residential and the plan received a Use Variance from the Zoning Board which therefore means that it is an approved use. The Planning Board asked if there were any abutters attending for comments and there were none present. Donna
Davis Larrow asked if the building would be visible from the street. Mr. Smith said that the two driveways will be visible and you would be able to see the building from Bradford Road down across the field. Mrs. Larrow asked if the motion lights would disturb the neighbors and Mr. Smith said that his son owns the old farmhouse and he own the other house and garage which is on the same lot as the proposed building. Also, the center lights will be down cast lights and the motion detectors will aim toward each other and towards the parking area and per the concerns of Chief Cahill. Mr. White asked for confirmation that on the one lot they will have both commercial and residential usage. Chairman Jennings confirmed that a few years ago this could not have been done but now it is allowed. Mr. Marquise asked about the noise and if you could hear the noise from the outside. Mr. Smith said that it is not noisy. Mr. Smith was asked about his
hours and stated his planned and normal hours are from 6 am to 5:30 pm, however, if he has a project that needs to be finished, he will have to work later. Chairman Jennings said Mr. Smith will have to tell the Planning Board what his maximum hours would be and Mr. Smith stated 5 am to 11 pm. There was further discussion about the maximum hours and how they would have an effect on the residential neighborhood. Mr. Smith said that he has spoken to most of the abutters and some had sent letters to the Zoning Board with their consent of the project. There was a brief discussion about the landscaping plan. Chairman Jennings asked if Mr. Smith spoke to the Zoning Board about the hours of operation or just the use and Mr. Smith couldn’t remember. Edward Bailey, an abutter of Mr. Smith’s current machine shop, said that he believes that he did and the understanding was that if what he does now didn’t affect his neighbors then it could
continue in the new machine shop. Mr. Marquise suggested, as the Planning Board has never had to deal with an Industrial building in a Rural Residential Zone, that they recognize both the normal working hours as well as the occasional extended hours. This would show the abutters that there has been a discussion about what is normally happening and what the potential extended hours would be. It was discussed that the regular hours would be 6 am to 6 pm Monday through Friday and 6 am to 12 pm on Saturday. Mr. White asked about a dumpster, which Mr. Smith said would be by the loading dock. It was asked if Mr. Smith used any hazardous material. Mr. Smith said that any oil that comes out of the machine goes to the transfer station. There are no big stacks of oil drums on the property. Mr. Smith was asked if there was outside storage on the site. Mr. Smith said that his original shop on his son’s property which abuts the
proposed machine shop building site will continued to be used for storage.
Robert Stanley made a motion to approve the plan as submitted with the provision that the septic plan is approved and with the hours of operation 6 am to 6 pm, Monday through Friday, and 6 am to 12 pm on Saturday, realizing that the occasional night, it may have to stay open until 11 pm. Emma Smith seconded the motion. Motion passed unanimously.
MAP 133 LOT 91, STATEMENT OF PROPERTY USAGE, SUNAPEE HARBOR RIVERWAY, CURRENT USE OF PROPERTY PETE’S SHED (TATTERED PAGES) PROPOSED USE OF PROPERTY AS PRESCHOOL (SLAVIN’S HAVEN), 31 RIVER ROAD
Sue Mills from Sunapee Harbor Riverway presented the case. Jennifer Slavin, from Slavin’s Haven, currently rents space from the Catholic Church. The Church would like to take back the space for their use and Ms. Slavin needs to move out. Ms. Slavin approached the Riverway and inquired about renting their space if she could get State licensure approval, health certificate approval from the Board of Health and the approval from the Fire Department. Ms. Slavin has gotten most of her approvals and with the exception of a few fire extinguishers and hooking up to an alarm system, Chief Ruggles will approve the usage. Chairman Jennings asked what the hours of operation would be and was told they are from 7 am to 5 pm, Monday through Friday. There will be 10 children
with a maximum of 12. This is a year round preschool. Ms. Mills stated that Ms. Slavin will have to made accommodations to the deck with are specific to her purpose. Also, Ms. Slavin will be using the yard area off the pavilion as a play area and will be required to install a permanent fence in the area and the Riverway will have to get a permit for that. Ms. Mills stated that the Riverway feels that it is a great use of the space. The State has given Ms. Slavin conditional approval based upon some items such as the fence around the play area. Ms. Mills said Ms. Slavin would like to move in over the Christmas break. Peter White asked if it was a more intense use. Michael Marquise stated that there were some concerns as he originally understood 6 month use, seasonally, in the Harbor. Year-round they are dealing with peak season in the Harbor, which could mean that this usage is more intense than prior use. If it is more
intense use it may mean that a site plan review is necessary. Ms. Mills was asked how many employees there would be and answered that there are two employees but they use only one parking space. Mr. White does not see how the traffic of 10 to 12 parents dropping off and picking up their children would be more intense usage. Ms. Mills said that there would also be a bus dropping off children after they get out of school. There was further discussion about whether the change in use would require a site plan review.
A vote was taken of which members felt that a site plan review was necessary. With 10 to 12 children in an existing commercial space, the Planning Board does not feel that a site plan review is necessary.
The meeting was adjourned at 10:23 PM.
Respectfully submitted,
Melissa Pollari
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Bruce Jennings, Chairman Robert Stanley
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Erin Andersen Daniel Schneider
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Donna Davis Larrow Peter White
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Emma Smith, ex-officio member
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