TOWN OF SUNAPEE
PLANNING BOARD
MARCH 4, 2010
PRESENT: Peggy Chalmers, Chairman; Bruce Jennings; Daniel Schneider; Peter White; Emma Smith, ex-officio member; Michael Marquise, Town Planner; Roger Landry, Zoning Administrator.
ALSO PRESENT: Robert Carter; Jim Bouchard; Charles Smith; Stephen Seitz, Eagle Times; Donna Davis; Bill Larrow; Ed Frothingham; Mike Mayo; Ray Laro; Mark Barselle; Darren Larter; Eric Stone; Jeff Bushey; Joan Pankhurst; Samantha Bailey; John Galloway; Ryan Crawford; Carol and Venita Nudd.
ABSENT: Allan Davis, Vice Chairman; Robert Stanley; Nick Kontoes, alternate; Philip Porter, alternate; Fred Gallup; alternate ex-officio member.
Chairman Chalmers called the meeting to order at 7:00.
Review to the minutes of Feb. 4: Line 46: change “complete” to “completed”. Line 66, change “minimum zoning” to “minimum lot size”. Line 75: change “evolve” to “from evolving”. Line 84: Add “The board concurred.” Motion by Mr. Jennings, seconded by Ms. Smith, to accept the minutes as amended. The motion passed unanimously with one abstention.
Administrative matters: Motion by Mr. Jennings, seconded by Mr. White, to approve the Master Plan as amended at the previous meeting. The motion passed unanimously.
The next planning board meeting will be in April.
MAP 211 LOT 14 MAJOR SUBDIVISION, COOPER STREET PARTNERS LLC, 13 LOT SUBDIVISION (12 SINGLE FAMILY LOTS, 1 CONSERVATION LOT), NH ROUTE 11. (CONTINUED)
Robert Carter stated that some changes have been made to the plan per the request of Fire Chief Dan Ruggles and Road Agent Tony Bergeron. Mr. Carter has a work authorization number from PSNH; however, they will not give final approval until the project is within 90 days of completion. The poles are presumed to be spaced 200 feet apart. Mr. Carter has met with Mr. Bergeron and made adjustments on the plan regarding drainage swails, treatment swails and the retention pond. He has placed flushing basins at upstream points of underdrains. Chief Ruggles would like a 30,000 gallon cistern in the cul de sac; it will be a polyethylene cistern. There will also be a 70 foot pulloff for fire trucks.
Mr. Carter said that the Board of Selectmen had expressed concern over the conservation lot so he is proposing to eliminate that lot. There would be 12 lots in total, with lots 11 and 12 increased to just over 6 acres each. Also of concern is who would maintain the road and drainage if the town opts not to take over the road. Jim Bouchard said there will be a note on the plan that road and drainage will be maintained by the property owners until the town takes it over. Cooper Street Partners is in the process of drafting homeowners bylaws (i.e. road/drainage maintenance agreement). The association will have the right to assess fees to maintain the road. Chairman Chalmers asked if town counsel would be required to review it; Mr. Marquise replied in the negative.
Mr. Bouchard said that when the bylaws are finalized he does not have a problem with town counsel reviewing it, but stated that it does not involve the town in any manner.
Mr. White asked if the town would take over the cistern if it opted to take over the roads; Mr. Bouchard responded in the affirmative. Mr. Carter stated Mr. Bergeron requested that a vehicle be able to get to the retention basin and asked to be involved in road construction, specifically what materials are used over ledge. Mr. Carter added that the inspection and maintenance plan was changed at Mr. Bergeron’s request in that inspections will not be tied to frequencies listed.
Chairman Chalmers inquired if there should be a note about the utility lines being estimated and wondered if there should there be a note about maintenance of swails and roads. Mr. Marquise stated that as everything is proposed, no note on utility lines is required. Regarding the maintenance of swails and roads, it is implied.
Chairman Chalmers stated that the board would need a copy of homeowners bylaws, curb cut approval, bonding and sign off by the fire chief. Mr. Bouchard stated he would like to request conditional approval. Mr. Marquise stated that approval with conditions could be given.
Mr. Marquise stated he likes the plan better without the conservation lot as such a lot could be problematic if it holds no particular interest to any one group. He suggested a note to say the wetlands area is to be protected and not developed, or perhaps indicate a 50 foot no build zone around the wetlands as a condition.
Mr. Jennings commented that the plan is preferable to the original one.
Motion by Mr. Jennings, seconded by Mr. White, to approve the plan as amended, subject to the following conditions: copy of homeowners bylaws addressing future access to road, cistern and drainage maintenance; curb cut approval; sign off by fire chief and road agent; bonding; and a note on the plaque that there be a fifty foot no build zone around the wetlands area and would include the wetlands on lots 11 and 12. The motion passed unanimously.
Approval is conditional on receipt of the above within six months.
MAP 147 LOT 19 SITE PLAN REVIEW, DOUBLE DIAMOND CAFÉ, JEFF BUSHEY, 563 ROUTE 103, CONVERT STORAGE SPACE INTO A REAL ESTATE OFFICE.
The application falls under Article V of site plan review regulations; it is an amendment to an already approved site plan. Mr. Marquise stated that the application is complete as submitted.
Motion by Mr. Jennings, seconded by Mr. Schneider to accept the application as complete. The motion passed unanimously.
Mr. Bushey stated there would be two signs. Mr. Marquise pointed out that they were not listed on the plan; Mr. Bushey said they are listed on the application. The signs will be 4x6 and 2x4. Additional lighting will be on top of the building underneath the sign.
Mr. Jennings inquired about parking; there are 22 spaces for the café plus 2 for the office. Approved hours of operation for the café are 5 a.m. – 10 p.m. The hours of operation for the real estate office would be within those hours.
Motion by Mr. Schneider, seconded by Mr. Jennings, to approve the application as presented. The motion passed unanimously.
MAP 104 LOT 20 SITE PLAN REVIEW, DONNA DAVIS, 15 PROSPECT HILL ROAD, GEORGES MILLS, CONTINUE TO OPERATE AN AUTO, MARINE RECONDITIONING SHOP AND WHOLESALE AUTO SALES UNDER THE HOME BUSINESS PROVISION OF THE ZONING ORDINANCE.
The application falls under Article V subsection D as presented. If the board determines it is not a home business, a new application will be required under a higher standard. Mr. Marquise stated that the application is complete as submitted.
Mr. Jennings inquired why the application said “continue to operate”. Mr. Landry stated that the business was operating without proper approval, a complaint was filed, a cease and desist was issued and the applicants cooperated by closing down the business. The business began in 1996 and has expanded since. There is one employee working for the business. Mr. Schneider inquired if it should be viewed as a new application; Mr. Marquise replied in the affirmative.
Mr. White asked why it was before the planning board before going before the zoning board; Mr. Landry said it was to expedite the process in order that the applicant could obtain a renewal of their wholesale dealers license which expires this month. Mr. Marquise said the planning board does have the ability to determine if the application falls under the definition of a home business.
Chairman Chalmers read the definition of a home business, “Any business that is conducted within the home by inhabitants of the home and no more than three non-resident employees. The home business shall meet all the requirements of the site plan review regulations. If the home business is for retail purposes it shall be limited to items which are made on the premises or antiques. The home business shall be subordinate and incidental to the primary residential use of the property and shall not change the residential character of the dwelling or neighborhood. The home business shall not generate noise, odor, traffic or any other negative influence on the community or neighboring properties.”
Mr. Schneider said he would question if such a business would fall under the definition of a home business due to the nature of the business. He asked if there is a precedent for such a home business. Mr. Marquise stated there was not.
Mr. White stated that the question is if this is a home business or a regular business which would need to meet all the requirements. Mr. Landry suggested the applicants explain what they are trying to do.
Ms. Davis said that she is the property owner and Mr. Larrow is the sole proprietor of Series 2000. She said first and foremost it is their home; it is not intended to be a business. Ms. Davis said it not a body shop and they did not think they were doing anything wrong. They have been operating since 1995 and have not had any complaints. They wish to get paperwork in order. Mr. Larrow commented that if you have been by their residence, you would not think it was a business. Regarding the auto wholesale aspect, they do not invite the public or put up signage. They buy cars from auction, recondition and resell them. Offshoots of the business are bodywork for municipalities and marine work. Mr. Larrow said it is not a full blown business, it is very
low-key.
Mr. Schneider inquired as to the maximum number of vehicles including boats at one time. Mr. Larrow said there may be 2 vehicles plus 3 boats at a time. Ms. Davis said the business is seasonal. Mr. Larrow said they do oil changes, brakes, minor fixes, etc. Mr. Jennings asked if there were any buildings, alteration of terrain, etc. Mr. Larrow responded in the negative.
Mike Mayo said he had been their neighbor for six years before he became aware that they were operating any kind of business.
Mr. White inquired if the definition “within the home” means within the site. Mr. Marquise said that is the way it has been interpreted.
Mr. Landry said he has received complaints from two of the neighbors about Northeast Towing dropping cars and making noise in recent months. Ms. Davis said that Northeast Towing is not related to either of them; they have a son who works for Northeast Towing and brings a wrecker home.
Mr. White pointed out that the restrictions for a home business site plan review are less than those for a regular business. Mr. Marquise stated that if the application is accepted as complete, the board is accepting the application as a home business.
Mark Barselle stated he lives in close proximity wanted to know about an article in paper regarding Mr. Larrow’s business. Chairman Chalmers said that is not relevant. Mr. Barselle stated that there is more information that should come out. He feels there is more activity going on than an occasional fix. Mr. Landry said the board is trying to determine if the application is complete; they have not yet discussed the merits of the case.
Mr. White said his concern is the use of the property, i.e. use of hazardous materials, noise, etc. He feels it is straddling the line of a home business. Ms. Smith suggested the zoning board review the application first. Mr. Schneider said he seriously questions whether it meets the definition of a home business. Mr. Jennings said he always tries to take applicants at their word but said that without knowing the particulars it is hard for him to determine whether it is a home business. He would like a better description of what is happening on the property. Mr. Marquise suggested tabling the acceptance and have a conceptual in order to obtain further information.
Mr. Landry said the home business cannot be approved without a special exception and either way it is contingent on the zoning board’s approval.
Mr. Schneider reiterated that, given the nature of the business, he does not think it is a home business. Mr. Jennings said he felt that the number of employees, impact of the neighborhood, hours of operation, etc. are what determine a home business.
Darren Carter said there are a few things that are not coming to light. He stated that Series 2000 is a preferred body shop for the state police. Mr. Carter said that Ed Andersen is the employee of Series 2000 and his wife is one of the owners of Northeast Towing. Mr. Larrow said that the neighbors have an ax to grind against Ed Andersen.
Mr. White said the board needs more information as to the use. Mr. Landry said if the zoning board accepts it as a home business and grants the special exception, the application will be back to the planning board for site plan review but they will no longer be able to determine if it is a home business. Mr. Marquise said any expansion would require site plan review. Mr. Jennings said he felt it was premature to make a decision until the zoning board makes a decision; the board agreed.
The case will be continued to April 1.
MAP 232 LOT 13 & 15, SUBDIVISION/LOT LINE ADJUSTMENT, JOLYON JOHNSON, TRASK BROOK ROAD, JOHN GALLOWAY, 86 TRASK BROOK ROAD, CONVERT EXISTING NON-CONFORMING LOT INTO A 1.5 ACRE LOT.
Mr. Marquise stated that the application falls under Article 6.04 of subdivision regulations and is available for waivers under 6.05B. Waivers would be boundary survey, existing and proposed contours, utility lines, stormwater drainage and water supply facilities. Mr. Marquise stated that, with waivers, the application is complete as submitted.
Motion by Mr. Jennings, seconded by Mr. Schneider, to accept the application as complete waiving boundary survey, existing and proposed contours, utility lines, stormwater drainage and water supply facilities. The motion passed unanimously.
Mr. Jennings said to him it was a no brainer.
Motion by Mr. White, seconded by Mr. Schneider, to approve the subdivision/lot line adjustment. The motion passed unanimously.
MAP 133 LOT 27 MATHEWSON PROPERTIES LLC, GLEN AND MARTHA FIELD, 11 GARNET STREET, LOT MERGER REVIEW.
The case is tabled for the present time.
The meeting was adjourned at 9:09.
Respectfully submitted,
Katie Richardson
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Peggy Chalmers, Chairman Bruce Jennings
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Daniel Schneider Peter White
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Emma Smith
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