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Planning Board Minutes 2010/06/03
TOWN OF SUNAPEE
PLANNING BOARD
JUNE 3, 2010
PRESENT: Peggy Chalmers, Chairman; Bruce Jennings, Vice-Chairman; Donna Davis; Robert Stanley; Peter White; Charlotte Brown, alternate ex-officio member; Michael Marquise, Town Planner.
ALSO PRESENT: Bill Larrow; Tony Bergeron; Hess Gates; Bob Vigneault.
ABSENT: Daniel Schneider; Emma Smith, ex-officio member.
Chairman Chalmers called the meeting to order at 7:00.
Changes to the minutes of May 6: Line 75, add in “volume” of traffic.  Line 156, change “statement” to “statements”.  Five lines down in text, add Board of Selectmen okayed “use”.  Line 176, change “skulls” to “sculls”.  Motion by Mr. Stanley, seconded by Mr. White, to approve the minutes as amended.  The motion passed unanimously with one abstention.
Administrative Matters:  Mr. Marquise related that Mr. Landry mentioned tent sales which take place at Sugar River Outfitters.  There are generally three sales per summer for one to two weeks at a time.  Mr. Landry wondered if the sales were a concern for the board.  Mr. Jennings commented the sales have been going on for a long time and he does not see why it would an issue with the board.  Mr. White felt the sales fall under the retail use of the property.  Chairman Chalmers said she thought the original site plan included tent sales.  Mr. Jennings said it might be something to address with applicants moving forward.  Mr. Marquise said that he will relay the board’s comments to Mr. Landry.
Mr. Jennings said he spoke with Mr. Landry regarding statements of property usage, who felt they should be done on all applications.  Mr. Jennings said he did not understand why.  Mr. Marquise said statements of property usage were begun about 15 years ago.  On tonight’s case, there was a question of whether applicants must go through statement of property usage prior to site plan review.  Chairman Chalmers felt it could be left up to the applicant if they want to go for site plan review or stick with statement of property usage.  Mr. Jennings does not want to see a situation where the applicant would have to be denied statement of property usage before applying for site plan review.  He would like the process to be user friendly.  Mr. White suggested stating that statement of property usage is optional.  Mr. Marquise said he would speak with Mr. Landry about updating the application.
Intersection of Central Street and Route 11: Tony Bergeron was present to discuss work on the Central Street/Route 11 intersection.  The project has been approved by the Board of Selectmen.  Mr. Bergeron stated he would like to update the board on the project.  The reconfiguration is a result of a petition received from residents of Central Street regarding excessive speed on their road.  Making it a one-way street and installing speed bumps were both ruled out and it was decided to reconfigure the intersection to make a 90 degree turn.  Mr. Bergeron requested DOT help with the redesign, which the Board of Selectmen approved after some tweaking.  The work on the intersection has begun.  Mr. Bergeron said the goal was to diminish the amount of traffic on Central Street, as well as reducing speed.  Mr. White inquired about stop signs at the intersection; Mr. Bergeron said that problem exists now, drivers need to yield going onto Old Georges Mills Road.  He does not think the problem is any greater now than it was previously.  Mr. Marquise thought a yield sign would be of value off of Route 11.  Mr. White said that, as a board, they always want to make roadways greener; he wondered if some of the radius could be traded to allow for an island with greenery.  Mr. Bergeron said that would be problematic for plowing.  Mr. White said the plan looks like a big improvement and Chairman Chalmers liked the reduction of asphalt.  Mr. Jennings thanked Mr. Bergeron for his work.    
MAP 133 LOT 19, ANDREA MANTER, 45 MAIN STREET, SITE PLAN REVIEW FOR 20 SEAT RESTAURANT.
Mr. Marquise stated the application falls under Article 5 of site plan review and all fees have been paid.  Abutters were notified and green cards were received.  It is an amended plan, originally submitted by Robert Sturgis in the 1990s.  One item for the board to consider is the boundary survey requirement, as there is only a partial boundary survey included in the application.  Mr. Marquise did not see a lot line between the Manter property and the adjacent property.  Exterior lighting and signage were not noted and toxic waste and hazardous materials should be left open for discussion.  Otherwise, Mr. Marquise felt the application is complete as submitted.  
Mr. White asked how critical the missing property line is to review of the application.  Mr. Marquise said it is critical to the merits to the extent that parking will be an issue, but there is probably enough information submitted to start the conversation.    
Motion by Mr. Jennings, seconded by Mr. Stanley, to accept the application as complete subject to discussion on whether a more definitive boundary survey is needed, as well lighting and signage noted on the plat.  Amended by Mr. Jennings, seconded by Mr. Stanley, to include discussion of storage of toxic and hazardous waste.  The motion passed unanimously.  
A floor plan of the space was presented.  A kitchen and bath showroom was approved and takes up 195 square feet.  The fire department would allow for 25 seats but the plan is to remain at 20 seats.  The restaurant will be a small, year-round bar and barbeque place.  Proposed hours of operation are 11 a.m. to 9 p.m. from Sunday through Thursday, open until 10 p.m. on Friday and Saturday.  The bathroom is shared by both businesses.  Chairman Chalmers asked about apartments; Mr. Marquise stated the building is approved for 5 two bedrooms apartments.  Ms. Brown asked about there only being one exit; the fire department approved the one exit.  Ms. Brown said it would be difficult to funnel everyone out the front in an emergency.  Mr. White commented that that is the fire chief’s jurisdiction.  
Chairman Chalmers asked about the kitchen and bath showroom; the showroom is by appointment only.  Chairman Chalmers asked about the parking proposal.  The applicant said she thinks the building is okayed for four to five spaces for commercial space; she could not find anything about approval for apartment parking.  Mr. Jennings would like to know how many spaces are needed.  The applicant feels she needs eight spaces.  Mr. Marquise said that in 1997 the approval was given for eight spaces for residential use (for the five apartments) and five spaces for commercial.  There are only two spaces currently provided on site.  Mr. Marquise sees the new use as needing, if the apartment configuration stays the same, eight for residential, seven for seating, three for three employees, one for the showroom for a total of 19 spaces as demand.  The applicant said she needs six spaces in addition to what was approved.  Mr. Stanley relayed Mr. Schneider’s point that, as there is an attempt to revitalize the harbor area, a business that is willing to stay open year round is a good thing.  Mr. Marquise said 13 spaces are a grandfathered deficiency.  
The applicant said she did a layout of businesses and parking in harbor.  She feels that other business work with minimal parking and the fact that it is a walking area would result in a lot of foot traffic.  She wondered if the boat trailer parking lot could be utilized.  It has been difficult to determine specifically what parking is available, but it seems to work for other businesses and she feels there is plenty of municipal parking available.
Mr. Wiggins, who owns the machine shop next to Hames Park, gave her written permission for six of his parking spots for restaurant use.  Mr. White asked about the space between the building and the barn for parking.  It is only nine feet wide and could not be reworked to accommodate more spaces.  Mr. White suggested perhaps the driveway could be made wider.  There is no room to expand the driveway.
Mr. Marquise relayed department head comments to the board.  The water and sewer department would like to see a testable backflow device and grease trap.  The fire department requires upgraded wires, wall and ceiling unit, emergency light and exit sign, smoke detectors, fire extinguisher and a hood system if there is to be a Fryalator.  If the outdoor smoker produces smoke it will need to be removed.  The police department had no comment and the highway department was concerned with parking.
Chairman Chalmers asked about a dumpster; there is a small dumpster noted on plan.  Mr. Marquise asked about the abutting property; it is just storage barn.  Mr. White suggested asking about parking on abutting property.  Chairman Chalmers asked about signs and lighting.  The board reviewed the separate plan submitted for both.  Mr. Jennings asked about outside tables; there will not be any.  Chairman Chalmers asked about toxic waste and hazardous materials; that is not an issue.
There were no abutter comments.  Chairman Chalmers asked if there were plans for music; there are not.  
Mr. Marquise asked about hours, which are stated to be Sunday through Thursday, 11 a.m. until 9 p.m., Friday and Saturday until 10 p.m.  Mr. Jennings suggested requesting hours that are certain to be sufficient.  The proposed hours were changed to 11 a.m. until 11 p.m., seven days a week.  Chairman Chalmers asked about the noise level affecting the tenants.  The applicant said there is only one other tenant currently in the building, who knows what the plans are, and whoever else moves in will be aware of the restaurant.    
Chairman Chalmers closed the public hearing and asked the board members’ opinion.  Ms. Davis has concerns about not having another exit.  She is also curious about having only one bathroom and is concerned about the cooking smell affecting the apartments.  Mr. Jennings asked at what point the building has to be handicapped accessible; Mr. Marquise said a building inspector would typically address that type of thing.  Mr. White said it is up to the owner to make sure the building meets code.  Mr. Jennings said the ability to put parking on site must be met first, then public space can be considered.  There is no ability on this property to put in additional spaces so it qualifies to use municipal parking and he does not have an issue with the number of needed spaces being found within the harbor.  Mr. Jennings asked if those spaces have to be specifically identified.  Mr. Marquise said there was no set precedent.  
Mr. White said he is satisfied with the parking analysis completed by the applicant and feels use of municipal parking is appropriate.  He has no other concerns.  Ms. Brown reiterated her feeling that another exit is needed from the kitchen, though she is satisfied with access through the windows.  Ms. Brown asked about the unisex bathroom; Mr. Marquise said that is for the health officer to sign off on.  Ms. Brown thinks there is an RSA regarding handicapped access.  Mr. White commented that that is not a planning board issue.  
Mr. Stanley said his only concern is handicapped access but has no problem with parking.  He is not concerned with a second exit if the fire chief has signed off.  Ms. Davis suggested putting building/health codes in the motion.  Mr. Marquise said that is not under the planning board jurisdiction and it is understood that the applicant will meet those codes.  Mr. White said requiring it in the motion implies responsibility for it.
The applicant assured the board she would meet all building and health codes.  Chairman Chalmers asked if the board has an issue with the boundary survey; the board did not.
Motion by Mr. Stanley, seconded by Mr. Jennings, to approve site plan review for a 20 seat restaurant for 45 Main Street on the following conditions: hours of operation will be 11 a.m. to 11 p.m. seven days a week, water and sewer department and fire department requirements will be met, exterior lighting and signs will be added to the plat.  Amended by Mr. Stanley, seconded by Mr. Jennings, to add the following conditions: the number of employees is not to exceed three at a time for the total commercial space and 195 square feet of the building will be utilized as a kitchen and bath showroom.  The motion passed unanimously.
The meeting was adjourned at 9:08.
Respectfully submitted,
Katie Richardson


____________________________________________   ________________________________________
Peggy Chalmers, Chairman                                Bruce Jennings, Vice-Chairman



____________________________________________   ________________________________________
Donna Davis                                             Daniel Schneider



_____________________________________________    ______________________________________
Robert Stanley                                              Peter White