TOWN OF SUNAPEE
PLANNING BOARD
JULY 1, 2010
PRESENT: Peggy Chalmers, Chairman; Bruce Jennings, Vice-Chairman; Donna Davis; Daniel Schneider; Peter White; Emma Smith, ex-officio member; Michael Marquise, Town Planner.
ALSO PRESENT: Sandy Alexander; Christine Alexander; Guy Alexander; Steve White; Scott Blewitt; Craig Heino; Patricia Halpin; Jeff Reed; Meagan Reed; Rem Mastin; David Cahill; Rick Webb; Clifford Richer.
ABSENT: Robert Stanley; Charlotte Brown, ex-officio member.
Chairman Chalmers called the meeting to order at 7:04.
Changes to the minutes of June 3: Motion made by Mr. White, seconded by Ms. Smith, to approve the minutes as presented. The motion passed unanimously.
Administrative Matters: Mr. Marquise stated that the board should start thinking about meetings to address the zoning ordinance in the near future. He would like to work through zoning issues early this year and address zoning districts as per the Master Plan.
Town Manager Donna Nashawaty is looking for a member of the planning board to be a member of the Scenic Byway Committee. The next meeting is August 12. Mr. Jennings and Mr. White will serve on that committee.
MAP 122 LOT 11 & 12, SUBDIVSION LOT LINE CHANGE AND ANNEXATION, ALEXANDER LIVING TRUST, 180 AND 182 JOBS CREEK ROAD.
Mr. Marquise stated that the application falls under Article 6.04 of the subdivision regulation and is eligible for waivers under Article 6.05B. Waivers to be considered are for existing and proposed contours, existing utilities, plans for stormwater drainage and water supply facilities. The zoning board granted two variances on May 13 to allow for reduction of shoreline frontage and lot size.
Motion by Mr. Jennings, seconded by Mr. Schneider, to accept the application as complete subject to waiving existing and proposed contours, existing utilities, plans for stormwater drainage and water supply facilities. The motion passed unanimously.
Mr. Marquise explained the reasons for the variances. Mr. Jennings asked Mr. Alexander if the lots were on town sewer; he stated that they are. Mr. Marquise asked when lots were created. Mr. Alexander said around 1975-76. Mr. Schneider asked if there were any additional construction to be considered; there is not. Mr. Jennings commented that the proposal seems pretty straightforward.
Motion by Mr. Jennings, seconded by Ms. Davis, to approve subdivision lot line change and annexation for Alexander Living Trust, 180 and 182 Jobs Creek Road.
Mr. Marquise suggested that there be a time frame to execute the subdivision. Mr. Alexander stated that he would prefer there not to be a timeline, and if there is a deadline that it be as open ended as possible.
Motion amended by Mr. Jennings, seconded by Ms. Davis, that the application be approved subject to filing the Mylar and executing deeds prior to July 1, 2011.
The motion passed unanimously.
MAP 130 LOT 03, SITE PLAN REVIEW, LYNNE PEIRCE MEMORIAL PLAYGROUND, SKI TOW HILL.
Mr. Marquise stated that the application falls under Article 5 of the site plan review regulations. Because of the nature of the project, some items will not be applicable including square footage of uses, water and sewer facilities, utility lines, lighting, signs, fire alarms/sprinklers, drainage, toxic waste and hazardous waste. Mr. Blewitt commented that there will be a Tilton Park sign at the entrance. Items that need to be added are signature block and tax map and lot number.
Motion by Mr. Jennings, seconded by Ms. Smith, to accept the application as complete subject to the addition of signature block and tax map and lot number. The motion passed unanimously.
Mr. Blewitt presented the case. He would like to develop the property for recreation as originally intended. The plan presented is a conceptual developed by the recreation committee. The elements Mr. Blewitt is looking for permission to install now are the playground, the disk golf course, a picnic area, a pump track, and a kiosk at the entrance to the trail. The recreation committee would come back for permission to install any other elements.
Mr. Jennings asked how many parking spaces were available in the existing parking lot. Mr. Blewitt said there are 20. He clarified that he is not seeking approval for the dog park, community garden, bathroom, pavilion, shed or outdoor fire pit. Mr. Jennings commented that since those things are on the plan, perhaps the board could embrace them conceptually. Mr. Blewitt said that while he would appreciate that, he wants to be sensitive to the neighbors and see how the first four elements fit in. Mr. Jennings thought the board could take all elements under consideration since they are on the plan.
Chairman Chalmers opened the meeting to public comment. Meagan Reed, 52 Chase Street, said she and her husband are abutters to Tilton Park. She thinks Mr. Blewitt is doing a great job but she is concerned that the plan, being conceptual, may change and that different recreational pieces may have an impact on the neighborhood.
Mr. Jennings asked if the park would be open to residents only. Mr. Blewitt said it would be open to all. Mr. Jennings asked the hours of operation. Mr. Blewitt said dawn to dusk. Mr. White asked if there would be a gate at the entrance. Mr. Blewitt said no.
Ms. Reed asked about the fairways of disk golf course. Chairman Chalmers asked how far the disk baskets are to the Reeds’ property. Mr. Steve White stated that the planning board should look at proposed structures separately. Mr. Blewitt said he would be more than happy to redesign the holes which are close to the Reeds house. Mr. Jennings asked if the Reeds would rather have a shrub border. Mr. Reed said there is somewhat of a natural border there.
Mr. Schneider asked if the plan was approved by the town. Mr. Blewitt said it was approved in the form of a warrant article listing some of the elements. Mr. White commented that basket 7 could be moved. Ms. Reed reiterated that it is very close to their property. Mr. Schneider suggested a stipulation that said nothing could be within 100 feet of the Reeds’ property. Mr. Blewitt suggested he work with the Reeds to come up with a workable solution. Chairman Chalmers suggested making approval of the application conditional on redesigning the course with a letter of approval from the abutters. Mr. Jennings wondered if that would set a precedent for having approval conditional on abutter agreement. Chairman Chalmers said an alternative would be
to approve the other three elements and have Mr. Blewitt come back about the golf course. Ms. Davis asked about approving the golf course as long as it is a certain distance away from a structure. Mr. White asked about the side setback. Mr. Marquise said it is 15 feet. Mr. White thought that it might be a good idea to have the course a set distance from the property line.
Mr. Mastin asked how wide the fairways would be in the wooded areas. Mr. Blewitt said part of the challenge is to work within the terrain and as such he cannot give a definitive answer. Ms. Reed asked if they are cutting any trees. Mr. Blewitt said it is not being clear cut, only small trees will be taken down and the conservation commission will have the ultimate say in which trees are being cut.
Chairman Chalmers asked about the dimensions of the playground. Mr. Blewitt said it would be 55’x151’. Ms. Davis asked if the pump track would be visible from the street. Mr. Blewitt said there is a chance it may be when loam is removed and hazardous trees are removed. The pump track will be 50’x50’. Chairman Chalmers asked how far it would be from the parking lot to the pump track. Mr. Blewitt said approximately 75 feet. Chairman Chalmers asked how far the picnic area would be from the playground. Mr. Blewitt said 50 feet.
Mr. Jennings said the biggest concern would be safe access for children walking to the park. He thought identifying a safe route would be an important element.
Mr. Schnieder wondered if Mr. Blewitt could live with nothing being within 50 feet of the property line. Ms. Reed said the more distance the better. Mr. Jennings asked if Mr. Blewitt would like to make a proposal. He answered that they could certainly start with 50 feet; he is anxious to work with the Reed family. Mr. Blewitt feels the project will be a work in progress and there is room to change as they go. Mr. Jennings asked how big the property is. It is ten acres. Mr. Jennings said he feels it is important for the town to be the best neighbor it can possibly be. Chairman Chalmers asked if the area lends itself to buffering. Ms. Reed said more shrubs would be great. Mr. Jennings asked if there were money in the recreation department
budget to purchase shrubs. Mr. Blewitt thought that would be doable.
Chief Cahill said another issue would be Frisbees landing in the Reeds’ yard and people trespassing onto their property to retrieve them. Chairman Chalmers asked about relocating the golf course. Mr. Blewitt does not want baskets within the main slope of the land; he does not want to take up the open field as it will be used for winter activities. Mr. Mastin asked how much of the ten acres the meadow takes up; Mr. Blewitt thought about six.
Mr. Jennings commented that the idea of a park in town is an excellent. Mr. Steve White asked how deep the holes are in the ground. Mr. Blewitt explained that they are vertical baskets.
Chairman Chalmers asked the Reeds if they have an idea of what conditions they would like to see imposed. Mr. Reed said he would like to see elements not less than 50 feet from the property line. Mr. Jennings asked the Reeds if they are comfortable with a shrub border; they indicated they are. Chairman Chalmers closed the meeting to the public.
Ms. Davis reiterated she would like to see a distance of 50 feet from the property line and a buffer to accommodate the Reeds. Mr. Schneider agreed. Chairman Chalmers also agreed and thought they might like to add that the recreation department should maintain the existing buffer. Mr. Jennings said that a 50 foot distance and an evergreen buffer are good ideas. Ms. Smith agreed. Mr. White said he applauds the recreation committee for getting someone qualified to complete the plan. He thought the recreation committee might ask Pellettieri Associates what an appropriate buffer would be and said he would not go any less than 50 feet for the distance from the property line.
Chairman Chalmers reopened the hearing.
Motion by Mr. Schneider, seconded by Ms. Davis, to approve the site plan for Lynne Peirce Memorial Playground, Ski Tow Hill, including the picnic area, Frisbee golf course, pump track, playground and kiosk, subject to there being no structure or facility constructed within 50 feet of the property line, that there be installation of a buffer along the property line shared with 52 Chase Street and that the recreation department maintain the existing buffer. The motion passed unanimously.
Motion amended by Mr. Schneider, second by Ms. Davis, to put a timeframe of not more than 45 days starting July 12 that the buffer be installed. The motion passed unanimously.
MAP 128 LOT 81 & 82, SUBDIVISION LOT LINE CHANGE AND ANNEXATION, VIRGINIA H. FEENEY TRUST, 102 LAKE AVENUE.
Mr. Marquise stated that the application falls under Article 6.04 of the subdivision regulations and qualifies for waivers under Article 6.05B. Items under consideration for waivers are existing and proposed contours and utilities, stormwater drainage and water supply facilities. The property was approved for a variance by the zoning board.
Motion by Mr. Jennings, seconded by Mr. White, to accept the application as complete subject to waivers for existing and proposed contours and utilities, stormwater drainage and water supply facilities. The motion passed unanimously.
Virginia Feeney and Phil Desmond, owners, would like to make the non-conforming lot less non-conforming. They own both of the lots and would simply like to move the property line over to make the smaller lot slightly larger. The bigger lot remains conforming.
Mr. Jennings asked if the property were part of Indian Cave. It is contiguous to it; the lots are accessed both through Indian Cave and further up the road.
Motion by Mr. Jennings, seconded by Ms. Smith, to approve the application as presented subject to the condition that the Mylar be filed and the deed executed within one year. The motion passed unanimously.
MISCELLANEOUS
MAP 218 LOT 76 CONCEPTUAL, SUBDIVISION LOT LINE ADJUSTMENT AND ANNEXATION, RICHARD AND SUSAN WEBB, AVERY ROAD.
Clifford Richer spoke to the case. This is a conceptual; he had spoken to Mr. Landry about the procedure for a one lot subdivision. He would like to come before the planning board at its next meeting with an acceptable plan.
The property is on Avery Road past the transfer station. Rick Webb owns the bulk of the property; however, there is a problem with an annexation which was never completed, taking away over a half acre of land that he thought Mr. Webb had.
Mr. Webb asked for the case to be tabled until the annexation is worked out. Chairman Chalmers said it needs to be determined if the road is a class six or permanently private. Beyond that, if they have road frontage, there are several options for subdivision. Mr. Webb reiterated that he would like to hold off on the subdivision until he has the deed on the annexed piece worked out.
Public comment: Mr. Steve White wanted the opportunity to address the board regarding site plan review for a 20 seat restaurant at 45 Main Street. Mr. Schneider said he thought it was a bad idea to set a precedent to discuss cases that have already been decided. Mr. White feels that there is not an evenhanded approach by the planning board toward properties within the village district. He feels this particular case stands out. He looked at the issues pointed out by the board (parking, safety, fire concerns, etc.) yet it was approved. Mr. Schneider reiterated he did not feel the board should be discussing the case and wanted to make a motion to adjourn the meeting. Mr. White said he had asked the Chairman to address the board and received permission. He
feels the board is obligated to receive public opinion. Mr. Schneider feels discussing this case sets a precedent. Mr. White feels that applications in village district have been dealt with differently in different cases. Mr. Schneider suggested adjourning the meeting and discussing the issue afterwards. Mr. White pointed out that as long as there is a quorum it is a meeting. Mr. Jennings asked Mr. White to present his issues in a general way without referring to that specific case. Mr. Peter White said he took exception to the comment that concerns with the application were disregarded. He said a lot of issues were discussed that are not within the board’s jurisdiction, for example, ADA compliance and fire safety concerns. Mr. Steve White specified parking and does not feel there is a consistent standard of parking in the village. He feels it becomes unfair to some applicants. Mr. Jennings explained that each
applicant is required to do what they can on their lot to satisfy parking requirements, then other options may be looked at. Mr. Peter White pointed out that there are not many lots in the harbor where there is adequate on-site parking. Mr. Steve White stated he just wanted to be heard; he feels the board does an excellent job. Mr. Jennings said it was important for the board to receive feedback from the public.
The meeting was adjourned at 9:49.
Respectfully submitted,
Katie Richardson
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Peggy Chalmers, Chairman Bruce Jennings, Vice-Chairman
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Donna Davis Daniel Schneider
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Peter White
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