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Planning Board Minutes 2010/09/16
TOWN OF SUNAPEE
PLANNING BOARD
SEPTEMBER 16, 2010
PRESENT: Peggy Chalmers, Chairman; Bruce Jennings, Vice-Chairman; Donna Davis; Dan Schneider; Bob Stanley; Peter White; Emma Smith, ex-officio member; Michael Marquise, Town Planner; Roger Landry, Zoning Administrator.
ABSENT: None.
ALSO PRESENT: John Gioldassis; Mike Trojano; Brendan Minnihan; Tom Frederick; Aaron Simpson; Shaun Carroll Jr.; Dave Montambeault; Ted Gallup; Charlie Hirshberg; Fred Gallup; Karen Atwood; Mike Ball; James Jackson; Tim Fleury; Doug Gamsby.
Chairman Chalmers called the meeting to order at 7:02.
Changes to the minutes of Aug. 5: Correct spelling of maintenance on page 2.  Motion by Mr. Stanley, seconded by Mr. White, to approved the minutes as amended.  The motion passed unanimously.
Administrative matters: Upper Valley Regional Planning Commission sent a letter stating they are applying for a grant to study sustainable communities.  They would like a letter of support from town planning boards, which the planning board signed.
Cooper Street Partners is asking for a three month continuation for their hearing for final approval, as they still need to get their homeowners agreement and bylaws in place.  They were due to come before the board this month.  Mr. Schneider felt that in future requests for continuation should be an agenda item.  Motion by Mr. Jennings, seconded by Ms. Davis, to grant a three month continuation to Cooper Street Partners.  The motion carried unanimously.
MAP 255 LOT 38, JOHN GIOLDASSIS, 30 ROUTE 103, SITE PLAN REVIEW, CHANGE USE FROM PROFESSIONAL OFFICE TO BOAT AND ENGINE REPAIR SHOP AND RETAIL SALES.
Mr. Marquise stated that the application was filed in advance, fees were paid, abutters were notified and notices were posted.  A special exception was granted by the zoning board of adjustment last week. The application falls under Article 5 of the site plan review regulations.  Items not included on the plan are: perimeter boundary survey, map and lot number, names and addresses of abutters, signatures blocks, site location map, north point and bar scale, existing and proposed contours, layout and size of parking lot, landscaping plan, utility lines, water and sewer, fire alarm, toxic waste, hazardous waste and drainage.  He feels the board needs to determine if there is enough information without those items.
Chairman Chalmers commented that there are no dimensions except for one side of the lot.  She feels the map and lot numbers are needed, as is a landscape plan.
Mr. Jennings asked if the applicant is proposing anything different than the current physical layout of the property.  He inquired if any of the parking areas are different; they are not.  Chairman Chalmers observed that the boat parking is on the grass.  Mr. Landry said tractors and lawn mowers were parked on the lawn for a previous business on that site.  Mr. Jennings felt the plan is not very well defined on the map.  Mr. White thought it would be difficult to consider the merits without dimensions and layout.    
Mr. Marquise felt some things could be waived, such as boundary survey and contours, but overall does not feel the application is complete.
The board agreed the applicant should come back with the following: map and lot number, signature block, names and addresses of abutters, north point, layout of parking spaces for customers and employees, well location, landscaping plan if applicable, fire alarm, toxic and hazardous waste, drainage and setbacks from roadways.  
Mr. Stanley asked if the board could give conditional approval.  The applicant stated he would like to get his business open and was not aware that these requirements were needed.  Mr. Landry offered to work with the applicant to complete the drawing together so the board could hear the application tonight.  The board was agreeable to that solution.
The hearing resumed at 10:12.
The applicant stated that the number of employees will be reduced to a maximum of four and no boat washing will take place on the premises at this time.  Used oil is drummed up and taken for recycling.  Chairman Chalmers asked about oil spillage; there is none because a vacuum system is used to pull it out of the block.  Drain pans are not used for that purpose.  Mr. White asked if the state comes by to inspect; DES did check the previous Jim’s Marine location due to other, preexisting issues with the property.  Ms. Davis asked if there has been contact with DES regarding the new site.  The applicant responded that it is not required as the business does not come close to the criteria in terms of quantities.
Mr. Marquise stated he is satisfied with the completeness of the application.
Motion by Mr. Schneider, seconded by Mr. White, to accept the application as complete subject to waiving of perimeter boundary survey, existing and proposed contours, utility lines and drainage.  The motion passed unanimously.
Chairman Chalmers would like to know extent of what the business will be doing.  There will be boat, snowmobile and generator repairs and service and winterization of boats.  Any storage on site is strictly for customer drop-off and pick-up; boats are stored at other locations.  In the winter, nothing is stored on the property because of snow removal.  The hours of operation will be 8 a.m. to 5 p.m. on Monday - Friday, 9 a.m. to 3 p.m. on Saturday and closed on Sunday.  The business will be open year round.  A 4x6, unlit, two sided sign is planned for.  No new lights are being proposed.
Mr. Marquise read a letter from abutter Carol Sullivan, 4 Depot Road.  Ms. Sullivan is concerned with mitigation of hazardous waste and stated it is her only concern.  Mr. Stanley commented that that issue was already addressed.
Ms. Smith asked about employee parking.  Employees and customers will share the allocated seven spaces.  Mr. Jennings asked how many spaces the applicant had at his former location; there was not a clear number defined.
Mr. Schneider asked about the floor in bay; there is a floor drain.  Mr. Schneider was concerned with oil spills.  The applicant reiterated that there is a vacuum container for that purpose which holds twelve courts.  
Chairman Chalmers said she would like to see the trees remain as they provide buffering.  Mr. Gioldassis said the trees would not be cut.
Mr. Schneider said it will be a lot in a small space.  Mr. Landry said there was a lot more with the tractor place.  The property is in the mixed use district.
Motion by Mr. Stanley, seconded by Ms. Smith, to approve site plan for change of use from professional office to boat and engine repair shop and retail sales as presented.
Ms. Davis stated that the original application included auto repairs.  The applicant said he will only be working on his own vehicles.
Motion amended by Mr. Stanley, seconded by Ms. Smith, to add the condition that there be no auto repairs except to company vehicles.
Mr. Schneider wanted to clarify that boat storage would only be for those boats waiting for service or pickup.
The motion passed unanimously.
MAP 218 LOTS 62 AND 63, DAVID AND SHARON MONTAMBEAULT/TOWN OF SUNAPEE, 112 SARGENT ROAD, SUBDIVISION LOT LINE CHANGE AND ANNEXATION.
Mr. Marquise stated that the application was filed in advance, fees were paid, abutters were notified and notices were posted.  It falls under section 6.04 of the subdivision regulations.  Items that could be waived are existing and proposed contours, existing and proposed utilities and stormwater drainage.  With those waivers the application is complete.
Motion by Mr. Jennings, seconded by Mr. Schnieder, to accept the application as complete.  The motion passed unanimously subject to waiving contours, existing and proposed utilities and stormwater drainage.  The motion passed unanimously.
Mr. Simpson, counsel for Mr. and Mrs. Montambeault, stated that the house was built on what the Montambeaults thought was the center of the property.  The subdivision, approved in 1985, had errors.  Mr. Montambeault had approached the former town manager to make sure everything was fine; the town manager indicated there were no problems with where the house was going to be built.  It turns out that the house encroaches on the right of way.  The selectboard was approached about a property trade, as the town owns the adjacent lot, and it was determined that that was not a good solution for the town.  The town suggested reducing right of way to 20 feet for a distance of 200 feet.  A variance was obtained from the zoning board of adjustment last week.  That section of private road (20 x 200) will be annexed to Mr. and Mrs. Montambeault’s lot.  
Fred Gallup commented that it was originally intended to be a private road to serve the two back lots, with a goal of eventually becoming a town road.  It will no longer be a private road, it will be considered a driveway.  There will be a provision that the town will retain a drainage easement.
Mr. Marquise stated he has an issue with it being a driveway as you can have two lots on one driveway but they must have frontage.
Mr. Schneider asked if they intend to deed the 20x200’ piece.  Mr. Gallup commented that the selectboard as a whole was happy with the solution and he did not anticipate a problem with annexation.  
Mr. Marquise clarified that they are taking 20 x 200 strip of the right of way and annexing to Mr. and Mrs. Montambeault’s property.
Motion by Mr. Stanley, seconded by Mr. Jennings, to approve subdivision lot line change and annexation of 20x200 feet piece of property as shown on application, such approval to include reduction of width of private road by 20 feet for the 200 foot length of property to be annexed.
Motion by Mr. Stanley, seconded by Mr. Jennings, to amend the motion to include retain a maintenance easement for entire length excluding the existing house and well as shown on the plan dated Aug. 17, 2010, on the condition that the mylar and deed be filed within one year.  The motion passed unanimously.
MAP 12 LOT 11, SUNAPEE SCHOOL DISTRICT, 68 LOWER MAIN STREET, SITE PLAN REVIEW, CHANGE USE FROM RESIDENTIAL TO PROFESSIONAL OFFICES FOR LOCAL SCHOOL DISTRICT.
Mr. Marquise stated that the application was filed in advance, fees were paid, abutters were notified and notices were posted.  The application falls under Article 5 of the site plan review regulations.  Items which could be waived: fire alarms, sprinklers, hazardous and toxic waste.  State permits have been applied for.
Motion by Mr. Jennings, seconded by Mr. White, to approve the application as complete waiving fire alarms, sprinklers, and hazardous and toxic waste and conditional on the attainment of the necessary state permits.  The motion passed unanimously.
Charlie Hirshberg was present to represent the SAU.  The .97 acre lot has an existing building. An addition is proposed for the future and may not happen at all.  The existing drive will be shifted over and new parking with a wider entry is indicated on the plan.  The existing building is 2700 square feet with proposed addition that will bring the total square footage to 4180 square feet.  Fourteen spaces are allotted for parking, which will be installed in phases.  Drainage calculations are indicated on the plan. The parking area would drain toward road and there are two infiltration areas to right of drive.  There is no increase of runoff to abutting properties.  A sidewalk to the front door is being proposed as well as two pole lights directed downward to direct people to the front door.  A sign is planned for out front.  Additional plantings are indicated on plan and existing trees and shrubbery will remain.  
Mr. Jennings commented that it seems there is no effort to buffer the parking area from the abutting building (Pollari property).  Mr. Hirshberg stated that the Pollari property does not actually share a property line with the SAU property; it butts up to the right of way.  Mr. Jennings asked why there was not a better landscaping plan.  Mr. Hirshberg pointed out the planting which were planned for the front of the property.  Mr. Jennings asked if there were any way to put bushes between the parking area and Lower Main Street or right of way.  Mr. Hirshberg said if it were a requirement that would be accomplished.  He added that an area to push snow was needed and he did not want to block sign.
Mr. Schneider asked how many employees there are at the SAU office.  There are six employees, three of which are part time.  Mr. Carroll commented that other businesses on Lower Main Street do not have buffering.  Chairman Chalmers said that what she is hearing is that shrubs could be planted adjacent to drainage area.
Mr. White asked if there is any reason why parking was situated on that side.  Mr. Hirshberg said the other side of the building is relatively wet.  Mr. Marquise asked if the addition could be relocated and parking brought to the rear of the building.  Mr. Hirshberg stated that there is a section of ledge to the right so the addition would not be placed there.  Chairman Chalmers asked if it was the long term plan to keep the green parking area green.  Mr. Hirshberg said that is not necessarily the case.
Mr. Hirshberg clarified that initially parking spaces 1 through 8 will be installed.  Mr. Landry suggested approving phase one and allowing them to come back for phase two.  Mr. Schneider said he could not understand this large of a facility for six employees.  Mr. Carroll explained that the training center would be for teachers.  Mr. Jennings said he did not feel the board should guess whether they need it or not, but address the application before them.
Ms. Davis suggested the board address the existing building and parking spaces 1 through 8.  Mr. Marquise asked if 8 spaces would be adequate.  Dr. Minnihan said typically 8 spaces would be adequate.  
Mr. White referenced the Master Plan and indicated attention should be paid to how residents would like to see the town evolve.  He thinks the project is an opportunity to lead the way in implementing the suggestions of the Master Plan.
Mr. Hirshberg inquired if the board would like to see buffering along street.  Mr. White felt that would be a good start.
Ted Gallup asked how much power the planning board has to tell people what to do with their own property.  Mr. Jennings said the board is simply talking about things they think would enhance the plan.  
Chairman Chalmers said she would like to see more landscaping than is what is indicated on the plan.  Mr. Carroll said the school district would be happy to come back with a landscaping plan; however, he feels the parking has been looked at extensively and they feel it is the best plan.  He would not like bushes around the front hiding the building and he does not want a root base invading the drainage system.
Mr. Jennings said he felt the plan was complete and well done but would like the plan to be the best it can be.  Mr. Hirshberg suggested some agreement be reached on buffering.  Mr. Marquise asked if the phase two spaces could be north of the ledge.  Mr. Hirshberg said the parking area could be extended further to the ash tree and pick up a couple of extra spaces there.
Mr. Hirshberg suggested going with the first eight spaces for now, which would allow for some plantings.  The board agreed it did not have an issue with the first eight.  Mr. Hirshberg suggested spaces nine and ten be removed to open up an area for buffering, with the idea that those spaces would be moved elsewhere.
Mr. White commented that, as a town facility, the school district should pay more attention to the Master Plan and set that example.  
Mr. Jennings asked if the school district wanted the board to only consider phase one.  Mr. Hirshberg said he would like to look at the whole proposal.  He would like to have a plan for parking for the future phase and wanted to know where the board wanted spaces nine and ten to go.  Mr. White felt Mr. Hirshberg could determine where those spaces were placed.  Mr. Hirshberg asked if the school district would have to come back if the parking spaces are moved.  Dr. Minnihan clarified that additional spaces will not be request, it is just a matter of where those two spaces go.  Mr. Marquise said if it is just a matter of those two spaces, that could be a condition of the approval.  Mr. Hirshberg asked if it would be an issue if the addition ended up being smaller than planned for.  Mr. Marquise responded that if site characteristics are kept, it would not be.
Mr. Schneider asked how many people will be utilizing the training facility; Dr. Minnihan responded about 100-105 people.  Those using it would most likely walk from the schools.
Mr. Marquise suggested the board approve the plan with twelve spaces.  If the teachers plan on walking, he thought it would be good to limit the impact on the site by limiting parking to those that work at the building.  The school district was agreeable to twelve spaces.
Chairman Chalmers asked if there would be any toxic or hazardous waste; there will not.  
Motion by Mr. Jennings, seconded by Mr. Stanley, to approve site plan review to change use from residential to professional offices for local school district with the removal of parking spaces nine and ten and on the condition that the applicant will make a serious effort on buffering.  The motion passed 6-1.    
MAP 130 LOT 34, SUNAPEE SCHOOL DISTRICT, 10 NORTH ROAD, SITE PLAN REVIEW, ADD 16 NEW FLOOD LIGHTS TO SOCCER FIELD ON PARALLEL CROSS ARMS/EXISTING POLES.
The school district is requesting an amendment to their original site plan with the addition of 16 new flood lights on the existing poles.
Doug Gamsby, 54 North Road, said he has attended the last two soccer games and could sit in the middle of the field and read a book.  He feels the light and noise is too much for that time of night.
Tim Fleury, North Road, stated that the school is complying with the conditions previously imposed.  He thought there were some spots on the field that need additional light; however, it is his hope that less than 16 are adequate.
Mr. Tom Frederick stated that a soccer field typically has 36-40 lights; the field currently has 24.  Some areas are well lit and some areas are shadowy.  By adding the 16 lights, vision on the field will be improved.  The corner lights would be angled down if the additional lights are added.  Games are scheduled for 6 p.m. so everyone is on their way out by 8 p.m.
Mr. Schneider asked if they would put all 16 lights in right away or gradually.  Mr. Frederick said they would add them all at once.  Mr. Marquise asked if a lighting study has been done.  Mr. Frederick said they did not hire anyone for that purpose; the lighting company is trying to do it as economically as possible.  The lighting company said 16 more lights will get the field to where it needs to be.
Motion by Mr. Jennings, seconded by Mr. Stanley, to approve the addition of sixteen new flood lights to soccer field on parallel cross arms/existing poles not to exceed 40; all previous conditions are still applicable.  
Mr. Gamsby said trees were taken out when the poles were installed.  He would recommend some landscaping be put there so the houses on North Road have a buffer.  Mr. Jennings said that was discussed originally but realistically landscaping would not cover the light.  Dr. Minnihan said the school district would be happy to look into some sort of buffering.
The motion passed unanimously.
Zoning Amendments: Mr. Marquise passed out discussion points and maps for amendments to the zoning ordinance.  The proposals are:
Sunapee and Georges Mills village districts to be split into village commercial (same as what the village district is today with the same requirements) and village residential (new district, new dimensions, new uses).  In Georges Mills, the residential area would be pushed further up Prospect Hill Road with some rural lands going to residential.  
A new mixed use district with new requirements in the following areas: expanded to the end of Avery Road on the west side and easterly to the intersection of Jobs Creek Road and Route 11, excluding Sunapee Center and including highway garage.  Most of that area is already being used commercially.  
Change the description of lot coverage to read, “That area occupied by a structure or improvement other than landscaping, thereby including parking areas, driveways, tennis courts and the like.  Shall not exceed the percentage allowed within defined districts.  Exception: when parking areas, driveways, tennis courts and the like are covered with a surface material designed to effectively absorb or infiltrate water.  Such coverage cannot exceed more than 20% of the maximum allowed coverage.”  
Sign regulations as recommended by Jeff Taylor, i.e. cutting down sign standards, not allowing neon signs.  
An amendment that would allow the planning board to approve a plan without zoning board approval of any non-conformity.  
Chairman Chalmers would like the board to consider a requirement of an erosion control plan for anything steeper than a 15 percent grade.
The meeting was adjourned at 11:02.
Respectfully submitted,
Katie Richardson


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Peggy Chalmers, Chairman                                Bruce Jennings, Vice-Chairman

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Donna Davis                                             Dan Schneider

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Emma Smith                                              Bob Stanley

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Peter White