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Planning Board Minutes 2010/10/07
TOWN OF SUNAPEE
PLANNING BOARD
OCTOBER 7, 2010

PRESENT: Peggy Chalmers, Chairman; Bruce Jennings, Vice-Chairman; Donna Davis; Robert Stanley; Peter White; Emma Smith, Ex-Officio Member; Michael Marquise, Town Planner.
ALSO PRESENT: Mary O’Mara; Dave Bailey; Samantha Bailey; John and Nancy Cross; Barbara Cross; Linda Whipple; Ed Broom; Steve Jesseman; Dave Thibault; Jennifer McCourt.
ABSENT: Daniel Schneider.
Chairman Chalmers called the meeting at 7 p.m.
Changes to the minutes of Sept. 16:  Line 51, put a period after oil spillage then “The applicant stated there is none.”  Add “into an attached container” after out of block.  Line 75, change to twelve quarts. Line 109, change “drainage easement” to “maintenance easement”.  Line 121, put a comma after well.  Line 138, insert “the” prior to right of drive.  Line 157, change “green” to “grass”.  Line 182, insert “of phase two” after nine and ten.  Line 192, change “request” to “requested”.  Line 247, add “if there is no increase in non-conformity”.  Motion by Mr. Stanley, seconded by Ms. Smith, to approve the minutes as amended.  The motion passed unanimously.
Administrative Matters: Mr. Marquise stated that he received a notice from the Town of Newbury, which is reviewing a 34 unit senior housing facility on Newbury Heights Road.  The letter was sent because the project has been deemed a regional impact.  The next meeting on the proposal is on Oct. 19 at 8 p.m. at Newbury Town Office.
Mr. Marquise wanted the board to be aware of new laws that have been passed.  An alternate may now always participate as a non-voting member in any hearing.  The workforce housing statute allows a town to implement covenants to make sure the dwellings remain affordable housing.  A board cannot hold an application as incomplete if it lacks state approval; lack of state approval may be made a condition but not an item for completeness.
Mr. Jennings commented on last month’s hearing on the additional lights at Alexander Field.  In driving up North Road and found them to be blinding and suggested that perhaps the next time such lights are addressed, the board could be aware of that potential issue.
MAP 131 LOT 37, MINOR SUBDIVISION REVIEW, 2 LOT SUBDIVISION FOR REVIEW WITH A COMMON DRIVEWAY, JOHN AND NANCY CROSS, LOWER WINN HILL ROAD.
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 6.04 of the subdivision regulations.  It qualifies for waivers under 6.05.  Items which may be waived are: existing and proposed contours, existing and proposed utilities and plans for stormwater drainage.  If those items are waived, the application is complete.
Motion by Mr. Jennings, seconded by Ms. Davis, to accept the application as complete subject to the waiving of existing and proposed contours, existing and proposed utilities and plans for stormwater drainage.  The motion passed unanimously.
Doug Gamsby, CLD Engineers, represented the applicant.  The Crosses came before the board last fall for a merger of three lots into one lot.  A month later, those three were merged with lot 37.  Now they would like to separate out the lot on which the new house was built.  There is lot frontage on Route 11 and driveway access through a right of way.  
Mr. Marquise asked about sewer and water service.  He felt there should be a utility easement.  Mr. Gamsby said that would be possible.  Mr. Jennings asked if town water and sewer would be required.  It would be because there is no septic permit.
Mr. Marquise asked Mr. Gamsby to comment on the extent of the flood plain.  Mr. Gamsby said the lot rises fairly quickly and indicated on the map what area was buildable.
Felicia Bessey asked if the plan differed from the annexation plan that is on record now and asked where the potential building area is; Mr. Gamsby indicated on the map.
Mr. Jennings pointed out for future reference that a 25 foot vegetative buffer must be maintained along Route 11.  
Motion by Mr. White, seconded by Ms. Davis, to approve minor subdivision Map 131 Lot 37, John and Nancy Cross, Lower Winn Hill Road on the condition that an easement for utilities across lot 37 is completed and shown on the mylar.  The motion passed unanimously.
MAP 129 LOT 15, SITE PLAN REVIEW, OPEN AND OPERATE A DAYCARE FACILITY, EDWARD BAILEY, 46 LOWER MAIN STREET.
Mr. Marquise stated that the application was filed in advance, fees were paid, notices were posted and abutters were notified.  The application falls under Article 5 subsection B of the site plan requirements.  Missing from the plan are setbacks shown from neighboring properties, an estimated number of children and days and hours of operation.
Motion by Mr. Jennings, seconded by Mr. Stanley, to accept the application as complete subject to discussion of number of children, days and hours of operation and distances and setbacks to neighboring property.  The motion passed unanimously.
Samantha Bailey stated that she will run the daycare from 7:30 a.m. to 5:30 p.m., Monday through Friday.  Her plan is to complete the daycare in two phases.  She is moving her business from Trask Brook Road to 46 Lower Main Street.  The space she will be using initially has been used as storage; she will be putting in a drop ceiling and a wall.  She will add an infant/toddler room at some point.  There are six apartments in the building.  In terms of parking, 11 spots are needed for the apartments.  Mr. Jennings asked if it is a contracting yard; Dave Bailey responded that Ed Bailey runs his electrical business out of a garage in the back.  Ms. Bailey said there will be three employees for her business.  For Mr. Bailey’s business there are two employees that come and park for the day.  Sixteen spaces are required; seventeen are indicated on the plan.
Chairman Chalmers asked if the plan was addressed with fire department.  Ms. Bailey said she has spoken to Chief Ruggles and he will inspect the space when it is finished.  Mr. Stanley asked if a second exit is required; Ms. Bailey said there are two exits.
Chairman Chalmers asked how many children would be attending; Ms. Bailey said she can have a maximum of 12 kids in the large room and 6 in the small room according to state standards, for a total of 18 maximum.  She has four or five in her preschool during the day; after school there would be more children.  No children will be there past 5:30 p.m.
Chairman Chalmers asked how far the outdoor play area is from the neighbor.  Mr. Bailey said about 150 feet.  Chairman Chalmers asked if the restrooms meet state requirements; Ms. Bailey said yes, the state requires one restroom per twenty children.
Mr. White asked about signage.  Ms. Bailey said she would like a sign with name of the apartments, name of the electrical business and name of the daycare.  Mr. White asked if it would be lit at night.  Mr. Bailey said yes.  Mr. White stated that the sign permit goes through the selectboard.  Chairman Chalmers suggested a condition that the sign be downlit.  She also suggested adding daycare days and hours of operation, number of children and a requirement of fire department inspection as additional conditions.
Motion by Mr. Stanley, seconded by Mr. White, to approve site plan review to open and operate a day care facility for Edward Bailey, 46 Lower Main Street on the following conditions: that the sign be downlit, the fire department signoff on the plan, there be a maximum of 18 children and days and hours of operation of day care facility be added to the plan.  The motion passed unanimously.
MAP 215 LOT 34, SITE PLAN REVIEW, OPEN AND OPERATE A REAL ESTATE OFFICE, LINDA WHIPPLE, 39 SUNNY LANE.
Mr. Marquise stated that the application falls under Article 5 of site plan regulations.  The application was filed in advance, fees were paid, notices were posted and abutters were notified.  Outdoor lighting, signs, days and hours of operation and fire sign off would be items for discussion.
Chairman Chalmers asked if there is room in front of house for parking.  Ms. Whipple stated there was room down at the turnaround.  In front of the garage there is room for two cars and behind the house two more cars.  Mr. Jennings asked if Ms. Whipple would have a sign.  She stated she would like one at bottom of the driveway.
Motion by Mr. Jennings, seconded by Ms. Smith, to accept the application as complete with the following items subject to discussion: outdoor lighting, signage, days and hours of operation and fire department and police signoffs.  The motion passed unanimously.
Chairman asked if there is any outdoor lighting.  Ms. Whipple said there are motion lights on the house but she is not added any additional lighting.  Hours of operation will be 9 a.m. to 5 p.m., Monday through Friday and by appointment on weekends.  Ms. Whipple said most of the time she meets clients off-site.  The sign at the bottom of the driveway will not be lit.  Chairman Chalmers asked how many lights are on the house.  Ms. Whipple stated there are eight lights.
Mr. Jennings asked the name of the company; Ms. Whipple stated it will be Linda Whipple Real Estate.  Ms. Smith asked about employees; Ms. Whipple said one or two in the future.
Motion by Mr. Jennings, seconded by Mr. Stanley, to approve site plan review to open and operate a real estate office, Linda Whipple, 39 Sunny Lane, subject to the following conditions: adding hours of operation of 9 a.m. to 5 p.m. seven days a week, the sign at the end of the drive will not be lit, maximum of two employees, subject to fire and police signoff and identifying the existing lights on the plan.  The motion passed unanimously.
CONSULTATION, MARY O’MARA
Mary O’Mara was approved last year for a child care facility on Route 103B.  She said the state suggested she put in an application for night care; the fire department and health inspector have visited and given approval.  She would like to know if a statement of property useage would be acceptable for an extension of hours.  Chairman Chalmers asked if there would be any additional lighting.  Ms. O’Mara said there would not.  Ms. Davis asked if people would be coming and going in the evening.  Ms. O’Mara said there is one parent who may come in the evening.  She is approved for nine children.  She does not have neighbors very close; Oak Ledge is across the street and her landlord is her abutter on the other sides.  Mr. Stanley asked what the specific hours are.  Ms. O’Mara said she is approved for 6 a.m. to 6 p.m.; she would like 24 hour a day approval.  Ms. O’Mara said she understood the zoning board will need to sign off for her to have night hours.  
Motion by Mr. Stanley, seconded by Mr. White, to accept a statement of property usage to extend the hours of operation for daycare facility located on Route 103B to 24 hours a day.  The motion passed unanimously.
CONSULTATION, MOUNT ROYAL ACADEMY.
Steve Jesseman, representing the Broom Family Foundation, his partner Jennifer McCourt, Ed Broom and Dave Thibeault present for a consultation regarding Mount Royal Academy on Seven Hearths Lane.
Mr. Broom stated that the short term plan is to construct a gymnasium with specialty rooms.  The plan over the next two years is to include a new building for the high school since enrollment is growing.  The plan right now is to begin construction on the gym in the spring and have it operational by the fall.  Eventually the Seven Hearths Inn will be torn down.  The new building will be a total of 13000 and will be similar in style and construction to the existing lower school.  They would like to come to a hearing in December with the proposal.
Mr. Jennings asked if there would be visiting busses coming in for games and, if so, where would they park?  Mr. Thibeault said the 14-15 passenger busses fit in the regular spots and indicated on the plan where the large buses park.  Mr. Jennings asked if there would be vehicles parked along Seven Hearths Lane if there are games.  Mr. Thibeault said currently there is no street parking for games.  Mr. Broom stated that the schools Mount Royal plays are of similar size so the turnout is not large.  Mr. Jennings asked if there would be lights on the field; Mr. Thibeault indicated there would not be.  
Chairman Chalmers asked how parking would be in the winter; Mr. Jesseman stated that the school keeps up with snow removal and does not feel it is an issue.  
Mr. Jennings said he liked the fact that the field is a buffer from the neighbors.  Chairman Chalmers asked how many students are there currently; Mr. Thibeault said there are 98.  Mr. Jennings commented that the gym is an amenity, not something that will bump up enrollment.
Mr. Jesseman stated they do not have a current boundary survey and asked if the board would waive the requirement for a boundary survey.  Mr. Marquise said there is probably one on file.  The plan is not close to exceeding lot coverage and the proposed building is well away from setback.
Miscellaneous: Chairman Chalmers informed the board of a watershed infrastructure project being run by NOAA.  They would like to come before the planning board to present their findings either in November or early December.  It was determined that the first meeting of December would be a good date.
Mr. White brought up the Board of Selectmen minutes from Sept. 20, which indicated that Selectman Steve White expressed his feeling that the planning board is not making good decisions.  Mr. White was taken aback that that would be brought up at a Selectmans meeting.  The implication is that the planning board is not being even handed in its decision making and Mr. White felt that Selectman White’s comments were not helpful.
The meeting was adjourned at 9:00.
Respectfully submitted,
Katie Richardson


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Peggy Chalmers Chairman                         Bruce Jennings, Vice-Chairman


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Donna Davis                                             Robert Stanley


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Peter White                                              Emma Smith, ex-officio member