TOWN OF SUNAPEE
PLANNING BOARD
DECEMBER 16, 2010
PRESENT: Peggy Chalmers, Chairman; Bruce Jennings, Vice Chairman; Donna Davis-Larrow; Dan Schneider; Bob Stanley; Peter White; Emma Smith, ex-officio member; Michael Marquise, Planner.
ABSENT: None.
ALSO PRESENT: Charlotte Brown; Clayton Platt.
Chairman Chalmers called the meeting to order at 7:03 p.m.
Changes to the minutes of Nov. 16: Add Peter White as present. Motion by Mr. White, seconded by Mr. Stanley, to approve the minutes as amended. The motion passed unanimously with one abstention.
Administrative matters: Mr. Marquise reported that Mr. Landry inspected the Sonya property on Central Street on Dec. 9. The condition requiring double planting of trees has been completed (height and spacing were not specified in the motion). Mr. Landry determined that the property owner has met his obligation on that condition. Mr. Jennings was concerned that the plantings do not cover the entire area which they were supposed to. Mr. White felt that in the future a drawing might be appropriate to better convey what is expected. Ms. Davis-Larrow suggested applying the language in the site plan regulations relative to plantings in parking lots. Mr. Jennings suggested specifying height requirements in the motion.
Public hearing on proposed zoning amendments:
Amendment #1 – Amend Article II, Section 2.10 – Zoning Map and Description of Districts, Article II, Section 2.30 – District Purpose and Description – Village District & Article III, Section 3.10 – Table of Dimensional Control, to redefine the Village District and portions of the Residential District (in both Sunapee Village and Georges Mills) as two new districts to be known as the Village-Residential District and the Village-Commercial District.
Ms. Brown asked if the shoreline lot coverage in the village commercial district is 60 percent. Mr. Marquise stated that it would be going from 80 to 60 percent coverage off the lake and 60 to 30 percent coverage on the lake. Chairman Chalmers pointed out that state regulations must be followed.
Ms. Brown suggested having maps available at the deliberative session in order to make it easier to understand the areas referenced. She also felt a clarification of village commercial and village residential would be helpful.
Motion by Mr. Stanley, seconded by Mr. Jennings, to move Amendment #1 to the town warrant as written. The motion passed unanimously.
Amendment #2 – Amend Article II, Section 2.10 – Zoning Map and Description of Districts, Amend Article II, Section 2.30 – District Purpose and Description & Article III, Section 3.10 – Table of Dimensional Controls, to create a new Mixed Use II District in the area of Avery Road.
Motion by Mr. Schneider, seconded by Mr. White, to move Amendment #2 to the town warrant as written. The motion passed unanimously.
Amendment #3 – Amend Article III, Section 3.40(n) – Additional Requirements – to require that an erosion control plan be prepared by a licensed engineer where new construction exceeding 1000 square feet occurs on slopes greater than 15%.
Mr. Schneider asked if there were state requirements for best management practices. Mr. Marquise stated there are. Mr. Jennings wanted to clarify that an erosion control plan is not needed if there are slopes greater than 15% on the property which are not being built upon. Mr. White asked if this amendment would require a temporary or permanent erosion control plan. Mr. Marquise said it would be a plan to stabilize the property while the land is being disturbed. Chairman Chalmers said she was thinking of more permanent measures. Mr. Marquise felt that permanent measures set a whole other threshold of review and expense. He would suggest that, in future, the board consider sites with a certain amount of lot coverage be required to have permanent measures.
Mr. White asked if there would be a town approval process. Mr. Marquise said no, the engineer would be assumed to be working within their license.
Mr. Platt asked if the amendment applied to any 15 percent slope. Chairman Chalmers said it is 1000 square feet of land disturbance on a 15 percent slope. Mr. Platt asked if that was cumulative land disturbance; Mr. Marquise said yes. Mr. Marquise reminded the board that this refers to single family home sites. Mr. Platt asked if there were problems with single family homes sites that prompted this amendment. Chairman Chalmers said there have been complaints over the years regarding runoff. Mr. Schneider said there have been problems with homes on the lake. Mr. Platt commented that the CSPA requires an erosion control plan within the 250 foot setback. Mr. Platt felt 15 percent is not a very steep slope and to hire an engineer would cost thousands of
dollars and would be a burden on the homeowner. He felt the areas of concern are already covered by the CSPA. Mr. White said some areas of concern were outside of the 250 foot lakefront setback.
Mr. Marquise commented that originally there was not a square footage threshold and the board added in the 1000 square feet, which is open for discussion. Mr. Platt said in regard to driveways, a 50 foot driveway would require an engineer. Mr. Jennings asked what Mr. Platt would like to see in this amendment. Mr. Platt said he felt it would be a burdensome regulation and does not like the amendment. Chairman Chalmers said she did not think it would as costly as Mr. Platt indicated. Mr. Platt said it would be unusual to get an engineer for less than $1000; Mr. Marquise agreed. Mr. Schneider commented that there is then the cost of implementing the plan.
Mr. Schneider thought 1000 square feet might be too small a threshold. Mr. White suggested taking out the requirement for a licensed engineer and allowing the applicant to draw up a plan. Mr. Marquise suggested: “Amend Article III, Section 3.40(n) – Additional Requirements - to require that an erosion control plan must be prepared per the specifications in Section 4.33 (B)(8)(a)(I) and submitted to the zoning administrator where new construction exceeding 1000 square feet occurs on slopes greater than 15 percent”.
Motion by Mr. Schneider, seconded by Mr. White, to change section 3.40(n) to: “An erosion control plan per the specifications in Section 4.33 (B)(8)(a)(I) must be submitted to the zoning administrator prior to any new construction exceeding 1000 feet of land disturbance occurring on slopes greater than 15 percent. An erosion control plan prepared by a licensed professional engineer must be submitted to the zoning administrator prior to any land clearing of 100,000 square feet.” The motion passed unanimously.
Motion by Mr. Stanley, seconded by Mr. White, to move Amendment #3 as amended to the town warrant. The motion passed unanimously.
Amendment #4 – Amend Article V, Section 5.31 – Sign Regulations, to require that any sign within the Village-Commercial or Village-Residential Districts are limited to 24 square feet per side and the total signage may not exceed 48 square feet on the lot.
Motion by Mr. Schneider, seconded by Mr. Stanley, to move Amendment #4 to the town warrant as written. The motion passed unanimously.
Amendment #5 – Amend Article V – Section 5.33 – Sign Regulations, by adding a restriction that signs may not be neon or internally lit.
Mr. Jennings asked if interior neon signs hung in a window are permitted. Mr. Marquise said if it is in the window and is visible from a right of way, it would fall under this amendment.
Motion by Mr. Stanley, seconded by Mr. White, to move Amendment #5 to the town warrant as written. The motion passed unanimously.
Amendment #6 – Amend Article VI – Non-Conforming Structures, Lots – by adding a new Section 6.40 which will allow the Planning Board to approve a subdivision/lot line adjustment for non-conforming lots provided that the new lot size and dimensions do not have a greater non-conformity than existing.
Motion by Mr. Jennings, seconded by Mr. Stanley, to move Amendment #6 to the town warrant as written. The motion passed unanimously.
Amendment #7 – Amend Article XI – Definitions – by adding a new definition entitled “Coverage, Shoreline, Overlay District” which will allow the use of pervious materials for ground coverage that will not count in the overall lot coverage calculations in the Shoreline Overlay District provided that the total lot coverage of pervious and impervious materials does not exceed the allowable coverage in the non-overlayed portions of each district.
Chairman Chalmers read a letter from June Fichter of LSPA stating that, unless maintained, the effectiveness of pervious material could be in doubt. Chairman Chalmers suggested something stating the owner is responsible for maintenance.
Ms. Brown was concerned that the last sentence would allow for all impervious materials on a lot. Mr. Marquise pointed out that the first sentence defines 60 percent lot coverage. In order to go from 60 to 80 percent, only pervious materials may be used. Ms. Brown commented that the beauty of the lakefront is disappearing and she is concerned that 80 percent lot coverage is allowed. Mr. Marquise pointed out that only a handful of lots which would qualify for 80 percent coverage.
Motion by Ms. Davis-Larrow, seconded by Mr. Schneider, to move Amendment #7 to the town warrant amended as follows: “Lot coverage in the Shoreline Overlay District is the area occupied by a structure or improvement other than landscaping, thereby including parking areas, driveways, tennis courts and the like. Pervious materials as allowed by New Hampshire DES may be used for improvements and the use of such materials will not count in the overall lot coverage calculations provided that the total lot coverage of pervious and impervious materials does not exceed the allowable coverage in the non-overlayed portions of each district. The pervious characteristics of the materials must be maintained by the property owner.” The motion passed unanimously.
The meeting was adjourned at 9:17.
Respectfully submitted,
Katie Richardson
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Peggy Chalmers, Chairman Bruce Jennings, Vice Chairman
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Donna Davis-Larrow Dan Schneider
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Bob Stanley Peter White
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Emma Smith, ex-officio member
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