Town of Sunapee
Planning Board Meeting
June 4, 2009
Present: Peggy Chalmers, Chair
Alan Davis, Vice Chair
Bruce Jennings
Robert Stanley
Peter White
Staff: Michael Marquise, Planner
Absent: Dan Schneider
Nick Kontos, Alternate
Derek Tatlock, Alternate
Philip Porter, Alternate
Emma Smith, Ex-Officio
The first item on the agenda was the minutes from May 7.
Line 22 Page one - delete ‘or not’
Line 72 Page two - change ‘doors’ to read ‘stores’
Line 87 Page two - change ‘Durtor’ to read ‘Durfor’
Line 100 Page three - delete ‘that were meant for repairs’
Line 111 Page three - change ‘thirty spaces’ to read ‘would have needed thirty spaces’
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Michael Marquise noted that there were two errors on the agenda: 1) on the first case, (Colby), he thought it said 7:40 and it was actually noted at 8:15; 2) on the Gray case, Roger Landry received a letter today briefly stating “that after many discussions with the family attorney and other abutters, we have decided to completely withdraw our application to subdivide our lot in Sunapee Heights” and that it had to do with the covenants, which were pretty strict up there. It appears that the covenants state that there can only be one house per lot and that implied to him that they could not re-subdivide. He stated that one lot was 4.75 acres and that they could have done three lots out of it, but they were withdrawing their case and it would not be presented.
The first item on the agenda was Van Webb, chairman of the Sunapee Conservation Committee and Upper Valley Planning and Master Planning Review.
Van Webb stated that he was present to introduce Rachel and Peter, who had asked to give a presentation before the Planning Board on amending the Town’s natural resource section of its Master Plan. Peter began by stating that the Town did not have a natural resource section specifically within the Master Plan, but the Master Plan deals with natural resources within many of its existing sections. He said that the Conservation Commission had approached them on their interest in a dedicated element related to Sunapee’s resources and they had been working on that. He went on to say that they had dual clients, the Planning Board and the Conservation Commission. He stated that their purpose was to present to the Planning Board with where they were at
for this point in time and to get some input and feedback so that they could refine some of the different ideas they had in shaping this element of the (Master) Plan. They wanted to make sure they were going in the right direction and see what kind of support the Board would have for these types of policies and goals for the community. Their other purpose in presenting tonight was that they were asked to develop and draft some conservation prioritization criteria that could be used to help determine priorities for obtaining conservation land.
Peter said that they were looking to capture the availability of the unique attributes and resources of the Sunapee area and to protect them, and to look at how development might constrain and impact them. He went on to say that they had developed some goals and themes related to the community‘s natural resources: 1) the desire to concentrate more dense development in the core areas of the community and to preserve the rural areas as more scenic and residential; 2) to preserve the resources that exist; 3) to maintain the remaining unfragmented tracts of land within the community; 4) and to enhance opportunities to use those resources and to protect them. He went on to say that they had identified five opportunities and challenges: 1) partnerships and institutions within the community; 2) land use and
development processes; 3) the seasonal and recreational opportunities; 4) centers of activity i.e. the harbor and recreational types of development; 5) constraining development in the most scenic areas.
He cited the Lake Sunapee Protective Agency and the Sunapee Area Watershed Coalition as obvious agencies that have been around for a long time which were concerned with protecting the lake areas. But one of the things that were not obvious was how, internally within the community, what type of institutional framework exists that allows interaction within that larger environment of the protective agencies. They believe that having a framework within the system(s) would be helpful in identifying and following through on issues that affect the lake(s) and the community. Allan Davis interjected that they had omitted the role of State agencies like DES and Fish and Game in protecting the lake. Peter asked if there was a mechanism in place or a protocol that existed for those types of contingencies (such
as spillage) happening within the local jurisdiction where the State would approach the Town. What type of process would the Town use to address that particular issue? One of the suggestions they had was to create some type of dynamic process within the community that could be used in order to assist with those types of issues.
Another goal they were recommending was having the community considers the formation of a multi-disciplinary team that could address those issues as they arise (and in a quick and timely manner). Peggy Chalmers interjected that one of the push-backs in that area to consider was that there are a lot of people throughout the area who work on committees that do address these issues and they should avoid trying to reinvent the wheel. She asked if the Town needed another group to interface with these other groups that already have people from the Town and suggested that perhaps better coordination with these groups would make more sense. Peter responded that the Town may already have elements that could address issues, but they were suggesting a process that would formalize and institutionalize all the
different groups. Peggy said that it was usually through the Selectmen that issues were handled. Allan Davis said in order to put a process in place a list of natural resources needing protection should be identified. Peter agreed and said that the element was land development and its management. Maintaining rural land and forest cover does a lot for protecting habitat and water quality at no cost to the community. He stated that looking from the prior Master Plan to the current one showed how the Town’s needs were changing, that a 40% change in residential land use was losing the Town about 8% in open spaces within the community.
Peggy Chalmers asked how they defined open space and Peter responded that it would depend on how the Town defined it in the Master Plan. He said it was in idle or undeveloped land areas. Michael Marquise interjected that it would basically be defined as a building envelope, citing as an example a ten acre parcel that would have 8 acres as open space. Peter stated that they were suggesting rehabilitating natural environments, using Perkins Pond as an example which has some phosphorus issues and in turn causing some septic system failures and leach field issues. Another recommendation was to continue supporting conservation efforts that the Conservation Commission is undertaking by purchasing land and easements in order to preserve open spaces and to focus regulations on systems type of approach, but mainly taking
more of an emphasis on post construction development and redevelopment in order to protect shore lands and natural resources (ground water resources). He was asked what a pcs stood for and responded that it meant a potential contamination source. He recommended that the Town consider prohibiting some additional potential contamination sources where there were considerable multiple land uses and reducing the threat to the natural resources in those areas. He stated that it rested within the power of the Planning Board and the Zoning ordinances to control and incorporate these restrictions and prohibitions. He gave examples such as auto body shops, service stations, beauty parlors, and places that use offices or laboratories using certain chemicals.
The next element was relating to siting and design. He said that currently the Town had some low-impact development within the zoning ordinances, one of the more prominent ones being how the Town regulates impervious surfaces. He said that low-impact development was a way to minimize the impact on the environment by using natural processes such as plantings for storm water runoff. One of the goals was the development in these core areas such as the harbor where the Town might consider the parking locations in those areas and how flexible they are to other land uses which don‘t have the same parking demands and thereby minimizing the amount of impervious surfaces that exist.
One of the larger recommendations that they were making was looking at waste disposal and regulating compliance for septic systems and making sure that they are not failing. Although it could involve considerable staffing and management, it was worth the effort and expenditure to keep potential threats to the ground water from occurring. Peggy Chalmers said that the Town handled all of New London’s waste water as well as Sunapee’s and that there was plenty of capacity for expansion of the waste water area.
Peter said that there were two ways that the community could make sure that post construction systems were being maintained: 1) regulating health ordinances and inspections; and 2) covenants that have maintenance staff built into them. The question was asked if the sewer lines are expanded, did the residents have to hook up to it or was it optional and Michael Marquise responded that if a building was within 300 feet of the sewer line, they were required to hook up to it even if they have a good septic system. Another question asked was did the Town have a health ordinance and Michael said that there was a health officer, but he didn’t think there was a separate health ordinance.
Peter stated that another element was the placing of centers of activities and for the Town to consider creating areas of conservation by limiting activities to specific areas and protecting the natural resources. Future land uses can be integrated with the natural resources. He pointed out on the land use map the existing un-fragmented areas and the different growth areas and some of the constraints like steep slopes, aquifers, and wetlands and how those all fit together. They wondered if there was a way to integrate all these elements with the different centers of activity and they developed a concept for a center of activity in the community and recommended that the Town consider how these different areas may be linked together.
He said that one example was the 1966 Master Plan that provided the harbor as a resource and allowed the community to utilize that resource with the result that there is a walking path at the harbor now.
A final element or opportunity that they saw was directing development to the most suitable areas within the community. He said that the current shore line provisions were good because it allowed erosion control and that the Town had some policies in place that focused a way into the core of the community, but the Town needed the opportunity for the community to increase the density development and consider mechanisms to help focus or transfer the development rights towards the core of the harbor or Georges Mills or some of the other focus points of mixed use towards the south. The question was asked what do congruent dimensional requirements mean and Peter responded that it requires the incentive to develop within the Town’s core areas. He said the point of the recommendation was to consider how or with
what mechanisms can growth be encouraged within the community where the availability of land is becoming more challenging. He said that redevelopment in some areas in order to be viable was 40 units per acre, but that might not be applicable for Sunapee, it was just to give an idea of what was happening in other areas. Peter White asked how to balance the preservation of the lake with the density development. Peter responded that it was difficult to answer, that it takes on a different complexion with the restrictions that are in place.
Those are debates and discussions that the community should have. Peggy interjected that it meant building up and that would take away from the look of the village. Bruce Jennings said that there were no trade offs for developers that would put the densities where the Town would really like them to go and asked what incentives the Town could offer. Peter recommended the transfer of development rights division as a way to encourage development. He explained that it meant to take the development rights outside of the rural area of the community and focusing the rights of that development within the core of the community, essentially taking the right of development away from the rural areas or areas that have significant scenic or natural value and focusing through institutional mechanism(s) into the core
of the community.
In summary, there were three overarching recommendations: 1) institutional mechanism for the Town to use in partnership with the multiple jurisdictions around the Town’s most important resources; 2) continue to preserve land in conservation by focusing more on a systems approach and continue to sewer areas where dense development is occurring in sensitive locations; 3) regulations for health ordinance and being proactive in the post construction element of development, looking at enhancing water resources such as buffering wetlands, looking at low-impact development provisions, and putting these provisions within zoning so that they capture all development that occurs within the community.
It was decided that Peter etal would return to have another hour session with the Board for the July Master Plan meeting and that a draft of the recommendations and overview would be emailed to the Board members for their review. Bruce Jennings commented that one of the statements in the presentation was that the greatest threat was in residential development and that he thought it overstated the problem because they build in a good year maybe thirty houses and to call that a great threat was not accurate. Michael Marquise commented on the lid approach and erosion control and storm water the Town already had some of that and to say it with recommendations for sensitive areas, he thought there might be some resistance to that approach if they brought it to every building project. Peter responded that he thought it
had to be around critical areas.
Peggy Chalmers proceeded to the next item on the agenda.
Harriet Colby Map 224 Lot 4
103-101 Sleeper Road
2 lot subdivision
Crystal Vigneault, Harriett Colby’s granddaughter, presented the application for review by the Planning Board. Michael Marquise stated that the application was filed in advance in notice times, the fees were paid and the abutters were notified by certified letters and posted per the requirements. This falls under 6.04 of the Town subdivision regulations and since it is a minor subdivision, it has the availability of using the waivers in 605B. He commented that waiving the boundary survey of the entire parcel, waiving the utility lines, the plans for storm water drainage, and the water supply facilities, and after reviewing this, he believed the application was complete with those waivers.
Allan Davis made a motion to accept the application subject to the waivers that Michael had accepted. Peter White seconded the motion. The MOTION carried UNANIMOUSLY. The application was accepted as complete.
Peggy Chalmers proceeded to the merits. Crystal Vigneault, stated that they needed road frontage and with the cost of putting in a driveway, they could not go too far back. Peggy Chalmers asked if there was any reason for the odd shape. Crystal Vigneault, said yes, eventually her uncle would get the remaining property plus her grandmother’s house, and he didn’t want any of the maple trees to be touched. Michael Marquise stated that he had spoken with Cliff Richard about the survey 4 to 1 ratio and basically it does satisfy that requirement. The shape is a judgment call by the Board, but it suit’s the purpose of setbacks, so he saw no problem with it. Peggy Chalmers asked what the water source was for this parcel. Crystal Vigneault, responded that it would be a well and
presented the final septic plan that she had received from Cliff Richard. She said that the State had come to review it already and had approved it. Michael Marquise stated that it should be noted that any approval would have to be conditional upon receiving the water supply pollution control approval from the State which would send a copy of the approval to the Town offices.
Allan Davis made a motion to approve the application as submitted subject to a condition that the Board receives the State’s water supply and pollution control approval. Robert Stanley seconded the motion. The MOTION was carried UNANIMOUSLY.
Peggy Chalmers gave the floor over to RachelRuppel to continue the presentation from the first agenda item.
Rachel Ruppel stated that there were eight different conservation factors which she based on what the IRS codes considers as a qualified conservation contribution and used that list to match up with what is on the current Master Plan. She asked the Board to rank the eight criteria according to what they thought were the most important ones. Peter White asked what ’features of local and regional significance’ meant and Rachel responded that she didn’t want to lead anyone to what might qualify as that, but Peggy Chalmers interjected that she thought Rachel should direct them somewhat toward what would be considered in that category and that there would be value in discussing it with the Board. Rachel gave an example of the Town of Hanover which has the Appalachian Trail going
through it and stated that recreation is extremely important to the residents. She said that one of the features of local significance for Hanover was the Town’s Class 6 roads, which are heavily traveled and used for recreation. Peggy Chalmers asked if the features around Sunapee could all be applied to different categories such as the Historical Society and Recreation, and would this particular list be a slice that they didn’t need. Bruce Jennings commented that the Harbor would qualify as being in the regional significance category because everyone came from all over to visit and use it. Allan Davis asked how working land could be conserved if it’s working land and the general response was it could stay as agricultural. Rachel stated that because it is usually flat and already cleared, it gets swallowed up pretty quickly.
Peggy Chalmers asked if there was anything on un-fragmented open space besides wildlife habitat and scenic resources. Rachel responded that she had taken it from the land use goals in the Master Plan which was to direct development to the villages and encourages lower density development in the rural areas. Peggy stated that she was having trouble prioritizing the list and that was why she was trying to take out those that were not already incorporated in other things.
Robert Stanley commented that another category should be added, ‘town owned parcels’, to differentiate between town parcels which are protected such as Dewey Woods and town owned parcels.
Allan Davis stated that they needed to distinguish between those conservation aspects and recreational aspects and the links between them.
Bruce Jennings said that he thought the demographic orientation has changed.
Allan Davis said that the Town had trouble envisioning anything coming into the Harbor due to the fact that it is a four month market. Peggy Chalmers added that it is also a geographic challenge because of all the hills in Sunapee. Bruce Jennings asked what would be the number of people that they would need to have living here and coming here to support the businesses that the Town would like to see in Sunapee.
Peter White commented that Jeff Taylor was very enthusiastic about having the Town Library down by the Harbor because it would bring some vitality to the village and possibly bring other business to the harbor area. He said that there had been a lot of thought given to it to bring some activity to the area during the off season.
Bruce Jennings said that the Board has done quite a lot to build corridors and buffer zones especially along Route 11 and they are proud of the fact that from Wendell to Georges Mills, the drive is like going through a park. They try to focus people back into the village and lately with the work that the Riverview has done in the Harbor, the Town has come to recognize the significance of the Sugar River and the Board is working to encourage development along it.
Peter White added that when Route 11 was put in, it really separated the village, physically and in many other ways. He said that they needed to embrace the river and Route 11 and make them part of the Town by making Route 11 safe and pedestrian friendly.
Robert Stanley suggested that the Town apply for a waiver from the Shoreline Protection Act to adopt that piece of the shoreline where the Library should be built. He thought that would make a lot of sense for the Town of Sunapee to do that so it could increase the density of those lots. Peggy Chalmers said that they should check into that.
Michael Marquise said that the first step would be to ask somebody if the aerial overlay of the district meets what has been done in the past. He went on to say that, because there is a lot of green in these areas, they may be reluctant to give the Town a waiver.
Peggy Chalmers asked if the Board wanted to go ahead with the proposal and everyone agreed that they should.
Michael Marquise said that anyone not receiving meeting minutes should see Barbara and get signed up so that they could have the minutes sent automatically. He said that the agendas do not go out automatically, but could be accessed on the website. He also said that at the next Master Plan meeting he wanted to spend time on the mapping. He had made maps with overlays that he will bring to the meeting, but also summarized the five major areas that the Board is changing in the proposed land use. He asked the Board members to look at those five areas and think about them. He said that he would try to identify those lots that will be non-conforming after the changes are made. He hoped to have a whole packet with the revisions that he has already done and a draft form of the Master Plan ready in 4to 6 weeks
to give to the Board members.
Allan Davis said that one of the things that didn’t get decided was whether or not to have the consultants do a chapter or an addendum. Michael responded that they would be doing a chapter on natural resources and an addendum of the natural resources inventory that would go in the back as an appendix.
The meeting adjourned at 9:15 p.m.
Respectfully submitted,
Camille Holmes Approved _______________
Recording Secretary
____________________________ ________________________
Peggy Chalmers, Chairman Allan Davis, Vice Chairman
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Bruce Jennings Derek Tatlock
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Philip Porter Peter White
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Emma M. Smith, Ex-officio Frederick Gallup, Alt. Ex-officio
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Robert Stanley Daniel Schneider
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