TOWN OF SUNAPEE
PLANNING BOARD
September 1, 2009
Present: Peggy Chalmers, Chairman; Allan Davis; Bruce Jennings; Daniel Schneider; Peter White; Philip Porter, Alternate; Derek Tatlock, Alternate; Roger Landry, zoning administrator.
Also present: Brian Allen; John Chiarella; Bob Thompson; Artie & Lena Osborne; Art Zerbel; Ken & Arlene Adams; Rodney Gagne.
Absent: Robert Stanley; Nick Kontoes, Alternate; Phil Porter, Alternate; Emma Smith, ex-officio member; Fred Gallup, ex-officio alternate; Michael Marquise, town planner.
Chairman Chalmers opened the meeting at 7:03.
Review of minutes from June 18: no changes. Motion by Mr. Jennings, seconded by Mr. Tatlock to approve the minutes of June 18. The minutes were approved unanimously.
Review of minutes from August 6: Motion by Mr. White, seconded by Mr. Schneider to approve the minutes of August 6. The minutes were approved unanimously.
Mr. Landry updated board on building permits. Year to date building permits are 112, within 6 of last year. The dollar value of the building permits is down; last year there were 13 building permits for houses over $1 million, this year there is only 1 to date. Outstanding violations have been remedied.
Mr. White inquired if Bob Bell’s retaining wall off of Route 11 meets the setback of off the state right of way. The setback is 75 feet from the center of the right of way; Bell is in compliance of the setback.
Chairman Chalmers appointed Mr. Tatlock to vote for Mr. Stanley.
MAP 138 LOT 37 – NH #1 Rural Cellular Inc. c/o KSK Wireless, addition to existing wireless tower and ground accessory structures. Myrtle Wiggins, 15A Stagecoach Lane, site plan review.
Mr. White recused himself from the case as he is an abutter. Mr. Landry stated the application is complete. Motion made by Mr. Davis, seconded by Mr. Tatlock to accept the application as complete. The motion carried unanimously.
Mr. Allen explained the site plan drawing. The tower already accomodates Verizon and AT&T. KSK Wireless would be the third carrier; the tower is able to accommodate four companies. KSK is proposing a 12x20 shelter and generator within the fenced-in area and a propane tank outside of the fence area. The fenced in area is 50x50, so there is room for the propane tank within the 100x100 area approved for the site.
Mr. Landry stated that the fire department would like a gate with a notch box. Mr. Allen will have the appropriate person from Verizon contact Mr. Landry to make certain that happens.
Motion made by Mr. Davis, seconded by Mr. Tatlock, to approve the application as submitted. The motion passed unanimously.
MAP 211 LOT 10 – NH #1 Rural Cellular Inc. c/o KSK Wireless, addition to existing wireless tower and ground accessory structures. Margaret Dunbar, 1103 Route 11, site plan review.
Mr. Landry stated that the application is complete. Motion made by Mr. Davis, seconded by Mr. Schneider, to accept the application as complete. The motion passed unanimously.
Mr. Allen stated that KSK Wireless will be the second carrier on the tower. KSK is proposing a 20x12 shelter and a propane tank outside of the 50x50 fenced in area. The issue of the notch box will be addressed through the Verizon representative.
Motion made by Mr. Davis, seconded by Mr. Schneider, to approve the application as submitted. The motion passed unanimously.
MAP 138 LOT 48 – Minor subdivision/annexation, estate of Raymond Teague Sr., 2 lot subdivision, 102 Edgemont Road.
Mr. Landry stated the application is complete. He informed the board that the executor of the estate sent a letter requesting a postponement of the case to October 1, 2009. The case will be continued to October 1.
MAP 129 LOT 73 – Sonya Land Investments Ltd., 18 Central Street, changing use from residential to residential and real estate office as permitted in village district, site plan review.
Mr. Landry stated the Mr. Marquise had reviewed the application. All green cards were returned, however Mr. Landry said the application is considered incomplete. The ad in the paper stated the property would be a real estate business. The applicant then informed the town that it would not be a real estate business, but would be used for professional purposes. Mr. Landry said the application needed to be more definitive as to what the professional use would be as it was necessary to ascertain how many people would be in and out in the course of the day.
Also, the designated square footage for each use is not included in the application, the proposed landscaping plan is missing and the drainage calculations for the French drain were omitted. Mr. Landry stated that based on those items, the application is incomplete.
Mr Jennings inquired if the items were intentionally omitted. Mr. Chiarella asked if this was a consultation. The board informed him that this was a site plan review, not a consultation. Mr. Chiarella said there is nothing he has seen that says he has to clarify what the specific use of the space will be.
Mr. Davis suggested that the applicant withdraw the application and come in for a consultation. Mr. Chiarella stated he would withdraw the application and use this time as a consultation. His sticking point is the specific use; he will take care of the other omitted items. Mr. Landry explained that the property usage must be clarified in order to determine the traffic impact on the neighborhood.
Mr. White asked if this application differed significantly from the last application for the same property. Mr. Landry said it is a completely different plan. Mr. White pointed out that if it were not substantially different, it is not a viable re-application.
Mr. Ken Adams, abutter, stated that the original application was for multi-use. Chairman Chalmers pointed out that it was later modified. Mr. Davis clarified that the residential space was added in to this application.
Mr. Schneider asked what the current use is. Mr. Chiarella said it is rented as a residential unit.
Ms. Arlene Adams, abutter, said the first application was originally to have residential and office space, then changed to just office space. She said it was turned down as a business use because of safety, impact on community and too large an impact on the space. She felt that going from one use to two uses would only exacerbate those issues. Ms. Chalmers said it was turned down due to intensity of use. Mr. Adams read from the minutes the three reasons the application was turned down: too great impact on the site, too great an impact on the neighborhood and traffic and safety concerns. Mr. Adams felt that none of those reasons had changed.
Mr. Rodney Gagne said the application is significant changed, for the worse. Mr. Gagne was informed that until the application is accepted as complete the board will not discuss the merits.
Mr. Artie Osborne, Garnet Street, said he felt that if the applicant comes in often enough the board will give him what he wants.
Mr. Schneider asked if the board can look at the old plan. Mr. Adams wondered how the board can determine if the new plan is significantly differently if they do not look at the old one. Mr. Jennings explained that Mr. Marquise has looked at both plans and made that determination.
The application was withdrawn.
Motion to adjourn by Mr. Davis at 8:09.
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Peggy Chalmers Allan Davis
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Bruce Jennings Daniel Schneider
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Peter White
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