TOWN OF SUNAPEE
PLANNING BOARD
NOVEMBER 5, 2009
PRESENT: Peggy Chalmers, Chairman; Allan Davis, Vice Chairman; Bruce Jennings; Robert Stanley; Daniel Schneider; Derek Tatlock, alternate; Emma Smith, ex-officio member; Michael Marquise, Planner; Roger Landry, Zoning Administrator.
ABSENT: Peter White; Nick Kontoes, alternate; Philip Porter, alternate; Frederick Gallup, alternate ex-officio member.
ALSO PRESENT: Philip Mathewson; Martha Field; Glen Field; Margaret Touchette; Raymond Touchette; Pamela Chute; Peter Urbach.
Chairman Chalmers called the meeting to order at 7:04.
Changes to the minutes of October 1: Motion by Mr. Davis, seconded by Ms. Smith to approve the minutes as presented. The motion passed unanimously.
Proposed zoning changes: Mr. Landry apprised the board of his suggested changes to the zoning ordinance: 1) Change mixed use to include 200’ feet deep on all Avery Road lots into mixed use district. This would bring everyone who currently has a business on that road into compliance; Mr. Marquise suggested this recommendation be tabled until the master plan is complete. 2) Article III Section 3.10 - Identify all road front setbacks are measured from center of right of way (recommended by town counsel). 3) Article III Section 3.40 - Change 100,000 square feet to 50,000 square feet, reference Article IV Comprehensive Shoreland Protection Act. This would bring the zoning into compliance with the CSPA; Mr. Marquise pointed
out that this is already covered. Strike this recommendation. 4) Article IV Section 4.33-8-VII - Change may not be raised to (may not be altered more than 12” from existing grade level without planning board approval. 5) Article IV Section 4.30-9 - Permits or waivers as required under RSA 483-B1. Any local approvals for projects within the shoreline overlay district (and within 250’ of fourth order streams) shall be contingent upon receipt of all state approvals. 6) Article 6.12 - Restoration and Reconstruction. A non-conforming structure existing at the time of the passage of this ordinance may be replaced on the same or a smaller footprint by a new structure having the same purpose and use provided that the non-conformity to this ordinance is not increased thereby. 7) Article 6.13 - The replacement of a non-conforming structure with a larger structure or one which increases the
non-conformity to this ordinance (recommended by town counsel). Mr. Landry would also like to expand the definition of a contractors yard to “the area used for storage of materials and equipment by builders, electricians, excavating contractors, etc.” and the definition of lot coverage to “shall include the footprint of all structures including decks, patios, pathways, driveways, etc. using the State of New Hampshire definitions of pervious and impervious surfaces”. Mr. Landry and Mr. Marquise will further confer on these suggestions.
Chairman Chalmers appointed Mr. Tatlock to vote for Mr. White.
MAP 238 LOT 37 – MINOR SUBDIVISION ON LAND OF RAYMOND TOUCHETTE (TOUCHETTE LIVING TRUST), 3 LOT SUBDIVISION, WILDERNESS PARK ROAD.
Mr. Marquise stated that the application is complete as submitted. Motion made by Mr. Davis, seconded by Mr. Stanley to accept the application as complete. The motion passed unanimously.
The two back lots are accessed by Wilderness Park Road, which is a private road. Mr. Marquise read a letter from Road Agent Tony Bergeron which stated that an inspection was conducted on July 29, 2009. Mr. Bergeron determined that the road surface was adequate and the overall width of the road was acceptable as a permanently private road, though it was four feet too narrow at the culvert. The letter indicated that as of October 5, a new culvert was installed and the road widened in that spot.
Chairman Chalmers inquired who owned the triangular piece, which has the appearance of a fourth lot. Mr. Touchette stated that piece was owned in common. Chairman Chalmers stated that the triangular piece must be shown to be part of another lot, not as a separate piece. Mr. Touchette said he had no preference as to which lot the piece was annexed to. He has a fifty foot wide right of way along the southerly property line. Chairman Chalmers said that there are two issues: the definition of the right of way and the ownership of the triangular piece. Mr. Touchette thought it would make sense to continue each lot line down to the boundary line. Mr. Marquise suggested showing the lot lines continued through the triangular piece and dashing in the right of way and
hammerhead. On the survey, the zone should be changed to rural residential and the spelling of the street name corrected.
The case will be continued to the December 3 planning board meeting.
CONTINUED CASE FROM OCTOBER 1: MAP 133 LOT 28 MINOR SUBDIVISION, 15 GARNET STREET, GLEN & MARTHA FIELD.
Mr. & Mrs. Field presented final subdivision plans. Mr. Marquise stated that the application is complete as submitted. Motion made by Mr. Davis, seconded by Mr. Jennings, to accept the application as complete subject to the waiving of contours, utility lines, stormwater drainage and water supply under 6.04 and 6.05B of the subdivision regulations. The motion passed unanimously.
Mr. Marquise stated that the lot is being subdivided in order to annex. A variance was received from the zoning board for lot 1A to be made smaller.
Motion made by Mr. Davis, seconded Mr. Stanley to approve the application.
Mr. Marquise inquired if the surveyor, who is based in Massachusetts, is approved in New Hampshire. Ms. Field stated that the surveyor has stamp for New Hampshire. Mr. Marquise stated that a block is required in the top right hand corner, not the bottom left. A final mylar must be submitted.
Mr. Schneider inquired why the owners were applying for the annexation. Mr. Mathewson stated the Field’s property comes to the back of his house and his propone tank and stairway are currently on their land. They felt it was best to resolve the issue.
The motion passed unanimously.
Workforce Housing: The board reviewed Workforce Housing Final Draft 10/1/09, which was reviewed by town counsel. Per suggestion of town counsel, Article A entitled “Authority” and quoting state statutes was added at the beginning. Under “Open Space Requirements”, town counsel expressed reservation over a requirement that workforce housing be sold and rented at the levels specified by HUD. A requirement that the developer demonstrate to the town that renters are qualified each time the property changes hands was removed. The responsibility is up to the developer to enforce. Under “Incentives”, Mr. Davis suggested putting in an incentive which relates to building size. He would propose that buildings containing up to
ten dwelling units are allowed. Under “Procedure”, town counsel recommended moving item 1 to “General Requirements” and add procedural requirements from the statute in its place. Mr. Davis suggested subdivision and site plan review requirements also be added in that spot. Chairman Chalmers, going back to the preceding page, questioned the rationale of allowing a lot size reduction to 5,000 square feet as an incentive. She would not like to see a deed put on a lot of that size and felt the stated density requirements achieved the goal of workforce housing. Mr. Marquise suggested defining workforce housing as a minimum number of units. He thought it was important to leave the 5,000 square foot incentive in. Chairman Chalmers would like to see cluster housing encouraged. Mr. Marquise stated that the document does encourage cluster housing. Mr. Landry was in agreement with defining a minimum number of
units. Under #1 of “General Requirements”, a workforce housing development shall be defined as consisting of a minimum of ten dwelling units on a single property. The definition of workforce housing multi-family units was specified as containing 5-10 dwelling units. On the first paragraph of the last page, after affordable add “for the purpose of workforce housing”.
The meeting was adjourned at 9:18.
Respectfully submitted,
Katie Richardson
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Peggy Chalmers Allan Davis
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Bruce Jennings Robert Stanley
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Daniel Schneider Derek Tatlock
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