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Planning Board Minutes 2009/11/19
TOWN OF SUNAPEE
PLANNING BOARD
NOVEMBER 19, 2009

PRESENT: Peggy Chalmers, Chairman; Allan Davis, Vice Chairman; Bruce Jennings; Robert Stanley; Peter White; Derek Tatlock, alternate; Emma Smith, ex-officio; Michael Marquise, Town Planner.
ALSO PRESENT: Van Webb, conservation commission; Tim Fleury, conservation commission.
ABSENT: Daniel Schneider; Nick Kontoes, alternate; Philip Porter, alternate.
Chairman Chalmers called the meeting to order at 7:04.
Chairman Chalmers appointed Mr. Tatlock to vote for Mr. Schnieder.
MAP 129 LOT 74 J& F Realty, Soo-Nipi Plaza, Route 11, amendment of statement of property usage for a sewing business.  A statement of property usage was previously approved without a provision for sewing lessons.  The proprietor would like to offer sewing lessons for up to 5 people at a time.  Lessons will be offered to children after school and adults on Wednesdays and Saturdays.  The hours of operation will be extended to 8 p.m.  Motion made by Mr. Davis, seconded by Mr. Tatlock, to approve the amended statement of property usage.  The motion passed unanimously.
MAP 132 LOT 42, 43, 44; MAP 131 LOT 37 John & Nancy Cross, 11 Lower Winn Hill Road, merger of lots 42, 43, 44 and 37.  Lots 42, 43 and 44 were merged previously.  The zoning board denied an area variance to build on that newly merged lot.  The Crosses would like to merge the previously merged lot with lot 37, which they also own.  Motion made by Mr. Davis, seconded by Mr. Stanley, to approve the merger of lots 42, 43, 44 and 37.  The motion passed unanimously.
Mapping:  Mr. Webb said that when the conservation commission was working on the mapping, it referenced a survey sent out to town residents which indicated that the village character and small town feel should be preserved.  Mr. Webb said the conservation commission also referred to the maps prepared in September of 2008.  North part of town:  Preserving Perkins Pond and Ledge Pond is important.  Water quality, wildlife habitat, steep slopes and unfragmented tracts are primary features of this area.  Western/middle part of town: Again, there is much unfragmented land, wildlife habitat, and undeveloped properties.  Wendell Marsh falls in this region.  Mr. Webb thought the areas indicated equaled about 40-50% of the total acreage in town.  He said the Society for the Protection of New Hampshire Forests recommends about 25% of a town’s land be conserved.  The conservation commission thought it would be good to target 40-50% and work toward the recommended 25%.  Currently, 12% of Sunapee is in conservation.  There will be a warrant article on the 2010 ballot to put the Ledge Pond lot in conservation.  The Dewey Woods lot, Gordon Wildlife Management  and the Tyler Bartlett lot are already in conservation.  Mr. Webb said the analysis was based on the N.R.I. which was completed a year ago.  Mr. Webb clarified that what is targeted for conservation is not necessarily where conservation will take place.  The conservation commission would like to have the option to financially assist property owners who seek to put their land in conservation.  Mr. Davis said right now it is the board’s goal to determine whether the areas targeted are appropriate for planning purposes.  Mr. Marquise would like to see Upper Valley’s numbers on what percentage these areas add up to, keeping in mind the fact that 50% of the town’s land area must be available for workforce housing.  Mr. Webb will speak to Upper Valley about the percentages.
Motion made by Mr. Stanley, seconded by Mr. Davis to approve the future land use map, including the conservation commission overlay, subject to the verification that at least 50% of the land is available for workforce housing.  The motion passed unanimously.
Natural Resources Section:  Mr. Marquise clarified that the annotated version of the Natural Resources section would be in the master plan itself, with the full version in a separate document.  The section to go in the master plan will be forwarded to Mr. Webb for review.
Mr. Marquise would like to aim for the third week in January for the public hearing on the master plan.
Zoning amendments:  The board reviewed the proposed zoning amendments and will vote after the public hearing on Dec. 17 whether to move them to the warrant.  
The proposed zoning amendments are as follows:
Amendment #1: Amend Article II, Section 2.30 – District Purpose and Description – Shorelines, to include fourth-order streams as part of the Shoreline Overlay District.  This would bring Sunapee’s Zoning Ordinance in line with the State of New Hampshire Shoreland Protection Act.
Amendment #2: Amend Article III, Section 3.10 – Table of Dimensional Controls, to clarify that front setback is measured from the center of all public and private roads regardless of whether the road meets current town standards.
Amendment #3: Amend Article IV, Section 4.33(8)(b)(VII) – Shorelines Specific Provisions – Erosion Control, to clarify that any grade change of 12” or more within the 50’ shoreline buffer (lakes, ponds, and fourth order streams) requires approval from the Planning Board.
Amendment #4: Amend Article IV – Use Regulations and Article XI – Definitions, by adding a new Section 4.80 which will set forth guidelines and incentives for allowing workforce housing per RSA 674:58-61.
Amendment #5: Amend Article VI, Section 6.12 – Restoration and Reconstruction, (still awaiting final commentary by Jae Whitelaw, Esq.)
Amendment #6: Amend Article XI – Definitions – Contractor’s Yard, by adding language which will clarify that a contractor’s yard in an area used by various trades people for storage of materials and equipment.
Workforce Housing, Final Draft 11/18/09:  Under General Requirements, the minimum number of units recommended was ten.  In the village district four units per acre are allowed so Mr. Davis thought a minimum number of eight units would be more appropriate.  Under section 9(b), Assurance of Affordability and Continued Affordability, take out semicolons and put in commas.  Under section 9(b)(ii), remove “a workforce housing unit that is to be sold”, as it is talking about the original sale by the developer to the occupant as well as that of an already occupied unit.  Under F4, Review Criteria, insert “applicable” in the middle of the sentence instead of “as appropriate” at the end.  An amendment to the definition of dwelling multi family is not needed.  
The meeting was adjourned at 8:36.
Respectfully submitted,
Katie Richardson


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Peggy Chalmers                                             Allan Davis


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Bruce Jennings                                            Robert Stanley


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Peter White