TOWN OF SUNAPEE
PLANNING BOARD
DECEMBER 3, 2009
PRESENT: Peggy Chalmers, Chairman; Allan Davis, Vice-Chairman; Bruce Jennings; Robert Stanley; Daniel Schneider; Peter White; Michael Marquise, Planner.
ABSENT: Derek Tatlock, alternate; Philip Porter, alternate; Nick Kontoes, alternate; Emma Smith, ex-officio member; Frederick Gallup, alternate ex-officio member.
ALSO PRESENT: Rodney and Tracey Gonyea; Sue Johnson; Beck Johnson; Margaret and Raymond Touchette; Barbara and John Fisher; James Kendall; Dana Fletcher; John Kendell; Charlie Hershberg; John Chiarella; Bob Anthonyson; Caroline Humphrey; Ken and Arlene Adams; Carolyn Dugan; Julie Jasys; Dawna Vinau; Van Webb; Bob Bell.
Chairman Chalmers called the meeting to order at 7:00.
Changes to the minutes of October 15: Motion made by Mr. Jennings, seconded by Mr. Schneider, to approve the minutes as presented. The motion passed unanimously.
Changes to the minutes of November 5: Line 35-37, Mr. Marquise and Mr. Landry will further confer on the definition of a contractors year; lot coverage is tabled at this time. Begin a new paragraph on line 31. Motion made by Mr. Stanley, seconded by Mr. Davis, to approve the minutes as amended. The motion passed unanimously with one abstention.
Changes to the minutes of November 19: Line 33, identify the Ledge Pond lot as town owned property. Line 34, NRI should be identified as the Natural Resources Inventory. On Amendment #1 of the proposed zoning amendments, add the Sugar River as a fourth order stream. Line 66, replace “in” with “is”. Motion made by Mr. Stanley, seconded by Mr. Jennings to approve the minutes as amended. The motion passed unanimously with one abstention.
MAP 129 LOT 73, SONYA LAND INVESTMENTS LTD., 18 CENTRAL STREET, SITE PLAN REVIEW, COMMERCIAL OFFICE SPACE AND ONE BEDROOM APARTMENT.
Mr. Marquise stated that the application falls under Article 5 of site plan review regulations. The square footage is not indicated on the plan, but is on the application. A plan for drainage was included in the application but calculations were not noted. The board may inquire about the utility lines and storage of toxic waste and hazardous materials. The application is complete, subject to board inquiry of the above mentioned matters.
Chairman Chalmers addressed the question of whether the case is significantly different than the previous application. Mr. Marquise stated that that should be determined before discussing the merits.
Motion made by Mr. Davis, seconded by Mr. Stanley, that the application is significantly different than the prior application based on fact that it now includes two uses, the apartment and the office space, where it previously included only one use. The motion passed unanimously with one abstention.
Motion made by Mr. Davis, seconded by Mr. Stanley, that the application is complete, subject to the review of drainage calculations, utility lines and storage of toxic materials and hazardous waste. The motion passed unanimously.
Mr. Chiarella presented the case. He stated that the type of professional office is specified in the application, i.e. attorney, accountant, engineer, architect or real estate. He stated that two to three people would be working in the office space. Mr. Stanley explained that if any type of use other than those specified were to be instituted, Mr. Chiarella would have to return to the board.
Mr. Chiarella stated that office space equaled 900 square feet and the apartment equaled 650 square feet. He added that two signs at a maximum of 24 square feet would be considered at some point. Business hours of operation would be 9 a.m. to 5 p.m. Mr. Schneider stated he was concerned about the square footage of the sign; Mr. Marquise said that Mr. Chiarella was within the limits.
Ken Adams, Central Street, stated that the previous application was turned down due to too great an impact on the site, too great an impact on the neighborhood and traffic and safety concerns. Mr. Adams felt that the new plan does not address the three reasons it was turned down last year.
Mr. Stanley inquired where the apartment was. Mr. Chiarella stated that it is on the lower floor.
Caroline Humphrey, Central Street, said she owned the property previously and one of her reasons for relocating further up the street was the lack of safety. She said she has serious concerns about the safety issues on that end of the street. Ms. Humphrey thinks that a commercial building would add to the traffic situation.
Rodney Gonyea, Central Street, informed the board of a petition to the board of selectmen by Central Street residents to address speeding issues on that street. Mr. Gonyea is concerned with traffic pulling in and out of the driveway safely.
Mr. Jennings said that the previous application should not be confused with the current application. Mr. Adams felt that the last case set a precedent and should be able to be taken into consideration. Mr. Jennings reiterated that the case is a new application and should be viewed as such.
Mr. Adams requested that the case be continued until the abutters retain counsel.
Mr. Gonyea felt that the use applied for was non-conforming. Chairman Chalmers clarified that the law allows for a limited expansion of a non-conforming use. However, the uses in question are not non-conforming, though the lot is.
Mr. Chiarella stated that safety was considered in designing the parking.
Arlene Adams, Central Street, lives directly across from the property in question. She commented that there is no buffer on the front part of the property and the drainage seems less to her than it should be. She also has issues with the outdoor lights running all night and is concerned about lighting on future signs. Ms. Adams does not see the reason for having outdoor lights on past normal business hours, though the application indicates lights would be on from 7 a.m. to 9 p.m. She also feels it is an intense use of the lot and a great impact on the neighborhood. She also feels the board should look more into lighting, drainage and landscaping.
Mr. Gonyea stated there is far too much parking for a property of that size.
Mr. Davis asked what the provision was for garbage collection. Mr. Chiarella stated that garbage is kept in the garage and does not anticipate garbage outside at any time.
Chairman Chalmers asked what height of the pine trees to be installed would be. Mr. Chiarella said the trees would be 5-8 feet to start with. Ms. Adams pointed out that the Gonyeas would have to wait several years for the trees to block the view.
Mr. Marquise stated that the drainage calculations should be reviewed by himself and the board.
Ms. Adams stated that there is lighting on the property that is not indicated on the plan and asked if that would be removed. Mr. Schneider asked why the outside lights are needed beyond the 9-5 business hours. Mr. Chiarella stated there was damage done to the property and that is why the lights were on for extended hours. He said that the flood light has not been in use for six months.
Mr. Marquise stated that the hours of operation must be corrected on the plan.
Ms. Adams asked if the flood light which is not indicated on the plan would be removed. Mr. Marquise pointed out that the lighting on the plan must accurately reflect that on the property. Mr. Davis stated that if the plan were approved the light in question would not be a permitted light.
Mr. Marquise stated that according to the guidelines there needs to be a minimum of eight spaces. Mr. White clarified that three spaces are allotted for the office space, a space for each of the three employees and two for the one family dwelling.
Ms. Adams asked if boat storage would be allowed in the parking spaces. Chairman Chalmers stated that the parking spaces must be made available for vehicles; boats would not be allowed in those spaces.
Motion made by Mr. Stanley, seconded by Mr. Jennings, to continue the case to May 6, 2010 to review the drainage calculations with the condition that the hours of operation are corrected on the plan, subject to written agreement by the applicant. The motion passed unanimously.
MAP 104 LOT 01, H. STETSON FLETCHER III, 1040 OLD MAIN STREET, GEORGES MILLS, SUBDIVISION REVIEW.
Mr. Marquise stated that the application falls under Article 6.04 of the subdivision regulations. The case did receive a zoning variance. With waivers for utility lines and storm water drainage, the application is complete.
Motion made by Mr. Jennings, seconded by Mr. Schneider, to accept the application as complete with waivers for utility lines and storm water drainage. The motion passed unanimously.
Dana Fletcher presented the case. He said that survey maps had been completed since the variance was granted. Mr. Davis asked what the variance was for. Mr. Marquise stated that the variance was to create two lots under a half acre.
John Kendell, abutter, inquired if anything new was to be built on either lot. Mr. Fletcher stated that there were no plans to do so at this time. James Kendell, abutter, asked if the parking area was to remain the same. Mr. White stated that the application showed all elements remaining the same. The only thing being looked at with the current application is dividing the property into two lots. Mr. Marquise stated that any new building would warrant a new application.
Motion made by Mr. Davis, seconded by Mr. Schneider, to approve the application for subdivision. The motion passed unanimously.
MAP 232 LOT 10, JOLYON JOHNSON, 209 ROUTE 103, SITE PLAN REVIEW, ICE CREAM SCOOP SHOP.
Mr. Marquise stated that the application falls under Article 5, item D of the site plan regulations. The application is complete.
Mr. Schneider asked what the maximum number of employees was for a home business. Mr. Marquise stated there could be three. Mr. Davis asked if the building was existing, Mr. Marquise replied in the affirmative. Ms. Johnson said it would be in a 26x17 building.
A special exception was granted by the zoning board for a home business.
Motion made by Mr. Jennings, seconded by Mr. White, to accept the application as complete. The motion passed unanimously.
Mr. Stanley asked if parking was in place. Ms. Johnson said that there is adequate parking. Chairman Chalmers inquired about spotlights. Ms. Johnson said there are three spotlights on the house and two on the barn. Mr. White commented that only half of the building will be used for the scoop shop.
Mr. Marquise stated a driveway permit from DOT was received permitting the use.
Ms. Johnson stated that the shop would run from April-October with daytime hours of operation, not past 8 p.m.
Motion made by Mr. Davis, seconded by Mr. White, to approve the application. The motion passed unanimously.
MAP 238 LOT 37, MINOR SUBDIVISION ON LAND OF RAYMOND TOUCHETTE (TOUCHETTE LIVING TRUST), 3 LOT SUBDIVISION, WILDERNESS PARK ROAD.
Mr. Marquise noted that necessary corrections of lot lines and spelling were made on the plan.
Mr. Davis would like to see the right of way line along Wilderness Park Road, similar to the right of way on the north side of the property, with the appropriate deed references.
Motion made by Mr. Stanley, seconded by Mr. White, to approve the application subject to the condition that the placement of the southern line on the southern right of way is shown with the appropriate deed reference.
Mr. Schneider thought the boundaries of the macadam and gravel surfaces should be clarified. Mr. Marquise did not think that was necessary. Mr. Davis thought the turnaround should be shown to be part of the shared right of way. Mr. Marquise felt it would be assumed that the turnaround is part of the right of way.
Mr. Jennings asked if there would be a road maintenance agreement to go with the lots. Mr. Touchette stated there would be for lots 2 and 3.
Mr. Davis would like the motion amended to show that the turnaround is an extension of the right of way and the small triangle is a proposed right of way from lot 2 to lot 3.
Mr. Stanley amended the motion to include the conditions that the turnaround be shown as an extension of the right of way and the small triangle is shown as a proposed right of way from lot 2 to lot 3. The amended motion was seconded by Mr. Schneider. The motion passed unanimously.
MAP 237 LOT 25, MOUNTAIN HOME DEVELOPERS OF SUNAPEE, LLC., NATURES WAY, CONCEPTUAL.
Mr. Hirshberg presented the plan. The property is on Brook Road, abutting the Goshen town line. One duplex has already been built and the roads are in place. Mr. Hirshberg stated that the market has changed and high end duplex condos are not being sought, so a different approach is being presented. Instead of duplexes, individual units are being proposed though the number of units will not be changed. Mr. Hirshberg inquired if it mattered to the board that the units are made into individual ones.
The board concurred that the change was acceptable. Mr. Hirshberg asked if an amended site plan is required; Mr. Marquise replied in the affirmative.
Mr. Hirshberg added that he would like to create more green space in the development. He said he can redesign the roads to eliminate a fair amount of road footage. This approach would help the drainage.
Bob Bell: Mr. Bell is present to answer questions regarding what he is doing on his property off of Route 11. He was unaware that a wall more than 42 inches in height is considered a structure and cannot be constructed within the 75 foot setback on route 11. The wall he built is 69 feet from the center line of route 11 and is between 6 and 7 feet tall. Mr. Bell said the wall is on state land. Mr. Jennings asked if it would be grandfathered. Mr. Bell said that a permit was received to build a driveway across the state right of way and access his property.
Mr. Marquise wondered if the fact that it was done with state approval trumps the town zoning ordinance. Mr. Marquise asked if Mr. Bell received a statement of zoning violation. Mr. Bell responded in the negative.
Mr. Bell asked how complaints about the wall should be addressed. Mr. Marquise suggested that the complaints be dealt with first through the zoning administrator.
Mr. Bell stated that the property serviced by that driveway will someday be developed. He stated that the driveway is currently in place to avoid Trow Hill in the winter. Mr. Bell said he discussed reconfiguring the bottom of Trow Hill with the road agent to make it more safe.
Mr. Bell also mentioned that he has been in talks with the conservation commission regarding the Gore Lot. He and many residents of Keyes Road are against opening the Gore Lot to the public. He suggested switching the 1.2 acre Gore lot for 3 acres on the pond plus an additional 15 acres next to the town forest. He would also like to know how much common land the town would be interested in.
Mr. Schneider asked how the conservation commission felt. Mr. Webb stated that in theory they are amenable to the idea. For a land swap, the conservation commission would want to do value for value. They would also like all permits and legal paperwork in place before a land swap was considered.
Mr. Jennings inquired about the development of the Route 11 property. Mr. Bell’s idea is to do build some cluster homes on the top of the property and some trophy lots down below.
MAP 129 LOT 74, J&F REALTY, 552 ROUTE 11, STATEMENT OF PROPERTY USAGE, ADD SEWING LESSONS TO EXISTING SEAMSTRESS BUSINESS.
The applicant was present and was informed that her statement of property usage was previously approved.
Mr. Marquise passed out the zoning amendments on the public hearing to take place on Dec. 17.
The meeting was adjourned at 10:05.
Respectfully submitted,
Katie Richardson
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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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