TOWN OF SUNAPEE
PLANNING BOARD
DECEMBER 17, 2009
PRESENT: Peggy Chalmers, Chairman; Allan Davis, Vice Chairman; Bruce Jennings; Daniel Schneider; Robert Stanley; Emma Smith, ex-officio member; Michael Marquise, Town Planner.
ALSO PRESENT: Charlotte Brown; Alex Kish.
ABSENT: Peter White; Nick Kontoes, alternate; Philip Porter, alternate; Derek Tatlock, alternate; Frederick Gallup, alternate ex-officio member.
Chairman Chalmers called the meeting to order at 7:15.
Chairman Chalmers reported that Mr. Tatlock submitted his letter of resignation.
Public Hearing: A public hearing was held on the proposed amendments to the Town of Sunapee Zoning Ordinance summarized below.
Amendment #1 –Amend Article II, Section 2.30 – District Purpose and Description – Shorelines, to include the Sugar River (a fourth order stream) 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 as shown on the official map regardless of whether the road meets current town highway specifications.
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 XI - Definitions – Contractor’s Yard, by adding language which will clarify that a contractor’s yard is an area used by various tradespeople for storage of materials and equipment.
Ms. Brown stated she has questions on workforce housing. She wondered if the definition of workforce housing is a New Hampshire RSA definition. Mr. Davis stated it is straight from the RSA. Ms. Brown inquired about the price range of workforce housing given the income requirements. Mr. Jennings stated that the guidelines translated into approximately $200,000 for a buying price, given current interest rates. The rental price would be around $900/mo.
Ms. Brown asked how many zoning variances and special exemptions are granted versus the number requested. Mr. Marquise said that that information is included in the town report. Ms. Brown said that she has heard that it is easy to get a variance in Sunapee. Mr. Jennings stated that the ordinance is set up in such a way that many would-be variances are addressed without being applied for. Ms. Brown inquired if the planning and zoning boards ensure that a shoreland permit is obtained if required. Mr. Davis stated that Mr. Landry ensures that all necessary permits are in hand prior to issuing a building permit. Mr. Kish added that Mr. Landry does issue a certificate of compliance when the project is complete and all permits are in place.
Mr. Kish had a comment on Amendment #5 relating to the definition of a contractors yard. He feels the language used in the amendment is overly restrictive and overreaching. He gave the example of a single landscaper storing his equipment at his residence and felt that should not be considered a contractors yard. He feels it would be overly burdensome to require that person to come before the board for a site plan review.
Chairman Chalmers stated that the issue is home business versus home occupation. Mr. Kish suggested specifically relating it to business activities. Chairman Chalmers stated the definition of contractors yard does not impact the regulations. Mr. Davis stated that the definition applies to the area not the use. Chairman Chalmers stated that a potential issue is what is meant by a contracting service establishment.
Mr. Davis felt that the use of a contractors yard should be specified in the same way that other definitions are. Mr. Marquise suggested starting with “the principal use of a contractors yard”.
Motion by Mr. Stanley, seconded by Ms. Smith, to keep the proposed definition as it stands.
Mr. Davis stated that the principal use should be specified. Ms. Smith felt that the use is specified. Chairman Chalmers agreed with Mr. Davis. Mr. Schneider thought the present definition was adequate.
Chairman Chalmers suggested specifying the number of employees. Mr. Marquise stated that her suggestion changes the intent of the proposed definition and another public hearing would have to be held.
Mr. Davis suggested changing “the area” to “an area”.
Mr. Kish felt that the board should seriously consider this definition as the issue arises at the zoning board level quite often. Mr. Stanley felt that Mr. Landry’s proposed change should be passed.
The board voted 3-3 on Mr. Stanley’s motion to keep the proposed definition as it stands. The motion does not pass.
Motion made by Mr. Davis, seconded by Mr. Schneider, to pass the proposed definition subject to changing “the area” to “an area”. The motion passed with four in favor and two abstentions.
Motion made by Mr. Davis, seconded by Mr. Jennings, to move Amendment #5 to the ballot. The motion passed unanimously.
Motion made by Mr. Davis, seconded by Mr. Stanley, to amend Amendment #1 to remove “entire length of” prior to Sugar River. The motion passed unanimously.
Motion by Mr. Schneider, seconded by Mr. Stanley, to move Amendment #1 to ballot. The motion passed unanimously.
Motion made by Mr. Davis, seconded by Ms. Smith, to move Amendment #2 to the ballot. The motion passed unanimously.
Motion made by Mr. Jennings, seconded by Mr. Schneider, to move Amendment #3 to the ballot. The motion passed unanimously.
Motion made by Mr. Jennings, seconded by Mr. Smith, to move Amendment #4 to the ballot. Mr. Marquise noted that there are two #9s under General Requirements. The second #9 becomes #10. The motion passed unanimously.
Administrative matters: Mr. Marquise reviewed the future land use map he emailed the board. All master plan information will be uploaded to the website by the end of the year with the master plan public hearing to be held on Jan. 21.
The meeting was adjourned at 8:28.
Respectfully submitted, Katie Richardson
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Peggy Chalmers Allan Davis
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Bruce Jennings Daniel Schneider
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Robert Stanley
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