SUNAPEE PLANNING BOARD
MAY 1, 2008
7:00 PM
***DRAFT*** ***DRAFT***
Present: Peggy Chalmers – Chairman
Bruce Jennings
Peter White
Fred Gallup – Ex-Officio Alternate
Michael Marquise – Planner
Roger Landry – Zoning Administrator
Absent: Derek Tatlock
Philip Porter
Allan Davis – Vice Chairman
Emma Smith – Ex-Officio
Shoreline Protection Act –
Roger Landry reported that the Shoreline Protection Act was voted in and adopted as it was proposed as of April 1, 2008. The effective date will be October 1, 2008. The amendments and still being reviewed and are scheduled for approval by July 1, 2008.
The meeting was called to order at 7:31PM by Chairman Peggy Chalmers.
PUBLIC HEARINGS:
7:31PM – Public Hearing Opened
Map 129, Lot 73, Sonya Land Investments LTD., 18 Central Street, Site Plan Review, Converting a 4 bedroom home into a 1 bedroom apartment and a real estate office.
Michael reviewed the application. It was filed 3 weeks in advance, fees were paid, and notices were sent and posted. The application falls under Article 5 of the Site Plan Regulations. He advised that the water, sewer, utilities, and lighting may need to be put on the schematics if the Board requires them.
A motion was made by Bruce Jennings to accept the application as complete subject to the square footage of the office space and the Board reserves the right to require that the water and sewer be added to the plan. The motion was seconded by Peter White and approved unanimously.
Bob Anthonyson advised that the application is to convert the 2 story dwelling to one dwelling on the lower level and a real estate office on the street level. They have modified the parking plan. There will be a second curb cut and parking spaces placed along the side of the building. Michael questioned the number of employees and Bob advised there will be 4. Peggy asked what the hours of operation would be and Bob stated the typical hours would be 9:00AM to 5:00 PM and, on occasion, as early as 7:00AM and as late as 7:00PM. It could sometimes be 7 days per week. Bruce asked what the number of bedroom would be and Bob advised there would be one.
Abutter input –
Rodney Gonyea asked if they would be retaining the present 2 parking spaces plus adding 5 on the side of the house. He also questioned landscaping as the grass has grown high in the past. Bob Anthonyson responded that it will be owner occupied and that will be a benefit.
Ken Adams reported that he has called John Chiarella twice last year about the condition of the property and the boat house there. He has not gotten a returned call from Mr. Chiarella. The rest of the street is a residential area. He stated that the real issue is safety and the amount and speed of the traffic on the road. He has reported this to Chief Cahill. Mr. Adams stated that the last thing he wants to see is a parking lot across the street and he doesn’t see it being taken care of any better than it has been. He is opposed to this happening.
Bob Anthonyson stated that there are also several businesses on the street and Arlene Adams replied there are businesses at both ends. At the other end of the road Northcape and Harbor Light Realty have improved the properties and they are made to look more residential. This plan does not preserve the rural and historic nature. She stated that Mr. Chiarella has also used his boat as signage. They have a petition going to change Central St. to a Residential zone and will be presenting it at a later date.
Bruce Jennings explained the Village Zone and stated that it is not a Residential Zone. He reviewed the definition, advised it has been this way for a very long time, and, historically, has been a mix of residential and business. It was modeled after Woodstock, Vt. Ms. Adams stated this is going to hurt the neighborhood. She advised that when she asked John Chiarella about the traffic, he stated that it is not his problem. It is the problem of the Police Department and the town. Ms. Adams asked that the Board be very specific about what will be allowed there. A letter of credit should be required to make sure it is done and monitored.
Tom Sullivan stated that the State of Vermont does not allow signage and Mr. Chiarella uses signs on wheels. Roger Landry replied that Mr. Chiarella has 2 signs that are legal. The boats are registered and on trailers and are legal. Peter White asked what amount of signage is allowed. Roger advised that 96 square feet is allowed. Peter then noted that if a boat were parked there with a sign, it would be illegal based on the amount of signage asked for on the plan.
Joyce Buzwell stated that allowing a business into a house that was originally intended to be a house is changing the use of the property and she is concerned with it creating additional traffic. She asked if people would be parking of the street and Bob Anthonyson replied that they would be parking in the lot. Ms. Buzwell advised there are mailboxes there and they could get blocked. She thinks this will be disruptive and cannot see pulling up any of the yard to create a parking lot. Bob Anthonyson stated that the lot will be hard packed and the proposed parking will be consistent with other parking on the street. He asked if they could make changes at a later date and Bruce Jennings advised they could come back to the Planning Board.
Further discussion was held on the current location of Chiarella Realty and Fred Gallup noted that parking there has changed since the original site plan and no new plan was submitted. Compliance with the original site has not been good. He also stated that, on this plan, he sees a problem with 2 parking spaces blocking 2 other spaces and also with cars having to back out on to the street. He would like to see an area where cars can turn around and then drive out onto the street. Safety is a consideration. Mr. Gonyea asked if other alternatives have been looked into for parking to cut down on the impact on the front and side of the house.
Ken Adams asked if the Board deems this a real safety issue, would they even have to allow it or can they deny it. Peggy replied that if it is a real safety issue they have the ability to deny.
Roger Landry suggested that, if possible, table the plan until the next meeting and have Chief Cahill review the parking and safety issues to see what his recommendation would be. Bob Anthonyson stated that the Chief did look at the current plan and felt the sight line was okay. He did not mention, one way or the other, any other safety issues.
Peter White asked what the required number of parking spaces would be and Michael advised 9. Peter then stated that 3 of the spaces are invalid. You cannot stack cars up. This would have to be addressed as it brings the number spaces down to 8. Bob Anthonyson replied that the spaces in the garage would be for employees. He also stated there would be 2 spaces for the dwelling unit and they could be tandem.
Ken Adams stated that they will be asking for a serious accident if they allow this to take place. Chris Humphrey stated that the topics are safety, preserving the aesthetics, and where do we go from here.
The public session was closed by Chairman Chalmers at 8:40 PM.
The Board then discussed what was presented. Peggy stated that 11 parking spots seem to be a lot on this property. Michael advised that outside of lot coverage, there is nothing, but they do need landscaping and buffering. They also might want to look at runoff issues. Bruce questioned what if they decide later to have 6 employees and Michael advised that any increase would require another site plan. Site plan review cannot be adjusted without going back through the process. Peggy questioned the area of signage and Roger advised he does the calculation. Fred advised that, looking at the plan, there are 6 signs for a total of 65 square feet. Roger advised that the Board can condition the signage. Fred noted they are required to have 9 spaces and have 11 on the
plan. He questioned how we deal with two boats. Will there be signs and parking for the boats? Peggy stated that boats are not on the plan, so boats can be parked there, but without signs. Fred stated he thinks it is a good idea to have the Police Chief look at this. He also stated we need to look at the concept of drainage, runoff, and landscaping. They also need to know more about the surface as dust is a concern and they need to minimize the impact on the neighbors. Peggy asked if the boats need a parking space and Michael advised there is nothing in the regulations. Peter stated there is a concern with tandem parking negating some of the parking spaces. Peggy questioned if a no parking sign could be placed on the street. Michael and Fred stated that would have to be done by the town. The ordinance would have to be changed and a public hearing would have to be held to do that. The Planning Board can make
that request.
Michael stated that it would be good to have the lighting noted on the plan so that the locations are exact. Bruce advised that they can require that lighting be on just during the hours of operation and that if 2 tandem spaces are assigned to the tenant, the amount of parking would work. The Board felt the maximum number of spaces at the garage should be 3. Fred stated it would be the owner’s responsibility to police the parking so that the tenant’s parking is not taken. It needs to be controlled in some way. He thinks the applicant should give a plan as to how it will be controlled.
Peggy reviewed the issues which are excessive signage if the boat has signage, restriction of parking by the garage to 3 spaces, and some way to configure so that people would not pull in behind it. The plat needs to be noted with the hours of operation, location of the lighting with a copy of the cut sheet, and they also need to look at the type of surfaces and what can be done to minimize dust. The Board would also like input from the Police Chief on the parking situation, and would like to applicant to look at some of the parking going on the other side of garage toward Rt. 11. A landscaping plan is needed which would include a buffer and impact on the neighbors. Also, a drainage and erosion plan is needed. Peter White thinks some accounting for pedestrian traffic on the site, pathways and
walkways, is needed. Michael stated it would be appropriate for all signees to look at it. Bruce asked there will be a dumpster on site and Bob Anthonyson replied that there will be no dumpster.
The site plan review was continued to the next meeting on June 5, 2008.
9:11 PM Public hearing opened.
Map 238, Lot 7-1 Carl and Rhonda Bernsten, 207 Timothy Rd., Minor subdivision review.
Michael reviewed the application. It was filed 3 weeks in advance, abutters were notified, notices were posted. The application falls under 6.04 of the Subdivision Regulations and is possibly subject to the waivers in Section 6.05B. The items that could be potentially waived are the utility lines and storm water drainage.
A motion was made by Fred Gallup to accept the application as complete waiving utilities and storm water drainage. The motion was seconded by Bruce Jennings and approved unanimously.
Peggy asked what the frontage is for the smaller lot and Mr. Bernsten advised that it is 120’. Peggy also questioned wells on the property and Mr. Bernsten stated they are shown on the septic plan. Michael asked if a house exists on Lot 2 and Mr. Bernsten replied that there is. There were no issues for the Board members.
A motion was made by Fred Gallup to approve the minor subdivision as submitted. The motion was seconded by Peter White and approved unanimously.
The public hearing was closed at 9:20 PM.
MISCELLANEOUS
Map 203, Lot 7, Pensco Trust, Prospect Hill Road, Major Subdivision – Mylar Approval
Mr. Bell submitted a letter of credit. He stated that changes on the plan show all of the driveways. The only other change is the line between Lots 6 & 7. They put in a dogleg for house placement. Otherwise, the acreage remains the same. Michael advised that he needs a note that the triple driveways meet road specifications. He also advised that the letter of credit needs to be looked at by the Road Agent, Town Manager, and the Town Attorney.
A motion was made to approve the mylar with 2 conditions: wording that the triple driveways meet town road specifications be noted on the mylar and the acceptance of the bond as presented by the Town Manager and Road Agent. The motion was seconded by Peter White and approved unanimously.
Map 210, Lot 9, James Cruise/Claremont Savings Bank, Trow Hill Road, Fieldstone, Major Subdivision, Final mylar approval and letter of credit review
Charles Hirshberg, Engineer, and Sherwood Moody, Claremont Savings Bank were present. Charlie advised they are present for the mylar signing and to present the letter of credit. Roger Landry advised that the amount on the letter of credit was to be changed and Charlie stated that it has been. Roger also stated that the town attorney has recommended making changes in the requirements on letters of credit, but it is unfair to make the applicant do that tonight. He stated that the attorney has also recommended that the regulations be changed so that two more years beyond the completion date be added to letters of credit. Michael advised that they can have the bank notify the town when getting to the expiration date and that is not in the letter. The burden would be on the town. He
thinks that any letter of credit should have that condition. Peggy advised that the applicant can make the changes to the letter of credit and the Board members can then come in and sign the plan. Another meeting would not be needed. The amount of the letter of credit was raised to $551,000.00. The conditions were acceptable to the Board members. Roger will ask the town attorney for the letter of credit language.
Charlie Hirshberg stated that Sunapee Center has no time line on Phase 2 and Michael advised that Phase 2 was not approved. Bonding is needed and no drawings were approved. Charlie asked if they need to come back for a bond hearing for Phase 2 and Michael advised they do. Charlie asked if full notification would also be required and Michael advised he thinks it will be. He will look at the minutes. Fred Gallup stated that it is an open site not with some erosion. He asked if they are planning to start on that project and stated that if they are not, some stabilization might be in order. Mr. Moody advised that they are applying with the Attorney General for condominiums so they can sell those units. They would like to sell the property to another party who would
continue to develop it. Charlie stated that any change to the original approval would have to come back to the Planning Board. Mr. Moody noted that any change of use would have to come back. He stated that the intentions are to continue the way it is.
CONSULTATIONS
Map 211, Lots 11 & 12, Cooper Street Partners, 1106 Route 11, Major Subdivision
Bob Carter and Jim Bouchard presented.
Bob Carter advised that they looked at one access, green space, and protected well radius. The minimum lot size for lots with protected well radius would be 2 acres. They also met with DOT for road access and have a 400’ line of sight. The roadway is 1600’ and 1700’ to the center of the cul-de-sac. They have provided a 50’ perimeter of the entire parcel for green space and 75’ from Rt. 11. The wetland area will be dedicated to conservation. They have done a roadway profile and it falls under the 10% grade. The steepest is 8%. Peggy advised that it is up to the Fire Department to advise them on the impact of the length of the road. Jim Bouchard stated that if the land in front is used for other than residential, they may want signage.
Bruce stated that if they want to do anything commercial, they would have to come before the Planning Board. He stated the Board would still want a vegetative buffer.
Jim Bouchard advised that their concerns were the dimension of the lots. They want large parcels and most are 5 acres or more. There is a total of 58.98 acres. They will probably have to have a cistern at the cul-de-sac and another further back. Bruce asked if the wetland area would be for conservation and Mr. Bouchard stated they would like to have the Conservation Commission take it. Peggy advised that she likes the road better as presented tonight.
Map 114, Lot 6, Pensco, Brown’s Hill, Lot development.
Bob Bell advised this is a 13 ½ acre parcel. Lots 1 & 2 are fairly good view lots. Board members question the driveway access. Some are off of Brown’s Hill and some off Rt. 11. Peggy advised that something came up before as an issue with a 1 foot strip of land. The Board advised that the reserve strip needs to be resolved by Mr. Bell and his attorney. Michael stated that they have to have frontage on a town road of 100’. Michael advised they would have to have an opinion from the town attorney regarding the 1’ strip.
ROAD NAME APPLICATIONS
Soonipi Circle for the Sunapee Center loop.
Nature’s Way – Mountain Home development on Brook Rd.
Fred Gallup abstained. The rest of the Board approved the names and the applications were signed by the Chairman.
The meeting adjourned at 10:37 PM.
NOTE: The above minutes represent a summary, not a verbatim transcript of the tape.
NOTE: Any hearings now open and under consideration by this Board are continued to the next meeting of the Sunapee Planning Board.
Submitted by, Joan Bleau Approved
Peggy Chalmers, Chairman Allan Davis, Vice Chairman
Bruce Jennings Derek Tatlock
Philip Porter Peter White
Emma Smith, Ex-Officio Frederick Gallup, Ex-Officio Alt.
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