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Planning Board Minutes 2008/08/07

SUNAPEE PLANNING BOARD
August 7, 2008
Town Hall
7:00 PM
*****DRAFT*****                                                       *****DRAFT*****
Present:        Peggy Chalmers – Chairman
                Bruce Jennings
                Allan Davis
                Peter White
                Emma Smith – Ex-officio
                Michael Marquise – Town Planner
                Roger Landry – Zoning Administrator

Absent: Philip Porter
                Derek Tatlock
                Frederick Gallup – Ex-officio Alternate

The meeting was called to order at 7:02 PM by Chairman Peggy Chalmers.

The minutes of the July 17, 2008 meeting were reviewed.  The following corrections were noted:  Line 21 – add July 3, 2008; Line 254 – change from public hearing to consultation.  A motion was made by Peter White to approve the minutes as amended.  The motion was seconded by Allan Davis and approved unanimously.  A motion was made by Bruce Jennings to change OTD to LTD on line 37.  The motion was seconded by Peter White and approved unanimously.

Peggy reported that the joint meeting with the Zoning Board representatives to discuss regulations for wind turbines will be held on August 21, 2008 at 6:00 PM.

Allan Davis questioned the matter of Sonya Land Investments request to the Board of Selectmen to overturn the Planning Board’s decision and why the Planning Board members were not notified of the meeting so they could be there to speak on the matter if needed.  Bruce Jennings asked if the decision of the Planning Board is appealed, would the applicant go to the Zoning Board.  Roger Landry replied that the applicant would go to court.  Peggy asked if the applicant goes to the Zoning Board if they feel the Planning Board does not interpret the Zoning Regulations correctly and Roger advised they would.  Emma Smith advised that the Board of Selectmen was asked to repeal the decision of the Planning Board and the Board of Selectmen advised that they would not.  Peggy stated that, as a courtesy, the Planning Board members should have been notified.  She stated that she knew about the request, but did not think she needed to notify the members.  Emma will advise the Board of Selectmen.

7:15 PM – PUBLIC HEARING
Map 147, Lot 19, Jeffrey Bushey, DBA Double Diamond Café, Inc., 563 Route 103, Site Plan Review, Add 18 seats to existing restaurant on 24’ X 24’ open deck.

Michael advised that the application was filed on time, fees were paid, notices posted, and abutters notified.  The application falls under Article 5 of the Site Plan Review regulations.  He also stated that the Board could waive the perimeter boundary survey, contours, landscaping, utilities, lighting, signs, and inside storage facilities.

A motion was made by Bruce Jennings to accept the application as complete, waiving the perimeter boundary survey, utilities, signs, and inside storage facilities.  
The motion was seconded by Allan Davis and approved unanimously.

Jeff Bushey, applicant, stated he was asked to come up with a parking plan.  He stated the plan was done by Mr. Richer and the parking area has been paved, blue stoned, and fenced in.

Michael advised that one parking space is needed per 3 seats.  They are adding 18 seats plus there are 3 employees.  Peggy stated there would be room for 5 employees and Mr. Bushey can request approval for 5.  Mr. Bushey advised that he does have one part time person who comes in on weekends.  Michael asked if the site involves altering the state highway access and Mr. Bushey advised that nothing has changed.  Roger Landry stated that he contacted the State DES regarding the septic system being able to handle the additional 18 seats and DES said that would not add to the septic system.  They stated that if there were a roof over the deck and it was enclosed, including screening, they would have to add to the septic system.  Allan Davis reported that he visited the site and found it is nicely paved, the island is landscaped, and it looks nice.  Peggy asked if there would be outside lighting.  Mr. Bushey stated that, in the front of the building, there are 2 lights pointing down for a sign.  There is no lighting on the deck.  There is a post in the corner of the deck that could provide lighting, but there is none there now.  Peggy advised that the lighting needs to be shown on the plan.  Mr. Bushey advised that he took one light down that was on a pole because it was not functioning.  Bruce Jennings advised that he would like to see a more complete plan so it is part of the record.  Peggy advised Mr. Bushey that if he thought he wanted to put in a pole light, it would be better to supply a drawing so that he doesn’t have to come back to the Board later.  

A motion was made by Bruce Jennings to approve the plan as presented with changes to reflect 4 employees, 18 seats on the deck, and lighting not noted on the plan.  The motion was seconded by Allan Davis.  

Michael advised the board that they should add that the deck is to remain an open deck and the hours of operation.

Mr. Bushey advised the hours of operation are 7:00 AM to 2:00 PM, but he would like the option of 5:00 AM to 10:00 PM.  Peggy advised that 10:00 PM would require outside lighting.  

Ryan Crawford, abutter, stated when the previous owner ran the restaurant, there were several times the parking would overflow onto Route 103 creating a bad situation.  You could not see down the road coming out of Harding Hill.  He would like to see preventing people from parking between the island and the white line and between the mailboxes and the white line.  Bruce advised that the plan has nothing in the right of way and that anything outside the plan is an enforcement issue.  He also stated that the Board can’t put restrictions on the State highway.  Mr. Bushey stated that, on the side of the building, the previous owner allowed parking between the mailboxes and the building.  He has stopped that and does not allow it.

A motion was made by Bruce Jennings to amend his motion to add the hours of operation of 7:00 AM to 2:00 PM and the deck must remain open.  The motion was seconded by Allan Davis.  The amended motion was approved unanimously by the Board.

7:39 PM – PUBLIC HEARING
Map 232, Lot 13, Samantha Bailey, Edward Bailey, John Galloway, 86 Trask Brook Road, Site Plan Review, Day Care Operation

Peggy advised the applicant they do not have the drawings.  The Board can do a consultation, but they cannot approve the application without drawings.  Bruce advised that the Board has to have a site plan to look at and Roger Landry advised that it has to be a scaled drawing.  Samantha Bailey showed the Board plans that she has drawn and Bruce advised that they have to have a plan with the dimension of the property, contours, lighting, driveway access, etc.  Peggy advised that the Board can discuss the proposed plan, but they cannot vote on it.  She advised Ms. Bailey that they can stay for a consultation and Ms. Bailey agreed to the consultation.

7:44 PM – Public hearing closed.

7:44 PM – PUBLIC HEARING
Map 133, Lot 87, Sunapee Harbor Riverway, Inc., 68 Main Street, Site Plan Review, Proposed Municipal Library

Peter White and Bruce Jennings recused themselves.  Peggy stated that, with their recusal, they did not have a quorum.   Michael advised they could do a consultation and Peggy stated they would then have to go through it again for other Board members at the next meeting.  Barbara Chalmers stated they would rather wait for a discussion with the full Board.  Peggy then stated that the hearing was opened and continued to the August 21, 2008 meeting.  Barbara Chalmers asked to be notified if the same situation occurs for the next meeting.  She stated they would prefer to continue the case to the September 4, 2008 meeting and be notified if the same situation occurs (B. Chalmers and M. Durfor are not available for the August 21, 2008 meeting).  The application was continued to the meeting on September 4, 2008.  

CONSULTATION
Map 232, Lot 13, Samantha Bailey, Edward Bailey, John Galloway, 86 Trask Brook Road, Site Plan Review, Day Care Operation

John Galloway and Samantha Bailey were present.  Samantha Bailey presented her proposed plan (not a scaled drawing).  She stated that she is looking to operate the day care facility 5 days a week from 7:30 AM to 5:30 PM and is looking for approval for what the state recommends.  She would like to have 8 children enrolled.  The facility will be run in the basement of the home.  The area is 24’ X 24’ with a bathroom.  Everything is inclusive in the basement.  She is going by the state guidelines.  There will be 2 exits, a sink outside the bathroom, and a sink inside the bathroom.  Bruce Jennings asked the location of the property and Ms. Bailey advised that it is on the Newport town line.  She stated that she would be the only employee.  Michael advised that this would be a home business as she is bringing people in.  Ms. Bailey stated that there would not be more than 1 employee because of the square footage and Peggy advised that it is better to ask for it all at once, rather than have to come back if she did add employees.  Peggy advised that the parking guidelines state one space per staff member.  Michael advised he is not sure they would apply that.  Bruce Jennings stated that they would look at drop off and pick up times and make sure there is enough parking.  John Galloway advised that there is a one way circular driveway and Ms. Bailey advised there is room to go by another vehicle.  

Roger Landry reported that the Zoning Board did grant a special exception and determined that parking, access to Trask Brook Rd., and the septic system were not a problem.  The special exception was granted on July 10, 2008.  Michael advised that they would need 2 parking spaces for themselves and Mr. Galloway advised that they use the garage.  Mr. Galloway advised that there is a light at the end of the driveway and that the house is currently under construction.  Bruce Jennings advised that the considerations would be enough room for everyone to come at once and a safe place for kids to walk to cars.  Mr. Galloway reported that the playground area is 150 feet from the road.

Carl Nudd, abutter, stated that he thinks the address is wrong and Mr. Galloway advised that the other #86 is on Paradise Rd. in Newport.  Mr. Nudd also stated that this is a nice straight road and people do want to go fast on it.  He asked if there could be a sign stating children playing and a speed limit sign.  Peggy and Bruce advised that would be a request to the Board of Selectmen.  Mr. Nudd also questioned ambulance service as there are times of the year when you cannot get across the bridge.  Mr. Galloway advised that he and Ms. Bailey are both EMT’s and on the FAST squad.  

Michael advised the applicant that the Board needs a statement on the septic system being adequate.  He suggested that the applicant confer with Cliff Richer regarding the system.  Roger Landry stated that, back when the system was put in, they were done over capacity and they could get a letter from Cliff Richer.  Michael advised that the Board just needs a statement to that affect.  Peggy asked how close they are to their neighbors and if there is a fenced in are.  Ms. Bailey advised that the State says they do not need a fenced in area.  Allan Davis advised that the key issues are circulation and parking, lights, septic systems, and drawings.

Ms. Bailey advised that the state regulates the ratio of adults to the number of children depending on age.  

The application was continued to the meeting on August 21, 2008.  Mr. Galloway asked if they could do their own scaled drawing if they cannot get in touch with Mr. Richer.  Michael advised that as long as it is done to scale, they can do it.  Roger advised that they would have to get a statement on the septic system from Cliff Richer.

MISCELLANEOUS
Peggy advised that she will not be here the first week in September and Michael advised that all board members should notify Peggy if there are any conflicts for any of the meetings.  Peggy stated they would have to continue the application for the Library to the meeting on September 18, 2008.  She will notify the Library of the change.

8:25 PM – The meeting adjourned.                                

NOTE:  Any hearings now open and under consideration by this Board are continued to the next meeting of the Planning Board.

NOTE:  The above minutes represent a summary of, not a verbatim of the tape.  

Submitted by,  Joan Bleau                       Approved_____________________
Recording Secretary

______________________________          _____________________________
Peggy Chalmers, Chairman                        Allan Davis, Vice-Chairman

______________________________          _____________________________
Bruce Jennings                                  Derek Tatlock

______________________________          _____________________________
Philip Porter                                   Peter White

______________________________          _____________________________
Emma M. Smith, Ex-Officio                       Frederick Gallup, Alt. Ex-Officio