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Planning Board Minutes 2008/11/06
SUNAPEE PLANNING BOARD
MEETING MINUTES
NOVEMBER 6, 2008
TOWN HALL
7:00 PM

*****DRAFT*****                                                   *****DRAFT*****
Present:        Allan Davis, Acting Chairman
                Bruce Jennings
                Philip Porter
                Derek Tatlock
                Peter White
                Michael Marquise, Town Planner
                Roger Landry, Zoning Administrator

Absent: Peggy Chalmers, Chairman
                Emma Smith, Ex-officio
                Frederick Gallup, Ex-officio Alternate

The meeting was called to order at 7:00 pm by Acting Chairman Allan Davis, roll call was taken and copies of the minutes from the August 21, September 4 and October 2 meetings were copied and distributed.

MINUTES:
The minutes of the August 21, 2008 meeting were reviewed and the following corrections made:
Line 36 – change feeds paid to fees paid.
Line 41 – change application as completer to as completed, .
A motion was made by Philip Porter to approve the minutes as corrected.  The motion was seconded by Derek Tatlock and approved unanimously.

The minutes of the September 4, 2008 meeting were reviewed and the following corrections made:
Line 119 – change Emma Smith asked the number to Emma Smith asked about the number.
Line 179 – change 4 to 1 ration and to 4 to 1 ratio and.
Line 192 – change Kate Lane? to Katie Lane.
A motion was made by Phil Porter to approve the minutes as corrected.  The motion was seconded by Derek Tatlock and approved unanimously.

The minutes of the October 2, 2008 meeting were reviewed with no corrections necessary.

A motion was made by Philip Porter to approve the minutes, seconded by Peter White and approved unanimously.

7:16 PM – Allan Davis asked Michael to review the website and see about getting the July 17, 2008 meeting minutes posted.

REVISIONS TO AGENDA:
There were no revisions to the agenda.

ADMINISTRATIVE MATTERS:
Michael introduced Maureen Brandon as the new Recording Secretary to the board. Joan Bleau has resigned.

7:19 PM
CONTINUATION:
Map 114, Lot 6, Heather Bell, Browns Hill Road, Major Subdivision.

Michael announced that the PB had received a letter from Robert Bell requesting a 90-day extension on the approval of their sub-division application. He has worked out a deal with the neighbors and will be coming back in with a supplemental application for a subdivision annexation of at least 25’of land that would be supplemented to the existing application. Michael recommends that the PB accept the request. The applicant is waiving the 65 day benefit by asking for the 90 days. Allan Davis stated then the PB has 3 more meetings then to approve the applications. Bruce Jennings asked for clarification on the 90-day request which now gives the PB the full 90 days to make the decision.

A motion was made by Philip Porter to postpone consideration of Map 114, Lot 6 for 90-days. Michael wanted it clarified that the Board would agree to a 90 day extension but the case itself would be continued to the next meeting on December 4, 2008.~ The motion was amended as asked, seconded by Derek Tatlock and approved unanimously.

7:22 PM
Map 147, Lot 19, Jeffrey Bushey, DBA Double Diamond Café, Inc., 563 Route 103, Site Plan Review, Increase Operating Hours from 7am-2pm, to 5am-10pm.

Allen Davis opened the hearing by reviewing the previous PB approval for the operating hours as stated; now Mr. Bushey is requesting to extend the hours to include dinner.

Allen began to make a motion when it was pointed out to him that he needed to open the meeting to the public for discussion.

Brian Crawford, abutter, asked the PB to review the approved site plan regarding parking. He is concerned that the applicant has not been following the plan as approved, especially on the busy weekend hours, which has been causing a safety concern with his employees parking too close to the State Highway 103 intersection.

Allen Davis asked the applicant to review the parking issues as addressed. Jeffrey Bushey explained to the board that he had been advised by the previous owner that it was acceptable to have the vehicles park on the far corner of his property, allowing the parking lot spaces to be used for his customers.

Brian Crawford again asked for the PB to consider readdressing the parking issues as currently being used because of a safety issue. He had seen this also occur when the previous owner, Rosie’s was in business.

The applicant rebutted by stating that 12 additional parking spots were added since taking ownership, including adding an island to help define the parking spots.

Bruce Jennings reminded the PB that the applicant is not here asking for additional parking. The PB can not condone the parking other than what was presented and approved unless the applicant is asking for additional review that would alter the parking request as presented other than for the current issue which is requesting a change in hours of operation.

Roger Landry also reiterated that the applicant is requesting a change in hours of operation, not change in use. So unless the formula used to approve the original plan was incorrect, the PB must continue the hearing discussing the request as presented and move on from the parking concern issue.

Ed Frothingham, ZBA Alternate, asked what kind of business the applicant is going to have without a liquor license. The applicant responded by saying that a liquor license application has been made, but not yet approved however he already has approval from the police chief and fire chief.

A motion was made by Bruce Jennings to extend the hours of operation from 5am-10 pm in the evening, all other conditions as the previous site plan stand. The motion was seconded by Derek Tatlock, approved with one abstention (BJ).

7:45 PM
Adoption of Small Wind Energy Systems regulations.

Allen Davis reviewed the reason for the proposed regulations, listed the members of the committee who are Bob Henry, Alex Kish, Harry Gazelle, Bruce Jennings, Peter White, himself, and joined by Michael Marquise and Roger Landry, and outlined the sources used in preparing the draft. Allen advised the board that the final draft includes the application requirement of a special exception with the Zoning Board.

The PB reviewed the draft as presented. Both the Zoning Board and Planning Board made adjustments to some of the wording. There was great discussion over the term of buffering in which the boards agreed to remove the term “buffering” all together. Providing all the conditions are met in the application process, the Zoning Administrator will follow the process in presenting the application to the appropriate boards, prior to the issuance of the Certificate of Zoning Compliance.

Allen concluded by stating that the revisions as addressed by the board will be made and then the draft will be posted for public review. Michael reminded the board that there is one more workshop scheduled prior to the public hearing in December.

Allen closed the discussion by thanking the members of the ZBA for attending and announced that the PB is going to move onto the zoning regulations changes. ZBA members decided to stay and attend the discussion.

8:22 PM
2009 Zoning Amendments – First Draft.
Michael handed out copies of the amendments and then continued by reading each of the items as presented. The PB discussed each item as presented and asked members of the ZBA for their input when necessary.

The PB recommended changing a few of the regulations as follows:
        #3 – add additional wording prior to the next meeting.
        #4 – Remove the second sentence but not prior to legal council.
        #5 – amended to say . . . is permitted by right, and by special exception, in any district
#9 – Add the letter b between 4.33 and (8) to read Section 4.33(b)(8)(b)(i).
        #11 – the PB did not recommend including this item
        #12 – the PB did not recommend including this item
        #13 – clarify wording to say Conforming Uses . . . .

8:55 PM
MISCELLANOUS:

Michael asked the board chair to recognize a member of the audience, who is asking the board to consider two items to be reviewed. Katrina Hill was recognized and asked to continue.

The first item she presented is relative to setbacks that were changed at the last town meeting. She is asking the board to review their decision relative to a non-conforming lot and a conforming lot. The second item is relative to Accessory Apartments and is asking the board to consider adding wording directly relating to this in the ordinances. She described some of the wording from New London and Newbury.

Allen Davis suggested that the board accept the material as presented, to be reviewed and discussed at the next meeting.

9:15 PM - Allan asked for any additional comments from the audience.

Michael announced that the Sonja case will not be coming back to the board as they are pursuing the case legally.

Roger asked the board to consider changing their meeting date from the first Thursday of the month to the second Thursday. This would assist in the timing of the building permit process. The board will discuss the option and announce their decision at the next meeting.

9:22 PM – The meeting adjourned.

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

Submitted by, Maureen Brandon           Approved_____________________
Recording Secretary


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

______________________________          _____________________________
Bruce Jennings                                  Derek Tatlock

______________________________          _____________________________
Philip Porter                                   Peter White

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