SUNAPEE PLANNING BOARD
MEETING MINUTES
DECEMBER 18, 2008
TOWN HALL
7:00 PM
Present: Peggy Chalmers, Chairman
Bruce Jennings
Derek Tatlock
Peter White
Emma Smith, Ex-officio
Michael Marquise, Town Planner
Absent: Allan Davis, Vice Chairman
Philip Porter
Frederick Gallup, Ex-officio Alternate
Roger Landry, Zoning Administrator
7:00 PM - The meeting was called to order by Chairman, Peggy Chalmers. Roll call was taken.
MINUTES:
The November 20th minutes will be reviewed and approved at the next meeting.
REVISIONS TO AGENDA:
There were no revisions to the agenda.
ADMINISTRATIVE MATTERS:
Michael handed the Board members informational material on Workforce Housing. Workforce Housing basically means that towns will need to allow opportunities to be developed within the framework of a municipality’s ordinances and regulations. The law takes effect July 1, 1009. He recommended to the Board members that they take the time to read the handout and possibly Senate Bill 342 to become more familiar with the requirements in the event that the board has a case before them in the future. Bruce will research the material on-line and have available for the other Board members.
7:22 PM
Public input on the amendments to the Town of Sunapee Zoning Ordinances.
Peggy announced the next item on the agenda. Michael handed out copies of the full amendments to the Board members and audience members that needed them.
It was decided that each amendment would be voted on separately instead of one vote for all the amendments. Peggy continued with the agenda item by announcing each amendment and giving a brief description on them.
Amendment #1 - Amend Article II, Section 2.30 - District Purpose and Description - add, thence along Route 11 too the intersection of Sargent Road, in the description of the Village District.
A motion was made by Peter White to move the amendment to the town ballot. The motion was seconded by Phil Porter and approved unanimously without further discussion.
Amendment #2 - Amend Article III, Section 3.40 - Additional Requirements -
add, For all new construction projects in the Rural-Residential and Rural Lands Districts, the existing 25’ vegetative buffer extending back from the state right-of-ways of Route 11, Route 103, and Route 103B shall be preserved. If no vegetation currently exists, then new plantings will be required, which shall include both trees and evergreen shrubs. Plantings preferably will be grouped, not evenly spaced and shall be located or trimmed to avoid blocking egress visibility. Driveways are exempt from this requirement.
A motion was made by Phil Porter to move the amendment to the town ballot. The motion was seconded by Derek Tatlock and approved unanimously without further discussion.
Amendment #3 - Amend Article III, Section 3.50 - Special Exceptions - add, it has received all required approvals from the Sunapee Conservation Commission, the New Hampshire Wetlands Board, and the NH Department of Environmental Services.
A motion was made by Derek Tatlock to move the amendment to the town ballot. The motion was seconded by Peter White and approved unanimously without further discussion.
Amendment #4 - Amend Article IV - Use Regulations and Amend Article IV, Section 4.10 - Permitted Uses - All Districts - add, Section 4.70 Small Wind Energy Systems and Meteorological Towers.
Peggy asked if there was anyone present that would like to comment or had questions on the amendment. She recognized Michael Durfor from the audience. Michael thanked the Board for their patience and proceeded with the following issues:
I. The first issue that Michael Durfor presented is the process of having to file for a Special Exception when the state statute does not require this.
Peter White and Alex Kish, ZBA Board member, both members of the Small Wind Energy Committee, explained that since the Town of Sunapee does not have a building inspector as outlined in the state statute, it is necessary that the Zoning Administrator perform the tasks to satisfy the state’s requirements.
II. Issue #2 was over the need to have a perimeter boundary survey by a licensed land surveyor as one of the requirements for the Special Exception. Since this is not a requirement from an applicant for any other type of accessory use application, he feels that this would be very costly to the applicant and not applicable to the application for a wind tower. The Board members discussed the option of rewording the section to accommodate the need of a survey without requiring the application to get a full perimeter boundary survey. Bruce Jennings suggested a plot map. It is often used in new construction to satisfy the location of the property and is less costly than a perimeter boundary survey.
Peter Urbach, ZBA member suggested that the amendment be reworded to accommodate the section of the perimeter that affects the fall zone area only.
After a lengthy discussion, the Planning Board members and the ZBA members present at the hearing agreed to reword section (E) Application Requirements (1) 1. to read: A perimeter boundary survey or plot plan by a licensed land surveyor, certifying the location of the tower and that the setback requirements of this section are met. The ZBA may require additional information.
III. Issue 3, Michael Durfor asked the board if the amendment restricts putting a tower on the roof of a house. Currently there is no wording in the amendment that specifically prohibits the tower to be placed on a roof of a house.
The board was unable to satisfy the question at this time and would seek legal council for their advice.
IV. Issue 4, he asked the board to clarify the requirement relative to sound level. The board agreed that a spec sheet provided by the manufacturer is sufficient to satisfy the requirement in Section E. (5).
V. Issue 5, he asked if the Planning and Zoning Boards have had a chance to review Section 4.20 - Prohibited Uses to see if it can be amended to allow the boards to react to specific requests even though it is not specifically permitted.
Alex Kish, ZBA member responded that legal council was advised and was told that it is worded constitutionally and no further discussion was asked of the attorney.
VI. Issue 6 pertained to when a member of a board that is also an abutter does not step down during the hearing. He feels that it puts a burden on the other members of the board as well as the applicant and other abutters. Currently the member of the board has the right to stay on during the hearing, however, the other members of the boards could encourage him/her to step down as a courtesy.
8:25 PM - Michael Durfor concluded with his issues and thanked the board for their consideration.
Before continuing to the other amendments, Peggy raised some additional issues with the current amendment. The board agreed to remove Section E. (1) 9.; discussed removing E. (1) 10 and 11 but decided to keep them and under Section E. (1) 12 & 14 the PB members agreed to add, If located within the fall zone, to the beginning of each sentence.
A motion was made by Phil Porter as amended to move the amendment to the town ballot. The motion was seconded by Peter White and approved unanimously without further discussion.
Amendment #5 - Amend Article IV, Section 4.10 - Permitted Uses - All Districts - add, Whenever a use is permitted by right or special exception in any district, it may be used in conjunction with any other permitted or special exception use in that district. All uses are subject to other provisions of this ordinance:
A motion was made by Bruce Jennings to move the amendment to the town ballot. The motion was seconded by Phil Porter and approved unanimously without further discussion.
Amendment #6 - Amend Article IV, Section 4.33 - Shoreline - Specific Provisions - bringing the town into compliance with the State.
A motion was made by Derek Tatlock to move the amendment to the town ballot. The motion was seconded by Phil Porter and approved unanimously without further discussion.
Amendment #7 - Amend Article IV, Section 4.33 - Shoreline - Specific Provisions - change (B)(6)(e) to (B)(7)(e) and add (d) Permits or waivers as required under RSA 483-B-1.
A motion was made by Bruce Jennings to move the amendment to the town ballot. The motion was seconded by Phil Porter and approved unanimously without further discussion.
Amendment #8 - Amend Article IV< Section 4.33 - Shoreline - Specific Provisions - add, In addition, on ponds, lakes or rivers, any cutting, or removal of natural vegetation must be by permit form (from) the New Hampshire Department of Environmental Services.
A motion was made by Bruce Jennings to move the amendment to the town ballot. The motion was seconded by Peter White and approved unanimously without further discussion.
Amendment #9 - Amend Article XI - Definitions - Conforming Use - add, Uses - Any uses that are . . .
A motion was made by Bruce Jennings to move the amendment to the town ballot. The motion was seconded by Emma Smith and approved unanimously without further discussion.
8:40 PM Hearing closed.
Peggy thanked the members of the ZBA for attending the meeting.
Michael reminded the PB members that the next meeting is scheduled for Thursday, January 8th, not the 1st.
8:43 PM - Meeting adjourned.
NOTE: The above minutes represent a summary of, not a verbatim of the tape.
Submitted by, Maureen Brandon Approved_____________________
Recording Secretary
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Peggy Chalmers, Chairman Allan Davis, Vice Chairman
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Bruce Jennings Derek Tatlock
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Philip Porter Peter White
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Emma M. Smith, Ex-Officio Frederick Gallup, Alt. Ex-Officio
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