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Planning Board Minutes 2007/04/05
TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL

April 5, 2007


PRESENT:                Peggy Chalmers, Chairman
                        Barbara Hollander, Vice Chairman
                        Philip Porter
                        Derek Tatlock
                        Allan Davis
                        Michael Marquise, Town Planner
                        Roger Landry, Zoning Administrator
                        Darlene Morse, Recording Secretary

ABSENT:         Bruce Jennings
                        Emma Smith, Ex-Officio
                        Greg Vigue, Alternate
                        Frederick Gallup, Ex-Officio Alt.

OTHERS PRESENT:  Ron Verblauw, Clayton Plant, Michael Chiarella, John Chiarella, Peter White, Charlie Hirschberg, Mark Halloran, Walter Maroney, Friedrick Mosckor, Michael Durfor, Tim Fleury, and Van Webb.

The meeting was opened by Chairman Chalmers at 7:07 PM.

Peggy Chalmers signed an amended decision sheet for subdivision approval originally received in the name of Ella Flanders signed March 13, 2006.   The amended decision sheet reflects the new owners, Mountain Home Developers of Sunapee, LLC.

The minutes of the March 1, 2007 meeting were reviewed.  Motion was made by Philip Porter to approve the minutes as corrected.  The motion was seconded by Barbara Hollander.  The vote was four in favor.  Allan Davis abstained as he was not present at the meeting.  The motion carried.

Michael Marquise introduced Peter White and explained that P. White was interested in becoming an alternate to the Planning Board.  P. White related to the Board that he was a member of the Zoning Board of Adjustment for 12 years.  This past year he was involved on the committee that studied the withdrawal from SAU #43.  Both Roger Landry and Michael Marquise recommended that P. White be appointed as an alternate.  Motion was made by Barbara Hollander that the Board appoint Peter White as an alternate to the Sunapee Planning Board.  The motion was seconded by Allan Davis.  The vote was unanimous and the motion carried.


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April 5, 2007

PUBLIC HEARING/FINAL HEARING

1.  Map 147, Lot 19:  Rosemarie Digilio & Doug McCahon Site Plan Review, Setting up a trailer for the sale of soft serve ice cream adjacent to the existing parking lot.  563 Rte. 103, Continuation: There was no one present to represent this case.  This will be kept open until the end of the meeting.

2.  Map 132, Lot 17:  Round Rock Properties, Inc. Site Plan Review – Convenience Store, Gasoline Sales & Eating Facility with 31 interior seats and 39 exterior seats.  474 Rte. 11 – Continuation:    Charlie Hirschberg was present to continue discussion on the proposal.  P. Chalmers stated that the Board would be interested in an explanation of parking and lighting.  C. Hirschberg explained that the driveway permit was applied for with the NH Department of Transportation.  The property owners originally planned the driveway with 2 lanes.  The DOT however, requested an entrance and a separate exit with an island.  This would provide for narrower lanes.    Allan Davis questioned how trucks would enter the lot if it were so narrow.  C. Hirschberg responded that he would measure the radius and report back to the Board.  Peggy Chalmers agreed with A. Davis citing the difficulties the possible island might give and asked C. Hirschberg to relate to DOT the Planning Board’s desire to remove the island from the plan.  With regard to parking, 35 spaces will be provided (only 34 are needed).  Six of the spaces are delegated to employees. Two parking spaces will be designated as handicapped.  C. Hirschberg explained that the outdoor seating is now planned to be 20 seats and not 39 as originally planned.  The owner still wishes to provide 31 seats in the interior.  The curbing in the lot has been removed and now the plans call for wheel stops which can be removed for plowing purposes.   C. Hirschberg explained that all of the lights will be directed toward the ground.  Two gas pumps are planned.  These will be placed under a canopy.  Lighting at the gas pumps will also be “down” lighting.   Allan Davis expressed his concern that the lighting may show outside of the property lines.  C. Hirschberg explained that he can do conventional lighting with a modern cylinder if this would be more acceptable.  C. Hirschberg explained that the drainage from the property is directed to the front catch basins.  The total area of the property is 9 acres.  He explained that the pavement will be resurfaced.  The project is under 100,000 sq. ft. so will not require a permit from DES for Site Specifics. With regard to seating, C. Hirschberg explained that interior seating originally in the amount of 10 to 15 seats, is now proposed to be 31.  This has been approved by the Fire Chief and Zoning Board of Adjustment.  The proposed hours of operation are 5:00 AM to Midnight.  With regard to landscaping, C. Hirschberg explained the plans showing the proposed shrubs and trees along the retaining wall.  Plantings are also planned around the boundary line.  These will include flowering plants.  C. Hirschberg stated that the store/restaurant will use the existing sign on the property.  C. Hirschberg was asked if the DES was going to continue to require that the monitoring wells be tested.  He responded that the state will require continued monitoring.  P. Chalmers asked that C. Hirschberg ask the DES for a letter to that effect.  The Planning Board would also like to see the monitoring wells placed on the plat.  C. Hirschberg will
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April 5, 2007

do this.  Friedrick Moscker, Attorney for an abutter, question where the toxic run offs would be drained.  He feels this should be addressed in order to protect the water supply.  C. Hirschberg responded that the run off will be collected in a trough especially  designed for spills.  This is required and will be under the canopy.  F. Moscker asked where the spills would go when leaving the trough.  C. Hirschberg responded that spills kits are required and these will be on site.  Once leaving the trough, spills will be drained to sumps to a retention pond.  F. Moscker asked if any studies had been done on toxic run off and the quantity of the spill offs.  C. Hirschberg explained that DES bases the size of the trough(s)  according to the size of the facility.  He added that DES does follow EPA requirements which require that spills of 25 gallons or more must be reported to DES and EPA.  

Walter Maroney, attorney for the property owner, stated that he wished to get the discussion back to Planning Board issues.  The concern for run off and water quality is a DES issue.  C. Hirschberg has met with the Conservation Commission and the proposal meets with their standards.  F. Moscker stated that he believes it is the duty of the Planning Board to protect the health of its citizens.  Peggy Chalmers stated that the Planning Board cannot rule on toxins as they do not have the expertise.  

Peggy Chalmers outlined items needed to be addressed at a future meeting as:

-       change lighting to modern cylinder (cut off design)
-       Letter from DES stating approval of the gas pumps
-       Letter from DES approving monitoring wells
-       Monitor wells will be located on the plat
-       Receipt of a driveway permit from DOT
-       Receipt of approval of the drainage from DES
-       Hours of operation to be 5:00 AM to Midnight
-       There will be no outside music on the property
-       No outside music allowed will be noted on plat
-       Outside seating is limited to 20.  This will be noted on plat.
-       The flare radius on the entry will be adjusted to accommodate large trucks
-       DOT will be informed that the Sunapee Planning Board disagrees with the addition of an island and would like to see it removed from the plan.

Motion was made by Allan Davis to approve the Site Plan Review for Round Rock Properties, Inc., Map 147, Lot 17 with conditions as noted by Peggy Chalmers.  The motion was seconded by Philip Porter.  The vote was unanimous and the motion carried.

3.  Map 210, Lot 9:  New Liden Realty Trust – Fieldstone, 12 Lot subdivision and one open space area.  Trow Hill Road – Continuation:  Charlie Hirschberg was present to represent New Liden Realty.  He stated that he wished to update the Board on
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April 5, 2007

the progress of the subdivision.  C. Hirschberg related that  in February  the planned road was 1,800 feet long with a 600 foot cul de sac.  The road is actually 1,500 feet long.  C. Hirschberg has met with the Conservation Commission.  The open space area is now 27 acres and the Conservation Commission has signed off on the wetlands.  C. Hirschberg explained that this open space 27 acre parcel will be turned over to the Town.  Van Webb and Tim Fleury of the Conservation Commission were present and voiced their approval of the project.  C. Hirschberg reported that he has met with the Road Agent and he is agreeable to the road.  He has also met with the Fire Chief.   The Fire Chief is requiring the placement of four 30,000 gallon cisterns.  C. Hirschberg asked why the Fire Chief is requiring 30,000 gallon tanks when the Chief normally approves 20,000 gallon tanks.  Roger Landry stated that this would be placed on the agenda for the April 12th meeting between the Planning Board, the ZBA, the Conservation Commission and the Board of Selectmen.  

C. Hirschberg explained that drainage will be toward the vegetative areas of the property.  Round Rock Properties has received permission from the Conservation Commission and ZBA to cross wetlands.  Driveways are shown on the plat.  Culverts for the road will be 50 feet wide and arched in shape.  

C. Hirschberg further explained that Site Specific has been applied for through DES.  He has been told it will be up to 4 months before they hear from the State.  The application for wetlands has also been filed with the DES.  The present plans show the view easements which do not allow construction of structures.  There are a total of 11 lots (not including the 27 acre open space area).  All lots are over 3 acres.  The road is 22 feet wide with 2 foot by 5 foot shoulders.  C. Hirschberg stated that he can say with all certainty that the Town will be given the 27 acres of open space.

Michael Marquise stated that he has reviewed the proposal and finds all plans acceptable.  

Van Webb stated that the Conservation Commission is very excited about being offered the 27 acre parcel.  The parcel abuts the Webb/Flint lot and will provide access to it.  The Conservation Commission plans to include the 27 acre parcel as a part of the Town Forest.  Walter Maroney, attorney for the property owner, stated that he also can say with certainty that it is the intention of the property owner to give the open space area to the town.  

Mark  O’Halloran asked that if a fire should occur in the neighborhood, outside of the subdivision, would the Fire Department be able to drawl water out of the subdivisions cisterns?  C. Hirschberg stated yes, adding that  he felt this was the normal practice.  The question arose on who maintained the cisterns.  Motion was made by Allan Davis to approve the application as submitted acknowledging that the length of the road is 1500 feet.  The motion was seconded by Derek Tatlock.  Michael Marquise noted that the motion should include a bond amount for the road construction.  This is usually 110%
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April 5, 2007

of total construction cost.  A. Davis added to his motion that a bond be required in the amount of 110% of the total construction cost of the road and that this amount will be determined by Town Planner, Michael Marquise. D. Tatlock amended his second to include this.  The vote was unanimous and the motion carried.  

4.  Map 225, Lot 13:  Jolyon Johnsn, Minor Two Lot Subdivision, Youngs Hill Road:   Michael Marquise informed the Board that the application was filed three weeks in advance, the fees were paid, abutter’s notices sent and the notice was posted.  The application falls under the requirements of 6.04 of the Subdivision Regulations subject to waivers that are allowed in 6.05 (b), the mapping of existing contours, existing utilities, plans for storm water drainage and plans for water supply.  Although one lot is less than 5 acres, there is an existing septic on the lot and therefore does not require state approval.  Motion was made by Allan Davis to accept the application with the waivers as recommended by Michael Marquise.  The motion was seconded by Philip Porter.  The vote was unanimous and the motion carried.   Clayton Plant was present to represent J. Johnson.  He explained that J. Johnson has purchased the property  because it abuts his farm.  His plans are to sell the farmhouse on the property with 3.4 acres.   He will retain the remaining 20.4 acres.  Motion was made by Philip Porter to approve the application.  The motion was seconded by Barbara Hollander.  The vote was unanimous and the motion carried.

5.  Map 133, Lot 87:   Sunapee Harbor Riverway, 72 Main St.,  Site Plan Review; Additon of music entertainment:  Ron Verblauw, President of the Riverway, was present to discuss the proposal.  He explained that Sunapee Harbor Riverway was given permission to allow music in Pete’s Shed almost one year ago.  This never occurred.  R. Verblauw stated that the Riverway would like now to be able to have musicians perform at Marzelli’s.  This will not interfere with parking.  The atmosphere would be that of a coffee house.  Entertainment would be held on Friday until 9:00 PM.  R. Verblauw informed the Board that there are tenants who live above Marzelli’s that have small children.  Therefore, the music would not be loud.  Motion was made by Philip Porter to approve the Site Plan Review application.  The motion was seconded by Allan Davis.  The vote was unanimous and the motion carried.

CONSULTATIONS

1.  Map 138, Lot 38:  Verizon/Myrtle Wiggins, Cellular Tower, 15 Stagecoach Road:  Michael Marquise informed the Board that Carl Gehrig, attorney for Verizon, had called earlier today to request that this be postponed to the May meeting.  This will be placed on the agenda for the May 3rd meeting.

2.  Map 129, Lot 43:  James Cruise, Sunapee Center, Phase II, Sargent Road:  Charlie Hirschberg informed the Board that a letter of credit has been issued by the bank for Phase II of the project.  This phase involves construction of the second large building.  
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April 5, 2007

C. Hirschberg updated the Board on the cost estimates which did not include blasting.  Phase I is now finished.  A credit line is still being held by the bank for Phase I.   Michael Marquise stated that he reviewed the letter and is comfortable with the amounts.  Motion was made by Allan Davis to accept the letter of credit for Phase II, Sunapee Center.  The motion was seconded by Derek Tatlock.  The vote was unanimous and the motion carried.  

MISCELLANEOUS

1.  Map 211, Lots 12 to 15:  Cooper Street Partners, Route 11, Merger:  Michael Marquise informed the Board that he feels the merger is a good thing for the town.  This was a part of an old subdivision where some of the lots did not contain road frontage.  M. Marquise informed the Board that  Cooper Street Partners plans to merge the property, then re-subdivide to give each lot road frontage.  Motion was made by Allan Davis to sign the merger.  The motion was seconded by Philip Porter.  The vote was unanimous and the motion carried.

2.  Map 218, Lot 42:  Sandra Webb, Apple Hill Road, Final Approval and Mylar Sign-Off:  Roger Landry explained that the property was subdivided in mid 2006.  The mylar was never recorded because Sandra Webb had not received  permission to cross wetlands from the Sunapee Zoning Board.  At the 2007 Town Meeting an amendment to the Zoning Regulations was approved.  This amendment does not require an applicant to receive ZBA approval for crossing wetlands.  Only state approval is now required.  Therefore, S. Webb is requesting that her mylar be signed so that it may be recorded.  The Board signed the mylar.

3.  Map 133, Lot 25:  Sandra Rowse, Knowlton House, 63 Main Street, Statement of Property Usage:   Sandra Rowse has requested that she be allowed extra hours to have the tea room at the Knowlton House.  The hours would be 1 PM to 5 PM.  These would be the hours only when the house is not being used by others.  Motion was made by Allan Davis to approve the Statement of Property Usage submitted by Sandra Rowse.  The motion was seconded by Barbara Hollander.  The vote was unanimous and the motion carried.

4.  Map 147, Lot 19:  Rosemarie Digilio & Doug McCahon  - Site Plan Review: Michael Marquise asked the Board what they wished to do about the application submitted by Doug McCahon and Rosemarie Digilio.  Motion was made by Allan Davis to deny the application without prejudice.  The motion was seconded by Philip Porter.  The vote was unanimous and the motion carried.  

5.  Michael Marquise reminded the Board that Jeff Taylor would be at the next Master Plan Review meeting to discuss  designing a Charrette.  Ideas for a Charrette would come from reviewing the minutes and survey results.  It was agreed that Jeff Taylor would be
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April 5, 2007

asked to come to the May meeting rather than the April 19th meeting since the surveys have not gone out yet.  The vision statement was discussed.  All of the Board members will think about what they feel should be addressed in the vision statement.  This will be discussed at the April 19th Master Plan Review meeting.  

The meeting adjourned at 9:50 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,  Darlene Morse                    Approved____________________

______________________________          ____________________________
Peggy Chalmers, Chairman                                Barbara Hollander, Vice Chairman

______________________________          ____________________________
Bruce Jennings                                  Allan Davis

______________________________          ____________________________
Derek Tatlock                                   Philip Porter

______________________________          ____________________________
Emma Smith, Ex-Officio                          Frederick Gallup, Alt. Ex-Officio

______________________________
Greg Vigue, Alternate