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Planning Board Minutes 2007/08/02
TOWN OF SUNAPEE
PLANNING BOARD
MINUTES

August 2, 2007



PRESENT:                Peggy Chalmers, Chairman
                        Bruce Jennings
                        Philip Porter
                        Derek Tatlock   
                        Peter White
                        

ABSENT:         Allan Davis
                        Emma Smith, Ex-Officio

Meeting opened by Chairman Peggy Chalmers at 7:00 PM.

1.      Minutes of Last Meeting

Motion was made by Philip porter to accept minutes as corrected.  The motion was seconded by Derek Tatlock.  Vote was unanimous and the motion carried.  

Chairman Chalmers asked Michael Marquise if he had anything to report.  He asked if anyone had received the thank you card from Barbara Hollander.  The reply was that they had.  He also instructed the members regarding the control of the temperature of the meeting room and where facilities are located.  M. Marquise also handed another schedule of the master plan meetings.  He has also contacted Upper Valley and they are completing maps, which should be available by September.  M. Marquise also discussed zoning amendments, which should be ready by the end of September.  Discussion was held on Jeff Taylor who is assisting with the Master Plan.  P. Chalmers stated that the board would be talking with Jeff Taylor on the Vision Statement and reviewing it with the public.  She stated that J. Taylor feels very strongly that the land use portion of the master plan is important as to that what people want the use to be and what the present philosophy of the people is.  Jeff Taylor thought that it would be good to have a meeting on a Saturday morning to have the people come together to discuss this. P. Chalmers stated that she believed that Jeff Taylor would be available on Sept. 22.  Peter White asked if the board knew about a Planning Workshop, the Ausborne Workshop, in October regarding land use.  This is about protecting open land and identifying open space.  The session is to be held in October.  It is held to assist Planning Boards with how to deal with writing ordinances.  He will provide the Board with copies of the workshop. Peggy Chalmers asked if she should ask J. Taylor to provide maps as she did not want to  copy maps already being provided by UVLSRPC.  Michael Marquise stated that the Board has two copies coming from UVLSRPC  of maps containing steep slopes,

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August 2, 2007

wetlands, conserve lands, wetlands and agricultural lands. The Board agreed that Saturday, Sept. 22 would be a good day to have a public meeting with Jeff Taylor to discuss land planning and the Vision Statement.  

PUBLIC HEARING/FINAL HEARING

1.      Map 107, Lot 8 Sandra Bailey, 17 John Avery Lane -  Site Plan Review for Day Care with Maximum of 12 Full Time Children and 5 After School Children:  At the time no one was present to represent the proposal.  The Board moved on.


CONSULTATIONS

2.      Harry Gazelle – Proposed Subdivision:  Harry Gazelle brought before the Board a plan for a proposal to subdivide 50 acres.  The property contains a hotel and 2 ponds and swimming pool.  What he proposes to do is  subdivide the property and put half of it in current use to add this to the property he owns across the street. He was informed that this was possible to do.  The remaining property he would like to subdivide into three single dwelling units. H Gazelle stated that before attempting this he is asking the Board for guidance.  There are 4 existing driveways on the property. The property is zoned residential and that provides for one acre zoning.  The question involves an old town road, which Town Counsel said does not involve the land.  The property owner owns to the center of the road.  H. Gazelle would like to keep ownership of the front land, 5 acres, but  in order to pass it on he does not meet the 4 to 1 ratio, and is requesting permission to connect the land to a strip on the side.  This would have to happen in order to subdivide. The connection of the back acres does not meet the 4 to 1 ratio as required by the subdivision regulations.  Peggy Chalmers stated that it was the average of the property so it would still meet it. Michael Marquise stated that the whole piece should be looked at and is awkward but the frontage still meets the 75-foot requirement. Bruce Jennings noted that by allowing this would keep the current use status of the other property. Michael Marquise asked the Board if they would look at this as a 4 lot subdivision.  B. Jennings stated that they would need a subdivision merger prior on the big lot and then apply for a 3 lot subdivision.  B. Jennings asked if the Board could pre-approve a subdivision if a condition was made that if any of the lots were sold that the Inn would have to be torn down  so that it would be allowed to operate until that happened. Michael Marquise stated that the Board could pre-approve it but once the mylar was signed the lots could be sold.  Peter White stated that a line cannot be allowed through a building.  Derek Tatlock stated that the Inn would have to be moved back.  B. Jennings

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August 2, 2007

asked when the Inn is moved back would it become a commercial or residential building.   

Harry Gazelle responded that it would become a residence.  If operated as an Inn, it would  need to come back for a Site Plan Review.  H. Gazelle stated that it could be stated in the deed that it could not be operated on a commercial basis.  Philip Porter stated that he is not happy with the aspect of the arrangement in that the Board subdivides it as a 3 lot subdivision but the house is still there but should be conditional that the house is moved.  It was agreed that  if this were to be approved, that if in the future the 5 acre piece were to be sold it would have to be subdivided and would have to meet current regulations.  

RETURN TO PUBLIC HEARING/FINAL HEARING

Sandra Bailey:  Michael reviewed the application. It was filed in advance, abutters notices sent and it was posted. The application falls under the Site Plan Review Regulations and found the applications falls under Article 5, but only subsection D, as it is a home business,   M. Marquise feels that a few items need to be addressed but can be added.  State permits are included and with that he feels the application is complete. Motion was made by Philip Porter to accept the application as complete.  The motion was seconded by  Derek Tatlock.  The vote was unanimous and the motion carried.

It was explained that S. Bailey has been running a day care center for years and is going through the process for approval.  She now has 6 children who are in attendance. She is now seeking State licensing and needs to go through the Board for the licensing process.  She is in the Residential District. Peggy Chalmers expressed concern with the driveway location.  It was explained that not all children show up and are picked up at the same time.  Sandra Bailey is licensed by the State for 12 children and is planning on having 6 right now.  Philip Porter stated that having over 6 requires a staff of two.  He added that the State allows  12 full time children  and 5 after school children.  It was explained that it is what the State allows for her to be licensed but that it not what she is planning.  The hours of operation are 7:30 AM to 5:15 PM.  The hours are governed by the State by square footage of how many children she can have and it is  operated 5 days per week.  Fire and health inspections were done and were passed.  All State and local inspections will be provided for the office file.  Peter White asked if the State required special insurances for this. The response was that they did not because of the small capacity.  Bruce Jennings expressed concern that all parents did not arrive to pick up their children at the same time and hoped that can be staggered to avoid safety problems.   Motion was made by Bruce Jennings to approve the Site Plan Review subject to the understanding that parking becomes an issue in terms of picking up the children and Sandy Bailey will schedule this so that does not become a problem.  The motion

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August 2, 2007

was seconded by Philip Porter.  Michael Marquise wished to add that with regard to the sewer usage, this not become an issue and will be monitored.  It was added
to the motion that the design of the septic system not be exceeded as allowed by the State standards.  Vote was unanimous and the motion carried.

Mountain Home Developers, Brook Road

Bardon Flanders was present to represent his brother Robert Flanders. He explained that two or three months ago they came in and the Board allowed them to start their project to start the road.  The road is now in and they are requesting that the $10,000 required bond be released.  Michael Marquise explained that the bond was more for clean up problems.  The silt fence was an issue but has been cleaned up.  The Board agreed that since the problem has been taken care of the bond should be released.

B. Flanders presented a copy of the subdivision that provided for 24 units.  He is asking how many units could be built prior to the cistern being completed and the cul-de-sac.  B. Flanders has spoken with Fire Chief Ruggles and asked  for his opinion.  Chief Ruggles agreed that 4 units would be okay.  The Board requested a letter from Chief Ruggles stating this.  

B. Flanders stated that when the subdivision was designed it was created to have views. They would like to create the 4 units where a view is possible.  Bruce Jennings expressed concern on how many trees would be cut to create a view.  B. Flanders stated that some of the trees may be a hazard and should be cut  down.  The trees lay on common land.  B. Flanders is requesting approval to remove the trees and replace them with others.  Michael Marquise stated that the State would have to address this with regard to their original permit.   B. Flanders stated that his contractor is taking care of this.  Peggy Chalmers expressed concern about the impact to the surrounding properties. She feels that an amendment is needed to the landscape plan.   Philip Porter felt that abutters should be informed as well.  Bruce Jennings expressed concern about how the community will perceive the development. B. Flanders stated that it should not be seen by abutters.  Michael Marquise recommends that the visual terms and run off terms could be enough should come back as an amendment with drawings.  B. Flanders agreed that he will come back with an amended landscape plan.  

MISCELLANEOUS

Appointment of Vice Chairman was discussed.  Motion was made buy Philip Porter to nominate Allan Davis as Vice-Chairman.  The motion was seconded by Bruce Jennings. The vote was unanimous and the motion carried.  



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August 2, 2007

Meeting adjourned at 9:30 PM.

Submitted by,  Darlene Morse                    Approved_____________________

______________________________          _____________________________
Peggy Chalmers, Chairman                                Allan Davis, Vice Chairman

______________________________          _____________________________
Philip Porter                                           Derek Tatlock

______________________________          _____________________________
Bruce Jennings                                  Peter White

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