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Planning Board Minutes 2006/02/02
TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
February 2, 2006



Roll Call
PRESENT:  
        Peggy Chalmers,Chairman
        Barbara Hollander, Vice Chairman
        Derek Tatlock
        Bruce Jennings
        Emma Smith, Ex-Offico
        Philip Porter, Alternate
        John Wheeler, Alternate

        Staff:  Michael Marquise, Planner
                   Roger Landry, Zoning Administrator
                   Darlene Morse, Secretary

ABSENT:
        Robert Rieseberg
        Allan Davis
        Frederick Gallup, Ex-Offico Alternate

OTHERS ATTENDING:
        Catherine Busheuff, Bruce Burdett, Flanders Family, Charlie Hirschberg, Paul & Judy Oquitadamo, George Neuwirt, Leo Dwyer, Van Webb, Tim Fluery, Representative from Osborne Sargent Land Trust, John and Patty Johnson, Mr. & Mrs. James Santos.

Meeting was called to order by Chairman Chalmers at 7:00 PM.  Chairman Chalmers asked that Philip Porter vote in the absence of Robert Rieseberg and that John Wheeler vote in the absence of Allan Davis.

The minutes of the January 5, 2006 meeting were reviewed.  Motion was made by John Wheeler to  accept the minutes as corrected.  The motion was seconded by Barbara Hollander.  The vote was 6 in favor and 1 abstention.  

P. Chalmers asked if Michael Marquise, Planner, had anything to address with the board.  He stated that he wanted to remind the board that the next meeting of the Master Plan is scheduled for February 16.  A representative from Upper Valley Lake Sunapee Regional Council will be present to assist the board with any questions or concerns.

M. Marquise reminded the board that Philip Porter needed to be reappointed as an alternate member to the Planning Board as his term expires March 14, 2006.  Motion was made by John Wheeler to reappoint Philip Porter as an alternate to the Planning Board for a three year term.  The motion was seconded by Derek Tatlock.  The motion carried unanimously.

        
PUBLIC HEARING/FINAL HEARING:

1.  Map 104, Lot 3 Tosmar Realty Corp., Holmes Lane, Parking Layout.  M. Marquise informed the board that the applicant would be arriving later in the evening.  This item will be taken up after the following two.

2.  Map 225, Lot 39 & 41, Jeffrey & Heidi North and Paul & Judy Oquitadamo, 11 Paradise Road, Property Line Adjustment – No New Lots.   M. Marquise informed the Board that the application was filed three weeks in advance, the fees were paid, abutters notices sent and the notice was posted.  The application meets the requirements of 6.04 of the subdivision regulations subject to waivers that are allowed in 6.05 (b) for entire boundary line survey, contours, utility lines and storm water drainage.  M. Marquise stated that he believed that all of those provisions could be waived.  Motion was made by John Wheeler to accept the application with the waivers as recommended by M. Marquise.  The motion was seconded by Philip Porter.  The motion carried unanimously.

Paul & Judy Oquitadamo were present to explain the request.  The purpose of the proposal is to square up the lines of the property the Oquitadamo’s own abutting that of Jeffrey & Heidi North and involved the exchange of 1/100th of an acre for .23 acres.  Parcel A will go to the Oquitadamos and parcel B to the Norths.  M. Marquise stated that he had no issue with the proposal.  Motion was made by John Wheeler to approve the property line adjustment.  The motion was seconded by Barbara Hollander.  The motion carried unanimously.

3.  Map 237, Lot 25, Mountain Home Development of Sunapee, LLC, Brook Road, Site Plan Review – 24 units PUD with 12 Duplex Homes.  M. Marquise informed the board that the application met the requirements of Article 5 of the Site Plan Review Regulations and Article 4.60 of the Zoning Ordinance with regard to a PUD.  The application was filed three weeks in advance, the fees were paid, abutters notices sent and the notice was posted.  M. Marquise recommended that two  items be waived that address toxic waste storage and hazardous materials.  Applications have been made to State agencies, such as the Dept. of Transportation, Dept. of Environmental Services, Site Specific and Wetlands Board.  M. Marquise feels that the plans as presented are complete.  Motion was made by John Wheeler to accept the application as complete with the exception of required state approvals that have not yet been received.  The motion was seconded by Derek Tatlock.  The motion carried unanimously.

Charlie Hirschberg presented the proposal.  He stated that the plans have been reviewed by the town department heads and no one has had any problems with it.  The Fire Chief requested cisterns for fire fighting purposes and these are incorporated into the plans.  The Road Agent, Tony Bergeron has reviewed the drives and road and did not have any objections.  The road is being built to town specifications should the town wish to take it over at some time.  The Police Chief has no issues with the proposal.  The State highway is finalizing the road access which will be onto Brook Road.  Charlie Hirschberg will be meeting with state officials regarding the septic systems.  Six leach fields are planned.  Planned are 12 duplex buildings with a total of 24 units.  The project is awaiting review for Site Specific.  
The road servicing the project is 1,125 feet in length to the cul-de-sac.  The drives to the buildings are 18 feet wide with two foot shoulders.  Five cars will be able to park at each unit.  The total area of the property is 37.4 acres and will leave 16 to 17 acres of undisturbed property.   This will be a condo form of ownership with 7-9,000 sq. ft. of common area.  The blue on the plan represents shallow ponds that will be used for drainage.  Philip Porter questioned the condition of the ponds during the summer season.  C. Hirschberg stated that the ponds are not designed to contain water year round and will probably drain in the summer preventing insect infestation.  C. Hirschberg explained the design of the ponds stating that the home owners would be responsible for the maintenance of them.  With regard to water, two units will share one well with a total of 12 wells for 24 units.  Four units will share a common leach field each.  Bruce Jennings asked who would be maintaining the wells and septics.  C. Hirschberg responded that this would be addressed in covenants.  B. Jennings asked what would become of the existing home.  C. Hirschberg stated that it would be removed.  B. Jennings raised discussion on density.  John Wheeler thought that the roads should be removed from the density.  A lengthy discussion followed on density of the property with regard to the road and drives.  M. Marquise will contact Town Counsel to obtain a definition of density and get his opinion on whether or not the roads should be included.  J. Wheeler stated that he thought the layout of the project was good.  Derek Tatlock stated that the developer should be commended for maintaining open space.  M. Marquise stated that he has no issues with the project and will get an answer from Town Counsel regarding the density question.  There were no comments from the public.  John Wheeler stated that he would like to see the existing house demolished before the project came back for final approval.  Philip Porter asked if there would be any illuminated signs.  C. Hirschberg stated that there would be one at the entrance with ground lighting.  All agreed to continue discussion for next month  as final approval stems on the opinion of Town Counsel, the receipt of the outstanding permits from the state, and the removal of the existing house.  Bruce Burdett asked if the board needed anything from the Conservation Commission with regard to the project.  M. Marquise stated that there would be a sign-off sheet.  M. Marquise informed C. Hirschberg that he will let him know what counsel’s opinion is on the density issue.

4.  Map 104, Lot 3, Tosmar Realty Corp., Holmes Lane, Parking Layout:  Jim Santos was present to discuss the proposal.  M. Marquise presented the new parking layout and Roger Landry explained how the spacing was arrived at.   He explained that a previous concern was that the vehicles were backing out onto Holmes Lane.  The lot is now set up so that only 50% of the street parking will have to back up and then it won’t be out into the street, but within the lot area.   Tony Bergeron, Road Agent, has reviewed the proposal and approves of it.  Motion was made by John Wheeler to approve the parking layout.  The motion was seconded by Barbara Hollander.  The motion carried unanimously.  

PUBLIC HEARING/PRELIMINARY HEARING

1.  Map 238, Lot 38, George Neuwirt, Nutting Road, Four (4) Lot Cluster Subdivision:  Charlie Hirschberg presented the plans for the cluster subdivision.  He stated that the purpose of the proposed layout was to keep the open space contiguous, the entire back portion of the property will remain open space, and the layout protects the brook corridor.  The property fronts on Nutting Road.  All lot frontages meet the 75 feet required in a cluster subdivision.  One house is presently on one of the lots.  C. Hirschberg has discussed three proposed driveways with the Road Agent.  One driveway will service two lots.  The Road Agent sees nothing wrong with the proposal.  C. Hirschberg asked the board if a leach field could be built in the buffer area.  M. Marquise stated he could see no reason why a leach field could not be built in the buffer, but that there should be a good vegetation cover.  John Wheeler suggested that low shrubs be planted to cover the mound created by the field.  Bruce Jennings suggested that a year round buffer be planted.  M. Marquise asked if a duplex was being planned for one of the lots.  C. Hirschberg stated that lot 3 would have a duplex.  The other three lots would be single family homes.  C. Hirschberg will return in March with final plans.

CONSULTATIONS

1.  Map 104, Lot 22, Leo Dwyer, Prospect Hill Road, Rebuild “Manor” to Create 16 Rental Units:  Leo Dwyer explained that he was looking at the property to possibly purchase it.  He stated that the building is in rough shape and he understands that it is non-conforming with regard to the Zoning Ordinance.  It contains an area of 13,200 sq. ft. and has 19 bedrooms.  The building also contains space for a store.   His plan would be to eliminate the commercial space.  He would tear down the rooming house wing.   He would put 2 units in the existing house.  He would save the barn   His plan would be to rebuild the wing and have two bedroom units over single bedroom units.  R. Landry stated that Mr. Dwyer would need to come before the Zoning Board for a variance before he could do any of what he is planning.  It was explained to Mr. Dwyer that the building is grandfathered in as a non-conforming use and that non-conforming use could not be increased.  It was believed that the building may contain 12 apartments.  If this is the case, this is the maximum that could be there.  Mr. Dwyer will come in to see Roger Landry to go over the history of the building to ascertain how many units are there at the present.

MISCELLANEOUS:

1.  Conservation Commission – Land Purchase:

Van Webb, Tim Fluery and a representative from the Osborne Sargent Preservation Trust, were present to inform the board of a transfer to a the Conservation Trust wishes to make.  The property is now owned by Richard Webb.  There are two lots, both 70 acres.  One lot is referred to as the Dane Lot and the second as the Harrison Lot.  Mr. Webb will sell both to the Osborn Sargent Trust who will be the primary easement holder.  The Sunapee Conservation Commission would be the back up easement holder.  The amount the commission will pay for both properties is $12,000.  This will cover surveying and closing costs.  The Conservation Commission obtained approximately $35,000 in current use penalties in 2005.  The $12,000 will come out of this fund.  The two properties combined are appraised for $370,000 total.  Osborne Sargent Land Trust will be responsible for stewardship and monitoring of the property.   The Conservation Commission is before the Planning Board to see what their feelings are about this plan.  It was unanimous that the board fully approved of the plan.

2.  John and Patty Johnson, 77 Route 11:  John and Patty Johnson appeared before the board on recommendation of Roger Landry.  The Johnson’s purchased property at 77 Route 11 which was formally an antique shop.  They would like to start a retail business on site to sell swimming pools, saunas, hot tubs, etc.  The Johnsons applied to R. Landry for a sign permit and were told that they should come before the Planning Board to see if Site Plan Review would be required for the change in the type of business.  The Johnsons live on site and may possibly employ two people other than themselves.  Upon review of the ordinance, it was determined that the Johnsons will have to make application for Site Plan Review.  R. Landry explained what they would be required to submit to the board.  

Meeting was adjourned at 10:30 PM.

NOTE:  The above minutes represents 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                          Derek Tatlock

____________________________            _________________________________
Robert Rieseberg                                Allan Davis

____________________________            _________________________________
John Wheeler, Alternate                 Emma Smith, Ex-Offico

____________________________            _________________________________
Frederick Gallup, Ex-Offico                     Philip Porter, Alternate