TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
March 2, 2006
Roll Call
PRESENT:
Peggy Chalmers, Chairman
Barbara Hollander, Vice Chairman
Derek Tatlock
Bruce Jennings
Philip Porter,Alternate
Staff: Michael Marquise, Planner
Roger Landry, Zoning Administrator
Darlene Morse, Secretary
ABSENT:
Robert Rieseberg
Allan Davis
Emma Smith, Ex-Offico
John Wheeler, Alternate
Frederick Gallup, Ex-Offico, Alternate
OTHERS:
Raymond Teague, Michael Durfor, RonVerblauw, Edythe Dexter, Charles Hirschberg, Wayne McCutheon, Robert Flanders, Randy Richards, Donna Gazelle, Bernard Wilkes, Heather Downey, Joseph Downey and John Scott.
The meeting was called to order by Chairman Chalmers at 7 PM. Chairman Chalmers asked Philip Porter to vote in place of Robert Rieseberg.
The minutes of the February 2, 2006 meeting were reviewed. Motion was made by Barbara Hollander to accept the minutes as corrected. The motion was seconded by Philip Porter. The motion carried unanimously.
P. Chalmers asked if Michael Marquise, Planer, had anything to address with the board. M. Marquise stated that he did have four items as follows:
A. M. Marquise presented the Board with a notification of an Office of State Planning conference for planning and zoning board members scheduled for April 1. He stated that anyone interested should contact him and he will get them a full copy of the packet provided by OSP.
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B. M. Marquise reported that he had received a new Planning Board handbook for officials. This can be down loaded from the site or a copy can be requested at the price of $5.00 each. He will retain the copy he received in the office for reference.
C. With regard to Master Plan meetings, M. Marquise distributed an agenda of goals and meetings. The next meeting will be a round table discussion with review of the 1998 Master Plan to discover what has been implemented and what has not and if not, why.
D. M. Marquise informed the Board that the site plan revisions need to be looked at and he plans on having a public hearing some time in April or May.
The hearings were opened by Chairman Chalmers at 7:15 PM.
PUBLIC HEARING/FINAL HEARING:
1. Map 237, Lot 25, Ella Flanders, Continuation, 119 Brook Road, Subdivision – Review on Full PUD Configuration. Charlie Hirschberg was present to represent Ella Flanders’ continuation. M. Marquise stated that he emailed the Town’s counsel with regard to taking out the road as density and counsel stated that he felt this was more a planning decision than a legal decision as cluster regulations do not address using roads as a part of density. In short, counsel felt the road should not be taken out of density. Therefore, that means that the application stands as is with the 24 units. M. Marquise also reported that he has heard from all town departments and none have a problem with the proposal. C. Hirschberg stated that all
state permits are on file but he has not received the approvals as of yet. P. Chalmers reviewed the items discussed previously. In addition to the question of the road density, the board also requested as conditions, one was the receipt of a copy of the covenants on the maintenance of the wells and septic. Rob Flanders responded that those have been sent to the Town’s attorney. P. Chalmers also informed of another condition that the existing home on the property would be removed. The last items were receipt of copies of the required state permits. Motion was made by Philip Porter to approve the application Ella Flanders on Map 237, Lot 25, 119 Brook Road, with the conditions that all state permits be received, the town receive a copy of the covenants on the maintenance of the wells and septic and that the existing house be removed from the lot. The motion was seconded by Barbara Hollander. The vote was unanimous
and the motion carried.
2. Map 136, Lot 7 Richard and Doris Raps, 179 Burkehaven Road, lot line annexation/boundary line agreement. 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 boundary line survey, contours, utility lines and storm water drainage. He did note, however, that the contours did exist on the plan provided to the Board. Roger Landry noted that the plan contained
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the old map and lot number and thought this should be corrected. Also R. Landry noted that the acreage on Lot #1 should be corrected. Discussion was held on the differences on the two plans submitted by the applicant. M. Marquise stated that the Board should be concerned with the first map, which is the correct map. The second map is not required by the Town for approval. R. Landry stated that he still felt the two plans should be corrected so that they will match adding that the dimensions on both maps are different. M. Marquise stated that he felt this was irrelevant to the approval of the proposal. Motion was made by Philip Porter to accept the application as complete and to waive the requirements for storm water calculations and utilities. The motion was
seconded by Derek Tatlock. The vote was unanimous and the motion carried.
Richard Raps was present to discuss his proposal. He owns 3 + acres and would like to subdivide it into two parcels of 1.87 acres and 1.28 acres. He then plans to build a single family home on the 1.28 acres. Bud Wilks, also of Burkehaven, was present. He first stated that he did now know why he did not get a notice of the meeting because he feels he is an abutter. Mr. Wilkes then asked if there was enough property to subdivide it for the motel and one residence. P. Chalmers explained that the motel’s units were not considered dwelling units. R. Raps stated that he no longer had any kitchenettes in any of the motel units. Mr. Wilks expressed concern with the possibility of the septic system leach field being too close to wetlands. R. Landry pointed out from the
plan that the proposed system was 100 feet from any wetland. It was asked where the new home would be built. R. Raps explained that the present tennis court would be torn up and the new home would be built on that section of the property. Bruce Jennings asked what the minimum lot size required in the zone was. M. Marquise stated that it was 1 acre. M. Marquise stated that he saw no problems with the proposal. Motion was made by Bruce Jennings to approve the two lot subdivision on Map 137, Lot 7 of property of Richard and Doris Raps at 179 Burkehaven Road. The motion was seconded by Philip Porter. The vote was unanimous and the motion carried.
3. Map 138, Lot 48, Raymond Teague, 102 Edgemont Road, lot line annexation/boundary line agreement.
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 also noted that the zoning district has been corrected on the map. Motion was made by Philip Porter to accept the application as complete with the waivers as outlined by M. Marquise. The motion was seconded by Barbara Hollander. The vote was unanimous and the motion carried.
Surveyor Wayne McCutheon was present to explain the proposal. It is proposed with the adjustment that 14 hundredths of an acre would be added to the northern portion of the
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property owned by Arthur and Catherine Porter and would change the line on the John Wiggins property so that the property boundary would not go through the corner of the garage. This would correct it so that the building would be entirely on the Wiggins property. P. Chalmers explained that although setbacks would still not be met, it would make the lot less non-conforming. R. Landry stated that he felt that a variance should be applied for since the building would not be the required 10 feet from the property boundary. M. Marquise did not agree. He felt the lot would be in more compliance and should not be required to go before the ZBA. Bruce Jennings and Peg Chalmers agreed with M. Marquise. M. Marquise did request that something should be received to put into the file stating
that John Wiggins and Arthur and Catherine Porter agree with the boundary line annexation/property line adjustment. This was requested of Mr. Teague. Motion was made by Bruce Jennings to approve the lot line annexation/boundary line agreement of Map 138, Lot 48, property of Raymond Teague with the condition that something be retained for the file stating that John Wiggins and Arthur and Catherine Porter agree with the proposal. The motion was seconded by Derek Tatlock. The vote was unanimous and the motion carried.
4. Map 226, Lot 22, Heather & Joseph Downey, 207 Young’s Hill Road, two lot subdivision: 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 boundary line survey, contours, utility lines and storm water drainage. M. Marquise feels that the application is complete with the waivers as noted. Motion was made by Bruce Jennings to accept the application as complete with the waivers as noted by Michael Marquise. The motion was seconded by Philip Porter. The vote was unanimous and the motion carried.
The plan was presented by Heather and Joseph Downey. John Scott, abutter, requested further information on where a new house would be located and where the septic system would be set up. Roger Landry showed Mr. Scott the proposal. The property would be divided into lot lots. One lot would contain 18.5 acres and the second lot 1.53 acres. Heather Downey explained that they are subdividing so that her parents may put a modular home on the 1.53 acres and live nearby. The existing driveway will serve both lots. Philip Porter asked if the driveway would be considered a road since it would service two residences. Peg Chalmers explained that the ordinance allowed a driveway to service two homes and would not be considered a road. M. Marquise asked if state subdivision
approval had been received. Heather Downey replied that they have applied for this but have not received anything yet. John Scott asked if the Downey’s had future plans for the driveway. H. Downey replied that they did not at this time. M. Marquise recommended approval on the condition of receipt of state septic and subdivision approval. Bruce Jennings inquired about the deeding of the existing driveway. M. Marquise stated that this would be taken care of through the deeding process. Motion was made by Bruce Jennings to approve the subdivision of Map 226, lot 22,
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property of Heather and Joseph Downey on the condition of receipt of state subdivision and septic system approval. The motion was seconded by Philip Porter. The vote was unanimous and the motion carried.
5. Map 238, Lot 38, George Neuwirt, Nutting Road, four lot cluster subdivision: 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 regulations. No waivers should be applied for or awarded. M. Marquise feels the application is complete. He did note that the final survey plan needs a block for signatures and recording information. 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.
Charlie Hirschberg explained that all of the lots come off of Nutting Road. Also all departments have reviewed the project and have signed off. The Road Agent has given permission for 3 driveways. One driveway will service two lots. At least one half of the property has been retained for open space. The stream on the property is being protected and they have maintained 100 feet setback from any wetlands. Discussion was held on the proposed zoning amendment going before the voters at this up coming Town Meeting which would allow a 75 foot setback from wetland for septic systems. The Town’s regulations currently require a 100 foot setback. C. Hirschberg stated that either could be met. If the regulation remains at 100 feet, the septic system on Lot 38-3 will be
buffered by shrubbery. Bruce Jennings asked how far from the road was this system. C. Hirschberg stated that it was 25 feet to the edge of the pavement. C. Hirschberg stated that the project still needs to go to the state for state subdivision approval. Peggy Chalmers asked if these would be single homes or duplexes. C. Hirschberg stated that there would be one duplex as this is what the zoning requires. This will probably be placed on Lot 38-3. M. Marquise recommended that a note be placed on the plan stating that only one duplex is allowed. C. Hirschberg stated that each lot will have a well on site. P. Chalmers again inquired about the shrubbery for the built up system. C. Hirschberg stated that if the regulation for setback remained at 100 feet, he will provide shrubbery to help cover the built up septic system. These will probably be evergreens not over 4 feet in height. Roger Landry stated that if
the driveway for Lot #4 crosses wetland, C. Hirschberg will have to go before the Zoning Board for a variance. M. Marquise stated that would be a building permit issue and did not have anything to go with Planning Board approval. Motion was made by Bruce Jennings to approve the cluster subdivision on Map 238, Lot 38 on property of George Neuwirt with the conditions that only one duplex be built on the property and on lot 38-3, the septic system will be buffered with shrubbery should the 100 foot setback for systems remain after the vote of Town Meeting. This shrubbery will not be taller than 4 feet. Also, the location of all septic systems will be shown on a supporting plan. The motion was seconded by Philip Porter. The vote was unanimous and the motion carried.
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6. Map 133, Lot 91, Sunapee Harbor Riverway/Mike Durfor, 31 River Road, Site Plan Review, Dance Studio/Gymnastics/Retail Center: Mike Durfor explained that plans have changed slightly for the use of the building since he last approached the Board. Riverway has since been asked if they might rent the basement section. He stated that a new floor has been poured. Nothing definite has been set right now but they would like to have the option to use this space if possible. Discussion was held on parking and the various businesses Riverway would like to see in the building. The building now provides 36 spaces for parking. M. Durfor supplied the Board with copies of what Riverway feels the building could be used for and what the demand for parking would be. Copies of
this information is attached to the permanent file copy of these minutes. M. Durfor stated that Riverway is looking at possibly having two businesses upstairs and two on the basement level. The attic will be retained for storage. Hours of operation were discussed. Peggy Chalmers is concerned with what might happen and discussed possibly requiring that a letter be sent to the Planning Board to inform them of what will be moving into the building. M. Marquise stated that he agreed and that allowing retail provides no boundaries or limitations. M. Marquise suggested that Riverway be required to fill out a Statement of Property Usage and should entertainment ever be thought of being held in the building, then they should consult with the Board before allowing this. Bruce Jennings asked how much space the building would have available for rent. The response was 4300 sq. ft. Motion was made by Barbara Hollander that the Planning
Board approve the use of 4300 sq. ft. for retail with subordinate uses such as office space, a dance studio, food service and meeting space not to exceed the use of 36 parking spaces and the hours of operation will be 7 AM to 11 PM. The motion was seconded by Philip Porter. The vote was unanimous and the motion carried.
CONSULTATIONS
1. Map 133, Lot 93, George Quackenbos – Soo Nipi Realty, Convert sweet shop to a seasonal real estate office: George Quackenbos was present to see if the Board felt he needed to apply for site plan review because he wants to change the use of his current building from a sweet shop to a seasonal real estate office. He has no intention of doing any changes to the building. The building is not heated so that is why it will be seasonal. He plans on employing 4 people. Roger Landry recommended that Mr. Quackenbos fill out a Statement of Property Usage and not come before the Board for site plan review. The building is 1,000 sq. ft. and is serviced by town water and sewer. The acreage of the lot is .27 acres. Motion was made by Barbara Hollander to require
that property on Map 133, Lot 93 of Soo Nipi Realty fill out a Statement of Property Usage form to change from a sweet shop to a real estate office. The motion was seconded by Philip Porter. The motion carried with three votes in favor and two abstaining.
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MISCELLANEOUS
1. Map 103, Lots 2 & 3, William Stockwell, 96 Oak Ride Road, merger: M. Marquise stated that this would make the property less non-conforming. Motion was made by Philip Porter to sign the merger. The motion was seconded by Derek Tatlock. The vote was unanimous and the motion carried.
2. Bruce Jennings raised discussion on the past Master Plan meeting with Tara Bamford of UVLSRPC and her opinion of a cluster subdivision. Discussion was also held on the possibility of charging extraction fees.
The meeting adjourned at 10:10 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_____________________
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Peggy Chalmers, Chairman Barbara Hollander, Vice-Chairman
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Bruce Jennings Derek Tatlock
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Robert Rieseberg Allan Davis
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John Wheeler, Alternate Emma Smith, Ex-Offico
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Frederick Gallup, Ex-Offico Philip Porter, Alternate
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