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Planning Board Minutes 2006/04/06
TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
April 6, 2006


Roll Call
PRESENT:
        Peggy Chalmers, Chairman
        Barbara Hollander, Vice Chairman
        Derek Tatlock
        Bruce Jennings
        Philip Porter
        Allan Davis
        John Wheeler, Alternate

        Staff:  Michael Marquise, Planner
                   Darlene Morse, Secretary

ABSENT:
        Emma Smith, Ex-Officio
        Frederick Gallup, Ex-Officio, Alternate

OTHERS:
        Ronald Verblauw, Catherine Busheuff, Jim William, George Rosomer, Mech
            Rosomer, Rosemary Gates, Hess Gates, T. Parssinen, Barbara Parssinen,  Randy
           Richards, Charles Hirschberg, Cindy Deardon, Robert Deardon, Robert Bell,
           Yvonne Evans and Andy Nichols.

The meeting was called to order by Chairman Chalmers at 7 PM.

The minutes of the March 2, 2006 meeting were reviewed.  Motion was made by John Wheeler to accept the minutes as corrected.  The motion was seconded by Philip Porter.  Six voted in the affirmative and one abstained.

P.  Chalmers  asked if Michael Marquise, Planner, had anything to address with the board.  M. Marquise stated that he had new State planning books to hand out to the board.
M. Marquise also presented a handout of a seminar entitled “Preserving Community Character” and gave a copy to each board member.  

Allan Davis asked if he could excuse himself from action on the first case.  P. Chalmers asked if John Wheeler would vote for Allan Davis on the first case.





Planning Board
April 6, 2006

P. Chalmers asked Derek Tatlock and Philip Porter how the planning conference was that they attended.    They responded that the conference was very useful.  P. Porter advised that attendants should register early as at some meetings there was standing room only.  

P. Chalmers asked those present in the audience if they wished to speak, please state their name for the minutes.

1.  Map 133, Lot 124 – Hesslar & Rosemary Gates, 49 High Street, Site Plan Review for Owner Occupied and Staffed Bed and Breakfast:  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 Article V of the Site Plan Review Regulations.  The Gates have received approval from the Zoning Board of Adjustment for setback to satisfy parking requirements.  The department heads have reviewed the plan and all approve.  The Fire Chief did ask about a sprinkler system and was shown the one planned.  He is satisfied.  No new structures are planned.  The only thing lacking is a plan for drainage but there are no impervious surfaces so he feels that could be waived.  M. Marquise recommended that the requirements for plans for toxic and hazard waste removal  also be waived.  Motion was made by John Wheeler to accept the plan as presented with waivers as recommended by Michael Marquise.  The motion was seconded by Derek Tatlock.  

Hesslar & Rosemary Gates were present to discuss their proposal.  They showed the board the approval they received from the Zoning Board of Adjustment on December 4, 2005 for a variance for parking  setback and the setback from a stream that runs through their property.  They propose to make a bed and breakfast lodge with 4 guest rooms.  This will be operated by them as owners.  There will be no change to the configuration of the house.  There is a small building behind the house and a barn that will remain.  The barn will be used to park their personnel vehicles in.  They plan on planting a buffer of Mountain Laurel and also some Day Lilies.  The driveway will be hard pack.  The current black top will be removed. They will contact the Road Agent to receive an access permit.   Lighting will exist on the front and back porch.  These will be lights that are directed to the ground.  A sign no bigger that 2’x3’ is planned.  Peg Chalmers asked if they would be serving meals.  R. Gates replied that only breakfast will be served.  John Wheeler asked where the waste would be stored.  R. Gates replied that it would be stored in the shed in the rear of the house.  The Gates have had the sprinkler system installed and are waiting for the Fire Chief to look at it.  It is a full sprinkler system.  Smoke detectors have also been installed.  M. Marquise informed the Board that there were no negative comments from the department heads.  

There were no abutters present.


Planning Board
April 6, 2006

Motion was made by John Wheeler to approve the site plan with the condition that an access permit is received from the Highway Department.  The motion was seconded by Philip Porter.  The vote was unanimous.  (Allan Davis had stepped off of the Board.)

2.  Map 225, Lot 66 – John & Patricia Johnson, 77 Route 11 – Site Plan Review for Store for the Sale of Pool, Spa & Antique Related Items and Seasonal  Selling of Christmas Trees:   M. Marquise informed the Board that the application was filed three weeks in advance, the fees were paid, abutters notices sent and the notice posted.  The application falls under the requirements of Article V of the Site Plan Review Regulations and sub item D, which requires a statement of business use which was provided with the application.   M. Marquise stated that he believed the application to be complete.  Motion was made by Philip Porter to accept the application as complete.  The motion was seconded by Derek Tatlock.  The vote was unanimous.  

The Board reviewed the plans submitted.  The Johnsons were not present at the meeting.   Philip Porter noted that there is one difference between the letter received with the application and the Board’s previous meeting with the Johnsons and that is item #4.  In the Johnson’s letter, they state that the outside area will be used for employee parking and seasonal Christmas trees.  P. Porter can remember that the Johnsons were going to display swimming pools out in the yard.  P. Chalmers agreed.  M. Marquise noted that a 20’x40’ display area is shown on the map submitted.  P. Chalmers stated that the Board needs to speak with the applicant to have questions answered.  John Wheeler suggested that the case be held open until later in the meeting to see if the Johnsons might show up.  If not then the case can  be continued to the next meeting.  

3.  Map 133, Lot 91 – Sunapee Harbor Riverway, Inc., 31 River Road, Site Plan Review, Extend Use of Existing Space for Coffee House Type of Entertainment – No Alcohol – Cover Fee – All Volunteer:  M. Marquise informed the Board that the application was filed as an amendment and was filed three weeks in advance, the fees were paid, abutters notices sent and the notice was posted.  The application falls under the requirements of Article V of the Site Plan Review Regulations.   He stated that there were no requirements to really review although the Board may wish to keep it open to address parking issues and noise.  The Riverway is looking to add to  the activities they previously received approval  for.  Motion was made by Derek Tatlock to accept the application as complete.  The motion was seconded by Barbara Hollander.  The vote was unanimous.

Ronald Verblauw, President of the Sunapee Harbor Riverway, was present to explain the proposal.  The Riverway would like to see another coffee house started in the harbor.  This would include light entertainment and would be nothing disturbing.  P. Chalmers asked if this would be in the summer when the dance studio is closed.  Mr. Verblauw

Planning Board
April 6, 2006

replied that it would.  The Riverway is trying to think of all scenarios to keep the building active.  Allan Davis noticed that the opening time in the second application is different.  The first approval allowed hours of 7 AM to 11 PM.  This application asks for operating hours of 7 AM to 9 PM.    R. Verblauw requested that the hours remain at 7 AM to 11 PM.  The question of noise arose.  R. Verblauw stated that no one complained of the music from the dance studio.  The building is sound proof.  Randy Richards spoke in favor of the application saying he would like to see the coffee house remain at the harbor.  Allan Davis suggested that light entertainment be added to the first approval.  Motion was made by Bruce Jennings to amend the  approval received March 2, 2006 by adding the use of entertainment to the other uses previously approved.  The motion was seconded by Philip Porter.  The vote was unanimous.

4.  Map 206, Lot 2 – New Liden Realty Trust, Prospect Hill Rd., 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.  He did note that sewage disposal needs to be addressed with the receipt of State approvals.  Also State subdivision approval needs to be received.  John Wheeler questioned the easement from Lot 2 to Lot 2-1 for the benefit of  Lot 2-1 for septic system services purposes and wondered how that was going to work.  M. Marquise stated that with waivers granted for storm water drainage and utilities, he believes the application is complete.  Philip Porter questioned why the surveyors signature did not appear on the map.  M. Marquise replied that it would have to be signed by the surveyor before the Board could sign it.  Peg Chalmers asked if  the sewage disposal was marked out anywhere on a plan.  M. Marquise stated that it would have to be so there must be another drawing for the proposal.  M. Marquise stated that he still felt the application could be accepted as complete. Yvonne Evans, an abutter, asked what the owner was proposing.  P. Chalmers replied that it looks like a two lot subdivision for a house. Y. Evans stated that there were wetlands on the property.   George Romoser asked if the house would be a duplex or a single family home.  P. Chalmers stated that there were too many questions on the subdivision and without the owner or agent present, she did not feel the Board could proceed.  Abutter Cindy Deardon asked if the Board would take into consideration that there were wetlands on the property.  She would like to see erosion barriers to protect abutting properties.  The property has been recently logged and wanted to know if approval was received for that.  M. Marquise stated that that was an Intent to Cut issue which needs to be addressed to the Board of Selectmen.  John Wheeler stated that if cutting was done and it was in wetlands, it should have been addressed by the Conservation Commission.  T. Parssinen questioned the access to Prospect Hill Road and wondered how far apart the proposed driveways were.  

At 8:15 PM Charles Hirschberg arrived at the meeting to represent this application.

Planning Board
April 6, 2006

The Board explained to C. Hirschberg that there were many questions being posed regarding the subdivision, such as driveways, sewage easements, wetlands and lot sizes.  C. Hirschberg explained that the driveway would be shared easements.  With regard to wetlands, he is applying to the Wetland Board next week.  He has met with the Conservation Commission already to review the proposal.  The septic systems are being designed and this will effect the placement of the drives.  G. Rosomer questioned the driveway location.  C. Hirschberg replied that it would come off onto Prospect Hill.  A common drive would come across the property and then split. The property has town water so no wells are planned.   Allan Davis questioned why  C. Hirschberg came to the Board  now since he has got a lot of obligations to fill before the Board can act.  C. Hirschberg stated that he thought the Board could accept the application as complete without state approvals.  M. Marquise stated the Board could with conditions.  Motion was made by Philip Porter to accept the application as complete with the provisions that approvals be received for the leach field, wetlands approval be received, document easements in the deeds and provide copies to the Board, and to waive requirements for storm water and utility lines.  The motion was seconded by Derek Tatlock.  The motion passed with one opposed.

C. Hirschberg continued to explain the proposal.  The property contains 4.74 acres.  Two lots will be created; one 2 acres and the second 2.74 acres. Zoning in that district requires 1 acre for a house lot.   The two lots will share a common driveway.  Town water is provided to the property.  State approvals are needed for soils to determine if it is suitable for septic systems.  Alan Davis asked how many buildings were being planned.  C. Hirschberg stated he was not sure and that this would be subject to the septic systems.  He could build a single family or duplex.  T. Parssinen questioned why the septic system for one of the lots had to be on the other lot.   John Wheeler expressed concern with crossing wetlands and  a possible flow into Muzzy Brook.  Cindy Deardon asked if approval for work in the wetland needed to be received before it could start.  C. Hirschberg replied that he can’t do anything until approval is received.  Mech Rosomer asked if spec houses would be built.  C. Hirschberg stated that he was not sure and could even be two duplexes if the soil can support the septic systems.  

Motion was made by Allan Davis to continue the hearing to the May 4, 2006 meeting.  The motion was seconded by Philip Porter.  The vote was unanimous.

5.  Map 147, Lot 19 – Rosemarie Digilio & Douglas McCahon, Rosie’s Restaurant, 563 Rte. 103, Site Plan Review Seasonal Ice Cream Stand:  As no one was present to explain the application, this will be held over until the end of the meeting.




Planning Board
April 6, 2005

CONSULTATIONS

1.  Map 203, Lot 7 – Robert Bell, Prospect Hill Rd., 12 Lot Subdivision:  Robert Bell explained that he owns 109 acres of property on Prospect Hill and he would like to develop it.  He approached the Board with a proposal awhile ago and was told the road was not right because it would have required a dead end road to come off of another dead end road and it  would also require an emergency lane.  He is now looking at subdividing lots of 5 acres or larger.  Instead of a mile of road, he is now planning 1200’ of road.  He has also eliminated the possibility of hooking into the water system.  R. Bell stated he is trying to do something simple and easy.  The main issue he is having is the emergency access road.  He went to the ZBA  and was granted permission to cross the steep slopes.  R. Bell went back to the ZBA  and did receive approval to have a second access for the emergency lane.  As it turns out, the slope is too steep for an access.  R. Bell stated he has spoken to the Fire Chief about the emergency access road and the Chief does not see any need for one.  R. Bell stated he is looking for direction.  The Fire Chief told him there are a lot of roads in town that are exactly like his and some worse and that he has the fire  equipment capabilities to get up the road.  P. Chalmers stated that she did not feel that there was a road in town the length of this one  that created so many lots.  Discussion was held on the location of wells.  P. Chalmers questioned the green space requirements.  Bruce Jennings explained to R. Bell that the Board looks more favorably on cluster development.  M. Marquise stated that the road would still need to be taken into consideration.  P. Chalmers agreed with B. Jennings.  P. Chalmers stated that the feeling of seclusion could be gotten with a very good designed cluster development that left large green spaces.  R. Bell explained that the problem would be getting driveways onto the flat areas that would accept the clusters.  It was the consensus of the Board that the road might be extended with a reduction in lots.  B. Jennings expressed the Board’s desire to see sensitivity to the land in this zone with saving open, green space.  Philip Porter noted that a lot of the land appeared very difficult to build on and asked if R. Bell had thought about putting that portion in a conservation easement.  R. Bell stated that this was being taken into consideration.  R. Bell asked if the Board might allow more than two houses on one driveway.  M. Marquise stated that this would be a zoning question.    Fire Chief Dan Ruggles stated that he had no problem with the road way and did not see why an emergency lane was needed.  He recommended that the road be 20 ft. in width with 2 ft. shoulders.  He has been assured that a 30,000 gallon cistern would be put in on the development.  Upon checking the ordinance, it was discovered that the Board would have the right to waive the limit of two houses off of one driveway.  John Wheeler asked the Fire Chief how wide he would like to see an access to three residences.  He replied 18 to 20 feet.  R. Bell thanked the Board for their assistance.  





Planning Board
April 6, 2006

MISCELLANEOUS

1.  Map 133, Lot 93 – Review of Statement of Property Usage, Soo-Nipi Realty:  The statement was brought to the Board’s attention so that they would be aware that the amount of employees for the office has changed from 4 to 5.  After a brief discussion, it was decided by the Board that this was not a problem and would not need further addressing.  

2.  Map 144, Lot 7 – Meadowbrook Homeowners Association, Basin Dr., Continuation Site Plan Review, 10 Boat Slips:  Charlie Hirschberg was present to continue discussion on the proposal and conditions set by the Planning Board at the first presentation.  The 14 parking spaces have been provided, a self contained unit for restrooms has been planned, and a 10,000 gallon cistern will be put in place for fire protection.  These facilities are for use by the homeowners only and is not considered a marine facility.   John Wheeler recalled that as a part of the conditions, the bathroom facilities will remain during the summer months.  C. Hirschberg stated that they would be.  Andy Nichols, President of the Homeowners Association, stated that the bathroom facilities would remain from Memorial Day to the month after Labor Day.  Motion was made by Bruce Jennings to accept the application with the conditions as presented and subject to the restrooms being available for summer usage.  The motion was seconded by Barbara Hollander.  The vote was unanimous.

3.  Randy Richards – Consultation and Discussion:  Randy Richards wished to speak to the Board in reference to Lot 29 on Map 121, Fernwood Point.  He read a statement wherein he expressed concern that construction in the area is damaging the neighborhood and is against deed covenants.  He also expressed a desire that the Planning Board incorporate height limits in the Master Plan.  Allan Davis stated that the Planning Board cannot enforce deed covenants and R. Richards’ concerns would have to be addressed by the property owners.  P. Chalmers stated that she felt this was not a Master Plan issue, but that of a zoning issue.   R. Richards thanked the Board for their time.

4.  As no one was present to address the cases of John & Patty Johnson and Rosie’s Restaurant, the Board agreed to continue these two cases to the May 4, 2006 meeting.

5.  M. Marquise reminded the Board that Robert Rieseberg did not choose to run for a position on the Board this past Town Meeting, so it may be appropriate to do something for him.  The Board agreed that going out to dinner May 18th would be agreeable.  M. Marquise will get in touch with R. Rieseberg to arrange this.





Planning Board
April 6, 2006

The meeting adjourned at 10:30 PM.

Submitted by,  Darlene Morse                    Approved_____________________

_______________________________         _____________________________
Peggy Chalmers, Chairman                                Barbara Hollander, Vice Chairman

_______________________________         _____________________________
Bruce Jennings                                  Derek Tatlock

_______________________________         _____________________________
Philip Porter                                           Allan Davis

_______________________________         _____________________________
John Wheeler, Alternate                         Emma Smith, Ex-Officio

_______________________________
Frederick Gallup, Ex-Officio