TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
June 1, 2006
PRESENT: Peggy Chalmers, Chairman
Barbara Hollander, Vice Chairman
Allan Davis
Bruce Jennings
Philip Porter
Emma Smith, Ex-Officio
John Wheeler, Alternate
Roger Landry, Zoning Administrator
Staff: Michael Marquise, Planner
Darlene Morse, Secretary
ABSENT: Derek Tatlock
Frederick Gallup, Ex-Officio Alternate
OTHERS: Sandra Webb, Carl Gehring, Wayne McCutcheon, Joe Miedico, Charles Hirschberg, Steven Longtin, Peter Constantineau, Jeanne Circosta, Ann Jackson, James Jackson, George Romoser, Susan Tosh, Ryan Crawford, Angela Neilson, Andy Neilson, Robin Longtin. and Clayton Platt.
The meeting was called to order by Chairman Chalmers at 7:00 PM.
The minutes of the May 4, 2006 meeting were reviewed. Motion was made by Barbara Hollander to accept the minutes as corrected. The motion was seconded by Allan Davis. The vote was unanimous and the motion carried.
Peggy Chalmers asked John Wheeler to vote in place of Derek Tatlock.
P. Chalmers asked Michael Marquise if he had anything to report to the Board. M. Marquise wished to remind the Board that another Master Plan review meeting will be held in two weeks (June 15th). Steve Taylor is coming to speak to the Board and M. Marquise hopes that all members will attend. He has also started up a schedule for the Board to meet with department heads and town officials for the meetings of June 15 and August. Allan Davis asked if there were monies in the budget to advertise the Master Plan meetings. M. Marquise replied that there was some in 2006, but in 2007 the Board should ask for more as he anticipates more advertising as the plan progresses.
Planning Board
June 1, 2006
P. Chalmers opened the hearings at 7:15 PM.
PUBLIC HEARING/FINAL HEARING
1. Map 206, Lot 2 – New Liden Realty Trust – Continuation – Prospect Hill Road, Two Lot Subdivision:
Charlie Hirschberg represented the proposal. The lot presently contains 4.75 acres. The proposal is to subdivide into lot lots, of 2 acres and 2.75 acres. The property is on Prospect Hill Road. The existing driveway would be a common driveway and used for both lots. Lot 2 would contain an easement for a driveway to Lot 2-1. The property has town water but not sewer. C. Hirschberg explained that an application for wetland crossing has been submitted to the DES. He believes action will be taken on the permit on June 11, 2006. He has met with the Conservation Commission and they have signed off of the plan. An application has also been submitted to the State of NH for subdivision approval for two septic systems. The two systems will both be placed on Lot
2 and Lot 2-1 will contain an easement for the system on Lot 2. The DES has requested a draft deed of the easement for the septic systems. All easements will be recorded in the deed and on the plat. Setbacks are shown 50’ off the center line of Prospect Hill, 15’ off the side lines and 50’ from Muzzy Brook. The State should be out sometime next week to look at the site. The frontage of the lots meets the 75’ requirement and is one acre density. Each lot meets the site loading requirements. B. Jennings asked why both systems were on one lot. C. Hirschberg explained that this was done because of the placement of a house on Lot 2-1. George Romoser, abutter, asked what the difference was between the plan presented and the one presented on April 6, 2006. C. Hirschberg replied that the lot lines are not changed and the acreage is the same. The applications had to be made to the State for
septic approval and subdivision approval as well as to the DES for a wetlands permit. The proposal went before the Zoning Board of Adjustment at its last meeting and was approved for wetlands crossing. G. Romoser asked if 2 duplexes were planned. C. Hirschberg explained that the septic design is based on two 6 bedroom systems so 2 duplexes could be built. This is ultimately up to the owner. P. Chalmer asked if a copy of the driveway easement would be needed. M. Marquise responded that he thought it would be good to have for the file. C. Hirschberg stated that the easements would be listed on the recorded plat. P. Chalmers asked if this would be adequate notation and M. Marquise responded that it would. M. Marquise asked if the lots would meet the 65% for soils and slopes. C. Hirschberg stated that they would. Motion made by Allan Davis to approve the subdivision with the conditions: 1) receipt of NH state
subdivision; 2) supply a recorded easement on Lot 2-1 showing placement of the leach field on Lot 2; 3) receipt of a DES wetlands permit; and 4) copy of driveway easement from Lot 2-1 to Lot 2. All conditions to be noted on the final recorded plat. The motion was seconded by Philip Porter. The vote was unanimous and the motion carried.
Planning Board
June 1, 2006
2. Map 147, Lot 19 – Rosemarie Digilio & Douglas McCahon – Continuation, Rose’s Restaurant, LLC, 563 Rte. 103, Site Plan Review, Seasonal Ice Cream Stand
No one was there to present the application. Roger Landry stated he heard there was an illness in the family. Motion was made by Allan Davis to not accept the application as no one was present to explain it. The motion was seconded by Barbara Hollander. The vote was unanimous and the motion carried.
The Board took up the following applications in one hearing.
3. Map 218, Lots 8 & 12, - Continuation, New Liden Realty Trust, Sargent Road, Annexation/Subdivision:
Map 218, Lot 8 – New Liden Realty Trust – Continuation – Sargent Road, Two Lot Subdivision:
The application was presented by Clifford Richer, surveyor. P. Chalmers reviewed items that were needed for approval of the plan and discussed at a prior meeting. With regard to the “Z” shaped lot, this has been revised. With regard to the two septic systems on one lot, C. Richer presented a letter from Charlie Hirschberg confirming that the property is large enough to hold two septic systems. C. Richard explained the annexation/
subdivision. It will allow .59 acres to be merged to a 2.74 acre lot. This will create a lot of 3+/- acres, If the annexation is allowed, the owners then plan to subdivide it into two 1.5 acre lots. Roger Landry asked if New Liden owned the property. C. Richer stated that the property is owned by a partnership. James Jackson questioned the validity of the application as it is not signed by the owner. Peggy Chalmers stated that the Board would not sign the plat until a deed was presented. M. Marquise stated that ownership will be corrected when the property is sold and new deeds drawn up. The application contained a letter from owners of the common land property stating they had no objection to the annexation/subdivision. A copy is attached to the file copy
of these minutes. J. Jackson stated that this proposal is very complicated and can’t be resolved just by a simple letter. C. Richer stated that Town Counsel was asked that question and he could see no reason why the annexation/subdivision could be disapproved. J. Jackson stated that he felt the Board should take no action until the .59 acre parcel is deeded to New Liden Realty.
Roger Landry noted that the plat included incorrect owner’s names. Michael Marquise added that the title box also needs to be corrected. C. Richer will take care of this to make sure the final plat is acceptable. Allan Davis suggested that the application be postponed to the next meeting. M. Marquise stated that the Board could approve the plat with conditions. Steve Longtin asked if the new piece will be sold to New Liden Realty. Peggy Chalmers that it would and the deed will have to be changed. James Jackson stated that the Board should give some consideration to the Tucker plat. The plat shows common land which is worthless and unbuildable. Presently deeds indicate that it is common land. Bruce Jennings stated the Tucker subdivision contained 4 lots with
l lot
Planning Board
June 1, 2006
designated as common land not to be built on, but as it stands with the regulations of the Planning Board, this annexation/subdivision can be approved. The Planning Board does
not enforce deed covenants. Peter Constantino asked if a letter was submitted pertaining to the septic, soils and loading. M. Marquise stated that the Board has received a letter and presented a copy for P. Constantino to read. Motion was made by Allan Davis to approve the annexation/subdivision subject to the plat being corrected to show the correct owners on the plat and in the title box. The motion was seconded by John Wheeler.
James Jackson stated that he does not feel the Board should approve the application until the ownership of the property is cleared. Roger Landry stated he thought the parcel should be deeded to New Liden Realty before the Board approves it. J. Jackson agreed stating the present owners have not joined in on this application. M. Marquise stated that the Board can consider approval with conditions. Jeanne Circosta asked if the Board had ever not approved an application submitted by New Liden Realty. M. Marquise stated that in the 16 years he has been with the Town, the Board has approved all of New Liden’s application and some contained conditions. J. Cirosta asked what type of housing will go on the lot and if trees are cut, please mark them well so none of her trees will be cut.
Emma Smith stated she wanted to wait until New Liden received a deed to the .59 acre parcel. She would like to see the Board receive a copy of the deed for the file. Roger Landry agreed with E. Smith. Bruce Jennings stated that the developer should listen to the abutters. To appease J. Cirosta, C. Richer stated that a condition to could be put on the plat to read no cutting of trees along the southerly side of the lot.
James Jackson asked about a soils survey. M. Marquise stated that a soils survey is a part of the application for State subdivision. J. Jackson is concerned that the septic system will be too close to the road and would not be attractive. J. Wheeler stated that there are a lot of raised systems in Sunapee. B. Jennings suggested that the association buy the lot.
Conditions on the approval of the annexation and subdivision are the following:
1) The final plat will be corrected to show owner of 218/12; 2) the title box on the final will be corrected to show the owner of 218/12; 3) copy of recorded deed for the annexed property; 4) State of NH subdivision approval; and 5) a 25 foot natural existing buffer of trees and other vegetation will be maintained between lots 218/8 and 218/7.
Allan Davis’ motion was seconded by Barbara Hollander. The vote was unanimous and the motion carried.
Planning Board
June 1, 2006
4. Map 235, Lot 79 & 76 – White Horse Realty/Andy & Angela Neilson, 30 West Hill Road, Annexation:
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 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 feels the application is complete and that all items can be waived. Motion was made by Allan Davis to accept the application as complete and grant the waivers as recommended by Michael Marquise. The motion was seconded by Philip Porter. Michael Marquise reported that he had a letter in the file from White Horse Realty stating that they approve of the annexation/subdivision. The vote was unanimous and the motion
carried.
The application was presented by Clayton Platt, surveyor. He stated that the Neilson’s wish to purchase 5 acres from the abutting property owned by White Horse Realty. They currently own 1.9 acres. The White Horse Realty parcel contains 36 acres. John Wheeler asked if the White Horse property was in current use. Clayton Pratt said it was not. Andy Neilson stated that no new house would be constructed. He and his wife just wish to have more property. Motion was made by Allan Davis to approve the application. The motion was seconded by John Wheeler. The vote was unanimous and the motion carried.
5. Map 218, Lots 41, 42 & 36 – Sandra Webb Trust, 75 Apple Hill Road, Annexation to Rearrange 3 Lot Lines:
M. 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 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 feels all items can be waived and that the application is complete. Motion was made by John Wheeler to accept the application as complete with waivers as recommended by Michael Marquise. The motion was seconded by Barbara Hollander. The vote was unanimous and the motion carried.
Wayne McCutcheon, surveyor, presented the application. He informed the Board that all lots are owned by Sandra Webb. S. Webb has a meeting set up with the Conservation Commission to get approval to cross wetlands and will meet with the Zoning Board of Adjustment on June 8, 2002. M. Marquise noted an error on the plat. There are two lots #28. M. McCutcheon will correct this. M. Marquise noted that all lots are less than 5 acres. M. McCutcheon stated that he has no concerns with septic as all lots could contain a system. M. Marquise requested that the plat show the 4K area and the well site.
Planning Board
June 1, 2006
Sue Tosh, 39 Apple Hill Road, expressed concern that the proposed driveway will be
crossing a brook. She was told that the DES will address this in their wetlands application. Motion was made by John Wheeler to approve the application with the following conditions: 1) approval be received from DES for wetlands crossing; 2)approval from the Sunapee ZBA for wetlands crossing; 3) fix lot numbers on the plat (two lots 28 are on the plat); 4)provide test pit results and show 4K septic area on plat; 5) show well site on plat; and 6) show proposed housing site on plat. The motion was seconded by Philip Porter. The vote was 6 in favor and 1 abstaining, Emma White who is an abutter to S. Webb.
CONSULTATIONS
1. Map 106, Lot 41 – Joe Miedico, 776 Jobs Creek Road, Shoreline Alteration:
Joe Medico presented his proposal. He would like to make stairs to the water that will be closer than 50 feet from the shoreline. He provided the Board with copies of how the property presently looks. Roger Landry stated that he thought the project was warranted. Michael Marquise stated that he had no problem with it. Motion was made by Allan Davis to approve the proposal. The motion was seconded by Barbara Hollander. The vote was unanimous and the motion carried.
2. Map 104, Lot 70 – Dave Kidder, Georges Mills Store, 1281 Route 11, Increase Retail Space:
Janet Kidder was present to explain the proposal. It is planned that at some time they may use the second story for retail sale. She explained that the store is presently using 1,100 square feet. Approximately 2,000 square feet is what is available for use on the second story. J. Kidder stated that the store presently has 12 to 15 parking spaces. The use of the second story would possibly be for the sale of fishing equipment. Allan Davis questioned the parking situation and if enough was available. Roger Landry asked if the building would be handicapped accessible as required by law. J. Kidder will check with the state on this. J. Kidder asked about using the second floor for an apartment. M. Marquise stated that probably one unit would be allowed and recommended that J.
Kidder look in to fire safety. J. Kidder thanked the Board for their input.
3. Carl Gehring – Personal Wireless Service Facilities:
Carl Gehring introduced himself as an attorney representing Verizon. He explained that Verizon is attempting to erect a building and tower to better serve cell phone users. The proposed tower would be placed on the property of Myrtle Wiggins and will be leased by M. Wiggins to Verizon. C. Gehring stated that the tower would be 100 feet in height. Roger Landry explained that the proposal would have to come before the Zoning Board
Planning Board
June 1, 2006
of Adjustment as it is over 10 feet above the tree line. P. Chalmers and B. Hollander stated that a balloon float would probably be required for Site Plan Review. As the project needed a variance from the ZBA, Roger Landry suggested that a Site Plan Review should be sought first and then apply to the ZBA. John Wheeler suggested that a joint meeting of the ZBA and Planning Board could be held to address the proposal. C. Gehring thanked the Board for their assistance.
The meeting adjourned at 10:30 PM.
Submitted by, Darlene Morse Approved________________
Peggy Chalmers, Chairman Barbara Hollander, Vice Chai
Bruce Jennings Allan Davis
Philip Porter Bruce Jennings
Emma Smith, Ex-Officio John Wheeler, Alternate
Frederick Gallup, Ex-Officio Alt.
| 
