DRAFT
TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
July 6, 2006
PRESENT: Peggy Chalmers, Chairman
Derek Tatlock
Allan Davis
Philip Porter
Emma Smith, Ex-Officio
John Wheeler, Alternate
Staff: Michael Marquise, Planner
Roger Landry, Zoning Administrator
ABSENT: Barbara Hollander
Bruce Jennings
Frederick Gallup, Ex-Offiico Alternate
OTHERS PRESENT: George Maihos, Robert Bell, Charlie Hirschberg, Alex Kish, Maurice Asselin, Tim Fleury, Sandy Rowse, Karene Chetty, Kathy Gavin, Charlie Hirschberg, Van Webb and Beth McGuinn of the Ausbon Sargent Land Preservation Trust.
The meeting was opened by Peggy Chalmers at 7:00 PM.
The minutes of the June 1, 2006 meeting was reviewed. Motion was made by John Wheeler to approve the minutes as written. The motion was seconded by Philip Porter. The motion carried with one abstention.
Michael Marquise reminded the Board that they had a Master Plan meeting scheduled in two weeks. The Board is trying to drum up interest and it is hoped that some summer residents will attend.
PUBLIC HEARING/FINAL HEARING:
1. Map 225, Lot 10, George Maihos, 27 Route 103, Two Lot Subdivision: 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 is for a minor subdivision and meets the requirements of 6.04 of the Subdivision Regulations subject to waivers in 6.05 (b) for boundary line survey, contours, utility lines and storm water drainage. M. Marquise feels that these can be waived and that the application is complete and he assumes that the property will be hooked up to town sewer. Motion was made by Allan Davis to accept the application subject to the granting of the waivers. The motion was seconded by John Wheeler. The vote was unanimous and the motion carried.
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P. Chalmers opened the meeting to the public for comments. George Maihos was present to explain the proposal. He stated that a building lot was being created. A shared driveway will be used with the existing home. He is creating a lot of ½ acre in size. M. Marquise stated he had no problems with the proposal but feels it should be stipulated that the new building will be connected to town sewer. Allan Davis stated that it should also be required that the plan meets easements for the shared driveway. M. Marquise did not feel this was necessary as the property is on a State highway. Motion was made by Allan Davis to approve the application subject to the new house being connected to the town sewer. The motion was seconded by John Wheeler. The vote was
unanimous and the motion carried.
2. Map 203, Lot 7, Bell Engineering, Inc., Prospect Hill Road, Two Lot Subdivision:
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. He also explained that this is a major subdivision so no waivers can be granted. M. Marquise had some comments under 6.04. One item he feels needs addressing is are there any plans for working on existing streets. He understands that some work may need to be done on Prospect Hill Road. Also, the Board should discuss reserving the right to discuss soil test information. The lots are larger than 5 acres so there will be no need for a permit from DES but M. Marquise understands that some of the land is somewhat rough. Also wetlands approval is needed for one of the crossings. M. Marquise believes the
plan is complete enough for the Board to begin a review of it. Motion was made by Allan Davis to accept the application as complete. The motion was seconded by Philip Porter. The vote was unanimous and the motion carried.
Robert Bell presented the proposal. He explained that he would like to subdivide two lots and come back later for the remainder of the property. At that time he will propose a 12 lot subdivision. He stated that his main objective was to get approval to do work on the road. R. Bell stated that he has met with the Road Agent and was told that he did not have any problems with him starting construction. He explained why the right-of-way was 80 feet wide. This is because the road would not have to be put in the center of the right-of-way and allows for the placement of guard rails. R. Bell explained the construction of the road and the materials that will be used. M. Marquise asked if any soil testing has been done on the house sites. R. Bells replied that soil tests have
been done. There is ledge and soil. Lot 1 contains ledge, lot 2 does not. There is plenty of soil below lot 1 for a septic. R. Bell stated that he would like to have permission to build the road now up to the wetland portion of the property. Roger Landry informed the Board that the ZBA has given approval for wetlands crossing and that state approval will take a very long time. R. Bell has an appointment to speak with the Conservation Commission about the wetlands crossing. M. Marquise stated that the Board could not
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Approve the subdivision as there are too many things to be taken care of and that R. Bell really wanted the Board’s permission to begin the road. M. Marquise stated that
calculations need to be made. The Board requires a 65% minimum lot size requirement; the lot has to be buildable with slopes of less that 25%, no wetlands and no flood hazard areas. M. Marquise would like to see these calculations on the smaller lots. Another thing that M. Marquise feels should be looked at is the length of the road as it is over 1200 feet. This needs to be reviewed by the Highway Department and Fire Department. Also there are sections of the road that are over 10% but he understands that the Road Agent said it would be okay. R. Bell responded that there are sections that could be over 11%. M. Marquise would also like to see an updated cross section showing the depths on the left. Also bonding needs to be addressed. M. Marquise asked if site specific approval would be sought. R. Bell stated that it was not triggered at all.
Karene Chetty, 179 Prospect Hill Road, expressed concern about existing culverts and wondered if they could handle further building up the road. K. Chetty pointed out on the plan where the existing culverts are. She stated that at the present time there is a terrible erosion problem. M. Marquise asked R. Bell how he planned on having no increase in run off. R. Bell pointed out detention areas on the plan. Also a small culvert may be used so the water will flow at a lesser rate. R. Bell stated his engineer was surprised at the lack of water coming off of the hill now. He offered to bring his engineer to the next meeting. R. Bell stated that he just wanted to discuss this proposal with the Board to see if they could foresee any problems. He plans on
building the road to Town specifications. It was agreed that this would be continued to the next meeting.
MISCELLANEOUS
1. Map 146, Lots 49 & 50, Alexander S. Kish, 348 Bay Point Road, Merger: M. Marquise distributed the application and a small sketch. The merger would make a non-conforming lot be more conforming. M. Marquise asked if any covenants existed on the lots with regard to building. Alex Kish responded that there were and that was his primary motivation to combine the properties. Once combined, they will meet the 100 foot frontage requirement. Roger Landry spoke in favor of the merger. Motion was made by Philip Porter to approve the merger. The motion was seconded by Derek Tatlock. The vote was unanimous and the motion carried.
2. Map 123, Lots 8 & 9, Maurice Asselin, Bay Point Road, Merger: Allan Davis stepped off of the Board for discussion of this merger. M. Marquise stated that he did not have a sketch on this one but understands that it two pre-existing units. Mr. Asselin would like to combine them so they will not be taxed as separate units. M. Marquise
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explained that there was no land involved as the land is owned in common with others. This will be merging two building units. Motion was made by John Wheeler to approve the merger. The motion was seconded by Emma Smith. The vote was unanimous and the motion carried.
3. Map 133, Lot 25, Sandy Rowse – Knowlton House, 63 Main Street, Property Usage Form: Roger Landry explained that he had suggested that S. Rowse submit a Property Usage Form with a cover letter to explain what her plans are. S. Rowse proposes to open a tea room and gift shop in the Knowlton House and she will not be using the property for other functions during the time the tea room is open. Kathy Galvin who will be operating the tea and gift shop handed out copies of the menu. The gift shop will be open 1:30 PM to 4:30 PM and tea will be served from 2 PM to 4 PM. The shop will be open three days a week. Motion was made by Emma Smith that the Board accept the proposal. The motion was seconded by Derek Tatlock. The vote was unanimous
and the motion carried.
4. Map 129, Lot 43, James Cruise, Sunapee Center, 14 Sargent Road, Extension of Phase I Construction Completion Beyond August 2006: Peggy Chalmers explained that when this proposal was brought before the Board previously, the Board had established a time table of two years to complete Phase I. Charlie Hirschberg explained that they are basically requesting an extension. Phase I is scheduled to start within the month. This would include the construction of two buildings (two units). C. Hirschberg presented a plan depicting the project. Phase one involves the smaller first commercial building and the first of the larger. These buildings consist of commercial space on the lower level and residential spaces above. There are two levels of upper
residential units. C. Hirschberg explained he did not know what the commercial use of these buildings would be; possibly retail stores. P. Chalmers asked what the estimated time of completion might be. C. Hirschberg said he understood that the project would really go along quickly. The owner expects to move right ahead on Phase II after the completion of Phase I. R. Landry recommended that the letter of credit be revised as it is two years old. C. Hirschberg stated the estimate for the two buildings 2 years ago $388,000. Ten percent was applied to that which brought the cost up to $427,000. C. Hirschberg applied 5% on top of that, which made it $448,000. C. Hirschberg has a letter from the bank that is indicating $450,000. The project is being financed through the Claremont Savings Bank. P. Chalmers questioned if the amount would be adequate due to the high rise in construction costs.
Allan Davis stated he thought this was just for the site work. C. Hirschberg replied that it was. M. Marquise stated that he feels the Board should ask for construction cost plus 10% taking in what could happen in a few years. John Wheeler asked what the position was of the Town being reimbursed for the water line. C. Hirschberg stated that J. Cruise would have to work that out with the Town. Discussion was held on the fact that J. Cruise and the Town Manager, Donna Nashawaty, were to meet and work out a deal. R. Landry stated he did not think they ever met and will check with D. Nashawaty Monday morning. Discussion was held on granting a one year
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extension. M. Marquise expressed concern that this would then put the Board four years from the approval of the application. He believes that the Board should be adamant about completion within the one year period. Bruce Jennings asked if it would be possible to grant conditional approval until such matters, as a letter of credit from the bank, is presented. Philip Porter suggested that this be discussed at the August meeting so that the Board will have a current letter of credit and a bond from the bank. M. Marquise suggested that the Board consider an extension to August 15, 2007 for them to have Phase I substantially completed. If not, they will have to come back to the Board with another application. Motion was made by John Wheeler to approve an extension for Phase I
plan for Sunapee Center to August 15, 2007 subject to the conditions of the receipt of State approvals, bonding letter of credit equal to 110% of the cost of everything except buildings, an agreement to reimburse the upgrade of the water line on Sargent Road, and for construction to be substantially complete as of the extension date of August 15, 2007. If it is not, the applicant will have to file another application. The motion was seconded by Allan Davis. The vote was unanimous and the motion carried.
5. Map 132, Lots 17 & 17-1; Round Rock Properties – Environmental Specialists, 474 Route 11, Reopen Community Store: M. Marquise explained the history of this parcel of property. He explained that there are issues to be concerned about. This property is a grandfathered non-conforming use. It is in the residential district and not the village. Charlie Hirschberg presented the proposal. Round Rock Properties are buying the Community Store and would like to enlarge the seating capacity to 15 from 10. They also wish to reopen the store. Discussion was held on the illegal storage of boats and trailers, etc. on the property. C. Hirschberg reported that soils studies were taken and there is some contamination. The property does contain monitoring
wells. Roger Landry spoke to the owner and he is removing the boats and trailers. It was agreed that the property contains enough parking for the increase in seats and for store parking. M. Marquise stated Site Plan Review could be waived as the changes in the property use are not huge. M. Marquise questioned if gas pumps would be installed as that was on the original letter. C. Hirschberg stated that no gas pumps would be installed. Motion was made by Allan Davis that the Planning Board approve an expansion in seating at the Community Store from 10 to 15 without the need for a Site Plan Review subject to the condition that the boat business cease and leave the site. The motion was seconded by John Wheeler. The vote was 4 in favor and 1 against. The motion carried.
6. Tim Fleury – Webb Conservation Easement: Tim Fleury, member of the Conservation Commission, was present to explain the easement. With T. Fleury was Van Webb, also on the Conservation Commission. The Commission has discussed this with the Board previously and the Board was agreeable to the easement. Now the Commission has drawn up the deeds and have received surveys of the Dane & Harrison lots. These will be reviewed by the Aubson Society before signing. They have come
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back before the Planning Board as required by State law to see if the Planning Board supports the easement. They have also had to have two public hearings with the Board of Selectmen. The second hearing is scheduled for July 17, 2006 at 7:00 PM at the Town Hall. Beth McGuinn explained the purposes of a conservation easement, which is basically to protect open spaces, wildlife habitat and to maintain scenic beauty. She also explained the use limitations of the easement, for example the property cannot be developed or subdivided. There are rights reserved by the landowner such as being able to post the property against camping and motorized wheeled vehicles such as ATV’s. There can be no mining or excavations and no signage except that which may explain that the property is
preservaton. B. McGuinn explained that ASLPT also had affirmative rights, such as access to monitor the property and enforce the easement. The property may be used for snowmobiling and mountain biking. John Wheeler noted that commercial use was prohibited and asked about cross county skiing. B. McGuinn stated that this issue has been discussed and will be further discussed. Commercial use is something that needs defining. Motion was made by Allan Davis that the Planning Board recommend that the Selectmen act affirmatively on the two easements. The motion was seconded by John Wheeler. The vote was 5 for and 1 abstention. The motion carried.
CONSULATION
Charlie Hirschberg wished to speak with the Board regarding the Prospect Hill subdivision and the George Neuhirt subdivision. He reported that both of these subdivisions have received state approval but he has not received the paper work yet. With regard to the Prospect Hill subdivision, he has not received the wetlands approval but has received State subdivision approval. With regard to Neuhirt, he has received the wetlands permit but not State subdivision approval. He expects to have those in the beginning of next week and asked if he left the mylars could they be signed. Peggy Chalmers stated that she didn’t believe the Board had a problem with that. M. Marquise stated that Roger Landry could follow up on the state approvals.
Another item he wished to discuss was that George Neuhirt has a sale pending on his house so the mylar needs to be recorded. Roger Landry asked if wetland approval was received from the ZBA for this property. Charlie Hirschberg replied that the ZBA has approved wetland crossing.
Also, C. Hirschberg spoke with the Board about the Fieldstone subdivision. Fieldstone had five lots that front on Trow Hill Road. These were the original first phase of the subdivision. The Board has gone through the design and review phase of the subdivision and walked the property about one and one-half years ago. C. Hirschberg stated that the configuration of the proposed subdivision has changed. He presented the proposed plan for the Board to review. C. Hirschberg wished to speak with the Board about putting in a
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single 1500 foot road with a turn around. This would eliminate a loop road. The lots would have common drives. There are wetlands on the property. M. Marquise suggested
that C. Hirschberg speak with the Road Agent regarding the proposed road. The road would be designed and built to town specifications. M. Marquise stated he thought the biggest issue with the proposal was would the Board allow the 300 extra feet of road. He stated he would like the Road Agent and Fire Chief to review the proposal.
The Board will take John Wheeler out to dinner on July 12 for a farewell get together.
The meeting adjourned at 9:45 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
Allan Davis Philip Porter
John Wheeler, Alternate Emma Smith, Ex-Officio
Frederick Gallup, Ex-Officio
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