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Planning Board Minutes 2006/11/02
TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL

November 2, 2006




PRESENT:                Peggy Chalmers, Chairman
                        Barbara Hollander, Vice Chairman
                        Allan Davis
                        Bruce Jennings
                        Philip Porter
                        Derek Tatlock
                        Greg Vigue, Alternate

STAFF:          Michael Marquise, Planner
                        Roger Landry, Zoning Administrator

ABSENT:         Emma Smith, Ex-Officio
                        Frederick Gallup, Alt. Ex-Officio

OTHERS: Kerry Schlayer, Elm Grove Property Solutions, Alex Kish, Peter Urbach, Joan Puchtler and Beverly Cutts.

The meeting was opened by Chairman Peggy Chalmers at 7:00 PM.

The minutes of the October 5th meeting were reviewed.  Motion was made by Philip Porter to accept the minutes as corrected.  The motion was seconded by Allan Davis.  The vote was 5 in favor and one abstained.

New alternate member, Greg Vigue, was welcomed by Chairman Chalmers and board members.   The position of alternate was explained to G. Vigue.

Planner’s Report:  Michael Marquise reminded the Board that they would be meeting again in two weeks (November 16)  as a public hearing to discuss the proposed subdivision regulations amendments and zoning regulations amendments.   The master plan review will be held after the public hearing where the board will discuss putting together a community survey.  Also,  the planning and zoning departments will meet with the Board of Selectmen and Budget Advisory Committee on Nov. 14 at 6:00 PM to discuss the proposed 2007 planning and zoning budget and an article to assist with the master plan review.  Roger Landry discussed the amount proposed to assist with the master plan.  Peggy Chalmers stated that she thought approximately $20,000 would cover 2 years of review.


Planning Board
November 2, 2006

R. Landry informed the Board that the December 7th Planning Board meeting would be
held in the music room at the Middle High School.  The only item on the agenda will be a Site Plan Review for Verizon to erect a cell tower on the property of Myrtle Wiggins, Stagecoach Road.  

Charlie Hirschberg will present a continuation of a 12 lot subdivision on Trow Hill Road after the first of the year.

Peggy Chalmers mentioned an email received from Kevin Rickard that invited all boards and committees of Sunapee to attend a meeting being held at the Safety Services Building on November 14th at 4:00 PM.   The meeting is being hosted by the French Livery Renovation Committee to discuss the future of the old Town Hall.  P. Chalmers hoped that some members would try to attend.  

CONSULATIONS

1.  Map 128, Lot 61:  Craig and Sue Foscaldo, 93 Lake Avenue – Grade Level Change Review – Review changes in lake front grade level as required under Article IV, Section 4.33 (b) 8 as per submitted plans.  The proposal was presented by Kerry Schlayer of Elm Grove Property Solutions.  K. Schlayer provided the board with a plan she prepared for the Foscaldos to improve their  landscaping around the house.   They will not touch the shore line.  The Foscaldos wish to expand an existing patio.  The patio will be roughly 15 feet from the water front.  There will be a 2% pitch towards the lake and an existing curb will be relocated.  There will be a one foot drop, a planting border and then a fence.  The contours on the map were provided by Cliff Richer.  The increase in size of the patio will be 167 sq. ft.  Philip Porter expressed concern about runoff into the lake.  K. Schlayer explained the planting plan to buffer the run off.  Peggy Chalmers stated that she sympathized with the small area the owners have for use, but is also concerned that it will be too close to the lake.  K. Schlayer suggested that drainage might be installed.  Bruce Jennings would like to see some other way the use of the property could be improved without possible danger to the lake.  K. Schlayer stated that a stronger surface and plantings would greatly assist with and slow down erosion and also increase the use of space.  K. Schlayer stated that this plan is what her clients want to do, but will look at other options that the Board may suggest.  Allan Davis asked about the drainage from the roof.  Barbara Hollander pointed out the drainage on the plan provided by K. Schlayer.  K. Schlayer offered to increase the buffer to 3 feet to bring it further from the lake as the main concern of the Board is that the project will be close to the waters edge.  Motion was made by Allan Davis to approve the plan with the contingency that the planter bed be a minimum of 3 feet from the fence.  The motion was seconded by Philip Porter.  Bruce Jennings stated that it is the charge of the Planning Board to protect the lake and asked that K Schlayer do the best job possible to achieve this.  Vote was in favor 5, opposed 1.  

Planning Board
November 2, 2006

2.  Map 133, Lot 97 – Timothy and Joan Puchtler, 13 Maple St., Review Statement of Property Usage – changing usage from all lodging to 4 room rental lodging and hair salon services.  Joan Puchtler was present for the Board to review a Statement of Property Usage submitted  by she and her husband.  Roger Landry explained that the Puchtlers currently own a bed and breakfast with 4 rooms to rent.  They would like to rent 3 rooms and use the fourth as a beauty salon.  This would be a home business.  The Puchtlers do not plan to employ anyone.  Peggy Chalmers asked what the hours of operation would be.  J. Puchtler replied that she would be open 10 AM to 5 PM, five days per week.  The rooms are rented from Friday through Sunday.  Motion was made by Allan Davis that the Planning Board not require a Site Plan Review for the proposal.  The motion was seconded by Derek Tatlock.  The vote was unanimous and the motion carried.  

MISCELLANEOUS

Review of Suggested Changes in Zoning Regulations for 2007:   Roger Landry distributed copies to the Planning Board members of proposed amendments to the Zoning Regulations as proposed by the Zoning Board of Adjustment.  The proposed amendments are attached to the file copy of these minutes.   R. Landry addressed the first amendment. Section 3.50 Special Exceptions which by special exception application a property owner can build as close to the road as the other structures on the same road.  The ZBA would like to repeal this section as it is creating more and more structures being built too close to the road.  Peter Urbach stated that the Board really has no say because in all cases, the applicant can bring in pictures which show buildings in the neighborhood that are as close to the road as the applicant wants to be.   Michael Marquise disagreed with the amendment stating that it is better to be too close to the street than too close to the lake.  Peter Urbach stated that what evolves are undesirable creations and believes the Planning Board should review the proposed amendment.  He believes altering the front set back should be applied for under a variance rather than a special exception.  Variances are harder to receive than a special exception or a special condition.   M. Marquise would like to see this studied further by both members of the Planning Board and ZBA,  and take the time to rewrite this section instead of repealing it.  He feels this is one of the safety valves set  into the ordinance.  He also feels that Town Counsel should be asked for his opinion on this matter.  Since this mainly affects the shore land properties, Allan Davis suggested that the ZBA check with other town who deal with zoning on lake front properties.  It was agreed that a committee will be created and comprised of two members from the Planning Board and 2 members from the ZBA along with Roger Landry and Michael Marquise.  P. Urbach  and Alex Kish offered to be the two ZBA representatives.  Bruce Jennings and Allan Davis offered to be on the committee to represent the Planning Board.  This new committee will have its first meeting the first Thursday of each month at 6 PM (before the regular Planning Board meeting starts) beginning with the January 2007 meeting.

Planning Board
November 2, 2006

Amendments to 3.50 Special Exceptions were not approved by the Planning Board except for  3.50 (i).    Amendments to 4.30 Overlay District uses, 4.31 Wetlands were not approved by the Planning Board.  Amendments to 5.40 Administration and Enforcement were approved by the Planning Board.  Amendment to 3.40 Additional Requirements was approved by  the Planning Board  Amendment to 4.33 Shorelines – Specific Provisions (8) Erosion Control, (a) Construction was approved with the following change “(viii) Clear cutting may be allowed only with an erosion control plan outside the Shoreland overlay on lots exceeding minimum lot size.”  Amendment to 4.40 Personal Wireless Service Facilities was not approved by the Planning Board.  Amendment 8.20 Certificate of Zoning Ordinance Compliance – Permit was approved by the Planning Board.  Amendment 8.24 Certificate Fees was approved by the Planning Board.  Amendment 10.20 Appeals to the Zoning Board of Adjustment was approved by the Planning Board.

The meeting 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                                  Allan Davis

Derek Tatlock                                           Philip Porter

Greg Vigue, Alternate                                   Emma White. Ex-Officio

Frederick Gallup, Alt. Ex-Officio