TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
June 2, 2005
Roll Call
PRESENT:
Peggy Chalmers, Chairman
Barbara Hollander, Vice-Chairman
Bruce Jennings
Derek Tatlock
Allan Davis
Alternates:
Philip Porter
John Wheeler
Staff:
Michael Marquise – Planner
Roger Landry – Zoning Administrator
Darlene Morse - Secretary
ABSENT:
Robert Rieseberg
Emma Smith, Ex-Officio Member
Frederick Gallup, Alternate Ex-Officio Member
Others attending are recorded on the attached sign-in sheet.
7:00 PM ROLL CALL
The meeting was called to order by Chairman Peggy Chalmers.
John Wheeler was appointed in the absence of Robert Rieseberg.
The members reviewed the minutes of May 5, 2005. Motion was made by John Wheeler to approve the minutes as amended. The motion was seconded by Allan Davis. The vote was unanimous and the motion carried.
Section 1.01 REPORT BY PLANNER DIRECTOR
Michael Marquise stated that he had three things to report:
1) He introduced Darlene Morse, who was recently hired to be the secretary for the Planning Board.
He stated that he is hoping that John Wheeler and Allan Davis will still be available to sit on the Zoning Amendments Committee. He anticipates that review meetings will begin in approximately 2 weeks and meetings will go on for 4 months. He is requesting that meetings be held the third Thursday of each month, June through to September. These will be planned for 6:30 PM.
Mike passed out preliminary Subdivision Regulation and Site Plan amendments. These address fees, minor subdivision applications, site plan items such as parking and landscaping. He is anticipating a hearing in August on these. He reminded the public that these need only to be approved by the Board. He asked that all members review them.
Chair Peggy Chalmers informed the public that the board has nine items before them on the agenda this evening. She will ask that a ½ hour time limit be set on each item and asked that if the public wished to speak, they should raise their hand and be identified.
PUBLIC HEARING/FINAL HEARING
Map 224, Lot 13
Map 225, Lots 81 & 82 Arthur Corbett, Trustee/Jolyon Johnson. 48 Sleeper Road. Site Plan Review for Subdivision/Annexation of 1.2 Acres From Lot 81 to Lot 82 and Merge Lot 13 to Lot 82.
Michael informed the board that the application was filed three weeks in advance, the
fees were paid, abutters notices sent and the notice was posted. Two items need to be addressed: 1) zoning district building set back and existing set back in accordance with Section 6.05 (minor subdivision) and 2) the waiving of the requirement for a survey of the entire property, a contour map, and the designation of utility lines and drainage. He recommends that these be waived and he feels the application is appropriate and complete.
Motion was made by John Wheeler to accept the application as complete with the waivers granted as addressed by Michael Marquise. The motion was seconded by Allan Davis. The vote was unanimous and the motion carried.
Clayton Platt was present to represent property owners, Corbett and Johnson. He explained that Mr. Johnson plans to buy Lot 224-13 of .85 acres from Mr. Corbett and an additional 1.2 ac. to be subdivided off of Lot 225-82. This property would then be annexed to Mr. Johnson’s Lot 225-82.
No abutters were present to view the plat or to speak.
Michael stated that he sees no problems with the plan as presented. John Wheeler questioned whether or not the Johnson property was in current use assessment. If so, it is assumed that this additional property will be as well.
Motion was made by Allan Davis to accept the proposal as presented. The motion was seconded by Derek Tatlock. The vote was unanimous and the motion carried.
Map 118, Lots 49 & 50 Ann Vantine/Robert Evans, Ramona Meacham/Martha Lovely. 98/100 Burma Road. Site Plan Review for Subdivision/Annexation to Move Lot Line to Original Location
Michael informed the board that the application was filed three weeks in advance, the fees were paid, abutters notices sent and the notice was posted. This plan is basically amending the property back to its original state. The application is complete and complies with the regulations as required in 6.05.
Motion was made by John Wheeler to accept the application as complete. The motion was seconded by Barbara Hollander. The vote was unanimous and the motion carried.
Cliff Richer, surveyor and representative, explained that the existing building is over the property line. That is why the first adjustment was requested. Now, however, the plan is to demolish the existing structure and replace it with one that will lie within the original property lines. Allan Davis questioned whether or not the board could approve the “subdivision” of a building. Mr. Richer stated that the building cannot be demolished until approval is received from the Planning Board for the line adjustment. The Vantine’s explained that they have been before the Zoning Board and have received approval for side set backs. However, their request for set back from the water was moved to the July meeting. Michael suggested that this might receive conditional
approval upon the property owners receiving water set back from the Zoning Board. John Wheeler offered that that was not the only concern, but the demolition of the building was as well. He suggested that conditional approval be offered upon the receipt of approval of the Zoning Board for water set back and a reasonable time when the existing building would be demolished.
There were no abutters to view the plat or to speak.
Allan Davis made a motion to approve the plan conditional upon approval from the Zoning Board of Adjustment for set back requirements (side and water) and that the existing building be demolished within 15 months. The motion was seconded by John Wheeler.
Roger Landry, Zoning Director, assured the board that the side set backs have been approved. The Vantine’s are scheduled for the July Zoning meeting to discuss the set back from the water.
The vote on the motion was unanimous and it carried.
Map 129, Lot 39-2 New Liden Realty Trust. Dowd Lane. Site Plan Review for Two (2) Lot Subdivision.
Michael informed the board that the application was filed three weeks in advance, the fees were paid, abutters notices sent and the notice was posted. He explained that the purpose of the subdivision was to amend the original subdivision approval received by creating 2 lots out of the remaining Lot 6 of approximately 5.4 acres. One lot would contain 3.8 acres and the second lot 1.6 acres. Michael stated that all requirements have been met and that this proposal is not subject to be granted any waivers as it is a continued major subdivision. This means that the maps require contours and septic and well sites. He finds the application complete as submitted. This will require state subdivision approval as the lots are less than 5 acres. He understands that this has already been
received. A copy of the approval was given to Michael by Charlie Hirshberg. The Town should receive a copy soon.
Motion was made by John Wheeler to accept the application as complete. The motion was seconded by Derek Tatlock. The vote was unanimous and the motion carried.
Charlie Hirshberg presented the proposal. He stated that the current lot 6, containing 5.4 acres, would be divided into two lots. They have gone through state subdivision approval and have been approved for septics on both lots. The property fronts Dowd Lane. John Wheeler questioned problems with the original subdivision on the particular lot. Charlie replied that the lot contains ledge. During the original subdivision, the developer chose not to break this lot down because it did contain over 5 acres and did not need state subdivision approval. John Wheeler stated that he remembered a steep slope and would that be on this lot? Michael responded that the slope appeared further down in the original subdivision and not on this lot. John Wheeler asked Michael if this
proposal had any conflict with the original subdivision. Michael replied that it did not.
No abutters were present to view the plat or to speak.
Motion was made by Allan Davis to approve the subdivision as submitted. The motion was seconded by John Wheeler. The vote was unanimous and the motion carried.
Map 137, Lots 30 & 31 Round Rock Properties, Inc. Burkehaven Hill Road. Site Plan Review for Subdivision/Annexation of Land From Lot 30 to 31 and Subdivide Lot 31 Into Two Lots.
Michael informed the board that the application was filed three weeks in advance, the fees were paid, abutters notices sent and the notice was posted. This is a minor subdivision consisting of less than 3 lots and meets the requirements of 6.05 of the Subdivision Regulations. He stated that the application is complete subject to the waiving of contours on the plan, designation of utility lines and storm water plan. He informed the board that consideration of storm water requirements are required to be met in order to receive Zoning Board permits. He feels that this is critical with acceptance of the application as complete.
Bruce Jennings asked if this plan would create more lots. Michael responded that it would create one new lot.
Peggy Chalmers asked if the board could reserve the right to allow that potential development meet storm water requirements before permits were granted for construction.
Michael replied that yes, this could be a requirement as part of the building permit approval process. He would recommend waiving contours but not storm water requirements.
Allan Davis made a motion to accept the application as complete with the waiver of contours but not storm water designation. The motion was seconded by John Wheeler. The vote was unanimous and the motion carried.
Cliff Richer presented the plan. He explained that they proposed an annexation between lot 1 and 2 and that subdivision occurs with the new lot 1 becoming two lots of 1.01 acres and 2.25 acres. These lots to be entitled lot 1 and 1A. John Wheeler questioned the easement for the maintenance of the shed. It was explained that lot 1 would have an easement to the shed. John Wheeler questioned the plan of having a duplex on lot 1 and a single family home on lot 1A. Michael explained that this follows the zoning requirements.
The floor was opened for abutters to speak. Artie Osborne asked why the owner was trying to again subdivide property that was previously approved for subdivision. Peggy stated that he has the right to do this as long as it meets requirements. Artie Osborne stated that he felt that further subdivision of the property should not be allowed. Phil Porter inquired about the views of Croydon and Grantham. He feels that these should be preserved. He questioned whether development of the two new lots would obstruct views. Peggy responded that due to a court decision views could not be taken into consideration regarding decision on property development. Artie again questioned why the board would be reviewing this again as it was previously subdivided and feels the board should
not allow further subdivision. Peggy informed him that this is a new owner and he has the right to come before the board for subdivision if he chooses.
William Roach spoke regarding the drainage of the previous subdivision and possible problems with this one. He stated that they were promised proper drainage in the area previously but has found that he has had a great increase in the deposit of silt in the rear of his property. His lawn is just barely above brook level. He also raised the issue of the extension of Beech Street. Would the plans to work on this road hamper the size of one of the proposed lots? He implored that the board take into consideration the care of storm water and stated that he objects to the subdivision.
Michael stated that Mr. Roach raised a good issue regarding Beech Street and wondered if the lot proposed would become nonconforming.
Cliff Richer stated that the present owners would allow a slope easement to get the proper grade for drainage.
Michael suggested that the anticipated work to Beech Street should be coordinated with the owners of the property to insure compliance.
John Wheeler expressed concern about the encroachment of Beech Street upon one of the lots proposed.
Charlie stated that he does not believe the reconstruction of the road will encroach on the proposed lot but stated that plans were not final.
Gene Hall of Lake Avenue stated that he supported the comments made by Artie in that he feels the town should be taking more of an interest in development within the town. He doesn’t feel that development should occur for the profit of the developer if it may hurt the town. He would like to see the town get more involved in the development of areas of the town and feels the town is not working hard enough in terms of approaching development and interest in Sunapee.
Bruce Jennings explained the purpose of the subdivision regulations, master plan and zoning requirements. He stated that if the board is presented with a plan that satisfies these regulations, then they must be considered for approval. Each case is treated individually.
John Wheeler expressed concern over the drainage issue raised by the public. Michael stated that plans could be required for each lot. John Wheeler asked if a building permit would not be approved until proper drainage plans are provided. Roger Landry stated that this could be done but there is no protection that the plans presented might not fail. Artie asked how drainage could be taken care of properly. Roger replied that a sediment pond might work if set up correctly. Tim Puchtler stated that a drainage problem does exist in the area as he has noticed that no one in the development can grow a lawn. Michael stated that he feels that it needs to be investigated if drainage is an issue. Allan Davis asked who is responsible for the drainage. Michael replied that the
developer is. It was raised that conditions were set on these lots for proper drainage and this was never done. It was the consensus of the abutters that no more lots be approved until the board addresses the current drainage problem. Roger Landry offered to meet the abutters and developer on site and walk the property to see what the problems may be. He will discuss the outcome with Michael. It was agreed that this will be continued to the July meeting in order for the board to receive input from Roger Landry. He will be available to report on his finding at that time.
Map 233, Lot 72 Doreen Amore. 356 Route 103. Site Plan Review for Two (2) Lot Subdivision.
Michael informed the board that the application was filed three weeks in advance, the fees were paid, abutters notices sent and the notice was posted. This is a minor 2 lot subdivision and meets the requirements of 6.05 B of the subdivision regulations. He feels that the application is complete as presented except for designation of storm water drainage.
John Wheeler made a motion to accept the application as complete with the exception of the designation on the plan for storm water drainage. The motion was seconded by Allan Davis. The vote was unanimous and the motion carried.
Patrick presented the plan for Ms. Amore. He stated that it was a simple 2 lot subdivision. Approval from the state for lot 1 is still pending. The driveway permit from the state has been received.
Michael stated that the lot of over 5 acres has been tested for septic. The building site is not wet and he has no issues with the plan as proposed.
No abutters were present to view the plat or to speak.
Motion was made by John Wheeler to approved the subdivision with plan dated May 26, 2005. The motion was seconded by Bruce Jennings. The vote was unanimous and the motion carried.
Map 225, Lot 38 George E. Smith. Route 103. Site Plan Review for Retail Business, Sales/Service.
Michael 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 Site Plan Review regulations other than the plan is lacking showing property parameters,
the boundary surveys and contours. He is asking that these items be waived. Roger added that the box car currently on this property will be removed.
Motion was made by John Wheeler to grant the waivers as recommended by Michael and to accept the application. The motion was seconded by Barbara Hollander. The vote was unanimous and the motion carried.
Norm Smith explained the proposal is to establish a shop for lawn mower sales and services. He anticipates to have two employees on site. He presented a proposal which showed where the mowers would be placed. He is moving the current box car and getting another container so that he may put the mowers away and lock them up at night. He presented a rough draft of a sign. The sign will not be illuminated. Parking will be off Rte. 103. Bruce Jennings inquired about the disposal of gas and oil he may have on site. Norm replied that he would dispose of any gas or oil at the Transfer Station. Any parts removed from mowers will be disposed of at the salvage yard in Goshen. Roger stated that the highway access is existing. Allan Davis asked what would be showing on the property outside. Norm replied just the mowers and designated where he would park them on his plan.
The meeting was opened to the abutters. Tammy Gonyea asked about noise and if it is planned to use an access on Depot Road. Norm replied that the noise will be minimal and there will be no parking on the Depot Road side of the property. His business hours will be Weekdays, 7 AM to 5 PM and on Saturday, 7 AM to 12 Noon. Discussion was held on the original use of the structure on the property. Roger stated that he had no issues with the proposal and in fact would like to see it happen.
Motion was made by Allan Davis to approve the application. The motion was seconded by Derek Tatlock. The vote was unanimous and the motion carried.
PUBLIC HEARING/PRELIMINARY HEARING
Map 225, Lot 36
Map 232, Lots 23 & 24 McDonough Family Properties. Route 103. Site Plan Review for Self-Storage Units.
Peter Blakeman was present to present McDonough Family Properties. The property fronts both Depot Road and Rte. 103. It is proposed to take .9 acres from Map 232. lot 24 and annex this onto Map 225, lot 36. They would then take the larger parcel of property (not containing the house) and construct 4 buildings to be rental property as self storage containers. The total square footage of all of the buildings is 31,600 sq. ft. They plan to put pavement all around the buildings. Two gated accesses are planned. One keyed and the other not. All buildings, but one, Building D, will be one story. Building D will have two stories. An office is planned for the northern end of the buildings. They anticipate one part time employee and the use of a chemical
toilet. They are still unsure about hiring an employee as they may be able to deal with office work through the computer. The buildings will be surrounded by bushes and trees such as balsam, birch, dogwood, spruce, ash, pine, lilacs and yews. Drainage exists on the lot. They will construct an infiltration bed under the parking lot. The property will drain into a detention basin. The property does contain some wet lands but is not judged as wet lands by the state. Water rights to two dug wells exist on the property. It is planned that the easements for these wells will be released. The buildings will have wall packs lights and there will be three pole lights, 12 feet in height near the keyed gate entrance. No electricity will be run into any of the units. The developer has minimized the lighting so it would not impact the neighborhood. Bruce Jennings asked how they would keep the buildings clean and
was it planned to use any chemical cleansers. It was stated that no chemicals or water would be used. They sweep out the buildings with a broom. It was pointed out they will need driveway permits from the State of NH. Philip Porter asked about steep slopes. Mr. Blakeman responded that a 10 foot bank existed on the Rte. 103 side. Retaining walls will be used in accordance with the zoning regulations. John Wheeler inquired about the existing building on lot 24. It was explained that this will remain a real estate office and operate as a separate business. A new drilled well exists with the building. Bruce Jennings asked how wide the coridors were between buildings. Mr. Blakeman stated that they were planned to be 20-25 feet in width. Peggy Chalmers asked about putting shrubbery between the existing pines. Mr. Blakeman stated that this was a possibility.
The floor was opened to the abutters. Tammy Gagne asked if drainage would be deposited on the Depot Road side of the property. Mr. Blakeman stated that it will be guided to the state road and that they will have to receive permission from the state to do this. The goal is to keep the drainage on site. Tammy Gagne asked about lighting in the rear of the buildings. It was stated that the lighting would be minimal and should not affect the area. Traffic impact is also minimal as the buildings are used for storage only. It was questioned if large vehicles, such as trucks, could move around within the area. It was explained that large trucks do not normally enter premises such as these.
Bruce Jennings stated that he felt that the building should have something better than a chemical or compost toilet for use. Also, he thinks the plan should be laid out to allow better traffic flow. It was questioned if there would be turn around room for cars at the proposed office. The answer was that there would.
Tim Puchtler asked how snow removal would be handled with regard to the use of chemicals as there are potential wet lands on the site. Mr. Blakeman responded that they do not use chemicals, only sand in the winter. Any excess snow would be carried away.
Tammy Gagne asked if the project could connect to the town water and sewer system. It was stated that it could but the developer does not have to go to that expense if not needed and asked what town or state laws did not enable him to have a chemical or compost toilet. Michael recommended that the developer speak with the Health Officer and Water and Sewer Department for an answer on that question.
No vote is needed this evening. Therefore, the Chairman stated that review of this would continue and a final hearing set up with the Town Planner when decided upon.
John Wheeler thanked the gentlemen for the changes they did make on the plan since the original concept was presented, specifically not accessing Depot Road.
Map 133, Lots 94 & 94-1 Maryanne Henry. 34 River Road. Site Plan Review for 100 Seat Restaurant and Two (2) Residential Units.
Charlie Hirshburg presented the proposed plan. The property contains 1.4 acres. The owner would like to rejuvenate the old Woodbine Cottage restaurant and also build 4 condo units. The majority of the parking would be on site. The restaurant would sit 100 and be a building 40’x70’. The zoning requirements need 33 spaces for patrons to park. Six parking spaces are needed for the 4 dwelling units (in accordance with the zoning regulations). It is planned to employ approximately 10 people. Their parking spaces will be on the grass section. The owner has approached the Board of Selectmen to create 13 parking spaces on the town’s Ben Mere property. No agreement has been reached on this. Peggy Chalmers asked about garages for
the condo units. Charlie responded that no garages were planned. Plantings are planned. Town water and sewer will be used. The side set back is 10’ and the front 40’. It is anticipated that the restaurant will only be open during the warm weather and not year round.
Philip Porter inquired if the project needed the 13 spaces on town property to comply with the zoning regulations. The response was that it did.
The question was raised to ask if the existence of propane for this project was allowed. This will have to be checked into.
Tim Puchtler expressed concern over the possibility of increased traffic and more problems with the lack of parking at the harbor.
Mary Epremian stated that she did not feel that 6 parking spaces were enough for 4 units. This would not allow parking spaces for visitors. She does not feel that the Town should be negotiating with the owner for parking spaces on town property without town approval at town meeting.
John Wheeler stated that the town would need clearance from the state to allow parking on this property as it was obtained through a state grant and is to be used for recreational purposes only. Charlie stated that the Town Manager is speaking with the state with regard for permission to allow parking on this site.
Harry Gazelle stated that he did not feel that enough parking existed for the restaurant and dwelling units. Charlie explained that the zoning regulations require one space for each 3 seats.
Barbara Cooper stated that she is disappointed that more pavement would be laid in the harbor area as it is planned to make walkways and such out of brick. She feels the parking would take away from the effect of the gazebo. Charlie stated that not using pavement for the parking spaces could be discussed and worked out.
Cindy Cuts Putnam asked to be shown where the development would exist in relation to Maple St., Maple Ct. and the gazebo.
Peter Urback expressed concern that the property the town is considering for parking should only be used for recreational purposes as originally planned. He believes that the town may have to make a trade of existing recreational property in accordance with state requirements.
Sheila Whitcomb expressed concern with problems with parking.
Gene Hall stated that he did not feel it was right for the town to facilitate the property by providing parking. He does not feel that the project is good for the Town and is too overwhelming for this particular section of town.
Discussion was held on grandfathering. It was explained that only the building and its size was grandfathered and not the use. A new building can be constructed in the same spot. William Roach question if this were true if the building did not have a basement. It was explained that it didn’t matter if a basement existed or not.
More concern was expressed over the town providing parking spaces. William Roach, Selectman, informed the audience that it was not a “done deal”.
Pat Hall, Co-Chair of the committee for Beautification of the Harbor stated her dislike of the proposed project. Her committee has been working very hard to make the area more attractive and does not feel this will be of benefit.
1. Judy Ryan questioned the distance of the project from her property. She was told by Charlie that it would be approximately 35 feet.
Tim Puchtler asked if the tall trees would remain. Charlie responded that they would.
Peggy Chalmers stated that this does not require a vote of the board at this time and discussion will be continued to the next meeting scheduled for July 7, 2005.
CONSULTATION
Map 133, Lot 91 Sunapee Harbor-Riverway, Inc. River St. Change Pete’s Shed to Three (3) Apartments.
Harry Gale was present with Swen ????. Mr. (Swen???) wishes to purchase the Woodsume Gallery. He would like to use the building for his graphic arts business and residence. He would make two additional apartments in the building. The building contains 5,000 sq. ft. It was determined that the lot size is .11 acres. Peggy Chalmers pointed out that in accordance with the zoning regulations this area does not allow for that many swellings. Mr. ????? intentions would have to be discussed with the Zoning Board of Adjustment. Mr. Gale stated that he would do this. Roger informed him that this would require a variance from the ZBA which means that a hardship would have to be proven.
Roger suggested that Mr. Gale provide the ZBA with a layout of the building showing property lines.
The meeting was adjourned at 10:30 PM.
NOTE: The above minutes represent 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, Secretary
DATE: _______________ PLANNING BOARD
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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 Allen Davis
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John Wheeler, Alternate Emma Smith, Ex-Officio Member
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Frederick Gallup, Ex-Officio Alternate Philip Porter, Alternate
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