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Planning Board Minutes July 7, 2005
TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
July 7, 2005


Roll Call
PRESENT:
                Peggy Chalmers, Chairman
                Bruce Jennings
                Derek Tatlock
                Allan Davis

Ex-Officio Member
                Emma Smith

Alternates:
                John Wheeler
                Philip Porter

Absent:
                Barbara Hollander, Vice-Chairman
                Robert Rieseberg

Staff:
                Michael Marguise – Town Planner
                Roger Landry, Zoning Administrator
                Darlene Morse, Secretary

Others attending are recorded on the attached sign-in sheet.

7:05 PM ROLL CALL

The meeting was called to order by Chairman Peggy Chalmers.

John Wheeler was appointed in the absence of Robert Rieseberg.

The minutes of the June 2, 2005 meeting were reviewed.  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.

Chairman Chalmers gave the floor to Michael Marquise, Town Planner, for reports.  M. Marquise informed the board that he had two revisions to the agenda for consultations.  The first is for Lester Fortune, Map 217, Lot 1, Sleeper Road.  Mr. Fortune wishes to discuss a two lot subdivision on a Class VI road.

The second is Katherine Dalrymple, Map 133, Lot 38, 23 Lake Avenue to discuss a water front land disturbance.  These will be taken up at the end of the meeting.

M. Marquise also reminded the Board that on case #2, McDonough Family Properties, action would be taken on two issues.  One being a subdivision/annexation and the second site plan review.

PUBLIC HEARING/FINAL HEARING

1.  Map 228
    Lots 61,62,63 & 64         James & Evelyn Anderson/Raymond Lucas
                                        Site Plan Review for Subdivision/Annexation
                                        Sioux Path

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 Section 6.04 of the regulations and is eligible for a waiver under Section 6.05 with regard to contours, boundary perimeters, storm drainage and water supply.  He recommends the waiver be granted and feels that the application is complete.

Motion was made by John Wheeler to accept the application as complete with the allowance of waivers as recommended by M. Marquise.  The motion was seconded by Bruce Jennings.  The vote was unanimous and the motion carried.

James Anderson was present to explain his proposal.  There are four lots existing.  One belongs to Raymond Lucas.  His proposal is to annex Lot 61 to Lot 62 and change the boundary line so a lot of  5.7 acres acres will remain.  He then wishes to annex Lot  63 to 64 creating a lot of 12.8 acres.  The final result being that 4 lots exist and he is proposing 3 lots.  J. Wheeler questioned the existence of wetlands.  Mr. Anderson replied that there is a seasonal stream but does not consider the lot wetlands.  Chairman Chalmers asked M. Marquise for his recommendations.  He stated that he sees nothing wrong with the proposal.  No abutters were present to speak.  

Motion was made by John Wheeler to approve the subdivision and annexation with waivers as recommended by M. Marquis.  The motion was seconded by D. Tatlock.  The vote was unanimous and the motion carried.

2.  Map 232, Lot 24
    Map 225, Lot 36                    McDonough Family Properties
                                        Site Plan Review for annexation and for self-
                                        Storage facilities on Rte. 103 and Depot Rd.

M. Marquise again reminded the Board that they were reviewing two separate cases with this applicant.  One is a subdivision/annexation and the second Site Plan Review for the storage facilities.  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 Section 6.04 of the regulations.  M. Marquise recommended the applicant receive a waiver allowed under Section 6.05 for contours, boundary  perimeters, storm drainage and water supply.  He does recommend, however, that, before approval, the Board require the following three items:  1)  A subdivision statement; 2) the designation of zoning district boundaries; and 3) set back lines be shown.

A motion was made by John Wheeler to approve the application subject to the waivers as recommended by M. Marquise and to require the three items as noted by M. Marquise.  The motion was seconded by Allan Davis.  The vote was unanimous and the motion carried.

Discussion continued on Site Plan Review.  M. Marquise informed the Board that the project was still awaiting approval from NH DOT for a driveway access and a Site Specific Review from DES.

A motion was made by John Wheeler to accept the Site Plan Review as complete pending upon state approvals as noted by M. Marquise.  The motion was seconded by D. Tatlock.  The vote was unanimous and the motion carried.

Peter Blakeman presented the proposal.  With regard to the subdivision/annexation, it is proposed to annex  Map 232, Lot 24 to Map 232, Lot 36.  A new boundary line would then be created  resulting in 2 lots of 2.77 acres and .72 acres.  He explained that two minor changes were made to the plan since his last meeting with the Board.  The buildings now consist of 31,600 sq. ft.  Building D can be accessed on two levels.  Pavement has been added and a new entrance into the site.  They will abandon the existing access.  The buildings  provide a 69% coverage of the property.  The office will be in Building A and will contain a bathroom.  A new well has been drilled and they will tie into the town sewer line.  Lighting consists of wall packs that point downward.  Three 12 ft. light poles are also proposed.  These will be at the entrance only.  Circulation around the building has been addressed.  They now propose  keyed entrance gates.  A 4 ft. decorative fence will be placed around the site.   These will be either white vinyl  or black wrought iron.  They propose retaining walls less than 42” in height.  Guard rails will be placed on the perimeter for safety.  With regard to drainage, an infiltration bed will be placed at the end of Building C with catch basins.  These will handle the 10 year flow as required by regulations.  He explained that the project is awaiting approval from NH DOT for driveway access and Site Specific approval.  

J. Wheeler asked if enough rolling space existed for the keyed gate.  Mr. Blakeman responded that he felt  it was sufficient.  Allan Davis questioned the positioning of the gate in the State ROW.  Mr. Blakeman stated that with the State’s permission it would be in the ROW.  A. Davis questioned the right turn radius and fire safety.  M. Marquise stated that the fire  chief should be consulted to determine if there existed enough room between buildings for fire access.  Mr. Blakeman stated that he has spoken with the Chief and was informed that the 25 ft. distance between buildings was adequate.  

Peggy Chalmers inquired about a final landscape plan and signs.  Mr. Blakeman stated that a landscape plan would be presented and  a lighted sign was proposed to be placed at the corner of the property.  

P. Chalmers opened the meeting to abutters.  Robert Gonyo asked if the existing pine  and maple trees would remain as a buffer.  Mr. Blakeman replied that they would.  Tammy Gonyo asked how tall the buildings would  be.  Mr. Blakeman responded that they would not be taller than the existing 15 ft. pines.  The plans are to add more trees between the existing ones.  T. Gonyo asked about the drainage.   Mr. Blakeman responded that this will have to be approved by the State of NH and that he is sure they will look at this very closely.  M. Marquise inquired about a time frame for completion of the project.  Mr. Blakeman stated that it depended upon receipt of State approvals.  M. Marquise recommended that the Board continue this to a later date to allow time for the drainage to be approved by the State and well as consultation with the Fire Chief on safety issues.
Mr. McDonough requested that this be placed on next month’s agenda.  He also inquired about conditional approval.  It was agreed that this will be an item on next month’s agenda and that Mr. Blakeman and Mr. McDonough will come back with a landscape plan and a statement from the Fire Chief.

3.  Map 129, Lot 36                     Town of Sunapee
                                        Rte. 11
                                        Site plan Review for Safety Services Complex

M. Marquise informed the Board that the application was filed three weeks in advance, the fees were waived (as this is a Town project), abutters notices were sent and the notice was posted.  M. Marquise feels that all items have been addressed and the application is complete.  

Motion was made by John Wheeler to accept the application as complete.  The motion was seconded by Emma Smith.  The vote was unanimous and the motion carried.

Lynn Sabrowski presented the plan.  The site consists of 5.1 acres.  The project will cover approximately 2.2 acres.  The existing highway garage will be removed.  The Fire Station will remain until completion of the project to insure fire coverage for the town.  The project will allow 63 parking spaces.   L. Sabrowski explained that with regard to drainage, they are trying to stay at grade.  Drainage will be diverted into an existing pipe.  R. Landry inquired about moving the pipe for more access space.  Discussion was held regarding an access road to the school across the property.  Moving the drain would limit the access even more so this is not an option.  P. Chalmers inquired about public parking and the slope.  Discussion was held on the fact that the public now uses this space to park for ball games and this will still be anticipated.  L. Sabrowski stated that drainage was not aimed in the direction of the ball field.  L. Sabrowski further explained that the existing sewer line will be used and that the building will tie into an existing 8” water line.  Propane is planned for heating.  Landscaping will contain approximately 32 trees and 29 shrubs.  There will be a mixture of firs, birches, crab apple and pear trees.  P. Chalmers inquired about a warning signal to inform the public when the trucks would be leaving the area in response to a call.  M. Marquise suggested that this be coordinated with the Fire Chief and the Road Agent.  P. Chalmers inquired about lighting.  Three poles are planned with the lights pointing downward.  John Wheeler inquired about lights for the separate fire and police departments.  They are planned to be placed at the entrance of each department.  

There was no public comments.  M. Marquise stated that he sees no issues with the proposal and recommends it be approved.   The Board was informed that the project did receive a variance from the Zoning Board for the height of the building.

Motion was made by John Wheeler to approve the application as submitted.  The motion was seconded by D. Tatlock.  The vote was unanimous and the motion carried.

CONTINUATIONS

1.  Map 137, Lots 30 & 31               Round Rock Properties, Inc.
                                        Burkehaven Hill Road
                                        Preliminary Site Plan Review/Preliminary
                                        Subdivision Review

First, it was noted for the records that this is a “final” review and not a preliminary review.

P. Chalmers raised the issue on drainage that was discussed at the preliminary hearing.  Roger Landry read his report of what he found upon inspection.  A copy of the report is attached to these minutes in the Planning/Zoning Office.  M. Marquise stated that he feels that according to R. Landry’s report, the drainage was taken care of with regard to the previous subdivision.  R. Landry stated that  it would be the responsibility of the town to take care of the drainage problem on Burkehaven Hill Road.  Drainage as proposed on the previous subdivision was adequately taken care of.  Allan Davis questioned requirements for the new plan.  J. Wheeler stated that it appears that requirements were met in the past and recommended that with regard to the new proposal, drainage control would occur through the issuance of building permits.  J. Wheeler asked abutter William Roach if he agreed with Mr. Landry’s assessment.  He stated that he did not and that the silt problem began on his property when the property was logged.  Shelia Whitcomb stated  that she believes that this is a new silt problem.  Charles Hirshberg stated that he knows the road is heavily sanded in winter and perhaps a lot of the run off is from the winter sand.   John Wheeler stated no building permit should be issued until adequate run-off is calculated and controlled.  M. Marquise agreed.  Allan Davis added that this erosion control should be monitored during construction and post construction.  Sheila Whitcomb  recommended a settlement pond .

Motion was made by John Wheeler to approve the lot line adjustment on lots 1 and 2 and to require that prior to issuance of a building permit, adequate water run-off data will be provided both during construction and after construction.  The motion was seconded by Allan Davis.  The vote was unanimous and the motion carried.

2.  Map 133, Lots 94 & 94-1                     Maryanne Henry
                                                34 River Road
                                                Site Plan Review for 100 Seat Restaurant
                                                And Two residential units (revised to
                                                4 residential units at prior meeting)

M. Marquise explained that this is still in the preliminary stages and is a continuation of discussion from the June meeting.  Charlie Hirshberg presented a new drawing of the proposal.  Upon checking the history of the Woodbine Restaurant, he found that the original restaurant seated 90 patrons.  Therefore, the plan has been scaled down from 100 seats to 90 seats.  Eight parking spaces are supplied for the 4 residences.  Eight parking spaces are also planned for the restaurant employees.  The employees will park on a grassed area.  Twenty spaces are on the lot.  This will cover regulations for a restaurant that seats 60.    Therefore, 10 spaces would be needed in the public parking area.  C. Hirshberg stated that he would hope the Board would keep in mind  that other businesses in the harbor exist that  provide little or no parking for their patrons.  Consequently, the public spaces are used for these establishments.  There is also the dinner boat whose patrons park in the public spaces.  He doesn’t feel that his client should be treated any differently and would like the Selectmen to allow the proposed restaurant to rely on municipal parking to meet requirements.  C. Hirshberg also added that the restaurant could possibly be grandfathered in accordance with State Statutes.  He would have to look further into this but will not fight on the grandfather issue.  Another change in the proposal is that the developer now would like to preserve a portion of the old Woodbine building.  John Wheeler asked Donna Nashawaty what were the Selectmen’s feeling on the proposal.

Donna Nashawaty explained that she was approached   in regard to parking in the harbor area.  The developer asked if the Selectmen would offer  the use of municipal parking spaces.  It was never said that these spaces would be reserved solely for the restaurant.  She contacted the state to see if municipal parking would be allowed on this property as the town received it from the state.   She was told that it could be used for this purpose.  Parking at the harbor area has been an issue and she thought that if the developer would create the spaces for the Town, it would be a good exchange for their patrons being able to use them as well as other business patrons in the area of the harbor.  M. Marquise stated that he agreed with this approach.  He feels that if a business is going to profit somewhat by the use of municipal parking, he sees nothing wrong for asking for some sort of compensation.   Mary Epremian asked if the proposed municipal parking would be stone or gravel and if the Town would try to keep some of the natural vegetation.  D. Nashawaty explained her idea was to keep the area natural, no pavement.  The cars could park under the trees on the left side of Harbor Hill.  

Gene Hall spoke against the proposed restaurant and condo’s.  He does not like where the buildings are planned and offered a suggestion.  G. Hall wants the Board to do what is right for the Town and feels the harbor area should be preserved as much as possible.
P. Chalmers explained that the Board must follow the regulations adopted by the Town.  She stressed that the Board members cannot act upon their own personal feelings.

Rosemary Gates asked what the common land would consist of if a restaurant and 4 condo units were to be on the same lot.  P. Chalmers thought this raised a good question.  Upon discussion it was decided that the restaurant would own  1/5th of the share of the common land.

J. Wheeler expressed his opinion that he does not feel that the Board should take into consideration off-site parking when approving a project.   P. Chalmers stated that she thought the proposed layout did not provide for landscaping.  

Ed Gazelle stated that he agreed with Gene Hall and would like the Board to do more to protect the harbor.

Louise Bonfiglio asked if there was not enough space for all the required on-site parking, then the Board has the right to deny the proposal.

Judy Ryan questioned lighting and what would be used for buffering.  C. Hirshberg stated that some trees would remain and other greenery planted.  Tim Puchtler questioned the safety in the area for children and increased traffic.  He also questioned if the property contained wetlands.  C. Hirshberg stated that wetlands would not be touched.  

John Wheeler asked for a consensus from the other Board members.  Would the Board consider the project without the correct amount of on-site parking?  Bruce Jennings stated that he did  not feel that discussion on this project was yet exhausted  and feels further discussion is needed.  Philip Porter asked if the developer would come to a meeting to explain the project.  Allan Davis had no problem with the 10 off site spaces as they could be used by anyone -  first come, first served.  

It was agreed that this would be discussed again at the next meeting.

CONSULTATIONS

1.  Lester Fortune, Map 217, Lot 1, Sleeper Road. M. Marquise explained that Mr. Fortune approached him about subdividing property on Sleeper Road which is a Class VI highway.  He further explained that Mr. Fortune would like to build a home on the road.  According to State laws, you cannot subdivide property on a ClassVI road as all subdivisions must have frontage on a Class V or better road.  You can build on a Class VI road after signing and recording waivers regarding emergency services.  Mr. Fortune explained that he wished to purchase part of this parcel from his grandfather and would build on it when finances allowed.  He cannot afford to purchase the entire lot.  It was explained again by the Board and M. Marquise that subdivision would not be allowed – only if he wished to bring the road up to Class V standards.

2.  Katherine Dalrymple, Map 133, Lot 38, 23 Lake Ave.  Land Disturbance
Nick Casey, landscape architect, and Louise Bonfiglio, builder, were present to discuss the proposal.  N. Casey explained that the front yard of the home was extremely wet.  L. Bonfiglio added that  when walked upon,  one sinks in water up to the ankles.  N. Casey proposes to dig up the front yard, remove the clay, bring in 12” of sand and add 12 inches of loam.  The lawn would then be reseeded.  Drainage is a problem on the lot because of the great amount of clay.  The elevation would be approximately 12” higher than the present.
Discussion was held on plantings.  N. Casey stated soft greenery would be used.  R. Landry stated that this would be a big improvement to the property.  Allan Davis expressed concern about clay running into the water.  N. Casey will make sure the clay is removed from the existing cement wall.  

Motion was made by John Wheeler to approve the proposal subject to the planting area being an average of 8 ft. from the cement wall  and that the fill be limited to an average of no more than one foot in height.  The motion was seconded by Allan Davis.  The vote was unanimous and the motion carried.

The meeting was adjourned at 10:55 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.

DATE:_______________________                    PLANNING BOARD

________________________________                ____________________________
Peggy Chalmers, Chairman                                            Barbara Hollander, Vice-Chairman

________________________________                ____________________________
Bruce Jennings                                              Derek Tatlock

________________________________                ____________________________
Robert Rieseberg                                                   Allan Davis

________________________________                ____________________________
John Wheeler, Alternate                                     Emma Smith, Ex-Officio Member

________________________________                ____________________________
Frederick Gallup, Ex-Officio Alternate                      Philip Porter, Alternate