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Planning Board Minutes September 1, 2005
TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
September 1, 2005


Roll Call
PRESENT:
        Peggy Chalmers, Chairman
        Bruce Jennings
        Derek Tatlock
        Emma Smith, Ex-Officio Member
        Robert Rieseberg
        Allan Davis
        Barbara Hollander, Vice-Chairman
        Derek Tatlock
        Philip Porter, Alternate
        John Wheeler, Alternate

        Staff:  Michael Marquis, Planner
                   Roger Landry,  Zoning Administrator
                   Darlene Morse, Secretary

ABSENT:
        Frederick Gallup, Ex-Officio Alternate

OTHERS ATTENDING:  
        Charlie Hirshberg, Donna  Robinson,  Donna Nashawaty, Stephen White, Nancy
        Clark, Donna Gazelle, Mary Epremian, Beverly Cutts, Gene Hall, Judy Ryan,
        Tom Callahan, Rebecca Miller, Anne Nilsen, Stephen Nilsen, William Roach,       
         Mr. & Mrs. Richard Gross, Richard Raps and Doris Raps.(See sign-in sheet attached to file copy of                 
        minutes.)

7:00 PM ROLL CALL

The meeting was called to order by Chairman Peggy Chalmers.  The minutes of the August 4, 2005 meeting were reviewed.  Allan Davis asked that the Amendments to the Subdivision Regulations and Site Plan Review Regulations be placed on the October meeting agenda for discussion.  This will be done.  A motion was made by John Wheeler to approve the minutes as amended.  The motion was seconded by Barbara Hollander.  Abstaining from voting were Allan Davis, Barbara Hollander and Robert Rieseberg as they were not present at the meeting.  The motion carried.

REVISIONS TO THE AGENDA:
Michael Marquis offered the following revisions to the agenda.  Pensco Trust was on the agenda for consultation.  They asked to be removed until the next meeting.  Added under consultation is discussion of a question of property usage for the Dexter Inn property.  He announced that a meeting of the Zoning Group is scheduled for Thursday, September 15, 2005 at  6 PM at Town Hall.  Also a joint meeting of the Planning Board and Zoning Board is scheduled for Thursday, September 22, 2005 at 6:30 PM at Town Hall.  The Town’s attorney will be present at this meeting to answer any questions that either Board may have.

Peggy Chalmers asked if there was  anyone  from the Board that wished to add to the discussion.  Philip Porter raised  his concern about  the firework displays over the lake with regard to the debris that falls into the lake.  Peggy Chalmers stated that she feels this was an issue that should be brought to the Board of  Selectmen.  Donna Nashawaty stated she felt the Lake Sunapee Protective Association should be consulted.  Emma Smith offered to bring this to the attention of Charles Smith who is the town’s representative to the Sunapee Water Shed Coalition Committee.

Before opening up the meeting to begin hearings, Peggy Chalmers informed the audience that due to the large amount on the agenda for this evening, she will limit discussion on each case to one hour.

PUBLIC HEARING/FINAL HEARING:

1.  Map 133, Lots 94 & 94-1:  Maryanne Henry, 34 River Road, Final Hearing, Site Plan Review for 90 Seat Restaurant and Four Residential Units:

Michael Marquise advised that the application was filed three weeks in advance, fees were paid, abutters notices sent, and notices were posted.   He stated that the plans meet the requirements set forth in Article 5 of the Site Plan Review Regulations.  All appears to be present other than the findings about toxic waste and hazardous materials, but he does not feel this is applicable to the case.  He finds the application to be complete.  Motion was made by Bruce Jennings to accept the application as complete.  The motion was seconded by Allan Davis and carried unanimously.

Charlie Hirshberg presented the application on behalf of the property owner.  He explained that the owner planned to recreate the former Woodbine Cottage restaurant and to construct 4 housing units on the back of the property.  The restaurant will be 3,000 sq. ft..  They plan on retaining part of the existing structure to reflect the original character of  what existed.  They will keep the house portion and build onto that.  The entry to the restaurant will be through a side entrance and not the original existing doors.  The original doors will be left on the building for style only, not function.  They will retain the existing plantings in the front of the building and will add other similar plantings around the building.  A walk-in cooler area will be added to the building in the rear.  The restaurant will seat 90.  He believes the original restaurant seated 100 +.  Parking spaces, 19, are planned for customers and 8 for employees.  Employee parking will be on a green, grassed area.

With  regard to the housing units, they will be similar to the style of the restaurant with garages underneath that will provide parking for two cars.  The entry to the units will be through the garage  level.  Each unit will have a porch that will face the Ben Mere property.  The total area of the property is 1.04 acres and 42% of this area relates to hard surfaces, such as parking lots, roofs, etc.  Site disturbance consists of landscaping and drainage.  Drainage will stay similar to what is presently in place with the addition of detention areas.  This will provide catch basins that run into a culvert and then eventually empty into the Sugar River and not the lake.  The project is served by Town water and sewer.  Water service is now connected to the old building and this will be upgraded to meet  present requirements.  

Lighting  will be placed around the restaurant building as shown on the site plan.  These will not be tall and will reflect down toward the restaurant  parking area.  Employee parking will have the brown type, low level lighting.  These are 3’6” in height with a lit band.  Four are planned and will be placed on the green strips  within the area.  They will be placed on a timer.  Judy Ryan asked if a lounge would be in the restaurant.  C. Hirshberg replied that there would be for patrons who are waiting to be served.  They do not plan to have a “bar”.  He anticipates that the restaurant will close at 11:30 PM.  Discussion was held on establishing operating hours so that the abutters would know what to expect.  Peggy Chalmers explained that the Planning Board would insure that the hours were established and that the abutters would be provided with this knowledge.
Tom Callahan and Gene Hall expressed concern at what time the establishment might close and the possibility of noise late in the evening due to this.

With regards to landscaping,  the present plantings  will remain  on the front and will be maintained and enhanced by similar plantings.  The same is planned for the sides of the restaurant.  A tree buffer exists along the Ben Mere property.  Judy Ryan questioned the tree buffer stating that only ferns and plants are between her property and this property, no trees.  C. Hirshberg stated that he would take a look at this area and added that a buffer can be done with a mixture of ever greens and hardwood trees.  Beverly Cutts asked how far the condos will be from the property.  C. Hirshberg stated that they are within the requirements of the Zoning Ordinance.  Judy Ryan asked how close the project was to her property line.  C. Hirshberg estimated that her property was 5 feet from the employee  parking area and parking lot and driveway.  Tom Callahan questioned the distance between the Ben Mere property line parking lot, driveway.  C. Hirshberg stated that the proposed driveway was estimated to be 3 feet from the boundary line.    Judy Ryan asked the height of the buildings.  C. Hirshberg replied that they would be 36 feet high.  Donna Gazelle questioned parking for guests of the residents of the units.  She was informed that they would have to find a spot on their own as the  two spaces are being provided for each unit in garages.  

C. Hirshberg  presented a parking proposal which would provide  a shared area for the restaurant and for municipal parking.  The proposal is to expand the existing municipal parking beyond the gazebo in the Ben Mere Park.  A one way route is planned.  The developer would provide up to 10 more spaces and would move the existing boat launch/wash area.  They would provide filtering of the water from the boat wash area.  Tom Callahan asked  how much property  would this proposal take from the area and what type of surface would it have.  C. Hirshberg replied that the surface would be gravel and  the driveway would be 20 feet wide to accommodate the one lane route.  They will have to clear an area for the road but it would not be large.  Judy Ryan asked about lighting in this area.  C. Hirshberg replied that none is planned.  Gene Hall expressed his displeasure that the developer would presume he could take property from the Town to provide additional parking.  He thought this land would not be touched and has a problem with the increased parking and new boat launch/wash area.  C.  Hirshberg replied that this proposal would provide better traffic movement in the harbor area and that he was approached with the request to come up with a plan that would provide assistance to the municipality.  Tom Callahan asked if this area would be plowed in the winter.  C. Hirshberg replied that it would not.   Stephen White stated that the area is already an open area, not wooded.  He believes there are only some large stones on it now.  Therefore, a huge amount of cutting would not  need to be done.  S. White stated his approval of the project as long as it meets existing zoning requirements, which it does.  He stated that the developer could easily build 4 larger condos on the property if approval for the restaurant is not given.  He feels this would be a good opportunity for the town to receive more municipal parking by working with the developer on his proposal for additional parking.  
Mary Epremian asked if the new parking would provide room for the boat trailers.  She was told that boat trailers are not allowed to park in this area.  C. Hirshberg stated  that if the restaurant is not approved, then larger condos would be proposed.  

Peggy Chalmers stated that she thought the employee parking is a tight squeeze.  C. Hirshberg stated that the employees would probably have to do some maneuvering.  C. Hirshberg explained how the employee parking would be built adding that the green area for parking will assist with water run off as it will infiltrate into the area.  

Bruce Jennings expressed concern for noise with the possibility  of employees not leaving the restaurant until very late, such as maybe 2 AM.  He would like to see more buffering to assist with the possible noise and lights that would affect the abutters.

Gene Hall stated that he doesn’t agree at all with the project.  He stated he is concerned that the developer did not look at alternative ways  of using the property.  He feels as proposed, the project is too large for the area.  He doesn’t like this  and he believes this project is encroaching on the Ben Mere area.  C. Hirshberg explained that the venture was for the best economical advantage.   Gene Hall asked why the proposed residential units were not planned for the rear of the property to protect the abutters.   C. Hirshberg stated that the reason for the units being planned where they are was for the reason to protect the abutters as much as possible.  Stephen White stated that he thinks the project is excellent including the increased parking and moving of the present boat launch/wash site.  John Wheeler stated that it was not the responsibility of the Board to determine if a proposal is economically viable, but he does feel that the project is providing the lot with “over build”.  He added that parking is something that the Board does have a say in and feels that the Board should stick to the requirements.  Philip Porter also stated that he felt the property is being overdeveloped.  He stated that originally two condo units were proposed and now four.  He did not like the threat of 4 large condos.    Bruce Jennings asked about the position of dumpsters.  C. Hirshberg explained that one would be provided for the restaurant, but that the owners of the units would have to dispose of their own trash.

Peggy Chalmers suggested that the Board walk the site with C. Hirshberg.  The other members agreed.  C. Hirshberg was asked to stake out the property lines and locations of the proposed structures.   Tom Callahan asked that the proposed new parking area be staked out as well, but was told by both Bruce Jennings and Michael Marquise that this was a Selectmen issue and not a concern of the Planning Board.  William Roach stated that the Board of  Selectmen has not been approached with regard to the new parking area and  moving of the present boat launch/wash site.  He recommended that before the developer makes any plans, he should find out where the water line is located in the area.

It was agreed that the Board would meet on site and walk the property at 5 PM on September 22, 2005.  

Peggy Chalmers introduced the property developer, Jay Cruise and stated that the hearing was continued until the October 6, 2005 meeting of the Planning Board.

PUBLIC HEARING/PRELIMINARY HEARING:

1.  Map 237, Lot 25, Ella Flanders, Brook Road, Six Lot Subdivision & I PUD Lot with Twelve Units:

Michael Marquise advised that  this was a preliminary hearing with no application requirements.   Charlie Hirshberg presented the proposal.  The property is on Brook Road and is close to the Sunapee Goshen town line.  The property consists of 37.5 ac. and has been in the family for 50+ years.  The property fronts on Brook Road.  Building development would be on  the portion of the property away from the road.  Individual lots are planned and also a planned unit development.  The existing house would be torn down.  The property terraces away from Brook Road.  Soils appear on the plan as well as slopes.  No buildings are planned near the edge of the steep slopes.  All units are interior.  The proposed road is 1,200 feet long and goes into a cul-de-sac.  The steepest the proposed road is  at a 6-7% grade.  C. Hirshberg explained that  this is a 7 lot subdivision to include 6 individual lots and one PUD which has enough area to contain 24 units.  The land is zoned rural residential.  A 50 foot buffer is planned around the cluster development.  Lots will range from .7 ac. to 2.0 ac.  The PUD will contain a total of 18.2 ac.  The six individual lots could contain single homes or duplexes.  Property septic systems can be installed with regard to  state law.  Two units would share a leach field in the PUD.  A well is proposed for each lot.  All construction is 100 feet from any wetland.  The PUD’s will have driveways of 18 feet  wide to serve two units.  He has met with the Fire Chief to make sure that fire equipment can maneuver on the driveway and  road.  The Chief stated that there was enough room.  A 30,000 gallon water tank will be installed on the site for fire fighting purposes.  John Wheeler asked what the source would be to fill the tank and C. Hirshberg replied that the Fire Department would be willing to do this.  Roger Landry explained that the Fire Chief prefers the in-ground tanks vs. a fire pond.  C. Hirshberg explained that the drainage was still in the preliminary stages.  He needs to  go through the state with regard to Site Specific, water detention and treatment of water.  Drainage may go onto existing wetland  on  the property.  It has been determined that adequate soils exist for drainage.  C. Hirshberg explained that the units are shown larger than they may  possibly  be on the plans.  He wanted to insure that the area was large enough for placement and setbacks.  The property has a view of Ascutney, VT.  Even though a view exists, the development is shielded  from being viewed from the road.  No homes will be constructed within 800 feet of where the proposed road intersects with Brook Road.  Utilities will be provided by Public Service Co. of  NH.  No poles are planned for the road and they hope to bring the power in through an open space.  All lines will be run underground to the units.  Although the plans call for duplexes, any type of home may be constructed on the lots.  In terms of clearing the property, clearing will be done for septic systems and  around the units.  No clear cutting will be performed.  John Wheeler asked if the PUD area coverage included septic systems.  C. Hirshberg replied that it did.  Allan Davis asked if it was planned to have the Town maintain this road.  C. Hirshberg stated that the road would be constructed to meet town specifications.  They have already received a permit from the state for entrance onto Brook Road.  There is  good sight distance although some brush may need to be cut.  Philip Porter asked if an association might be formed to be responsible for the open space.  C. Hirshberg stated that open space could be common.  Ideally they would like to establish trails for cross country skiing.  The road maintenance would be shared by everyone.  Richard Gross asked how close the proposed trails would be to other land.  C. Hirshberg stated no closer than 30 feet.  They would be 5 feet wide.  He added that the trails are not finalized yet.  Mrs. Gross asked about run off into the brook.  C. Hirshberg stated that the project will not change the water shed.  The water will be fed back in the wetland area.  They are not allowed to impact any abutting property with run-off.  Mrs. Gross inquired about salt run off from the proposed road.  C. Hirshberg stated that they will be required to treat the runoff with treatment swales and detention areas.  The road will be above the grade of the property.  Mr. Gross asked about the ditches coming straight to the road and wondered if the State will use the existing ditch.  C. Hirshberg stated that ditches would go into the wetland area.  Mr. Gross explained that there was damage to the culvert on Brook Road and is concerned if more water is diverted to it.  C. Hirshberg stated that he noticed when he met with  State Highway regarding the road entrance that work needed to be done to that section as part of the road appears to be undermined.  The State employee noticed this too and said he would take care of it, but C. Hirshberg said it would be a good idea if the Gross’ called as well.  

Michael Marquise stated that he saw no major issues with the plans.   Mr. Hirshberg is required by State law to receive a large number of permits from them, therefore, he feels that the Town will be covered under the receipt of these state permits.  Rob Flanders asked M. Marquise if he could foresee any issues with the cluster development and PUD.  M. Marquise said he could not but the Planning Board needs to perform their review of the project.

Allan Davis requested that the radius be placed on the flares on the road.  C. Hirshberg said he would make sure this was done.

Peggy Chalmers told Mr. Hirshberg that he may move on with this project.  The next submission would be final.

CONSULTATIONS:

1.  Map 133, Lot 124, Rick & Doris Raps, 179 Burkehaven Hill Rd., Subdivision Proposal

Mr. & Mrs. Richard Raps were present to discuss with the board a minor one lot subdivision.  One building exists on the lot currently and they are proposing to subdivision a lot off so that they may build a new house for themselves.  John Wheeler questioned the acreage because of the units in the  hotel that is on the site.  M. Marquise stated that this did not count as the units were not considered dwelling units.  The Raps were told they could move forward to see M. Marquise about a final application.

2.  Dexter’s Inn – Question of Property Usage

Johnny Chiarella explained that he has been working with John Augustine, owner of  Dexter’s Inn, and abutting property owners, the Webbs and Simpsons, to maintain a cross country skiing facility at Dexter’s Inn.   He explained that there would be a charge for the use of equipment and trails.  Bruce Jennings asked if he would be using a  building to rent out equipment.   J. Chiarella stated that he might possibly use the main inn building.  Allan Davis asked how many people he thought he might expect.  J. Chiarella stated that he had no idea.  Using what stats he knows from his previous business, it could range from 69 to 150 per day.  Allan Davis asked about parking.  It was agreed there is a large area on the site for parking.

Michael Marquise explained that the reason Mr. Chiarella is before the Board is to determine if this  project needs Site Plan Review and is there a change or increase in use.  M. Marquise stated that new people will now be allowed to rent the equipment, not just the inn customers.  Roger Landry explained that when he checked with the Town’s attorney, he was told  that Mr. Chiarella should apply for Site Plan Review from the Planning Board and a Special Exception from the Zoning Board.  J. Chiarella stated that if he is required to do this, he will not be able to carry through with this venture as he has advertising, etc. to do and has deadlines for these.  The ZBA could meet with him on October 6 but the Planning Board could not meet with him until the November meeting.    Bruce Jennings asked M. Marquise what he wanted to look at.  M. Marquise stated that he feels this requires Site Plan Review as there is a change in use.  He feels the abutters should be notified.  R. Landry suggested that the septic system might need to be addressed.  R. Landry suggested a permit for one year to see what the changes are, if any, from the venture to the local neighborhood.  J. Chiarella argued that there would be no change in the use, just in who would manage the skiing.  He would be helping Mr. Augustine and possibly improve his inn patronage.  Bruce Jennings asked if he would be near the Crowther Chapel.  He stated no and  that he would not want the responsibility to be near that property.  John Chiarella stated that he could not understand why his son needed to go through these processes.  The inn has been ongoing for years.  Peggy Chalmers pointed out the recreation facilities were allowed only under special exception.  John Chiarella stated that a tennis court exists, cross country skiing and snow shoeing already exist and these are recreational.  John Wheeler asked if there would be motorcycles or snowmobiles.  The reply was that there would not.  M. Marquise reminded the Board that the matter of Special Exception was a zoning issue and could not be addressed by the Planning Board.  Only the issue of Site Plan Review could and he believes that this should be required by J. Chiarella.  Roger Landry stated that his decision stands and he will require Johnny Chiarella to come before the ZBA for approval.  He reminded J. Chiarella that he needed to come to see him soon to fill out the proper application form if he wanted to be heard on October 6, 2005.  

Peggy Chalmers polled the Board members to see who felt that this project should come in for Site Plan Review:   In favor of  requirement of Site Plan Review was John Wheeler and Emma Smith.  Against were Allan Davis, Derek Tatlock, Barbara Hollander and Bruce Jennings.  J. Chiarella will not be required to come before the Board.    J. Chiarella stated that he will come back before the Board in one year to see if they determine he needs Site Plan Review.  

Donna Nashawaty expressed concern that the project was not going before the Planning Board.  She informed the Board that she receives calls now from residents in the area regarding events being held at Dexter’s Inn.  She feels there will be an increase in traffic, therefore an impact on the neighborhood.  

J. Chiarella again stated that he would return to see the Planning Board in one year.

10:25 PM – There being no further business to come before the Board, the meeting adjourned.

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, Secretary         Approved______________________

________________________________                ______________________________
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

TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
September 1, 2005


Roll Call
PRESENT:
        Peggy Chalmers, Chairman
        Bruce Jennings
        Derek Tatlock
        Emma Smith, Ex-Officio Member
        Robert Rieseberg
        Allan Davis
        Barbara Hollander, Vice-Chairman
        Philip Porter, Alternate
        John Wheeler, Alternate

        Staff:  Michael Marquis, Planner
                   Roger Landry,  Zoning Administrator
                   Darlene Morse, Secretary

ABSEBT:
        Frederick Gallup, Ex-Officio Alternate

OTHERS ATTENDING:  
        Charlie Hirshberg, Donna  Robinson,  Donna Nashawaty, Stephen White, Nancy
        Clark, Donna Gazelle, Mary Epremian, Beverly Cutts, Gene Hall, Judy Ryan,
        Tom Callahan, Rebecca Miller, Anne Nilsen, Stephen Nilsen, William Roach,       
         Mr. & Mrs. Richard Gross, Richard Raps and Doris Raps.(See sign-in sheet attached to file copy of                 
        minutes.)

7:00 PM ROLL CALL

The meeting was called to order by Chairman Peggy Chalmers.  The minutes of the August 4, 2005 meeting were reviewed.  Alan Davis asked that the Amendments to the Subdivision Regulations and Site Plan Review Regulations be placed on the October meeting agenda for discussion.  This will be done.  A motion was made by John Wheeler to approve the minutes as amended.  The motion was seconded by Barbara Hollander.  Abstaining from voting were Allan Davis, Barbara Hollander and Robert Rieseberg as they were not present at the meeting.  The motion carried.

REVISIONS TO THE AGENDA:
Michael Marquis offered the following revisions to the agenda.  Pensco Trust was on the agenda for consultation.  They asked to be removed until the next meeting.  Added under consultation is discussion of a question of property usage for the Dexter Inn property.  He announced that a meeting of the Zoning Group is scheduled for Thursday, September 15, 2005 at  6 PM at Town Hall.  Also a joint meeting of the Planning Board and Zoning Board is scheduled for Thursday, September 22, 2005 at 6:30 PM at Town Hall.  The Town’s attorney will be present at this meeting to answer any questions that either Board may have.

Peggy Chalmers asked if there was  anyone  from the Board that wished to add to the discussion.  Philip Porter raised  his concern about  the firework displays over the lake with regard to the debris that falls into the lake.  Peggy Chalmers stated that she feels this was an issue that should be brought to the Board of  Selectmen.  Donna Nashawaty stated she felt the Lake Sunapee Protective Association should be consulted.  Emma White offered to bring this to the attention of Charles White who is the town’s representative to the Sunapee Water Shed Coalition Committee.

Before opening up the meeting to begin hearings, Peggy Chalmers informed the audience that due to the large amount on the agenda for this evening, she will limit discussion on each case to one hour.

PUBLIC HEARING/FINAL HEARING:

1.  Map 133, Lots 94 & 94-1:  Maryanne Henry, 34 River Road, Final Hearing, Site Plan Review for 90 Seat Restaurant and Four Residential Units:

Michael Marquise advised that the application was filed three weeks in advance, fees were paid, abutters notices sent, and notices were posted.   He stated that the plans meet the requirements set forth in Article 5 of the Site Plan Review Regulations.  All appears to be present other than the findings of toxic waste and hazardous materials, but he does not feel this is applicable to the case.  He finds the application to be complete.  Motion was made by Bruce Jennings to accept the application as complete.  The motion was seconded by Allan Davis and carried unanimously.

Charlie Hirshberg presented the case on behalf of the property owner.  He explained that the owner planned to recreate the former Woodbine Cottage restaurant and to construct 4 housing units on the back of the property.  The restaurant will be 3,000 sq. ft..  They plan on retaining part of the existing structure to reflect the original character of  what existed.  They will keep the house portion and building onto that.  The entry to the restaurant will be through a side entrance and not the original existing doors.  The original doors will be left on the building for style only, not function.  They will retain the existing plantings in the front of the building and will add other similar plantings around the building.  A walk-in cooler area has been added to the building in he rear.  The restaurant will seat 90.  He believes the original restaurant seated 100 +.  Parking spaces, 19, are planned for customers and 8 for employees.  Employee parking will be on a green, grassed area.

With  regard to the housing units, they will be similar to the style of the restaurant with garages underneath that will provide parking for two cars.  The entry to the units will be through the garage  level.  Each unit will have a porch that will face the Ben Mere property.  The total area of the property is 1.04 acres and 42% of this area relates to hard surfaces, such as parking lots, roofs, etc.  Site disturbance consists of landscaping and drainage.  Drainage will stay similar to what is presently in place with the addition of detention areas.  This will provide catch basins that run into a culvert and they eventually into the Sugar River and not the lake.  The project is served by Town water and sewer.  Water service is now connected to the old building and this will be upgraded to meet  present requirements.  

Lighting  will be placed around the restaurant building as shown on the site plan.  These will not be tall and will reflect down toward the restaurant  parking area.  Employee parking will have the brown type, low level lighting.  These are 3’1/2” in height with a lit band.  Four are planned and will be placed on the green strips  within the area.  They will be placed on a timer.  Judy Ryan asked if a lounge would be in the restaurant.  C. Hirshberg replied that there would be for patrons who are waiting to be served.  They do not plan to have a “bar”.  He anticipates that the restaurant will close at 11:30 PM.  Discussion was held on establishing operating hours so that the abutters would know what to expect.  Peggy Chalmers explained that the Planning Board would insure that the hours were established and that the abutters would be provided with this knowledge.
Tom Callahan and Gene Hall expressed concern at what time the establishment might close and the possibility of noise late in the evening due to this.

With regards to landscaping,  the present plantings  will remain  on the front and will be maintained and enhanced by similar plantings.  The same is planned for the sides of the restaurant.  A tree buffer exists along the Ben Mere property.  Judy Ryan questioned the tree buffer stating that only ferns and plants are between her property and this property, no trees.  C. Hirshberg stated that he would take a look at this area and added that a buffer can be done with a mixture of ever greens and hardwood trees.  Beverly Cutts asked how far the condos will be from the property.  C. Hirshberg stated that they are within the requirements of the Zoning Ordinance.  Judy Ryan asked how close the project was to her property line.  C. Hirshberg estimated that her property was 5 feet from the employee parking area.  Tom Callahan questioned the boundaries between the project and parking lot, driveway.  C. Hirshberg stated that the proposed driveway was estimated to be 3 feet from the boundary line.    Judy Ryan asked the height of the buildings.  C. Hirshberg replied that they would be 36 feet high.  Donna Gazelle questioned parking for guests of the residents of the units.  She was informed that they would have to find a spot on their own as the proper two spaces are being provided for each unit as garages.  

C. Hirshberg  presented a parking proposal which would provide  a shared area for the restaurant and for municipal parking.  The proposal is to expand the existing municipal parking beyond the gazebo in the Ben Mere Park.  A one way route is planned.  The developer would provide up to 10 more spaces and would move the existing boat launch/wash area.  They would provide filtering of the water from the boat wash area.  Tom McCallahan asked  how much property  would this proposal take from the area and what type of surface would it have.  C. Hirshberg replied that the surface would be gravel and  the driveway would be 20 feet wide to accommodate the one lane route.  They will have to clear an area for the road but it would not be large.  Judy Ryan asked about lighting in this area.  C. Hirshberg replied that none are planned.  Gene Hall expressed his displeasure that the developer would presume he could take property from the Town to provide additional parking.  He thought this land would not be touched and has a problem with the increased parking and new boat launch/wash area.  C.  Hirshberg replied that this proposal would provide better traffic movement in the harbor area and that he was approached with the request to come up with a plan that would provide assistance to the municipality.  Tom McCallahan asked if this area would be plowed in the winter.  C. Hirshberg replied that it would not.   Stephen White stated that the area is already an open area, not wooded.  It believes there are only some large stones on it now.  Therefore, a huge amount of cutting would not  need to be done.  S. White stated his approval of the project as long as it meets existing zoning requirements, which it does.  He stated that the developer could easily build 4 larger condos on the property if approval for the restaurant is not given.  He feels this would be a good opportunity for the town to receive more municipal parking by working with the developer on his proposal for additional parking.  
Mary Empremian asked if the new parking would provide room for the boat trailers.  She was told that boat trailers are not allowed to park in this area.  C. Hirshberg stated  that if the restaurant is not approved, then larger condos would be proposed.  

Peggy Chalmers stated that she thought the employee parking is a tight squeeze.  C. Hirshberg stated that the employees would probably have to do some maneuvering.  C. Hirshberg explained how the employee parking would be built adding that the green area for parking will assist with water run off as it will infiltrate into the area.  

Bruce Jennings expressed concern for noise with the possibility  of employees not leaving the restaurant until very late, such as maybe 2 AM.  He would like to see more buffering to assist with the possible noise and lights that would affect the abutters.

Gene Hall stated that he doesn’t agree at all with the project.  He stated he is concerned that the developer did not look at alternative ways  of using the property.  He feels as proposed, the project is too large for the area.  He doesn’t like this  and he believes this project is encroaching on the Ben Mere area.  C. Hirshberg explained that the venture was for the best economical advantage as possible.   Gene Hall asked why the proposed residential units were not planned for the rear of the property to protect the abutters.   C. Hirshberg stated that the reason for the units being planned where they are was for the reason to protect the abutters as much as possible.  Stephen White stated that he thinks the project is excellent including the increased parking and moving of the present boat launch/wash site.  John Wheeler stated that it was not the responsibility of the Board to determine if a proposal is economically viable, but he does feel that the project is providing the lot with “over build”.  He added that parking is something that the Board does have a say in and feels that the Board should stick to the requirements.  Philip Porter also stated that he felt the property is being overdeveloped.  He stated that originally two condo units were proposed and now four.  He did not like the threat of 4 large condos.    Bruce Jennings asked about the position of dumpsters.  C. Hirshberg explained that one would be provided for the restaurant, but that the owners of the units would have to dispose of their own.

Peggy Chalmers suggested that the Board walk the site with C. Hirshberg.  The other members agreed.  C. Hirshberg was asked to stake out the property lines and locations of the proposed structures.   Tom Callahan asked that the proposed new parking area be staked out as well, but was told by both Bruce Jennings and Michael Marquise that this was a Selectmen issue and not a concern of the Planning Board.  William Roach stated that the Board of  Selectmen has not been approached with regard to the new parking area and  moving of the present boat launch/wash site.  He recommended that before the developer makes any plans, he should find out where the water line is located in the area.

It was agreed that the Board would meet on site and walk the property at 5 PM on September 22, 2005.  

Peggy Chalmers introduced the property developer, Jay Cruise and stated that the hearing was continued until the October 6, 2005 meeting of the Planning Board.

PUBLIC HEARING/PRELIMINARY HEARING:

1.  Map 237, Lot 25, Ella Flanders, Brook Road, Six Lot Subdivision & I PUD Lot with Twelve Units:

Michael Marquise advised that  this was a preliminary hearing with no application requirements.   Charlie Hirshberg presented the proposal.  The property is on Brook Road and is close to the Sunapee Goshen town line.  The property consists of 37.5 ac. and has been in the family for 50+ years.  The property fronts on Brook Road.  Building development would be on  the portion of the property away from the road.  Individual lots are planned and also a planned unit development.  The existing house would be torn down.  The property terraces away from Brook Road.  Soils appear on the plan as well as slopes.  No buildings are planned near the edge of the deep slopes.  All units are interior.  The proposed road is 1,200 feet long and goes into a cul-de-sac.  The steepest the proposed road is  at a 6-7% grade.  C. Hirshberg explained that  this is a 7 lot subdivision to include 6 individual lots and one PUD which has enough area to contain 24 units.  The land is zoned rural residential.  A 50 foot buffer is planned around the cluster development.  Lots will range from .7 ac. to 2.0 ac.  The PUD will contain a total of 18.2 ac.  The six individual lots could contain single homes or duplexes.  Property septic systems can be installed with regard to  state law.  Two units would share a leech field in the PUD.  A well is proposed for each lot.  All construction is 100 feet from any wetland.  The PUD’s will have driveways of 18 feet to serve two units.  He has met with the Fire Chief to make sure that fire equipment can maneuver on the driveway and  road.  The Chief stated that there was enough room.  A 30,000 gallon water tank will be installed on the site for fire fighting purposes.  John Wheeler asked what the source would be to fill the tank and C. Hirshberg replied that the Fire Department would be willing to do this.  Roger Landry explained that the Fire Chief prefers the in-ground tanks vs. a fire pond.  C. Hirshberg explained that the drainage was still in the preliminary stages.  He needs to through the state with regard to Site Specific, water detention and treatment of water.  Drainage may go onto existing wetland  on  the property.  It has been determined that adequate soils exist for drainage.  C. Hirshberg explained that the units are shown larger than they possibly be on the plans.  He was to insure that the area was large enough for placement and setbacks.  The property has a view of Ascutney, VT.  Even though a view exists, the development is protected from view from the road.  No homes will be constructed within 800 feet of where the proposed road intersects with Brook Road.  Utilities will be provided by Public Service Co. of  NH.  No poles are planned for the road and hope to bring the power in through an open space.  All lines will be run underground to the units.  Although the plans call for duplexes, any type of home may be constructed on the lot.  In terms of clearing the property, clearing will be done for septic systems and for around the units.  No clear cutting will be performed.  John Wheeler asked if the PUD area coverage included septic systems.  C. Hirshberg replied that it did.  Allan Davis asked if it was planned to have the Town maintain this road.  C. Hirshberg stated that the road would be constructed to meet town specifications.  They have already received a permit from the state for entrance onto Brook Road.  There is a good site distance although some brush may need to be cut.  Philip Porter asked if an association might be formed to be responsible for the open space.  C. Hirshberg stated that open space could be common.  Ideally they would like to establish trails for cross country skiing.  The road maintenance would be shared by everyone.  Richard Gross asked how close the proposed trails would be to other land.  C. Hirshberg stated no more than 30 feet.  They would be 5 feet wide.  He added that the trails are not finalized yet.  Mrs. Gross asked about run off into the brook.  C. Hirshberg stated that the project will not change the water shed.  The water will be fed back in the wetland area.  They are not allowed to impact nay abutting property with run-off.  Mrs. Gross inquired about salt run off from the proposed road.  C. Hirshberg stated that they will be required to treat the runoff with treatment swales and detention areas.  The road will be above the grade of the property.  Mr. Gross asked about the ditches coming straight to the road and wondered if the State will use the existing ditch.  C. Hirshberg stated that ditches would go into the wetland area.  Mr. Gross explained that there was damage to the culvert on Brook Road and is concerned is more water is diverted to it.  C. Hirshberg stated that he noticed when he met with  State Highway regarding the road entrance that work needed to be done to that section as part of the road appears to be undermined.  The State employee noticed this too and said he would take care of it, but C. Hirshberg said it would be a good idea if the Gross’ called as well.  

Michael Marguise stated that he saw no major issues with the plans.   Mr. Hirshberg is required by State law to receive a large amount of permits from them, therefore, he feels that the Town will be covered under the receipt of these state permits.  Rob Flanders asked M. Marquise if he could foresee any issues with the cluster development and PUD.  M. Marquise said he could not but the Planning Board needs to perform their review of the project.

Allan Davis requested that the radius be placed on the flares on the road.  C. Hirshberg said he would make sure this was done.

Peggy Chalmers told Mr. Hirshberg that he may move on with this project.  The next submission would be final.

CONSULTATIONS:

1.  Map 133, Lot 124, Rick & Doris Raps, 179 Burkehaven Hill Rd., Subdivision Proposal