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Planning Board Minutes November 3, 2005
TOWN OF SUNAPEE
PLANNING BOARD MEETING
TOWN HALL
November 3, 2005


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

        Staff:  Michael Marquise, Planner
                Darlene Morse, Secretary

ABSENT:
        Roger Landry, Zoning Administrator
        Frederick Gallup, Ex-Offico Alternate

OTHERS ATTENDING:
        Mark Wirta, Ellen Wirta, Matthew Girard, Catherine Bushueff, Greg
        Hamel, C. Robert Lester, Mike Durfor, Irving Smith, Sandy Rowse and
        Aaron Aldridge.

7:00 PM ROLL CALL

The meeting was called to order by Peggy Chalmers.  The minutes of the October 6 meeting were reviewed. Motion was made by John Wheeler to accept the minutes as corrected.  The motion was seconded by Barbara Hollander.  Eight voted in favor with Robert Rieseberg abstaining because he was not at the October 6, 2005 meeting.  

Michael had no revisions to the agenda.  A brief discussion was held on what benefits the Town received by being a member of the Upper Valley Lake Sunapee Regional Planning Council.  John Wheeler noted that the Town is a member and pays dues.  The council does provide assistance to communities, some at no charge and others for a fee.  Peggy Chalmers recalled that the council assisted Sunapee with a Build Out Study, reviewed historical properties, assisted with the Master Plan and were consulted during the revision of flood mapping.

PUBLIC HEARING/FINAL HEARING:

1.  Map 237, Lot 12     Matt Girard, 562 Rte. 103, Site Plan Review, Two Residential Triplexes and One Residential Duplex:  

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.  Mr. Girard has submitted two plans, one a site plan and the other a property survey.  The plan falls under Article V – Site Plan Review Regulations.  He has gone through the checklist and has noted that the information is in the file, but feels that the site plan submitted  is in rough detail.  Other items needed that are sometimes waived by the Board, he did not feel that the Board should consider waiving for this project.  They include drainage, storage of materials on the property.  He recommended that the Board reserve the right to discuss any outside storage areas.   Also, the location of the sign on the plan will need to be discussed in the merits because it is in the State right-of-way.  Also, he informed the Board that the use proposed is a conditional use in the zone and would need Zoning Board approval.   He believes the application is complete but the Board should reserve the right to discuss the items he has outlined.  Motion was made by Allan Davis to accept the application as complete.  The motion was seconded by Barbara Hollander.  Peggy Chalmers asked if there was further discussion or comments.  Bruce Jennings wished to make sure that the Board is taking into consideration the items outlined by Michael Marquis.  M. Marquis thought the motion was okay and that the Board is reserving the right to discuss those concerns.  Motion carried unanimously.  

Matthew Girard was present to discuss the proposal.  The lot is 4 acres and is zoned for mixed use.  The zone allows for 8 dwelling units (apartments).  He met with the Board approximately a year ago to discuss this proposal and he is bringing forth what he felt the Board suggested at that time.  The lot currently has a 3 family building on it.  This building will be taken down after 5 units go up.  P. Chalmers questioned if the building would be torn down or used for something other than a dwelling because once the two buildings he is proposing are built, no one will be able to live in the current structure.  M. Girard stated that he understood that.  M. Girard explained that tree removal will be limited as he wants to maintain as much coverage as possible for the abutting property owners.  He does not wish to disrupt the other properties.  John Wheeler asked abutter, Irving Smith, to show him on the survey plan where his property abutted Mr. Girard’s.  P. Chalmers asked where the parking was for building three.  M. Girard stated that it was in the hammerhead.  He added that the parking and buildings are shown over sized.  J. Wheeler stated that parking for building three should be shown clearly on the plan.  Philip Porter asked if this was going to be a condo association.  M. Girard stated that it was not.   He was building apartment buildings not condos.  P. Porter inquired about the leaching field.  M. Girard explained that there would be two independent leach fields, one for each building.  Mark Wirta, an abutter, asked the Board just what they look for when reviewing proposals and what do they make sure the plan adheres to.  P. Chalmers stated that the Board looks at density, buffering, lighting, signage, safety, parking, and hazardous materials.  M. Wirta asked why the property was sufficient to house such a proposal.  P. Chalmers explained that the zone allowed one house per ½ acre adding that if he builds the two buildings as proposed, the existing building would have to be removed.  J. Wheeler suggested that it be noted on the plan that at no time more than 8 units can exist on the property.  Allan Davis questioned the wide driveway access.  M. Girard stated that it was what the State was requiring.  P. Chalmers asked about the sign.  M. Girard stated that he has to get a permit from the State because it is in the State’s right-of-way.  M. Marquise expressed concern over the wetlands and thought they should be delineated on the plan.  M. Girard stated that the property gets no wetter than a puddle.  J. Wheeler agreed with M. Marquise adding that M. Girard needs to find out if he should have a wetlands permit.  M. Marquise added that M. Girard should consult with a soils scientist.  A. Davis stated that he was concerned with drainage on the property.  A. Davis asked what the road would be constructed of.  M. Girard responded that it would be crushed gravel and 20 feet wide.  He will also install a 10 gallon water tank as requested by the Fire Chief.  M. Marquise also recommended that M. Girard find out if he will require a storm water permit.  The Board discussed a grading plan as well as a drainage plan.  Bruce Jennings informed M. Girard that the Board must feel confident that drainage from Mr. Girard’s property does not impact any abutters.  Greg Hamel, an abutter, asked how far the leach fields would be from his well.  J. Wheeler pointed out to Mr. Hamel that the scale on the plan indicates that the leach fields would be more than 150 feet from his well.  M. Marquise asked if the driveway contained a 10% grade.  M. Girard stated that it did.  J. Wheeler asked about a lighting plan.  M. Girard stated that all units would have porch lights and some outside lights would be placed on poles.  P. Chalmers stated that the Board prefers to see “down”  lighting and believes this should be noted on the plan.  Allan Davis asked if there would be only one dumpster.  M. Girard responded that there would be one fenced in 5 yard dumpster.  Abutter, Irving Smith, questioned what a cluster development was and did it pertain to this.  P. Chalmers responded that a cluster development was individual homes built on one piece of property.  M. Girard’s proposal is not a cluster development as he is building apartments.  M. Marquise asked if M. Girard had spoken with Roger Landry about the special condition.  M. Girard replied that he had an appointment with R. Landry next week.  J. Wheeler explained to the abutters present that they would all be notified of a Zoning Board hearing for this case as well as Site Plan Review.  Abutters I. Smith and C. Lester questioned if the property was large enough to contain 8 apartment units.  P. Chalmers explained that the mixed zone allowed one unit per ½ acre.  A. Davis questioned what the plans were for trees.  M. Girard said he would not be cutting very many trees, only where the building and parking would be.  P. Chalmers outlined for M. Girard what the Planning Board wished to see on the plan when next presented as:  1)  A note on the plat to read “no more than 8 dwelling units on site at any time.”  2)  Wetlands need to be delineated by a certified soils scientist and if designated as wetlands, a state permit will be required.  3)  Identify if a storm water permit is needed.  4)  A grading plan is needed.  5)  A note on the plat   to read “lighting will be down lighting.”  6)  M. Girard must seek approval for a special exception from the Zoning Board of Adjustment.  This will be continued to the December 1, 2005 meeting.  M. Girard will let M. Marquise know if he will be prepared by that time.  If not, it will be continued to the January 5, 2006 meeting.

CONSULTATION

1.  Map 133, Lot 91, Sunapee Harbor Riverway, 31 River Road, “Pete’s Shed”, Site Plan – Change Art Gallery to Dance Studio:

Mike Durfor was present representing the Riverway to discuss the use of Pete’s Shed for a dance studio.  He did not realize permission would be needed from the Planning Board as the building’s first floor was previously approved for commercial use.  It received approval to be a restaurant but when that didn’t come about, it was used as an art gallery.  The gallery is only a summer business and the Riverway would like to see something in the building year round to attract people to the harbor area.  The Riverway was approached by the owners of Jenkins School of Dance to use the building during the fall and winter months to give dance lessons.  M. Durfor asked why this would need Planning Board approval as it is still a commercial activity.  M. Marquise explained that he and R. Landry had discussed this and both felt that it needed Site Plan Review because it was a change in use of the building.  Sandy Rowse asked if recitals would be held in the building and M. Durfor responded that they would not.  Philip Porter asked if the building was insulated and did it have toilet facilities.  Mr. Durfor responded in the affirmative to both.  Peggy Chalmers asked how many students would be attending.  M. Durfor responded that he did not know but could find out easily.  John Wheeler stated that off hand he thought it was a good use for the building but agreed with M. Marquise that it was a change of use and needed approval from the Planning Board.   P. Porter asked it there would be outside lighting.  M. Durfor responded that there would.   Bruce Jennings stated that he thought it would be very low impact on the neighborhood as it would probably be mostly a drop off and pick up operation, but did agree that official Site Plan Review was required.  Discussion was held on parking.  It was discussed using the parking standard used for restaurants as none existed for a business such as a dance studio.  The general feeling was that sufficient parking was available.  M. Durfor was asked to speak with the office of planning and zoning to set up a date and time for Site Plan Review.  He will need to provide the Board with information on how many students were anticipated, lighting and parking.  B. Jennings asked that the hours of the operation be addressed as well.

MISCELLANEOUS

1.  Review Zoning Amendments

M. Marquise presented the Board with eleven amendments to the Zoning Ordinance recommended by him and Roger Landry.  A copy is attached to the office copy of these minutes.  He also introduced Sandy Rowse, owner of the Knowlton House, who wished to present another zoning amendment to the Board.   S. Rowse discussed her proposal first.  Her property in the harbor area is zoned residential.  She has learned that the village district does touch a small corner of her yard.  She is requesting that an amendment be put before the voters that would place her property, the Knowlton House, in the village district.  She has plans to sell the property and does not want to see it become a residence.  She feels that the harbor is losing more and more businesses to residences and would like to see more commercial activity in the area.  The Board was in agreement and discussion was held on where to place the new district boundaries.  It was agreed to add this to the list of zoning amendments to go before the voters in March 2006.  The new boundaries will be drawn up by M. Marquise and will be consistent with other boundary placements.  

M. Marquise explained each amendment he and R. Landry are proposing and informed the Board that R. Landry had added 3 more to the list after it was distributed to the Board members.  The Board approved the eleven on the list.  Additional amendments requested by R. Landry were to include the definition of a junk yard to add as defined in the appropriate RSA.  The Board agreed to this.  The next applies to Lot of Record and would remove the words “meets and bounds” and add “recorded prior to adoption of Subdivision Regulations.”   The Board agreed to this.  The last one would require property owners to apply to the Planning and Zoning Office for any tree cutting operation.  A permit is now required for cutting in the Shoreland District but not elsewhere in town.  The Board did not agree with this amendment and will not present it.

Allan Davis asked what the steps were to adoption of the amendments.  M. Marquise stated that the amendments will be publicized in the newspaper the last week in November.  The Planning Board will conduct a public hearing on the amendments the third week in December.  If approved by the Planning Board after the hearing, they will appear on the warrant for the March 2006 meeting.
2.  Bruce Jennings and Philip Porter reported on a growth seminar they recently attended.  P. Porter let members review a pamphlet he received from the seminar.  The purpose of the seminar was to provide community officials with a “heads up” on what can be anticipated for future growth in southern New Hampshire.  The Board was given a brief report.   Both B. Jennings and P. Porter thought the seminar was very interesting and educational.  Catherine Bushueff stated that she was concerned with the large amount of growth the area could see in the near future.  In particular, she is concerned with protecting water supplies.

3.  Allan Davis raised discussion on the case of Maryanne Henry, Woodbine, and wondered if a decision on this case should be made.  He and J. Wheeler expressed concern that the Board is handling this appropriately.  P. Chalmers read the regulation concerning this and it was agreed that the Board is acting appropriately.

The meeting was adjourned at 10:00 PM

NOTE:  The above minutes represents a summary, not a verbatim transcript of the tape.

NOTE:  Any hearings now open and under consideration by this Board are continued to the next meeting of the Sunapee Planning Board.

Submitted by,  Darlene Morse                    Approved___________________

______________________________          ___________________________
         Peggy Chalmers, Chairman              Barbara Hollander, Vice Chairman

______________________________          ___________________________
Bruce Jennings                                  Derek Tatlock

______________________________          ___________________________
Robert Rieseberg                                        Allan Davis

______________________________          ___________________________
John Wheeler, Alternate                         Emma Smith, Ex-Officio

______________________________          ___________________________
Philip Porter, Alternate                                Frederick Gallup, Ex-Officio