SUNAPEE BOARD OF SELECTMEN
MEETING MINUTES
SEPTEMBER 8, 2008
7:00 PM
TOWN HALL
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Present: Richard Leone – Chairman, William Roach, Stephen White – Vice-Chairman, Emma Smith, Frederick Gallup, Donna Nashawaty – Town Manager, Roger Landry – Zoning Administrator, Tony Bergeron – Road Agent
Also Present: See sign-in sheet.
The meeting was called to order at 7:00 PM by Chairman Leone.
PUBLIC COMMENTS:
Steve White reported that the Sunapee Lions Club is celebrating their 50th anniversary. He would like to Board of Selectmen to issue a proclamation for September 26 & 27, 2008. A motion was made by Fred Gallup to approve the issuance of the proclamation. The motion was seconded by Emma Smith with 3 in favor (ES, FG, RL) and 2 abstentions (WR, SW).
TOWN MANAGER REPORTS:
Tax Rate - Donna reported that she has done an estimate of the 2008 tax rate. This was done with the best information she had at the current time. It is estimated that the rate will be $13.91 per thousand dollars of assessed value. The county is up and the school and town are down (see attachment). It could be less. The amount for the county is $3,209,000.00 up from $2,490,077.00 for 2007.
Next meeting (9/22/08) – Donna reported that Community Alliance will present an update and there will be a proclamation for presentation to Biff Ranney.
Budget Session – There will be an all day budget session on Saturday, November 8, 2008 from 9:00 AM to 5:00 PM at Town Hall. A request has been received from CASA, a new outside agency, for $500.00 in funding for the 2009 budget.
CHAIRMAN’S REPORT:
Voting - Dick reported that 3 Selectmen are needed for the voting at the end of the day September 9, 2008. Emma, Dick, Fred, and Bill all advised that they will be available. Bill asked the status of the moderator as he is running for office. Donna advised that a substitute has been found.
Right to Know Session – The Right to Know session will be held September 30, 2008 at 5:30 PM. Please RSVP to Town Hall if attending.
Beautification Oversight Committee – A petition has been received and a letter (see attached) has been presented tonight.
SELECTMEN ACTION:
Turkey Raffle – An application for a turkey raffle has been received from the Sunapee Fire Department Georges Mills Station. A motion was made by Fred Gallup to approve the application. The motion was seconded by Steve White and approved unanimously.
Hames Park – A Use of Town Facilities application has been received for a civil union ceremony on September 15, 2008. A motion was made by Steve White to approve the application. The motion was seconded by Fred Gallup and approved unanimously.
7:20 PM - APPOINTMENTS:
Reconsider Driveway Application – Dick reported that the driveway application was issued for Sonya Land Investments, Inc. at 18 Central St. All parties were given 14 day notice of the request for reconsideration. There is a request to issue a cease and desist order per a letter from Atty. Howard Dunn. If the Board of Selectmen needs to, it can go into recess for a conference call with the town attorney. If no decision is made tonight, it would be made at the next meeting.
Ken Adams, an abutter to the property, stated he was told there was nothing the Board of Selectmen could do. Given what had transpired, he thinks the abutters should have been given notice of the driveway application. He believes this is not a driveway, but a parking lot and a business that is not permitted. The property is a residence. He was told that the intent of the driveway is parking for another office at a different location. He feels this is a change of use and wants to see it put back to what it was before. There are currently 2 boats stored on the property in a conspicuous manner. He feels this is in direct violation of the Zoning Ordinance. This is a non-conforming lot and the parking lot is considered a structure and increases the size of the structure.
He is asking that it be put back until the matter is settled which he thinks will be done in a court of law. The attorney has submitted a formal appeal.
Rodney Gonyea, abutter, stated he is reinforcing what the attorney has said in the letter that this is a structure. The driveway entrance opens up to a parking lot. The requirement for a 4 bedroom house is 2 parking spaces. The boat on the property is a sign and he asked if there is a permit to put it there.
Dick advised that the issue is the driveway and Steve noted that they cannot call abutters on each permit issued.
Mr. Adams stated that this was a highly controversial issue and Steve advised that the Board has to give the same consideration to all abutters. Mr. Adams stated that he thinks one call should have been made and the person receiving the call would have notified the other abutters.
Roger Landry, Zoning Administrator, reported that the responsibility is to see if the permit was done correctly. He checks each driveway permit and the Road Agent visits the site to review and make a recommendation. It is then sent to the Board of Selectmen for their approval. The regulations are followed very closely. Tony Bergeron, Road Agent, stated that he looks at drainage and site distance. There was nothing unusual about the request.
Mr. Adams asked if the non-conforming lot was considered. Roger advised that a pre-existing non-conforming lot is treated the same as a conforming lot. Arlene Adams stated that it is very clear this is not a residential driveway and that it is going to be used for overflow parking which is a change in the use to commercial. It is has nothing to do with residential use. Dick asked if she is saying that the Board of Selectmen is remiss based on the Zoning laws and Mrs. Adams advised that she is. Roger advised that Section 5.09 of the regulations deals with curb cuts. He does not believe this is commercial as the applicant is not getting money for what he is doing.
Emma asked Roger if he goes back to make sure the permit is adhered to and Roger advised that the Road Agent does. He only looks at curb cut and drainage. He also checks the width and all was conforming. Emma asked about the space in relation to the property line. Tony advised that it does not affect the right of access from the property to the street and Roger advised that it can be paved as long as the 80% lot coverage is not exceeded.
Mr. Adams stated that the Zoning Regulations state that future changes to the structure shall be consistent to the ordinance and asked what that applies to. Roger advised that it does not relate to the driveway permit. Mr. Gonyea stated that their attorney points out that anything erected with a fixed location is a structure. Dick stressed that they need to address the driveway. Mrs. Adams stated that she thinks Section 1.33 of the Zoning Ordinance has been interpreted incorrectly. Donna advised that the driveway permit is for an access cut.
Dick asked Roger and Tony if they feel the Board acted irresponsibly by signing the permit. Roger advised that he doesn’t feel they have and Tony stated he feels the same way. What happens beyond the curb cut is not part of the driveway permit. Roger noted that there are several others on Central St. and no Zoning Ordinance was violated.
Joyce Buswell, abutter, stated she thought when they were talking about this originally, there was a safety issue. Was this not considered? Tony advised that he looked at it and Emma stated that the consideration of safety was for a commercial enterprise with more cars coming and going, children in the road, and people walking. The request for the driveway for a residence had nothing to do with safety. Steve stated that the responsibility of the Road Agent is the site line. Donna advised there are standards for site line that must be met and the Road Agent checks for that.
Mr. Gonyea stated that the 80% minimum required is for .5 acres and Roger responded that the legal non-conformity means it needs to be treated as a conforming lot. Donna advised that is a legal question and Steve emphasized that they are dealing with a driveway cut. Mr. Gonyea stated that the Zoning Regulations say that a 4 bedroom house is required to have 2 parking spaces. Steve replied that he thinks they were not in error signing the permit. Donna advised that they need to decide if they are going to reconsider the driveway application decision. They can deliberate at a future meeting. In 14 days the abutters and applicant would come before the Board of Selectmen with their arguments and then the Board would deliberate.
Roger advised that they are looking at the driveway cut. If they decide on a cease and desist, there is nothing stopping the applicant from driving across the lawn to use the parking area. Dick advised that he did poll the Board members, at Mr. Adam’s request, and the feeling was no action. Bill asked if there is a restriction on the number of cuts and Roger replied there is none unless done in Site Plan Review by the Planning Board and there are no setback regulations.
A motion was made by Fred Gallup that the Board of Selectmen reconsider the driveway curb cut application for 18 Central St. The motion was seconded by Emma Smith.
Fred stated that with Site Plan, Subdivision, Zoning Regulations, etc., it lays down rules and the chance to work with rules to get what people want as long as they meet all criteria. This is the way Zoning and Planning works. Ordinances have been voted in by the town and he believes the permit was done appropriately.
Vote on the motion – 1 in favor (ES) and 4 opposed (FG, RL, WR, SW). The curb cut application will not be reconsidered.
Dick advised there is a request from Atty. Dunn for a cease and desist for 18 Central St. If they hear it they will need to speak with the town attorney during a recess. Donna advised that this is the first meeting of the Board of Selectmen since the letter was received. The town attorney is available for a conference call if needed. Dick advised that they can start the process this evening or extend it to another night. Steve stated he thinks they need to address it tonight. Bill reported that there is a boat there with an advertisement sign on it and another boat with a for sale sign on it. He questioned if the boat is owned by the applicant for 18 Central St. or if it is owned by another person and being sold by the applicant. He believes if it is owned by another
person, then there is a commercial use. Also, a sign advertising a business is a commercial use. Donna advised that Atty. Dunn’s letter lays out 4 items and they have to respond to that. They need to relate to the Planning and Zoning laws in effect right now.
The Board was polled to go to recess to talk with the attorney. FG – yes, ES – yes, WR – yes, SW – yes, RL – yes.
8:17 PM – The Board recessed with a return time of 8:47 PM.
9:01 PM – The meeting resumed.
Dick reported that the Board consulted with Atty. Jaye Whitelaw and discussed all points. The attorney advised them to take a vote.
A motion was made by Steve White not to issue a cease and desist order. The motion was seconded by Fred Gallup and approved with 4 in favor (RL, FG, WR, SW) and 1 abstention (ES).
9:06 PM – The hearing was closed.
SELECTMEN ACTION (Continued):
Transfer Station Decals – Donna reported that there is one change to the proposal given at the last meeting. It is to add the exact same wording for the 3 year blue decal regarding the $25.00 feel for re-issuance.
A motion was made by Steve White to approve the new transfer station/beach permit proposal with the added change of the $25.00 fee for the 3 year blue permits. The motion was seconded by Bill Roach and approved unanimously.
MISCELLANEOUS
Beautification Oversight Committee – Fred reported that the Beautification Oversight Committee had a brief meeting and is preparing a recommendation for 1 new member to bring the committee membership to 3. The next meeting will be September 18, 2008 at 5:00 PM. Donna asked that the letter presented tonight be passed on to the Oversight Committee. Fred will take care of it.
Budget Advisory Committee - Bill asked the status of the committee. Donna advised that they have 1 applicant and one current member. Board members will try to solicit people to volunteer to serve.
The meeting adjourned at 9:24 PM.
Submitted by,
Joan Bleau
Recording Secretary Approved:
Richard Leone, Chairman Stephen White, Vice-Chairman
William Roach Frederick Gallup
Emma Smith
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