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Zoning Board Minutes 2011/01/13
TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
JANUARY 13, 2011
PRESENT: Alex Kish, Chairman; Ed Frothingham; Bill Larrow.
ABSENT: Charlie Balyeat, Vice Chairman; Roger Landry, Zoning Administrator.
ALSO PRESENT: Scott Blewitt; Craig Heino.
Chairman Kish called the meeting to order at 7 p.m.
Changes to the minutes of Dec. 9: Chairman Kish stated the board would defer voting on the minutes to the next meeting.
CASE 11-01, MAP 125 LOT 25, TOWN OF SUNAPEE, 158 GARNET STREET, SEEKING A VARIANCE FROM ARTICLE III SECTION 3.10 TO REDUCE FRONT SETBACK FROM 50 FEET TO 23.5 FEET IN ORDER TO ALLOW CONSTRUCTION OF A NEW BATHROOM AND RAMP AT DEWEY BEACH TO ACCOMMODATE HANDICAPPED ACCESSIBILITY.  
 Chairman Kish informed the applicants that they will need three affirmative votes in order for the application to be approved.  They have the option of postponing the hearing until there are four members present.  Mr. Blewitt stated that they would like to move forward with the hearing.
Mr. Blewitt stated that a petition warrant article was approved last March to construct a handicapped bathroom at Dewey Beach, thereby eliminating the need for a chemical toilet.  The plumber said the slope for drainage is inadequate to build it on the lake side of the building, which is why they opted to put it on the Garnet Street side.  Also, it would be closer to the neighbor’s house on that side, further for someone who is handicapped and could have more issues with proximity to the lake.  The size of the bathroom is 7.5 feet by 7 feet 1 inch, the minimum size in order for it to be handicapped accessible.  A ramp will be added, as will an addition on the porch so a wheelchair can be accommodated there.  
Chairman Kish asked if it is the deck addition that is infringing on the setback.  Mr. Blewitt said it is the ramp which encroaches on the setback.  He stated that the property line is enclosed by a fence; that will not change.  The addition will be mostly blocked from the neighbor’s view by existing trees.  
Mr. Larrow asked if the plumber proposed a pump in order to make it possible to install the bathroom on the lake side of the building.  Mr. Heino said that was not discussed, but it seemed a more involved project to put it on that side.  Also, the ramp would be a lot longer on that side.  Mr. Heino said they explored more than one plan in order to get it as far from the center of the road as possible.  
Mr. Larrow asked how close the neighbor’s house is to the road.  Chairman Kish commented that the neighbor’s house is closer to the lake than to the road.  Mr. Larrow said one of the things the board always takes into consideration is the character of the neighbor; he thought a lot of homes in that area are close to the road.  Chairman Kish said there is already significant parking and activity; he does not see that the bathroom would have an additional impact.  Chairman Kish stated that he has not heard of any negative feedback from abutters.
Chairman Kish closed the public portion of the meeting.  He felt that a compelling case has been made and the hardship factor is present.  He felt the applicant did their due diligence in exploring all options in terms of location of the bathroom.  Mr. Larrow said he feels the need for a handicapped bathroom is there and the application meets all the criteria of the article.
Motion by Mr. Larrow, seconded by Mr. Frothingham, to approve a variance of Article III Section 3.10, Town of Sunapee, 158 Garnet Street, to reduce front setback from 50 to 23.5 feet in order to allow construction of a new bathroom and ramp at Dewey Beach to accommodate handicapped accessibility.  The motion passed unanimously.
The meeting was adjourned at 7:28.
Respectfully submitted,
Katie Richardson

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Alex Kish, Chairman                                       Ed Frothingham


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Bill Larrow