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Zoning Board Minutes 2011/04/14
TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
April 14, 2011

PRESENT: ~~Alex Kish, Chairman, Edward Frothingham, Dick Katz, William Larrow, Roger Landry, Zoning Administrator
ABSENT:  Charles Balyeat
ALSO PRESENT:  Stephen Price, Pamela Price, Bryon O’Day, George McCusker, George Neuwirt, Lorraine Mathiesen, Richard Mathiesen, Brian Mathiesen
Chairman Alex Kish called the meeting to order at 7:01 PM.~
The Board reviewed the December and January Zoning Board meeting minutes for any required changes.  No changes were required for either the December 9, 2010 or January 13, 2011 meetings.    
Roger Landry gave a review of the January, February, March and April Planning Board minutes.~  He mentioned that there will be an Office of Energy and Planning Conference scheduled at the Radisson Hotel in Concord in June if anyone is interested in attending, specifically, new members.  Roger will have information available for Zoning or Planning Board members.
Election of Officers:~ Chairman Kish volunteered to continue as Chairman of the Zoning Board.  Seconded by William Larrow.~ Motion accepted unanimously.~   Dick Katz nominated Edward Frothingham as Vice Chairman.  Seconded by Alex Kish.  Motion accepted unanimously.
Chairman Kish informed the applicants that they will need three affirmative votes in order for the applications to be approved.  They were given the option to postpone their respective hearings until four members were present.  All applicants stated they wanted to move forward with their hearings.
CASE 11-02, MAP 128 LOT 60, TOWN OF SUNAPEE, SEEKING A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-I TO CHANGE ROOFLINE WITHIN THE 50’ LAKEFRONT SETBACK ACCOMMODATING CONSTRUCTION OF A DORMER ON 2ND FLOOR.~ STEPHEN PRICE~ 91 LAKE AVENUE
Chairman Kish presented the issue.~ Stephen Price presented blueprints for review.~ The applicant would like to add space to the existing structure as noted.~ Dormer would bear out over existing kitchen wall in order to add space to existing bedroom area.~ The floor plan indicates space of 144 sq. ft.~ Mr. Price indicated that they are still within their 50 ft. setback to the waterfront with this modification.  The ridge height would not be increased overall, but the pitch would be altered.~
Chairman Kish asked if there were any comments to be made by any abutters.  No comments were received.  Bill Larrow and Dick Katz stated that it looks fine after an on-site review.~ Bill Larrow stated that it lines up perfectly with no interferences.~ Chairman Kish stated that it is consistent with area specifications.  At this point, Chairman Kish closed the public portion of the hearing.   Roger Landry further stated lake views are not an issue, unless there is an easement in the deed.  
Motion made by~Bill Larrow to approve Case 11-02, Map 128 Lot 60, special exception as per Article III Section 3.50-I to change roofline within the 50’ lakefront setback accommodating construction of a dormer on the second floor by Stephen Price of 91 Lake Avenue as per plans.  Seconded by Dick Katz.  Motion accepted unanimously.
CASE 11-03, MAP 128 LOT 60, SEEKING A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-I TO CHANGE ROOFLINE WITHIN ROAD FRONT SETBACK TO ACCOMMODATE~ CONSTRUCTION OF A CONNECTING ADDITION FROM HOUSE TO GARAGE. ~STEPHEN PRICE 91 LAKE AVENUE
~Stephen Price presented the issue related to the second story of the house and being able to access a passage from the garage into the house, within the existing structure.  This would be within the 50 ft. setback from the street.~ He stressed that it allows a better visual presentation of the house. ~~They would, perhaps, utilize this space as a TV room or as a closet area. ~Chairman Kish asked if there were any comments to be made by any abutters.  As there were none, he closed the public portion of the hearing.  Chairman Kish stated it meets all requirements of the spirit of ordinance.  
Motion made by Bill Larrow to approve Case 11-03, Map 128 Lot 60, special exception as per Article III Section 3.50-I to change roofline within road front setback to accommodate construction of a connecting addition from house to garage by Stephen Price of 91 Lake Avenue~per plans dated 2/28/2011.  Seconded by Ed Frothingham.~ Motion accepted unanimously.
CASE 11-04, MAP 113 LOT 28, SEEKING A SPECIAL EXCEPTION AS REQUIRED IN ARTICLE III SECTION 3.50-I TO RAISE THE ROOFLINE WITHIN THE 50’ LAKEFRONT SETBACK ALLOWING THE EXISTING STRUCTURE TO BE JACKED-UP AND ACCOMMODATE A FULL FOUNDATION FOR A FINISHED RESIDENTIAL AREA.~ SHAUN & SUZANNE MURPHY ~7 RIDGEWOOD POINT ROAD
George Neuwirt presented the issue for the referenced case as the representative for Shaun and Suzanne Murphy.  The work would involve raising the home 6 ft. to provide access for a finished basement.~ This would be more cost effective for the clients vs. raising the roof.~ In addition, space would be available for a new walkout at the same level as before.  Plans were submitted to the Board for review.~ Mr. Neuwirt further stated that the deck at the back of the house would be removed entirely with the new plan.~ Chairman Kish asked if there were any comments to be made by any abutters.  Roger Landry stated that approval was received as of 2/18/2011 from the DES; the State has accepted the project. ~~No additional bedrooms are to be added.~ Chairman Kish stated that with no comments from attendees or objections from abutters, he feels there is no adverse impact.~ Bill Larrow inquired as to waterfront and decking areas.~ George Neuwirt stated that there is a well in front of the house.  At this point, Chairman Kish closed the public portion of the hearing.  ~
Motion made by Ed Frothingham to approve Case 11-04, Map 113 Lot 28, special exception as required in Article III Section 3.50-I to raise the roofline within the 50’ lakefront setback allowing the existing structure to be jacked up and accommodate a full foundation for a finished residential area by Shaun and Suzanne Murphy of 7 Ridgewood Point Road as per plans and State approval.  Seconded by Dick Katz.~ Motion accepted unanimously.
CASE 11-05, MAP 145 LOT 19, SEEKING A SPECIAL EXCEPTION AS PER ARTICLE IV SECTION 4.10 TO OPEN A HOME BUSINESS SUPPORTING SEWING AND CUSTOM FABRICATION OF OUTDOOR GEAR, CANVAS, AND BOAT COVERS, ETC.~ ~ LORRAINE MATHIESEN  417 EDGEMONT ROAD
~Chairman Kish presented the case.~ Lorraine Mathiesen and Richard Mathiesen presented plans for the home business.~ Roger stated that the property exists in a rural residential area, where home business is allowed by special exception.~ Property owners are seeking special exception according to zoning ordinances.~ Lorraine presented plans for her son’s business in the existing building on the property. ~The State has approved additional traffic outside of the driveway as of 4/15/2011 per Lorraine Mathiesen and Roger Landry.~ Chairman Kish inquired as to the meaning of custom fabrication – whether it would be as a store-front operation or specific work requests.  The Board was informed that it was not to be a store-front operation.  They do not foresee additional vehicles such as boats or snowmobiles being on-site for prolonged periods of time.  Roger stated that it would require site plan review if approved by the Zoning Board.~ Richard Mathiesen stated that work would be scheduled accordingly so as not to have excessive vehicles on the property.~ Dick Katz asked about the setback of house and was informed that there are 19 acres available behind the house.   It is felt that there is enough space behind the house for additional parking, however, Roger stated these issues would go through the Planning Board for approval.~ Lorraine Mathiesen stated that the property borders Fisher’s Bay so there is adequate property behind the house as previously noted, and the existing structure where work would be conducted.~
Chairman Kish asked if there were any comments to be made by abutters.  No comments were received.  Ed Frothingham asked if other employees may be hired in the future.~ Lorraine Mathiesen responded that it might occur depending on how business develops over time.~ Roger Landry stated that three non-resident employees are allowed per the zoning ordinances.~ At this point, Chairman Kish closed the public portion of the hearing.  ~
Chairman Kish suggested that the Board review the five criteria for use:  
(1) That the selected site is an appropriate location for the proposed use.
(2) That adequate and safe highway access is provided to the proposed site and that there is adequate off-street parking provided for the proposed use.
(3) That adequate method of sewage disposal is available at the proposed site.
(4) That the proposal will not be detrimental, hazardous, or injurious to the
neighborhood.
(5) That the proposed use is consistent with the spirit of the Ordinance and the intent of the Master Plan.

Motion made by Edward Frothingham to approve Case 11-05, Map 145 Lot 19, seeking a special exception as per Article IV Section 4.10 to open a home business supporting sewing and custom fabrication of outdoor gear, canvas, and boat covers, etc. by Lorraine Mathiesen of 417 Edgemont.  Seconded by Dick Katz.~ Motion accepted unanimously.
The meeting was adjourned at~7:41 PM.
Respectfully submitted,
Diane Caron

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Alex Kish, Chairman                     Edward Frothingham, Vice Chairman
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Dick Katz                               William Larrow