TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
July 14, 2011
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PRESENT: Alex Kish, Chairman; Charles Balyeat; Dick Katz; Roger Landry, Zoning Administrator
ABSENT: Edward Frothingham; William Larrow
ALSO PRESENT: Sherry Edmonds; Louis Edmonds; Bryan O’Day; Justin Hastings; George Wachtel; Deirdre Wachtel; Susan Cobb; Betsey Katz; Charles Hirshberg; Doug Gamsby
Chairman Alex Kish called the meeting to order at 7:00 PM.
Chairman Kish informed the applicants that only three members were present, which is the requirement for the application(s) to be approved – in the form of three affirmative votes, so unanimous agreement would have to be obtained. The option was given to continue to a future meeting where additional members are present. The option to appeal any negative decision was questioned and details were explained by Chairman Kish. Roger Landry explained that an alternate date of July 26th was available for any postponed cases, as well as August 11th – the next planned Zoning Board Meeting. It was noted that some members will not be available on August 26th.
There was no Planning Board activity to report per Roger Landry as the meeting was previously rescheduled to July 21st. It was decided to wait on approval of the previous Zoning Board minutes of June 9th so that Edward Frothingham and Bill Larrow could be present. The review of the Rules of Procedure was also postponed until the next meeting.
CASE 11-08, MAP 107 LOT 31, SEEKING APPROVAL OF A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-I TO CHANGE THE ROOFLINE ON A NON-CONFORMING GARAGE AND ACCOMMODATE A CAR LIFT INSTALLATION AT 1100 LAKE AVENUE, GEORGES MILLS – LOUIS AND SHERRY EDMONDS~
Chairman Kish presented the issue. The applicant stated that he wished to proceed. Plans were presented to the Board for review. They are requesting renovations to the garage.~ It was noted that the architect has already presented plans to the State. The plan includes an open interior with the roof of the garage to be made higher in order to allow installation of a lift to accommodate two cars on one side of the garage. Mr. Edmonds explained the issue stating that they would like to have all cars inside the garage rather than outside. There was general discussion among Board members regarding details of the roofline.~ Roger Landry stated that 25’ is the point of encroachment; the proposed roofline is at 18’.
Chairman Alex Kish asked if any abutters were present for comments.~~ One abutter, Susan Cobb, was present, but had no comments.~ She stated that she had no objections to the proposed plan.~ The applicants further stated that they have presented their proposed plan to neighbors.
Chairman Alex Kish asked if there were any further questions from the Board. He then closed the public portion of the meeting. ~General discussion was presented by the Board.~ Dick Katz stated that he saw no problems, as did Charles Balyeat.~ Roger Landry stated that the criteria must be followed in regard to any issues, including issues regarding “views” – unless some sort of easement existed.~ Height was a concern, but it has been proven to be acceptable and within the guidelines.~ It was noted that most neighboring properties are of similar height (or higher) than the proposed plan. No further questions were presented in connection with the issue by the Board members.
Motion made by Dick Katz~to approve Case 11-08, Map 107 Lot 31, for a special exception as per Article III Section 3.50-I to change the roofline on a non-conforming garage and accommodate a car lift installation at 1100 Lake Avenue, Georges Mills to Louis and Sherry Edmonds approved as per plans. Seconded by Charles Balyeat. Motion accepted unanimously. ~
CASE 11-09, MAP 118 LOT 23, SEEKING APPROVAL OF A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-B-4 TO REDUCE ROADFRONT SETBACK TO 11’ FOR CONSTRUCTION OF A 12’ X 14’ STORAGE SHED AT 62 PINEY POINT ROAD – WAYNE AND PAM FLANAGAN~~
Chairman Kish presented the case. Mr. Flanagan presented details to the Board.~ He is seeking permission to build a shed that meets the requirements as reported by Chairman Kish.~ It was noted that existing structures in the area already have been approved for similar setback requirements.~ The applicant stated that he feels that his case meets all requirements per Zoning Board criteria to be acceptable for an exception.~ Chairman Kish stated that it does not meet all of the setback requirements.~ Specifically, Section 3.50-B-2. The diagram indicates an existing shed with 455 ft. added to that area.~ Chairman Kish stated that on the tax map the 455 ft. area is private property and not public as noted on the diagram. It was also noted that the residence on the property is not noted on the right of the
diagram that fits with the same criteria.~ Chairman Kish brought forward a letter to the Zoning Board (per Roger Landry) from an abutter (Gary Szaluka) stating that the property map indicates that the area is private property and not public area – specifically, the circular driveway (Two properties Lot 61/Map 118 and Lot 10/Map 118). In connection with a discussion with Tony Bergeron, Roger Landry confirmed that it is private property and is used as an emergency right-of-way by the town.~ Hence, the shed in existence cannot be used for comparative values making the applicant’s diagram incorrect.~ Applicant stated that he also has an emergency easement in connection with the town. Also, there is an issue in connection with Burma Road. The applicant asked if the area in front of his property could be used for comparative values due to easement issues. Roger Landry stated that there has not been a town-maintained road through that area for many
years.~ The applicant’s understanding was that Gary Szaluka’s property included easements. Roger stated that this is not noted within Gary Szaluka’s deed.~ Per Roger Landry, there is no easement for a turn-around. Applicant requested that the issue be tabled so that he can obtain measurements from other properties for comparative values due to the change in factual information regarding this issue.~ The issue will be revisited at the next scheduled Zoning Board meeting on August 11th.~~~
Motion made to table this case until the next Zoning Board meeting per Dick Katz. Seconded by Charles Balyeat.~ Motion accepted unanimously. ~~
CASE 11-10, MAP 121 LOT 37, SEEKING APPROVAL OF A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-B-4 TO REDUCE ROADFRONT SETBACK TO CONSTRUCT ATTACHED GARAGE AT 118 FERNWOOD POINT ROAD – LUCILLE S. DANE FAMILY TRUST - DEIRDRE WACHTEL, TRUSTEE~~
The applicants were questioned as to whether they would like to postpone their case(s) until August 11th due to the number of members present for voting.~ Questions were presented regarding appeals. Roger Landry stated the requirements for appeals.~ A second option was presented by the Board to the applicants to postpone to July 26th.~ It was noted, at this time, that Michael Marquise will be attending the August 11th Zoning Board meeting. After brief discussion, the applicants chose to move forward with their case(s).
Chairman Kish presented the issue.~ Charles Hirshberg presented details of the case for the applicants.~ The drawing presented detailed the existing residence on Fernwood Point Road.~ The original house is 700 sq. ft. in size. The proposed plan seeks to retain the footprint of the house, jack it up, and move it 5 ft. back from the lake side of the property.~ It was noted that the unique shape of the lot creates complications.~ The plan includes lifting of the house (in order to install a foundation), as well as the addition of a one-bay garage and a foyer.~ The site plan shows the existing house moved back 5 ft.~ A patio exists at the present time.~ Mr. Hirshberg explained that the move and lifting of the house will cause the patio to become a deck.~ The present size of the deck exists as 17’ x 12’ (which includes steps) at present.~ Mr. Hirshberg detailed setbacks on the property.~ The house addition on the southerly side meets setback criteria.~ In regard to the northerly
side, the setback will be greater if proposed changes are made.~ The shed is to be removed as shown on the drawing.~ It is non-conforming, but an improvement nevertheless in that regard.~ The configured house, as presented, will conform to the side setbacks.~ Charles Balyeat questioned whether there could be possible damage to the house due to the moving process.~ Construction personnel present explained that it should be fine due to the wood interior of the home.~
Roger Landry stated that the move actually increases encroachment on the bottom corner of the property.~ Mr. Hirshberg further explained details of the setbacks.~ Even moving further back from the lake does not meet the 50’ setback requirement per Roger Landry.~
Chairman Kish requested details regarding the garage issue.~ Mr. Hirshberg stated that adequate space is available in front of the garage even with additions/changes.~ Further, he stated that the removal of the shed would allow extra space – and that the plan shows no further setback than the existing shed.~ Roger Landry stated that the criteria is 25% impervious area with a total of 40% allowed. It was noted that the plan is under 25% impervious (including driveway), which meets requirements.~ Mr. Hirshberg noted that the State approval is still pending.~ Chairman Kish stated that anything approved by the Zoning Board would be subject to State regulations that are currently being revised.~ Mr. Hirshberg stated that 3 of 7 properties in the area are significantly closer to the water.~ Chairman Kish confirmed this.
Chairman Alex Kish asked if any abutters were present for comments.~~ None present. He than asked if there were any further questions from the Board.~
Chairman Kish closed the public portion of the meeting. ~General discussion was presented by the Board.~ It was felt that the proposed plan was consistent with requirements.~~No further questions were presented in connection with the issue by the Board members. ~
Motion made by Dick Katz~to approve Case~11-10, Map 121 Lot 37 for a special exception as per Article III Section 3.50-B-4 to reduce roadfront setback to construct attached garage at 118 Fernwood Point Road to Lucille S. Dane Family Trust – Deirdre Wachtel, Trustee approved as per plans and subject to State approval.~ Seconded by Charles Balyeat. Motion accepted unanimously.
CASE 11-11, MAP 121 LOT 37, SEEKING A VARIANCE OF ARTICLE III SECTION 3.10 TO REDUCE SIDE SETBACK FROM 15’ TO 13.2’ FOR A REPLACEMENT HOME ON 118 FERNWOOD POINT ROAD – LUCILLE S. DANE FAMILY TRUST - DEIRDRE WACHTEL, TRUSTEE~~
Chairman Kish presented the issue.~ ~Charles Hirshberg presented details of the proposal.~ He explained that this case is in regard to the northerly side of the property. They are seeking approval of a reduction to 13.2’ in side setback, which goes to the corner of the proposed deck.~ Per Roger, this is the greatest encroachment brought forth thus far, but is still not as much of an issue as regards the house if measured from the chimney.~ The Board reviewed drawings for details.~ Chairman Kish stated that the side setback could be improved if the deck did not extend out as far – as noted on the drawing.~ Chairman Kish proposed that the deck be made even with the roof overhang, which would be an improvement in regard to setbacks.~ Mr. Hirshberg stated that they could revert back to the patio approach in
order to cause less impact to the property – with steps from the house directly to the patio, rather than from the deck.~~ Chairman Kish suggested that another alternative (per Roger Landry) would be to clip the corner off the deck at a 45 degree angle.~ This would alter the setback and be an improvement.~ Chairman Kish expressed his concern that this is not necessarily a hardship issue in regard to having a deck/patio. He stated that it was a structure vs. non-structure case regarding deck/patio.~ It was noted by Roger Landry that raising a patio more than 12” causes a hardship and would require Planning Board approval.~ Cutting the corner on the deck would reduce encroachment and alleviate the issue.~ Chairman Kish stated that he was only raising issues to improve the setback or achieve the same utilization without the requirement of a variance.~ The issue was to reduce encroachment.~ Mr. Hirshberg stated that by adjustment to the deck they can maintain the 15’ setback.~ He
stated that the applicant was open to making adjustments.~ Roger stated that the variance is still required.~ It was further stated by Roger Landry that the chimney is not considered an encroachment if less than 18”. It was determined that if the deck was cut at the corner, the setback would be 14’, rather than 15’. Chairman Kish asked if the applicant would be willing to amend their request. Mr. Hirshberg stated that this would be acceptable.
Chairman Alex Kish asked if any abutters were present for comments.~~ None were present. He then asked if there were any further questions from the Board.~
Chairman Alex Kish closed the public portion of the meeting. ~General discussion was presented by the Board.~ Chairman Kish stated that he did not see this request as a hardship issue.~ Dick Katz stated that he was satisfied with the 14’ setback.~ If approved, it was stated that the approval would be connected to a set of plans that would accurately reflect the 14’ setback per Roger Landry and Alex Kish. Mr. Hirshberg agreed to provide amended plans with the proper notations.
No further questions were presented in connection with the issue by the Board members.
Motion made by~Dick Katz~to approve Case 11-11, Map 121 Lot 37 for a variance of Article III Section 3.10 to reduce side setback from 15’ to 14’ for a replacement home at 118 Fernwood Point Road to Lucille S. Dane Family Trust – Deirdre Wachtel, Trustee approved as per new drawings/plans to be submitted for approval, as well as the condition that the existing shed be removed per present plans and subject to State approval.~ Seconded by Charles Balyeat. Motion accepted unanimously.
CASE 11-12, MAP 121 LOT 37, SEEKING A VARIANCE OF ARTICLE III SECTION 3.10 TO REDUCE SIDE SETBACK ON SOUTH SIDE FROM 15’ TO 10’ FOR A REPLACEMENT HOME ON 118 FERNWOOD POINT ROAD – LUCILLE S. DANE FAMILY TRUST - DEIRDRE WACHTEL, TRUSTEE~~
Chairman Kish presented the issue.~ Charles Hirshberg presented details.~ Unless dismantling occurs in regard to the existing house, this setback is required in order to move forward with the proposed plans. A reduction of 5 ft. is needed in regard to the southerly setback.~ Chairman Kish stated that the hardship is to meet the required setback – they would have to tear into the existing house if it was not moved.~ Roger Landry stated that it was an overall hardship due to the lot size and shape.~~~
Chairman Alex Kish asked if any abutters were present for comments.~~ None were present. He then asked if there were any further questions from the Board.~
Chairman Alex Kish closed the public portion of the meeting. ~No further questions were presented in connection with the issue by the Board members.
Motion made by Charles Balyeat~to approve Case 11-12, Map 121 Lot 37, for a variance of Article III Section 3.10 to reduce side setback on south side from 15’ to 10’ for a replacement home at 118 Fernwood Point Road to Lucille S. Dane Family Trust – Deirdre Wachtel, Trustee approved as per amended plans to be submitted and subject to State approval.~ Seconded by Dick Katz. Motion accepted unanimously.
CASE 11-13, MAP 121 LOT 37, SEEKING A VARIANCE OF ARTICLE III SECTION 3.40 TO REDUCE LAKE FRONT SETBACK FROM 50’ TO 23.5’ FOR A REPLACEMENT HOME ON 118 FERNWOOD POINT ROAD – LUCILLE S. DANE FAMILY TRUST - DEIRDRE WACHTEL, TRUSTEE~~
Chairman Kish presented the issue.~ ~Charles Hirshberg presented details.~ Roger Landry questioned whether this was an amendment to the footage of the property. Mr.~ Hirshberg stated that they were seeking 25’ rather than 23.5’ in connection with and based on the previous case that was presented. Amended plans would be required and submitted for approval. It was noted that it is acceptable if less impact exists than originally presented to the State for approval – the Zoning Board approval would override the original State submission due to the issue of “less impact”.
Chairman Alex Kish asked if any abutters were present for comments.~~None were present. He then asked if there were any further questions from the Board.~
Chairman Alex Kish closed the public portion of the meeting. ~No further questions were presented in connection with the issue by the Board members.
Motion made by~Dick Katz~to approve Case~11-13, Map 121 Lot 37 for a variance of Article III Section 3.40 to reduce lake front setback from 50’ to 25’ for a replacement home at 118 Fernwood Point Road to Lucille S. Dane Family Trust – Deirdre Wachtel, Trustee approved as per amended plans and subject to State approval.~ Seconded by~Charles Balyeat.~~ Motion accepted unanimously.
Chairman Alex Kish asked if there were any other orders of business. None presented.
The meeting was adjourned at~8:37~PM.
Respectfully submitted,
Diane Caron
Alex Kish, Chairman Charles Balyeat
Dick Katz
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