TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
August 11, 2011
PRESENT: Alex Kish, Chairman; Dick Katz; Edward Frothingham; William Larrow; Roger Landry, Zoning Administrator
ABSENT: ~Charles Balyeat
ALSO PRESENT: Wayne Flanagan; John Brandolini; Doreen Brandolini; George Neuwirt; Bob Bell; Jason Bell
Chairman Alex Kish called the meeting to order at 7:01 PM.
The Board reviewed the previous minutes of June 9, 2011.~ No changes were required.~ Motion by William Larrow to accept minutes as presented; seconded by Edward Frothingham.~ Accepted unanimously.~ The Board determined that it would postpone review of the July 14, 2011 minutes due to the absence of Charles Balyeat.~
Roger Landry presented a review of the Planning Board meetings of July 21, 2011 and August 4, 2011. ~~Roger Landry stated that there will be a joint meeting of the Planning and Zoning Boards in order to review procedures and regulations. Notification regarding scheduling will be given at a future date.
Chairman Kish informed the applicants that four members were present, with three affirmative votes being required for approval. The option was given to continue to a future meeting where additional members would be present.
CASE 11-09 MAP 118 LOT 23 - CONTINUATION – 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 - 61 PINEY POINT ROAD – WAYNE AND PAM FLANAGAN
Chairman Kish presented the issue.~ Mr. Flanagan presented his case in regard to the construction of a shed on his property.~ Continuation of the case was required due to new information that came to light~at a previous meeting regarding comparative value issues per Chairman Kish.~ Mr. Flanagan stated that he had additional information to present. Originally, both sides of the road at this location were owned by George Dane, who sold the parcels separately over time.~ Right-of-ways were granted to all owners for the area in front of each home that is presently in existence.~ At that time, it was deemed a “private” road for all owners on Piney Point Road.~ Mr. Flanagan presented photographs to illustrate specific information in regard to one address of a specific property located near his own home –
showing that it was noted as “Piney Point Road”. He further stated that there is a 15’ easement for power company use.~ Chairman Kish questioned Roger Landry and the Board in regard to details of the referenced road. His understanding was that the town had taken over maintenance of the road and that this would change effective ownership. Roger Landry stated that a petition was made to the town (and State) three to four years ago via the Selectboard for five roads in the referenced area to be utilized as emergency right-of-ways. In effect, the town now owns the surface of these roads.~ The specific road area involved in this case ends at the Szaluka property.~ According to Mr. Flanagan, the road meets with the edge of Gary Szaluka’s property.~ He further stated that he feels he should be allowed to use the shed as previously presented, which is located on Mr. Szaluka’s property for comparison purposes.~ Roger Landry stated that
this was not an option as the shed is located too far back on personal property.~ Mr. Flanagan read information regarding existing ordinances.~ He stated that he felt he had met the requirements for a comparison value.~ Roger Landry stated that three years ago, this could have been used. However, at that time, the Planning Board instituted changes that would no longer allow this to be done.~ He further stated that the applicant needs to prove there is 500 ft. on either side before a special exception can be granted.~ Chairman Kish brought forward the issue of underlying fee ownership. Roger Landry stated that each area is owned by the property owners themselves. The easement to the town is for the surface of the road only. Chairman Kish stated that the ordinance is, in fact, legitimate. He stated that the applicant must show there are other structures available for comparison purposes and it was felt that he had not met this requirement.~ Mr. Flanagan
questioned the proposed structure being located beyond the easement and stated that he feels this changes the issue.~ Per Chairman Kish, the purpose of the ordinance is to provide rules for subject issues and that the issue has not been changed.~ Mr. Flanagan expressed that he feels the Board has the ability to grant special exception due to there being no issues from abutters and the fact that values of neighboring properties have not been affected by his request. Per Chairman Kish, it was noted for the record that this issue did not pass at a previous meeting. He further stated that he feels there is issue with diminishing the values of other properties nearby, and that it could be brought into compliance easily.~ Confusion was expressed by Mr. Flanagan in regard to property ownership of the area in question.~ He further stated that he would like to seek a variance and feels it meets with the spirit of the ordinance. He also stated that he feels it is further in
compliance than other requests that have been made by other owners.~ He is seeking to construct a shed for containment of a snowblower and related items, only. He does feel this is a hardship issue – not having convenience with access issues.~ Per Chairman Kish, a special exception requires similar comparative structures and the applicant has not provided this to the Board. Per Roger Landry, he reviewed the definition of “road” to explain further.~ A road map is maintained by the Town of Sunapee, and it is clear that the 500 ft. range has not been met.~ Roger Landry reiterated that the road criteria has not been met due to the changes made approximately two to three years ago by the Planning Board.~
Mr. Flanagan questioned whether the main issue was the distance requirement from the road. Roger Landry replied that this was true. Chairman Kish further stated that it was, in fact, a dimensional control issue.~ The structure clearly does not meet town requirements in connection with comparison values.~ Mr. Flanagan asked that the Board consider his request based on the 500 ft. range, but not according to the road issue.~ Per Roger, it must be located on the right-of-way, and it is not.~ Mr. Flanagan asked for clarification on this.~ Roger Landry gave details regarding the ordinance and how this is not being met.~ He will provide the date of change to this ordinance per Mr. Flanagan’s request.~ Chairman Kish stated that the road is defined by the ordinance.~ The “road proper” ending is not
enough distance to bring the existing shed as a comparison value.~ William Larrow stated that it does not meet criteria as noted.~ Chairman Kish stated that it does not meet the requirements for a special exception. William Larrow agreed with Chairman Kish and stated that the applicant can request a variance in future.
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. No further questions were presented in connection with the issue by the Board members.
Motion made by Dick Katz to approve Case 11-09, Map 118, Lot 23 for 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 61 Piney Point Road to Wayne and Pam Flanagan. Seconded by William Larrow. ~Motion failed to pass unanimously by the Board.
CASE 1 CASE 11-14 MAP 109 LOT 2 – SEEKING SPECIAL EXCEPTION TO RAISE THE ROOF LINE AS PER ARTICLE III SECTION 3.50-I TO ALLOW FULL RESIDENTIAL USE OF A NEW LOWER LEVEL - 7 WESTWOOD ROAD – JOHN AND DOREEN BRANDOLINI
Chairman Kish presented the issue.~ George Neuwirt presented the case for special exception on behalf of the owners who were present.~ Overview was given by Mr. Neuwirt. Previously, usage has only been as a vacation home. At this time, they would like to utilize the property as a full-time residence.~ Change of use is requested as a single family home for use on a permanent basis.~ They would like to perform two actions in regard to their property. First, they would like to raise the home six feet so that it will be even with the driveway for ease of access and to eliminate the stairs.~ They own property across the road, so there would be no issues with “views”. Secondly, they would like to install a covered walkway between the house and garage.~ There is an existing deck and patio, so they
would only need a special exception for 8 ft. of deck area.~ Per Roger Landry, the garage is being used as a comparison value.~ Two other properties were presented by Mr. Neuwirt as comparison values within 500 ft., for a total of three comparisons.~
Chairman Kish questioned whether they were raising the roofline to raise the structure itself. It was stated that this was the case. Roger Landry explained that the lower level will be completed/finished in order to create additional residential space. Edward Frothingham asked if a basement is presently in existence, but not connected. It was explained that the present basement is comprised of two separate areas. They would like to raise the structure 6 ft. in order to remedy this. Digging would take place in order to do this. At present, a section of basement area exists beneath the kitchen and the furnace area is accessed only by a bulkhead entrance. They would like to centralize the basement area with the installation of a new foundation.~ Mr. Neuwirt gave an overview of the
five criteria that he feels have been met: 1) appropriate location; 2) adequate highway access; 3) sewage – on town sewer; 4) use is in keeping as before as single home; 5) plan meets requirements of spirit of ordinance and master plan.~ Chairman Kish confirmed that the criteria have been met by the proposed plans.
No abutters were present. 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. No further questions were presented in connection with the issue by the Board members.
Motion made by Dick Katz to approve Case 11-14, Map 109, Lot 2, for a special exception to raise the roofline as per Article III Section 3.50-I to allow full residential use of a new lower level at 7 Westwood Lane to John and Doreen Brandolino as per plans.. Seconded by Edward Frothingham. Motion accepted unanimously.
CASE 11-15 MAP 109 LOT 2 - SEEKING A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-B-4 TO CONSTRUCT A COVERED WALKWAY 40’ FROM CENTER LINE OF ROAD AND APPROXIMATELY 25’ FROM EDGE OF ROAD RIGHT OF WAY – 7 WESTWOOD LANE – JOHN AND DOREEN BRANDOLINI
Chairman Kish presented the issue.~ George Neuwirt presented the three comparison values per previous information of Case 11-14. He also presented a letter of support from an abutter of the property, Mr. Bob Cassato, wherein it is stated that he is in support of the application and that he believes the construction “will be beneficial to our neighborhood and town”.
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. No further questions were presented in connection with the issue by the Board members.
Motion made by Dick Katz to approve Case 11-15, Map 109, Lot 2 for a special exception as per Article III, Section 3.50-B-4 to construct a covered walkway 40’ from the center line of the road and approximately 25’ from edge of road right-of-way at 7 Westwood Lane to John and Doreen Brandolino as per plans. Seconded by Edward Frothingham. ~Motion accepted unanimously.
CASE 11-16 MAP 105 LOT 17 - SEEKING APPROVAL OF A VARIANCE OF ARTICLE III SECTION 3.40-C TO REDUCE LAKEFRONT SETBACK FROM 50’ TO 37’ AND REDUCING THE PRESENT ENCROACHMENT - 155 KEYES ROAD – LYNNE M. BELL TRUST
Chairman Kish presented the issue. ~Mr. Bell presented the case to the Board. It involves the transfer of a three acre lot to his son. The plans indicate the existing cottage location and where it will be moved, thereby decreasing the encroachment to 400 sq. ft. within a 50 ft. setback.~ The proposal includes moving, rotating and raising the cottage, as well as adding a connector and installing a foundation.~ They would like to move the cottage in order to attach it to a garage and get it further away from the pond, thus reducing encroachment.~ The roofline causes a special exception to be required per Roger Landry.~ This was not presented previously per Roger Landry. Further, he stated that if this meets with approval, it is subject to State approval. Chairman Kish stated that a variance is needed in
order to adjust the setback, with the overall project schema being to connect the cottage with the garage.~ Mr. Bell stated that this has been submitted to the State for approval. ~Per Roger Landry, this plan must be presented again for a special exception in connection with raising the roofline.~ William Larrow questioned the water and sewer for the property. It was explained that this is pumped across the road as noted on the plans.~ ~
No abutters were present. 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. William Larrow stated that he felt the case was straightforward except for the new request for special exception.~ No further questions were presented in connection with the issue by the Board members.
Motion made by William Larrow to approve Case 11-16, Map 105, Lot 17 for approval of a variance of Article III Section 3.40-C to reduce lakefront setback from 50’ to 37’ and reducing the present encroachment at 155 Keyes Road to Lynne M. Bell Trust as per plans with pending approval of special exception to raise the roofline. ~Seconded by Edward Frothingham.~ ~Motion accepted unanimously.
Chairman Alex Kish asked if there were any other orders of business. None presented.~
The meeting was adjourned at 8:13 PM.
Respectfully submitted,
Diane Caron
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Alex Kish, Chairman ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ William Larrow
Dick Katz ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ Edward Frothingham
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