TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
September 8, 2011
PRESENT: Alex Kish, Chairman; Dick Katz; Edward Frothingham; Charles Balyeat; Roger Landry, Zoning Administrator
ABSENT: ~William Larrow
ALSO PRESENT: Jason Bell; Sallie Latawiec; Norman Smith; John Quackenbos; Edward Bailey
Chairman Alex Kish called the meeting to order at 7:00 PM.
The Board reviewed the previous minutes of July 14, 2011. ~No changes were required. Motion by Dick Katz to accept minutes as presented; seconded by Charles Balyeat.~ Accepted unanimously.~ Per Chairman Alex Kish, the Board will review the minutes of August 11, 2011 when William Larrow is present for sign-off.~
Roger Landry presented a brochure to the members in regard to the annual Law Lecture Series. He suggested that members attend Lecture 3 - Land Use Law Update, which will be held in Grantham, New Hampshire this year. He will be attending various lectures including Lecture 1 – Home Occupation and Regulation. He reviewed the lectures that are available and asked that any Board members who are interested let him know so that registration can be completed.~
Roger Landry presented a review of the Planning Board meeting of September 1, 2011, which included proposed construction by the Mt. Royal Academy, potential use and permits required for the Sunapee Cove property and a lot subdivision for George Grant.~~~
Roger Landry suggested that a joint meeting of the Zoning and Planning Boards be held on October 6, 2011 in lieu of the regular Zoning Board Meeting. This would allow Norm Bernaiche/Assessor to present an overview of the tax map software, as discussed at the Planning Board meeting of September 1, 2011. The date for the joint meeting will be confirmed.
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 11-17 - MAP 105 LOT 17 – SEEKING APPROVAL OF A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-I TO RAISE THE ROOFLINE FOR ADDITIONAL RESIDENTIAL SPACE IN LOWER LEVEL - 155 KEYES ROAD – JASON BELL
Chairman Kish presented the issue.~ Jason Bell presented printouts/sketches showing the 50’ setback from the lake.~ A photograph of the home was included with the drawings in order to illustrate the location.~ Mr. Bell explained that they would be installing an 8-10’ basement to keep the height of the structure under the 25’ requirement.~ Edward Frothingham stated that he did not see any infringement with this plan.~ Mr. Bell explained that with keeping the basement level no more than 10’ in height, it would allow for only one step out of the garage and, again, meet the code requirements.~ All members were in agreement that it was an acceptable plan.~ 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. No further questions were presented in connection with the issue by the Board members.
Motion made by Edward Frothingham to approve Case 11-17, Map 105, Lot 17 for a special exception as per Article III Section 3.50-I to raise the roofline for additional residential space in lower level at 155 Keyes Road to Jason Bell as per plans. Seconded by Charles Balyeat. Motion passed unanimously by the Board.
18 CA~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CASE 11-18~ MAP 133 LOT 93 - SOONIPI REALTY TRUST - SEEKING A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-B TO REDUCE FRONT SET BACK FROM 40’ TO 32’ FOR CONSTRUCTION OF A COVERED FRONT PORCH FOR FOOD SERVICE - 36 RIVER ROAD – SOONIPI REALTY TRUST
Chairman Kish presented the issue.~ John Quackenbos explained that he is seeking to convert the existing realty business to a food service establishment.~ This would be for take–out service only.~ The proposed porch would be utilized in connection with the take-out service. Previously, this property was the “Sweet Shoppe” (food service), before it became a location for real estate sales.~~ Mr. Quackenbos stated that a sketch had been presented for review.~ Dick Katz questioned parking for the business. Mr. Quackenbos explained that parking would remain in the front of the building, which meets the 10’ requirement. He further explained that the steps would be recessed into the porch to save space and not infringe on the parking area. He noted that there will be
ample depth for car parking out of the street.~ Roger Landry stated that the Woodbine property would be allowed as a comparison value.~ He also stated that a change of use will go through the Planning Board.~ Chairman Kish clarified the provision that the Woodbine property meets with the qualifications as a comparison value as indicated on the tax maps.~ John Quackenbos stated that this would be a seasonal business only.~ The Board members were in agreement with the proposed plan.~ Roger Landry stated that a handicap ramp at this location does not require a special exception.~ Chairman Kish questioned the height of the structure and Mr. Quackenbos affirmed that it would remain a one story structure.~ 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. No further questions were presented in connection with the issue by the Board members.
Motion made by Dick Katz to approve Case 11-18, Map 133, Lot 93 for a special exception as per Article III Section 3.50-B to reduce front set back from 40’ to 32’ for construction of a covered front porch for food service at 36 River Road to Soonipi Realty Trust as per plans. Seconded by Edward Frothingham. Motion passed unanimously by the Board.
CASE 11-19 – MAP 233 LOT 48-1 - SEEKING A USE VARIANCE OF ARTICLE IV SECTION 4.10 TO ALLOW CONSTRUCTION OF A NEW BUILDING AND ALLOWING THE OPERATION OF A MACHINE SHOP BUSINESS - 60 NUTTING ROAD – NORMAN AND SUSAN SMITH
Chairman Kish presented the issue.~ Norman Smith presented a tax map for review showing the location of the property.~ Roger Landry stated that the location, Nutting Road, is classified as “rural residential”.~ Roger Landry reviewed all items that can be approved for special exceptions.~ Mr. Smith stated that he would like to have a machine shop business at the referenced location, as well as the one he presently has in Sunapee.~ Other improvements have been made to the property in the past.~ Sallie Latawiec stated that she is located across the street from the property.~ Mr. Smith stated that the property includes 17 acres and that he would like to utilize it at this time.~ Roger Landry stated that there are wetlands located on the property as indicated on the tax map, as well as the fact that there
is adequate room for the building that is being proposed.~ Edward Frothingham questioned what would be available in regard to a septic system for the proposed construction. Mr. Smith stated that this had passed inspection. He also stated, per Edward Frothingham’s request, that there is an artesian well located on the property. Chairman Kish questioned the adequacy of the septic system. Mr. Smith stated that it would be able to accommodate up to fifteen people. Edward Frothingham questioned the handling and disposal of hazardous waste.~ Per Mr. Smith, a complete waste management program is in place that is carried out by his business/staff.~ He further stated that business operations would take place for one shift only.~ In regard to noise issues, he stated that he has not ever received complaints about any noise at his existing facility.~ Roger Landry noted the requirements that will have to be presented to the Planning Board in regard to a Site
Plan Review.~ Sallie Latawiec questioned parking for the proposed business. ~Per Mr. Smith, it will be adequate and well landscaped.~~ Roger Landry explained that there are specific size requirements for parking areas according to the type of parking that will be put into place. For example, an 8’ x 20’ area must be allotted for perpendicular parking, with the requirements changing according to the type of parking.~ Edward Frothingham asked if there would be fifteen employees at the facility and how this would impact parking. Mr. Smith stated that parking would be planned accordingly in order to accommodate employees, clients and delivery personnel.~ Chairman questioned the type of structure that would be installed.~ Mr. State explained that it would be wood with a concrete foundation.~ He further stated that he would like to have metal on the interior of the structure.~ Per Chairman Kish, the Zoning Board does not dictate the exterior of a building, but
must ensure that it would not diminish surrounding property values. Roger Landry mentioned that the State sheds located nearby and the boat storage facility are in keeping with the same type of structure and/or business. Chairman Kish questioned whether the abutters had further questions. Ms. Latawiec stated that she is concerned in regard to noise issues.~ She asked about hours of operation and lighting.~ Mr. Smith stated that the fork truck would be the loudest noise at the facility as it would be used outside. Again, he stated that the business would operate for one shift only; however, hours may vary.~ Ms. Latawiec also questioned the setback of the proposed construction from the road. Mr. Smith stated that it would be 100’ back with a tree line.~ The abutter was also concerned with location of the in/out driveways.~ Mr. Smith explained the locations, also noting that they will attempt to protect the view with plantings.~ Roger Landry brought
forth the issue of weight limitations on Nutting Road and the posting that takes place during the Spring months.~ Mr. Smith stated that the location of his existing machine shop also is on the same type of road on Lower Main Street.~ Chairman Kish questioned whether there were a detailed set of plans ready for the Planning Board.~ Mr. Smith stated that this is available. Roger Landry reiterated the fact that the Board wants to make sure the values are not diminished and that safety issues are addressed.~ Chairman Kish stated that the criteria in regard to property values suggests that values are not being diminished. However, there is some confusion as the “variety” of neighborhood properties is eclectic.~ He did state that he believes this would be keeping with the “character” of the neighborhood. A letter from an additional abutter was presented to Chairman Kish. ~The letter, received from George and Margaret Rice~of August 22,
2011, stated that they are in agreement with the proposed construction.~ The letter stated that their experience with the previous business in a similar location was not an infringement and they have no objections to the proposed plan for new construction and the placement of the building.~ Chairman Kish reviewed the requirements and policies in regard to this issue.~ He questioned why the applicant is requesting to move the business from its present location.~ Per Mr. Smith, he cannot utilize his fork truck as necessary – the river is on the back of the property.~ He further stated that the new location would be more optimal in regard to client visits, as well as usage. Chairman Kish stated that the current location does not provide adequately for the applicant’s needs.~ The new site provides a better location and more space.~ The present location has too many restrictions.~ Both Chairman Kish and Roger Landry pointed out that comparable businesses are allowed.~
Chairman Kish stated that this is more akin to a professional office, and not invasive to the area.~ Ms. Latawiec stated that she is not familiar with the current operation.~She further stated that she has lived in the proposed neighborhood for eight years.~ Roger Landry suggested that the abutters should visit the existing shop in order to get a better idea of the operation. Mr. Smith explained details on the tax map that allows buffering for neighbors.~ Charles Balyeat questioned the nature of the business.~ Mr. Smith explained that they produce various machined parts.~ At this time, Roger Landry stated that there had been no comments from any other abutters to the property.
Chairman Alex Kish asked if there were any further questions from the Board. He then closed the public portion of the meeting. ~Chairman Kish stated that there seem to be no objections to the planned use and feels that it is consistent with other special exceptions that have been granted. He further stated that it is not as imposing as others have been in the past.~ It was stated by Roger Landry and Chairman Kish that it is necessary to make sure this issue is separate from any approval or denial from the Planning Board. If a negative vote is received from the Planning Board, it will negate any positive motion obtained at this time.~ No further questions were presented in connection with the issue by the Board members.
Motion made by Edward Frothingham to approve Case 11-19, Map 233, Lot 48-1 for a use variance of Article IV Section 4.10 to allow construction of a new building and allowing the operation of a machine shop business at 60 Nutting Road to Norman and Susan Smith as per plans and subject to Site Plan Review approval by the Planning Board. ~Seconded by Charles Balyeat. Motion passed unanimously by the Board.
Chairman Alex Kish asked if there were any other orders of business. ~None were presented.
The meeting was adjourned at 8:06 PM.
Respectfully submitted,
Diane Caron
Alex Kish, Chairman Dick Katz
Edward Frothingham Charles Balyeat
| 
