TOWN OF SUNAPEE
ZONING BOARD
NOVEMBER 10, 2011
PRESENT: Alex Kish, Chairman; William Larrow, Charles Balyeat
ABSENT: Edward Frothingham; Dick Katz; Roger Landry, Zoning Administrator
ALSO PRESENT: George Neuwirt; Kendall & Susan Nichols; Aaron Simpson
Chairman Kish called the meeting to order at 7:00PM.
Chairman Kish informed the applicant that only three board members are present and that while it constitutes a quorum all three members must vote in the affirmative in order for the application to be approved. The option was given to postpone the application until the next meeting and the applicant chose to continue with the case at current meeting.
There were no meeting minutes to approve.
CASE 11-20, MAP 106 LOT 32, SEETING APPROVAL OF A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-I TO RAISE THE ROOFLINE AND ACCOMMODATE JACKING UP HOUSE AND INSTALLING A FROST WALL AT 10 SUNNY KNOLL ROAD, GEORGES MILLS – GERARD AND JOSEPHINE MOTT
Chairman Kish notified the Board that not all of the notifications sent to the abutters had their certified cards returned. These were for Sunny Knoll Improvement Association and for Scott Knabb.
George Neuwirt presented the case. Mr. Neuwirt stated that the names were on an old tax card said the property was owned by Gerard and Josephine Mott, however, the property has changed hands and is now owned by David and Margaret Walsh. Mr. Neuwirt presented a letter from that authorizes him to represent them. Mr. Neuwirt stated that the the existing home currently rests on post and piers. His clients had an inspection completed prior to the purchase that was done by Shakes to Shingles which found rotted posts and rotted beams under the house which needed to be redone. Mr. Neuwirt was hired to put in a frost wall which would help to prevent the deterioration to go further. This would allow the house to also be used more year-round and not just seasonally in the
summer. To assist the abutters with seeing the change, Mr. Neuwirt framed a mock-up on the roof to show how high the house would be after raising it. The primary reason for raising the house is that a portion of the house sits below the road where there are siding and framing below grade. The raising of the house would give eight to ten inches of foundation out of the ground to help protect the house from rot. Mr. Neuwirt was asked how high the house would be raised and told the Board he was raising the house two feet. Mr. Neuwirt continued by stating he does not need a shoreline permit for the project as the house is 255 feet away from the Lake. Mr. Neuwirt was asked if the septic had been inspected. The property is on Town Sewer and Water. Kendall Nichols, an abutter, asked if he could ask some questions regarding the project. Mr. Nichols asked if it was necessary to raise the house two feet if perhaps it could be raised just
one foot. Susan Nichols also asked if they had considered excavating land from around the house rather than raising the house. Mr. Neuwirt explained that in construction they try and have the grounds drain away from the house. As the house sits now, there is a portion that is 10 inches below the grade of the road. If they just excavated the land, there is no way to grade the property without having water going towards the house. At two feet, the house is still only around 5 inches above the height of the road. Mr. and Mrs. Nichols asked if the mockup was still on the house as they have not been up to see it and Mr. Neuwirt confirmed that it is still there. Mr. Neuwirt stated the owners are conscious of their neighbors and the association and that he believes that two feet is the minimum that the house can be raised to be an acceptable level for the house and also to install drainage to have the water pitch away from the house.
Chairman Kish asked the Nichols about their primary concern. Mr. Nichols replied that they are concerned with the loss of their view from their second floor. Chairman Kish confirmed with the Nichols that they have not seen the mockup. Chairman Kish confirmed with Mr. Neuwirt that the primary reason for the two feet is for drainage. Mr. Neuwirt was asked if on the left hand side of the house if there was a private driveway. Mrs. Nichols replied that it is a road to some of the other houses in the association. Mr. and Mrs. Nichols stated that their main objective is to determine if that the two feet is the minimum that the house can be raised and that there are no other alternatives. Chairman Kish stated that per the Zoning Ordinance, the criteria the Board applies for granting a Special Exception does not consider a loss of view an adverse impact and is therefore not something that the Board can take into consideration.
Mr. Neuwirt presented the five criteria for a Special Exception. Criteria one asks that selected site is appropriate for the proposed use. Mr. Neuwirt stated that it is a single family home and the use is not being changed. Criteria two asks that the adequate and safe highway access is provided to the proposed site and that there is adequate off-street parking provided for the proposed use? Mr. Neuwirt stated that the highway access and parking has not changed. Criteria three asks that adequate methods of sewage disposal are available at the proposed site. Mr. Neuwirt stated that the property is on Town Sewer. Criteria four asks that the proposal will not be detrimental, hazardous, or injurious to the neighborhood. Mr. Neuwirt stated that the property is
a single family home and the usage will not change. Chairman Kish clarified that the proposal was to improve the drainage system and Mr. Neuwirt concurred. Criteria five asks that the proposed use is consistent with the spirit of the Ordinance and the intent of the Master Plan. Mr. Neuwirt stated the proposed use is consistent as the property will continue to be used as a single family home.
Chairman Kish asked for any further questions. Mr. Nichols asked if the construction would affect the small side street. Mr. Neuwirt explained that they have met with a building mover and explained the process of raising the building. There is enough room to ensure that the traffic stays on the street and doesn’t have to go over anyone’s lawn. He further explained the project and that the timeline is to be as short as possible. Mr. Larrow asked if Mr. Neuwirt had contacted the Town of Sunapee Road Agent, Tony Bergeron, to discuss with him what the effect will be. Mr. Neuwirt stated that as it is a private association he was not sure if Mr. Bergeron would have anything to do with the road. Mr. Nichols affirmed that road is a private road. Mr.
Neuwirt assured that he will try and have as less of an impact as the neighborhood as possible which is why they approached the project at this time of year to have less of an effect on the traffic, neighborhood and such.
Chairman Kish closed the meeting to public comments. Mr. Balyeat did not have any concerns. Mr. Larrow was confused with the ownership of the property. He wanted clarification as to who applied for the application and who owned the property and who they were approving the application for. Chairman Kish does not know the timeline however, he knows that the property changed hands and that when the application was submitted the tax cards still had the Motts as the property owners. Mr. Neuwirt stated that he completed the application with the Motts name to be consistent with the assessment cards. Chairman Kish asked whose name was on the bottom of the application and Mr. Neuwirt stated that he signed the application. Chairman Kish stated that the land and owner
name should be properly notated as David and Margaret Walsh. Chairman Kish wants to ensure that when the motion is made the corrected property owners name is included in the motion.
William Larrow made a motion to accept case 11-20; changing the name from Gerard and Josephine Mott to David and Margaret Walsh; seeking approval of a Special Exception as per Article III Section 3.50-I to raise the roof line approximately two feet and jacking up the house to install a frost wall at 10 Sunny Knoll Rd and that he necessary permits are acquired. Charles Balyeat seconded. Motion was unanimously approved. Chairman Kish told Mr. Neuwirt that he needed to get the necessary permits from Roger Landry. Mr. Kish also stated that there is a 30 day appeal period and that any forward progress made on the project during the 30 days could be at risk should someone choose to appeal. Mr. Neuwirt confirmed that he understood.
Chairman Kish asked if there was any further business. Mr. Neuwirt stated that a job that he did down on Ridgewood Point Road required a $1000 land disturbance bond last March. He was asking how he could get the bond back. Chairman Kish said that Mr. Neuwirt would need to speak with Roger Landry and that his understanding is that he Selectboard has to sign off on it after Mr. Landry has visited the project and confirmed that it was done correctly. Mr. Neuwirt said that he will speak with Mr. Landry.
REVIEW FOR AARON SIMSPONS AS AN ALTERNATE MEMBER FOR ZONING BOARD.
Aaron Simpson would like to volunteer as an alternate for the Zoning Board. Mr. Simpson gave a list of some other Boards and Committees he has served on; he is currently the Chair of the Lake Sunapee Regional Planning Commission. Chairman Kish believes that Mr. Simpson is familiar with the process and aware of what the Zoning Board does and what their purpose. Chairman Kish stressed that though his participation is welcome, attendance is mandatory. He understands that things happen and there have been situations in the past where members have been reprimanded for not fulfilling their obligation. The other thing that Chairman Kish feels is important is the familiarity with the Ordinances. He is in favor of Mr. Simpson joining as an alternate he just was not sure
about the process. William Larrow stated that in terms of a vote, perhaps waiting until the next meeting for the other members was beneficial. Mr. Simpson also stated that Ed Frothingham approves Mr. Simpson becoming an alternate. There was a discussion regarding the proper process for the approval of an appointment.
Chairman Kish proposed a formal vote for the appointment of Mr. Simpson of an alternate. Three votes were in affirmative.
The meeting was adjourned at 7:42PM.
Respectfully submitted,
Melissa Pollari
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Alex Kish, Chairman Charles Balyeat
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William Larrow Dick Katz
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Edward Frothingham
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