TOWN OF SUNAPEE
ZONING BOARD
DECEMBER 8, 2011
PRESENT: Alex Kish, Chairman; William Larrow, Charles Balyeat, Edward Frothingham, Dick Katz, Roger Landry, Zoning Administrator
ABSENT: Aaron Simpson, Alternate
ALSO PRESENT: Larry Johnson & Marylynn Johnson
Chairman Kish called the meeting to order at 7:00PM.
The meeting minutes of August 11, 2011, September 8, 2011 and November 10, 2011 were reviewed and approved subject to changes to the November 10th meeting as noted on the signed copy of the minutes. Dick Katz made a motion to approve all the minutes as amended. Motion seconded by Edward Frothingham. Motion passed.
The certificate of appointment of Aaron Simpson to the Zoning Board as an alternate for 3 years was signed off by the Board members.
Roger Landry reported on the last Planning Board meeting.
CASE 11-21, MAP 121 LOT 49, SEEKING AN AREA VARIANCE OF ARTICLE III SECTION 3.10 TO REDUCE LOT SIZE FROM 1.43 ACRES TO 1.21 ACRES ALLOWING .22 ACRES TO BE ANNEXED TO ADJACENT LOT 121-51 AT 90 FERNWOOD POINT RD – MARYLYNN K. JOHNSON
Larry Johnson and Marylynn Johnson presented case. Chairman Kish read the justification criteria into the record. The Zoning Board had little discussion with the five criteria requirements. Most of the discussion was over the verbiage in the deed allowing “others” to use the 40’ strip to the Lake. Further review of the actual deeds of several property owners in the immediate area of the Johnson’s lot did not indicate any rights to use the strip of land in question for Lake access. Roger Landry stated that granting the variance will still result in two non-conforming lots which will no longer be preexisting and any future development on these lots would have to meet regular setback requirements.
Mr. Johnson presented the merits and started by stating that granting a variance will not diminish property values because its waterfront feature should remain the same while increasing the value of the adjacent lot number 51 and any reduction of lot 49 should be offset by that increase. Also, granting a variance will not be contrary to public interest because one lot (Lot 51) will become less non-conforming and the other lot (Lot 49) will be just slightly non-conforming. Therefore, the benefit will be to make the Lot 51 less conforming. The allowance of the permit is due to the necessary hardship because Lot #2 (Lot 49) cannot be used in any other way other than the way it is currently being proposed. The variance would not injure the public or private rights of others because
there is no change in the property use and the safety and general health and welfare of the public would not be affected. Granting the variance would do substantial justice because the lots would conform more to the original subdivider’s intent. Finally, the use is not contrary to the spirit of the ordinance.
William Larrow made a motion to allow case 11-21, Map 121 Lot 49, seeking an area variance of Article III, Section 3.10 to reduce lot size from 1.43 acres to 1.21 acres allowing .22 acres to be annexed to adjacent Map 121 Lot 51 to be granted and a copy of a Purchase and Sales Agreement will be submitted to the Zoning Board or if a Purchase and Sales Agreement is obtained by January 2012 a subdivision / annexation application should be submitted to the Planning Board for review and approval prior to the March 8, 2012 Zoning Board meeting, otherwise, approval of the variance will be null and void. Motion seconded by Dick Katz. Motion passed unanimously.
The meeting was adjourned at 9:20 PM.
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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