TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
JANUARY 14, 2010
PRESENT: Peter Urbach, Chairman; Alex Kish, Vice Chairman; Harry Gazelle; James Lyons; Charles Balyeat, Alternate; Ed Frothingham, Alternate; Roger Landry, Zoning Administrator.
ALSO PRESENT: Ken Starkey; Samantha Starkey; Rob Reno; Carol Willoughby; Lyndsey Walkinshaw.
ABSENT: Bennie Cooper, Alternate.
Chairman Urbach called the meeting to order at 7:00.
Changes to the minutes of December 10: Motion by Mr. Gazelle, seconded by Mr. Balyeat, to pass the minutes as presented. The motion passed unanimously.
Administrative matters: Mr. Landry informed the board there would be a thirteen lot subdivision coming before the planning board in February. All state approvals have been received for that project.
The planning board has completed the 2010 master plan; a public hearing will take place on January 21.
There will be no zoning board meeting in February as there are no new cases.
Chairman Urbach appointed Mr. Balyeat will serve as a voting member.
CASE 09-23, MAP 104 LOT 16. LYRA L. NEVILLE, 1025 MAIN STREET, GEORGES MILLS, SEEKING AN AREA VARIANCE OF ARTICLE III SECTION 3.10 AND REDUCE THE RESIDENTIAL TO ALLOW A (4) FAMILY DWELLING ON A PRE-EXISTING NON-CONFORMING LOT.
The case is continued from the previous meeting; the applicant is not present. The principal question is whether the property is in the village district or the residential district. The board was unable to determine the district definitively at the last meeting and most members felt the case turned on which district the property was in.
Mr. Landry stated that the property is in the residential district, therefore currently exceeds the number of units allowed in that district. One dwelling unit per acre is permissible in the residential district; the structure in question houses three.
Motion by Mr. Lyons, seconded by Mr. Gazelle, to grant an area variance of Article III Section 3.10 and reduce the residential to allow a (4) family dwelling on a pre-existing non-conforming lot. The motion is opposed unanimously.
CASE 09-24, MAP 128 LOT 62, REHEARING. KENNETH & CHERYL STARKEY, 95 LAKE AVENUE, SEEKING A SPECIAL EXCEPTION AS PROVIDED FOR IN ARTICLE III SECTION I TO RAISE ROOF LINE ON GARAGE AND ADD A DORMER AND SECOND FLOOR FOR ADDED RESIDENTIAL SPACE – NO COOKING OR HOUSEKEEPING FACILITIES.
The special exception was previously granted with the conditions that no cooking or bathroom facilities be provided for. The applicants would like a rehearing to request removal of the condition mandating no bathroom facilities. Carol Willoughby, attorney for Starkeys, presented the case. Ms. Willoughby stated that the ordinance defines a dwelling unit as one with cooking, sanitary and sleeping facilities combined. She added that there are no cooking facilities in the plan and the applicants have no intention of installing cooking facilities. A wetbar will be installed but she does not feel that constitutes a kitchen.
Chairman Urbach stated that the board first must vote to grant a rehearing. Mr. Landry indicated that town counsel advised a rehearing be granted.
Motion by Mr. Kish, seconded by Mr. Gazelle, to open the rehearing. The motion passed unanimously.
Mr. Kish pointed out that the special exception travels with the property in perpetuity so the board felt that placing more stringent criteria on the special exception would make the intent clear for all future owners. He inquired how the board would ever know if the applicant installed a kitchen. Mr. Landry said there was no way of monitoring that.
Mr. Landry stated that all three conditions must be met and the application must be taken at face value. Mr. Gazelle pointed out that two of the conditions are met in the application and the third is not.
Chairman Urbach suggested removing the condition prohibiting bathroom facilities and make stronger the condition prohibiting kitchen facilities.
Ms. Willoughby suggested specifying that the applicant may never construct a dwelling unit as defined by the ordinance. Mr. Landry concurred.
Motion by Mr. Kish, seconded by Mr. Gazelle, to approve the special exception as provided for in Article III Section I to raise roofline on garage and add a dormer and second floor for added residential space with the removal of the condition prohibiting bathroom facilities and adding the condition that the structure may not be converted to a dwelling unit according to the zoning ordinance as amended from time to time. The motion passed unanimously.
ZBA member application: Sunapee resident George Sanders has submitted an application to be considered as an alternate zoning board member. Mr. Sanders stated he has background in engineering and surveying and is presently a real estate agent. He said he has never served on a planning or zoning board. Mr. Sanders is a registered voter in the town of Sunapee. Mr. Gazelle inquired if there would be a conflict of interest given his work as a real estate agent. Mr. Sanders did not think that would be an issue. Mr. Kish thought Mr. Sanders being in real estate might be a benefit.
The board thanked Mr. Sanders for his time and will make a decision on the applicant at a later date.
The meeting was adjourned at 7:57.
Respectfully submitted,
Katie Richardson
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Peter Urbach, Chairman Alex Kish, Vice-Chairman
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Harry Gazelle James Lyons
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Charles Balyeat
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