TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
APRIL 8, 2010
PRESENT: Alex Kish, Vice-Chairman; William Larrow; George Sanders; Ed Frothingham, alternate; Harry Gazelle, alternate; Peter Urbach, alternate; Roger Landry, Zoning Administrator.
ALSO PRESENT: Donna Davis; Charlotte Brown; Joan Pankhurst; Mark Barselle; Bob Leonard; Carolyn Dugan; Julie Jasys; Sharon Barrett; Freidrich Moeckel.
ABSENT: Charles Balyeat; Jim Lyons.
Vice-Chairman Kish called the meeting to order at 7:02.
Vice-Chairman Kish informed the applicants that they have the option of waiting for a board of five members to have their case heard. Mr. Sanders may not vote on the case as he was not on the board when the case was initially presented.
Changes to the minutes of March 11: Remove Bennie Cooper as an alternate. Under administrative matters, add “since he and Mr. Gazelle will be off the board at the next meeting” after the statement that Chairman Urbach suggested the appointment of alternates. In the same sentence, clarify that the alternates were appointed in the event of an appeal of any case, not specifically case 10-01. Motion by Mr. Urbach, seconded by Mr. Gazelle, to approve the minutes as amended. The motion passed unanimously.
Administrative matters: Mr. Landry informed the board that the planning board met last week; they approved the site plan for a contractor’s yard at 57 Prospect Hill Road and approved raising the grade 12”+ within 50’ of the lakefront at 42 Nilson Lane. No decision was made on the site plan review for 15 Prospect Hill Road. The board also signed off on the mylar for recording on hammerhead approval, Nancy Kell, North Road.
CASE 10-01, MAP 104 LOT 20, DONNA DAVIS, 15 PROSPECT HILL ROAD, SEEKING APPROVAL OF A SPECIAL EXCEPTION AS PROVIDED FOR IN ARTICLE IV SECTION 4.10 TO CONTINUE TO OPERATE AN AUTOMOBILE AND MARINE RECONDITIONING SERVICE AND WHOLESALE AUTOS UNDER THE PROVISIONS OF A HOME BUSINESS.
The applicants opted to move forward with the hearing with a board of four voting members. Vice-Chairman Kish appointed Mr. Frothingham to vote for Mr. Lyons. Mr. Larrow recused himself.
Atty. Freidrich Moeckel represented Ms. Davis and Mr. Larrow. He stated that he would like the board to look at what was requested by the applicant, which is to continue to operate their business, Series 2000. Mr. Moeckel does not feel the applicants should have to file for a special exception. He does feel an appeal is required in this case. He argued that Mr. Landry’s correspondence with the applicants did not fill the statutory requirements. Mr. Moeckel referred to the board’s ability to waive its own rules and stated that if the case is not treated as an application of appeal, there is nothing further to discuss.
Vice-Chairman Kish commented that the applicants did file for a special exception and the board was advised by town counsel to treat the application solely as such. Vice-Chairman Kish invited the applicants to present documentation in support of the special exception.
Mr. Moeckel again stated that the board can treat the application not as a special exception, but as a request to continue to operate the business. Vice-Chairman Kish stated that this hearing is not the proper venue for an appeal. Mr. Urbach commented that Mr. Moeckel is aware of the fact that town counsel has advised the board to treat the application as a special exception and Mr. Moeckel is asking the board to rule against the way in which town counsel advised. Vice-Chairman Kish reiterated that the board will only hear the case as an application for a special exception and suggested the applicants consider an extension to next month’s meeting in order to put together documentation for their case. Mr. Moeckel asked if the board was willing to make a decision to treat
the application as an appeal. Mr. Urbach stated there is no decision to make; it is an application for a special exception.
Mr. Landry inquired if the application is withdrawn. Mr. Moeckel responded that it was not being withdrawn at this time. He reiterated that he would like an official vote on an administrative appeal. Mr. Urbach reiterated that the only thing before the board is an application for a special exception.
Mr. Moeckel again asked for a vote from the board on an appeal. Vice-Chairman Kish again offered an extension to the applicants and stated that the board will vote on the special exception if an extension is not requested. Vice-Chairman Kish asked if the application was being withdrawn. Mr. Moeckel stated he would like it tabled indefinitely. Vice-Chairman Kish said that was not possible and asked if the extension was declined. Mr. Moeckel asked the terms of the extension. Vice-Chairman Kish explained that the applicants may submit documentation by April 22 and have their case heard at the next zoning board meeting. Mr. Moeckel said he accepted the extension with that caveat that the board vote on the appeal. Vice-Chairman Kish reiterated that the board
is not going to rule on what is not before them.
Mr. Moeckel again said the applicants are not asking for a special exception, they are asking to continue to operate an automobile and marine reconditioning service. Mr. Urbach pointed out that that statement on the application was preceded by “the reason for the special exception”. Mr. Urbach commented that the applicant’s attorney has made his arguments and suggested closing the hearing to the public. Vice-Chairman Kish closed the meeting to the public.
Mr. Urbach stated the only course of action is to deal with the special exception. He said a 30 day extension may be granted, as the applicant has not presented documentation for the five criteria, or the board can vote on whether to approve the special exception or not. Vice-Chairman Kish agreed. Mr. Urbach pointed out that the applicant has not expressed a desire for an extension and suggested the board vote on the application.
Motion by Mr. Urbach, seconded by Mr. Frothingham, to approve the application of Donna Davis, 15 Prospect Hill Road, for a special exception as provided for in Article IV Section 4.10 to continue to operate an automobile and marine reconditioning service and wholesale autos.
Mr. Urbach stated that the application does not meet the five criteria to approve the special exception and the board would be declining it without prejudice.
The motion was denied unanimously.
Election of officers: The board voted unanimously to hold the election of officers at the next meeting when all members are present. The board voted unanimously with one abstention to appoint Mr. Frothingham to a three year term as an alternate.
The meeting was adjourned at 7:49.
Respectfully submitted,
Katie Richardson
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Alex Kish, Vice-Chairman George Sanders
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Ed Frothingham, alternate Harry Gazelle, alternate
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Peter Urbach, alternate
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