TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
MAY 13, 2010
PRESENT: Alex Kish, Chairman; Charles Balyeat, Vice-Chairman; Bill Larrow; Jim Lyons; George Sanders; Ed Frothingham, Alternate; Roger Landry, Zoning Administrator.
ALSO PRESENT: Donna Davis; Guy Alexander Jr.; Tim Zappala; Judy Zappala; Christine Alexander; Guy Alexander; Barry Paddock; Robert Messenger.
ABSENT:
Chairman Kish called the meeting to order at 7:00.
Election of officers: Motion by Mr. Lyons, seconded by Mr. Balyeat, to appoint Mr. Kish as chairman. The motion passed unanimously.
Motion by Mr. Kish, seconded by Mr. Sanders, to appoint Mr. Balyeat as vice-chairman. The motion passed unanimously.
Changes to the minutes of April 8: Motion by Mr. Kish, seconded by Mr. Sanders, to approve the minutes as presented. The motion passed unanimously.
Administrative matters: Mr. Landry reported that the planning board approved a two lot subdivision on Lake Avenue, site plan review for Sonya Land Investments on Central Street, statement of property usage for Lake Sunapee Rowing Club and statement of property usage for Artisans Workshop on Garnet Street. Statement of property usage was reviewed for Andrea Mantor on Main Street.
CASE 10-04, MAP 128 LOT 45, TIMOTHY & JUDITH ZAPPALA , 42 GARNET STREET, SEEKING APPROVAL OF A VARIANCE OF ARTICLE III SECTION 3.40-C TO REDUCE WATERFRONT SETBACK FROM 50’ TO 42’ TO ADD A DECK CONNECTOR TO EXISTING DECK.
Mr. Zappala presented the case. He stated that he is requesting a variance to square off an existing deck. The deck, when squared off, will not go closer either to the water or the adjacent property. The water is 42 away and the adjacent property is 24 feet away.
Mr. Larrow asked about the measurement from the shoreline; Mr. Zappala said he measured from the front of the existing deck to the water and it is 42 feet. Mr. Larrow asked if there were any issues associated with state permits. Mr. Landry said if you are digging by hand you must notify the state; if using equipment, a permit is required.
Motion by Mr. Lyons, seconded by Mr. Balyeat, to approve a variance of Article III Section 3.40-C to reduce waterfront setback from 50’ to 42’ to add a deck connector to existing deck as per plans presented. The motion passed unanimously.
CASE 10-05, MAP 133 LOT 49, MICHAEL & KATHLEEN COOK, 69 LAKE AVENUE, SEEKING APPROVAL OF A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-i TO ALTER THE ROOFLINE FOR A DORMER TO ACCOMMODATE A NEW FAMILY ROOM.
Barry Paddock presented the case. The garage is about 8 feet from the street and 2 feet 9 inches beyond the setback. Mr. Kish commented that his only concern is that it is close to becoming another dwelling unit. Mr. Landry commented that it must contain all three elements (bedroom, bathroom and kitchen facilities) in order to be a dwelling unit.
Motion by Mr. Balyeat, seconded by Mr. Larrow, to approve a special exception as per Article III Section 3.50-I to alter the roofline for a dormer to accommodate a new family room on the condition that it does not become a dwelling unit as defined by Article 11 of the zoning ordinance. The motion passed unanimously.
CASE 10-06, MAP 122 LOT 11, GUY & BARBARA ALEXANDER, 182 JOBS CREEK ROAD, SEEKING APPROVAL OF A VARIANCE OF ARTICLE IV SECTION 4.33-B-7-a-I AND REDUCE LAKE FRONTAGE REQUIREMENT OF 200’ TO 80’ TO ACCOMMODATE THE CREATION OF A NEW LAKEFRONT LOT.
Sandy Alexander presented the case. He stated that lot 11 does not have lake access. He would like to eliminate the easterly lot line and redraw it from the south corner down to the shoreline so that the property would be granted lake access. He does not have enough shoreline to give both properties 200 feet of shoreline or both lots 1.5 acres. Both houses have been in place for a number of years; there is no change in usage or density. Lot 11 would remain non-conforming but be less non-conforming than it currently is.
Mr. Kish asked if either lot is on town water or sewer. Both are on town sewer; both draw water from the lake. Mr. Sanders asked about septic notes on the map. Mr. Alexander stated that that map is out of date and the note not valid.
Mr. Kish asked why Mr. Alexander needs a lot line adjustment rather than granting an easement. Mr. Alexander said he was under the impression that zoning did not allow for such an arrangement.
Mr. Larrow asked what each lot ends up with for shoreline if the lot line is redrawn. Lot 12 would end up with 239 feet and lot 11 with 80 feet.
Mr. Landry remarked that both lots being on town sewer is a plus.
Mr. Kish asked why Mr. Alexander would not grant an easement. Mr. Landry said subdivision regulations do not allow that.
Mr. Frothingham commented that he found the proposal reasonable. Mr. Larrow asked about future modifications to the lot. Mr. Kish said any modification would have to be dealt with and approved at that point.
Mr. Alexander reiterated that nothing changes; there is no negative effect on abutters, the water, or services. The only change is in one lot line. He stated it does not change the character of the lake, the shore, etc.
Mr. Kish said he had been wrestling with the hardship question. Given that there is not an alternative other than what the applicant is suggesting, he feels there is a compelling argument to grant the variance.
Mr. Lyons said he has an issue with creating a lot with less than 200 feet of frontage, as the variance goes with the property in perpetuity. He is opposed to approving the variance.
Mr. Kish said the proposal is consistent with what is there and there is no negative impact on the neighborhood. Mr. Larrow mentioned the effect on Grandliden, but concluded that if any abutters had concerns they would have made their opinion known.
Motion by Mr. Balyeat, seconded by Mr. Sanders, to approve a variance of Article IV Section 4.33-B-7-a-I and reduce lake frontage requirement of 200’ to 80’to accommodate the creation of a new lakefront lot. The motion passed 4-1.
CASE 10-07, MAP 122 LOT 11, GUY & BARBARA ALEXANDER, 182 JOBS CREEK ROAD, SEEKING APPROVAL OF A VARIANCE OF ARTICLE III SECTION 3.10 TO REDUCE MINIMUM LOT SIZE FROM 1.50 ACRES TO 1.18 ACRES.
Mr. Kish commented that making the lot less non-conforming is a good thing. Mr. Alexander observed that the two cases are inextricably linked.
Motion by Mr. Balyeat, seconded by Mr. Sanders, to approve a variance of Article III Section 3.10 to reduce minimum lot size from 1.50 acres to 1.18 acres. The motion passed 4-1.
CASE 10-08, MAP 129 LOT 68, ROBERT & CHRISTINE MESSENGER, 44 CENTRAL STREET, SEEKING APPROVAL OF A SPECIAL EXCEPTION AS PER ARTILE III SECTION 3.50-B AND REDUCE ROADFRONT SETBACK FROM 40’ TO 30’ FOR A REPLACEMENT GARAGE.
Rob Messenger presented the case. Mr. Messenger said the garage is in need of repair and they would like to replace it in whole. It is exactly 30 feet from the center line. The front of the garage will remain where it is and they would like to expand the garage toward the house. The front setback is the only one in question.
Mr. Kish said the board looks at similar situations within the neighborhood. Mr. Landry said there are several which are as close or closer and Mr. Messenger is asking for what is allowed by special exception. Mr. Messenger said he cannot move the garage any further back from the road because of the grade.
Mr. Kish asked about lot coverage. Mr. Landry said that is not an issue; the property is in the village district, which allows 80% lot coverage, and it is well under.
Mr. Larrow asked if the side dormer is part of the garage. Mr. Messenger said that it is and the garage will match the house in appearance. Mr. Kish commented that the real issue is the distance to the road.
Motion by Mr. Sanders, seconded by Mr. Lyons, to approve a special exception as per Article III Section 3.50-B and reduce roadfront setback from 40’ to 30’ for a replacement garage. The motion passed unanimously.
The meeting was adjourned at 8:34.
Respectfully submitted,
Katie Richardson
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Alex Kish, Chairman Charles Balyeat, Vice-Chairman
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Bill Larrow Jim Lyons
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George Sanders
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