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Zoning Board Minutes 2010/08/12
TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
AUGUST 12, 2010

PRESENT: Alex Kish, Chairman; Bill Larrow; Jim Lyons; Ed Frothingham, Alternate; Roger Landry, Zoning Administrator.
ABSENT: Charles Balyeat, Vice-Chairman.
ALSO PRESENT: Jeremy Bonin, Everett Pollard.
Chairman Kish called the meeting to order at 7:00.
Changes to the minutes of June 10:  Line 25, change “reallocation” to “relocation”.  Line 85, replace “taking” with “accepting”.  Line 85, change “diminution” to “reduction”.  Motion by Mr. Kish, seconded by Mr. Frothingham, to approve the minutes as amended.  The motion passed unanimously with one abstention.
Administrative matters: Chairman Kish stated that Mr. Sanders has resigned from the board due to the fact that he no longer lives in Sunapee.  Chairman Kish asked Mr. Frothingham if he would like to fill Mr. Sanders’ term until the next town meeting in March.  Mr. Frothingham was agreeable.  Motion by Mr. Larrow, seconded by Mr. Lyons, to accept Mr. Frothingham as a full member of the zoning board of adjustment until the next town meeting in March.  The motion passed unanimously.
Mr. Landry stated that the planning board approved lot line adjustments for Sandy Alexander and Virginia Feeney, approved site plan review for the Lynn Peirce Memorial Playground, and held a conceptual for Richard Webb on Avery Road at the July 1 meeting.  On August 5 the planning board approved site plan review for Sunapee Middle High School.  At that meeting it was determined that site plan review was necessary to change the use of 30 Route 103 from professional office space to retail boat store and boat storage.  There was also a conceptual held for Dave Montambeault on Sargent Road regarding a solution to remedy the problem of his house being in the middle of a right of way.
Mr. Landry presented a slight change in the plan of Eric Reiders of 90 Oak Ridge Road, who was granted variance for the construction of an addition.  Mr. Reiders would like to modify his plan for an exterior stairway.  Because the approval was granted based on the plan submitted, the board must amend the approval to accept the new plan.  
Motion by Mr. Frothingham, seconded by Mr.Larrow, to amend the approval of Case 10-10 granted on May 25 as per the plan submitted on August 11, 2010, which has no additional impact on the property.  The motion passed unanimously.
Chairman Kish stated that the applicants for tonight’s case have the option to wait for a full board before the case is heard.  If they choose to have the case heard tonight, three affirmative votes out of the four members present will be required.  Representatives for the applicant stated they would go ahead with a four member board.
CASE 10-12, MAP 121 LOT 51, ROBERT AND SARA D’ALELIO, SEEKING APPROVAL OF A SPECIAL EXCEPTION AS PROVIDED FOR UNDER ARTICLE III SECTION 3:50-I-3 TO RAISE THE ROOFLINE AND ADD SECOND FLOOR TO EXISTING STRUCTURE AT 28 FERNWOOD ROAD.
Jeremy Bonin of Bonin Architects presented the case.  The structure in question is a pump house, which is currently used as storage.  The proposal is to raise the building one story within the existing footprint; the footprint will be reduced slightly as it is evened out.  The structure will be 7.5 feet taller than it was previously and will include a bathroom.  The property is on town sewer and has a private well.  
Mr. Bonin reviewed the eight points listed under Article III Section 3:50-I which read: (1)such enlargement or replacement will not increase the horizontal dimensions of the structure unless such horizontal increase would ordinarily be permitted by the Ordinance; (2) the existing structure is a house (living area only), garage, or commercial building; (3) the existing structure is less than two (2) stories high; (4) the enlarged or replaced structure will be no more than one (1) additional story higher
than the pre-existing structure; (5) any roof changes are within the height requirements set forth in this Ordinance; (6) in the judgment of the ZBA no abutter will be adversely affected by the enlargement
(loss of view will not be considered an adverse impact); (7) all State and local permits are acquired to insure compliance with Article VII of the Ordinance; (8) such enlargement or replacement, in the judgment of the ZBA, is consistent with the intent of the Ordinance.

Mr. Frothingham asked about the grade line; Mr. Bonin stated that the grade would remain the same.  The existing walls of the structure will have a stone veneer.  Mr. Landry asked about state permits; Everett Pollard said state permits have been applied for.  Mr. Pollard added that he had spoken to two abutters (Larry and Lynn Johnson and Jim and Kathy Nichol) who had no objection to the renovation and read a letter into the record from the third abutter, Robert Skelley, who also had no problem with the project.

Mr. Kish asked for the context of the renovation within the whole project.  Mr. Bonin stated that the owners will be replacing their existing home with a two-story residence.  That project will not require a special exception or variance as it will meet all setbacks, lot coverage, etc.  Mr. Kish commented that a letter from CLD Consulting Engineers said the pump house will be used as a guest house.  Mr. Pollard stated that that statement is inaccurate and the structure will not be used as a guest house.  Mr. Kish stated that his reason for bringing it up is that the board wanted to clarify if it would be a dwelling unit.  According to the zoning ordinance, the presence of a bedroom, cooking facilities and bathroom facilities (all three in one structure) make it a dwelling unit.  Mr. Pollard said there will be no cooking facilities and he is fine with the restriction of such being a condition of the approval.
Motion by Mr. Larrow, seconded by Mr. Lyons, to approve a special exception for case 10-10, Map 121, Lot 51, as provided for under Article III Section 3:50-I-3 to raise the roofline and add second floor to existing structure at 28 Fernwood South, subject to the following conditions: that the structure does not meet the conditions of a dwelling unit, is subject to state approval, as per the submitted plan.  The motion passed unanimously.
The meeting was adjourned at 7:40.
Respectfully submitted,
Katie Richardson



____________________________________________   ________________________________________
Alex Kish, Chairman                                     Bill Larrow



____________________________________________    _______________________________________
Jim Lyons                                               Ed Frothingham