TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
SEPTEMBER 9, 2010
PRESENT: Alex Kish, Chairman; Charles Balyeat, Vice-Chairman; Bill Larrow; Jim Lyons; Roger Landry, Zoning Administrator.
ALSO PRESENT: John Gioldassis; Iris Carr; Linda Whipple; Donna Davis; Aaron Simpson; Dave Montambeault.
ABSENT: Ed Frothingham.
Chairman Kish called the meeting to order at 7:04 p.m.
Changes to the minutes of Aug. 12: Motion by Mr. Larrow, seconded by Mr. Lyons, to approve the minutes as presented. The motion passed unanimously.
Administrative matters: Chairman Kish stated that a letter was received from Guy Alexander on May 13 (10-06, 10-07). Mr. Alexander is asking a twelve month extension; he has made no changes in what he plans to do. Motion by Mr. Lyons, seconded by Mr. Balyeat, to grant a one-year extension on variances granted to Guy Alexander for case 10-06 and 10-07 on May 13, 2010. The motion passed unanimously.
Chairman Kish informed the board that case 10-15 and 10-16 have been withdrawn.
Mr. Landry stated the planning board did not meet the first week of the month, therefore there is no planning board report.
Chairman Kish stated that all applicants this evening have the option of continuing their cases this evening as there are only four board members available. In the event the applicants choose to go forward with their hearing this evening, a majority vote of three is required for approval. All applicants indicated they would like their cases heard tonight.
CASE 10-13, MAP 215 LOT 34, LINDA WHIPPLE, 39 SUNNY LANE, SEEKING A SPECIAL EXCEPTION AS PROVIDED FOR IN ARTICLE IV SECTION 4.10 TO OPEN A PROFESSIONAL OFFICE (REAL ESTATE SALES).
Ms. Whipple stated that she would like to open a real estate office in her home. She will be the only agent initially, with possibly one additional agent in the future. There is no issue with parking. It is a dead end street and none of her neighbors have expressed objection.
Mr. Landry stated that no letters were received in regards to the application. He stated that professional offices are allowed in the rural residential zone.
Chairman Kish asked if Ms. Whipple is a registered broker; she is. Iris Carr, abutter, asked if Ms. Whipple proposed to put out a sign. She does, at the bottom of the driveway. Chairman Kish closed the public portion of the hearing.
All board members agreed they had no issue with the proposal.
Motion by Mr. Larrow, seconded by Mr. Balyeat, to grant a special exception to Linda Whipple, 39 Sunny Lane, as provided for in Article IV Section 4.10 to open a professional office (real estate sales). The motion passed unanimously.
CASE 10-14, MAP 225, LOT 38, JOHN GIOLDASSIS, 30 ROUTE 103, SEEKING A SPECIAL EXCEPTION AS PROVIDED FOR IN ARTICLE IV SECTION 4.10 TO OPEN A BOAT, SNOWMOBILE AND ENGINE REPAIR SHOP.
Mr. Gioldassis stated that the property is a commercial building. The owner of Jim’s Marine would like to rent the property for his business.
Mr. Landry stated that the property was previously a doctor’s office and a small engine repair shop. It is in a mixed use district and the proposal is a permitted use by special exception. Mr. Lyons commented that it appeared the business is already open. Mr. Landry stated that there was a cease and desist sent out last week to make sure the business is not currently operating.
The owner of Jim’s Marine stated that he is setting up to open the business but is not currently operating. It will be primarily a service operation for boats, snowmobiles, trailers, etc., as well as generator sales and storage for boats, trailers, ATVs and snowmobiles. He may sell used boats and snowmobiles. There are no plans to do automotive sales or service. He currently has three employees, two of which are his wife and himself. He plans to be open 6 days a week.
The facility is a two-story brick building. The upper floor (at road level) will be used for offices and retail sales of parts and accessories. The bottom floor is a service bay, accessed from Depot Street, where service and repairs will be offered year-round. There will be almost nothing in the parking lot in the winter due to snow removal. He plans to do winterization and storage of boats and anticipates there will be a lot of boats going in and out. There are two off-site lots for storage; no boats will be stored on the property. For bottom washing of boats, a non-corrosive, plant friendly cleaner is used. There is a dumpster on site. Oil, gas, engine fluids go in 55 gallon drums and about 200 gallons a year are generated. The oil is picked up
and used as waste oil fuel.
Chairman Kish asked if there were any state regulations for disposal of oil, gas, etc. If not being burned, the materials have to be handled by someone who is licensed to do so. Mr. Larrow asked if DES has been consulted. DES inspected the former location and deemed the business was a small quantity generator and did not require a permit. Mr. Larrow asked if DES issued Jim’s Marine a number. There was a number for the old location. Mr. Landry said a number is issued when DES completes an investigation. Mr. Larrow said small users usually register with the state and it may protect the applicant to do so. Mr. Landry said it may behoove the applicant if he obtains documentation from DES for the purpose of the planning board hearing.
Chairman Kish asked where the water from boats washing goes. Run-off goes into the field. There is a buffer zone between driveway and Depot Street. Mr. Landry thought the planning board may require a swale. The applicant stated there is a drainage berm in place. Chairman Kish commented that, in general, runoff requires some kind of engineered solution.
No abutters were present. Chairman Kish closed the public portion of the meeting.
Mr. Larrow stated he would like to clarify what was being approved, which is a boat, snowmobile and engine repair shop, not retail sale of boats, snowmobiles, etc.
Chairman Kish said the five criteria are the key issue: selected site; adequate and safe highway access; off street parking; adequate methods of sewage disposal; the proposal will not be detrimental or injurious to the neighborhood. Mr. Larrow thought entering Route 103 from Depot Street was a high traffic area for hauling boats. Mr. Landry thought it may be worth the applicant checking with the state to see if they have an issue. Mr. Balyeat commented there is a similar boat operation across the street. Chairman Kish stated all five criteria have been addressed to his satisfaction and was favorable to granting the exception.
Motion by Mr. Lyons, seconded by Mr. Balyeat, to grant a special exception to John Gioldassis, 30 Route 103, as provided for in Article IV Section 4.10 to open a boat, snowmobile and engine repair shop. The motion passed 3-1.
CASE 10-15, MAP 119, LOT 8, MARY MANGIONE, LINDSAY WALKINSHAW, CAREY ROAD/ROUTE 11, SEEKING A SPECIAL EXCEPTION AS PROVIDED FOR IN ARTICLE IV SECTION 4.10 TO OPEN A STORAGE/BOAT STORAGE FACILITY.
The case has been withdrawn.
CASE 10-16, MAP 119, LOT 8, MARY MANGIONE, LINDSAY WALKINSHAW, CAREY ROAD/ ROUTE 11, SEEKING A SPECIAL EXCEPTION AS PROVIDED FOR IN ARTICLE IV SECTION 4.10 TO OPEN A PROFESSIONAL OFFICE (GENERAL CONTRACTOR).
The case has been withdrawn.
CASE 10-17, MAP 218, LOT 62, DAVID AND SHARON MONTAMBEAULT, 112 SARGENT ROAD, SEEKING A VARIANCE OF ARTICLE III SECTION 3.10 TO REDUCE SIDE SETBACK DIMENSION FROM 15’ TO 4’ TO MAINTAIN STRUCTURE LOCATION.
Mr. Landry reviewed the case. The proposed solution is to reduce the private road to 20 feet for a distance of 200 feet. In order for the house to still be on the Montambeault’s property, a variance is needed for the side setback.
Mr. Simpson, counsel for Mr. and Mrs. Montambeault, stated that the house is 4.3 feet from the center of the private road. Mr. Simpson said they take exception with the location of the property line, as typically in a development the property owner owns to the center of the road. Mr. Larrow asked who owned the road. It is not clear who owns the road. Mr. Larrow asked if it is subject to the same laws as a normal road. Chairman Kish said as far as dimensional controls, yes. Mr. Landry stated that the planning board is willing to accept a reduction of the road to 20 feet across for a 200 foot length of road. Mr. Larrow asked if the town would consider selling a portion of its lot to Mr. and Mrs. Montambeault; Mr. Simpson stated that they first approached the
selectboard and that was not an option. Mr. Larrow said the option proposed seems to be a good one.
Mr. Larrow asked if there would be any issues with drainage. Mr. Simpson stated that the town has asked for a right of way to maintain ditches.
Mr. Simpson pointed out that there are problems with the original subdivision; there is a discrepancy between the drawings and actuality. The property was subdivided three times and there are pins all over the place.
Chairman Kish asked if the town agrees that the survey presented completed by Cliff is the one of record; it does.
Motion by Mr. Balyeat, seconded by Mr. Lyons, to grant a variance of Article III Section 3.10 to reduce side setback from 15’ to 4.3’ to maintain structure location to David and Sharon Montambeault, 112 Sargent Road as per survey completed by Cliff Richter completed on October 17, 2010. The motion passed unanimously.
The meeting was adjourned at 8:20.
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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