TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
OCTOBER 14, 2010
PRESENT: Alex Kish, Chairman; Ed Frothingham; Bill Larrow; Roger Landry, Zoning Administrator.
ABSENT: Charles Balyeat, Vice-Chairman; Jim Lyons.
ALSO PRESENT: Rollo and Heather McWilliams; Harry Snow; Joseph Correia; Peter Blakeman.
Chairman Kish called the meeting to order at 7:02 p.m.
Changes to the minutes of September 9: Voting of the minutes was deferred until there are a sufficient number of voting members.
Administrative matters: Mr. Landry passed out copies of a letter from abutter Judy Pagliuga regarding case 10-19 for board members to review (see attached).
Chairman Kish stated that since there are only three members present, the applicants have the option of waiting until Nov. 11 to have their case heard. If the applicants choose to move forward with their case, three votes are needed for approval.
Mr. Landry reported that a minor subdivision, John and Nancy Cross, Lower Winn Road, was approved at the last planning board meeting, as was site plan for operation of a daycare facility for Ed Bailey on Lower Main Street, operation of a real estate office for Linda Whipple on Sunny Lane and statement of property usage for an extension of hours for Mary O’Mara on Route 103B. The planning board also held a consultation for Mount Royal Academy for the construction of a new gymnasium and upper school. The planning board will be meeting twice a month for the purpose of discussing any changes to the zoning amendments.
CASE 10-18, MAP 225 LOT 55, ROLLO AND HEATHER MCWILLIAMS, 5 POST OFFICE ROAD, SEEKING A VARIANCE OF ARTICLE III SECTION 3.10 TO REDUCE STATE ROAD FRONT SETBACK FROM 75’ TO 50’ TO ALLOW CONSTRUCTION OF AN ADDITION TO AN EXISTING HOME.
The applicants opted to go forward with their case with a three member board. Ms. McWilliams stated that they would like to construct a 350 square foot addition consisting of two bedrooms and a half bath. They would have a total of three bedrooms once the addition was complete. The property is on town sewer and is in the mixed use district. The addition will be parallel to the road.
Mr. Larrow asked what they considered the center of the road when measuring the distance. Mr. McWilliams said he measured from the yellow line. Mr. Larrow pointed out that they would be closer than 50 feet to the center of the road if the addition were built and raised the question of what would be considered the center of the road on the section that goes toward Newport, as there is no yellow line there. Mr. Larrow does not feel the concrete abutment on that portion of road should be considered the center. The applicants need to measure from the center of the right of way on that part of the road to the closest part of the addition.
Chairman Kish felt the application should show more accurately what is being requested. Mr. Landry suggested DOT might have a drawing that would give the dimensions of the road and help clarify the measurement. He suggested the case be extended to Nov. 11 so the applicants have an opportunity to collect more accurate information.
Motion by Mr. Larrow, seconded by Mr. Frothingham, to extend case 10-18 to the Nov. 11 meeting for the presentation of more detail. The motion passed unanimously.
CASE 10-19, MAP 128 LOT 36, JOSEPH CORREIA QUALIFIED TRUST, 66 GARNET STREET, SEEKING APPROVAL OF A SPECIAL EXCEPTION AS PER ARTICLE III SECTION 3.50-I TO CHANGE THE ROOFLINE HEIGHT AND ADD A SECOND FLOOR LIVING SPACE ABOVE A NONCONFORMING BUILDING.
Harry Snow, builder, and Peter Blakeman, engineer, gave an overview of the plan. The site was surveyed to detail all existing conditions. The intent is to take the existing cottage, put a foundation under it and reconstruct it with one additional story. The footprint and eave lines will stay the same. There will be no site work and utilities are already in place.
Chairman Kish asked if the board had any comments regarding the abutter letter which was handed out; no one did. He added that there is concern on Ms. Pagliuga’s part that the unfinished basement will be finished, resulting in three finished floors. Mr. Correia said the basement will remain unfinished and the living space will be on the first and second floors only. The abutter was also concerned that the applicant could not prove hardship. Chairman Kish stated that the hardship requirement only pertains to a variance, not a special exception.
Mr. Snow said the structure will be replaced in kind. Mr. Larrow asked if they have the necessary state permits. Mr. Snow said there are none needed since they are staying within the existing footprint.
Chairman Kish said he would be inclined to put a condition on the approval that the basement remain unfinished. If the applicants would like to finish it in the future, they would need to apply for a variance.
Mr. Landry pointed out that there is a kitchenette in the cottage already, so it is a pre-existing dwelling.
Mr. Correia commented that he was surprised about Ms. Pagluiga’s letter, as he had spoken to her a few weeks ago and she was fine with his plan. Mr. Correia received a copy of Ms. Pagluiga’s letter.
Motion by Mr. Frothingham, seconded by Mr. Larrow, to approve a variance for case 10-19, Map 128 Lot 36, as per Article III Section 3.50-I to change the roofline height and add a second floor living space above a nonconforming building at 66 Garnet Street on the condition that the basement remain unfinished. The motion passed unanimously.
The meeting was adjourned at 7:41.
Respectfully submitted,
Katie Richardson
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Alex Kish, Chairman Ed Frothingham
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Bill Larrow
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