TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT MEETING
JANUARY 15, 2009
TOWN HALL
7:00 PM
Present: Peter Urbach, Chairman
Alex Kish, Vice Chairman
James Lyons
Harry Gazelle
Benny Cooper, Alternate
Edward Frothingham, Alternate
Roger Landry, Zoning Administrator
Absent: Robert Henry
Charles Balyeat, Alternate
ADMINISTRATIVE SESSION:
- Roll Call - 7:00 PM - The meeting was called to order by Chairman, Peter Urbach. Roll call was taken.
- There were no disqualifications/designation of alternates.
3. The minutes of the October 9th meeting were read by Peter Urbach and the following corrections were proposed:
Line 30 - change it does, to it does have jurisdiction
Line 31 - delete text and add, Board will hear substantive arguments as to why it should hear the appeal.
Line 43 - change they need to, to the discussion should
Line 45 - change gave, to cited
Line 45 - change and, to suggesting that the
Line 51 - change permit and the, to permit which, unlike the present case,
Line 52 - delete, Selectmen’s decision
Line 52 - delete, its interpretation of
Line 52 - delete which deals
Line 53 - delete with junkyards.
Line 54 - delete is also authorized to
Line 54 - change delegate, to delegated
Line 55 - delete which they have done
Line 56 - change Therefore, the Zoning to, Therefore, in this case the Zoning
Line 62 - change an interpretation, to assistance
Line 64 - change increase in use, to the change in use
Line 64 - change and structure, to and contended that a driveway is a structure,
Line 64 - delete the last and
Line 68 - move the whole sentence beginning with Bob Henry to Line 66 before the sentence beginning with Mr. Adams
Chairman, Peter Urbach asked for a vote on the proposed changes. The Board voted unanimously in favor of the changes.
James Lyons inquired on the outcome of the Sonya case. Roger Landry presented a brief summary on the status saying that the case was heard in court on Wednesday, January 14th and that there is no ruling as of yet. Neither he nor Michael Marquise attended the case. Allan Davis attended on behalf of the Planning Board.
4. Communications - Roger reported on the cases that the Planning Board recently heard. The Bob Bell subdivision off Browns Hill was approved. Also, Nancy Kell’s request for a 2-lot subdivision was approved including an approval from the Board of Selectmen to change a portion of the Class 6 road to a Class 5 road at the end of the existing Class 5 road.
Peter announced that there are two seats opening up in the next election. The terms of both Harry Gazelle and Robert (Bob) Henry are expiring. Harry Gazelle has agreed to run again. Bob Henry is still undecided but will let Peter know soon. If Bob chooses not to run again, the Board has the option to select the senior alternate to be nominated. Currently that is Benny Cooper.
Roger announced that there are no new inquiries for application.
PUBLIC HEARING:
7:19 PM - CASE #09-01, Map 148, Lot 11, Erich Horsley and Pascale Wiedenroth, 126 Hamel Road. Applicant is seeking two requests: (1) relief in the form of a variance of Article III Section 3.40-C to reduce lakefront setback from 50’ to 40’ for the permanent installation of a hot tub, and (2) pending the outcome of the Board’s decision, wait until the spring to move the hot tub.
Notices were sent in advance and abutters were notified.
The applicant, Pascale Wiedenroth presented. She and her husband purchased the property in October 2008. Her husband, Erich Horsley, recently had back surgery and the hot tub aids in the healing and therapeutic process of recovery. She noted that there are also other homes in the area that have similar features on their properties. Not having owned property in Sunapee before, they were unaware of the restrictions in the zoning ordinances until they had received a letter from Roger.
Roger explained that he had received a call from Mrs. Merrill (neighbor) that a hot tub installation had been completed next door and was too close to the lot line. Upon visiting the property, Roger noted that the permanent hot tub installation did not meet the lot setback dimension of 25’ or the lakefront setback of 50’. A notice of violation was sent to the applicant. Mr. Horsley promptly reacted and requested a meeting with Roger to take corrective action.
To that end, he decided that he would relocate the hot tub to meet the 25’ setback and would ask the ZBA for relief from the 50’ lakefront get back case #09-01. The new location and relief was necessary to eliminate cutting Birch trees or placing the unit on the septic tank. If the septic tank did not interfere with moving the hot tub to 50’- Trees would have to be cut to accommodate this setback.
The applicant did not present an actual survey of the property, he did submit a hand drawn sketch showing the new location of the hot tub on the property. Peter asked the board to consider waiving the necessity of the survey in this case. The Board voted to accept the sketch as the referenced plan.
Alex Kish asked the applicant to specify why she did not feel they needed to cut down the trees. Both Peter and Roger responded by saying that the applicant would need permits from both the town and the state to cut the trees. The applicant responded to by saying that they would prefer not to cut the trees since they thought they had adequate room to place the hot tub with a variance.
At this point, Peter asked the board if a professional drawing of the property outlining the exact location of the septic system would assist in ruling on the request. Roger offered to look through the file in the office to see if the original septic installation drawing is on file from the previous owner.
Peter temporarily closed the hearing while Roger looked through the files.
Peter reopened the hearing upon Roger’s announcement that the file did not have a drawing of the septic system.
Both Alex and Harry then expressed concern that they do not have enough adequate material before them to make a decision at this time. The Board felt that the applicant must come up with proof, preferably a septic drawing showing the exact location of the tank to determine if the hot tub could be moved to 50’ or not.
Jim Lyons made the motion to continue the case until adequate dimensions on the property are provided on or before April 9th and that the Board approves the use of the hot tub in its the current location in the meantime. Alex Kish seconded the motion. With no further discussion on the motion, it was approved unanimously.
The meeting adjourned at 8:04 PM.
NOTE: The above minutes represent a summary of, not a verbatim of the tape.
Submitted by, Maureen Brandon Approved_____________________
Recording Secretary
______________________________ _____________________________
Peter Urbach, Chairman Alex Kish, Vice Chairman
______________________________ _____________________________
Robert Henry Harry Gazelle
______________________________ _____________________________
James Lyons Bennie Cooper, Alternate
______________________________
Ed Frothingham, Alternate
| 
