Town of Sunapee
Zoning Board of Adjustment Meeting
April 9, 2009
Town Hall
7:00 P.M.
Members: Peter Urbach, Chairman
Alex Kish, Vice-Chairman
Harry Gazelle
Bennie Cooper, Alternate
Charles Balyeat, Alternate
Edward Frothingham, Alternate
Roger Landry, Zoning Administrator
Absent: Robert Henry
James Lyons
Administrative Session:
1. Roll Call - 7:00 PM - The meeting was called to order by Chairman Peter Urbach. Roll Call was taken.
2. There were no disqualifications/designation of alternates.
3. The minutes of January 15, 2009 were read by Peter Urbach and the following corrections were proposed:
Line 92 - change ‘get’ to read ‘set’
Line 93 - change ‘eliminate’ to read ‘avoid’
Line 115 - change ‘adequate material’ to read ‘information’
Chairman Peter Urbach asked for a motion. Harry Gazelle moved to approve the minutes as corrected. Bennie Cooper seconded the motion. The Board voted unanimously in favor of the changes.
4. Communications - the Planning Board has approved a 5 lot subdivision adjacent to Trowell Hill Road. No other subdivision approvals were granted. Roger said that he was working on hearings and by-laws and any changes on amendments for wind generation systems and that he and Michael had been proof-reading the Planning Board report that had been distributed to the Zoning Board members tonight. Roger stated that the planning board has had four lot mergers, one being on Garnett St. which consolidated three small lots into one. Roger stated that building permits had increased, but that no new houses were being built.
5. Planning Board Report - distributed to the Zoning Board members to read for preparation to discuss at the next meeting.
PUBLIC HEARINGS
There were no hearings scheduled.
ADDITIONAL BUSINESS:
1. Election of Officers - Chairman Peter Urbach asked for a vote on the following:
A. Chairman - Peter Urbach - unanimous
B. Vice-Chairman - Alex Kish - unanimous
2. Review new Zoning Regulation Amendments - distributed to the Board members for discussion at the May 14th.
3. Review current rules of procedures & possible amendments - distributed to the Board members for discussion at the May 14th meeting.
4. Follow-up on Case #09-01, Erich Horsley, Map 148, Lot 11 - Chairman Peter Urbach stated that this would be a continuation of the case presented on January 15th. He said at that time there was some question as to where the septic tank and where the hot tub could best be moved given the location of the septic tank. At the January 15th hearing, Mr. Horsley did not have any information on the location of the septic tank to present to the Board. At this follow-up meeting, Mr. Horsley submitted a site map with a drawing of the septic system and the tank location on the property which was passed around for the Board members to look at. Since the January 15th meeting, Roger Landry had done some additional work on the project and stated that he had measured in 4 to
5 feet from the hot tub to the septic tank and placed stakes between the hot tub and the septic tank, marking the distance. He felt that this would be a good distance to maintain in the event that down the road, if the ground needed to be dug up for any repairs or the removal of the hot tub, there would be ample room. He also stated that he had measured 12 feet for the length and installation of the hot tub and this would keep the hot tub 43 feet from the lake. With a variance of 7 feet and the 43 foot distance to measure the 50 foot setback, he thought that would be sufficient.
Peter Urbach asked if there had been an application submitted that requested a variance for the 43 foot setback instead of the 50 foot setback and Roger replied that there had been. Peter also asked if Mr. Horsley was prepared to amend his application from the 40 foot variance that he originally submitted and Mr. Horsley responded that he was, he had allowed for a few extra feet, plus or minus, and that he could now avoid having to remove the birch tree by placing the hot tub in front of it.
Peter Urbach asked if any of the Board members had any questions for Mr. Horsley and Ed Frothingham asked if a remodeled house nearby had gotten a variance for its extension which was much closer to the high water mark than Mr. Horsley’s hot tub would be. Roger Landry responded that the owner had gotten a variance.
Peter Urbach asked for a motion. Ben Cooper moved that a variance of Article III Section 3.40-C be approved allowing the setback from the high water mark of 43 feet instead of 50 feet. Harry Gazelle seconded the motion. The motion was approved unanimously.
Peter Urbach then went back to Items 4 & 5, which Roger Landry reported to the Board. See Items 4 & 5 above.
Roger Landry suggested that the OEP conference would be good to attend if anyone on the Board could go and that the Town would pay for the mileage expenses. He also said that there would be another meeting of the Zoning Board next month on May 14th for an area variance.
With no further discussion, Harry Gazelle moved to adjourn the meeting. Ben Cooper seconded the motion.
The meeting adjourned at 7:40 p.m.
It should be noted that the above minutes represent a summary of, not verbatim, of the taped meeting.
Respectfully submitted by,
Camille Holmes
Recording Secretary Approved___________________
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Peter Urbach, Chairman Alex Kish, Vice-Chairman
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Robert Henry Harry Gazelle
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James Lyons Bennie Cooper, Alternate
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Ed Frothingham, Alternate Charles Balyeat, Alternate
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