TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT MEETING
July 9, 2009
7:00 PM
Present: Peter Urbach, Chairman; James Lyons; Harry Gazelle; Robert Henry; Charles Balyeat, Alternate; Edward Frothingham, Alternate; Roger Landry, Zoning Administrator;
Also present: Mary O’Mara; Frank Krajcik; Deborah Dubreuil; David Cahill
Absent: Alex Kish, Vice Chairman; Benny Cooper, Alternate
The meeting was called to order at 7:00 by Chairman Urbach.
The board amended the minutes from May 14. On line 161, after the word “town”, insert the words “created the”. On line 173, after the word “move”, insert “garage closer to”. On line 173, delete the words “closer to the”. On line 174, delete the words “house and”. On line 174, insert a period after the word “requirements”. On line 175, delete the words, “to their property and the Fitz also consented”. On line 249, the word “improved” should be “impervious”. On line 298, after “Peter”, insert “Blakeman”.
Robert Henry made a motion to accept the minutes as amended, seconded by Charles Balyeat. The motion passed unanimously.
The board amended the minutes from June 23. On line 19, the word “been” should be removed.
Harry Gazelle made a motion to accept the minutes as amended, seconded by Robert Henry. The motion passed unanimously.
Roger updated the board on administrative matters. The planning board has not met since the last zoning board meeting. At their next meeting they will be reviewing the Mark Reed case, which was approved by the zoning board, and a statement of property usage from Phil Johnson, who will be requesting permission to operate a U-Haul franchise from his place of business on Route 11. The planning board will also be reviewing a three lot subdivision on Nutting Road and a two lot subdivision on Main Street in Georges Mills.
Charles Balyeat, Alternate, will be serving as a voting member of the board.
7:15 – CASE #09-07 Seeking approval of a special exception as provided for under Article IV Section 4:10 to operate a day care business at 530 Edgemont Road.
Mary O’Mara, who rents the 530 Edgemont Road property from Frank Krajcik, presented her case before the board. O’Mara anticipates starting her child care business in the spring of next year. She has approval from the state to have six children full-time and three part-time. Roger informed the board that in order for a day care operated out of a home to be licensed by the state, the town zoning and planning boards must first approve it. Gazelle pointed out that the approval goes with the property, not with the individual renting the property.
Gazelle also inquired if the septic was adequate. Krajcik said he lived at that property for many years, along with his six children, and said he has never had a problem with it. Henry observed that it is not a state approved system, as it was installed in the 70s.
Urbach read Article 7.10, which states, “No structure shall be converted in any manner resulting in increased septic flow or water utilization without installation of a septic system approved by the New Hampshire Water Supply and Pollution Control Commission or approval from the Sunapee Water and Sewer Commission if on municipal sewer or water.”
Roger said the board requires data from a septic designer showing that the system is capable of handling a potential overload and confirmation that the system is able to be replaced if it fails. Krajcik has been in touch with the gentleman that services his septic, who would be willing to speak to the adequacy of septic system.
Henry said his concern was that there is a difference between saying there has never been a problem with the septic and saying that the septic as installed is adequate for the purpose. He questioned whether the individual who services the septic is qualified to speak to its adequacy. Urbach did not think the proposed use would increase the use significantly, given that Krajcik lived on the property for many years with a large family. He said the risk is minimal, as the septic has been functional for many years and Krajcik is responsible for installing a state approved system in the event of its failure.
Road access and off-street parking were discussed and deemed acceptable. All abutters have been notified by mail and none have objected.
A motion was made by Robert Henry to approve Case #09-07 seeking approval of a special exception as provided for under Article IV Section 4:10 to allow a day care business not to exceed nine children at 530 Edgemont Road. Seconded by Harry Gazelle. The motion passed unanimously.
7:37 – CASE #09-08 Seeking approval of a special exception as provided for in Article IV Section 4:10 to operate a day care business at 268 North Road.
Cahill spoke on behalf of Dubreuil, stating she is going through the licensing process with the state. He said her residence is a three bedroom home on a one acre lot and off-street parking is adequate. Dubreuil has met with and received written confirmation from a septic designer that her system, while installed in the 60s and not state approved, has not experienced increased use. The board received a copy of that letter from the septic designer. Dubreuil has been at the residence since 1976 and there have been no problems with the septic.
Dubreuil said that while she is considered a day care by the state, she actually runs it as a preschool. Roger asked if, looking to the future, she would increase the number of children she cares for. Dubreuil said she is approved for 12 children, though she does not normally have more than six at a time.
All abutters were notified by mail, none have objected.
A motion was made by Harry Gazelle to approve Case #09-08 seeking approval of a special exception as provided for in Article IV Section 4:10 to operate a day care business at 268 North Road. Seconded by James Lyons. The motion passed unanimously.
The meeting adjourned at 7:45.
Submitted by Katie Richardson, recording secretary Date approved____________________
_____________________________________ _______________________________________
Peter Urbach, Chairman Robert Henry
_____________________________________ _______________________________________
James Lyons Harry Gazelle
_____________________________________
Charles Balyeat, Alternate
| 
