ZONING BOARD OF ADJUSTMENT
TOWN OF SUNAPEE
OCTOBER 27, 2009
Present: Peter Urbach, Chairman; James Lyons; Charles Balyeat, Alternate; Bennie Cooper, Alternate; Edward Frothingham, Alternate.
Absent: Harry Gazelle; Robert Stanley; Alex Kish.
Also present: Brendan O’Grady; Ron Oxland; Pat Oxland; Sue Johnson; Beck Johnson; Jonathan Reed; Belinda Whitmore; Brenda Belanger; Jeff Davis; Rem Mastin; Marty Perkins; Ron Ostrom.
Chairman Urbach called the meeting to order at 7:02.
Changes to the minutes of October 8, 2009: Line 126, change “ordered” to “requested”. Motion made by Mr. Cooper, seconded by Mr. Frothingham, to approve the minutes as amended. The motion passed unanimously.
Administrative matters: Mr. Landry stated that a draft on workforce housing will be presented at the next planning board meeting on November 5. The planning board met on October 15 and approved a merger of three small lots on Winn Hill Road, John and Nancy Cross. A statement of property usage for a sewing business was approved for J&F Realty, Soo-Nipi Plaza. Approval of sewing classes was denied due to lack of parking; Mr. Landry said he invited J&F Realty to upgrade their site plan.
Chairman Urbach appointed Mr. Balyeat, Mr. Cooper and Mr. Frothingham to vote for absent board members.
CASE 09-16 MAP 118 LOT 58 Seeking relief in the form of a special exception to raise the roof line and add a second floor as provided for in Article III Section 3.50-I at 56 Burma Road, Brendan O’Grady.
All abutter cards were returned. Mr. O’Grady presented the survey to the board. He stated he purchased the three bedroom house two months ago. He said the back corner of the building is structurally unsound, which he knew when he purchased the property. He is looking to tear out that section of the basement. He would like to square off the building, as the front is more narrow than the back, and eliminate the staircase, which is dangerous. Mr. O’Grady would like to put a portico on the side of the house and add a second floor. Mr. Landry said that Mr. O’Grady is looking for relief solely for the purpose of raising the roof line and adding a second floor, as all other modifications are permissible with a building permit. There is
currently a second story with two bedrooms, however the eaves cut into that floor; there will be two bedrooms when the second floor is replaced.
Mr. Lyons said it was his understanding that a variance was required for any construction within 50 feet of the shoreline. Chairman Urbach read the ordinance showing how it applies to this case, pointing out that Mr. O’Grady is seeking a special exception under I not K. The house is a preexisting, non-conforming structure and the change is vertical, not a change in footprint.
Motion made by Mr. Cooper, seconded by Mr. Balyeat to grant relief in the form of a special exception to raise the roof line and add a second floor as provided for in Article III Section 3.50-I at 56 Burma Road, Brendan O’Grady, as per submitted drawings. The motion passed 4-1, with Mr. Lyons opposed.
CASE 09-17 MAP 218 LOT 67 Seeking a special exception as provided for under Article IV Section 4:10 to allow boat storage at 84 Sargent Road, Brenda Balenger.
All cards were returned by abutters. Boat storage is not permitted by right at this location, but by special exception. Ms. Balenger is the co-founder and treasurer of the Lake Sunapee Rowing Club. Ms. Balenger would like to store eight rowing shells on a boat rack behind her house during the winter when they are not in use. She would not have traffic coming to the house except to have the boats moved from the house in the spring and back in the fall. She would like to store four 60 foot long shells and four smaller shells. The rack will have a roof. Mr. Landry stated that it would then become a structure.
Mr. Landry asked if she was being paid to store boats. Ms. Balenger said it was a volunteer position and she would not be compensated for the storage. Mr. Landry asked where the shells would be in the summer. Ms. Balenger said that once they are in the water they would stay there for the summer, as it is very involved to move them. She reiterated that it was solely a winter storage space. Ms. Balenger stated any other boats that the rowing club acquired would be stored elsewhere. The Lake Sunapee Rowing Club is a non-profit corporation.
Mr. Rem Mastin, Sargent Road, asked who owned the boats. Ms. Balenger responded that the club owns them. Mr. Mastin inquired where exactly the boats would be stored on the property. Ms. Balenger said the rack would be on the left side of the house, beyond the septic system. Mr. Mastin commented that that was close to his property. Mr. Landry said that Ms. Balenger has to meet the setback of fifteen feet. Mr. Balyeat inquired if the rack was removable; Ms. Balenger stated that it is.
Mr. Jonathan Reed, Sargent Road, asked if there was a limited number or type of boat that may be stored if the special exception were granted. Chairman Urbach stated that the board could add a condition to the special exception to quantify the number to be stored.
Marty Perkins, Sargent Road, asked if the type of craft could be qualified. Chairman Urbach replied in the affirmative.
Ron Ostrom, Avery Road, asked if the rack was going to be built parallel to the side or back property line. Ms. Balenger answered that it would be parallel to the side.
Mr. Reed said he is fine with residents storing their own things, however, he is concerned with the property of others being stored. Mr. Mastin said that he feels that storing other people’s property steps beyond the intent of the rule.
Mr. Frothingham asked if the special exception goes with the property. Chairman Urbach stated that it does go with the land, as do the conditions.
Mr. Reed inquired about covenants he received when he purchased his property. Mr. Urbach stated that covenants are not applicable, as they are a private matter not a zoning issue.
Mr. Mastin asked if the rack would remain on a year round basis, even when the boats are gone. Ms. Balanger said it would remain on the property. Mr. Mastin asked if there would be traffic coming and going in the summer. Ms. Balanger said she cannot promise that the boats would not come and go but would not anticipate much additional traffic.
Mr. Mastin asked what she anticipated the traffic pattern would be. Ms. Balanger said that moving boats is done at a reasonable time of day, usually on the weekend.
Chairman Urbach wondered if he could word the condition so that Ms. Balanger would be precluded from moving boats in and out every day.
Ms. Balanger inquired if that meant she could not store unused boats on her property through the summer. Chairman Urbach said it seems that Ms. Balanger is not looking for summer storage at this time and suggested limiting the storage to the winter.
Motion made by Mr. Urbach, seconded by Mr. Frothingham, to grant relief in the form of a special exception as provided for under Article IV Section 4:10 to allow boat storage at 84 Sargent Road subject to the following conditions: boat storage will be limited to four sixty foot shells plus four smaller shells, storage shall be restricted to winter storage, beginning October 15 to June 15 of each year, as set forth in the papers submitted. The motion passed unanimously.
CASE 09-18 MAP 232 LOT 10 Seeking relief in the form of a use variance of Article IV Section 4:10 to allow a seasonal ice cream stand to operate at 209 Route 103, Jolyon Johnson.
Mr. Lyons is recusing himself from the case. All abutter cards were returned. Mr. Urbach informed the applicant they have the option to continue to hear the case., with a majority of three being required. Ms. Johnson said she will move forward with the case. Beck Johnson presented case. There is a pre-existing 17x26 building which they would like to use as a seasonal ice cream shop. DOT looked at property and granted a permit. The operation would be a scoop shop with a service window and picnic tables. Mr. Landry said the shop would be considered a drive through, which is why it requires a use variance.
Chairman Urbach inquired about the agricultural use, which was referenced on the application. Ms. Johnson said that for the first year or two the ice cream will be purchased from outside sources, however, down the road milk from the dairy will be used to make homemade ice cream.
Chairman Urbach said a variance is granted with some reluctance. Mr. Frothingham felt the applicants were leaning toward a hardship issue. Ms. Johnson said they are attempting to find ways to maintain the milking herd that is there. They are trying to find ways to utilize the milk, as it is expensive to ship it out. Ms. Johnson said this would be a way to maintain the dairy business for future generations.
Mr. Landry said it is a good fit for the neighborhood.
Motion made by Mr. Balyeat, seconded by Mr. Cooper to grant relief in the form of a variance of Article IV Section 4.10 to allow a seasonal ice cream stand to operate at 209 Route 103, Jolyon Johnson. The motion passed unanimously.
CASE 09-20 MAP 105 LOT 14 Seeking relief in the form of a special exception as provided for under Article III Section 3.50-I and raise the roof line to allow construction of a second floor at 129 Keyes Road, Michael Hogan & Belinda Whitmore.
Jeff Davis, who built the house, presented the case. He said it is a two story house; the owners would like to raise the roof five feet to accommodate an addition. They will not be adding any bedrooms; the footprint will be bumped out slightly toward the road for the kitchen extension. The second floor is not a full second floor. The lakeside wall will remain where it is; the pitch of the roof will change to obtain full use of the second floor.
Mr. Lyons takes issue with construction within fifty feet of the shoreline; he feels it should be a variance request not a special exception. Chairman Urbach stated this case falls under 3.50-I.
Motion made by Mr. Frothingham, seconded by Mr. Cooper to grant relief in the form of a special exception as provided for under Article III Section 3.50-I to raise the roof line at 129 Keyes Road, Michael Hogan & Belinda Whitmore. The motion passed 3-1, with Mr. Lyons opposed.
CASE 09-19 MAP 105 LOT 14 Seeking relief in the form of a variance to reduce lakefront setback from 50’ to 24’ for an addition to an existing deck at 129 Keyes Road, Michael Hogan & Belinda Whitmore.
Mr. Davis said there would be a minimum of impact to the environment or other properties. The new deck will come out a foot more and the stairs will be situated further away from the lake.
Ms. Whitmore has obtained a shoreline protection permit with the approval date of 9/21/09.
Mr. Lyons takes issue with construction within fifty feet of the shoreline. Chairman Urbach pointed out that on this case the request is for a variance.
Mr. Frothingham said that what is requested is reasonable as this is the only access. Ms. Whitmore stated that the house is close to the water and if the deck is built fifty feet away it will be on the garage. She said she feels that they have done everything they can to protect the property.
Motion made by Mr. Cooper, seconded by Mr. Frothingham to grant relief in the form of a variance to reduce lakefront setback from 50’ to 24’ for an addition to an existing deck at 129 Keyes Road, Michael Hogan & Belinda Whitmore, as per submitted plans. The motion passed 3-0; Mr. Lyons abstained.
Mr. Landry informed the board the starting January 1, 2010, the area and use variance hardship requirements will be consolidated into one, per the NH State Legislature.
The meeting was adjourned at 8:30.
Respectfully submitted,
Katie Richardson
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Peter Urbach James Lyons
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Bennie Cooper Edward Frothingham
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Charles Balyeat
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