TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
NOVEMBER 12, 2009
PRESENT: Peter Urbach, Chairman; Alex Kish, Vice Chairman; James Lyons; Charles Balyeat, alternate; Ed Frothingham, alternate.
ALSO PRESENT: John & Nancy Cross; Felicia Bessey.
ABSENT: Roger Landry, Zoning Administrator; Harry Gazelle; Robert Henry; Bennie Cooper, alternate.
Chairman Urbach called the meeting to order at 7:01.
Changes to the minutes of October 27: On the list of those absent, change Robert Stanley to Robert Henry. On line 34, change “I” to “3.50-I”. Motion made by Mr. Kish, seconded by Mr. Lyons to accept the minutes as corrected. The motion passed unanimously.
Proposed zoning ordinance changes: Chairman Urbach summarized the zoning ordinance changes suggested by Mr. Landry for the 2010 ballot. They are: 1) Change mixed use to include 200’ feet deep on all Avery Road lots into mixed use district. 2) Article III Section 3.10 - Identify all road front setbacks are measured from center of right of way (recommended by town counsel). 3) Article III Section 3.40 - Change 100,000 square feet to 50,000 square feet, reference Article IV Comprehensive Shoreland Protection Act. 4) Article IV Section 4.33-8-VII - Change may not be raised to (may not be altered more than 12” from existing grade level without planning board approval. 5) Article IV Section 4.30-9
- Permits or waivers as required under RSA 483-B1. Any local approvals for projects within the shoreline overlay district (and within 250’ of fourth order streams) shall be contingent upon receipt of all state approvals. 6) Article 6.12 - Restoration and Reconstruction. A non-conforming structure existing at the time of the passage of this ordinance may be replaced on the same or a smaller footprint by a new structure having the same purpose and use provided that the non-conformity to this ordinance is not increased thereby. 7) Article 6.13 - The replacement of a non-conforming structure with a larger structure or one which increases the non-conformity to this ordinance (recommended by town counsel). Mr. Landry would also like to expand the definition of a contractors yard to “the area used for storage of materials and equipment by builders, electricians, excavating contractors, etc.” and the definition of lot
coverage to “shall include the footprint of all structures including decks, patios, pathways, driveways, etc. using the State of New Hampshire definitions of pervious and impervious surfaces”. Mr. Landry and Mr. Marquise will further confer on these suggestions.
Chairman Urbach appointed Mr. Balyeat to vote for Mr. Gazelle and Mr. Frothingham to vote for Mr. Henry.
CASE 09-21 MAP 132 LOT 42, 43 & 44 JOHN & NANCY CROSS, 11 LOWER WINN HILL ROAD. SEEKING APPROVAL OF AN AREA VARIANCE FROM ARTICLE III SECTION 3:10 AND REDUCING THE MINIMAL BUILDING LOT SIZE FROM 1 ACRE TO .6 ACRE TO ALLOW CONSTRUCTION OF A NEW RESIDENTIAL STRUCTURE ON LOWER WINN HILL ROAD.
The Crosses live adjacent to the property in question. The three lots were merged into one at the last planning board meeting which, combined, equals .6 acre. The Crosses would like to build a house on that lot. The ordinance does not allow building on less than an acre, hence the request for a variance. The Crosses stated they have one deed for all three lots.
Mr. Kish asked if they owned the property prior to 1987 when zoning went into effect. The Crosses replied in the affirmative. Mr. Kish said that because the three lots were pre-existing and non-conforming, the new lot should also be seen as pre-existing and non-conforming. He wondered if the lots would be grandfathered as building lots. Mr. Kish sees it as a benefit to the town to grant the variance as it would turn three potentially buildable, substandard lots into one buildable lot.
Ms. Bessey, abutter, said she has done research into the ownership of the lots. She said that two of the lots were purchased in 1966 and the third was purchased in 1977. She said she found documentation that a joint tenancy of the parcels was created in 1991. Ms. Bessey suggested there is an alternative, which is to take a portion of the lot where the Crosses currently reside and annex it to the .6 acre lot. She added that she is not present to object.
Mr. Kish said that information presented by Ms. Bessey changed his perception. He said that since they own the adjacent land there is the possibility of redrawing the lot lines and taking a portion of the adjacent lot to bring the .6 acre into compliance to have two buildable lots. He asked why the Crosses would not be amenable to that. The Crosses stated that the property would have to be resurveyed and they do not want to put forth the additional cost.
Chairman Urbach said that he would feel more comfortable delaying a decision until the zoning administrator and town counsel are consulted. He would like to ascertain if the lots are grandfathered. Mrs. Cross said they are leaving for Florida next Wednesday.
The case will be continued to Tuesday, Nov. 17th at 7:00.
The meeting was adjourned at 7:54.
Respectfully submitted,
Katie Richardson
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Peter Urbach Alex Kish
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James Lyons Charles Balyeat
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Ed Frothingham
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