TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT
NOVEMBER 17, 2009
PRESENT: Peter Urbach, Chairman; Alex Kish, Vice Chairman; James Lyons; Charles Balyeat, alternate; Bennie Cooper, alternate; Ed Frothingham, alternate; Roger Landry, Zoning Administrator.
ALSO PRESENT: Felicia Bessey; Bob Bates; Ross Rechinsky.
ABSENT: Robert Henry; Harry Gazelle.
Chairman Urbach called the meeting to order at 7:00.
Changes to the minutes of November 12: Motion made by Mr. Balyeat, seconded by Mr. Frothingham to approve the minutes as presented. The motion passed unanimously.
Chairman Urbach appointed Mr. Balyeat to vote for Mr. Henry and Mr. Frothingham to vote for Mr. Gazelle.
CASE 09-12 MAP 132 Lot 42, 43 & 44 (continued). JOHN AND 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 case is continued from the November 12 meeting. Chairman Urbach reviewed the question of whether the lots were grandfathered. Mr. Landry consulted with town counsel and determined that once the three lots were merged into a new lot, they were no longer grandfathered as building lots.
Mr. Landry stated that he met with the Crosses. They are going to merge the .6 acre lot with the large lot in the back. Once the merger is approved and recorded, a building permit will be issued. This leaves the window open for them to subdivide into two building lots in the future. Consequently, the hardship element required to receive a variance is not met.
Motion made by Mr. Lyons, seconded by Mr. Balyeat, to approve an area variance from Article III Section 3:10 and reduce 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 motion is opposed unanimously because the applicants did not meet the hardship requirement.
The meeting was adjourned at 7:19.
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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