TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT MEETING
FEBRUARY 14, 2008
7:00 PM
SUNAPEE TOWN HALL
Members Present: Peter Urbach, Chairman
James Lyons, Vice-Chairman
Alex Kish
Bennie Cooper, Alternate
Charles Balyeat, Alternate
Roger Landry, Zoning Administrator
Absent: Harry Gazelle, Robert Henry, Svend Filby – Alternate
ADMINISTRATIVE SESSION:
The meeting was called to order at 7:00 PM by Chairman Urbach
There were no disqualifications. Three regular members and two alternates will serve and vote on all cases.
The minutes of January 22, 2008 were reviewed and corrected. A motion was made by Bennie Cooper to approve the minutes as corrected. The motion was seconded by Alex Kish and approved unanimously.
Communications - Roger reported that there will be a meeting on February 27, 2008 at 7:00 PM in the Music Room at Sunapee High School with DES about the new Shoreline Protection Act. The meeting is open to the public. The new Shoreline Protection Act is effective April 1, 2008. The meeting is being held jointly with New London and Newbury and members expressed that there will probably be a large crowd and the Music Room may not be able to accommodate everyone. Roger advised that if that should occur, they may need to have a second meeting.
Planning Board Report – Roger reported that the Subdivision/Annexation of Robert Wilkie was approved. The Major Subdivision of Robert Bell was approved with 3 conditions and the request from William Stockwell for cutting trees was approved with conditions that a plan and pictures be submitted to the Zoning Administrator.
Alternate Interview – Peter Urbach reported that Svend Filby has resigned as an Alternate. Ed Frothingham and Jim Miller have expressed interest in serving Mr. Frothingham is present and will be interviewed later this evening.
PUBLIC HEARINGS:
Case #08-01. Frances Harris & Robert Sontheimer, 64 Fernwood Point Rd., Map # 121. Lot #57. Seeking a Special Exception as allowed under Art. III. 3.50C to reduce the side setback from 25’ to 12 ½’ to allow construction of an attached garage.
Frances Harris, Robert Sontheimer, and Kevin Rickard presented the case. Ms. Harris reported that they have an existing garage which is quite a distance from the house. They are now full time residents and need the garage closer and attached to the house. The existing garage will be moved to the new location and the existing slab will be removed. There will be some new construction to attach it to the house. The structure will not be any higher. Alex Kish asked about the effect of the new warrant article on an application within 120 days of it being passed and going into effect. Peter Urbach stated that after the public hearing, he believes they have to act like it is in effect. Others did not feel that way. Roger advised that he cannot give a building permit until
after Town Meeting. He stated that the Board could deny the application and the applicant could get a building permit for 15’ or come in for a variance later. After discussion the Board members agreed they could deal with the application under the current regulations.
A motion was made by James Lyons to approve Case #08-01 of Frances Harris and Robert Sontheimer, 64 Fernwood Point Rd., Map #121, Lot #57, seeking a Special Exception as allowed under Art. III. 3.50C to reduce the side setback from 25’ to
12 ½’ to allow relocation of a garage and making it an attached garage as per the attached plan The motion was seconded by Alex Kish and approved unanimously.
Case #08-02. The PMR Trust Agreement. 61 Piney Point Rd., Map # 118. Lot #23. Seeking a Special Exception as allowed under Art. III. 3.50C to reduce side setback from 25’ to 14’3” to allow construction of a replacement home.
Pierre Bedard and Wayne Flanagan presented the case. Mr. Bedard explained that the existing lot has a rundown cottage which will be removed and replaced. The setback should be corrected to 14.3’ from 14’3”. The owner also owns another lot that he will merge as the waste disposal system (leech field) will be on the other lot. Roger advised that in looking at lot coverage, they are only allowed 25%. The Board will need accurate dimension. If they are going to merge the lots, it should be alright. Mr. Bedard reported that this will be a 3 bedroom home. The existing structure is 2 bedrooms. Roger advised the applicant that they must go to the Planning Board first to merge the lots and the deadline for the next meeting has passed. He also advised
that after April 1, 2008, the lot coverage will be 20%. Alex Kish stated that they can make their approval contingent on the merger. Peter Urbach agreed, but stated that the wording should be “contingent on Planning Board approval of the merger”.
Mr. Flanagan stated that the replacement structure will be 28’ X 32’ for the main structure and 16’ X 24’for the side structure (family room). Roger Landry advised that they are allowed 150’ of deck within the 50’ setback and no closer than 12’ from the lake.
Mr. Flanagan stated there will be no walkways. Roger Landry questioned the width of the right of way and Mr. Bedard stated no widths were given. Roger Landry advised that the square footage is 2852 of lot coverage which is over by 482 square feet over, so they will have to merge the lots.
Robert Evans of 69 Piney Point Rd., an abutter questioned that if the lots are merged, could another home be built and Peter Urbach advised no there could not.
A motion was made by Alex Kish to approve Case #08-02 of the PMR Trust Agreement, 61 Piney Point Rd., Map #118, Lot #23 seeking a Special Exception as allowed under Art. III. 3.50C to reduce the side setback from 25’ to 14.3’ to allow construction of a replacement home, subject to the approval of the Planning Board for a lot merger with Map #118, Lot #34 in accordance with the presented plan. The motion was seconded by James Lyons and approved unanimously.
Case #08-03. The PMR Trust Agreement. 61 Piney Point Rd., Map # 118. Lot #23. Seeking a Special Exception as allowed under Art. III. 3.50C to reduce the side setback from 25’ to 12 ½’ to allow construction of a replacement home.
Pierre Bedard stated that the 12 ½’ is on the right side, the pond side. The new structure will be a little larger than the existing structure.
Mr. McDonough, an abutter, questioned the increase of 3’ and will this be a house rather than a cottage. Mr. Flanagan advised that it will be a house. Roger Landry questioned the elevations and would there be a second story. Mr. Flanagan stated that they would like to within 31’. Roger advised that to add a second floor within the encroachment, he will have to come back to the Zoning Board for another Special Exception. The also advised that the roofline cannot be changed within any encroachment without a Special Exception. They would also need elevation plans. Mr. McDonough questioned the current dimensions and Roger advised they are 24’ X 24’. Mr. Flanagan added that they are 24’ X 32’ with the porch.
Ann VanTine, an abutter, stated that she owns a back lot which is adjacent and is concerned with maintaining the rural character. She feels that the merger will do that. Peter Urbach emphasized that another residence cannot be put in.
Robert Evans asked if there will be apartments and Roger Landry advised there will not.
Alex Kish advised that with the new state regulations, tree cutting will be more strict.
Mr. Evans questioned a line of circles on the plan on the north edge, close to the line, and asked what they represent. Pierre Bedard advised that is an existing stonewall and the South side is the same.
Bennie Cooper stated that he would like to see the setback the same as the other side, 14.3’, but if the abutters are satisfied with 12 ½’, he is okay with it.
A motion was made by Bennie Cooper to approve Case #08-03 of the PMR Trust Agreement, 61 Piney Point Rd., Map #118, Lot #23, seeking a Special Exception as allowed under Art. III. 3.50C to reduce the side setback from 25’ to 12 1.2’ to allow construction of a replacement home, contingent on approval of the Planning Board for a lot merger with Map #118, Lot #34, as per the plan presented. The motion was seconded by James Lyons and approved unanimously.
Case #08-04. The PMR Trust Agreement. 61 Piney Point Rd., Map # 118, Lot #23. Seeking a Special Exception as allowed under Art. III. 3.50B to reduce road front setback to 17’.
Pierre Bedard explained that this is the existing setback of the existing structure. Roger Landry advised they are extending the encroachment. Peter Urbach explained that since they are extending the structure, they are requesting to extend the setback for that portion also.
A motion was made by Alex Kish to approve Case #08-04 of the PMR Trust Agreement, 61 Piney Point Rd., Map #118, Lot #23, seeking a Special Exception as allowed under Art. III. 3.50B to reduce the road front setback to 17’ contingent on Planning Board approved for a lot merger with Map #118, Lot #34 as shown on the plan. The motion was seconded by Bennie Cooper and approved unanimously.
Peter Urbach advised the applicant that he will have to go to the Planning Board for the merger, he must come back to the Zoning Board for a second story on the structure, and he will have to deal with the State.
ADDITIONAL:
The Board met with Ed Frothingham who is interested in serving as an Alternate on the Zoning Board. Mr. Frothingham gave the Board his background information. The Board explained that serving includes attendance at meetings, site visits, training workshops, etc.
The Board entered executive session at 8:30 PM and returned at 8:38 PM
The Board voted unanimously to approve Mr. Frothingham as an Alternate.
The meeting adjourned at 8:40 PM.
Submitted by, Date approved
Joan Bleau, Zoning Secretary
ZONING BOARD OF ADJUSTMENT
Peter Urbach, Chairman James Lyons, Vice Chairman
Robert Henry Alex Kish
Harry Gazelle Charles Balyeat, Alternate
Bennie Cooper, Alternate
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