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Zoning Board Minutes 2008/03/13
TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT MEETING
MARCH 13, 2008
7:00 PM
SUNAPEE TOWN HALL

Present:        Peter Urbach, Chairman
Bennie Cooper, Alternate
Harry Gazelle
James Lyons, Vice Chairman
Alex Kish
Charles Balyeat, Alternate
Roger Landry, Zoning Administrator

Absent: Robert Henry

The meeting was called to order by Chairman Urbach at 7:05 PM.

Call to order 705 Charles Balyeat will replace Bob Henry

ADMINISTRATIVE SESSION

Disqualifications/designation of alternates:  There were no disqualifications.  Charles Balyeat was appointed to replace Bob Henry for voting on all cases.

The February 14, 2008 minutes were reviewed and corrected by the Board.  A motion was made by Bennie Cooper to approve the minutes as corrected.  The motion was seconded by Alex Kish and approved

Communications:  Roger Landry reported that the Spring Planning & Zoning Conference is coming up.  If anyone is interested in attending, fill out the form and give it to Roger.

Planning Board Report:  Roger reported there was one consultation at the last meeting for Cooper St. Partners.  They are looking at subdividing their parcel on Route 11 into 12 building lots.  There were many concerns expressed by the Planning Board members.  Some were commercial properties, entrances to the property, and some green space between commercial and residential properties.  Roger advised the Planning Board there were cars, oil, and batteries on the property.  The cars are now gone.  He also reported that Bob Bell came to the Planning Board meeting regarding his subdivision regarding his performance bond and the Planning Board concurred.

Appointment:  The Board signed the appointment letter adding Edward Frothingham to the Zoning Board as an alternate.

Election of Officers:  Jim Lyons advised the Board that he would not like to run for Vice Chairman.  He nominated Harry Gazelle for Vice Chairman.  Mr. Gazelle declined.  Harry Gazelle nominated Alex Kish for Vice Chairman.  The nomination was seconded by Jim Lyons.  There were no other nominations and nominations were closed.  The nomination of Alex Kish for Vice Chairman was voted and approved by the Board.    Alex Kish nominated Peter Urbach for the position of Chairman.  The nomination was seconded by Harry Gazelle.  There were no other nominations for Chairman.  The Board voted and approved the nomination of Peter Urbach for Chairman.

PUBLIC HEARINGS:

Case #08-05.  Kim Christiansen, 98 Burma Rd., Map #118, Lot #50, Seeking a Special Exception as allowed under Art. III 3.50 (I) to raise the roof line and add heated residential space on second floor of existing garage.

All abutters were notified.  Jim Lyons questioned if this property had come before them before and Roger Landry advised the previous owns were originally going to tear the house down.  It was not done and the lot line was left as it was originally.

The new owner, Kim Christiansen, presented.  The existing garage is 10’ X 35” and he is asking to put a second floor on.  It will be the existing footprint.  He is requesting adding 7’ with a standard pitch roof.  He will be reinforcing the existing 2 X 4’s with other 2 X 4’s. The garage is on a slab foundation and sits on the property line.  The second floor will be one big room for work space (he is an artist).  Roger Landry advised that it will be an in home occupation.  

The Board questioned if there would be a bathroom and Mr. Christiansen stated there would not.  

Harry Gazelle asked how he would feel if an abutter did the same thing and Mr. Christiansen stated he kept it to 7’ because of the visual impact.  Martha Lovely (abutter) stated she does not have any objection as long as it is studio space and not rental property.

The septic system impact was questioned and Roger Landry explained that only bedrooms have an impact on septic systems.

Mr. Christiansen stated that he may put in some heating so he can work there during the colder months.

Roger stated there is nothing preventing him from putting in a bathroom and Peter Urbach stated that they could possibly grant this with some conditions.  One could be that there be no bathroom and another would be that is be for non-residential use.  Mr. Christiansen asked if he could have a sink and Peter advised that if they say no bathroom he could put in a sink, but no water closet.

Mr. Christiansen stated the second floor will be accessed by an internal stairway.

Peter Urbach stated that the critical fact is that the abutter does not object.

A motion was made by Alex Kish to approve the Special Exception as allowed under Art. III 3.50(I),Case #08-05, Kim Christiansen, 98 Burma Rd., Map #118, Lot #50, to raise the roof line and add heated residential space on the second floor of an existing garage subject to the conditions that no bathroom be installed, the space not be used for residential purposes, and as per the drawings submitted March 13, 2008.  The motion was seconded by Harry Gazelle.

Discussion:  Mr. Christiansen asked if he uses the studio in the winter, could he have a bathroom as long as the space is not for residential use.  Peter Urbach explained that there are strong reasons to not approve the Special Exception as the garage sits on the property line and in order to approve, the Board would like some restrictions.  Alex Kish stated that limiting the enlargement of the space does not open the door to do more.  Harry Gazelle asked if there is a bathroom there, what would prevent the applicant from using it as additional living space.  Roger replied there would be none.

A vote was taken on the original motion and approved unanimously.

MISCELLANEOUS

The Board expressed their thanks to Jim Lyons for his service as Vice Chairman.

The meeting adjourned at 7:49PM.

Submitted by,                                                   Date approved                   
Joan Bleau, Zoning Secretary

ZONING BOARD OF ADJUSTMENT


                                                                                                
Peter Urbach, Chairman                          Alex Kish, Vice Chairman


                                                                                                
Robert Henry                                            James Lyons


                                                                                                
Harry Gazelle                                           Charles Balyeat, Alternate


                                                        
Bennie Cooper, Alternate