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1 TOWN OF SUNAPEE
2 ZONING BOARD OF ADJUSTMENT MEETING
3 JUNE 12, 2008
4 7:00 PM
5 SUNAPEE TOWN HALL
6 *****DRAFT***** *****DRAFT*****
7
8 Present: Peter Urbach, Chairman
9 Alex Kish, Vice-Chairman
10 Robert Henry
11 Bennie Cooper, Alternate
12 Harry Gazelle
13 Ed Frothingham, Alternate
14 Roger Landry, Zoning Administrator
15
16 Absent: James Lyons
17
18 The meeting was called to order at 7:04 PM by Chairman Peter Urbach.
19
20 ADMINISTRATIVE SESSION
21 Disqualifications/designation of alternates: There were no disqualifications. Bennie
22 Cooper was appointed to replace James Lyons for voting on all cases.
23
24 Roger Landry introduced Ed Frothingham who has been appointed by the Board to serve
25 as an alternate.
26
27 Roger Landry reported that the effective date of the Comprehensive Shoreline Protection
28 Act is July 1, 2008. There are still some amendments going before the Legislature and it
29 is not known whether or not those approved will be attached effective July 1, 2008.
30
31 Planning Board Report: Roger reported that the Site Plan Review for Sonya Land
32 Investments to operate a real estate office on Central St. is still outstanding and continued
33 to their next meeting. A two lot subdivision for Carl Bernsten was approved. The final
34 plans for Bob Bell’s subdivision on Prospect Hill were approved and the Fieldstone Hills
35 (now owned by Claremont Savings Bank) mylar was approved. Cooper St. Partners has
36 been before the Planning Board twice for consultations regarding a subdivision of the
37 property on Route 11. Bob Bell was in for a consultation for a subdivision on Browns
38 Hill and the Riverway was in for a consultation on subdivision of property. The
39 Riveryway case will be reviewed at the June 19, 2008 meeting of the Planning Board.
40 The original property usage for Rosie’s Restaurant was approved. The new owner will
41 be coming before the Planning Board for the addition of dinner house and added seating.
42
43 The minutes of March 13, 2008 were reviewed and correct as follows: Page 2, Line
44 61 – change the word “owns” to “owners”; Page 2, Line 87 - change “they” to “the
45 Board”; Page 2, Line 88 – change “”that is be for non-residential use” to “that it is
46 to be for non-residential use; Page 2, Line 98 – removed the word “residential” after
47 the word “heated”. A motion was made by Bennie Cooper to approve the minutes
48 as corrected. The motion was seconded by Alex Kish and approve by the Board.
49
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Peter Urbach advised the members of the Board that house numbers 50 will be added to the
51 application form so that members can find the property. The Zoning District will also be
52 included on the application form.
53
54 Peter explained the process the Zoning Board of Adjustment follows for the cases
55 and the function of the members.
56
57 7:15 PM - CASE# 08-06. WAYNE FLANAGAN. MAP #118 LOT #23. 61 PINEY
58 POINT RD., SUNAPEE, NH. SEEKING A SPECIAL EXCEPTION IN
59 ACCORDANCE WITH ARTICLE III SECTION 3.50-I-4 TO RAISE ROOF LINE
60 ON A REPLACEMENT STRUCTURE AND MOVE (2) BEDROOMS FROM
61 BASEMENT TO SECOND FLOOR.
62
63 Mr. Flanagan advised the Board that the existing structure has been demolished. They
64 will be rebuilding and he has already been before the Board on February 14, 2008 and
65 received approval from the Board for reduction in side setbacks and setback from the
66 road with the condition of a lot merger, which has been done. Construction is set to
67 begin next week. He hopes to have the home completely done by October 1, 2008.
68 Roger stated that he has to have a “substantial investment”, per the State, before the
69 State’s date of July 1, 2008. They are staying within the footprint. Mr. Flanagan advised
70 that the structure will be no more than 25 feet high and there will be no loss of view. He
71 has all the state and local permits. There were no abutters present.
72
73 A motion was made by Harry Gazelle to approve Case #08-06 of Wayne Flanagan,
74 Map #118, Lot #23, 61 Piney Point Rd., Sunapee, NH, seeking a Special Exception in
75 accordance with Article III, Section 3.50i(4) to raise the roof line on a replacement
76 structure and move two bedrooms from the basement to the second floor. The
77 motion was seconded by Robert Henry and approved unanimously.
78
79 7:26PM – The hearing was closed.
80
81 7:26 PM - CASE# 08-07. MICHAEL & HOLLY DURFOR. MAP #137 LOT #18.
82 40 HARBOR HILL RD., SUNAPEE, NH. SEEKING A VARIANCE OF ACTICLE
83 III SECTION 3.10 TO INCREASE THE MAXIMUM HEIGHT OF A
84 STRUCTURE TO 51 FT. TO CONSTRUCT AND OPERATE A WIND TURBINE
85 GENERATOR.
86
87 Mike Durfor explained that he wants to construct a wind turbine on his property and
88 needs a variance for the height. The pole will be 45’ high with 6’ blades. The location
89 has been tested by a wind engineer. It faces northwest and should be 90% camouflaged.
90 There is a large pine tree about 42’ high and it will be 32’ from the pines in the front.
91 The wind turbine will be within 25’ of a former lookout tower. He showed the Board a
92 picture of an identical turbine located in Enfield.
93
94 Ed Frothingham asked if the turbine would be visible from the lake and Mike Durfor
95 stated that he thinks it will not, but he can’t be sure until it is up. It will be next to his
96 garage. He showed a video, with sound, of the one in Enfield. It is 45 decibels at 40 feet.
97
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Harry Gazelle read from an article he had and stated that he sees 98 some drawbacks. He
99 listed the following: setting precedence in regard to future application: aesthetics – he
100 would not like to see multiples in town; health concerns about wind turbine syndrome
101 which includes hindrance of sleep, headaches, exhaustion, and dizziness. He stated that
102 the article says this can cause health disorders. He also stated these are all allegations
103 and scientific conclusions are needed. He also stated that he thinks the Planning Board
104 and Board of Selectmen should have open discussions on this. Alex Kish stated he thinks
105 the article refers to a grouping of turbines and Harry pointed out that others on Harbor
106 Hill could want this later and believes we have to protect the ridgeline. Peter Urbach
107 stated this is the first time the Board has heard anything like this and it could set a
108 precedent. Roger asked if this could fall under the criteria for cell towers. Peter thinks it
109 is a technical issue. The ordinance deals with structure height, but this is not an ordinary
110 use. There is nothing in the ordinance to deal with wind turbine use. Roger read the
111 definition of a structure. Harry stated it affects the entire community. Robert Henry
112 stated that this is unusual, affects the whole town, and the next one could have 20’ blades.
113 He thinks this is an area for the future and agrees that the Board cannot make a decision
114 as they cannot create an ordinance. It is for the town to decide how to approach this.
115 Alex Kish stated this demonstrates a different set of opinions. He would prefer to see
116 wind turbine on ridgelines to lessen fossil fuels, but agrees that it should be looked at by
117 the town. It is contrary to the spirit of the ordinance as the ordinance does not address it.
118 He agrees that the town’s input is needed to create an ordinance. He does not think the
119 hardship is substantial enough. There are other means to reduce energy requirements.
120
121 Doug Sartwell, observer, stated this is one of many energy alternatives. He thinks the
122 town should look at all of them. Denise Stanley, abutter, stated this is an opportunity for
123 the board to be forward thinking. At some point, they will have to look forward at wind
124 power, solar power, and other alternatives. Donna Gazelle, observer, stated that her main
125 concern is that you can’t equate this to a cell tower that serves the entire community. She
126 read an excerpt from an email from S. Tether expressing concerns with aesthetics, noise
127 and detriment to the ridgeline (copy of email in case file). Glenn Van den Heuvel,
128 abutter, expressed concerns about aesthetics and reduced property values. He also stated
129 that if the structure should fall, he is fairly close. Robert Stanley, abutter, stated he is not
130 concerned about noise and that we should be thinking about ways to decrease fossil fuels.
131 A letter from Mr. Bolton-Smith, abutter, was read expressing concerns about the location
132 and height, blocking the view of the mountain and lake, potential noise, bird danger,
133 precedent for commercial applications or others on the ridge, and could this become a
134 commercial enterprise.
135
136 Mike Durfor responded by stating that he assures he is sensitive to all comments. He has
137 looked at other alternatives and the visual impact. The tree would block the view from
138 the late and the site is the most camouflaged on the property. He is very sensitive to the
139 visual of the ridgeline and the sound will be low for them and their neighbors. He stated
140 that it has been found that more birds are killed flying into buildings. The town could
141 look into putting a large turbine in, but it would be 120’ or higher and the blades would
142 be 20’. His hardship is that this is the only location on the property to produce enough
143 power. If he goes down to 40’, he would not get the capacity needed and would have to
144 cut down trees. He stated that this goes more to the education of the community. If the
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request is not granted, the Board should make sure the town does 145 something so it is in
146 place next year. He stated that the Board has the authority to make site specific decisions
147 and the authority to make a decision without setting a precedent. Ed Frothingham asked
148 what will happen if the trees grow another 10’ and Mike stated they are at their maximum
149 height now. Harry Gazelle advised that they don’t want to set precedent at this time, but
150 he commends Mike for his energy conservation. Alex Kish stated that it is unclear how
151 property values will be affected. We don’t know what the marked will do. Mike stated
152 that 75% would be shielded.
153
154 Peter Urbach advised the Board that they can deny the application or continue it and get
155 input from other town bodies and town counsel. Robert Henry stated he disagrees as they
156 would be creating an ordinance. They cannot resolve this in 30 days. There are no
157 guidelines. This is a variance and no definition of hardship. He thinks the whole town
158 should have input.
159
160 A motion was made by Robert Henry to approve Case #08-07, Michael and Holly
161 Durfor, Map #137, Lot #18, 40 Harbor Hill Rd., Sunapee, NH, seeking a variance of
162 Article III Section 3.10 to increase the maximum height of a structure to 51 ft. to
163 construct and operate a wind turbine generator. The motion was seconded by
164 Bennie Cooper. The vote was 0 in favor, 4 against, and 1 abstention (PU). The
165 variance was denied.
166
167 Roger stated that he will advise the Planning Board to look into this.
168
169 8:21 PM – The hearing was closed.
170
171 8:21 PM – CASE# 08-08. THOMAS & KAREN MCGHEE. MAP #136 LOT #3.
172 169 BURKEHAVEN HILL RD., SUNAPEE, NH. SEEKING A SPECIAL
173 EXCEPTION TO OPEN AND OPERATE A DAYCARE AS PROVIDED FOR
174 UNDER ARTICLE IV SECTION 4.10 AT 169 BURKEHAVEN HILL RD.
175
176 Karen McGhee stated that he would like to operate and academic childcare facility for 3-
177 5 years old children at her home. The hours would be from 8:00 AM to 5:00PM,
178 Monday through Friday. She can have up to 12 children, but will have no more than 10,
179 including her own two. The facility will be primarily within the home with a play
180 environment for a limited period of time during the day. She has 3 acres and the outside
181 usage will be minimal. The site will accommodate up to 8 cars for parking. There will
182 be no outside changes; no landscaping or lighting changes, and no signage. Three rooms
183 in the house will be used. Robert Henry asked how a single driveway can accommodate
184 8 cars. She stated that there is parking at the end for 5 cars. Mr. Henry asked if they can
185 turn around and she replied that they can back out. Roger advised that the Planning
186 Board would deal with that issue. She will have to go to the Planning Board for Site Plan
187 Review if this is approved by the Zoning Board of Adjustment. Mrs. McGhee stated that
188 if there are issues, she can accommodate them. Roger stated that the condition of the
189 septic system would have to be evaluated. Harry Gazelle expressed a concern about the
190 noise level and Mrs. McGhee responded that the time outdoors would be limited. Mr.
191 Gazelle also expressed concern about extra traffic. Roger advised that the Police Chief
192 would have to sign off on that. Bennie Cooper asked about fencing and Mrs. McGhee
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stated that it would not be needed as it is a large yard. She feels she 193 can control the
194 children, but she will also have some parent volunteers and a friend has volunteered to
195 help if necessary. She doesn’t feel it is an issue.
196
197 Doug Sartwell, abutter, stated that the McGhees are very quiet. It is a residential area,
198 but if they can say for certain there would be no increase in traffic or noise, he would not
199 be against it. He is concerned with the traffic, especially in the summer. The
200 neighborhood has grown. Mrs. McGhee thinks it has to do with the way the children are
201 handled and she is very concerned about how it would affect the neighbors, so the
202 outdoor time will be limited and drop off will be staggered.
203
204 Donna Gazelle, observer, asked if there would be employees and Mrs. McGhee stated
205 there would not, but if it grows beyond 10 children, she will have to consider that. Mrs.
206 Gazelle expressed that she is concerned with the safety of the children and the area not
207 being fenced in. Alex Kish advised it could be a liability issue she may want to look into.
208 He also questioned if she will be licensed by the State. Mrs. McGhee stated that she has
209 the paperwork to apply. She also stated that she does not want to fence in the entire yard.
210 She does intend to have fencing around the play area in the future. Roger read letters
211 from B. & P. Gallup and C. Balyeat stating concerns that they have (letters in case file).
212
213 Harry Gazelle asked if the State evaluates the location and Mrs. McGhee advised that
214 they do. She has to establish the business before she can get approval from the State.
215 She also has to have approval from the Zoning Board of Adjustment, the Planning Board,
216 and the Fire Marshall before the State would grant her license.
217
218 Mr. Sartwell stated that he just wants some reassurances that his lifestyle will not change.
219 Mrs. McGhee stated that the academic program will run from 8:00 AM to 3:00 PM, with
220 care until 5:00 PM.
221
222 Robert Henry stated that the Board needs to consider safety, adequate parking, and an
223 adequate septic system. He thinks they need more information before they can make a
224 decision and thinks the Board should extend the case 30 days to the next meeting.
225
226 The Board members agreed to continue the case for 30 days until the next meeting on
227 July 10, 2008. Peter Urbach stated they would want a sketch of the driveway and how
228 the cars would be arranged. Roger Landry reported that we have a 1986 approved septic
229 plan for 3 bedrooms. The home has 5 bedrooms, so that will have to be addressed.
230
231 A motion was made by Alex Kish to continue Case #08-08, Thomas and Karen
232 McGhee, Map #136, L0t #3, 169 Burkehaven Hill Rd., Sunapee, NH, seeking a
233 special exception to open and operate a daycare as provided for under Article IV
234 Section 4.10. The motion was seconded by Harry Gazelle and approved
235 unanimously.
236
237 9:00 PM – The hearing was closed.
238
239 9:00PM - CASE# 08-09. LANTZ TRUST. MAP #115 LOT #30. NORTH SHORE
240 RD., SUNAPEE, NH. SEEKING A VARIANCE OF ACTICLE III SECTION 3.10
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TO REDUCE THE SET BACK FROM 15’ TO 11’ 3” 241 FROM PROPERTY LINE
242 AT EDGE OF R.O.W. TO ALLOW CONSTRUCTION OF A NEW 3 BR. HOME
243
244 David Lantz, owner, and Charlie Hirshberg, engineer, were present. Charlie stated that
245 this is a shorefront lot at Perkins Pond. A small house is to be built. The minimum
246 setback, per the Zoning ordinance, is 15’ from the property line, not from the road. This
247 is a private road. They are asking for 12.4 feet at the closest point. They are trying to
248 stay out of the 50 foot setback from the pond. There are no other houses in this same
249 setback as required by Section 3.50(b) of the Zoning regulations. However, there are
250 garages. The house will be 430 square feet, plus a porch on sonar tubes with the septic
251 system underneath. They are able to do a step up site to provide parking for two vehicles.
252 They will have a permeable patio that goes into the 50’ setback. Storm water can be
253 infiltrated through it. The runoff from the driveway will go into planter beds. They are
254 in the process of getting septic approval. Charlie clarified that the property line is,
255 generally, the center of the private road as the deed does not state it. Roger advised that
256 they have to address the road as an abutter. Harry Gazelle asked the size of the lot and
257 Charlie responded that it is .16 acres.
258
259 Geraldine Economou, abutter, asked if when the septic system is put in, will it affect her
260 dug well as she is next door to this property. Charlie advised that it is a shallow well and
261 the septic system will be on the other side of the lot, 60 feet away. The State will waive
262 the 75’ requirement if it they go into pretreatment, which they are. He advised that he
263 will be sending her a certified letter to notify her of it. He also stated there is another
264 property with a drilled well that is 50’ away and the State will waive to the 50 feet.
265
266 Ralph Garrand, abutter, stated that he is across the road and that the Lantz lot drops off.
267 He asked how it will affect the pond as trees will have to be removed as well as rocks.
268 Charlie advised that the State is very strict on how they can work on the property. There
269 will be a condition that he (Charlie Hirshberg) has to supervise the construction. They
270 won’t take trees out within the 50’ setback unless there is a safety issue. They will be
271 putting additional plantings in. Alex Kish questioned the slope of the property. Roger
272 advised that it does not exceed the 25%. Charlie stated that the State will look at it very
273 closely. The State stressed the idea of terracing so it can catch runoff. The roof runoff
274 will go to the planters. Harry Gazelle asked if they will have to do any blasting and
275 Charlie stated he does not believe so, but he does not know for sure.
276
277 A motion was made by Bennie Cooper to approve Case #08-09, Lantz Trust, Map
278 #115, Lot #30, North Shore Rd., Sunapee, NH, seeking a variance of Article III
279 Section 3.10 to reduce the set back from 15’ to 12.4’ from property line at edge of
280 R.O.W. to allow construction of a new 3 bedroom home as per the submitted
281 drawing. The motion was seconded by Robert Henry and approved unanimously.
282
283 9:36 PM – The hearing was closed.
284
285 9:36 PM - CASE# 08-10, THOMAS STOLBERG AND ANN FRIEDHOFER. MAP
286 # 133 LOT #99. 15 MAPLE ST., SUNAPEE, NH. SEEKING A VARIANCE OF
287 ACTICLE III SECTION 3.50 G & H TO CONSTRUCT A 6 FT. HIGH WHITE
288 VINYL FENCE ALONG PROPERTY LINE.
289
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Roger advised that the application has been withdrawn. The members 290 voted to approve
291 the withdrawal letter.
292
293 9:38 PM – The hearing was closed.
294
295 9:38PM - CASE# 08-11. BRUCE LUKASIK. MAP #134 LOT #18. 247 LAKE AVE.,
296 SUNAPEE, NH. SEEKING A SPECIAL EXCEPTION TO RAISE THE ROOF
297 LINE AS PROVIDED FOR IN ACTICLE III SECTION 3.50-I ALLOWING FULL
298 USE OF A SECOND FLOOR
299
300 Bruce Lukasik and Barry Paddock were present. Barry Paddock presented a survey map.
301 He has corrected the setback to 10’ as per the regulations. They are staying within the
302 footprint. Two letters from abutters in favor of the application were presented (letters in
303 case file). The horizontal dimensions are not increasing. The structure is now 1 ½
304 stories. They are putting a full foundation under the house and want to make the entire
305 upstairs living space. There are outside eave walls on both sides. The second floor wall
306 is 6’6” and the side of the house where it invades the setback line is under 25 feet. The
307 eaves are 16” wide. The overall height of the building is 27’7” and the roof is 10 pitch.
308
309 Robert Henry asked if this is a teardown and Barry advised that it is. Mr. Henry also
310 questioned erosion. Roger stated that he has to put in a land disturbance bond.
311 Construction will be started before July 1, 2008.
312
313 A motion was made by Alex Kish to approve Case #08-11, Bruce Lukasik, Map
314 #134, Lot #18, 247 Lake Ave., Sunapee, NH, seeking a special exception to raise the
315 roof line as provided for in Article III Section 3.50(i) allowing full use of a second
316 floor as per the submitted plans. The motion was seconded by Bennie Cooper and
317 approved by the Board.
318
319 9:51 PM – The hearing was closed.
320
321 9:51 PM – The meeting adjourned.
322
323 Submitted by Joan Bleau, Recording Secretary Date approved
324
325
326
327 Peter Urbach, Chairman Alex Kish, Vice-Chairman
328
329
330
331 Robert Henry Harry Gazelle
332
333
334
335 James Lyons Bennie Cooper, Alternate
336
337
338
339 Ed Frothingham, Alternate
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