TOWN OF SUNAPEE
ZONING BOARD OF ADJUSTMENT MEETING
October 9, 2008
7:00 PM
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Present: Peter Urbach, Chairman
Robert Henry
James Lyons
Harry Gazelle
Benny Cooper, Alternate
Charles Balyeat, Alternate
Edward Frothingham, Alternate
Absent: Alex Kish, Vice Chairman
Roger Landry, Zoning Administrator
The meeting was called to order at 7:00 PM by Chairman Urbach.
ADMINISTRATIVE MATTERS:
Peter Urbach explained the process the Zoning Board of Adjustment follows for the cases and the function of the members.
Charles Balyeat was appointed to vote in the absence of Alex Kish.
7:02 PM - CASE #08-17, Arlene & Kenneth Adams and Others. The Zoning Board of Adjustment will hear an appeal of the Town of Sunapee’s Selectboard’s decision to approve Driveway Permit #296D at 18 Central St., Sunapee, NH.
Peter explained that the first aspect is to determine whether the Zoning Board of Adjustment has the jurisdiction to hear the appeal. If it is determined that it does, the appeal will then be heard.
Arlene Adams, abutter, stated that 18 Central St. has always been a residential property. Mr. Chiarella (Sonya Land Investments) asked to change the property to a business and was denied by the Planning Board. The denial has now been taken to court. In the original plan there was a parking area. Sonya Land Investments has since gotten a driveway permit for a curb cut. There was no permit issued for a parking lot. The lot is non-conforming. Atty. Dunn has said that the change was made for commercial use. It will be used for overflow parking for the office on Route 11. This makes it a change in use. Ms. Adams stated that a variance should have been applied for before the application went to the Planning Board and it was not.
Peter advised that they need to concentrate on whether or not the Zoning Board of Adjustment has jurisdiction over the appeal. Ken Adams stated that their lawyer (Atty. Dunn) gave a case of precedent and the application should never have gone to the Planning Board before going to the Zoning Board of Adjustment. He feels the proper procedure was not followed from the beginning and feels the Board of Selectmen ruled incorrectly.
Peter advised that the Zoning Board of Adjustment consulted with Town Counsel and Town Counsel has said that the case cited dealt with a junkyard permit and the Selectmen’s decision was based on its interpretation of the zoning ordinance which deals with junkyards. In this case, no Zoning Ordinance was involved. The Planning Board is authorized to issue driveway permits and it is also authorized to delegate that authority to the Selectmen which they have done pursuant to Section 5.09 of the Subdivision Regulations. Therefore, the Zoning Ordinance is not involved and the Zoning Board of Adjustment has no jurisdiction to handle the appeal. The remedy would be to go to Superior Court.
Mr. Adams asked for an interpretation of the Zoning Ordinance and Peter stated that the Board does not provide advisory opinions. He should go to the Zoning Administrator for an interpretation.
Rodney Gonyea stated that Atty. Dunn made a point of increase in use and structure and Peter explained that the question of use does not appear in the Planning Board Regulations regarding driveway permits. Mr. Adams asked what their recourse is and Peter advised that they could go back to the Board of Selectmen to reconsider or go to Superior Court. Bob Henry explained that Section 6.2 is irrelevant as driveways and parking lots are not structures.
7:25 PM – The hearing was closed.
A motion was made by Bob Henry to hear the appeal of Case #08-17, Arlene and Kenneth Adams and Others, appealing the decision of the Board of Selectmen to approve driveway permit #296D at 18 Central St., Sunapee, NH. The motion was seconded by Charles Balyeat. In favor – 0, opposed – 5 (C. Blayeat, R. Henry, H. Gazelle, P. Urbach, J. Lyons). The appeal was denied as the Zoning Board of Adjustment does not have jurisdiction.
The meeting adjourned at 7:27 PM.
Submitted by Joan Bleau, Recording Secretary Date approved
Peter Urbach, Chairman Alex Kish, Vice-Chairman
Robert Henry Harry Gazelle
James Lyons Bennie Cooper, Alternate
Ed Frothingham, Alternate
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