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Zoning Board Minutes 2007/03/08
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
      
March 8, 2007

MEMBERS PRESENT: CHAIRMAN  PETER URBACH, VICE CHAIRMAN JAMES LYONS, ALEX  KISH , ALTERNATES:, SVEND FILBY, HARRY GAZELLE AND ROGER LANDRY , ZONING ADMINISTRATOR.

The meeting was called to order at 7 P.M. There was a minute of silence in memory of member, Richard Guyer who passed away March 4th.

Bob Henry was absent.

Ben Cooper was present and is interested in becoming an alternate member.

 Harry Gazelle was designated to vote in place of  Bob Henry. Svend Filby was designated to vote in place of Richard Guyer.

PLANNING BOARD REPORT:  Roger Landry gave the following report. The case of Rosemarie Digilio and Doug McCahon concerning a soft serve ice cream facility at Rosie’s Restaurant was continued. Rt. 103. Sunapee.
Round Rock Properties, Inc.Site Plan Review  Convienance Store, Gasoline Sales & Eating Facility with 31 interior seats and 39 exterior seats Rt. 11 Sunapee was continued.
Cooper Street Partners, LLC are requesting a Sub-Division / annexation.  Five acres
would be divided out at 1106 Rte 11, ( the former marina ) and the remainder of  approximately 14 acres would be divided into three or four lots.
The Flanders sub-division on Brook Road was approved.
There was a consultation of extending a road on the Prospect Hill subdivision of Bob Bell.
Brenda Dowst was requesting a sign for a home occupation.

MINUTES:   The minutes of February 8 were reviewed. There were two corrections. On the last sentence on the front page , the word from was corrected. On the second page , on the fifth line of the Trainor case, the word be was added  on the sentence , It will be back 7 ½ ‘.  Harry Gazelle made a motion to approve the minutes with corrections.
Alex Kish seconded the motion. All members were in favor.

PUBLIC HEARINGS :  Case # 07-3. ( continued). Joseph and Carol Maraldo. Map # 148. Lot # 24. Seeking a Special Exception from Art. III. 3:50 C. to reduce the side setback from 25’ to  15.6’ for construction of a new deck. 8 Hamel Rd. Sunapee. The Board discussed this change. The Public part of the hearing closed at 7:20 P.M. Alex Kish made a motion to approve the request of Joseph and Carl Maraldo . Case # 07-3. Map # 148. Lot # 24. for a Special Exception.from Art. III. 3:50 C for a new deck at

ZBA MINUTES:                                      Page 2.                                  3 / 8 / 07.

8 Hamel Rd. Sunapee.  This grant is conditioned on 150 sq. feet maximum deck on the revised drawings dated 3 / 6 / 07. Harry Gazelle seconded the motion. There were 5 yes votes.
Case # 07-4. ( continued ) Joseph and Carol Maraldo. Case # 07-4. Map # 148 . Lot # 24.
Seeking a Special Exception from Art. III. 3:50 C. To reduce the side setback from 25’ to 16.6’ for construction of a new deck. 8 Hamel Rd. Sunapee. A new map was presented. The deck will not exceed 150 sq. feet. Harry Gazelle made a motion to approve the request of Joseph and Carol Maraldo for a Special Exception. from Art. III. 3:50 C. to reduce the side setback from 25’ to 16.6’ for construction of a new deck at 8 Hamel Rd. Sunapee. This grant is approved provided that the deck does not exceed 150 sq. feet as per the revised map dated 3 / 6 / 07. James Lyons seconded the motion. There were five yes votes.

Case # 07-6.  Alex Kish. Map # 146. Lot # 49 . Seeking a Special Exception. from Art. III. 3:50 C. To reduce the side and rear setback dimensions from 25’ to 12’ 6” in order to accommodate construction of a new garage at 346/348 Bay Pt Rd. Sunapee. Alex Kish recused himself from voting because this is his case. His neighbor, Bruce Reed had no problem with the plan. The two lakefront abutters are in favor of the proposal. The lot is in the Rural Residential zone and is approximately 0.41 acres. Because of the small size of the lot ,  the setback adjustment is necessary  to fairly utilize the lot. There is also a grade on a portion of the lot. The proposed garage would be near an existing well. The height of the structure would be no more than 25’. An area has been staked out for a future house, but has not been designed at this time. Alex Kish has had the property surveyed. The proposed garage is 36’ x 25’. He gave an explanation of what his vision is for the house. He does not have actual plans for the house. He has positioned the proposed garage so that it would line up with the house. At first the plan was to have the garage parallel  with the road and then it was decided  to line it up with  the house. There would still be a 12.5’ setback from the road. The Board felt that the applicant could move the placement of the garage closer to the well. The garage design  has not been completed.   It was also suggested that the size of the garage could be reduced. There was discussion of where a boat might be parked. There was also discussion concerning the location of a path or walkway. Peter Urbach felt that the applicant could further think about his plans. The applicant wanted maximum  relief.  James Lyons feels that a 25’ setback on the existing lot would restrict the land owner. Near the end of the hearing , it was realized that the requests should have been two separate cases. It was decided to separate the requests and 07-6 will apply to the side setback. 07-6A will apply to the front setback and the applicant will need to reapply for Case # 07-6A. James Lyons made a motion to approve the request of Alex Kish . Case # 07-6 for a Special Exception from Art. III. 3:50 C. to reduce the side setback dimension from 25’ to 12.6’ in order to accommodate construction of a new garage as per plans presented at 346/348 Bay Pt. Rd. Sunapee. Svend  Filby  seconded the motion. There were two affirmative votes and two
negative votes. Since there was a tie vote, the motion was not approved. .

ZBA MINUTES                                             Page 3.                                 3 / 8 / 07.

The applicant decided to withdraw his application.

Case # 06-8, 9 and 10. Robert and Shannon Krieger. Map # 113. Lot # 33. Requesting a one year extension from March 9, 2006 on the stated cases. 10 Ridgewood Pt. Rd. Sunapee. James Lyons made a motion to allow the one year extension for one Special Exception from Art. III. 3:50 C and two Variances from Art. III 3:10 and 3:40 C  for Robert and Shannon Kreiger. Cases 06-8, 9 and 10. Map # 113. Lot # 33. 10 Ridgewood Pt. Rd. Sunapee. Alex  Kish seconded the motion. There were five yes votes.

The Board addressed  the positions of members. Svend  Filby , as an alternate, was next in line to move up to a regular member. He preferred to continue as an alternate. Harry Gazelle , alternate , was willing to  become a regular member in place of Richard Guyer.
James Lyons made a motion to appoint Harry Gazelle to fill out Richard Guyer’s term . Alex Kish seconded the motion. All members present were in favor.

Mr. Bennie R. Cooper, a resident of Sunapee , was interested in becoming an alternate member of the Board. After interviewing  Mr. Cooper, Harry Gazelle made a motion to appoint Bennie R. Cooper as an alternate to the Sunapee Board of Adjustment. Svend Filby seconded the motion. All were in favor.

The meeting adjourned at 9:10 P.M.


Respectfully submitted,                                              Date approved:

Edythe C. Dexter, ZBA Secretary                                                             

ALTERNATES:                                                ZONING BOARD OF ADJUSTMENT

SVEND FILBY                                                 PETER URBACH, CHAIRMAN                                            
             
 BENNIE R. COOPER                                      JAMES LYONS, VICE  CHAIRMAN                    

                                                                           ROBERT HENRY

                                                                            ALEX  KISH

                                                                            HARRY GAZELLE