MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE
September 13, 2007
MEMBERS PRESENT : Vice Chairman, James Lyons, Alex Kish, Harry Gazelle, Alternates: Bennie Cooper and Charles Balyeat and Roger Landry, Zoning Administrator.
James Lyons was acting Chairman. Peter Urbach, Robert Henry and Svend Filby were absent.
The meeting was called to order at 7:05 P.M. Peggy Chalmers, Planning Board Chairman spoke to the Board concerning the upcoming Special Planning Session to be held Saturday, Sept. 22nd, 2007 at the Safety Services Building from 8:30 to Noon. This meeting is to develop the Town’s Land Use Plan and to draft a Vision Statement for Sunapee’s Master plan. Every one is urged to attend.
Benny Cooper was designated to vote in place of Peter Urbach on all the cases.
Charles Balyeat was designated to vote in place of Robert Henry on all cases .
MINUTES; The minutes of August 9 were reviewed. There were some corrections which will appear on the corrected minutes. Harry Gazelle made a motion to approve the minutes of August 9 as correctecd. Alex Kish seconded the motion. All members were in favor.
PLANNING BOARD REPORT: Roger Landry reported on the following cases. Michael Hogan and Belinda Whittemore’s sub-division and annexation on Keyes Rd was approved .( the property is located on ledge pond ). A merger was approved on the same property.
The Knowlton House at 63 Main St. was approved for a subdivision and merger and will need a Site plan review. This was the property of Sandra Rowse.
The property of David F. Coury on Garnet Hill Rd. was approved for a 2 lot subdivision .
Cello Partnership d/b/a / Verizon for Margaret Dunbar off Rte 11 for the installation and Operation of a 110’ Personal Wireless Service Facility Tower was approved.
PUBLIC HEARINGS; Case # 07-20. David L. Beardsley . Map # 106. Lot # 52. Seeking relief in the form of a Special Exception from Art. III. 3:50 B. to reduce the roadfront setback from 50’ to approximately 20’ from the edge of the ROW in the Rural Residential Zone. 19 Westwood Rd. George’s Mills. Mr. Beardsley with some help from Mr. Usko presented the case. Mr. Beardsley’s brothers are in favor of the plans. No abutters were present. The project involves replacing the existing structure with a new 4 bedroom house with a 2 car garage, using the existing footprint. Mr. Beardsley showed pictures of the existing property. All members present had viewed the property. A motion was made by Harry Gazelle to approve the request of David l. Beardsley , Case # 07-20. Map # 106.
Lot # 52. for a Special Exception from Art. III. 3:50 B. to reduce the roadfront setback from 50’ to approximately 20’ from the edge of the ROW in the Rural Residential Zone. 19 Westwood Rd. George’s Mills. Bennie Cooper seconded the motion. There were five affirmative votes.
Case # 07-21. David L Beardsley. Map # 106. Lot # 52. Seeking relief in the form of a Special Exception as per Art. III. 3:50 C. To reduce the side setback from 25’ to 14’ for reconstruction of a residential dwelling in the Rural Residential Zone. 19 Westwood Rd. George’s Mills. The proposed building will not be “ grandfathered “ because it will not be built in like kind. Harry Gazelle asked about the height of the proposed building at the point of encroachment which turned out to be 29’ not 25’ One story will be added. The roof will be clipped by 4’ to accommodate a 25’ foot requirement on the West side of the house.
Bennie Cooper made a motion to approve the request of David L. Beardsley. Case # 07-21. Map # 106. Lot # 52 . Special Exception. Art. III. 3:50 C. to reduce the side setback from 25’ to 14 ‘ for the reconstruction of a residential dwelling with the condition that the roof line will be clipped to allow a maximum of a 25’ height at the start of the side line encroachment in the Rural Residential Zone. 19 Westwood Rd. George’s Mills. Alex Kish seconded the motion. There were five affirmative votes.
Case # 07-22. David L. Beardsley. Map # 106. Lot # 52. Seeking relief in the form of a Variance from Art. III. 3:40 C. To reduce the lake front setback from 50’ to 42’ to reconstruct a residential dwelling in the Rural Residential Zone. 19 Westwood Rd. George’s Mills. There will be a 46 sq. foot reduction in the encroachment of the Lake.
The roof on the East side of the roof may have to be clipped. Alex Kish asked about excavating to put in frost walls. The plan is to work from the inside out and there will be very little disturbance . The applicants will try to avoid excessive disturbance . They also want as little disturbance of trees as possible. Bennie Cooper made a motion to approve the request of David L. Beardsley . Case # 07-22. Map # 106. Lot #52. for a Variance from Art. III. 3:40 C. to reduce the lake front setback from 50’ to 42’ with the condition that the roofline can not exceed 25 feet in height at the point of encroachment for the reconstruction of a residential dwelling in the Rural Residential Zone. 19 Westwood Rd. George’s Mills. Harry Gazelle seconded the motion. There were 4 affirmative votes and one no.
Case # 07- 23. Robert Philbrick. Map # 201. Lot # 60. Seeking a Special Exception as outlined under Art. IV. 4:10 to operate a Kennel / shelter for exotic pets in a Rural Residential Zone. 94 Trow Hill Rd. Sunapee. A 28’ x 8’ trailer is being used to house the monkeys. They each have their individual cage. Sherry L. Perras is the Permitte. She has been involved with the animals for 36 years. She is licensed by USDA. Permit.. She also has a State of New Hampshire permit and a licensed veterinary. The cages are doublr locked. Ms. Perras deals with Lt. Bruce Bonenfant of the State Fish and Game Department. The monkeys that she has had in the past were rescued or confiscated from various owners.. She first checks the health of the animals. They are quarantined for 30 days. She then works to find good homes
for the animals at zoos. Roger said that it is up to the Board to decide if the present facility is a good home for the monkeys and especially during the winter. Charles Balyeat believes caging the animals is inhuman treatment. There was some concern about the animals getting loose. Mr. Balyeat feels there should be more information and visitation of the facility. After further discussion, it was decided to continue the case to October 11.. It was decided that Zoning members could visit the facility by making an appointment in advance with Mr. Philbrick. Ms. Perras needs to be present. Charles Balyeat made a motion to continue Case # 07-23 of Robert Phlibrick Map # 201. Lot # 60. to the October 11 meeting. Case # 07-23 will be first on the agenda. Harry Gazelle seconded the motion. There were 4 affirmative votes. And one no.
The meeting adjourned at 8:35 P.M. Date approved _______________.
Respectfully submitted,
Edythe C. Dexter, Zoning Secretary ZONING BOARD OF ADJUSTMENT
ALTERNATES : PETER URBACH, CHAIRMAN
SVEND FILBY JAMES LYONS, VICE CHAIRMAN
BENNIE COOPER ROBERT HENRY
CHARLES BALYEAT ALEX KISH
HARRY GAZELLE
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