MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE
October 11, 2007
MEMBERS PRESENT : Peter Urbach, Chairman, James Lyons, Vice Chairman, Robert Henry, Alex Kish, Harry Gazelle , Alternates; Bennie Cooper and Charles Balyeat.
Roger Landry and Svend Filby were absent.
The meeting was called to order at 7 P.M.
MINUTES : The minutes of August 9 were approved and signed.
The Board then went over the September 13 minutes. There were three corrections. Line 56 was deleted. Line 58 was changed to read, “ Harry Gazelle asked about the height of the proposed building at the point of encroachment which turned out to be 29’ instead of 25 .” On line 90, the sentence will read, “ The monkeys that that she has had in the past were rescued or confiscated from various owners. Harry Gazelle made a motion to approve the minutes as corrected. James Lyons seconded the motion . The vote was in the affirmative.
PLANNING BOARD REPORT: The Chairman gave the report of September 6th. The LSPA / Sandra Rouse Site Plan Review was approved. George Neuwrit 9 River Rd, Site Plan Review was approved. The merger of Eric & Maria Rieders of 90 Oak Ridge Rd was approved. There were two consultations. J. Chiarella , Jr. request for a Shoreline change was approved. Lois Gould’s request for Boat Storage across from the community store was denied.
Roger said that Applicants should file their surveys with the County Registar There was some discussion. Harry Gazelle made a motion that whenever the Board requires the applicant to provide a survey to the Board, the applicant must file the survey with the Register of Deeds. Robert Henry seconded the motion. Four members were in favor.
Alex Kish abstained.
PUBLIC HEARINGS: Continued Case # 07-23. Robert Philbrick. Map # 210. Lot # 52. Seeking a Special Exception as outlined under Art. IV. 4:10. to operate a Kennel/shelter for exotic pets in a Rural Zone. 94 Trow Hill. Chairman, Peter Urbach said that the members who were at the hearing on the previous meeting should be the ones to vote on this case. Robert Henry objected and felt that he had a right to vote , even though he was not at the previous meeting. The rest of the Board felt that the attending members at the September meeting should vote on this case. The members voting on this case were James Lyons, Alex Kish, Harry Gazelle , Bennie Cooper and Charles Balyeat.
Mr. Philbrick presented the case. Mr. Lynn F. Fisher, DVM and Sgt. Brian Suttmeier of the N.H. Fish and Game Department were present to advise the Board .At present there are four Capuchin monkeys in Ms. Sherry Perras care. They are pets. She has all the neccessary permits. She is grandfathered to care for these animals . Sgt. Suttmeier has inspected the facility. The animals are in cages. There are wire enclosures on both sides of the cages. The entrance to the facility has a second door to enter. Sgt. Suttmeier feels that Sherry Perras has done a good job in caring for the monkeys. Harry Gazelle was concerned about the possibility of the spread of virus with the monkeys. It was stated that humans can spread germs to the animals. Ms. Perras does not permit other people to come in contact with the animals. She
is very protective of them.
Lynn F. Fisher, DVM explained to the Board of his role in the care of the monkeys. He has been involved in the care of these pet monkeys for approximately 20 years. He stated that he is impressed with the care that Sherry gives the pets. When needed she seeks veterinary help. Dr. Fisher stated that the monkeys are maintained in safe and humane cages, fed well and nutritiously , cleaned regularly and thoroughly. They have excellent care. Dr. Fisher has had extensive involvement with lab monkeys. Alex Kish presented
a two page review of his opinions on this case. He said that the shelter is mobile The shelter is being used is an accessory structure. The Town does not regulate pets, either exotic or domestic. The State does regulate the keeping of wild animals. Ms. Perras is a valuable resource to the Department of Fish and Game. Mr. Philbrick and Ms. Perras can keep pets by right under current zoning . Bob Henry stated that the Board should not be voting because it wasn’t a ZBA issue. Copies of the permits given to Ms. Perras are in the case file . Also, Alex Kish ‘s summation of the case are in the case file.
James Lyon made a motion to approve the request of Robert Philbrick. Case # 07-23 for a Special Exception as outlined under Art. IV. 4:10. to operate a kennel as an accessory use for exotic pets, limited to Capuchin monkeys. Bennie Cooper seconded the motion. There were four yes votes.
Case # 07-24. Gerry and Susan Farland. Map # 116. Lot # 15. Seeking relief in the form of a Special Eception. Art. III. 3:50 C. to reduce the side setback dimension from 25’ to 13’ to allow construction of a new garage. 120 Mary’s Rd. Sunapee. Mr Farland presented the case. The driveway will go to the right side of the property between Gentiles property and the Farland property. Mr. Farland needs room for the leach field and drainage all around. He hopes to build so that they can come out of the garage and directly into the house. The plan is for a one story house. The driveway will not go over the leachfield. The perk test has been done. With the garage , Mr. Farland will have more room for his construction materials and for 4 vehicles. Harry Gazelle made a motion to approve the request of Gerry and Susan Farland .Case # 07-24. Map # 116. Lot # 15. Reduce the side setback dimension from 25’ to 13’ to allow construction of a new garage. 120 Mary’s Rd. Sunapee. Robert Henry
seconded the motion. There were five yes votes.
Case # 07-25. Gerry and Susan Farland. Map # 116. Lot # 15. Seeking relief in the form of a Special Exception .Art. III. 3:50 C. to reduce the side setback at the edge of the R.O.W. from 25’ to 19’. To allow construction of a new garage. 120 Mary’s Rd. Sunapee. There was conversation concerning where the measurement should be from the center line to the R.O.W. The members did not find the exact regulations in the ordinance. If the 25’ is accurate, then the Board felt that maybe the applicant did not need the Special Exception. This case is continued to be reviewed by Roger Landry.
Case # 07-26. Gerry and Susan Farland. Map # 116. Lot # 15. Seeking relief in the form of a Special Exception. Art.III. 3: 50 C. to reduce the side setback dimension from 25’ to 20’. 8” to allow construction of a replacement residential structure . 120 Mary’s Rd. Sunapee. Robert Henry felt that this plan is one of the best plans he has seen for replacement of a building. He has no problem with the plans. James Lyons agrees with Robert. Harry Gazelle questioned the plan in relation to the Spirit of the Ordinance. The building will be one story. There was discussion of moving the proposed building further away from the lake. James Lyons made a motion to approve the request of Gerry and Susan Farland. Case # 07-26. To reduce the side setback dimension from 25’ to 20’.8 “ to allow
construction of a replacement residential structure. 120 Mary’s Rd. Sunapee. Alex Kish seconded the motion. There were five yes votes.
Case # 07-27. Gerry and Susan Farland. Map # 116. lot # 15. Seeking relief in the form of a Variance. Art. III. 3:40 C. to reduce the lakefront setback dimension from 50’ to 27.2’ to allow construction of a replacement residential structure and improving existing encroachment conditions. 120 Mary’s Rd. Sunapee. Alex suggested it would be good if the entire structure was behind the 50’ line. Gerry said they are reducing the setback from the lake. Other buildings are right on the shore. Robert Henry made a motion to approve the request of Gerry and Susan Farland. Case # 07-27. to reduce the lakefront setback dimension from 50’ to 27.2’ to allow the construction o f a replacement residential structure and improving existing encroachment conditions as per plan submitted, 120 Mary’s
Road. Sunapee. James Lyons seconded the motion. There were four yes votes. Alex voted no.
The meeting adjourned at 9 P.M.
Respectfully submitted, Date approved___________.
Edythe C. Dexter, Zoning Secretary ZONING BOARD OF ADJUSTMENT
ALTERNATES: PETER URBACH, CHAIRMAN
SVEND FILBY JAMES LYONS
BENNIE COOPER ROBERT HENRY
CHARLES BALYEAT ALEX KISH
HARRY GAZELLE
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