MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE
November 8, 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.
There were no disqualifications. The regular members would be voting on the cases.
MINUTES: The minutes of October 11, 2007 were reviewed. Harry Gazelle made a motion to approve the minutes as corrected. James Lyons seconded the motion. All members were in favor.
There was no Planning Board report. There was one communication concerning a case.
PUBLIC HEARINGS; The continued Case 07-25. Gerry and Susan Farland . Map # 116 . Lot # 15 for a Special Exception was continued because no one was present to present the case.
Case # 07- 28. New Liden Realty Trust. Map # 132. Lot # 34-1. Seeking a Special Exception approval as per Art. IV. 4:10. To manage and operate a marina on this property 477 Rte 11. Sunapee. Frederick Green and John Chiarella present the case. This business would be located across from the Community Store. It would be located on Mill Court.The site has been used as a commercial entity for about twenty years. It is centrally located on Rt. 11 on the edge of the Village District. There is plenty of parking. It has been approved in the past for a mini golf course, apartments and retail stores. It has an existing septic system and is on Town water. The request for the use of the property will be an extension of the Burkhaven Boat Works facility , which is located in Burkhaven Bay, Sunapee. James Lyons questioned the
safety of access to the highway because of the slope. John Chiarella said that the property and the plan had been approved by the State. Bob Henry noted that the setback in the Village distance is 10 feet. The boat parking would be up to the boundary line. Boats would be pulling out into moving traffic. Peter Urbach read the regulations concerning safe highway access. Harry Gazelle made reference to Page 4 of the ordinance concerning a minimum of 75’ road frontage in the Village district. Bob Henry was concerned about the access road. James Lyons suggested that possibly the Case might be approved if a letter was received from the State highway Department. Peter Urbach said that the drawing presented did not reflect the property. Alex Kish said there should be more material information. There were three problems. Number one concerned highway access. Number Two was the lack of an accurate drawing to scale including the setback . It was not inclusive. Side setbacks
were not discussed. The Number three problem was that the boat storage is close to the highway. Bob Henry said he could not approve the request as presented. The suggestion was made to continue the case to the next meeting. Peter White, a member of the Planning Board, said the definition of a marina is on the water. It is a water front facility. Boat Storage is not permitted in the Village District. Boat and engine repair is permitted with a Special Exception. It was suggested that the applicant apply for a Variance. James Lyons made a motion to continue the case . Harry Gazelle seconded the motion. All members were in favor.
Case # 07-29. Jon and Sheri Mellin. Map # 133. Lot # 40. Seeking relief in the form of a Special Exception under Art. III. 3:50 C. To reduce the side setback dimension from 15’ to 7 ½ ‘ to allow construction of an addition on the East side of the property. 39 Lake Ave. Sunapee. Sheri Mellin and Bob Reno presented the case. The proposed 1 car garage would be on the East side of the property. The area to the East of the existing building is occupied by a driveway. There would be 511 square feet of a new footprint , including the garage and the addition to the West side of the building. Some of the driveway would be taken out of service. Bob Henry feels that the architectural design takes up the whole lot. Alex Kish agrees. Harry Gazelle felt that the lot could be better utilized to build a
garage without granting an exception. Jay Hannon., abutter on the left side of the said property expressed his concerns. He feels that the proposed enlargement with a 7 ½’ side setback will be a hardship to him. He does not feel that a Special Exception should be granted. Bob Henry feels that the new construction will be too close to the road. Alex Kish made a motion to approve the request of Jon and Sheri Mellin, Case # 07-29. Map #133. Lot # 40 . for a Special Exception under Art. III. 3:50 C to reduce the side setback dimension from 15’ to 7 ½’ to allow construction of an addition on the East side of the property. 39 Lake Ave. Sunapee. Robert Henry seconded the motion. There were 2 yes votes, 2 no votes and one abstention.The request was denied. Either locations for the garage are possible with less infringement and therefore the exception is not necessary to utilize the lot .
Case # 07-30. Jon and Sheri Mellin. Map #133. Lot # 40. Seeking relief in the form of a Special Exception under Art. III. 3:50C. To reduce the side setback dimension from 15’ to 7 ½’ to allow construction of an addition on the West side of the lot. 39 lake Ave. Sunapee. The proposed new family room would be 289 square feet of a new footprint. The addition complies with the height restriction. There is a lot that is a right of way to the West. Mr. Hannon said there is no right of way. An easement was given . Robert Henry said that where the Mellins want to put an addition was previously the location of a deck. The applicants also want a fireplace. Robert Henry made a motion to approve the request of Jon and Sheri Mellin , Case # 07-30. Map # 133. Lot # 40 for a Special Exception under Art. III. 3: 50 C. To
reduce the side setback dimension from 15’ to 7 ½’ to allow construction of an addition on the West side of the lot. 39 Lake Ave. Sunapee. Alex Kish seconded the motion. There were three yes votes and two no votes. The request was approved. Two abutters on the West side expressed concern and were against granting the exception.
Case # 07-31. John and Suzanne McMahon. Map # 118. Lot # 59. Seeking relief in the form of Special Exception. Under Art. III. 3:50 I. To raise the roof line on the existing home to accommodate construction of a second floor. No additional bedrooms are planned. 52 Burma Rd. Sunapee. The owners will add one bathroom upstairs, but no bedrooms. They also want to move the laundry from the basement up to the first floor. They will also move the two existing bedrooms to the second floor with new stairs. They plan to raise the roof to have full height bedrooms and bath on the second floor. Mr. William Griffin , abutter supports the McMahon’s plans. Harry Gazelle made a motion to approve the request of John and Suzanne McMahon. Case # 07-31. Map # 118. Lot # 59. for a Special Exception from Art. III. 3:50 I .To raise the
roofline on the existing home to accommodate construction of a second floor. No additional bedrooms are planned. 52 Burma Rd. Sunapee. James Lyons seconded the motion. There were five yes votes.
The meeting adjourned at 8:55 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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