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Zoning Board Minutes 2007/12/13
MINUTES

ZONING BOARD OF ADJUSTMENT
                                                           SUNAPEE, N.H.
                                                        December 13, 2007

MEMBERS PRESENT: Peter Urbach, Chairman, James Lyons, Vice Chairman, Robert Henry, Alex Kish, and Harry Gazelle, Alternates: Svend Filby, Bennie Cooper and Charles Balyeat.

Roger Landry was absent.

The meeting was called to order at 7:00 P.M. by Chairman, Peter Urbach.

There were no disqualifications. The regular members were voting on the cases.

There was no Planning Board report.

MINUTES:  The corrected minutes of September and October were passed to the members for their signatures. The minutes of November 8 were reviewed. There were
several corrections and the November 8 minutes are now corrected.

COMMUNICATIONS:   There were communications concerning some cases.

PUBLIC HEARINGS: Continued Case # 07-25. Gerry and Susan Farland . Map # 116. Lot # 15. Seeking relief in the form of a Special Exception. Art. III. 3:50 to reduce the setback at the edge of the R.O.W. from 25’ to 19’ to allow construction of a garage . 120 Mary’s Rd. Sunapee. There was some discussion. Roger at told  Mr. Farland that he did not need to be present. James Lyons made a motion to approve the request of Gerry and Susan Farland. Case # 07-25. Map # 116.  Lot # 15. for a Special Exception from Art. III. 3:50 C. to reduce the setback at the edge of the R.O.W. from 25’ to 19’ to allow construction of a garage at 120  Mary’s Rd. Sunapee. Alex Kish seconded the motion. The Board approves the case with the understanding that a Special Exception was not required .There were four yes votes and Harry Gazelle voted no

Continued Case # 07-28. 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 in Sunapee.  Frederick Green and John Chiarella presented the case. The applicant had received a permit from the State of  New Hampshire concerning the driveway. Robert Henry wanted to know what the principal use would be of the property. If there is any change of use, a new driveway application will be needed. Peter Urbach had talked with Roger and Roger had talked with William C. Chamberlain, from the Dept. of Transportation and the plan is adequate and safe. Harry Gazelle questioned the safety of the driveway. A letter had been received from Mr. Chamberlain in approval of the plan.
The letter will be included with the case. The applicant has acquired 20 feet of frontage on the Sugar Ricer. That 20 feet will be annexed to the existing Lot # 34-1. The applicant will need to go to the Planning Board for approval.  Robert  Henry made a motion to approve  the request of Liden Realty Trust. Case # 07-28. Map # 132. Lot # 34-1. for a Special Exception from Art. IV. 4:10 to manage and operate a marina on the property. 477 Rte. 11. Sunapee. This approval is given with three provisions. 1. The letter of November 28, 2007 from DOT approving the use of the driveway will be attached. 2. The water parcel of land from Frank Morse is consummated and annexed. 3. The Site Plan approval will be obtained from the planning Board. James lyons seconded the motion. There were five yes votes .

Case # 07-32. Richard Blackshaw and Justin Goodwin. Map # 107. Lot. # 29. Seeking relief in the form of a Special Exception., under Art. III. 3:50 B. To reduce the roadfront setback to 25’ from the center line of Lake Ave. 1104 Lake Ave. George’s Mills, N.H. No person was present to present the case and it was continued.  

Case # 07-29. Jon and Sheri Mellin. Map # 133. Lot # 40. Request for a rehearing.
Jon Mellin presented A letter and adjusted plan , dated December 4, 2007 to the Board. The applicant is seeking relief in the form of a Special Exception to reduce the side setback dimension from 15’ to 7 ½ ‘ To allow construction of an addition on the East side of the property. The request for the West side of the property was granted. The applicant wants to place a garage on the East side of the property. The Board suggested that the placement of a single car garage could be moved forward so that a Special Exception would not be necessary. It was also suggested that the architect could explore other options. The applicant  found that moving the placement of the garage forward would cause other problems. The problems are listed in the attached letter. The Board discussed the contents of the letter. Because of the problems , the applicant feels that the Board should rehear the case. Peter Urbach feels that the applicant should come to the Board with a new application. James Lyons made a motion to approve the request of Jon and Sheri Mellin, Case # 07-29. Map # 133. Lot # 40 to rehear the case. Robert Henry seconded the motion. There was one yes vote by James Lyons and four no votes.

The meeting adjourned at 8:30 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