MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
AUGUST 23, 2005
MEMBERS PRESENT: PETER WHITE, CHAIRMAN , VICE CHAIRMAN, JAMES LYONS, PETER URBACH, RICHARD GUYER, ALTERNATE, ROBERT HENRY AND ZONING ADMINISTRATOR, ROGER LANDRY.
Don Weatherson was absent.
Robert Henry was designated to vote in place of Don Weatherson.
The meeting was called to order at 7:04 P.M. by Chairman, Peter White.
MINUTES : The minutes of July 26 were reviewed. There was one correction. On the top of page 4, an incomplete sentence was deleted. Richard Guyer made a motion to accept the minutes, with one correction. Jim Lyons seconded the motion. All were in favor.
COMMUNICATIONS: There were none.
PLANNING BOARD REPORT: Roger Landry reported on the recent summer town meeting. The self storage project between the Zerbel and Smith properties on Rt. 103 was approved. The Diane Perkins and Christopher Domian sub-division and annexation was approved. A lot line / annexation was approved for Raymond and Lillian Nutting. The Fred Kulow property on Rt. 11 , which runs a wholesale Cosmetic company, had an updated site plan review and extra parking. They are up to 25 employees. This was approved. The Segal family requested a tree cutting permit to cut about 30 trees. This request was approved. The site plan for the Woodbine and four condos was postponed.
PUBLIC HEARINGS: 7:15 P.M. Continued Case #05- 26. Richard Bascom. Map #121. Lot 27. Variance. Art. III. 3:10. Reduce roadfront setback to 30’ for new construction at Lot #27. West Shore Rd. Sunapee. Peter White offered to recuse himself if the Board felt there was any conflict of interest. The Board did not feel there was any conflict and the Chairman will preside. The Chairman also shared with the Board that there is a deed concerning the covenants of the Fernwood development. The covenant says that no building will be constructed within fifty feet of the main highway leading to Fernwood . Atty.Susan Berke addressed the problem. She read the deed and referred to Lot #29 and the access to lots. Fernwood Point was considered the main road. The front
of the property is to Fernwood Pt Rd. The access to the new construction will be off West Shore Rd. Roger read the definition of a front setback from the ordinance. Mr. Bascom is in compliance with the deed restriction of a 50 foot setback.
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West Shore road was a private right of way until the Town put in the sewer line. At that time, it became a Town road and Town maintained. The access to the front of Lot #27 is Fernwood Pt. Rd. The back of the lot will be West Shore Rd. Atty. Burke had pictures of several properties in the development in which buildings were very close to the road.
An abutter stated that some of these buildings were built years ago. Lot #27 is a pre-existing, nonconforming lot. It is triangular shape. The applicant has reduced the dimensions of the proposed house . The house will be a single family home. It will be one and a half story in height. It will be 1800 square feet or less. The parking will be on the side of the house. The Chairman informed those present of the change in the third requirement of hardship that the State has issued. The shape of the lot is difficult to meet the setbacks. Lot #27 is a buildable lot and was sold to Mr. Bascom as a buildable lot.
The proposed new house would not diminish the value of other properties. It will not be unsafe. Margaret Thompson thinks that Mr. Bascom should annex lots. Frances Harris questioned any reference to older houses and only having the Ordinance apply to new construction. The Chairman referrrd to all of the nonconforming lots in Town. There was further discussion which did not concern the particular case. The Chairman finally said that he did not want to hear anything except what pertained to this case. The Public part of the hearing closed at 8:23 P.M. Jim Lyons feels that the case goes against the spirit of the ordinance. He also said he does not think there is any hardship. Mr. Robinson sold the land to Mr. Bascom as a buildable lot. Peter Urbach
stated that when a an applicant requests a variance, the ownership of the adjoining property is not relative. Bob Henry said that each case is individual and the Board treats each case in that manner. He feels that 1800 feet of house is acceptable. Peter White feels that the poposed building would be comparable to other houses in the area. Roger Landry figured there would be about 22% coverage on the lot. Bob Henry also felt that the storage of boats and trailers park on empty lots was detrimental to the neighborhood. There was no further discussion. Richard Guyer made a motion to approve the request of Richard Bascom . Case #05-26 . Map #121. Lot #27. Variance Art. III. 3:10. Reduce the roadfront setback to 30’ for new construction. Lot #27 . West Shore Rd. Sunapee. James Lyons seconded the motion There were four yes votes. James Lyons voted against the motion. There will be no decks or porches on the building.
Case #05-40. Richard Bascom. Map #121. Lot #27. Special Exception. Art. III. 3:50 C. Reduce side setbacks to 15’ and 12’6” for new construction. Lot #27 West Shore Rd. Sunapee. Peter White read section 3:50 C of the ordinance. The request for the 15’ is on Mr. Robinson’s side. The other side is 12’6”. The design of the house has been reduced. Mr. Bascom has a right to fairly utilize the lot. He tried to center the structure so that the setback would not be over 25’. David Page does not believe the Special Exception should be granted. Bob Henry feels that the revised plan is a more reasonable plan. The lawyer and applicant feel that the design that has been proposed is consistent to the spirit of the ordinance and will fit into the triangular lot. The
adjustment is needed for the proposed
modest house. They have tried to center the proposed house on the lot.
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The height can not be more than 25’. The members did not have any further comments . Mr. Paige reiterated that the presented plan was similar to the plan that was denied in May . He also when over the purpose of the Zoning Ordinance. The property is in district III. Mr Page said this district was supposed to be low density housing. He described other Districts and their character. He then sited that the smaller size lot was purchased with the idea of putting a house on it, instead of annexing other adjacent properties. He also said that Mr. Bascom wanted to create a dense area and have less space between houses. The residents got together and decided that they wanted a less dense area and are opposing Mr. Bascom’s plan and right to build on his property. He is requesting that the Board not grant the
Special Exception. Robert Landry went over the criteria for a Special Exception He also emphasized that the proposed plan is for a residential use and is consistent with the Master Plan and the Zoning ordinance. Mr Page is arguing over the dimensional plan. The dimensional controls are on page 4 of the ordinance. He says that it is not a use concern. They . the neighbors , do not want anyone to build on the wooded area across from their properties , which some of them also own. The map shows that there are many houses in the Fernwood development. The residents do not want West Shore Rd. to look
like Ridgewood Rd. Mr. Paige seems to think that a defacto change in the Ordinance is occurring with this case. The Chairman said the request is not changing the ordinance.
One member asked if Mr. Page was talking about changes from one district to another. the answer was yes. Bob Henry feels that there is some confusion between the Master Plan and the Zoning Ordinance, the village areas, etc and the zoning restrictions. The Master Plan was a long process with the goal of looking to the future of the Town. It was not formulated in a small gathering. It was approved by the Town. He used the example of sub-dividing 100 acres.. The owner would have to go to the ZBA and meet all requirements, whereas on preexisting lots, there is nothing that anyone can do to force anybody to say that you need an acre and a half to build on because they own the lot. He says that the Fernwood development was already destroyed with the size and numbers of lots that were planned in the first place. The
ZBA can not change what has already been done. The Public part of the hearing closed . Peter Urbach made a motion to approve the request of Richard Bascom. Case #05-40. Map #121. Lot #27. Special Exception.Art. III. 3:40B. Reduce the side setbacks to 15’ and 12’ 6” for new construction.. Lot #27 West Shore Rd.. Sunapee. Richard Guyer seconded the motion. There were three yes votes. Peter White and James Lyons voted against the motion.
Case #05-45. John and Deborah Melby. Map #233. Lot #21. Variance. Art. III. 3:40 B. To construct a leachfield closer to then 100’ to Wetlands. 28 Bradford Rd. Sunapee. Mark Moser , representing the Melbys presented the case. There is an old house on the proeperty, It has a failing septic system. The setback would be 50 to 51 ‘ closer to the Wetlands. The State rule is is 50’ from the poorly drained area. . The property is between two highways. A waiver was granted in 1967 that there could not be any increase in the number of bedrooms or seasonal use. The owners do have community water. After discussion, the public part of the hearing closed at 9:40 P.M. James Lyons made a motion
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to approve the request of John and Deborah Melby . Map #233. Lot #21. Variance. Art. III. 3:40 B. To construct a leachfield to 51’ from the Wetlands. 28 Bradford Rd. Sunapee. Peter Urbach seconded the motion. There were five yes votes.
Case #05-46. Cooper St Partners,LLC. Map #211. Lots #11, 12. and13. Appeal of the decision of the Zoning Administrator. The Lawyer involved with this appeal requested that the case be transferred to the September 8th meeting.. The Board approved.
The meeting adjourned at 9:45 P.M
Respectfully submitted, Date approved:
Edythe C. Dexter, ZBA Secretary
ZONING BOARD OF ADJUSTMENT
ALTERNATE: PETER WHITE, CHAIRMAN
ROBERT HENRY . JAMES LYONS , VICE CHAIRMAN
PETER URBACH
DON WEATHERSON
RICHARD GUYER
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