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Zoning Board Minutes 2006/04/13

MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
      
April 13 , 2006

MEMBERS PRESENT: JAMES LYONS, VICE CHAIRMAN , PETER URBACH, DON WEATHERSON, RICHARD GUYER, ROBERT HENRY, ALTERNATES,  ALEX KISH , SVEND FILBY AND  HARRY GAZELLE AND ROGER LANDRY , ZONING ADMINISTRATOR.

The meeting was called to order at 7: 05 P.M. by Vice Chairman, James Lyons.

The second item on the agenda was election of Chairman and Vice Chairman .
Robert Henry nominated Peter Urbach as Chairman. Richard Guyer seconded the motion. Richard Guyer nominated James Lyons as Chairman . Don Weatherson seconded the motion. Don Weatherson made a motion that the highest number of votes would be the Chairman and the next highest vote would be Vice Chairman. Richard Guyer second the motion and all members were in favor. There were six votes for Peter Urbach , making him Chairman and two votes for James Lyons, making him Vice Chairman.

Peter Urbach  then presided  at the meeting as Chairman.

Harry Gazelle, Peter Urbach and Alex Kish went to the conference in Concord. Mr. Gazelle gave a report on the conference and handed out material concerning changes in the requirement for variances. Peter Urbach said that the Board had already adopted the changes from the counsel. There was some discussion concerning use and area variances.
There will be a new report on variances when it is officially modified.

Chairman, Peter Urbach requested that Secretary prepare a new member, address list and include e-mail addresses.
 
MINUTES :  The minutes of  March 28, 2006 were reviewed. Don Weatherson made a motion to accept the minutes as printed. James Lyons seconded the motion. The vote was in the affirmative.

PUBLIC  HEARINGS :  7:25 P.M. Case # 06-12 Avis Buecking. Map # 127 . Lot # 4 for a Variance from Art. III. 3:40 C. To reduce the lakefront setback from 50’ to 36’ to accommodate construction of a new entrance at 23 Clearwater Dr. Sunapee was voided by a vote of the Board. There were changes in the plan to allow a Special Exception on Case # 06-13. Avis Buecking. Map # 127. Lot # 4 instead of a Variance. Frank Wiggins presented the case.
The Special Exception is from Art. III. 3:50C. To reduce the side setback from 15’ to 12’ to accommodate new entry way at 23 Clearwater Dr. Sunapee. A deck will be built from


ZBA MINUTES                                          Page 2.                                  4 / 13 / 06

the parking lot. The Public part of the hearing closed at 8:10 P.M. There was no further discussion.
Don Weatherson  made a motion to approve the request of  Avis Buecking. Case # 06-13
Map # 127. Lot # 4 for a Special Exception. Art. III. 3:50 C. to reduce the side setback from 15’ to 12’ for a new entry way at 23 Clearwater Dr. Sunapee. Robert Henry
seconded  the motion. There were five yes votes.

Case # 06- 14. Paul and Debbie Biehl. Map # 146. Lot # 48. Variance. Art. III. 3:40 G. Requesting relief from the 50’ water front setback to add a deck in place of existing walkway within the 50’ area. 350 Bay Pt. Rd. Sunapee. Mr Biehl presented the case.
The plan is to take out the elevated walkway and both of the lower walkways. There will be a patio on the ground floor. There will be a stepping stone kind of walkway. There will be a bridge over the stream. The plan will be 90 sq. feet less non-conforming. The elevated walkways will be eliminated. There will be a stonewall to the right of the house that will be under 42 inches. The requested deck will be on the east side of the property and will be six feet away from the stream. George Pelletier is working with Mr. Biehl on the placement of  walkways. The patio will support the deck. There will be placement of vegetation. The Public part of the hearing  closed at 7: 55 P.M. Mr. Biehl went through
the five points of the Variance. James Lyons made a motion to approve the request of Paul and  Debbie Biehl. Case # 06-14. Map # 146. Lot  # 48. Variance. Art. III. 3:40 G. for relief from the 50’ water front setback to add a deck in place of existing walkways  within the 50’ area. 350 Bay Point Rd. Sunapee.  This is granted contingent on removal of existing wooden walkways. Don Weatherson seconded the motion. There were five yes votes.

Case # 06-15. William B. Stockwell . Map # 103. Lot # 2. Variance. Art. III.3:10. Reduce the 50’ roadfront setback requirement of a replacement residential structure within 44’ of the center line. 96 Oakridge Rd. George’s Mills. The structure will be 31 feet from the lake. The owner has combined  two lots to allow for the construction. There is an existing 26’ x 26’ , one story house on the northerly part of the lot. It is 24’ from Otter Pond. The buildings and deck are within the 50’ water setback. The property is on town sewer and seasonal town water. Mr. Stockwell plans to build a  two story , 36’ x 30’ house back 31 feet from the pond. He will tie into the existing town sewer. He also plans to put in a well on the east side of the house.  There will be a 11’ deck 25’ from the pond. The lot  drops steeply from the road. He plans to restore the area toward the pond with vegetation. A walkway will be removed. Pelletieri Associates Landscape architects have been hired to design and restore the pond side area. The plan is to shift the proposed structure as far away from the pond as possible. The parking area will be off Oakridge Rd. Robert Henry made a motion to approve the request of William B. Stockwell. Case # 06-15. Map # 103. Lot # 2. for a Variance. from Art. III. 3:10 to reduce the 50’ roadfront setback requirement of a replacement residential structure within 44’ of the center line of 96 Oakridge Rd. George’s Mills. Richard Guyer seconded  the motion. There were five yes votes.

ZBA MINUTES                                            Page 3.                             4 / 13 /  06.

Case # 06-16. William B. Stockwell. Map # 103. Lot # 2. Variance. Art. III. 3:40 C. Reduce the 50’ lakefront setback requirement for construction of a residential structure. 96. Oakridge Rd. George’s Mills. The Board  discussed the proposed plans for the house building  in the preceding case.  Richard Guyer made a motion to approve the request of William B. Stockwell. Case # 06-16. Map # 103. Lot # 2. for a Variance . Art. III. 3:40 C. to reduce the 50’ lakefront setback requirement  for construction, as per plan submitted , for  a new residential structure. 96 Oakridge Rd. George’s Mills. Don Weatherson seconded the motion. There were five yes votes.
 
Richard Guyer made a motion to adjourn at 9: 15 P.M. James Lyons seconded the motion. All members were in favor.

Respectfully submitted,                                              Date approved:

Edythe C. Dexter, ZBA Secretary                                                             

ALTERNATES:                                                ZONING BOARD OF ADJUSTMENT

ALEX  KISH                                                     PETER URBACH, CHAIRMAN
                                                   
SVEND FILBY                                                  JAMES LYONS, VICE CHAIRMAN

HARRY GAZELLE                                           DON   WEATHERSON                                

                                                                            RICHARD GUYER
                                                                            
                                                                            ROBERT HENRY