MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
MAY 11, 2006
MEMBERS PRESENT: PETER URBACH, CHAIRMAN, JAMES LYONS, VICE CHAIRMAN , DON WEATHERSON, RICHARD GUYER , ROBERT HENRY, AND ALTERNATES, ALEX KISH AND HARRY GAZELLE AND ROGER LANDRY ZONING ADMINISTRATOR.
Svend Filby was absent.
The meeting was called to order at 7 P.M. by Chairman , Peter Urbach.
The Chairman read a letter from Atty. Timothy Bates concerning the reading of the variance criteria at hearings. The letter will be placed on file with the minutes of this meeting.
PLANNING BOARD REPORT : Roger Landry gave the report. The following cases were approved: John and Patricia Johnson, 77 Rt. 11 . Store for the Sale of Pool, Spa, antiques related items and seasonal selling of Christmas trees, New Liden Realty Trust, Sargent Rd. Annexation, New Liden Realty Trust, Sargent Rd. Two lot sub-division, James and Catherine Fadden, Winn Hill Rd., Two lot sub-division and Gretchen Lewis and Dayle Finn, Stagecoach Rd. Two lot sub-division. Rosemarie Digilio & Douglas McCahon Rosie’s Restaurant . 563 Rte. 103 –Site Plan Review , Seasonal Ice Cream Stand . Case continued, and New Liden Realty Trust. Prospect Hill Rd. Two Lot sub-division case was also continued.
MINUTES : The minutes of April 13, 2006 were reviewed. Robert Henry made a motion to approve the minutes as printed. Richard Guyer seconded the motion. All members were in favor.
PUBLIC HEARINGS : Case # 06-17. New Liden Realty Trust. Map # 206. Lot # 2. Special Condition. Art. IV. 4:31 b. Cross Wetlands for development purposes connected with A (2) lot sub-division . Prospect Hill Rd. George’s Mills. Charles Hirshberg presented the case. The proposed crossing involves wetlands and a stream. There is an existing stone crossing that will be replaced. Plans were presented. There will be a split in the driveway as the driveway comes down to Prospect Hill Rd. There will be two 24” culverts side by side. One lot will be approximately 2.7 acres and the other lot will be 1 acre. The crossing of the wetlands is subject to State approval. The Sunapee Conservation Commission has already signed off on the Wetlands application from the State. The
application is at DES presently for approval. The Public part of the hearing closed at 7:25 P.M. Don Weatherson made a motion to approve the request of New Liden Realty Trust. Case # 06-17. Map # 206. Lot # 2 for a Special Condition. Art. IV. 4:31 b.
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To cross Wetlands for development purposes connected with A (2) lot sub-division. Prospect Hill Rd. George’s Mills. N.H. This approval is contingent on the signed Wetlands application from the State. Richard Guyer seconded the motion . There were five yes votes.
Case # 06-18. John and Margaret Rooney. Map # 117. Lot # 6. Special Exception. Art. III. 3:50 I. Seeking relief to change the roofline and add one additional story for residential use. 114 Mary’s Rd. Sunapee. N.H. Mr. Rooney presented the case.
The plan is to jack up the existing building and add the additional story in the basement.
He will need to raise the cottage 6’. He wants to be above the water line. A long with this project of putting in a foundation , he will also be putting in a newly designed septic system , with the leach field being on his property across the road. The leach field will be more than 200’ from the pond. The septic system will be designed and installed according to Art. VII. 7:10.
Mr. Rooney will be excavating within the existing footprint to add the basement.
Robert Henry was concerned that the septic system be installed and then a building permit issued for the addition of a story. The Public part of the hearing closed at 7:45 P.M. Don Weatherson made a motion to approve the request of John and Margaret Rooney. Case #06-18. Map # 117. Lot # 6. Special Exception. Art. III. 3:50 I. Change the roofline and add one additional story for residential use. This is granted contingent on the design and installation of a State approved septic system and concurrent with the building of one additional story. 114 Mary’s Rd. Sunapee. James Lyons seconded the motion. There were five yes votes.
Case # 06-19. John and Margaret Rooney. Map # 117. Lot # 6. Variance. Art. III. 3:50 K-3. Seeking relief for construction of a second story with a 27’ height within the 50’ lakefront setback. 9 Perkins Pond) 114. Mary’s Rd. Sunapee. The second story will be on the lower part of the building. This will be done by jacking up the existing building , putting in a new foundation and basement and lowering the existing building back down. The roofline will not change. The building will be 27’ in height. He wants the cottage to be above the water line. There will not be a crawl space under the building. The Public part of the hearing closed at 7:55 P.M. The Board went over the criteria for the Variance.
Don Weatherson led the discussion on the requirements for the variance. The Board agreed positively on each requirement. James Lyons made a motion to approve the request of John and Margaret Rooney . Case # 06-19. Map # 117. Lot # 6. for a Variance from Art. III. 3:50 K-3. To raise the existing structure for a second story , contingent with an approved septic design from the State. The septic design will meet Art. VII. 7:10. 114 Mary’s Rd. Sunapee. Don Weatherson seconded the motion. There were five yes votes.
Case # 06-20. Matt and Mary. McNally . Map # 231. Lot # 36. Special Exception. Art. III. 3:50 G. Requesting approval to construct a 6’ high stockade fence 4’ from the
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property line in the backyard. 42 Pine Ridge Rd. Sunapee. Mr. McNally presented the case. No trees will be cut down. The property is in the Rural Residential district. The McNallys want a safe place for their children to play and a safe place for their dog and some privacy. The Public part of the hearing closed at 8:05 P.M. Robert Henry made a motion to approve the request of Matt and Mary McNally . Case # 06- 20. Map # 231 . Lot # 36. for a special Exception from Art. III. 3:50 G. to construct a 6’ high stockade fence, 4’ from the property line in the backyard. 42 Pine Ridge Rd. Sunapee. N.H. Richard Guyer seconded the motion. There were five yes votes.
Case # 06-21. Emerson Willard. Map # 134. Lot # 2. Variance. Art. IV. 6:12. Reconstruction of a 4 bedroom structure on a non-conforming lot . Increase the waterfront setback from 24’ 3” to 30’ 2” with the new house and garage. 197 Lake Ave. Sunapee. N.H. Kevin Rickard presented the case. The plan is to tear down the existing building and rebuild. The applicant wants to set the building back from the Lake. The building has not been designed as yet. A fact sheet was given to the members. The footprint will be increasing. Robert Henry was concerned that there is not a design yet. There are no elevation numbers. The plan is to remove a deck on the first floor. The plan is to remove all old stairways. Mr. Rickard emphasized that they can not violate any of the zoning restrictions. The area shown on some
drawings is for the new structure. Alex Kish questioned the slope of the land. Robert Henry questioned the 40’ drop for the driveway. The Public part of the hearing closed at 8:26 P.M. Richard Guyer made a motion to approve the request of Emerson Willard. Case # 06-21. Map # 134. Lot # 2 for a Variance . Art. IV. 6:12. Reconstruction of a 4 bedroom structure on a non-conforming lot. Increase the waterfront setback from 24’2” to 30’ 2” with the new house and garage. 197 Lake Ave. Sunapee. N.H. There is a condition that a clear set of drawings and fact sheets are provided . Don Weatherson seconded the motion. There were five yes votes.
Case # 06-22. Emerson Willard. Map # 134. Lot # 2. Special Exception. Art. III. 3:50 B. Requesting a deck along with the new house and garage. 197 Lake Ave. Sunapee. ( This was the request that was given the ZBA Office at the time that the ad went to the Argus.)
Mr. Rickard presented the case. He said that he was not requesting a deck. The plans were for a 4 bedroom house with a two car attached garage. The plan was to double the size of the existing house. The new home would be 10’ from the road. The Board was very concerned that the published explanation of the case and certified letters sent to abutters were misleading . Robert Henry said there should be a new application . This action would include a newspaper ad and certified letters to abutters. Don Weatherson made a motion to approve the request of Emerson Willard. Case # 06-22 .Map # 134. Lot #2. Special Exception. Art. III. 3:50 B. for a deck along with the house and garage. with submission of correct documentation . James Lyons seconded the motion. There were four no votes and the request
was denied because of incorrect data in the application form and incorrect summary statement on public notice.
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Case # 06-23. Peter and Nancy Bailey . Map # 120. Lot # 26. Special Exception. Art. III. 3:50 C. Reduce rear setback by 50% for unheated garage and storage building. 29 Nilsen Lane. Sunapee. N.H. The owners have talked with their abutters and they are in favor of the project. The property is in the is in the Rural Residential District. The rear setback will be 12’ 6”. The Public part of the hearing closed at 9:10 P.M. Robert Henry made a motion to approve the request of Peter and Nancy Bailey . Case # 06-23. Map # 120. Lot # 26. Special Exception. Art. III, 3:50 C .Reduce the rear setback by 50% for unheated garage and storage building. 29 Nilsen Lane. Sunapee. N.H. Richard Guyer seconded the motion. There were five yes votes.
Richard Guyer made a motion to adjourn the meeting. Don Weatherson seconded the motion. All present were in favor. The meeting adjourned at 9:30 P.M.
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
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