ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
October 12, 2006
MEMBERS PRESENT: CHAIRMAN PETER URBACH, VICE CHAIRMAN, JAMES LYONS, DON WEATHERSON, RICHARD GUYER, ROBERT HENRY, ALTERNATES: ALEX KISH AND HARRY GAZELLE AND ROGER LANDRY , ZONING ADMINISTRATOR.
Svend Filby was absent.
The meeting was called to order at 7:00 P.M.
The five regular members were voting on the cases.
There will be a administrative meeting on October 24 for the Zoning Board and Planning Board with Attorney Tim Bates.. The Boards will also review the Proposed Zoning Amendments for 2007. The proposed amendments were handed out to the members. Roger encouraged the members to contact him if they had questions or concerns.
PLANNING BOARD REPORT: Roger reported that the readjustment of a property line for Brandolini and Cassato was approved at the recent Planning Board meeting. Richard .Osborne’s case for boat storage was approved with conditions. A two lot sub-division on Scott’s Cove was approved. A merger on Bob Bell’s property was approved. A topical change on property on Fernwood Pt. Rd. was approved.
MINUTES: The minutes of September 26 were reviewed. On line 18 on the third page , there was a typo. The sentence should read “ At present there is a density of trees. Don Weatherson made a motion to accept the minutes as corrected. James Lyons seconded the motion The members approved the minutes.
PUBLIC HEARINGS : Case # 06- 42. John and Margaret Rooney. Map # 117. Lot # 16. Seeking a Variance from Art. III. 3:40 C. to reduce the lakefront setback from 50’ to 12’ for construction of a new deck . 114. Mary’s Rd. Sunapee. Mr. Rooney presented the case. At present he has his cottage raised up 10’ in order to put in a new foundation. He wanted to put a deck on the northwest side of the cottage. The proposed deck would be about 424 sq. feet. It would be 12’ to the shoreline. James Lyons spoke about the State rule of a 50’ setback from the shore waterfronts. He is not in favor of encroaching on the 50’ lakefront setback. The existing cottage is in the same footprint. Mr. Rooney said that the deck would be his only direct access to the second
floor. He is concerned about safety. The deck would be 8’ off the ground. Alex Kish felt that there are other reasonable ways to access the shore with patios, etc.
ZBA MINUTES Page 2. 10 / 12 / 06.
The public part of the hearing closed at 7:25 P.M. Dick Guyer made a motion to approve the request of John and Margaret Rooney. Case # 06-42. Map # 117. Lot # 16. for a Variance. from Art. III. 3:40 C. to reduce the lakefront setback from 50’ to 12’ for construction of a new deck. 117 Mary’s Rd. Sunapee. Robert Henry seconded the motion. There were five no votes. The motion was defeated. The reason for the denial was that a 8’ elevated deck of 420 square feet within the 50’ setback is not a hardship.
Case # 06- 43. Albert and Elizabeth Brown. Map # 135. Lot # 12. Seeking a variance from Art. III. 3:40 C. to reduce the lakefront setback from 50’ to 31’ for construction of a residential addition. 26 Lovejoy Lane. Sunapee. Harry Seidel / Alae Design presented the case. Doug Sweet of Bristol, Sweet & Associates Inc. licensed Land Surveyors and Civil Engineers was also present. The applicant wants to remodel and expand a 3 season porch that is located on the lake side of their Lovejoy Lane residence. The existing building was built in 1958 and falls partially within the 50’ setback. It was constructed before shoreline protection standards. The 50’ setback bisects 1/4 of the existing cottage.
The applicant also wants to upgrade the building’s structure, electric systems, HVAC and insulation to NH current codes. The applicant also wants to replace an existing pier foundation with a continuous concrete foundation along a portion of the building’s south wall ( 28 ft) and east wall (25ft). They also want to improve the property’s storm water management with improvements that will further protect the lakeshore. Mr. Seidel went over all of the sections of the requirements for a variance. 33% of the driveway will be removed. The driveway will be reshaped. Robert Henry questioned the widening of the structure. He feels that there should be some restrictions on this practice, so that there isn’t a sea of houses side by side covering an entire lot. He feels there should be some visual
protection of the lake. Roger complimented Mr. Siedel for his plans to take care of run-off. Alex Kish said that the architect had done an excellent job of detail and the best he had ever seen. A project can only have one 150’ area of deck coverage. Robert Anthonyson , abutter, was in favor of the plan as proposed. The Public part of the hearing closed at 8:10 P.M . Robert Henry made a motion to approve the request of Albert and Elizabeth Brown. Caae # 06- 43. map # 135. Lot # 12 for a Variance from Art. III. 3:40 C. To reduce the lake front setback from 50’ to 31’ for construction of a residential addition contingent on conforming to the plans presented to the Board on October 12, 2006 and initialed by the Chairman. 26 Lovejoy Lane., Sunapee, N.H. Richard Guyer seconded the motion. There were four yes votes. Don Weatherson voted no.
Case # 06- 44. Donald and Janice Bettencourt. Map # 121. Lot # 34. Seeeking a area Variance from Art. III. 3:40C. To reduce the lakefront setback from 50’ to 35’ and 37’ top construct a new addition and porch. 101 Fernwood Pt.Rd.. Sunapee. Mr. Bettencourt presented the case. The proposed screened porch will be added to the existing screened porch and reduce the water front setback to 18’ for the addition to the existing living space. The addition will not be higher than the existing house. The property is in the rural residential area. Abutter, Paul Moore was in favor of the garage side. The Public part of the hearing closed at 8:25. P.M.
ZBA MINUTES Page 3. 10 / 12 / 06.
Robert Henry made a motion to approve the request of Donald and Janise Bettencourt. Case # 06- 44. Map # 121. Lot # 34. for a Variance. Art. III. 3:40 C. To reduce the lakefront setback from 50’ to 35’ and 37’ to construct a new addition and a porch at 101 Fernwood Pt. Rd. Sunapee, N.H. as per plans presented. James Lyons seconded the motion. There were five yes votes.
Case #06- 45. Donald and Janice Bettencourt. Map # 121. Lot # 34. for a Special Exception. Art. III. 3:10. To reduce the side setback from 25’ to 15.4’ for a new addition. and porch.. 101 Fernwood Pt.Rd. Sunapee. The screened porch will be two feet wider. The addition to the house will square off the house. The applicants plan to put a second story on the existing one story sections of the house. The new work will be painted brown and will not be offensive to the neighbors. The side setbacks for the addition and the porch will be 15.4’ and 16.7’. The Public part of the hearing closed at 8:30 P.M.
James Lyons made a motion to approve the request of Donald and Janice Bettencourt . Case # 06-45. Map # 121. Lot # 34. for a Special Exception. Art. III. 3:10. To reduce the side setback from 25’ to 15.4’ and 16.7’ for a new addition and porch. 101 Fernwood Pt. Rd. Sunapee. Don Weatherson seconded the motion. There were five yes votes.
Case # 06-46. Donald and Janice Bettencourt. Map # 121. Lot # 34. Seeking a Variance. Art. III. 3:10. to reduce the side setback from 25’ to 7.9” for a new garage. 101 Fernwood Pt. Rd. Sunapee. The applicants want to tear down the existing garage and rebuild . They will be enlarging the garage , but most of it will be on the existing footprint. They plan to put on a second story for storage. They will use the existing slab. They will use the existing plumbing. There will be no living area in the top of the garage. The driveway location will be changed. There will be minimal disturbance of the existing vegetation. Richard Guyer made a motion to approve the request of Donald and Janice Bettencourt, Case # 06-46. Map # 121 Lot # 43. Variance . Art. III. 3:10. Reduce the side setback from 25’ to 7.9’ for a new garage.with the condition that there will be no living space above the garage. 101 Fernwood Pt. Rd. Sunapee. Robert Henry seconded the motion. There were five yes votes.
Case # 06- 47. Harry and Susan Rohrer. Map # 134. Lots # 2 1nd 3. Seeking a Special Exception. Art. III. 3:50 B. To reduce the roadfront setback for construction of a new residence. 197 Lake Ave. Sunapee. Mr Rohrer presented the case. Peter Bolton, Architect was also present. The applicants want to remove the existing house and build a new house and garage. The new house and garage will be 2840 sq. feet. The existing residence is on a non-conforming lot. The applicant received a Variance in May , 2006 for a 4 bedroom house. The proposed house will be no closer than 10’ to the town ROW. The proposed structure will be less than 25’ in height. The new structure will be back further than the existing structure. There will be approximately 2000 square feet of living space. The setback from the road right of
way will be 13.7’. The existing setback is 18.1’. There was discussion concerning the lot coverage. There will be a gravel driveway.
ZBA MINUTES Page 4. 10 / 12 / 06.
There was some concern about a large house being close to the road. The house will be visible from the road. There will be a drive through garage. A letter was received from abutter, Eric Daignault . The letter was read to the Board. It will be on file. He is concerned about the height of the new house and whether his view of the lake will be obstructed. His house is across the street and they live on the second floor. Abutter , Gregory Weiss spoke about the size of the house and the closeness to the road. He is also concerned about trees. He was agreeable with the 15’ side setback. He also expressed his concerns about large houses on small lots that could not support them. He did wish his new neighbor well. The Public part of the hearing closed at 9:10 P.M. There was no further discussion. Don Weatherson made
a motion to approve the request of Harry and Susan Rohrer. Case # 06-47. Map # 134. Lots # 2 & 3 . for a Special Exception from Art. III. 3:50 B. To reduce the road front setback for construction of a new residence accordance with the plans presented. 197 Lake Ave. Sunapee. Richard Guyer seconded the motion. There were five yes votes.
Don Weatherson made a motion to adjourn the meeting at 9:15 P. M. Richard Guyer 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 CHAIMAN
HARRY GAZELLE DON WEATHERSON
RICHARD GUYER
ROBERT HENRY
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