ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
November 9, 2006
MEMBERS PRESENT: CHAIRMAN PETER URBACH, VICE CHAIRMAN JAMES LYONS, RICHARD GUYER, ROBERT HENRY, ALTERNATES: ALEX KISH, SVEND FILBY, AND HARRY GAZELLE .
Roger Landry, Zoning Administrator was absent.
The meeting was called to order at 7 P.M.
A letter was received , dated October 25, from Don Weatherson resigning from the Board. The Board accepted the resignation.
Alex Kish has the most seniority as an alternate and is eligible to become a regular member. Robert Henry made a motion to appoint Alex Kish as a regular member. Richard Guyer seconded the motion . All members were in favor.
The five regular members were voting on the cases.
MINUTES: The minutes of October 12 were reviewed. There was one correction on page 2 , in the first paragraph and the last sentence. The sentence will read “ The reason for denial is not having an elevated deck of 420 square feet within the 50’ setback is not a hardship. “
CUMMUNICATIONS : Letters were received concerning the Snow case and the Morneau case.
PUBLIC HEARINGS: Case # 06-48. Robert and Lynne Bell. Map # 105. Lot # 18. Special Exception. Art. III. 3:50 C. Reduce the side setback diemension from 50’ to 28 ½ feet for construction of a new garage. 161 Keyes Rd. Sunapee. Clayton Platt, Surveyor presented the case. The plan is to build a 36’ x 26’ garage and a 20’ x 14’ enclosed breezeway from the garage to the house. There will be office space in the second floor of the garage. There will be no additional bedrooms. The members questioned the size of the garage and the breezeway. They went over the criteria from the ordinance for the Special Exception. The Public part of the hearing closed at 7:15 P.M. Some members felt that there should be more information. Four
members were in favor of continuing the hearing and this was agreed. The case will be continued to the next meeting.
Case # 06-49. Linda and George Snow, Jr. Map # 103. Lot # 19. Seeking a Variance. from Art. III. 3:40 C. to reduce the lakefront setback from 50’ to 14 ½’ to extend the existing deck to the opposite side of the house as per plan. 52 Oak Ridge Rd. George’s
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Mills. Linda Snow presented the case. A letter was received from abutters, Kurt and Carol France supporting the project. They want to move the stairs down to the end of the house so that the proposed deck would go across the entire front of the house. The stairs would be 14 ½ feet high. She is concerned that with the existing structure, and if there were a fire, there would be three stories to get to the ground. She feels that their proposal would be safer and look better. Robert Henry does not feel that the fire concern is an issue for a variance. He does not feel that adding to the deck is substantial justice. He also feels that it is a gross violation to be 14 ½ ‘ into the fifty foot setback. The Public part of the hearing closed . Richard Guyer was not in favor of adding more deck in the
50’ setback.
James Lyons made a motion to approve the request of Linda and George Snow. Jr. Case # 06-49. for a Variance from Art. III. 3:40 C. to reduce the lakefront setback from 50’ to 14 ½ feet to extend the existing deck to the opposite side of the house as per plan. 52 Oak Ridge Rd. George’s Mills. Robert Henry seconded the motion. There were five no votes and the motion was defeated. The reason for the denial is that it does not result in unnecessary hardship. Granting the variance is not necessary to do substantial justice.
Case # 06- 50. Susan M. Morneau . Map # 122. Lot # 20. Seeking a Special Exception. from Art. III. 3:50 C. to reduce the side back dimensions from 25 ‘ to 14 ½’ and 19 ½ ‘ for construction of a new garage and home. 214 Garnet Hill Rd. Sunapee. Barry Paddock and Derek Lick presented the case. A letter was received from John Dietal , abutter and read to the Board supporting the project now that some changes have been made in the initial proposal. Mr. Kjellman had also sent a letter to the Zoning office supporting the project. The Morneaus were in touch with their neighbors and made changes to their plan. Other property owners are now in agreement with the Morneaus. The building will be one story. They have moved the porch. There will be a hip roof. The garage will be moved
out of the encroachment on the setback. They plan to do some landscaping. The lot is .73 acres. It is non-conforming. The property is located in the Rural Residential District. They went through the sections of the ordinance that relate to this case. The Public part of the hearing closed at 8 P.M. There was concern about the turn around of the driveway. Robert Henry is in favor of the presented proposal. Alex Kish feels that the requested concerns have been met. Richard Guyer made a motion to approve the request of Susan M. Morneau. Case # 06-50. Map # 122. Lot # 20 for a Special Exception from Art. III. 3:50 C. to reduce the side back dimension from 25’ to 14 ½ ‘ and 19 ½ ‘ for construction of a new garage and home with the condition that they will follow the revised plans presented at this meeting. 214. Garnet Hill Rd. Sunapee. Alex Kish seconded the motion. There were five yes votes.
Case # 06-51. Jean M. Fuller Revocable Trust. Map # 115. Lot # 24. Seeking a Variance from Art. III. 3:10 to reduce the road front setback dimension from 50’ to 40.8’ to allow construction of a new attached garage. 19 North Shore Rd. Sunapee. Mr. Fuller presented the case. They have decided to have a one car. 16’ garage. They do plan to
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move the house closer to the Pond. The deck will be shortened. They will still be within the 50’ setback. The garage has been reduced, but a Special Exception will be needed to
the other side setback.. Abutter Russell Olson had no objections. The garage will be on the footprint of the former house. Robert Evans has no objections to their plans. Mr. Gordon Brailsford, abutter questioned what had already been approved. At the previous meeting a side setback was approved for 12 ½’. The previous road front setback was not approved. The Special Exception was for one side and approved but is now going to be further away at 14 ½ feet. The other side is within the existing footprint of the property. Robert Henry thinks that a Special Exception will be needed on the other side because of the change in the house. Roger will be contacted. Mr. Brailsford is concerned about the property lines . He is also concerned about a septic tank. Mr. Fuller said there is a new system ,
called Clean Solutions, that will be below ground.. Gary Brailsford lives on North Shore Rd. He is concerned about the safety in the winter time with the traffic and locating a structure closer to the road. He feels that in the winter, it is a narrow dangerous corner. The garage will not be any closer to the road than the house. The Secretary asked Mr. Gary Brailsford if he still had the list of concerns that he presented to the Board at the previous hearing . He will leave a copy of that list with the Zoning Office. The Public part of the hearing closed. James Lyons made a motion to approve the request of Jean M. Fuller Revocable Trust . Case # 06-51. Map # 115. Lot # 24. Reduce the road front setback dimension from 50’ to 40.8’ to allow construction of a new attached garage within the footprint of the house , subject to plans submitted at the hearing. 19 North Shore Rd. Sunapee. . Richard Guyer seconded the motion. There were five
yes votes.
Case # 06-52. Robert Evans and Anne VanTine. Map # 118. Lot # 50. Seeking a Special Exception. Art. III. 3:50. To reduce the side setback dimensions from 25’ to 17’ for construction of a replacement dwelling. 98 Burma Rd. Sunapee. The plan is to put up a new building and it would be rotated so it would not be infringing on the old property
line. When they purchased the property they found that there was a problem with an accurate lot line. They did purchase land from Mona Meacham to correct their property line. The lot is only 50’ in width. The case will be on the East side of the property. The lot coverage is 36%. Robert Henry believes it should be 30%.. Anne VanTine said that Roger said that the lot coverage is 40%. She also said that they would take off the driveway and park on the lawn. Robert did not want to vote on something until they were sure of the coverage. He wants to continue the case until the coverage is accurate. The case will be continued. He wants to continue all three cases until the lot coverage is clarified.
This will include Case # 06-52, Case # 06-53 and Case # 06-54.
Case #06-55. Robert Evans and Anne VanTine. Requesting a 12 month Extension on a Granted Variance. Case # 05-68 of Nov.10, 2005. as allowed under Art. V. Section 10:16 E. The Secretary went to the file and got the paper work from 2005. The Board went over the paperwork. Richard Guyer made a motion for a 12 month Extension on a
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Variance on Case # 05-68 that was granted November 10, 2005 as allowed under Art. V. Section 10:16E. Robert Henry seconded the motion. There were five yes votes.
The meeting adjourned at 9 P.M.
Respectfully submitted, Date approved
Edythe C. Dexter, ZBA Secretary
ALTERNATES: ZONING BOARD OF ADJUSTMENT
SVEND FILBY PETER URBACH, CHAIRMAN
HARRY GAZELLE JAMES LYONS, VICE CHAIRMAN
RICHARD GUYER
ROBERT HENRY
ALEX KISH
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