MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
JULY 14, 2005
MEMBERS PRESENT: PETER WHITE, CHAIRMAN , JAMES LYONS , PETER URBACH, DON WEATHERSON. AND ALTERNATES, RICHARD GUYER AND ROBERT HENRY AND ZONING ADMINISTRATOR, ROGER LANDRY.
The meeting was called to order at 7:00 P.M. by Chairman, Peter White.
There were no disqualifications. Robert Henry will vote on the Geddes case, and the Diamond cases. Richard Guyer will vote on the Kourmian cases and the Dalrymple cases.
Mr. Braislford did not appear for an interview as an alternate.
MINUTES : The minutes of June 28 were reviewed. There was one correction. Under the Planning Broad report, a two lot sub-division , was discussed , on the corner of Beech St. and Burkehaven Hill and the hearing was continued. Richard Guyer made a motion to accept the minutes as corrected. Peter Urbach seconded the motion. All were in favor.
PLANNING BOARD REPORT: Roger Landry gave the report. There was a 3 lot sub-division approved on Beech St. and Burkehaven Hill as mentioned above. There was a three lot sub-division and property line annexation approved for Jolyon Johnson on Sleeper Rd. There was discussion concerning the Woodbine and 4 condos. The group is thinking of going back to Plan A. and the developer would put in parking spaces .
COMMUNICATIONS: There were none. Roger told Peter Urbach and James Lyons that he and Michael Marquise would like to meet next Thursday concerning the Zoning Ordinance.
Appointment of an alternate and Election of Officers. The Board were all in favor of appointing Richard Guyer as a regular member to replace Robert Mastin. James Lyons nominated Peter White to continue as Chairman. Richard Guyer seconded the nomination. Peter is willing to serve another year until his term is up. All members were in favor. The Chairman than asked if any of the members were willing to serve as Vice Chairman. James Lyons volunteered. Don Weatherson seconded . All were in favor.
PUBLIC HEARINGS: 7:15 P.M. Continued Case #04-63. Richard Geddes. Map #124. Lot #33. Variance. Art. III. 3:40 J. To construct a stonewall five and one half feet high
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within 20’ of the property line. 46 Piney Pt. Rd. Sunapee. Mr. Geddes presented his case. The wall has already been built.
The Board asked him at his last hearing to have a survey of the property. The surveyor, Mr. Bedard, plans to start work on that in two weeks. The road is a private road. Robert Henry was voting on this case. Roger summarized the previous hearings. He also said that he did not know what good the survey would do as far as the stonewall and setback is concerned, because they are still in violation. The stonewall is constructed of very large stones and would be a major job to move or lower. There isn’t enough room to move the stonewall. The measure has to be from the center of the road. The Town does maintain the road. There was a problem with water drainage. Mr. Geddes did do some work trying to make improvements. He set the stonewall back at the present location at Tony Bergeon’s
suggestion so there would be room to put the snow. Mr. Geddes said that neither he or Tony Bergeron were aware of the restrictions for stonewalls. James Lyons feels that the variance should be granted. Abutter, Mr MacMillian spoke in favor of leaving the stonewall. He also said that Mr. Geddes had done a lot of work trying to improve the drainage problem in the area. Mr. Geddes also said that the road is wider near his property. There was previously a serious problem of flooding over the road. Claude Leavitt , abutter , said that the water problem was really bad. A drain pipe was put in and helped solve the drainage problem. Mr. MacMillian also supports the variance. Bob Henry said he didn’t think the survey would be much help. The stonewall is approximately 50’ from the further side of the road. Peter Urbach does not have a problem with the variance in view of what the abutters have said. He does have a problem with the project being after the fact.
Roger said that the drainage is still a problem. A silt fence is loaded with silt at present and going into the brook. He recently received a letter from the State concerning the problem. Don Weatherson does not have a problem with the variance, but he is concerned that a Town employee does not want to get involved with a Town matter. Richard Guyer felt that the people involved probally had good intentions , but should have followed Town regulations before acting. Bob Henry said that if the rocks were smaller, he would want to see the wall lowered.
The Public part of the hearing closed at 7:45 P.M. James Lyons made a motion to approve the request of Richard Geddes. Case #04-63. Map #124. Lot #13. Variance. Art. III. 3:40 J . To permit a stonewall five and one half feet high within 20’ of the property line. 46 Piney Pt. Rd. Sunapee. Don Weatheson seconded the motion. There were 4 yes votes. Peter White voted no. The variance was granted.
Case #05-34. Tim and Shane Koumrian. Map #234. Lot #13. Special Condition. Art. IV. 4:31. B. Requesting a Special Condition to cross wetlands for a new driveway. Corner of Hansen Chase Rd .and New Province Rd. Sunapee. Peter White read the section of the ordinance. Harry Gale and Clarisse Clough presented the case. Clarisse Clough is the septic designer. Harry Gale is a realtor. They have the State and Town approvals. The State approved the sub-division. They never came to the ZBA. The developer never saw the paperwork. Clarisse did the soil testing. She also contacted Bruce Burdett from the
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Town Conservation commission. The property is located in Mountain View Shores.The property was purchased in 2002. Roger checked the septic design. The owners need the approval for crossing wetlands and a Variance for the septic leachfield
Roger does not see any other location for the septic leachfield . Both requests have to be approved before a building permit is obtained. James Lyons requested to see the drawing of the plan. The wetlands are not a running brook. Richard Guyer made a motion to approve the request of Tim and Shane Koumrian. Case #05-34. Map #234. Lot #13. for a Special Condition. from Art. IV. 4:31. B to cross wetlands for a new driveway. Corner of Hansen Chase Rd. and New Province Rd. Sunapee. as per plan presented. Don Weatherson seconded the motion. There were five yes votes.
Case #05-35. Tim and Shane Koumrian. Map # 234. Lot #13. Variance. Art. III. 3:50 B. requesting the Variance for installation of a septic leachfield within 57’ of designated wetlands at the corner of Hansen Chase Rd. and New Province Rd. Sunapee. There is not any other location on the property for the leachfield. A lawyer from Grantham advised the Board that the wetlands are narrower. The Grantham regulations are broader . The requirements are different. Roger said that the lot is wider than the other lots. Mr. Gale said that they went through the same procedure for all of the necessary approvals. None of the State restrictions have changed. The State did have some restrictions on their approval for the system. These are listed on the septic design approval. The Public part of the hearing closed at 8:12 P.M.
Don Weatherson made a motion to approve the request of Tim and Shane Koumrian . Case #05-35. Map 3234. Lot #13. for a variance from Art. III. 3:40 B. for installation of a septic leach field within 57’ of the designated wetlands at the corner of Hansen chase Rd. and New Province Rd. Sunapee. James Lyons seconded the motion. There were five yes votes.
Case #05-36. Priscilla Diamond. Map #135. Lot #2. for a Special Exception from Art. III. 3:50 C. to reduce the side setback to 10’ 8” for a new replacement structure . 32 Birch Pt. Lane Sunapee. John Springer, lawyer, and Kevin Rickard presented the case. The plan is to take down the existing house and garage. They are moving the building further away from the side line. It will be a 4 bedroom home. The lot coverage is 28% .Roger read the appropriate section of the ordinance. There was discussion of where snow might be placed. The owner may write a letter telling the Town where they may put snow on the property. The plans for the house were presented. The Public part of the hearing closed at 8:30 P.M. The Board discussed the case. The garage will be about five feet above grade. the plan
is to The garage will be moved and the area will then be used for parking.
Peter Urbach made a motion to approve the request of Priscilla Diamond . Case #05-36. Map #135. Lot #2. for a Special Exception from Art. III. 3:50 C. to reduce the side setback to 10’8” for a new replacement structure. James Lyons seconded the motion. There were five yes votes.
Case #05-37. Priscilla Diamond. Map #135. Lot #2. Variance from Art. III. 3:40 C. for new replacement structure less than 50’ from the lakefront. 32 Birch Pt. Lane. Sunapee.
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The conditions for a variance were read. The Public part of the hearing closed at 8:45 P.M. No building will be closer to the lake than the existing house.
The garage will have a deck. 150 square feet is allowed . There will be steps. The height of the house will be 33’. Don Weatherson made a motion to approve the request of Priscilla Diamond , Case #05-36. Map #135. Lot #2 for a Variance from Art. III. 3:40 C. for a new replacement structure less than the 50’ set back from the lakefront as per exhibit one as discussed at the ZBA hearing. Robert Henry seconded the motion. There were five yes votes.
Case #05-38. Richard and Kathleen Dalrymple. Map #133. Lot #38. Variance. Art. III. 3:10. Reduce side setback to 5’ for construction of a gazebo. 23 Lake Ave. Sunapee.
Louise Bonfiglio and a landscape architect presented the case. The Planning Board approved the front landscaping. The proposed gazebo is the cupola that was on the house which belonged to a captain of the Woodsom Brothers Steam Boat Co. The present owners of the property would like to keep it for it’s historic value. They would screen it in. It would be set on some existing granite. There is a drainage problem on the property. Abutter, Mr. Lucas has a cabin on his property 3 ½’ from the property line. Mr. Lucas is in favor of this request for a gazebo 5’ from the property line. The Public part of the hearing closed at 9:10 P.M. James Lyons was not in favor. Peter Urbach is in favor only for the historic value. He feels that it would improve the
property. Dick Guyer is against it be cause of the zoning regulations. James Lyons made a motion to approve the request of Richard and Kathleen Dalrymple. Case #05-38. Map #133. Lot #38 for a Variance from Art. III. 3:10 to reduce the side setback to 5’ for construction of a gazebo. 23 Lake Ave. Sunapee. Don Weatherson seconded the motion. Peter Urbach and Peter White voted in favor. James Lyons, Don Weatherson and Richard Guyer voted no and the motion was defeated. The reason was lack of hardship.
Case #05-39. Richard and Kathleen Dalrymple. Map #133. Lot #38. Variance. Art. III. 3:40 C. Reduce lakefront setback to 37’ for construction of the gazebo. 23 Lake Ave. Sunapee. There was discussion between the Board and the presenters. It was decided that the case would be continued to August 11th and perhaps the applicants could come up with another plan to get the gazebo further away from the Lake and the side setback.
Mr. Michael Brooks. Case #05-24 was present with Clifford Richter to discuss his case. He is unable to be at the July 26 meeting. Mr. Richter will be representing Mr Brooks . Mr. Brooks did bring detailed plans and left them with the Board.
Roger is in favor of the Town having a certificate of occupancy. The Board feels that this is way beyond zoning at present.
James Lyons made a motion to adjourn at 9:40 P.M. Don Weatherson seconded the motion. All members were in favor.
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Respectfully submitted, Date approved
Edythe C. Dexter, ZBA Secretary
ALTERNATES: ZONING BOARD OF ADJUSTMENT
ROBERT HENRY PETER WHITE, CHAIRMAN
JAMES LYONS, VICE CHAIRMAN
PETER URBACH
DON WEATHERSON
RICHARD GUYER
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