MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
JULY 26, 2005
MEMBERS PRESENT: PETER WHITE, CHAIRMAN, JAMES LYONS, VICE CHAIRMAN, PETER URBACH, DON WEATHERSON, RICHARD GUYER, ALTERNATE: ROBERT HENRY AND ROGER LANDRY, ZONING ADMINISTRATOR.
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The meeting was called to order at 7:00 P.M. by Chairman, Peter White.
There were no disqualifications. Peter White will step down on Case #05-21. James Lyons will be acting Chairman on that case.
MINUTES : The minutes of July 14th were reviewed. There was one typo on page 2. The letter r was left out in Tony Bergeron’s last name. This was corrected. Richard Guyer made a motion to accept the minutes as corrected. Don Weatherson seconded the motion. All members were in favor.
COMMUNICATIONS: The Chairman had received a flyer concerning the fall lecture series , which will be held November 5th at the Loon Mt. Club in Lincoln. James Lyons and Richard Guyer will be absent from the Aug. 11th meeting. Peter White and Don Weatherson will be absent from the November 10th meeting.
PLANNING BOARD REPORT: There was no report.
PUBLIC HEARINGS: 7:15 P.M Continued Case #05-24. Michael S. Brooks. Map #121. Lot #10. Special Exception. Art. III. 3:50 I. Alter roofline on pre- existing, non-conforming home to accommodate 2 bedrooms. 20 Burma Rd. Sunapee. Clifford Richter presented the case. The plan is to add 2 bedrooms upstairs and a bathroom. There will not be any downstairs bedrooms., so the house will remain as a two bedroom. The Board felt that the condition of the septic system should be inspected. The septic tank is very close to the road. Roger stated that he felt that inspection of the septic system should be part of the approval. There was a question concerning whether or not the house would have year round use. Don Weatherson did not feel that the Zoning Board should get into the design of septic
systems. William Roach does have concerns about the septic system. There is a section concerning the septic system in the ordinance. No one knows if there is a leachfield. Also , he feels that this is a health situation. The two bedrooms that are downstairs are potentially going to be a den. Mr. Roach’s concern is the condition of Perkins Pond if there is run off from an inadequate septic system.
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Roger looked through the old records and could not find a septic plan. Article VII. 7:10 does refer to conversion of septic systems and water flow. Don Weatherson made a motion to approve the request of Case #05-24. Michael S. Brooks. Map #115. Lot #10. for a Special Exception . Art. III. 3:50 I to alter the roofline on a pre-existing, non-conforming home to accommodate two bedrooms. This approval is subject to filing an approved assessment for a certified septic system with the Town. Richard Guyer seconded the motion. There were five yes votes.
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Peter White stepped down and Jim Lyons was acting Chairman
Continued Case #05- 21. Richard Bascom. Map #121. Lot #27. Variance. Art. III. 3:10. Reduce roadfront setback to 30’ for new construction at lot #27. West Shore Rd. Sunapee.
Mr. Bascom asked that this case and Case #05-40 Map #121 Lot #27. Special Exception. Art. III. 3:50 C. to reduce side setbacks to 15’ and 12’6” for new construction at Lot #27 West Shore Rd. Sunapee be moved to the end of the agenda because his Counsel was unable to be at the hearing until then. Some abutters objected because they were waiting for the hearing. The Chairman asked Mr. Bascom if he wished to continue the cases to the August 11 meeting and he wanted to continue to the next meeting. There were five yes votes to continue the cases. Case #05-40 was opened and the Board approved the continuance. The Board did request that the boundaries for the proposed house be flagged.
Case #05-41. SDB. Investments, Inc. Map #107. Lot #1. Special Exception. Art. III. 3:50 F. Construct replacement addition to existing non-conforming structure. 1373 Rt. 11. George’s Mills. The plan includes pivoting the structure closer to the road. He would move the left corner of the building 1.1’. He would leave the lower corner where it is presently located. He plans to put in a new foundation. The Chairman read the ordinance.
He is moving the building a short distance from the water. No structure is to be built in the State or Town right of way. The height of the building will be about 25’. There will be a 18’ overhang on the waterside. It will be in the existing footprint. It is unclear what will be done with the existing decks. If and when something is done with any decks will require a new application. He will need DES approval to dig close to the water. Don Weatherson reminded the Board that the owner has the right to build in all of the existing footprint. The Public part of the hearing closed at 8:40 P.M. James Lyons made a motion to approve the request of SDB Investments,Inc. Case #05-41. for a Special Exception. Art. III. 3:50 F. Construct replacement addition to existing , non-conforming
structure. 1373 Rt.11 George’s Mills. Don Weatherson seconded the motion. James Lyons and Don Weatherson approved the motion. Peter Urbach, Peter White and Richard Guyer denied the motion. The reason was that the applicant has other options.
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Case # 05-42. SDB Investments, Inc. Map #107. Lot #1. Variance. Art. III. 3:40 C. construct replacement addition less than 50’ from the lakefront. 1373 Rt. 11. George’s Mills. The owner presented his case. The foundation is 22’ x 20’. and has a 4’ overhang on both sides. He wants to move the foundation. He wants to replace the line of the piers with a wall. Don Weatherson is against the two feet toward the eater. The second floor has been superinposed on the drawing. This was confusing to some members. The public part of the hearing closed at 9:03. The owner is trying to improve the building. Don Weatherson made a motion to approve the request of SDB Investments, Inc. Case #05-42. Map #207. Lot #1. Variance. Art. III. 3:40 C. to construct a
replacement addition less than 50’ from the lakefront. 1373. Rt. 11. George’s Mills. Richard Guyer seconded the motion. There were five votes in opposition. The request was denied . The applicants has other options without building closer to the water. James Lyons suggested that the owner have careful documentation of the existing building and footprint and setbacks.
Case #05-43. Deborah and Dan McLeod. Map #133. Lot #44. Special Exception. Art. III. 3:50 I . seeking approval to raise the roofline to accommodate a new foundation less than 50’ from the center of the road. 55 Lake Ave. Sunapee. The Chairman read the ordinance. The owners want to raise the building and dig out for a foundation . A 16” area on the side will be filled in. The building is in the Pinecroft development. There will be two bedrooms down stairs and the upstairs bedroom will become one. The property is on Town sewer. They have two parking spaces. The Town has the ROW. The owners would need to contact the Town on the parking. Abutter, Mr. Bilotta of the association objects to a second story. He also says that a deck would be over common ground. He also said there are other
decks in the development that were never approved. The Town sewer goes in between the McLeod property and their abutter. Mr. Bilotta feels that there would be a problem with maintaining the sewer pipes and a water drainage problem and a second story would close in the area. The Public part of the hearing closed at 9:35 P.M. Peter Urbach made a motion to approve the request of Deborah and Dan McLeod , Case #05-43. Map #133. Lot #44. Special Exception. Art. III. 3:50 I. Seeking approval to raise the roofline to accommodate a new foundation less than 50’ from the center of the road.55 Lake Ave. Sunapee. Richard Guyer seconded the motion. There were five yes votes.
Case #05-44. Linda and Richard Segalini. Map #107. Lot #38. Variance. Art. III 3:40 C. Reduce lakefront setback to 38’ for addition to existing deck. 1062. Lake Ave. George’s Mills. The owners want to expand the deck 12’ They want to increase the existing deck toward the Lake because it is so narrow. They would take down the existing deck and build new. David Cantagallo, Lincoln Jepson and three other abutters are in favor of the proposal. Roger explained that the total deck can not exceed 150 square feet. Mr. Segalini could go to a total of 12’. He has to include the existing 4’ deck.
The Public part of the hearing closed at 9:55’ .
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The Segalinis purchased the property the high water mark.
Don Weatherson made a motion to approve the request of Linda and Richard Segalini. Case #05-44. for a Variance from Art. III. 3:40 C. to reduce the lakefront setback to 38’ for addition to existing deck. 1062 Lake Ave. Sunapee. James Lyons seconded the motion. There were five opposed votes and the motion was denied because there was no
hardship.
The Board voted to adjourn at 10:30 P.M.
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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