MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
SEPTEMBER 27, 2005
MEMBERS PRESENT: PETER WHITE, CHAIRMAN , VICE CHAIRMAN , JAMES PTER URBACH , DON WEATHERSON , RICHARD GUYER AND ROGER LANDRY, ZONING ADMIISTRATOR
Alternate, Robert Henry was absent. .
The meeting was called to order at 7:00 P.M. by Chairman, Peter White.
There were no disqualifications.
MINUTES : . The minutes of September 8, 2005 were reviewed. Richard Guyer made a motion to accept the minutes as corrected. Don Weatherson seconded the motion. All members were in favor.
COMMUNICATIONS: There were none.
PLANNNING BOARD REPORT: Roger reported on the walk around the Woodbine cottage property. There will be a Planning Board meeting on October 6.
PUBLIC HEARINGS. 7:15 P.M. Case #05-.50. Joseph Miedico . Map #106. Lot #41. Special Exception. Art. III. 3:50 C. Seeking relief from the 25’ setbacks to 13’, 17’, and 20’ for construction of a replacement home. 776 Jobs Creek Rd. George’s Mills. The Chairman read the ordinance. Mr. Miedico presented his case. He wants to build a year round, cape style house. It would have two dormers front and back. The floor will be
4 or 5 feet below road level. It will be 27’ in height and have a 12’ x 12’ pitch. He will not be going into the 50’ lake setback. He has tried not to encroach on the road setback. Part of the 50’ setback is deck. A letter was received from his abutter, Mr. McGowan
supporting the project. Peter Urbach asked how the new footprint would compare to the new one. The old footprint was about 600 sq, feet. The new one would be about 3100’. There will be 6 x 6 ‘ pilings. The plan is to have the garage doors face the McGowan property rather than the road. The ridge pole will be parallel with the road. The property is located in the Residential District. There will be evergreens along the roadway. The Public part of the hearing closed at 7:30 P.M. James Lyons had no objections. There was no other discussion on the case. James Lyons made a motion to approve the request of Joseph Miedico. Case #05-50. Map #106. Lot # 41 for a Special Exception to reduce the side setbacks from 25’ to 13’, 17’, and 20’ for construction of a replacement
home at 776 Jobs Creek Rd. George’s Mills. Don Weatherson seconded the motion. There were five yes votes.
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Case #05-51. Joseph Miedico. Map #106. Lot # 41. Variance. Art. III. 3:10. Reduce roadfront setback to 30’ for replacement home at 776 Jobs Creek Rd. George’s Mills.
The garage will have a 8’ side wall. The width of the garage will be 22’ and the depth 22’. The door will be 16’. The plan is for a 2 car garage. There was a suggestion by Roger to pull the garage in closer to the house Mr. Miedico did not feel that was possible. Mr. Miedico feels that when he is able to make the house a year round home, they will need a two car garage. He does not want a shed on the property. The proposed position of the garage would be closer to the road than the neighbors and this requires the variance. Mr. Miedico showed some pictures of garages in the area that are close to the road. They are on Westwood Rd. The Board went over the five criteria for the variance. Mr. Miedico read his answers. Mr. Miedico is hoping the Board will approve his request , so
that he can go forward with his design. The Public part of the hearing closed at 7:47. P.M. Don Weatherson felt that the request should be for the garage and not for the replacement home. The garage is connected to the house. Roger had worded the request as he did, because of the connection to the house. He said the building permit would come in as one building permit if both things were granted. The variance applies to the garage only. James Lyons feels that it is important to maintain the setback from the road. He emphasized the existence of garages on both Lake Avenue. Don Weatherson made a motion to approve the request of Joseph Miedico. Case #05-51. Map #106. Lot # 41
for a Variance from Art. III. 3:10 to reduce the roadfront setback to 30’ for a replacement home at 776 Jobs Creek Rd. George’s Mills. James Lyons seconded the motion. Don Weatherson and Peter Urbach voted yes. Peter White, Richard Guyer and James Lyons voted no. This denial was for the garage only, not the home. The reason for the denial was to maintain the integrity of the road way.
Case #05-52. John and Elaine Warren. Map #136. Lot # 61. Special Exception .Art. III. 3:50 C. Reduce side setbacks to 7’ 5” for a new single family home and a detached garage at lot #61. Birch Pt. Rd. Sunapee. Mr. John Baxter presented the case. The reduction in side setbacks would be on both sides of the house. Cliff Richter did the survey. The property is located in the Residential zone. Dan Ruggles, fire chief, is opposed to the garage for safety reasons. The design of the proposed structure was a concern. The plan for the house is 20’ x 50’. It would be 25’ in height at the beginning of the encroachment. There was considerable discussion from neighbors and interested observers. There were several letters from abutters and neighbors opposing
the plan. Lynn Pierce, abutter, read her letter. She is concerned about the proposed reduced space between her house and the Warren house. She also feels that it would lower the value of her property. She is concerned about the removal of tall pine trees between the properties and possible damage to her house. The front door would be on the side line.
Carl Pringle and Anne Dwight like their space. They feel that the proposal is contrary to the nature of the are and contrary to the zoning ordinance. Peter White, Chairman, said that it is a lot of record and as such is a buildable lot and can not be denied . The Goddards are two lots over from the Dwights. He knows that the applicant has the right to build, but the concern is the style of the house.
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Mr. Baxter did try to buy more land without success. Atty Paul Semple, representing the abutters, spoke on the legal concerns. The height of the building would be 25’. It was felt that there should be a smaller design that would be consistent with the lot. It is feared that there would be impact on the neighbors property. They are against the proposed mass of the building. The house would be 75’ from the Lake. Gil Pierce is concerned about the drinking water.There is town sewer in the area. Bo Quackenbos is concerned about the use of the machinery that might be used in during the construction . He was assured there would be safety measures and a soil erosion control plan. The owners would be liable for any damage. He was also concerned about granting the building on the
narrow lot and setting a precedent. The property has been on the market for three years. Other neighbors have tried to sub-divide their land.
Richard Guyer asked what kind of foundation would be used. It will have a crawl space and a walk-out basement and a concrete foundation. There is still concern about the trees. A suggestion was made to move the house back to the wider part of the lot. Ellie Goddard spoke about her love for the area and the long time residents there and she wants it to remain unpolluted. She feels the size of the building should be considered and the placement on the lot. and the height of the building. The owner has the right to cut to the property line. The owner can cut 10’ around the house. Mr. Pierce does not want to see a path down the side of the house to the lake. A path is allowed right to the property line. The Public part of the hearing closed at 7:55 P.M. James Lyons said that from the lake , the
proposed house would look like a three story building. He also said that in the ordinance, the word may is used. Richard Guyer felt there were other options. Peter Urbach felt that the applicant could have a more comprehensive design. Don Weatherson felt that the design should not be the focus . He said 7 ½ feet is reasonable to utilize the lot.The issue is the setback. Richard Guyer made a motion to approve the request of John and Elaine Warren. Case #05-52 . Map # 136. Lot # 61. Special Exception. Art. III.3:50 C to reduce the side setbacks to 7’ 5 “ for a new single family home and a detached garage at lot #61 Birch Pt. Rd. Sunapee. Don Weatherson seconded the motion. Don Weatherson voted yes. The other four members voted no. The request was denied . The adjustment is not necessary to fairly use the lot.
Case #05-53. Ruth Linder. Map #147. Lot # 70. Special Exception. Art. III. 3:50 C. Reduce side setback to 12’ 6” for a new 24’ x 24 garage . 38 Hamel Rd. Sunapee. Mrs. Linder does not want the garage facing the road. The house is in the 50’ setback. Only one tree will be removed. James Lyons asked about the proposed property line. The existing fence is on Mrs. Linders land. It is 50’ from the center of the road. The garage would be 12’ 6” from the fence. She is anxious to get the garage built before winter because her husband is in a nursing home. The Public part of the hearing closed at 9:25 P.M. Peter Urbach made a motion to approve the request of Ruth Linder. Case #05-52. Map #147. Lot # 70. Special Exception. Art. III. 3:50 C. Reduce side setback to 12’ 6”
for a new 24’ x 24’ garage at 38 Hamel Rd. Sunapee. Don Weatherson seconded the motion. There were five yes votes.
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Case #05-54. Estate of Alma Veilleux Map #148. Lo # 35. Variance. Art. III. 3:40 A. Reduce lakefront setback to 36’ 6” for a new septic system. 24 Sunnyside Drive. Sunapee. Charles Hirshberg presented the case. He has gone to the State to review the plan. It is a two bedroom system. It would be 75’ from the neighbor’s well. The lot is 1.8 acre. It is a new passive system. It is a meter inspected system. It has an aeration system. Abutter, Ken. Strachon had questions about the digging. He wants the applicant to stay away from his property because there are low power lines every where overhead. The Public part of the hearing closed at 9:50 P.M. James Lyons made a motion to approve the request of the Estate of Alma Veilleux . Case #05-54. Map #148. Lot # 35 for a Variance Art. III
3:40 A to reduce the lakefront setback to 38’ 6” for a new septic system. 24 Sunnyside Drive. Sunapee.
Don Weatherson made a motion to adjourn at 10.00 P.M. Peter Urbach seconded the motion. All members were in favor. .
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Respectfully submitted, Date approved:
Edythe C, Dexter ZONING BOARD OF ADJUSTMENT
ZBA Secretary
PETER WHITE, CHAIRMAN
ALTERNATES:
JAMES LYONS, VICE CHAIRMAN
ROBERT HENRY
PETER URBACH
DON WEATHERSON
RICHARD GUYER
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