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Zoning Board Minutes 2005/10/13

MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
                                                          October 13, 2005

MEMBERS PRESENT:  PETER WHITE, CHAIRMAN,  JAMES LYONS , VICE CHAIRMAN, PETER URBACH, RICHARD GUYER, ALTERNATE , ROBERT HENRY AND ROGER LANDRY , ZONING ADMINISTRTOR

Donald Weatherson was absent.
 
The meeting was called to order at 7:00 P.M. by  Chairman, Peter White.

Robert Henry was designated to vote in place of Don Weatherson.

MINUTES:  The minutes of  September 27, were reviewed.  There were two corrections. On page 2, in the last paragraph, in the fourth line from the bottom of the page, the words the nature of the are and contrary to were eliminated.  On the third line from the bottom of the same paragraph, and can not be denied  were eliminated. Richard Guyer made a motion to accept the minutes as modified. Peter Urbach seconded the
motion and the vote was in the affirmative.

COMMUNICATIONS:   The Chairman received a publication catalogue  from the Local Government Center listing all the available catalogues and reference materials from the State. This will be available in the Zoning Office.

PLANNING BOARD REPORT:  Roger Landry reported that the Woodbine Cottage case is continued. The Gates case concerns a bed and breakfast on Elm St. The Sunapee School Board is planning an access road to the elementary school through the Safety Services property. There is also talk of having a bike path next to the access road for safety . The Robert Bell case is continued. The sub-division on the Nielson property on Young Hill was approved.

PUBLIC HEARINGS:  7:15 P.M. Case #05-55. Donald and Lynn Gross. Map #103. Lot # 6. Special Exception. Art. III. 3:50 C. Seeking approval to reduce the side setback from 15’ to 11’ for already built porch. 84 Oakridge Rd. George’s Mills. Mrs. Welch presented the case. The concrete was set and the porch went four feet into the side setback. It is an open porch. The entry is in the encroachment. The stairway is 3’ 1 “. It is encroaching.
The public part of the hearing closed at 7:27 P.M.  Peter Urbach made a motion  to approve the request of Donald and  Lynn Cross. Case #05-55. Map # 103. Lot # 6. for a Special Exception from Art. III.3:50 C. to reduce the side setback from 15’ to 11’ for an already built porch . This grant is subject  to the restriction  that no further changes will be made on what has already been built. James Lyons seconded the motion.  There were five yes votes.


ZBA MINUTES                                           Page 2.                                   10 / 13 / 05.

The Chairman announced that the continued Case #05-46 Cooper St.Partners, LLC
scheduled for this meeting has been withdrawn.

Case #05-56. Christopher and Holly Leonard. Map #124. Lot # 18. Special Exception. Art. III. 3:50 C. Reduce dimensions from 25’ for a new garage at 26 Mary’s Rd. Sunapee.
Robert Henry recused himself from this case. Mary’s Road is a private road. It is in the Rural Residential District. The section of the ordinance was read, Their house is 26’ x 36’ and they are lacking  storage room. They wish to have the garage for their vehicles and lawn and sports equipment. They are close to the water and there are lots of trees that can not be cut. The lot that they plan to build on is across the road from their house. They are 15’ from the edge of the road. They own both sides of the road abutting their property. There are power lines that go through the property. The Leonards used the new Town survey. The public part of the hearing closed at 7:45 P.M. There was a question concerning the height of the garage.The limit is 25’. James Lyons suggested that the ridge line of the garage should be paralel to the road. There was no objection to that. James Lyons made a motion to approve the request of Christopher and Holly Leonard . Case #05-56. Map #124. Lot # 18. for a Special Exception  from Art. III.3:50 C. to reduce the dimensions from 25’ to the dimensions shown on the attached drawing  for a new garage at 26 Mary’s Rd. Sunapee. Richard Guyer seconded the motion. There were four yes votes.

Case # 05- 57. Matt Croteau. Map #118. Lot #54. Special Exception. Art. III. 3:50 I. Alter and raise roofline to allow more head space in bedroom and  new roof deck. 80 Burma Rd. Sunapee.  Mr Croteau presented the case. He wants to have a full 8’ second story. He plans to have a flat roof in the front. He would like to have a roof deck . He wants to remove the existing septic system and move the septic back 125’ He has a  State approved system. He plans to move to Sunapee in the future. He has no plans to go beyond the existing footprint. He has approval for three bedrooms. Adding the roof deck might be considered a third  story. There was  considerable discussion  about that. There is already a small deck on the lower level. If he had a roof deck, it would only be accessible from the outside. After further discussion, the Board felt that Mr. Croteau needed to withdraw the case and do some re-designing. The Public hearing closed. James Lyons made a motion to continue  Case # 05-57. to  November 10th.  Richard Guyer seconded the motion. There were five yes votes.

Case #05-58. David Colter. Map #231. Lot #22. Variance. Art. III. 3:50 B. Seeking to reduce the 100’ setback requirement to Wetlands for a new septic system. Pine Ridge Rd. Sunapee.  Mr. Colter presented the case. The drainage on the property is not good. It will be difficult to meet the 75’ setback. The lot is a pre-existing, non-conforming lot. He may go back to the State with plans to move the house to make room for the system. The Public part closed at 8:50 P.M. Richard Guyer made a motion to approve the request of David Colter. Case #05-58. Map #231. Lot #22. for a Variance from Art. III. 3:40 B. to


ZBA MINUTES                                        Page 3.                              10 / 13 / 05.

reduce the 100’ setback to 75’ to Wetlands for a new septic system. Pine Ridge Rd. Sunapee. Robert Henry seconded the motion. There were five yes votes.

Case #05-59. Wardley B. Smith. Revocable Trust. Map # 127. Lot # 12. Special Exception. Art. III. 3:50 C. Reduce side setback from 15’ to 9 ½’ for a new kitchen addition. 151 Lake Ave. Sunapee. Steve and Cynthia Whitaker presented the case. The house has a 51’ setback.They want to add 6’ to the side. They plan to remove the aluminum siding. At present they have a galley type kitchen that they have been using for about 50 years. Their bathroom is downstairs in the living room. They propose to go about six feet toward Mr Duperey’s house and six feet toward the road. This will allow them to eliminate the bathroom in the living room and they would be able to have a bathroom and coat room off the entry vestibule.  They would have more room in the kitchen. The roof slope will be graduated down. The roof material will match the existing roof. There will be some windows in the kitchen facing the road. Abutter Mr Duperey supported the plan. ( He said he has had some really good meals from the smaller kitchen.)  The Public part of the hearing closed at  9:09.P.M. Peter Urbach made a motiom to to approve the request of Wardley B. Smith Revocable Trust. Case #05-59. Special Exception. Art: III. 3:50 C. To reduce the side setback from 15’ to 9 ½ ‘ for a new kitchen addition. 151 Lake Ave. Sunapee. Robert Henry seconded the motion. There were five yes votes.

Case #05-60. Wardley B. Smith Revocable Trust. Map # 127. Lot #12. Variance. Art. III. 3:10. Reduce roadfront setback from 50’ to 43’ for the new kitchen addition. 151 Lake Ave. Sunapee. Richard Guyer questioned the road  setback. It is 42.7’ from the center of the road. It was decided by the Board to change the request to a Special Exception. Art. III.  3:50 B. The Public part of the hearing closed at 9:25 P.M. James Lyon made a motion to approve the request of Wardley B. Smith Revocable Trust . Case #05-60. Map #127. Lot 3 12. Special Exception. Art. III. 3:50 B. To reduce the roadfront setback from 50’ to 43’ for the new kitchen addition. Peter Urbach seconded the motion. There were five yes votes.

The meeting adjourned at 9:30 P.M
.                        
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                                                                          


ZBA MINUTES                                              PAGE 4.                    10 / 13 / 05.


                                                                         DON WEATHERSON

                                                                   RICHARD GUYER


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