MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
OCTOBER 25, 2005
MEMBERS PRESENT: PETER WHITE, CHAIRMAN , JAMES LYONS, VICE CHAIRMAN, PETER URBACH, RICHARD GUYER AND ROGER LANDRY, ZONING ADMINISTRATOR.
Don Weatherson and Robert Henry were absent.
The meeting was called to order at 7:05 P.M. by Chairman, Peter White.
There were no disqualifications.
The Board interviewed Alex Kish , who is interested in becoming an alternate on the Board. He has been a resident of Sunapee since 1996. He is a self employed engineer.
Peter explained how the ZBA functions.
MINUTES : The minutes of October 13 were reviewed. Richard Guyer made a motion to accept the minutes as printed. Peter Urbach seconded the motion. All members present were in favor.
COMMUNICATIONS: There were none.
PLANNING BOARD REPORT: Roger reported that the application for the Woodbine Cottage property has been withdrawn.
PUBLIC HEARINGS: 7:15 P.M. Case #05-61. Augustine Realty Trust. Map #231. Lots # 46 and 16. Special Exception. Art. IV. 4:10. Allow recreational activities in a Rural Residential District. 258 and 255 Stagecoach Rd. Sunapee. John Augustine and John Chiarella presented the case. The plan is to build a cross country trail system at Dexter’s Inn. The plan is for 2006. Mr Augustine has met with the Conservation Commission. The Simpson property and the Webb forest may be used. The applicant had appeared before the Planning Board. It was decided that the applicant did not need to go to Site Plan Review.
The proposed plan will go for one year. At the end of one year, then the applicant would go to the Planning Board with a full set of plans Recreational use is allowed in this area by Special Exception. There were four zoning members present. Mr. Chiarella said that originally , they considered moving the Norsk skiing of New London to Sunapee. This will not be done . Mr. Chiarella would work on building some trails. Mr.John Augustine may put in a complete ski touring system in the future. The Chairman went over the Special Exception requirements of the ordinance.
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There is already parking area at Dexter’s Inn. The proposal for this winter will give the applicant some idea of whether or not it will be feasible to make it a commercial venture.
The Inn will be open all winter. The Public part of the hearing closed at 7:35 P.M. James Lyons felt that the plan would be a great addition to the town. Richard Guyer was also in favor. James Lyons made a motion to approve the request of Augustine Realty Trust. Case #05-61. Map # 231. Lots #46 & 16. for a Special Exception from Art. IV. 4:10 to allow Recreation activities in the Rural Residential District. 258 and 255 Stagecoach Rd. Sunapee. Richard Guyer seconded the motion. There were four yes votes.
Case #05-62. Lee P. and David N. Page. Appeal/ Rehearing of Cases # 05-26 and 05-40. Richard Bascom. Map #121. Lot #27. Fernwood Pt. Rd. Sunapee. The applicants are appealing the Variance and Special Exception that were granted to Richard Bascom. This is a request for a Rehearing. The Board has to decide if there is any new evidence or if an administrative error was made in granting the Variance and the Special Exception. The granting of a Rehearing is based on these two conditions. Mr. James F. Raymond ,Atty. representing the Pages had prepared a memorandum in support of a rehearing. Peter White, Chairman reminded him of the two conditions that were needed for a rehearing. Mr. Raymond agreed that there was no real new information. It was felt by Mr, Page and Mr.
Raymond that the Board had misinterpeted the ordinance. In the application , it was stated that certain facts were not considered by the Board in the previous hearings and questioned the “ pre-existing, non-conforming lot”. Mr. Raymond was allowed to go over his memorandum . He also presented the history of a case that took place in the Town of Enfield June 12, 2003 to support the request for a Rehearing. The Chairman said that one thing that the Board did not discuss was the legality of the lot in question because that is not a Zoning Board issue. The Board does not decide if a lot is a lot. chairman, Peter White read the letter that was received from Sunapee’s Town Counsel , Timothy Bates, dated October 25, 2005, that in his opinion that the lot in question is a pre-existing non-conforming lot. His letter and the information given to the Board by Mr. Page and James Raymond will be on file with Case #05-62. James Lyons and Peter Urbach had
some concerns . There was further discussion . Richard Guyer has strong feelings about Timothy Bate’s rational concerning this request. Mr. Raymond also submitted some maps which the Board already had in their packet. Mr. Raymond was arguing his case of the record of the lot in question. Timothy Bates went over all of the information concerning this case in order to come to his decision. James Lyons also feels that the question of a legal lot is for the Superior Court to decide. The Board did look at the quit claim deed that was transferred to Richard Bascom by David and Carole Robinson. The Chairman said that granting a rehearing is not going to make this situation go away. The applicant is challenging the legality of Sunapee’s definition of a legal lot.
Richard Guyer asked if the Board had to make a decision at this meeting. He felt that perhaps the Board should have more time to go over all of the data. There was discussion to continue the hearing and have Mr Bates re-evaluate the information that Mr. Raymond has presented . The continued hearing will be November 10. There will be a vote at that meeting whether to rehear the case. The hearing will be last on the agenda.
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Case # 05-63. Marie Wiggins. Map #133. Lot # 21. Special Exception. Art. III. 3:50 I.
Raise roofline to accommodate additional space above the garage for a gallery. 51 Main St. Sunapee. The garage is in the existing footprint. At present, the gallery is in thte house. The property is in the Village District. The stairs to the second floor of the garage will be on the outside of the building. The garage will have a pitched roof. The Public part of the hearing closed at 9: 15 P.M. Peter Urbach made a motion to approve the request of Marie Wiggins. Case #05-63. Map # 133. Lot $ 21. Special Exception . Art. III. 3:50 I. Raise the roofline to accommodate additional space above the garage for a gallery. 51 Main St. Sunapee. James Lyons seconded the motion. There were four yes votes.
Case # 05-64. Marie Wiggins. Map #133. Lot # 21. Variance. Art. III. 3:10. Reduce roadfront setback to 33’ for a 6’ x 4’ deck extension off the second floor of the garage. 51. Main St. Sunapee. The 33’ will be from the center of the road. The deck will be open. The Public part of the hearing closed at 9:23 P.M. James Lyons made a motion to approve the request of Marie Wiggins. Case #05-64. Map #133. Lot #21. for a Variance from Art. III. 3:10 to reduce the roadfront setback to 33’ for a 6’ x 4’ deck extension off the second floor of the garage. 51 Main St. Sunapee. Richard Guyer seconded the motion. There were 4 yes votes.
A revised agenda will be sent to the members.
The Michael Brooks case was discussed . William Roach has concerns about the septic system. This was Case #05-24. Map #115. Lot #10. For a Special Exception. Art. III. 3:50 I. It is believed that there should be a State approved form. It is also believed that the tank should be dug up and dig two test pits to see if there is an adequate leachfield. The case was to raise the roof. The State form was not signed. Roger thinks that what the Board wants is a site inspection.. The applicant needs a State approved system. The applicant razed a house across the road. It was found that an artesian well had been installed. Bill is concerned about sewerage going into the Pond. Roger will send a letter to the applicant that the site assessment provided does not adequately meet the criteria
that the Board voted on and in accordance with the Ordinance. VII:10.
Roger showed the larger map that has been submitted for Case # 05- 65. The plan is to put in some multi-family housing. The location is 562 Rt. 103 . Sunapee. It is way back in the woods. The Planning Board has not approved it as yet and will not until the Zoning Board approves a Special Exception. It is in a mixed use district.
The Board voted to appoint Alex Kish to a three year term as an alternate. All were in favor.
Peter White will not be present at the November 10th meeting. A new date will be picled for the Page case.
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All members agreed to adjourn the meeting at 9:56 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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