MINUTES
ZONING BOARD OF ADJUSTMENT
SUNAPEE, NH
December 8, 2005
MEMBERS PRESENT: VICE CHAIRMAN, JAMES LYONS, PETER URBACH, DON
WEATHERSON, RICHARD GUYER AND ALTERNATES: ROBERT HENRY AND ALEX KISH.
Peter White , Chairman and Roger Landry, Zoning Administrator were absent.
James Lyons was acting chairman for this meeting.
The meeting was called to order at 7 :00 P.M. The members were reminded that on Thursday, December 15, the proposed changes to the Zoning Ordinance will be discussed and the Zoning members are urged to attend. the Planning Bd. meeting.
Robert Henry was designated to vote in place of PeterWhite. on the Gates case and the Biehl cases. Alex Kish was designated to vote on the Pensco Trust Co. case.
MINUTES: The minutes of November 10 and November 16 were reviewed. Richard Guyer made a motion to accept the minutes as printed. Robert Henry seconded the motion. All were in favor.
COMMUNICATIONS. Two were received in connection with the Biehl cases. An application was received from Svend Filby to become an alternate member of the Board. This will be on the January 12 meeting.
PLANNING BOARD REPORT: Roger was absent and there was no report.
PUBLIC HEARINGS: Case #05-69. Hesselar and Rosemary Gates. Map # 133. Lot # 124. Variance. Art. III. 3:40 C. To provide a parking area less than 50’ from a water body. ( Stream). 49 High St. Sunapee. The parking spaces are needed for a bed and breakfast facility. The owners are very concerned about the safety of the present parking area. Mr. Gates presented the case. At present there is a 80’ opening onto High St. The present parking is about 7’ from the brook. They want to reduce the opening to 20’ toward High St and on either side of that, there would be a five foot buffer to improve the access to High St. They need five parking spaces for the Bed and Breakfast and there will be two spaces in the existing barn. The parking area will be 23’ to 27’ from
the small stream. The owners are working with Mark Usko to improve the parking area. The Board went over the five conditions of the variance. It was decided that the hardship would be on the public if the safety issue was not solved. Peter Urbach made a motion to approve
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the request of Hesselar and Rosemary Gates. Case #05-69. Map # 133. Lot # 124. Variance. Art. III. 3:40 C. To provide a parking area less than 50’ from the water body. ( Stream) 49 High St. Sunapee. Robert Henry seconded the motion. There were five yes votes.
Case # 05- 70. Pensco Trust Co. ( Robert Bell ). Map # 203. Lot #6. Special Condition. Requesting removal of the condition on Variance # 05-48, that no other access roads will be built off Prospect Hill Rd . to the property. George’s Mills. Mr. Bell presented his case The Planning Board is requesting that he have a second access road for emergency use only. He had a new map showing the proposed emergency road which will be south of the original granted road. Peter Urbach made a motion to approve the request of Pensco Trust Co. ( Robert Bell). to remove the condition on the Case #05- 48 Variance and add a second access for emergency use only. DonWeatherson seconded the motion. There were five yes votes. Prospect Hill Rd. George’s Mills.
Case # 05-71. Paul and Debbie Biehl. Map # 146. Lot # 48. Variance. Art. III. 3:10. C. Replace an existing house and a new garage less than 50 of a water body. 350 Bay Pt. Rd. Sunapee. Alex Kish recused himself from the Biehl cases. Mr. Biehl presented the case. He intends to use the same footprint but wants to add a deck and a screened porch. There would be a walk out from the basement to the porch. He also wants to have the house and garage attached. There is an existing seasonal brook on the property. He plans to pull the house away from the Lake , but it would still be 2’ from the water. There would be no foundation under the porch. It would be cantilevered . There would be a walkway at ground level that would cross over a stream. to a patio. The path will follow the normal
ground. They do not want to change the house site. They want to duplicate the existing house. They also want part of the walkway to be covered. The garage would be for two cars. There is a steep slope in the area where the garage would be placed.
There was a lot of discussion because of the 2’ to the water body. Peter Urbach asked if they really needed the garage. Mr. Biehl said that they definitely needed a garage. A shed near the Lake would be removed. The existing septic tanks would be removed. The screened porch and deck would be 14’ from the stream. The existing deck is within the footprint of the existing house. Robert Henry read the definition of a deck from the ordinance. The lot is only 100’ in size. The proposed porch would be 16’ square. They could cut the porch down to 12’ wide. Peter Urbach is more in favor of the deck. The Biehls neighbors are in favor of the project. The Board is very concerned
about the closeness to the Lake The proposed plan was designed without thought of the ZBA regulations. Don Weatherson made a motion to approve the request of Paul and Debbie Biehl. Case #05-71. Map # 146. Lot # 48. Variance. Art. III. 3:10. C. Replace existing house and a new garage less than 50’ of a water body. 350 Bay Pt. Rd. Sunapee.
Richard Guyer seconded the motion. There were five no votes and the motion was defeated. The reason was because the proposed screened porch and deck are too close to the stream. 350 Bay Pt. Rd. Sunapee.
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Case # 05-72. Paul and Debbie Biehl. Map # 146. Lot # 48. Variance. Art. III. 3:40 L. Seeking relief for construction on a slope exceeding 22 % and 20’ in height. 350 Bay Pt. Rd. Sunapee. Mr. Biehl presented the case. The existing house is grandfathered. The garage is not. grandfathered. The garage would have an 8’ elevation. The house would have a 11.20’ to 11.10 ‘ elevation. A retaining wall would need to be built near the garage. Don Weatherson made a motion to approve the request of Paul and Debbie Biehl Case #05-72. Map # 146. Lot # 48. for a Variance from Art. III. 3:40 L for construction on a slope exceeding 22% and 20’ in height. 350 Bay Pt. Rd. Sunapee. Peter Urbach seconded the motion. There were five yes votes.
Case # 05-73. Paul and Debbie Biehl. Map # 146. Lot # 48. Special Exception. Art. III. 3:50 C. Seeking reduction of side setback on a pre-existing , non-conforming lot for a new house. 350 Bay Pt. Rd. Sunapee. The reduction in the side setback would be 12.6 ‘. Richard Guyer made a motion to approve the request of Paul and Debbie Biehl. Case #05-73. Map # 146. Lot # 48. Special Exception. Art. III. 3:50 C. Reduce the side setback to 12.6’ for a new house on a pre-existing , non-conforming lot. 350 Bay Pt. Rd. Sunapee.
Robert Henry seconded the motion . There were five yes votes.
Case # 05-74. Paul and Debbie Biehl. Map 146. Lot # 48. Special Exception. Art. III. 3:50 C. Reduce side and rear setbacks from 25’ to 12.6’ for a new garage. 350 Bay Pt. Rd. Sunapee. The setback is from the right of way line of the private. road. Richard Guyer made a motion to approve the request of Paul and Debbie Biehl. Case #05-74. Map #146. Lot # 48. Special Exception. Art. III. 3:50 C. Reduce the side and rear setbacks from 25’ to 12.6’ for a new garage. 350 Bay Pt. Rd. Sunapee. Peter Urbach seconded the motion. There were five yes votes.
Don Weatherson made a motion to adjourn the meeting at 9:15 P.M. Peter Urbach seconded the motion. All were in favor
Respectfully submitted, Date approved:
Edythe C. Dexter, ZBA Secretary
ALTERNATES: ZONING BOARD OF ADJUSTMENT
ROBERT HENRY PETER WHITE, CHAIRMAN
ALEX KISH JAMES LYONS, VICE CHAIRMAN
PETER URBACH
DON WEATHERSON
RICHARD GUYER
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