town of sunapee zoning board of adjustment a public

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TOWN OF SUNAPEE ZONING BOARD OF ADJUSTMENT A PUBLIC MEETING WILL BE HELD THURSDAY, MAY 6, 2021 AT 6:00 PM, ON THE FOLLOWING CASE(S): Due to the COVID-19 situation and in accordance with Governor Sununu’s Emergency Order #12, pursuant to Executive Order 2020-04 and extensions of Executive Order 2020-04, this Board is authorized to meet electronically. The public has access to contemporaneously listen and participate in this meeting through electronic online video conferencing at https://zoom.us/ with Meeting ID 979 9537 1537 and Passcode 705609, or by telephone by calling (929) 205 6099. NOTICE: Pursuant to an order of the Sullivan County Superior Court in Karen Berg v. Town of Sunapee, Docket No. 220-2020-CV-10, the Zoning Board of Adjustment will explain its denial of three variances for the property located at 34 Jobs Creek Rd based on the preexisting record. No public input will be taken at this meeting; however, the public is welcome to attend and listen. REQUEST FOR REHEARING: Case ZBA: 21-08 Seeking a Variance from Article III, Section 3.10 Parcel ID: 0125-0011-0000 to permit a 6 ft east side setback where 15 ft is permitted for a pre-existing non-conforming lot (the existing east setback is 3ft). Cathleen Shea & Bradley Weiss 38 Jobs Creek Rd; Rural Residential Zone CONTINUED: Case ZBA: 21-10 Seeking a Special Exception per Article III, Parcel ID: 0125-0011-0000 Section 3.50 vertically expand the envelope of the house to 23 ft. Cathleen Shea & Bradley Weiss 38 Jobs Creek Rd; Rural Residential Zone NEW CASES:

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Page 1: TOWN OF SUNAPEE ZONING BOARD OF ADJUSTMENT A PUBLIC

TOWN OF SUNAPEE

ZONING BOARD OF ADJUSTMENT A PUBLIC MEETING WILL BE HELD THURSDAY, MAY 6, 2021 AT 6:00 PM,

ON THE FOLLOWING CASE(S):

Due to the COVID-19 situation and in accordance with Governor Sununu’s Emergency Order #12, pursuant to Executive Order 2020-04 and extensions of Executive Order 2020-04, this Board is authorized to meet electronically. The public has access to contemporaneously listen and participate in this meeting through electronic online video conferencing at https://zoom.us/ with Meeting ID 979 9537 1537 and Passcode 705609, or by telephone by calling (929) 205 6099.

NOTICE: Pursuant to an order of the Sullivan County Superior Court in Karen Berg v. Town of Sunapee, Docket No. 220-2020-CV-10, the Zoning Board of Adjustment will explain its denial of three variances for the property located at 34 Jobs Creek Rd based on the preexisting record. No public input will be taken at this meeting; however, the public is welcome to attend and listen. REQUEST FOR REHEARING: Case ZBA: 21-08 Seeking a Variance from Article III, Section 3.10 Parcel ID: 0125-0011-0000 to permit a 6 ft east side setback where 15 ft

is permitted for a pre-existing non-conforming lot (the existing east setback is 3ft). Cathleen Shea & Bradley Weiss 38 Jobs Creek Rd; Rural Residential Zone

CONTINUED: Case ZBA: 21-10 Seeking a Special Exception per Article III, Parcel ID: 0125-0011-0000 Section 3.50 vertically expand the envelope of the house to 23 ft.

Cathleen Shea & Bradley Weiss 38 Jobs Creek Rd; Rural Residential Zone

NEW CASES:

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Case ZBA: 21-13 Seeking a Variance from Article III, Section 3.10 Parcel ID: 0140-0026-0000 to permit a reduction of lot size for Parcel ID: Parcel ID: 0140-0029-0000 0140-0026-0000 from 1.80 acres to 1.10 acres Parcel ID: 0140-0025-0000 where 1.50 acres is required. Sally M Eldredge 1997 Revoc Trust & John C. McCrillis Revoc Living Trust

10, 12, & 18 Burkehaven Ln; Rural Residential Zone

Case ZBA: 21-14 Seeking a Variance from Article III, Section 3.10 Parcel ID: 0140-0026-0000 to create a lot of 0.08 acres which is less than the required lot size of 1.50 acres for a new shore land

lot (Parcel 0140-0029-000A) Sally M Eldredge 1997 Revoc Trust & John C. McCrillis Revoc Living Trust

10 Burkehaven Ln; Rural Residential Zone

Case ZBA: 21-15 Seeking a Variance from Article IV, Section Parcel ID: 0140-0029-000A 4.33(B)(7)(a)(I) to permit a lot to have less than the Parcel ID: 0140-0029-0000 200 ft of shore frontage required (lot will have 130

ft of shore frontage) Sally M Eldredge 1997 Revoc Trust & John C. McCrillis Revoc Living Trust

Burkehaven Ln; Rural Residential Zone

Case ZBA: 21-16 Seeking a Variance from Article IV, Section Parcel ID: 0140-0029-0000 4.33(B)(6) to permit Parcel ID: 0140-0029-0000 Parcel ID: 0140-0026-0000 to access Lake Sunapee via a shore land lot Sally M Eldredge 1997 Revoc Trust & John C. McCrillis Revoc Living Trust

18 & 10 Burkehaven Ln; Rural Residential Zone

MISCELLANEOUS: Review Minutes from Previous Meeting(s); Other business

NOTE: In the event the meeting is cancelled, the Agenda will be continued to the next scheduled Zoning Board meeting.

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JUDICIAL BRANCH

SULLIVAN COUNTY SUPERIOR COURT

NO. 220–2020-CV-10

KAREN BERG,

as Trustee for the Schirmer Revocable Trust of 2019

V.

TOWN OF SUNAPEE, et al.

O R D E R

In her capacity as Trustee, Karen Berg appeals rulings of the Town of

Sunapee Zoning Board of Adjustment denying three of six variance applications and

then rejecting her request for a rehearing.

The background facts are that the Trust owns property in Sunapee that lies

within in the town’s Rural-Residential District and Shoreline Overlay District. An

older, camp-like residential structure is on the property currently, but it is in

disrepair and needs substantial renovation. The Trust’s plan is to demolish it and

build a modern single-family home for year-round use.

The lot and building predate the town Zoning Ordinance and qualify as

lawful non-conforming property. So even though the ordinance requires a minimum

lot size of 1.5 acres, the Trust’s lot is approximately 0.13 acres. To allow for the new

construction, the Trust sought six zoning variances from Article III, Sections 3.10 and

4/16/2021 1:22 PMSullivan Superior Court

This is a Service Document For Case: 220-2020-CV-00010

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3.20 of the ordinance. Four of the proposals were for relief from setback

requirements, one from the ordinance’s height limitation, and one would allow for a

higher percentage of impermeable surface than the ordinance permits.

The ZBA considered the applications at its meeting on November 7, 2019,

granting three and denying three. The Trust sought a rehearing on the applications

that the board had denied. After some discussion of whether a rehearing would

allow reconsideration of all the variances including the ones it granted, the board

voted to deny a rehearing.

Those who object to a zoning board of adjustment order or decision may appeal to

the superior court. RSA 677:4. The standard of review is decidedly zoning board friendly, as

“the burden of proof is on the party seeking to set aside the decision . . . to show that the

decision is unlawful or unreasonable.” Bayson Prop., Inc. v. City of Lebanon, 150 N.H. 167, 169

(2003); see also RSA 677:6. The zoning board rather than a judge resolves conflicting

evidence and decides the facts. Lone Pine Hunters’ Club, Inc. v. Town of Hollis, 149 N.H. 668,

671 (2003). “The review by the superior court is not to determine whether it agrees with the

zoning board of adjustment’s findings, but to determine whether there is evidence upon

which they could have been reasonably based.” Id. at 670 (quotation, internal quotation

marks, and brackets omitted).

State law empowers a zoning board to authorize a variance from a zoning

ordinance if: “(1) [t]he variance will not be contrary to the public interest; (2) [t]he

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spirit of the ordinance is observed; (3) [s]ubstantial justice is done; (4) [t]he values of

surrounding properties are not diminished; and (5) [l]iteral enforcement of the

provisions of the ordinance would result in an unnecessary hardship.” RSA 674:33, I

(b). See Nine A, LLC v. Town of Chesterfield, 157 N.H. 361, 365, (2008) (citing Garrison v.

Town of Henniker, 154 N.H. 26, 30 (2006)). To obtain approval, the applicant seeking

the variance must satisfy all five criteria. RSA 674:33, I.

The Trust contends all the factors were established and argues the board

acted unreasonably in not recognizing that. After the applicant read the criteria into

the record, however, it isn’t clear the board considered them at all, except for a brief

reference to hardship in discussing one variance. But even as hardship was

mentioned as one factor bearing on one variance, the record suggests the board

misinterpreted it.

A zoning board may allow a variance if “[l]iteral enforcement of the

provisions of the ordinance would result in an unnecessary hardship.” RSA 674:33,

I(a)(2)(E). Unnecessary hardship is shown if “owing to special conditions of the

property that distinguish it from other properties in the area: (i) [n]o fair and

substantial relationship exists between the general public purposes of the ordinance

provision and the specific application of that provision to the property; and (ii) [t]he

proposed use is a reasonable one.” RSA 674:33, I(b)(5). Applicants are not required

to “show that the zoning ordinance deprives them of any reasonable use of the land.

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Rather, they must show that the use for which they seek a variance is ‘reasonable,’

considering the property’s unique setting in its environment.” Rancourt v. City of

Manchester, 149 N.H. 51, 53–54 (2003) (citations omitted).

In addressing hardship, the board focused on the element of whether the proposed

use of the property as a multi-story residence was reasonable. According to the meeting

minutes, in rejecting one of the variances by a 3 to 2 vote a member who voted in

opposition commented that the variance was “not necessary to rebuild the house so in his

mind does not meet the hardship test.” Certified Record at 63, lines 325-26. But the Trust

had to show only that the proposed use was “reasonable” given the property’s “special

conditions,” and not that the variance was “necessary” to the property’s use. Harborside

Assocs., L.P. v. Parade Residence Hotel, LLC, 162 N.H. 508, 519 (2011).

In addition to an absence of any explicit or contextual reference to the relevant

factors, the hearing on whether to grant the Trust a rehearing revealed general confusion

among board members over what test to apply. One member recalled going to a conference

where the proper standard was discussed, but he confessed to not understanding it.

Another member wondered whether the number of variances sought was, by itself,

contrary to the “spirit of the ordinance.” CR at 115, lines 406-07.

The dearth of discussion about the variance factors and a seeming misunderstanding

of one or more of them make it difficult to provide a meaningful review of the Board’s

actions. The absence of findings or reasoning does not mean the decisions the Board made

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were invalid, as “the absence of findings . . . is not in and of itself error.” Pappas v. City of

Manchester Zoning Board, 117 N.H. 622, 625 (1977). But the lack of any substantial discussion

of the variance factors, either explicitly or in the context of the board’s discussion of each

variance, precludes a review of whether the factors were properly considered and applied.

In turn, this impedes a determination of whether the Board’s decisions were unreasonable

or unlawful.

The Town takes the position that the record includes enough evidence from which to

infer the board found the Trust came up short on one or more factors. But it’s not clear the

board considered the factors or that it understood them sufficiently. Neither is it evident

whether and how the board ostensibly found that the Trust established all five factors for

the three variances it granted, but not for the three it denied.

For these reasons, the case is REMANDED to the Board for an explanation of its denial

of the three variances in light of the five statutory considerations. The rationale should be

based on the pre-existing record. See Kalil v. Town of Dummer Zoning Board of Adjustment,

155 N.H. 307, 312 (2007). If the Board determines on review that it applied an incorrect

interpretation of hardship to the single variance for which it was mentioned, then it may

“reconsider the evidence against the correct legal standard.” Chester Rod & Gun Club v.

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Town of Chester, 152 N.H. 577, 583 (2005).1

SO ORDERED.

APRIL 15, 2021

JUDGE BRIAN T. TUCKER

1 The review of the record included viewing the video recordings of the two board

meetings in question. The Trust’s motion to supplement the record with the recordings was

granted earlier in this proceeding.

onDocument Sent to PartiesClerk's Notice of Decision

04/16/2021

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Town of Sunapee

Zoning Board

Decision

You are hereby notified that the application of: SCHIRMER REVOCABLE TRUST OF 2019, KAREN A BERG, TRUSTEE For CASE #19-21: PARCEL ID: 0125-0013-0000: 34 JOBS CREEK RD

1. VARIANCE FROM ARTICLE III, SECTION 3.10 PERMIT A FRONT YARD SETBACK OF 28 FT -APPROVED

2. VARIANCE FROM ARTICLE III, SECTION 3.10 PERMIT A SIDE SETBACK OF 4 FT 4 INCHES – DENIED DUE TO HARDSHIP

3. VARIANCE FROM ARTICLE III, SECTION 3.10 PERMIT A SIDE YARD SETBACK OF 9 FT 5 INCHES - APPROVED

4. VARIANCE FROM ARTICLE III, SECTION 3.10 PERMIT AND A SIDE YARD SETBACK OF 6 FT, 8 INCHES - DENIED

5. VARIANCE FROM ARTICLE III, SECTION 3.10 TO PERMIT A PORTION OF THE STRUCTURE IN THE AREA OF REDUCED SETBACK TALLER THAN 25 FT - DENIED

6. VARIANCE FROM ARTICLE III, SECTION 3.20 PERMIT TO PERMIT A 39% IMPERMEABLE SURFACE WITHIN THE SHORELINE OVERLAY – APPROVED SUBJECT TO APPROVAL AND CONDITIONS OF A DES SHORELAND PERMIT

The decision was made at the November 7, 2019 Zoning Board meeting. ____________________________ Zoning Board Chair ____________________________ Date Notes: 1) Any person affected has a right to appeal this decision. If you wish to appeal, you must act within thirty days of the date of the hearing. The necessary first step before any appeal may be taken to the courts, is to apply to the Zoning Board for a rehearing. The motion for a rehearing must set forth all the grounds on which you will base your appeal. See New Hampshire Statutes, RSA Chapter 677 for details. 2) If after a period of twenty four (24) months from the date a Variance or Special Exception is granted by the Zoning Board of Adjustment, the applicant has neither applied for nor received a Certificate of Compliance from the Board of Selectmen, the Variance or Special Exception will become void. An extension may be granted by the Zoning Board of Adjustment. Reference Article X, Section 10.16 (e).

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Town of Sunapee

Zoning Board

Decision

You are hereby notified that the request for rehearing of: SCHIRMER REVOCABLE TRUST OF 2019, KAREN A BERG, TRUSTEE For CASE #19-21: PARCEL ID: 0125-0013-0000: 34 JOBS CREEK RD The request to rehear the case has been DENIED because the Board did not feel it made an error or overlooked any facts of law. The decision was made at the January 2, 2020 Zoning Board meeting. ____________________________ Zoning Board Chair ____________________________ Date Notes: 1) Any person affected has a right to appeal this decision. If you wish to appeal, you must act within thirty days of the date of the hearing. The necessary first step before any appeal may be taken to the courts, is to apply to the Zoning Board for a rehearing. The motion for a rehearing must set forth all the grounds on which you will base your appeal. See New Hampshire Statutes, RSA Chapter 677 for details. 2) If after a period of twenty four (24) months from the date a Variance or Special Exception is granted by the Zoning Board of Adjustment, the applicant has neither applied for nor received a Certificate of Compliance from the Board of Selectmen, the Variance or Special Exception will become void. An extension may be granted by the Zoning Board of Adjustment. Reference Article X, Section 10.16 (e).

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From: nancy duseauTo: Barbara VaughnSubject: Cathy Shea cottage at White Shutters SunapeeDate: Thursday, March 18, 2021 11:18:53 AM

The proposed plans for their property will benefit the entire community,and Sunapee as well .Please look favorably on their application. The Duseau family at white shutters lodge,

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From: Janice BernardiTo: Barbara VaughnCc: Cathy Shea; Brad WeissSubject: 38 Jobs Creek RoadDate: Thursday, March 11, 2021 8:14:55 PM

Hello,We are abutters of the 38 Jobs Creek Road property. Attached you will find a letter regarding thatproperty and the upcoming zoning meeting.

38 Jobs Creek Road

Please let us know if you have any questions.

Regards.Janice and John Bernardi5 White Shutters RoadSunapee

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From: Cathy SheaTo: Barbara VaughnSubject: 38 Jobs Creek Support letterDate: Monday, March 22, 2021 2:48:08 PM

Hi Barbara-

Please find a letter of support from our neighbor, Jay and Debbie MacDonald. Thank you!

Regards,Cathy Shea 617-869-6671

Sent from my iPad

Begin forwarded message:

From: Jay MacDonald <[email protected]>Date: February 12, 2021 at 9:32:07 AM ESTTo: Cathy Shea <[email protected]>, Brad Weiss <[email protected]>Subject: Letter to Town

Hi Guys:

Sorry for the delay-crazy week. Attached is our letter of support. I hope it helps.

Best- Jay

Sent from JMac’s iPad most likely while on another United Flight!

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From: Jennifer SheaTo: Barbara VaughnSubject: Letter for Shea/Weiss ApplicationDate: Tuesday, March 23, 2021 2:15:59 PM

Dear Sunapee Zoning Board,

I have lived in White Shutters for 44 years and write to you today in full supportof Cathy Shea and Brad Weiss’s new home project. My wife Jennifer and I haveviewed and discussed their plans. We could not be happier with their thoughtfuldesign and welcome this beautiful home to our community. Please don’t hesitateto reach out if you have any questions regarding this project.

Kind regards,

Jim & Jennifer Shea

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From: Kellie DiGiovanniTo: Barbara VaughnCc: Cathy SheaSubject: Barbara VaughanDate: Sunday, March 21, 2021 8:36:23 AM

Hi Barbara,

Ray DiGiovanni and myself arein the White Shutters Community and are few doors down from Cathleen Shea and BradleyWeiss. We have received and reviewed their building plans snd are absolutely on board withtheir plans. We feel that it is a great and much needed improvement to the existing property. Cannot wait to see the end results. Much needed!!!!!

You can call me at (978)430-8224

Kellie DiGiovanni

Sent from my iPhone

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6 White Shutter Road

Sunapee, NH 03782

March 15, 2021

Sunapee Zoning Board

23 Edgemont Road

Sunapee, NH 03782

Dear Zoning Board Members:

As abutters to the Shea/Weiss property at 38 Jobs Creek Road, we are extremely

pleased to support the proposed building project. We have reviewed Brad &

Cathy’s blueprints in detail, and applaud them for their plans to build a tasteful,

modest, and eco-friendly home on the site. They have addressed drainage and

erosion concerns, and have come up with a practical building plan to utilize the

property without encroaching on neighbors. To us, the proposed home, once built,

will appear to have always been there.

The current structure on 38 Jobs Creek is not only unlivable, but also aesthetically

unappealing. We enthusiastically anticipate the construction of the Shea/Weiss

home, and encourage you to support them in their endeavors.

Most sincerely,

George and Karen Shea

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From: Cathy SheaTo: Barbara VaughnSubject: Fwd: Letter of Support for Shea/Weiss Planning ApplicationDate: Friday, March 26, 2021 2:00:58 PM

Hi Barbara- thank you for your help.

Here’s the support letter from Duane and Betsy Delfosse at 36 JobsCreek Rd.

Regards,Cathy617-869-6671

---------- Forwarded message ---------From: <[email protected]>Date: Tue, Mar 23, 2021 at 9:35 AMSubject: Letter of Support for Shea/Weiss Planning ApplicationTo: [email protected]<[email protected]>Cc: [email protected] <[email protected]>

Dear Barbara Vaughn and the Sunapee Planning Board,Being abutters to 38 Jobs Creek Road, we are anxious to seeour new neighbors begin construction on their house. Theexisting structure has deteriorated significantly over the years,and looking at the latest Shea/Weiss plans dated March 4,2021, we believe the proposed house both fits the lot size andwould be a huge improvement to our White Shutterscommunity. In particular:

The proposed structure is in the public interest becauseit enhances the visual and functional value of thecommunity. It is complimentary to our own house beingof similar size and layout. No views or access arerestricted by the design.Clearly by keeping in footprint the same, Shea/Weiss areadhering to the spirit of the ordinance inasmuch as older,grandfathered buildings were permitted. If the variance were granted, our property would not bediminished. A neighboring dilapidated building will beremoved and a neat and compact building with nicearchitectural touches would replace it, a welcome

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change.White Shutters covenants provide for a 4' set back, andthe proposed set backs are larger than that.

In summary, we wholeheartedly support the Shea/Weiss constructionplan!Thanks,Duane and Elizabeth Delfosse36 Jobs Creek Road6034750351

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From: Steve McCalmontTo: Barbara VaughnSubject: 38 Jobs Creek Road project.Date: Monday, March 29, 2021 12:07:37 PM

Attention: Barbara Vaughn

29 March 2021Town of Sunapee

To Whom It May Concern:

We are neighbors of Cathy Shea and Brad Weiss in the White Shutters Association. Our house is in a downhill position from numerous houses in the community including, 38 Jobs Creek. As such, we are often subject to silt and debris at the back of our house, due to the lack of erosion control.

I have been involved with excavation work and dealing with the water run off of this hill for over 50 years. With this experience we are very pleased that Cathy and Brad have a professional erosion control plan designed by an engineer, as well as a landscape plan, with native plantings to further filter the silt. This will absolutely improve our property and clearly better protect our lake.

With this letter, we would like to express our strong support for Cathy and Brad’s house construction and erosion control plans at 38 Jobs Creek Road.

Regards,Steve and Jen McCalmont

___________________4 White Shutters RoadSunapee, NH 03782

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From: Janet JenningsTo: Barbara VaughnSubject: Zoning SupportDate: Friday, March 26, 2021 5:21:53 PM

To the Zoning Commission,This letter is in support of the building and landscaping plans of Brad and Cathy Weiss. They were kind enough tosend a copy of the plans to me.The building and surrounding upgrades can only benefit our community and the lake. They have been seriouscaretakers of Lake Sunapee for many years.It will be a pleasure to have them as my neighbors.

Sincerely,Janet Jennings42 Jobs Creek Road

Sent from my iPad

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TOWN OF SUNAPEE 23 Edgemont Road

Sunapee, New Hampshire 03782-0717 www.town.sunapee.nh.us

DATE: April 23, 2021 (for the hearing May 6, 2021) TO: Zoning Board of Adjustment FROM: Melissa Pollari, Land Use & Assessing Coordinator CASE: #ZBA21-13 Variance) #ZBA21-14 (Variance) #ZBA21-15 (Variance) #ZBA21-16 (Variance)

Owner: Sally M Eldredge 1997 Revoc Trust & John C. McCrillis Revoc Living Trust

Parcel ID: 0140-0026-0000 & 0140-0029-0000 & 0140-0025-0000 Address: 10 & 12 Burkehaven Lane & 18 Burkehaven Terr

Summary of Case(s)/ References to the Zoning Ordinance: Case # / Applicant’s description

Article Section Part

21-13 III 3.10 to permit a reduction of lot size for Parel ID: 0140-0026-0000 from 1.80 acres to 1.10 acres where 1.50 acres is required

Dimensional Controls

Table of Dimensional Controls

21-14 III 3.10 To create a lot of 0.08 acres which is less than the required lot size of 1.50 acres for a new shore land lot

Dimensional Controls

Table of Dimensional Controls

21-15 IV 4.33 (B)(7)(a)(I) To permit a lot to have less than the 200 ft of shore frontage required

Use Regulations

Shorelines – Specific Provisions

shore frontage shall meet the following minimum requirements: Each dwelling unit with direct water access and whole shore frontage as part of the lot dimensions shall have a minimum shore frontage of two hundred (200) feet

21-16 IV 4.33 (B)(6) To permit Parcel ID: 0140-0029-0000 to access Lake Sunapee via a shore land lot

Use Regulations

Shorelines – Specific Provisions

Rights to gain access to a water body by or through a Shore land lot shall not be created or attached to any real estate. Waterfront access shall be gained only in accordance with the standards set forth below and subject to Planning Board approval

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Description of Properties (from Assessing Property Cards):

• Parcel ID: 0140-0026-0000 o 10 Burkehaven Lane o 1.60 acres o Approximately 191 feet of frontage on Lake Sunapee o Approximately 76-feet of frontage on Lake Sunapee o Burkehaven Lane runs through property o Zone: RR (Rural Residential) with Shorelines Overlay (Lake Sunapee)

• Parcel ID: 0140-0025-0000

o 12 Burkheaven Lane o 0.95 acres o Approximately 70 ft of frontage on Lake Sunapee o Burkehaven Lane runs through property o Zone RR (Rural Residential) with Shorelines Overlay (Lake Sunapee)

• Parcel ID: 0140-0029-0000

o 18 Burkehaven Terrace o 0.22 acres o No waterfrontage o No road frontage o Zone RR (Rural Residential)

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1

Melissa Pollari

From: Michael MarquiseSent: Monday, May 3, 2021 5:00 PMTo: Melissa PollariSubject: Fwd: D'Amours application for lot line adjustment

Here is another addition to the ZBA agenda for McCrillis/Eldridge. 

                                                                                                                                                    ‐ Michael 

  ‐‐‐‐‐‐‐‐ Forwarded Message ‐‐‐‐‐‐‐‐  Subject: D'Amours application for lot line adjustment

Date: Mon, 3 May 2021 16:01:40 ‐0400 From: Tom Kraeger <[email protected]

To: [email protected] 

CC: Matt Kraeger <[email protected]>   Good afternoon, I write to express that I have no objection to our neighbors application to adjust the lot lines on their contiguous parcels. Thanks, Thomas G. Kraeger  Sent from my iPhone 

Page 86: TOWN OF SUNAPEE ZONING BOARD OF ADJUSTMENT A PUBLIC

LAND VALUATION LAST REVALUATION: 2020

PARCEL TOTAL TAXABLE VALUE

OWNER INFORMATION

LISTING HISTORY

EXTRA FEATURES VALUATION

SALES HISTORY

NOTES

PICTURE

MUNICIPAL SOFTWARE BY AVITAR

FULL VIEW OF LAKE SUNAPEE HOUSE RESTS ON POST/PIERS HOUSE SITS ACROSS ROW FROM WATER PICKED UP BOATHOUSE SITS IN FRONT OF 140-26 SAME OWNER; 4/19-PERMIT=NVC

MCCRILLIS FAMILY TRUST, JOHN CELDREDGE 1997 REVOC TRUST, SALLY MPO BOX 458

Card:

Market ValueLngth x Width RateUnits CondSize AdjFeature Type NotesRES PAV LARGE 100 251 7503,000.00 Year: 2005BOATHSE UNFIN 100 50660 33,000100.00 Year: 2005BOAT HSE RIGHTS (BR) 100 1001 100,000100,000.00 BH

133,800

1 of 1

NotesTax ValueAd Valorem RSPICondUnits AdjNCLand Type Base Rate Site Road DWay Topography1F RES WTRFRNT S0.900 100ac 100 0 N63,000 63,000100 100 100 100 -- TYPICAL63,000LAKE SUNAPEE AVG 150 F 70.000 wf 90 0525,000 525,000 redev 90 -- TOPO MODERFAIR SOME SLOPE, ACROSS STREET

588,0000.900 ac 588,000

GrantorPriceTypePageBookDate07/25/2017 2013 725 U I 21 MCCRILLIS REVOC LIVING06/05/2013 1883 388 U I 21 MCCRILLIS REVOC LIVING03/26/2013 1874 420 U I 21 MCCRILLIS, JOHN C & EL01/01/1800 0 0

TOWN OF SUNAPEE ASSESSING OFFICE23 EDGEMONT RD

SUNAPEE, NH 03782603-763-2212

04/23/2021Printed:

Site: SITE REDEVELOP Driveway: PAVED Road: GRAVEL/DIRT

Map Block Sub: 000140 000025 000000 12 BURKEHAVEN LN SUNAPEE

NEWPORT, NH 03773

03/28/19 NBBP10/10/18 MPBP09/19/17 KMM MEASURE08/22/17 MPAC ADMIN DATA ENTRY / DEED07/22/15 NBFR IN FIELD REVIEW06/13/13 MPAC ADMIN DATA ENTRY / DEED03/27/13 MPAC ADMIN DATA ENTRY / DEED09/09/10 NBFR IN FIELD REVIEW

Building Features LandYear2019 $ 657,300$ 110,800 $ 0

Parcel Total: $ 768,1002020 $ 588,000$ 93,600 $ 133,800

Parcel Total: $ 815,4002021 $ 588,000$ 93,600 $ 133,800

Parcel Total: $ 815,400

Zone: RR - RURAL RES Minimum Acreage: 1.50 Minimum Frontage: 100

Utilities: PUBLIC WATER,SEPTIC

Page 87: TOWN OF SUNAPEE ZONING BOARD OF ADJUSTMENT A PUBLIC

PICTURE

PERMITS

OWNER TAXABLE DISTRICTS BUILDING DETAILS

BUILDING SUB AREA DETAILS

2020 BASE YEAR BUILDING VALUATION

2.00 STORY FRAME CAMP

Effect.Adj.AreaID DescriptionBAS FIRST FLOOR 1210 1.00 1210FOP PORCH, OPEN, 926 0.20 185UOP UNFIN. COV. 61 0.15 9FUS UPPER STORY, 308 1.00 308FHS HALF STORY, 682 0.50 341WDK DECK, WOOD 120 0.10 12

3,307 2,0651,859GLA:

Heat:

A/C:

Fixtures:Baths:Bedrooms:

Card: 1 of 1

Roof:Ext:

Floor:Int:

1.54

NoQuality:

$ 69.75

1.0018

$ 144,034

Total Depreciation:Temporary:Economic:Functional:

Physical:AVERAGECondition For Age:

$ 93,600

35 %

35 %

04/23/2021Printed:

Com. Wall:

GABLE OR HIP/ASPHALTCLAP BOARD/BOARD/BATTENK PINE/A WDHARDWOODGAS/FA DUCTED

Building Value:

Market Cost New:

MCCRILLIS FAMILY TRUST, JOHN CELDREDGE 1997 REVOC TRUST, SALLY MPO BOX 458

NEWPORT, NH 03773

1.2027

12 BURKEHAVEN LN SUNAPEE

Date Permit ID Permit Type Notes10/09/18 3755 FOUNDATION RAISE STRUCTURE APPROX10/09/18 465LD LAND DISTURBAN FOUNDATION REPAIR WOR

Size Adj: Base Rate:Bldg. Rate:

Sq. Foot Cost:

PercentageDistrict

RCA 58.00

05 ABOVE AVG - 05Generators:

Extra Kitchens: Fireplaces:

1880Year Built:

Model:

Map Block Sub: 000140 000025 000000

Page 88: TOWN OF SUNAPEE ZONING BOARD OF ADJUSTMENT A PUBLIC

LAND VALUATION LAST REVALUATION: 2020

PARCEL TOTAL TAXABLE VALUE

OWNER INFORMATION

LISTING HISTORY

EXTRA FEATURES VALUATION

SALES HISTORY

NOTES

PICTURE

MUNICIPAL SOFTWARE BY AVITAR

WOODED VIEW OF LAKE SUNAPEE HOUSE RESTS ON POST/PIERS REPAIRED BH 2010- NEWER SHED NEAR WATER

MCCRILLIS FAMILY TRIST, JOHN CELDREDGE 1997 REVOC TRUST, SALLY MPO BOX 458

Card:

Market ValueLngth x Width RateUnits CondSize AdjFeature Type NotesRES PAV LARGE 100 1001 3,0003,000.00 Year: 2005BOATHSE UNFIN 100 75620 46,500100.00 Year: 2005DOCKS-RES TYPE 100 50240 9,00075.00 Year: 2005SHED FRAME 100 100252 5,04020.00 Year: 2014BOAT HSE RIGHTS (BR) 100 1001 100,000100,000.00 BH,RD3

163,500

1 of 1

NotesTax ValueAd Valorem RSPICondUnits AdjNCLand Type Base Rate Site Road DWay Topography1F RES WTRFRNT S1.500 100ac 100 0 N68,000 68,000100 100 100 100 -- TYPICAL68,0001F RES WTRFRNT X0.100 100ac 75 0 N200 200 TOPO100 -- TYPICALx 3,200LAKE SUNAPEE AVG 150 F 191.000 wf 90 0733,700 733,700 redev-90 -- TOPO MODERFAIR SOME SLOPE, ACROSS STREET

801,9001.600 ac 801,900

GrantorPriceTypePageBookDate07/25/2017 2013 725 U I 21 MCCRILLIS REVOC LIVING06/05/2013 1883 388 U I 21 MCCRILLIS REVOC LIVING03/26/2013 1874 420 U I 21 MCCRILLIS, JOHN C & EL01/01/1800 0 0

TOWN OF SUNAPEE ASSESSING OFFICE23 EDGEMONT RD

SUNAPEE, NH 03782603-763-2212

04/23/2021Printed:

Site: SITE REDEVELOP Driveway: PAVED Road: GRAVEL/DIRT

Map Block Sub: 000140 000026 000000 10 BURKEHAVEN LN SUNAPEE

NEWPORT, NH 03773

08/22/17 MPAC ADMIN DATA ENTRY / DEED09/29/15 KMHC HEARING CHANGE07/22/15 NBFR IN FIELD REVIEW06/13/13 MPAC ADMIN DATA ENTRY / DEED03/27/13 MPAC ADMIN DATA ENTRY / DEED09/01/11 NBBP BUILDING PERMIT09/09/10 MCFR IN FIELD REVIEW06/14/10 SBBP BUILDING PERMIT

Building Features LandYear2019 $ 616,300$ 137,900 $ 0

Parcel Total: $ 754,2002020 $ 801,900$ 86,300 $ 163,500

Parcel Total: $ 1,051,7002021 $ 801,900$ 86,300 $ 163,500

Parcel Total: $ 1,051,700

Zone: RR - RURAL RES Minimum Acreage: 1.50 Minimum Frontage: 100

Utilities: PUBLIC WATER,SEPTIC

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PICTURE

PERMITS

OWNER TAXABLE DISTRICTS BUILDING DETAILS

BUILDING SUB AREA DETAILS

2020 BASE YEAR BUILDING VALUATION

1.5 STORY FRAME CAMP

Effect.Adj.AreaID DescriptionBAS FIRST FLOOR 1332 1.00 1332FOP PORCH, OPEN, 407 0.20 81FHS HALF STORY, 600 0.50 300FSP PORCH, SCREEN, 114 0.25 29WDK DECK, WOOD 324 0.10 32

2,777 1,7741,632GLA:

Heat:

A/C:

Fixtures:Baths:Bedrooms:

Card: 1 of 1

Roof:Ext:

Floor:Int:

2.04

NoQuality:

$ 74.87

1.0431

$ 132,819

Total Depreciation:Temporary:Economic:Functional:

Physical:AVERAGECondition For Age:

$ 86,300

35 %

35 %

04/23/2021Printed:

Com. Wall:

GABLE OR HIP/ASPHALTWOOD SHINGLEK PINE/A WDHARDWOODGAS/FA DUCTED

Building Value:

Market Cost New:

MCCRILLIS FAMILY TRIST, JOHN CELDREDGE 1997 REVOC TRUST, SALLY MPO BOX 458

NEWPORT, NH 03773

1.2908

10 BURKEHAVEN LN SUNAPEE

Date Permit ID Permit Type Notes06/14/10 2807 OUTBUILDING 2010 OUTBUILDING REPLA

Size Adj: Base Rate:Bldg. Rate:

Sq. Foot Cost:

PercentageDistrict

RCA 58.00

05 ABOVE AVG - 05Generators:

Extra Kitchens: Fireplaces:

1876Year Built:

Model:

1

Map Block Sub: 000140 000026 000000

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LAND VALUATION LAST REVALUATION: 2020

PARCEL TOTAL TAXABLE VALUE

OWNER INFORMATION

LISTING HISTORY

EXTRA FEATURES VALUATION

SALES HISTORY

NOTES

PICTURE

MUNICIPAL SOFTWARE BY AVITAR

10/12 - CAMP ORIG TO Y/B ATTCHD 6 X 5 SHED = NV 11/12-SUPERIOR VIEW; CORRECT DATA; UNINSULATED SUMMER CAMP

MCCRILLIS FAMILY TRIST, JOHN CELDREDGE 1997 REVOC TRUST, SALLY MPO BOX 458

Card:

Market ValueLngth x Width RateUnits CondSize AdjFeature Type NotesFIREPLACE-GAS 100 1001 1,6001,600.00 Year: 1975

1,600

1 of 1

NotesTax ValueAd Valorem RSPICondUnits AdjNCLand Type Base Rate Site Road DWay Topography1F RES I0.220 225ac 95 0 N91,900 91,900 ROW; OVERLOOKS LAK100 100 100 100 -- TYPICAL43,000VIEW 100 83,500 83,500 VW4VIEW 4, VIEW 4, VIEW 4, VIEW 4

175,4000.220 ac 175,400

GrantorPriceTypePageBookDate07/25/2017 2013 725 U I 21 MCCRILLIS REVOC LIVING06/05/2013 1883 388 U I 21 MCCRILLIS REVOC LIVING03/26/2013 1874 420 U I 21 MCCRILLIS, JOHN C & EL01/01/1800 0 0

TOWN OF SUNAPEE ASSESSING OFFICE23 EDGEMONT RD

SUNAPEE, NH 03782603-763-2212

04/23/2021Printed:

Site: AVERAGE Driveway: Road: GRAVEL/DIRT

Map Block Sub: 000140 000029 000000 18 BURKEHAVEN TERR SUNAPEE

NEWPORT, NH 03773

08/22/17 MPAC ADMIN DATA ENTRY / DEED05/03/16 NBBP BUILDING PERMIT01/12/16 MPBP BUILDING PERMIT07/22/15 NBFR IN FIELD REVIEW06/13/13 MPAC ADMIN DATA ENTRY / DEED05/20/13 NBCB CALLBACK BY TAXPAYER03/27/13 MPAC ADMIN DATA ENTRY / DEED11/01/12 MCCB CALLBACK BY TAXPAYER

Building Features LandYear2019 $ 177,800$ 80,400 $ 0

Parcel Total: $ 258,2002020 $ 175,400$ 101,500 $ 1,600

Parcel Total: $ 278,5002021 $ 175,400$ 101,500 $ 1,600

Parcel Total: $ 278,500

Zone: RR - RURAL RES Minimum Acreage: 1.50 Minimum Frontage: 100

Utilities: PUBLIC WATER,SEPTIC

Page 91: TOWN OF SUNAPEE ZONING BOARD OF ADJUSTMENT A PUBLIC

PICTURE

PERMITS

OWNER TAXABLE DISTRICTS BUILDING DETAILS

BUILDING SUB AREA DETAILS

2020 BASE YEAR BUILDING VALUATION

2.25 STORY FRAME CAMP

Effect.Adj.AreaID DescriptionFOP PORCH, OPEN, 670 0.20 134UST UTILITY, 434 0.15 65UAT ATTIC, 910 0.10 91FUS UPPER STORY, 910 1.00 910BAS FIRST FLOOR 1063 1.00 1063WDK DECK, WOOD 96 0.10 10

4,083 2,2731,973GLA:

Heat:

A/C:

Fixtures:Baths:Bedrooms:

Card: 1 of 1

Roof:Ext:

Floor:Int:

1.55

NoQuality:

$ 64.70

0.9788

$ 147,063

Total Depreciation:Temporary:Economic:Functional:

Physical:AVERAGECondition For Age:

$ 101,500

31 %

31 %

04/23/2021Printed:

Com. Wall:

GABLE OR HIP/ASPHALTCLAP BOARD/WOOD SHINGLEK PINE/A WDHARDWOODWOOD/COAL/NONE

Building Value:

Market Cost New:

MCCRILLIS FAMILY TRIST, JOHN CELDREDGE 1997 REVOC TRUST, SALLY MPO BOX 458

NEWPORT, NH 03773

1.1156

18 BURKEHAVEN TERR SUNAPEE

Date Permit ID Permit Type Notes01/11/16 3438 ROOFING 2015 ROOFING REMOVING

Size Adj: Base Rate:Bldg. Rate:

Sq. Foot Cost:

PercentageDistrict

RCA 58.00

05 ABOVE AVG - 05Generators:

Extra Kitchens: Fireplaces:

1901Year Built:

Model:

Map Block Sub: 000140 000029 000000