Meeting report · Zoning Board of Adjustments
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Zoning Board of Adjustments — August 12, 2025
Public speakers made corruption allegations against the board, challenged core legal doctrines previously decided, and raised unresolved privacy and precedent concerns about lakefront development — while the board repeatedly closed debate and retreated to non-public session, producing a meeting with real and unresolved community-board friction.
Public impact
Issues from this meeting with documented community impact.
01
Lakefront Setback Precedent — Rooftop Deck Approved at 46 Burma Road
Localized but precedent-setting; affects interpretation of 'roof' vs. 'deck' for all future shoreline setback applications in the town. Affected: Lakefront property owners and abutters on Perkins Pond and similar water bodies in Town of Sunapee who may cite this decision as precedent for similar rooftop deck structures within shoreline setbacks.
zoning change
Decisions logged
Every recorded vote, with timestamps and dissents.
Motion to change case order - APA 25-3 first, SED 25-2 second, VA 25-2 third
Reordered due to board member recusals requiring different voting members for each case
Approved unanimously
Appointment of Jamie Silverstein as voting member for APA 25-3
Chair appointed alternate member due to recusals
Approved
Motion to go into non-public session for legal consultation
To discuss railing definition and height measurement issues with legal counsel
Approved unanimously
Motion to seal minutes of non-public meeting
Required procedural vote to seal attorney-client privileged discussion
Approved unanimously by roll call vote
Motion to reverse Select Board's denial in APA 25-3
Found proposed reconstruction complies with zoning requirements, conditioned on see-through railing not exceeding state building code height limits
Approved unanimously
Motion allowing Zoning Board Chair to sign Certificate of Zoning Compliance
Authorized under RSA for appeals when standard permitting authority has conflict
Approved unanimously
Topics discussed
Click a topic to expand quotes and full context.
▶ 01:35 Meeting Procedures and Case Order Change
Chair explained meeting procedures and made a motion to reorder cases, moving APA 25-3 to first position due to board member recusals.
Speakers: Unidentified speaker
▶ 03:52 APA 25-3 Appeal - Certificate of Zoning Compliance Denial
Appeal of Select Board's June 16, 2025 decision denying certificate of zoning compliance for reconstruction at 46 Burma Road, involving height changes and side setback modifications.
Speakers: Unidentified speaker
▶ 47:58 Height Requirements and Railing Definition
Board deliberated whether rooftop deck railings count as part of structure height under the zoning ordinance, with discussion of safety railings and visual impact.
Speakers: Unidentified speaker
▶ 1:09:09 Variance Application for Grade Alteration Within Shoreline Setback
Case VA25-2 for property at 157 Lake Avenue seeking variance to alter existing grade within 50ft of shoreline. Applicant proposes safer access pathways to existing boathouse, docks, and patio structures.
Speakers: Unidentified speaker
▶ 1:11:14 Property Access Safety Improvements
Landscape architect explains proposal to replace unsafe wooden stairs and uneven terrain with proper walkways, landings, and pervious surfaces to improve safety for family access to waterfront structures.
Speakers: Unidentified speaker
▶ 1:17:02 Existing vs. Proposed Access Routes
Discussion of current difficult access to concrete patio/dock area north of boathouse, which currently requires going through boathouse interior or navigating overgrown stone walls and boulders.
Speakers: Unidentified speaker
▶ 1:17:43 SED 25-2 Special Exception Request
Peter and Andrea Enzinger's request for special exception to reconstruct non-conforming structure at 55 Burkhaven Lane, reducing setback violations for side yard, shoreline, and wetland.
Speakers: Unidentified speaker
▶ 1:24:57 Environmental Impact Assessment
Applicant claims no net increase in impervious surface, replacement of gravel with pervious materials, flattened grades to reduce runoff, and addition of native plantings for erosion control.
Speakers: Unidentified speaker
▶ 2:17:44 Five Criteria Variance Analysis
Legal counsel presents detailed analysis of five variance criteria, arguing improvements will protect lake better than existing conditions and DES has already approved the plan.
Speakers: Unidentified speaker
▶ 2:28:03 Neighbor Support
Adjacent property owner Stephen Whitaker expresses support for the project, stating Townsends are good neighbors and the proposed stair replacement will be a good asset.
Speakers: Unidentified speaker
Controversy & dissent
Where the board, the community, or the agenda diverged.
Potentially controversial issues
01
Rooftop Deck vs. Roof Classification at 46 Burma Road (APA 25-3)
Neighbors Tracy Appleby Cole and Suzanne Graves argued that a rooftop deck should not be treated as a 'roof' under the zoning ordinance, raising concerns about height compliance, privacy impacts, and precedent for other lakefront properties. The board consulted legal counsel in a non-public session before ruling, signaling genuine legal ambiguity.
Board position: Approved the appeal, reversing the Select Board's denial, conditioned on see-through railings not exceeding state building code height limits.
high concern
02
Municipal Estoppel and Corruption Allegations in APA 25-3
Former building commissioner John McMahon alleged the board made a 'corrupt choice' in accepting the foundation certification and argued the NH Supreme Court bars the town from applying municipal estoppel to shield zoning violations. The board flatly refused to revisit the issue, dismissing his concerns as 'emotionally charged.'
Board position: Declined to re-examine the municipal estoppel ruling, stating the issue had been thoroughly reviewed with legal counsel previously.
high concern
03
Select Board's Handling of Certificate of Zoning Compliance
Applicant's attorney characterized the Select Board as deflecting responsibility by denying the certificate without identifying any specific zoning deficiencies, effectively using the ZBA as a shield. This raises accountability concerns about inter-board decision-making transparency.
Board position: Agreed with the applicant's interpretation and reversed the denial, authorizing the ZBA Chair to sign the certificate directly under RSA authority.
medium concern
04
Variance for Grade Alteration Within Shoreline Setback at 157 Lake Avenue (VA 25-2)
A landscape architect noted it was unusual for routine safety-access improvements to existing waterfront structures to require a zoning variance, indicating the town's shoreline setback ordinance may be creating an unusually high regulatory burden. The case drew one supportive neighbor but no formal opposition on record.
Board position: Deliberations were ongoing at the time of the summary; board was in the process of applying the five-criteria variance analysis.
low concern
Community vs. board tension
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Action items
Who owes what, by when.
Sign Certificate of Zoning Compliance for APA 25-3
Assigned: Chair Jeff Claus · Due: Next day after meeting
Deliberate on variance application using five criteria presented
Assigned: Board members · Due: To be determined at next meeting phase
Notable statements
The Select Board just wanted to kick it back to you and not be held responsible for saying yes. They did not identify any deficiencies with the revised design that impacted anything in the zoning ordinance. — Nathan Fennesee (Attorney) · Criticizing Select Board's decision-making process on certificate of zoning compliance ▶ 15:52
I don't believe that the plain intent of a roof is to provide protection for a structure and individuals do not customarily gather on a roof. — Tracy Appleby Cole (Abutter) · Arguing against characterizing rooftop deck as a roof for zoning purposes ▶ 33:00
The New Hampshire Supreme Court finds the doctrine of municipal estoppel does not bar the town from enforcing its zoning regulations and building code. — John McMahon · Challenging the board's previous application of municipal estoppel doctrine ▶ 42:20
Zoning board is not looking at the aesthetics of this building. We are concerned with items such as meeting our height requirements, meeting our side setbacks, our horizontal dimensional controls. — Chair Jeff Claus · Explaining board's role in reviewing compliance with dimensional requirements rather than design preferences ▶ 43:59
In my experience, these items have never come to a zoning board for permission to access existing structures, that sort of thing. But the town sunfeet ordinance requires this. — Speaker A (Landscape Architect) · Explaining why variance is needed for what applicant considers routine safety improvements ▶ 1:16:56
The Department of Environmental Services has already reviewed this plan and approved it. As far as the DES is concerned, this will not have a detrimental impact on the lake. — Speaker C (Legal Counsel) · Supporting argument that project meets environmental protection standards ▶ 2:23:56
The Townsends are good neighbors and things that they do, they do well. And this is the most impactful from our point of view... So we approve it. — Speaker B (Neighbor) · Public comment supporting the application ▶ 2:28:53
Member positions
7 issues · 1 explicit · 8 inferred
Jeff Claus
Present
Chair
Motion to change case order - APA 25-3 first, SED 25-2 second, VA 25-2 third
YES
✓
Initiated and approved reordering due to recusals
Appointment of Jamie Silverstein as voting member for APA 25-3
YES
✓
Appointed alternate member to fill voting seat
Motion to go into non-public session for legal consultation
YES
~
Supported non-public session to resolve railing/height legal question
Motion to seal minutes of non-public meeting
YES
~
Voted to seal attorney-client privileged discussion minutes
Motion to reverse Select Board's denial in APA 25-3
YES
✓
Supported reversal; stated board role is dimensional compliance not aesthetics
Motion allowing Zoning Board Chair to sign Certificate of Zoning Compliance
YES
✓
Approved; accepted authority to sign directly under RSA
Municipal Estoppel and Corruption Allegations in APA 25-3
✓
Shut down discussion; characterized the issue as settled and emotionally charged
Jamie Silverstein
Present
Alternate
Appointment of Jamie Silverstein as voting member for APA 25-3
✓
Appointed as voting member for APA 25-3 due to recusals
Motion to reverse Select Board's denial in APA 25-3
YES
~
Voted with unanimous board to reverse Select Board denial
Motion allowing Zoning Board Chair to sign Certificate of Zoning Compliance
YES
~
Voted with unanimous board to authorize Chair to sign certificate
Positions marked ~ are inferred from context and may not reflect the member's explicitly stated position.
Public comment
What residents said — verbatim, with timestamps.
4
Total speakers
1
Addressed
2
Partial
1
Not addressed
Tracy Appleby Cole
Partial
Expressed concerns about a rooftop deck being built in the waterfront setback, arguing that decks should not be considered roofs under zoning ordinance. Worried about privacy impacts and potential precedent for other lakefront properties.
Key concern
Opposition to rooftop deck approval and concerns about privacy/precedent
Board responseBoard discussed the railing height issue in deliberative session and added conditions requiring see-through railings not exceeding state building code height limits
Board addressed the railing concerns with conditions but approved the overall project despite her objections
Suzanne Graves
Partial
As president of Perkins Pond Protective Association, questioned how an illegal foundation becomes legal, how a deck becomes a roof, and expressed confusion about the process. Concerned about setting precedent for the lake area.
Key concern
Questions about legal interpretations and procedural concerns
Board responseChair briefly explained that the foundation legality issue had been extensively reviewed previously and that zoning focuses on dimensional requirements, not aesthetics
Board provided some explanation but didn't fully address all her procedural questions
John McMahon
Not addressed
Former building commissioner who alleged corruption in the town's building certification process. Argued that municipal estoppel should not apply and cited a 2019 NH Supreme Court case. Called the board's acceptance of the foundation certification a "corrupt choice."
Key concern
Allegations of corruption and improper application of municipal estoppel doctrine
Board responseChair stated the foundation legality issue had been thoroughly reviewed with legal counsel and would not be revisited, calling it an "emotionally charged" issue
Board refused to re-examine the municipal estoppel issue and dismissed his corruption allegations
Stephen Whitaker
Addressed
Neighbor and trustee for Valhalla Trust at 151 Lake Avenue expressed support for the Townsend project. Said the applicants were good neighbors and that the proposed stairs would be an asset to the property.
Key concern
Support for the variance application
Board responseBoard thanked him for his comment
Board acknowledged his supportive comment positively
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Report composed by
claude-sonnet-4-6, claude-sonnet-4-20250514, claude-opus-4-6 · analyzed 2026-05-19.