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Drafts ready to share. Click to copy, then post. Zoning Board of Adjustments · Sunapee, NH · January 13, 2026.
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Six agenda cases skipped without explanation or notice to affected parties
At Sunapee's ZBA meeting on 12/2/25, 6 publicly noticed variance cases for two families (38 Jobs Creek Rd & 20 Burma Rd) were skipped with zero explanation. Those applicants — and any neighbors — came prepared for nothing. That's not how public process works.
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Variance criteria concern — hardship vs. preference distinction in Case VA 2508
Sunapee ZBA is being asked to grant a retaining wall variance that hinges entirely on where Eversource wants to put a utility pole — which itself requires a neighbor's easement. Board member David Andrews: this is about "preferences," not hardship. Case continued to Jan 13, 2026.
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Unresolved public safety concern folded into case continuance
Sunapee's highway director raised safety concerns about a utility pole placement near a blind curve on Garnet St — snow plow ops and blocked sight lines for drivers. The ZBA acknowledged the issue and... continued the case. Residents near that curve should be watching Jan 13.
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Board appropriately requiring documentation before granting variance
Sunapee ZBA (12/2/25): Board told the applicant at 41 Garnet St they need written proof from Eversource that underground utilities aren't feasible before they'll decide. Good. That's the board doing its job — not taking a utility company's preference as a given.
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THREAD: Sunapee Zoning Board of Adjustment met 12/2/25. One case was discussed. Six others on the public agenda were skipped without a word of explanation. Here's what residents need to know. 🧵
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First, the skipped cases. The public agenda listed 6 cases for two applicants: Bradley Weiss & Cathleen Shea (38 Jobs Creek Rd — 3 variances + 1 special exception) and Erin & Darrel Barbato (20 Burma Rd — 2 variances). None were called. No explanation given on the record.
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Those applicants prepared applications. Neighbors may have shown up. Anyone who wanted to speak for or against those cases had no idea they'd be skipped. The public agenda is a promise. Skipping 6 cases silently breaks it.
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The one case discussed: VA 2508, 41 Garnet St. Phil Schwarzkopf wants a variance to build a retaining wall over 42" high inside the 10-ft side setback — because Eversource needs to install a utility pole, and the preferred pole location requires removing the existing lower wall.
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Board member David Andrews put the core problem plainly: the variance is tied to a neighbor's easement for a utility pole placement that is about "preferences," not hardship. NH variance law requires genuine hardship — not just a more convenient configuration for a utility company.
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The highway director also flagged a real safety issue: the proposed pole placement is near a blind curve where Garnet St meets Joe's Creek Rd, creating hazards for snow plows and drivers with obstructed sight lines backing out of the garage.
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The board's response was measured: don't decide yet. They required the applicant to get written documentation from Eversource on all pole placement options, and from the town on whether underground utilities are feasible given existing sewer line conflicts.
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That's the board doing its job. But the board's chair also noted: 'The burden of proof is on the applicant.' If the hardship only exists because of where a utility company wants to put a pole, that may not meet the legal standard at all.
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Case VA 2508 is continued to January 13, 2026. The six skipped cases have no scheduled date on the public record yet. Sunapee residents: watch the January agenda closely and show up if your property is near any of these addresses. 📍38 Jobs Creek Rd 📍20 Burma Rd 📍41 Garnet St
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Longer-form draft.
SUNAPEE ZONING BOARD — DECEMBER 2, 2025: SIX CASES SKIPPED, ONE CONTINUED AGAIN At Tuesday's Zoning Board of Adjustment meeting, six publicly noticed cases never came up for discussion — and the board gave no explanation on the record. The public agenda had listed four variance and special exception cases for Bradley Weiss and Cathleen Shea at 38 Jobs Creek Road, and two variances for Erin and Darrel Barbato at 20 Burma Road. Those applicants went through the application process. Their neighbors had the right to attend and comment. None of that happened. If you were affected by any of those cases, you were given no information about when — or whether — they'll be rescheduled. The meeting's only substantive business was Case VA 2508, a retaining wall variance request for a property at 41 Garnet Street. The applicant wants to build a wall over 42 inches high inside the required 10-foot side setback, largely because Eversource needs to install a new utility pole and the company's preferred location requires removing part of the existing wall. The problem the board identified: under New Hampshire law, a variance requires proof of genuine hardship — not just a more convenient arrangement for a utility company. Board member David Andrews stated directly that the request appears to be about "preferences" rather than hardship, and that a variance shouldn't be granted when its approval is contingent on a neighbor granting an easement for a pole placement. The town's highway director separately raised safety concerns about the proposed pole location near a blind curve at Garnet Street and Joe's Creek Road. The board made the right call in not rushing a decision. They required the applicant to obtain written documentation from Eversource laying out all possible pole placement options, and from the town's water and sewer department on whether underground utility installation is feasible. The case is continued to January 13, 2026. What the board did not do is explain publicly why six other cases were passed over without comment. If you live near 38 Jobs Creek Road, 20 Burma Road, or 41 Garnet Street — or if you simply care about how Sunapee's zoning process treats residents who show up prepared — watch the January 13 agenda and consider attending.