Zoning Board of Adjustments — March 26, 2026
The meeting was primarily a training and organizational session, but Ann Bordiano's pointed public challenge over Lisa Hoekstra's conflict of interest — which triggered a rare non-public session with sealed minutes — elevated the temperature above routine.
Public impact
ADUs Allowed By Right Across All Zoning Districts
New Height Definition Requiring Variances for Boathouse Railings
State-Mandated One Parking Space Limit Per Residential Dwelling Unit
Commercial Solar Systems Allowed With Site Plan Review
Decisions logged
Topics discussed
▶ 00:17 Board Chair and Vice Chair Elections
The board conducted elections for chair and vice chair positions, with Chris Murphy nominated and elected as chair and Pierre Sardin as vice chair.
▶ 01:55 Board Member Appointments
The board addressed filling vacancies left by David Andrews' resignation and appointed Jeff Claus to fill Andrews' term, plus selected three new alternates from six applications.
▶ 06:52 Candidate Presentations
Two candidates present at the meeting (Stuart Greer and Lisa Hoekstra) gave presentations about their backgrounds and qualifications for board positions.
▶ 22:26 Public Comments on Candidate
Ann Bordiano provided public comments raising concerns about one candidate's qualifications and past conduct, which prompted a response from the candidate.
▶ 31:01 Board Training Session
Administrator Allison Trager conducted a training session covering board roles, meeting procedures, zoning districts, and legal requirements.
▶ 1:04:25 Zoning Districts Overview
Staff provided comprehensive overview of town's zoning districts including village commercial, residential, mixed use (1-3), rural residential (80% of town), and rural lands. Explained density requirements and permitted uses for each district.
▶ 1:11:27 Overlay Districts
Discussion of four overlay districts: wetlands, steep slopes, shoreline (250ft from water), and aquifers. These apply as additional restrictions on top of base zoning districts.
▶ 1:12:03 Spirit of the Ordinance
Board discussion on defining the main purposes of Sunapee's zoning ordinance, identifying water body protection, general welfare, and safety/setbacks as key principles.
▶ 1:16:02 Accessory Dwelling Units (ADUs)
Explanation of recent state law changes making ADUs allowed by right (retroactive to July 2025), removing need for special exceptions while maintaining setback and size requirements.
▶ 1:16:08 Special Exceptions - Dimensional Controls
Detailed review of special exceptions in Section 3.50 including boathouses, front setback reductions, vertical expansions, water body additions, fences, and handicap accessibility structures.
▶ 1:42:45 Special Exception 350L - Structure Relocation
Extensive discussion of amended special exception allowing relocation/reconstruction of non-conforming structures, including recent changes to address wetland setbacks and height restrictions.
▶ 1:57:49 Variance Criteria
Overview of state-mandated variance criteria including public interest, spirit of ordinance, substantial justice, property values, and hardship requirements.
▶ 2:01:26 Hardship Criteria for Zoning Variances
Discussion of what constitutes hardship, including special conditions of land or built environment, and clarification that economic hardship differs from financial hardship in certain commercial contexts.
▶ 2:05:23 Staff Summary Process and Improvements
Review of the standard application review process, staff summary creation, and suggestions for improvements including peer review feedback and septic system bedroom limitations.
▶ 2:09:22 2026 Zoning Ordinance Amendments Results
Review of all passed zoning ordinance amendments from town meeting, including parking requirements, setback changes, ADU regulations, solar systems, and height definition changes.
▶ 2:09:22 Parking Requirement Changes
Discussion of new state-mandated parking requirements limiting residential units to one parking space per dwelling unit, with questions about application to short-term rentals.
▶ 2:12:42 Pervious Path Regulations
New maximum length limits for pervious paths in shoreline overlay districts to prevent abuse of the pathway exception for patios and other structures.
▶ 2:15:54 Solar Energy System Regulations
New ordinance allowing residential solar systems up to half an acre by right, and commercial solar systems with site plan review, eliminating need for most solar variances.
▶ 2:18:30 Accessory Dwelling Unit Updates
Changes allowing one ADU by right per property, with second ADUs requiring special exception, and restrictions on detached units and short-term rental use.
▶ 2:22:05 Maximum Height Definition Changes
Amendment to include rooftop deck railings and parapets in maximum structure height calculations, which may require variances for existing boathouses adding railings.
▶ 2:24:25 April Meeting Scheduling
Discussion of April 2nd meeting date availability, with one board member unavailable but alternates available to maintain quorum.
Controversy & dissent
Potentially controversial issues
Lisa Hoekstra Candidacy — Conflict of Interest Allegation
New Height Definition — Boathouse Railing Variance Burden
Short-Term Rental Parking Requirements Under New State Law
ADU Allowance By Right Under State Law — Local Autonomy Curtailed
Community vs. board tension
Action items
Notable statements
This year to have more applicants than positions available is a first. Very unusual. So we're very appreciative of the volunteer participation. — Chris Murphy · Commenting on the high number of qualified applicants for board positions ▶ 29:10
Lisa is the founder and principal on the Lake Osana Peak Short Term Rentals Corporation...In January of 2025, this short term rental group filed a lawsuit disputing the legality of the short term rental ordinance. — Ann Bordiano · Public comment raising concerns about Lisa Hoekstra's candidacy due to ongoing litigation against town ordinances ▶ 22:26
Your board layout...has five voted officials...There's also five alternates. This is different than the Planning board and even the Select Board. — Allison Trager · Explaining the unique structure of the Zoning Board of Adjustment during training ▶ 38:38
ADUs are allowed by right due to state law, even if we would say tomorrow, no ADUs in the town of Sunapee, in court, we couldn't uphold that — Unidentified speaker · Explaining mandatory nature of state ADU requirements ▶ 1:17:00
Rural residential takes up 80% of the town. Everything you see in white back there is all rural residential — Unidentified speaker · Describing the predominant zoning district in Sunapee ▶ 1:09:09
A variance is essentially, we are changing the rules of this ordinance for your property specifically for this property project specifically — Unidentified speaker · Explaining the significant nature of variance approvals ▶ 1:56:49
I actually love this because it, I mean I looked at the numbers, had to reduce our variances — Unidentified speaker · Commenting on effectiveness of special exception 350L in reducing variance applications ▶ 1:49:35
As a reminder, no zoning board case ever sets a precedent. They are all treated individually and independent of one another. — Unidentified speaker · Reminder about legal precedent after discussing a denied solar variance ▶ 2:16:46
The next time we get a use variance come in, I want to bring legal in and just help us go through because it's a little different. — Unidentified speaker · Recommendation for legal assistance on future use variance cases ▶ 2:17:25
I will note something that you may see coming down the pipe... is boathouses. They're pre existing, non conforming... just in order to put a railing on that would require a variance with that definition as proposed. — Unidentified speaker · Warning about potential variance applications for boathouse railings due to new height definition ▶ 2:22:32
Member positions
Positions marked ~ are inferred from context and may not reflect the member's explicitly stated position.
Public comment
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claude-sonnet-4-20250514, claude-sonnet-4-6, claude-opus-4-6 · analyzed 2026-04-02.