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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.

Date Thursday, March 26, 2026 Duration 2.5h Speakers 8 Decisions 9 Mildly contentious

Public ⁠impact

Issues from this meeting with documented community impact.
01

ADUs Allowed By Right Across All Zoning Districts

State law retroactive to July 2025 eliminates local ability to restrict ADUs; any property owner may now add an ADU as of right, potentially increasing density town-wide without case-by-case board review Affected: All Sunapee property owners and neighbors, particularly in rural residential zones which cover 80% of the town
zoning change
02

New Height Definition Requiring Variances for Boathouse Railings

Previously routine safety additions (railings, parapets) now trigger variance applications for a potentially large number of non-conforming lakefront structures Affected: Lakefront property owners with existing non-conforming boathouses throughout Sunapee
zoning change
03

State-Mandated One Parking Space Limit Per Residential Dwelling Unit

New state law caps required parking at one space per unit; legal ambiguity remains for short-term rentals, which may affect enforcement town-wide Affected: Residential property owners, short-term rental operators, and neighbors affected by parking demand
zoning change
04

Commercial Solar Systems Allowed With Site Plan Review

Residential solar up to half an acre now allowed by right; commercial solar now permitted with site plan review, eliminating variance requirement and potentially opening more land to solar development Affected: Landowners and neighbors in areas suitable for commercial solar development
zoning change

Decisions ⁠logged

Every recorded vote, with timestamps and dissents.
Appointment of Chris Murphy as Board Chair
Motion by Jamie Silverstein, seconded by John Feigenbaul
Approved unanimously
Appointment of Pierre Sardin as Vice Chair
Motion by John Feigenbaul, seconded by another member
Approved unanimously
Appointment of Jeff Claus as Alternate
Motion by Jamie Silverstein to appoint Jeff Claus as alternate to fill David Andrews' term
Approved unanimously
Appointment of Jeff Claus as Full Voting Member
Motion by Jamie Silverstein to appoint alternate Jeff Claus to fulfill remainder of David Andrews' term as full voting board member
Approved unanimously
Entry into Non-Public Session
Motion under RSA 91-A:3 II(c) for matters affecting reputation of persons other than board members
Approved by roll call vote
Sealing of Non-Public Meeting Minutes
Motion by Elliot to seal non-public session minutes
Approved by roll call vote
Appointment of Three Alternate Members
Motion to appoint Arthur Melville, Kirk Bishop, and Stuart Greer to three-year terms as Zoning Board alternates ending March 2029
Approved unanimously
All proposed zoning ordinance amendments passed at town meeting
Nine articles including parking requirements, setback changes, solar regulations, ADU updates, and height definition changes all passed
Approved by voters
Motion to adjourn meeting
Meeting adjourned with all in favor
Approved

Topics ⁠discussed

Click a topic to expand quotes and full context.
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 31:01 Board Training Session

Administrator Allison Trager conducted a training session covering board roles, meeting procedures, zoning districts, and legal requirements.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 1:57:49 Variance Criteria

Overview of state-mandated variance criteria including public interest, spirit of ordinance, substantial justice, property values, and hardship requirements.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 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.

Speakers: Unidentified speaker
▶ 2:24:25 April Meeting Scheduling

Discussion of April 2nd meeting date availability, with one board member unavailable but alternates available to maintain quorum.

Speakers: Unidentified speaker

Controversy & ⁠dissent

Where the board, the community, or the agenda diverged.

Potentially controversial issues

01

Lisa Hoekstra Candidacy — Conflict of Interest Allegation

Community member Ann Bordiano publicly alleged that candidate Lisa Hoekstra, founder of a short-term rental corporation, filed a lawsuit in January 2025 disputing the legality of Sunapee's short-term rental ordinance. Appointing someone in active litigation against town ordinances to a board that adjudicates those same ordinances raises serious conflict-of-interest concerns. The board entered a non-public session to deliberate, and ultimately did not appoint Hoekstra among the three selected alternates.
Board position: The board entered non-public session under RSA 91-A:3 II(c) (matters affecting reputation of persons) and ultimately appointed Arthur Melville, Kirk Bishop, and Stuart Greer — not Lisa Hoekstra — to the three alternate positions.
high concern
02

New Height Definition — Boathouse Railing Variance Burden

A 2026 zoning ordinance amendment now includes rooftop deck railings and parapets in maximum structure height calculations. Staff warned the board that existing non-conforming boathouses — a common lakefront feature in Sunapee — would now require variances simply to add safety railings. This imposes an unanticipated regulatory burden on lakefront property owners who made no structural changes.
Board position: The board acknowledged the problem and flagged that the boathouse special exception (350A) may need review for potential repeal in coordination with the planning board. No immediate remedy was adopted.
medium concern
03

Short-Term Rental Parking Requirements Under New State Law

A new state-mandated parking law limits residential units to one parking space per dwelling unit. Board members raised uncertainty about whether this applies to short-term rentals, which often generate higher parking demand. Given the active litigation over short-term rental ordinances and the town's lakeside character, this ambiguity has real enforcement and equity implications for neighbors of STR properties.
Board position: The board acknowledged the ambiguity and directed staff to obtain a legal opinion and share findings with the planning board. No definitive position was taken.
medium concern
04

ADU Allowance By Right Under State Law — Local Autonomy Curtailed

State law, retroactive to July 2025, mandates that ADUs be allowed by right across Sunapee, removing the board's ability to impose a special exception process. Staff explicitly stated the town could not legally prohibit ADUs even if it wanted to. This overrides local zoning preferences and may concern residents in rural residential areas (80% of the town) worried about density, septic capacity, and neighborhood character.
Board position: The board accepted the state mandate as binding and focused on understanding remaining local controls (setbacks, size limits, second ADU special exception, STR restrictions).
medium concern

Community vs. board tension

Action ⁠items

Who owes what, by when.
Share training presentation with newly appointed alternates who were not present
Assigned: Allison Trager · Due: Not specified
Update board handbooks with new zoning ordinance and related materials
Assigned: Allison Trager · Due: Not specified
Review boathouse special exception (350A) with planning board for potential repeal due to pre-existing non-conforming status
Assigned: a speaker · Due: Not specified
Consider amending height restrictions in special exception 350I to allow up to 34ft or 10ft above existing, whichever is lower
Assigned: Board · Due: Not specified
Provide source documentation for economic hardship reference in variance criteria
Assigned: a speaker · Due: Next meeting
Add septic system bedroom limitation information to staff summaries when applicable
Assigned: a speaker · Due: Ongoing
Include explanation of why specific special exceptions apply in staff summaries
Assigned: a speaker · Due: Test for next week's case
Get legal counsel opinion on short-term rental parking requirements under new state law
Assigned: a speaker · Due: Share with planning board
Send digital copy of zoning book to a speaker
Assigned: a speaker · Due: Soon
Prepare staff summary for April 2nd meeting case
Assigned: a speaker · Due: Before April 2nd meeting

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

12 issues · 2 explicit · 14 inferred
Jeff Claus
Chair (former); appointed as Full Voting Member to fill Andrews' term
Present
Appointment of Jeff Claus as Alternate
Accepted appointment as alternate to fill David Andrews' vacant term.
Appointment of Jeff Claus as Full Voting Member
Accepted promotion to full voting member to fulfill remainder of Andrews' term.
Appointment of Three Alternate Members YES ~
Voted in favor of appointing Melville, Bishop, and Greer as alternates.
Motion to adjourn meeting YES ~
Voted in favor of adjournment.
David Andrews
Former Board Member (resigned)
Absent
Board Member Appointments
Resigned from the board, creating the vacancy that Jeff Claus was appointed to fill.
Chris Murphy
Chair (newly elected)
Present
Appointment of Chris Murphy as Board Chair
Nominated and elected unanimously as Board Chair.
Board Member Appointments YES
Expressed appreciation for high volunteer turnout; supported appointment process.
Appointment of Three Alternate Members YES ~
Voted in favor of appointing Melville, Bishop, and Greer.
Entry into Non-Public Session YES ~
Supported entering non-public session to deliberate on Hoekstra candidacy concerns.
Sealing of Non-Public Meeting Minutes YES ~
Supported sealing non-public session minutes.
New Height Definition — Boathouse Railing Variance Burden ~
Acknowledged the issue; supported flagging it for planning board review.
Short-Term Rental Parking Requirements Under New State Law ~
Supported directing staff to obtain legal opinion on STR parking ambiguity.
Motion to adjourn meeting YES ~
Approved adjournment.
Elliott Pratt
Alternate
Present
Sealing of Non-Public Meeting Minutes YES
Motioned to seal non-public session minutes.
April Meeting Scheduling
Identified as available alternate to maintain quorum if a member is absent April 2nd.
Jamie Silverstein
Alternate
Present
Appointment of Chris Murphy as Board Chair YES
Motioned to appoint Chris Murphy as Board Chair.
Appointment of Jeff Claus as Alternate YES
Motioned to appoint Jeff Claus as alternate to fill Andrews' term.
Appointment of Jeff Claus as Full Voting Member YES
Motioned to elevate Jeff Claus from alternate to full voting member.
Appointment of Three Alternate Members YES ~
Voted in favor of appointing Melville, Bishop, and Greer as alternates.

Positions marked ~ are inferred from context and may not reflect the member's explicitly stated position.

Public ⁠comment

What residents said — verbatim, with timestamps.
No public comments were identified in this meeting.
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Report composed by claude-sonnet-4-20250514, claude-sonnet-4-6, claude-opus-4-6 · analyzed 2026-04-02.