Zoning Board of Adjustment

Minutes

April 23, 2007

Official as of May 21, 2007

Chairman Farr calls the meeting to order at 7:00 p.m.
 
PRESENT: Chairman Bruce Farr, Vice-Chairman Roy Pender, Thomas Lavigne, Nona Holmes, Alternates Jean Lane and Andrea Korson, Board Administrator Linda Smith, and Board Secretary Lisa Fellows-Weaver.

PUBLIC: Robert Bailey and John Lane. 

ABSENT: Alternate Ken Wilkins.

VOTING MEMBERS: Bruce Farr, Roy Pender, Thomas Lavigne, Nona Holmes, and Alternate Andrea Korson.

MINUTES:
Roy Pender makes a motion, second by Nona Holmes, to approve the minutes of March 26, 2007, as amended. Motion passes unanimously; 5/0.

APPLICATIONS:
Case #07-02: Kendall Bane, Winding Hill Rd. Map 238; Lot 14. Applicant is seeking a variance under Article 3.01(B)(1) to construct a 44’ x 60’ one story ranch with no road frontage as it is a Class VI road.

Mr. Bane is present along with his contractor Scott Copeland. Abutter Robert Bailey is present.

Mr. Farr deems the application is complete and explains the process of granting a variance. He explains that the proposed house is a one story ranch, not to exceed 18 feet in height, approximately 2,800 sq. ft. in size.

A general discussion is held regarding the surrounding property. Mr. Bailey provides a copy of the maintenance agreement for the road. He states that the property was re-surveyed in 2003 and there are no issues with the setbacks.

Further discussion is held regarding private roads, Class VI roads, and driveways. Mr. Bailey states that Class VI roads are not subject to gates and bars. Mr. Farr notes that the selectmen have a release agreement that must be signed by residents releasing the town of any liability for emergency services. The form is reviewed. Mr. Bailey states that the road is owned by the town; however, it is not maintained by the town.

A discussion is held regarding newly created lots and existing lots. Mr. Farr states that according to the revised ordinances in 2000 any newly created lot must be on a Class 5 road. Ms. Smith refers to RSA 674:41 and explains this is a state law in that a building permit cannot be issued for a lot on a class VI road unless it is on a plan that is approved by the planning board. She states that this lot is on a signed plan. Mr. Farr states that this is an existing approved development on a class 6 road; it is not a newly created lot for building development on a Class VI road. Ms. Smith replies that it has been the town’s interpretation and town counsel has supported it; although the language uses the term “newly created lots”, it is for building development; therefore, it needs to meet the requirement or get approval by the ZBA. Mr. Bane agrees with the explanation and continues with hid request of the board for a variance.

Mr. Bailey states that there are covenants for this property.

Mr. Farr reads that town’s Agreement and Release for Class VI roads. 

Area Variance for Frontage:
1. No diminution in the value of surrounding properties will be suffered. Mr. Bane states that there will be no negative affect from the project. The house will be in the back portion of the lot. The road is maintained by the residents and emergency vehicles can pass. He adds that he will sign the agreement and release for the town.

2. Special conditions exist such that the literal enforcement of the
ordinance results in unnecessary hardship. Mr. Bane states that the original subdivision was done in the 1970’s and was subdivided to be built on. There are houses before this point as well as past this lot who were not required to bring the road up to class 5 standards. Mr. Bailey states that there is a maintenance agreement for the development.

3. The variance is consistent with the spirit of the ordinance. Mr. Bane
states that through the road maintenance agreement everyone along the road takes care of the road for access in and out.

4. The variance will not be contrary to the public interest. Mr. Bane
states that the subdivision was done in 1973 and the road maintenance  agreement has been in effect for some time. The variance would make this a fair situation. Mr. Bailey states that the town has been taxing the lot since 1973. Mr. Farr states that that is not evidence that the lot is a buildable lot; however, the lot has been taxed as such.

5. By granting of the permit, substantial justice will be done. Mr. Copeland states that this will be a nice house, 3000 sq. ft. He adds that the house will be built to code. Mr. Bailey states that there are covenants for the lot and he mentions that there is no livestock allowed, the building must be on a foundation, and the lots cannot be reduced in size. 

Mr. Pender makes a motion, second by Ms. Holmes, to grant the area variance for frontage, based on the fact that all criteria have been met. Mr. Farr states that a house this far off the road will not upset the neighbors. The house will not block any views. He states that as far as justifying the  permit, there are other houses in the area and on either side of this lot. Mr. Lavigne states that it would be a substantial injustice to not allow him to build. He states that all other criteria have been met and the road is passable. Mr. Farr states that this is a town road and the lot is a part of a 1973 development intended for houses to be built. He states that there are houses on both sides already. It is reasonable to continue to add houses. He adds that he feels that the road should be brought up to Class V standards. Motion passes unanimously: 5/0. 

Due to observance of Memorial Day, the May meeting is scheduled for May 21, 2007, at 7:00 p.m., if needed.

Adjournment:
Tom Lavigne makes a motion, second by Andrea Korson, to adjourn. Motion passes unanimously: 5/0.

Respectfully submitted,

Lisa Fellows-Weaver
Zoning Board Secretary