ZBA

Minutes

November 26, 2007

Official as of December 17, 2007

Chairman Farr calls the meeting to order at 7:00 p.m.
 
PRESENT: Chairman Bruce Farr, Vice-Chairman Roy Pender, Thomas Lavigne, Robert Bailey, Nona Holmes, Alternate Jean Lane, Building Inspector/Code Enforcement Officer David Hickey, and Board Administrator Linda Smith.

ABSENT: Alternate Ken Wilkins and Board Secretary Lisa Fellows-Weaver.

VOTING MEMBERS: Bruce Farr, Roy Pender, Tom Lavigne, Bob Bailey, and Nona Holmes.

MINUTES:
Nona Holmes makes a motion, second by Tom Lavigne, to approve the minutes of October 22, 2007. Motion passes unanimously; 5/0.

Continued Case:
Case #07-17: David and May Erwin, 107 Broad Cove Rd. Map 120; Lot 15. Applicant is seeking a special exception under Article 1.04 (C)(5), and variances for Article 3.01 (C)(1) and 3.02 (B)& (B)(3) to replace existing 16’x28’ dwelling with a 24’x37’ residence on a lot with 0.53 acres where 2 Ac is required, no road frontage (60’ on private road), and the proposed location of the replacement dwelling is 17’ from a stream, where 20’ is required. 

Mr. Farr reads a fax received from the Erwins requesting to withdraw their application. Roy Pender makes a motion, second by Tom Lavigne, to accept the withdrawal for case 07-17. Motion passes unanimously; 5/0.

Case #07-19: Robert Braun, 216 Long Pond Rd. Map 207; Lot 32. Applicant is seeking a variance under Article 1.04(C)(6), 3.01(B)(2), 3.01(C)(1), and 3.02(B) to construct a 12’x30’ addition and a 8’x34’ deck on a non-conforming lot of .29 acres where 2 Ac is required, within the 12’ setback, and no road frontage (60’ on a private road) where 150’ is required.

Mr. Braun is present and requests to withdraw the application. He explains that he would like to build on the existing footprint. Mr. Hickey states that the variance would not be required if Mr. Braun was to stay within the same footprint. Roy Pender makes a motion, second by Tom Lavigne, to accept the request to withdraw for case 07-19. Motion passes unanimously; 5/0.

New Cases:
Case #07-24: David and Cheryl Turner, Preve Dr. Map 103; Lot 12. Applicants are seeking variances to Article 3.01(B)(2) and (C)(1), and 3.02(B) to construct a 26’x30’ single story residence on a non conforming lot with 0.36 Ac. where 2 Ac. are required, no road frontage (130’ on private road). 

Mr. and Mrs. Turner are present. An outstanding balance of $36. for additional abutters is paid in full. No abutters are present. Mr. Farr explains the process of granting a variance.

Mr. Turner explains the location of the property. He states that the proposal is to add a single family dwelling. Mr. Turner states that currently there is only a shed on the property. Ms. Turner states that they own other property across the private way; three separate parcels. Mr. Farr notes the approval for construction in the file.

Mr. Lavigne suggests that all three variances be addressed at the same time. The board agrees.
 
Area Variance:
1. The variance will not be contrary to the public interest. Ms. Turner
states that most of the lots in the area are even smaller than this lot. Mr. Bailey notes that the lots have been in this area since the 50’s.

2. Special conditions exist such that the literal enforcement of the ordinance results in unnecessary hardship. Mr. Turner states that the rest of the lots in the area are about the same size. There are no more open lots in this area to purchase. He adds that the lot is .36 acres and nothing else can be done with the lot. Ms. Turner adds that they have been taxed as if the lot were a regular house lot so they always thought that it was a lot capable of having a house on it. A state approved septic system has been obtained. 

3. The variance is consistent with the spirit of the ordinance. Ms.  Turner states that they understand that the ordinances are to protect the area and they are doing the best they can to protect the land. They are not within the setbacks. 

4. By granting of the permit, substantial justice will be done. Mr. Turner states that they have been taxed as a house lot since they purchased the land. 

5. No diminution in the value of surrounding properties will be  
suffered. Mr. Turner states that they will be improving the area. He adds that they have two other parcels, one with a camp and the other with a house that they maintain and they want to keep the area nice.

Mr. Lavigne asks the size of the house. Mr. Turner replies that the proposal is for a single family, one story house, 600 sq. ft. Mr. Turner states that they have owned the property for 20 years. He adds that they always intended to be able to build on the lot at some point.

Roy Pender makes a motion, second by Nona Holmes, to grant the area variances for Section 3.01(B)(2), and 3.01(C)(1) for road frontage; and Section 3.02(B) for lot size, based on the fact that all 5 criteria have been met. Mr. Pender states that this lot is small and the proposal is for a small house. He adds that it will comply with the neighborhood and allow the owners to build as their neighbors have. Mr. Lavigne states that this is a reasonable use of the property. Mr. Bailey adds that this will blend in with the neighborhood. Mr. Farr feels that the proposal is the least amount of impact and is a reasonable use of the land. Motion passes unanimously; 5/0.

Case #07-25: Ryan Loftus and Renee Tremblay, 1577 First NH Turnpike. Map 108; Lot 96. Applicants are seeking variances to Article 3.01(C)(1), and 3.02(B) to construct an 8’x28’ addition on a non conforming lot with 0.34 Ac. where 2 Ac. are required, with 112’ of frontage where 150’ is required.

Mr. Loftus and Ms. Tremblay have faxed a letter requesting to continue the case to December 17. Roy Pender makes a motion, second by Tom Lavigne, to grant the continuance to December 17, 2007 for case 07-25. Motion passes unanimously; 5/0. Mr. Farr requests that the applicant be notified in writing that the request to continue has been granted.

INTERNAL BUSINESS:
A discussion is held regarding the proposed “Guide to the ZBA Process” and revised application. Suggestions are made regarding the application questions and noting the differences of the use and area variances. Another option is mentioned to have different applications for the different options for the ZBA. Ms. Smith will revise the document accordingly and present to the board for December 17. 

CORRESPONDENCE
All correspondence is reviewed.

Adjournment:
7:45 p.m. Mr. Bailey makes a motion, second by Mr. Lavigne, to adjourn. Motion passes unanimously; 6/0.

Respectfully submitted,

Lisa Fellows-Weaver
Zoning Board Secretary