The Town of Northwood, New Hampshire

Chairman Farr calls the meeting to order at 7:00 p.m.

PRESENT: Chairman Bruce Farr, Vice-Chairman Roy Pender, Robert Bailey, Nona Holmes, Alternate Jean Lane, Board Administrator Linda Smith and Board Secretary Lisa Fellows-Weaver.

ABSENT: Thomas Lavigne, and Alternate Ken Wilkins.

VOTING MEMBERS: Bruce Farr, Roy Pender, Bob Bailey, Nona Holmes, and Jean Lane.

MINUTES:
Nona Holmes makes a motion, second by Roy Pender, to approve the minutes of December 17, 2007, as written. Motion passes unanimously; 5/0.

Case #08-01: Ryan Loftus and Renee Tremblay, 1577 First NH Turnpike. Map 108; Lot 96. Applicants are seeking a special exception to Article 1.04(B)(3) to construct an 8’x28’ two-story 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 are present. A balance of $26. is paid in full. Mr. Farr explains the process of granting a special exception. No abutters are present.

Mr. Tremblay explains that there are no changes proposed to the footprint and there will be no infringements on the setbacks. He adds that there is a state approved septic system design. He does not feel that there are any other issues or conflicts with the proposal.

Mr. Pender reads the criteria for a special exception, Section 1.04(B)(3) as follows:
Portions of structures within a setback may be enclosed or
expanded upwards if granted a Special Exception by the ZBA. The
ZBA shall grant the Special Exception only if the following
conditions are met:
(a) If an upward expansion, it shall not have any adverse impact on any neighboring property, including but not limited to blocking of views and/or sunlight.

(b) If an upward expansion, it shall not exceed the maximum height limitations specified in this Ordinance.

Mr. Tremblay states that the back side of the house, the lake side, is a walk out basement. Mr. Farr notes that the building plan states that the total height proposed is 32 ft.; basement to ridge rafter. Mr. Tremblay states that is the lake side and the addition will not exceed 32 ft. Mr. Pender notes that the maximum height amount is 35 ft. Mr. Farr states that they are underneath the maximum.

Mr. Tremblay describes the area and neighboring lots. He states that the abutters are a cottage and four season or year round house. No one is directly behind the house and no views are blocked. He notes that the current view now from an abutter is the side view only. Mr. Bailey states that the boundary line is Rte. 4.

Mr. Pender makes a motion, second by Ms. Lane, to grant the special exception based on the fact that all three criteria have been met. Mr. Pender states that the only neighbor that may be impacted is on the other side of Rte. 4 and it is a higher piece of land. He adds that it fits into the neighborhood. He states that all three criteria have clearly been met and the board must grant the special exception. Motion passes unanimously; 5/0.

Case #08-02: Richard and Charlene Brodeur, 69 Fiore Rd. Map 116; Lot 57. Applicants are seeking variances to Article 3.01(B) and 3.02(B) for road frontage and lot size, to construct a 2,646 sf. year round residence on a 1.024 acre lot, where 2 acres is required. The lot has no frontage (49.56’ on private road) where 150 feet is required.

Mr. and Mrs. Brodeur are present. Assistant Building Inspector Dave Copeland is present. Mr. Farr explains the process of granting a variance. Abutters, Mr. and Mrs. McCarthy are present.

Mr. Brodeur explains that the current structure is a 3 season cottage. The property was purchased in 1982. The proposal is to tear down and then rebuild with a 26’x46’ single family residence. Mr. Brodeur states that the lot size totals 1.025 acres and is one of the largest lots in the Gulf area. He adds that the new house will be a year round home with 3 bedrooms. They are not proposing to increase the number of beds in the cottage. Mr. Brodeur also notes that there is a state approved septic system.

Mr. Brodeur explains that they applied for a special exception last month and it was determined that there were well distance issues; therefore, the special exception would not apply. Mr. Farr asks about the distance from the lake. Mr. Brodeur replies that he has attended the informational session relating to the Comprehensive Shorland Protection Act. He adds that he has obtained permission from the state for the proposal as long as he tears down the cottage completely; they have a hole dug for the foundation, and the septic system is installed. If these items are completed by April 1, the state will consider the project in the beginning stages of construction.

Abutter representing Highpoint Association Ms. McCarthy comments that she was just interested with the septic system.

Area Variance:
1. The variance will not be contrary to the public interest. Mr. Brodeur
states that the area will be better off with the new building; more visually appealing, all codes will be met and it will be energy efficient. The proposal will not change the use of the property. Approval of the variance will allow a structure to be built that is consistent with other properties in the area and will not violate the public interest. The proposed residence on the lot will increase the value of the property, create tax revenue, and will increase the value of all surrounding properties. He adds that the septic system has been approved by the state and will replace the existing holding tank.

2. Special conditions exist such that the literal enforcement of the
ordinance results in unnecessary hardship. Mr. Tremblay states that since purchasing the original camp in 1982, they have acquired three adjoining lots. There is no additional contiguous raw land available to purchase. He states that the original lot size of the lot has increased from .15 acres to 1.024, which is the largest residential lot in the Lynn Grove Association. The existing camp is only a 3 season cottage, is too small, and cannot be winterized without extensive renovations. Mr. Brodeur explains that there are health issues that require them to have one level of living.

3. The variance is consistent with the spirit of the ordinance. Mr. Brodeur states that the new home will meet or exceed the required 20’ setbacks on all sides. The approval of the variance will allow for the enhancement and continuation of the intended use of the property. He adds that the amount of bedrooms will increase; however, the amount of beds will not.

4. By granting of the permit, substantial justice will be done. Mr. Brodeur states that by granting the permit, they will be able to use the property in the same way that others in the association are able to use theirs. He explains that in the association in 2006, a home larger than the proposal was approved on only .3 acres. He states that substantial justice will be done by allowing the construction of the new dwelling on the property that conforms to the state and town requirements, and is consistent with other neighboring properties. In addition, Mr. Brodeur adds that the state approved septic system will protect the environment.

5. No diminution in the value of surrounding properties will be
suffered. Mr. Brodeur states that the proposed building will be an enhancement to the area and will not be any closer to the lake. A new septic system has been approved by the state, which will replace the existing holding tank. He adds that there will not be any impact to the lake. Mr. Brodeur adds that they won the largest residential lot in the area and it has a natural walk-in beach. With the approval of the variance, the new home will be an asset to the surrounding area and the town.

Ms. Lane asks if the property is “grandfathered”. Mr. Farr replies no since the proposal is to change the footprint that is why the variance is necessary. Mr. Brodeur adds that it would not be “grandfathered” since he has added additional lots. Roy Pender makes a motion, second by Jean Lane, to grant the variance based on the fact that all 5 criteria have been met. Mr. Pender states that he feels that the proposal is a nice addition to the area and an enhancement to the town, as long as the applicants meet with the selectmen as this is a private road. Mr. Brodeur states that it is pending with the selectmen, pending approval from the ZBA. Mr. Bailey notes that the leach field is at the end of the road, which may be the turn around. Mr. Brodeur explains that there is no longer an easement as he owns the road since there was a land swap with the Beaulieus. Mr. Farr states that he is in favor of the motion. He notes that his initial concern was square footage. Motion passes unanimously; 5/0.

Internal Business:
Motion for Rehearing: Case #07-28: Jon Hendrick, Corson Dr. Map 105; Lot 25. A motion for rehearing has been submitted from Jon Hendrick, Case #07-28: Jon Hendrick, Corson Dr. Map 105; Lot 25. Applicant is seeking a special exception to Article 1.04(C)(3) to build a 30’ x 58’8” residence on a 4.54 acre lot, with no road frontage. Mr. Bailey recuses himself due to conflict.

Ms. Smith explains the process of a rehearing. She states that an opinion has been received from counsel. She states that the board needs to determine if the document should be released as a public document. After review, Roy Pender makes a motion, second by Nona Holmes, to deem the correspondence from counsel as a confidential document. Motion passes unanimously; 4/0. Ms. Smith refers to the board’s procedures and states that there must be at least three members voting in the affirmative in order to overturn a decision.
Mr. Farr states his opinion relative to the rehearing is that he would like to hear the case based on the information provided by the applicant. Mr. Farr feels that the board should grant the rehearing request. Mr. Pender agrees. Mr. Pender makes a motion, second by Ms. Lane, to grant the request for a rehearing for Case 07-28. Ms. Holmes states that she feels that it is a fair request of the applicant for the board. Motion passes; 4/0. A rehearing is scheduled for Thursday, February 7, 2008 at 7 p.m. Notice to be done in Foster’s to meet the legal requirement and general notice to be in Suncook Sun too.

ZBA Members Terms~2008
Ms. Weaver notes that terms are expiring this year for Mr. Lavigne and Ms. Holmes.

New Application
Ms. Smith states that she has spoken to Mr. Hickey relative to the new application. She explains that Mr. Hickey expressed some discomfort regarding the deadlines specified in the application. Ms. Smith requests the board consider a change in the checklist to state … a completed application…. Ms. Smith states that this will clarify that an application must be complete in order to process. The board agrees with the requested change.

Correspondence
All correspondence is reviewed. Information is received regarding the Annual Office of Energy and Planning Spring Conference, April 26.

Adjournment:
8:00 p.m. Mr. Pender makes a motion, second by Mr. Bailey, to adjourn. Motion passes unanimously; 6/0.

Respectfully submitted,

Lisa Fellows-Weaver
Zoning Board Secretary

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