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Zoning Board of Adjustment Minutes 10/05/04

October 5, 2004 meeting

Members Present:
Carol Court             
Ron Haggett             
Len Pagano                              
Frank Scales            
Don Winchester  
Paul Young

Member Absent:
John Kendall            
Tim Quachenbush         
Public Attendees:
Stephen Noble

Chairman Winchester opened the meeting at 7:05 PM by introducing the board members and designating Mr. Pagano TO sit for Mr. Kendell. The first order of business was a public hearing on the request of Adrienne D’Amelio for a variance from Article VIII, Sections C.3 & C.4 of the zoning ordinance. The applicant proposes to demolish an existing garage and to construct a larger garage which would be within 100 feet of the high water mark of Franklin Pierce Lake and within 20 feet of the side property line on property located at 166 Pierce Lake Road, Tax Map 7A, Lot 78 located in the Lakefront Residential Districts.

Mr. Noble, acting as agent for Ms. D’Amelio explained that the existing garage was in bad repair and that they proposed to demolish it and construct a new larger garage. He presented a drawing which showed that the new structure would be 16’ from the sideline set back and 35’ from the high water mark of Franklin Pierce Lake. These setbacks would be the same as they were for the existing garage so there would be no further encroachment on the setbacks. Mr. Winchester asked if the new garage would be on a foundation. Mr. Noble explained that the existing slab would be removed and a new slab would be poured for the entire new structure. He has contracted with LaValley to install a garage on the new slab. There would be garage doors on both ends, the sidewalls would be approximately 10’ high to allow foe 9’ doors, constructed of texture 111 and it would have a trussed roof. Mr. Pagano was concerned that the structure would be used for living quarters. Mr. Noble said that there would be no electricity or water in the structure. The secretary pointed out that any alternations to the proposed structure would require a building permit which would preclude any living quarters unless, of course, such construction would be done illegally.
Mr. Young asked if the garage could be located somewhere else on the property so as not to be so close to the high water mark. Mr. Noble said that the topography of the land rose rapidly toward the driveway and main road; hence was too steep to locate the garage there. In addition, there already was a tool shed across the drive from the garage. Mr. Pagano asked if there was sufficient room in front of the garage for vehicles to negotiate the turn into the garage. Mr. Noble said that there was but in reality the garage would primarily be used for the storage of a pontoon boat rather than for vehicles.

There were no abutters present to speak either in favor or in opposition to the application. Mr. Winchester declared the public hearing closed and the board went into deliberation. A general discussion followed regarding construction within the 100 foot set back of the high water mark. Several members noted that the proposed garage would not be increasing the nonconformity of the setbacks.

There being no further discussion, Mr. Young called for a roll call vote on the five conditions to be considered when granting a variance. Mr. Haggett seconded the motion that passed.

The proposed use would not diminish surrounding property values: Roll call vote: Mr. Pagano - aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Haggett – aye, Ms. Court – aye.
Granting the variance would be of benefit to the public interest: Roll call vote: Mr. Pagano - abstain, Mr. Young – aye, Mr. Winchester – aye, Mr. Haggett – aye, Ms. Court – aye.
Denial of the variance would result in unnecessary hardship to the owner because of special circumstances of the property that distinguish it from other properties similarly zoned: Roll call vote: Mr. Pagano - aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Haggett – aye, Ms. Court – abstain.
Granting the variance would do a substantial justice: Roll call vote: Mr. Pagano - aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Haggett – aye, Ms. Court – abstain.
The use is not contrary to the spirit of the ordinance: Roll call vote: Mr. Pagano - aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Haggett – aye, Ms. Court – nay.

Mr. Haggett moved to approve the minutes of the September 21, 2004 meeting. Mr. Scales seconded the motion which was passed.

The secretary presented a notice of the SWRPC quarterly dinner meeting scheduled for October 19, 2004. He also provided literature regarding booklets covering the Law Lecture Series #’s 1, 2 & 3 presented by the NH Municipal Association.

Mr. Young moved to adjourn the meeting. Mr. Haggett seconded the motion, which passed. Mr. Winchester adjourned the meeting at 8:10 PM.

Respectfully submitted,

Paul L. Vasques, Secretary
Antrim Planning Board

Town of Antrim, NH P.O. Box 517, 66 Main Street Antrim, NH 03440
Phone: (603) 588-6785    Fax: (603) 588-2969    Monday - Thursday 8:00am - 4:00pm
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