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Zoning Board of Adjustment Minutes 05/18/04
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ANTRIM ZONING BOARD OF ADJUSTMENT

May 18, 2004 meeting

Members Present:
        Ron Haggett             John Kendall            Don Winchester  
        Paul Young
Member Absent:
Carol Court             Tim Quachenbush
Public attendees:
        Dawn Calderara          Dennis Scheffer         Kevin Akin      
        Frank Scales            Peter Lamb              Len Pagano
        Sydney Wilson Smith

Chairman Winchester opened the meeting at 7:05 PM. The first order of business was a public hearing on the request by Kenneth D. Atkins and Janet Atkins for an Equitable Waiver of Dimensional Requirements under RSA 674:33-a, paragraph I (b) for property located on 15 Hilton Avenue, Antrim, New Hampshire, Tax Map 1C, Lot 36, located in the Residential District. Mr. Winchester had the Board members introduce themselves and then explained the procedure to be followed conducting the public hearing. The secretary noted that the hearing had been duly advertised, all abutters had received notification and no written replies had been received. Mr. Winchester asked Mr. Akins to present his appeal.

Mr. Akins explained that the contractor pouring the foundation had erred by encroaching on the front yard set back by approximately 18 inches. The building inspector noted this error when he was called to inspect the footings. Despite this error, the contractor was allowed to continue with the pouring of the foundation; however, Mr. Akins was advised that he would be required to obtain an Equitable Waiver of Dimensional Requirement per RSA 674:33.a. Mr. Winchester asked if there were any abutters present who wished to speak either in favor or against the appeal. Both Ms. Wilson-Smith and Ms. Calderara who were abutters said they did not object to the request by Mr. Aikens. No one spoke against the appeal. The secretary noted that Board members had been provided with copies of the building inspector’s memo dated May 17, 2004 describing the situation in detail. A copy of the memo is in file #2004-06ZBA. Members were also provided a copy of RSA 674:33.a which outlined the conditions under which an Equitable Waiver of Dimensional Requirements could be granted. There being no further questions or discussion, Mr. Young called for a roll call vote to grant the appeal. Mr. Haggett seconded the motion which passed. Roll call Vote: Ron Haggett – aye, John Kendall – aye, Don Winchester – aye, Paul Young – aye.

The next order of business was to open the public hearing on the request by the Antrim Parks and Recreation Department for a variance from Article VI, Section C.3.a of the zoning ordinance to permit a storage building within the fifty (50) foot front yard set back requirements for town property located on School Street, Antrim, New Hampshire, Tax Map 1A, Lots 108 & 108-1 located in the Residential District.  Mr. Winchester explained that the same basic procedure noted above would be followed while conducting the hearing. The secretary noted that the hearing had been duly advertised, all abutters had received notification and no written replies had been received. Mr. Winchester asked Mr. Lamb to present the application for the Parks and Recreation Department.

Mr. Lamb explained that they wished to construct a building on the athletic field off of School Street. They would like to site the building within the 50-foot front yard setback off of School Street so as not to consume much needed playing area. The building would be 16 feet by 48 feet and situated 20 feet back from the street. A sidewalk parallels the street and the building would be set back 2 feet from the sidewalk. Mr. Lamb indicated that the building would have garage doors at each end and an entry facing the sidewalk. The building would be primarily used for the storage of maintenance equipment, however, would be designed so that a concession stand could be operated during sporting events.

The members discussed the fact that the building being so close to the sidewalk could cause problems with snow removal or snow sliding off the roof. Mr. Lamb agreed with the suggestion that the building be sited at least 4 feet back from the sidewalk. There was also concern that any pedestrian doorway placed on the side of the building facing the sidewalk could cause problems with persons using the sidewalk. Mr. Lamb conceded that such an entrance could be placed at the ends of the building rather then face the sidewalk. There were no abutters present to respond to Mr. Winchester’s request for comments in favor or against the application. Mr. Kendall moved for a roll call vote on the five conditions to be met to grant a variance with a conditional requirement that the building not be located closer than 4 feet to the sidewalk. Mr. Young seconded the motion.

The proposed use would not diminish surrounding property values: Roll call vote: Ron Haggett – aye, John Kendall – aye, Don Winchester – aye, Paul Young – aye.
Granting the variance would be of benefit to the public interest: Roll call vote: Ron Haggett – aye, John Kendall – aye, Don Winchester – aye, Paul Young – 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: Ron Haggett – aye, John Kendall – aye, Don Winchester – aye, Paul Young – aye.
Granting the variance would do a substantial justice: Roll call vote: Ron Haggett – aye, John Kendall – aye, Don Winchester – aye, Paul Young – aye.
The use is not contrary to the spirit of the ordinance: Roll call vote: Ron Haggett – aye, John Kendall – aye, Don Winchester – aye, Paul Young – aye.

Mr. Lamb was advised that the variance had been conditionally granted. He was told that he would be required to obtain a building permit prior to construction. Mr. Lamb asked if the ZBA was the proper board to address regarding leasing signage for advertising on the athletic field. The secretary indicated that a sign ordinance exists for the town which addresses off premise signs and signs on government property but he was not sure of the details. He will research the matter and advise Mr. Lamb.

Mr. Winchester made a motion to accept the minutes of the April 13, 2004 meeting as corrected. The motion was seconded by Mr. Haggett and passed.

The secretary introduced Mr. Scales and Mr. Pagano as individuals interested in serving as alternate members on the Board. Discussion followed wherein the members gave the candidates an insight as to how the Board functions. Mr. Haggett made a motion that the selectmen be requested to appoint Mr. Scales and Mr. Pagano as alternates to the Board and that Mr. Young’s status be changed from an alternate to a full member.

Mr. Haggett moved that the meeting be adjourned. Mr. Young seconded the motion which was passed. Mr. Winchester adjourned the meeting at 7:58 PM.


Respectfully submitted,



Paul L. Vasques, Secretary
Antrim Zoning Board of Adjustment


 
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