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Zoning Board of Adjustment Minutes 09/21/04

September 21, 2004 meeting

Members Present:

        Ron Haggett             John Kendall                    Frank Scales                            Don Winchester  Paul Young

Member Absent:

        Carol Court             Len Pagano                      Tim Quachenbush                                 
Public Attendees:

Barbara Shea            Madeline Bozzowski              Peter Kipka
Robert Kipka

Chairman Winchester opened the meeting at 7:00 PM with the introduction of the board members. The first order of business was a public hearing on the request of Mertz Realty, LLC for a variance from Article VI Section C.3.d of the zoning ordinance to permit the addition of an emergency egress to an existing structure which would be within the twenty (20) foot side line set back requirements for property located on 89 Main Street, Antrim, New Hampshire, Tax Map 1C, Lot 161, located in the Residential District. Mr. Winchester explained the procedure to be followed in hearing the request and asked Mr. Kipka of Mertz Realty to present his proposal.

Mr. Kipka stated that the building inspector had advised them that there was inadequate egress according to the fire codes from some of the apartments at the “School House” building. The inspector is requiring the construction of an exterior staircase on the south side of the building; however, any such construction would be within the twenty-foot sideline setback. Mr. Haggett asked how many floors would be serviced by the staircase and Mr. Kipka said that it would be the first two stories. Mr. Winchester asked if the egress could be placed in another location so as not to encroach on the setbacks. The secretary reviewed a memo submitted by the building inspector who stated that the proposed location was the only practical one and any other location would require extensive renovation of the existing building. A copy of the memo and the engineering report stating the need for such an egress is in file #2004-13ZBA. Mr. Winchester then asked if any abutter wished to speak either in favor or against the application.

Ms. Shea stated that she was not in opposition to the application; however, did wish to express some concerns. She said that maple trees had grown over the years and now extended over the property line and are covering portions of her roof. She felt that these trees should be cut back. Mr. Kipka said that they would see to it that the trees would be trimmed. Ms. Shea was also concerned about the existing flagpole that she believed was over 100 years old. She was concerned that at some time it would fall down and cause some serious damage. Mr. Kipka said that he would have the contractor, Blair Bristol, inspect the flagpole and if necessary they would have it repaired to be in a safe condition or have it removed. Mr. Winchester explained that her concerns were not within the jurisdiction of the zoning board as so far as ruling on the variance. The secretary stated that her comments would be made a part of the record that is provided to the building inspector who would see to it that Mr. Kipka addresses Ms. Shea’s concerns.

The members discussed limiting the amount of distance the staircase could encroach on the sideline set back. The consensus was that a condition should be attached to the approval that the design of the staircase would be such as to minimize the intrusion into the setback and would have to be approved by the building inspector. Mr. Winchester moved for a role call vote on the five conditions to be met for the granting of a variance. Mr. Haggett seconded the motion.

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

Mr. Haggett moved to approve the minutes of the August 31, 2004 meeting as corrected. Mr. Young seconded the motion that passed.

The secretary presented notice of a public hearing for Ms. D’Amelio on October 5, 2004, notice of a Conservation Commission meeting on wetland permitting, and registration information for the Fall Planning & Zoning Conference on October 30, 2004.

Mr. Young moved to adjourn the meeting. Mr. Winchester seconded the motion that passed. Mr. Winchester adjourned the meeting at 7:55 PM.

Respectfully submitted,

Paul L. Vasques, Secretary
Antrim Zoning Board of Adjustment

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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