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Zoning Board of Adjustment Minutes 11/23/04

November 23, 2004 meeting

Members Present:
        Carol Court                     Ron Haggett             John Kendell                    Len Pagano                      Frank Scales            Don Winchester          Paul Young
Member Absent:
        Tim Quachenbush         
Public Attendees:
        John Doughty, LLS               Terry Schnare           Chris Danforth

Chairman Winchester opened the meeting at 7:05 PM. The members reviewed a letter from Mr. Beblowski, Chairman of the Conservation Commission which outlined the draft of a “Natural Resource Policy”. The purpose of the policy was to establish a framework for reviewing requests for special exceptions in order to disturb the 25-foot buffer zone adjacent to wetlands per Article XI – Wetland District. Members then reviewed the application and documentation submitted by Mighty Oaks Realty, LLC for a special exception to cross four wetlands in a proposed subdivision development.

At 7:30 PM, Mr. Winchester had the members of the board introduce themselves and opened the public hearing on the request by Mighty Oaks Realty, LLC for a Special Exception per Article XI Section G.1 of the zoning ordinance. The applicant proposes crossing wetlands to access building lots, which necessitates disturbing the ground within 25 feet of the wetlands. The property is located on the west side of Route 202 (Concord Street), Antrim, New Hampshire, Tax Map 4, Lot 103, located in the Highway Business & Rural Districts.

Mr. John Doughty, the surveyor representing Mr. Schnare, the developer of the subdivision, presented a conceptual plot plan showing the location of the lots. He explained that the plan presented was the result of having had a conceptual consultation with the planning board and two meetings with the conservation commission. The result of these meetings was to scale down the original proposal from 24 lots to 22 lots. The plan was color coded with the green area designating land to be placed in a conservation easement or reserved as buffer zones. The blue areas designated the wetlands. He indicated that previous presentations had envisioned four wetland crossings but recent site work revealed the necessity for a fifth crossing, Area”E”. He presented the wetland impact details for the crossing. Mr. Doughty stated that Mr. Anthony Costello, a civil engineer, had done preliminary design work on the road. Mr. Doughty explained that lot 22 would be developed at a later date as Phase II of the project. It is proposed to be an extension of the business area of the development.

Mr. Schnare said that their design was planned with the spirit of the ordinance in mind by utilizing the highway business district along Route 202.  He said that lots #1 - #15 would be residential. Lot #16 - #19 would be for professional offices and light retail. Current plans called for refurbishing the current farmhouse and barn for offices and retail. He did indicate that the conservation easement and buffer zones would be incorporated into the deeds and no development or structures would be permitted in these areas. Based on their recent conversations with the Conservation Commission, they were planning to place approximately thirty-six acres into conservation easements and buffer zones.

Mr. Doughty and Mr. Schnare concluded their presentation. Mr. Winchester noted that there were no abutters present to speak either in favor or in opposition to the application. The secretary noted that he had received no written responses to the certified notifications. Mr. Winchester closed the public participation of the hearing and the board went into deliberation.

Mr. Young expressed concern about the length of the shared driveway for lots 1 & 2. He felt that if the planning board rejected the proposed driveway it would be necessary to have two wetland crossings rather than one. Mr. Kendell felt the ZBA should deal with the one requested and if the planning board did not accept the proposed driveway, the applicant would have to return to the ZBA for another special exception. Mr. Haggett called attention to the recommendation of the Conservation Commission that any approval be conditional upon the execution of a conservation easement agreed upon by the Conservation Commission, the Land Trust and the applicant. He went on to say that although the report from the planning board suggested a site review, he felt it was not necessary at this time based on the report from the Conservation Commission.

Mr. Haggett moved that the application for a special exception for the five-wetland crossings be approved based on the following conditions.

Consummated Conservation Easements agreed upon by the Conservation Commission, the Land Trust and the applicant.
New Hampshire DES approval for the wetland crossings.
Copy of the dead easements for the buffer zones.

Mr. Young seconded the motion. The secretary poled the members on the six conditions for granting a special exception.

The proposed use may be similar to one or more of the uses already authorized in that district and is in an appropriate location for such a use. Role call vote: Mr. Kendell – aye, Ms. Court – aye, Mr. Haggett – aye, Mr. Young – aye, Mr. Winchester – aye,
2.      Such approval would not adversely affect the neighborhood, nor otherwise be injurious, obnoxious or offensive. Role call vote: Mr. Kendell – aye, Ms. Court – aye, Mr. Haggett – aye, Mr. Young – aye, Mr. Winchester – aye,
The use will not create excessive traffic congestion, noise, or odors in the neighborhood where it is proposed. Role call vote: Mr. Kendell – aye, Ms. Court – aye, Mr. Haggett – aye, Mr. Young – aye, Mr. Winchester – aye,
Such approval would be consistent with the intent of the Zoning Ordinance, after having given due consideration to recommendations received from the Planning Board. Role call vote: Mr. Kendell – aye, Ms. Court – aye, Mr. Haggett – aye, Mr. Young – aye, Mr. Winchester – aye,
Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Role call vote: Mr. Kendell – aye, Ms. Court – aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Haggett – aye
If the proposed special exception is listed in Article XIII, D, then it must meet all conditions of that Article. (not listed in Article XIII, Section D, therefore not voted on)

The special exception was granted.

Mr. Haggett moved to approve the minutes of the October 26, 2004 as corrected. Mr. Young seconded the motion, which passed. The members agreed to rehear an application from Mr. Zsofka for a special exception to disturb the 25-foot buffer zone for a proposed subdivision. He proposes to reduce the number of wetland crossings presented in a previous application, which was denied on October 26, 2004. The rehearing is scheduled for December 14, 2004, subject to approval by Mr. Zofka’s attorney.

Members then reviewed a proposed draft to revise Article XI – Wetland District to authorize the planning board to grant a special permit to disturb the 25-foot buffer zone providing specific criteria are met. Following a brief discussion, the consensus was to proceed with the preparation of the draft for presentation at a public hearing on December 16, 2004.

Mr. Haggett moved to adjourn the meeting. Mr. Young seconded the motion which passed. Mr. Winchester adjourned the meeting at 8:40 PM.

Respectfully submitted,

Paul L. Vasques, Secretary
Antrim 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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