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Zoning Board of Adjustment Minutes 11/30/04
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ANTRIM ZONING BOARD OF ADJUSTMENT

November 30, 2004 meeting

Members Present:
        Ron Haggett             John Kendell                    Len Pagano                      Frank Scales            Paul Young
Member Absent:
        Carol Court             Tim Quachenbush                 Don Winchester
Public Attendees:
        Shane Lamptnen          Jim Blair               Rand Burnett, Atty.
        Ted Olson                       Lynn Blair              Steve Lauber    
        Jane Lauber                     Gayle Rochford  Wes Enman

Vice-Chairman Haggett opened the meeting at 7:00 PM. The members reviewed the Lauber and Elder applications for special exceptions to disturb the buffer zone adjacent to wetlands per Article XI. At 7:30 PM he designated Mr. Scales to sit for Ms. Court and Mr. Pagano to sit for Mr. Winchester. He then asked the members of the board to introduce themselves after which he explained the procedure for the conduct of the public hearings.

The first order of business was the public hearing on request by Burtis & Jane Lauber 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 northerly side of Elm Avenue, Antrim, New Hampshire, Tax Map 7, Lot 20, located in the Rural District.
Ms. Rochford, the surveyor for the Laubers presented a plot plan for a proposed ten-lot subdivision, which required two crossings of wetlands. One was required on a portion of Ashley Road to permit bringing a portion of the road up to Class V specifications and the other was for a shared driveway to access two of the lots. Mr. Kendell asked if state approval would be sought for the work on Ashley Road. Ms. Rochford said that dredge and fill permits would be requested. She explained that Class V specifications would be met except for the width because of the existing stone walls. She explained that the Board of Selectmen had approved their petition to upgrade a portion of Ashley Road from Class VI to Class V. Questions were asked for the need for a shared driveway. Ms. Rochford explained that a shared driveway as proposed would only require crossing the wetland at one minimal point whereas individual drives would require crossing two wetlands with substantially more impact. Mr. Haggett asked for abutter comments either in favor or in opposition to the application. No one spoke. Mr. Scales moved that public participation in the hearing be closed and the board go into deliberation. Mr. Young seconded the motion, which passed. Members reviewed reports from the Planing Board, Health Officer, Conservation Commission and Water and Sewer Department. There being no further deliberation, Mr. Scales called for a roll call vote on the requirements to be met for granting a special exception with conditional approval. The conditions would be:

1. Subject to a permanent conservation easement executed per the Conservation Commission letter dated November 29, 2004.
2. Subject to all state and federal requirements
3. The wetland crossings be limited to the two shown on the drawing dated 11/2004

. Mr. Young seconded the motion. Roll call vote:

1. 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, Mr. Scales - aye, Mr. Haggett - aye, Mr. Young - aye, Mr. Pagano - aye,
2. Such approval would not adversely affect the neighborhood, nor otherwise be injurious, obnoxious or offensive. Mr. Scales - aye, Ms. Kendell - aye, Mr. Young - aye, Mr. Haggett - aye, Mr. Pagano - aye,
3. The use will not create excessive traffic congestion, noise, or odors in the neighborhood where it is proposed. Mr. Scales - aye, Ms. Kendell - aye, Mr. Young - aye, Mr. Haggett - aye, Mr. Pagano - aye,
4. 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. Scales - aye, Ms. Kendell - aye, Mr. Young - aye, Mr. Haggett - aye, Mr. Pagano - aye,
5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Role call vote: Mr. Scales - aye, Ms. Kendell - aye, Mr. Young - aye, Mr. Haggett - aye, Mr. Pagano - aye,
6. 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)

Ms. Rochford and the Laubers were advised that their application had been approved.

Mr. Haggett then opened the public hearing on the request by Stephen B. Elder for a Special Exception per Article XI Section G.1 of the zoning ordinance. The applicant proposes crossing a wetland to access a building lot which necessitates disturbing the ground within 25 feet of the wetlands. The property is located at 38 Pierce Lake Road, Antrim, New Hampshire, Tax Map 7A, Lot 60, located in the Rural District. Mr. Burnett, counsel for Mr. Elder present drawings showing a proposed three lot subdivision which required the crossing of a wetland for a driveway to access one of the lots. Some questions were asked to clarify the location of the buffer zone. Mr. Haggett asked for abutters' comments either in favor or in opposition to the application. Mr. Blair, an abutter, said that he was not in opposition to the request but was concerned that if the culvert were to clog or there were to be excess rain, the water would back up onto his property. The members reviewed the drawings and pointed out that the contour of the land was such that should the culvert be blocked or there be excess water, the overflow would pass over the drive and through established drainage before the water level would rise to such a height that it would remain on the Blair land.

Mr. Scales moved that public participation in the hearing be closed and the board go into deliberation. Mr. Young seconded the motion, which passed. Members reviewed reports from the Planing Board, Health Officer, Conservation Commission and Water and Sewer Department. Mr. Young felt that consideration should be given to the Conservation Commission recommendation that a shared driveway be used on two of the lots, which would eliminate the need for a wetland crossing. The secretary advised the members that town counsel has recommended the avoidance of shared driveways because of the increase litigation between uncooperative landowners sharing a drive. Mr. Haggett felt that if the state was satisfied with the wetland crossing and granted a permit, then siting a drive at that point would be preferable to a shared drive. It was pointed out that it was still the prerogative of the planning board to permit a shared drive rather than a wetland crossing despite approval of the crossing by the zoning board. There being no further deliberation, Mr. Young called for a roll call vote on the requirements to be met for granting a special exception with conditional approval. The approval would be conditional upon meeting all state and federal requirements. Mr. Scales seconded the motion. Roll call vote:

1 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, Mr. Scales - aye, Mr. Haggett - aye, Mr. Young - aye, Mr. Pagano - aye,
2 Such approval would not adversely affect the neighborhood, nor otherwise be injurious, obnoxious or offensive. Mr. Scales - aye, Ms. Kendell - aye, Mr. Young - aye, Mr. Haggett - aye, Mr. Pagano - aye,
3 The use will not create excessive traffic congestion, noise, or odors in the neighborhood where it is proposed. Mr. Scales - aye, Ms. Kendell - aye, Mr. Young - aye, Mr. Haggett - aye, Mr. Pagano - aye,
4 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. Scales - aye, Ms. Kendell - aye, Mr. Young - aye, Mr. Haggett - aye, Mr. Pagano - aye,
5 Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Role call vote: Mr. Scales - aye, Ms. Kendell - aye, Mr. Young - aye, Mr. Haggett - aye, Mr. Pagano - aye,
6 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)

Mr. Burnett was advised that the application had been approved.

Mr. Kendell moved to approve the minutes of the November 23, 2004 meeting. Mr. Haggett seconded the motion, which passed. Mr. Young moved to adjourn the meeting. Mr. Scales seconded the motion, which passed. Mr. Haggett adjourned the meeting at 8:50 PM.


Respectfully submitted,




Paul L. Vasques, Secretary
Antrim Zoning Board of Adjustment


 
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