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Zoning Board of Adjustment Minutes 12/21/04

December 21, 2004 meeting

Members Present:
        Ron Haggett                     Len Pagano                      Frank Scales            Don Winchester          Paul Young
Member Absent:
        Carol Court                     John Kendell                    Tim Quachenbush
Public attendees:
        David Corliss                   Jane Corliss                    Bob McWalters, Atty.
        Matthew Zsofka          Tim Ferwerda                    Wes Enman       
        Anne Enman

Chairman Winchester opened the meeting at 7:20 PM. The members reviewed the application of Mr. Zsofka for a rehearing by Matt & Patricia Zsofka for a Special Exception per Article XI Section G.1 of the zoning ordinance, which was previously denied. 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 20 Pierce Lake Road, Antrim, New Hampshire, Tax Map 7A, Lot 60, located in the Rural District.

At 7:30 PM, Mr. Winchester opened the public hearing on the above application. He had the members of the board introduce themselves and designated Mr. Pagano to sit for Mr. Kendell and Mr. Scales to sit for Ms. Court. He then asked Mr. Zsofka or his representative to make his presentation of the application.

Mr. Ferwerda of Meridian Land Services presented revised drawings, which showed the use of a shared driveway to serve lots 7A-60 and 7A-60-1. This would eliminate the necessity to cross the wetlands on lot 7A-60-1, which was previously proposed. He explained that the driveway to the back lot 7A-60-2 would remain as originally proposed and was designed for the least amount of disturbance to the wetland and buffer zones. Mr. Young asked if the State had approved the crossing. Mr. Ferwerda produced a copy of the approved Wetlands and Non-Site Specific permit, a copy of which is in file #2004-20ZBA. Mr. Young asked if subsurface approval had been obtained. Mr. Ferwerda said that it had and it was covered in note #15 on the plat. The secretary then read the reports from the Planing Board, Health Officer and the Water & Sewer Department all of which saw no reason to deny the application. Mr. Beblowski, Chairman of the Conservation Commission verbally reported that the application had been reviewed and the Commission was supportive of the application if the applicant would agree to increase the buffer zones from 25’ to 50’ on lot 7A-60-2. The request for increasing the buffer zone was in line with a natural resources benefit policy of the Conservation Commission. Mr. Beblowski went on to say that since Mr. Zsofka met the commission half way by eliminating one of the wetland crossings, it was only proper that the commission meet him half way and support the request. Mr. Zsofka said that he would agree to the increase of the buffer zone as requested. Mr. Ferwerda point out that the increase in the size of the buffer zone would result in a greater disturbance of the buffer zone. Mr. Beblowski said that he was aware of the increase and it would be acceptable to the Commission.

Mr. Enman was concerned about enhancing the protection of the wetlands, as there was a good deal of wildlife in the area. He felt that the installation of a 24” culvert would result in destroying the wildlife habitat. Mr. Beblowski said that the Conservation Commission did not have the authority to prescribe mitigating wetlands. That action was the sole prerogative of the DES Wetland Bureau. The secretary echoed Mr. Beblowski’s statement by saying he had also obtained the same information from Mr. Gary Springer at DES. Mr. Corliss asked if the driveway into lot 7A-60-2 could be moved to the vicinity of the property line between lots 7A-60 and 7A-60-1. Mr. Pagano said he saw no legal basis for the zoning board to ask the applicant to make such a change. Some members pointed out that the location of the driveway would be a subject during site plan review before the planning board. Mr. Corliss said that he still wanted it on the record that he was against granting the special exception. Mr. Enman said that he was still opposed to the application because he had reservations about crossing the wetlands and the driveway to the backlot. One of his concerns was an impact on his well system. He was advised that those are questions appropriately addressed to the planning board during the site plan review. There being no further comments from the attendees, Mr. Winchester moved to close public participation in the hearing and for the board to go into deliberation. Mr. Young seconded the motion, which passed. Mr. Young felt that Mr. Zsofka had improved his subdivision plan by eliminating the crossing of one wetland area. He then moved to vote on the criteria necessary to grant a special exception and that the approval be conditional upon the buffer zones on lot 7A-60-2 being increased to 50 feet. Mr. Haggett seconded the motion, which passed. The roll call vote follows:

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

The secretary advised the members that Ms. Court wished to resign; however agreed to serve as an alternate until someone could be found to fill her position. After some discussion it was agreed to ask the selectmen to appoint Ms. Court as an alternate and Mr. Scales as a member.

Mr. Young moved to approve the minutes of the November 30, 2004 meeting as corrected. Mr. Haggett seconded the motion, which was passed. Mr. Haggett moved to adjourn the meeting. Mr. Young seconded the motion, which passed. Mr. Winchester adjourned the meeting at 8:55 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
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