ANTRIM ZONING BOARD OF ADJUSTMENT
May 3, 2005 meeting
Len Pagano Frank Scales Don Winchester
Tim Quachenbush Paul Young
Carol Court John Kendall
Robert Kelly Kim Kelly Doug Crafts
Chairman Winchester convened the meeting at 7:00 pm. Members reviewed the application of Robert and Kim Kelly for a variance. At 7:30 pm, Mr. Winchester convened the public hearing on the request of Robert & Kim Kelly for a variance to Article VIII Lakefront Residential District, Sections C.3 and C.4. The applicant proposes to construct a garage which would be within the fifty (50) foot set back requirement from the road and twenty (20) foot set back requirement from the side property line. Mr. Kelly presented his request by stating that the topography of the property was such that the proposed location of the garage was the only feasible area on the lot where it could be located. Mr. Pagano questioned the location of the garage on the drawing presented. He pointed out that the drawing was not to scale and did not proportionately
represent the location of the garage to the house and to the property lines. As such, the dimensional information was not accurate. Considerable discussion followed regarding just how close to the road and the side property line could the garage be located. One of the controlling factors was the angle to enter and exit the garage from the road which unfortunately was limited due to the topography. Mr. Pagano felt that aesthetically it would be better if the garage were situated parallel to the house rather than at an angle. Mr. Winchester felt it would be desirable to not encroach on the side property line. Mr. Pagano redrew the garage on the plot plan to scale and by so doing, located the garage 14 feet back from the road and 10 feet from the side property line. Mr. Winchester asked if there were any abutters who wished to speak in favor or against the application. There were none. The secretary read a letter from Albert and Nancy Niven who are abutters which stated that they had
no objection to the application. There being no future input from the public, Mr. Winchester moved to close the public participation in the hearing. The motion was seconded by Mr. Young and passed. The board then went into deliberation. The consensus of the board was that there really was nowhere else on the lot that the garage could be feasibly located. The discussion then focused on how best to site the garage. Mr. Young then moved that the application be granted with the following conditions:
1. The garage shall be located parallel to the house
2. The garage shall be no closer than 14 feet to the road
3. The garage shall be no closer than 10 feet to the side property line
Mr. Winchester called for a roll call vote on the conditions required to grant the variance.
1. The proposed use would not diminish surrounding property values. Role call vote: Mr. Winchester – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye.
2. Granting the variance would be of benefit to the public interest. Role call vote: Mr. Winchester – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye.
3. 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. Role call vote: Mr. Winchester – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye.
4. Granting the variance would do a substantial justice. Role call vote: Mr. Winchester – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye.
5. The use is not contrary to the spirit of the ordinance. Role call vote: Mr. Winchester – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye.
Mr. & Mrs. Kelly were advised that their application for a variance had been granted and were told that it would be necessary for them to obtain a building permit before beginning construction.
The secretary introduced Mr. Douglas Crafts who had expressed an interest in joining the board as an alternate member. Mr. Crafts explained that he has been living in Antrim since 1978 and owned a cleaning service business. He has three children who have attended the local school systems. He has previously served on the Antrim Recreation Committee and is interested in Town Government. Mr. Winchester gave a brief summary of the business of the board. Mr. Young moved that the Board of Selectmen be requested to appoint Mr. Crafts to an Alternate position on the board. Mr. Scales seconded the motion which was unanimously carried.
Mr. Young moved to accept the minutes of the April 12, 2005 meeting as presented. The motion was seconded by Mr. Winchester and passed.
Following a brief discussion, Mr. Young moved to increase the hearing fee for appearing before the board to $100. The motion was seconded by Mr. Scales and passed unanimously.
The secretary questioned the need to start public hearings at 7:30 pm as it seemed a good deal of time between 7:00 pm and 7:30 pm was not being used effectively. Mr. Winchester moved that in the future, the board meetings would commence at 7:00 pm and public hearings would be scheduled to begin at 7:15 pm. Mr. Scales seconded the motion which passed.
Mr. Young moved that the meeting be adjourned. Mr. Scales seconded the motion which passed. Mr. Winchester adjourned the meeting at 8:10 pm.
Paul L. Vasques, secretary
Antrim Zoning Board of Adjustment