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Zoning Board of Adjustment Minutes 08/02/05
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ANTRIM ZONING BOARD OF ADJUSTMENT

August 2, 2005 meeting

Members Present:
        Doug Crafts             John Kendall            Len Pagano              Frank Scales            Tim Quachenbush         Don Winchester  Paul Young
Member Absent
        Carol Court     
Public Attendees:
        Paul Belliveau          Douglas Tatro           Karen Tatro

Vice Chairman Young opened the meeting at 7:00 pm and members reviewed documentation in preparation of the public meeting. Mr. Young appointed Mr. Quackenbush to sit for Mr. Winchester who then arrived late. The first order of business was a conceptual consultation with Mr. Paul Belliveau, representing Antrim Mils, Corp. Mr. Belliveau was advised that nothing said by members of the Board or himself would be binding.

Mr. Belliveau explained that they had an opportunity to lease or possible sell the old brick factory building which was located between Antrim Mills and Frameworks. The factory is presently located on the land owned by Antrim Mills. It would be difficult to prepare leasing documents which would equitably share the common charges between the two buildings. He would like to subdivide the land in such a way that the Mill building on Main Street and the factory would be on two separate parcels. He presented a plat showing that the 20,000 square foot lot area requirement for the zoning district could be met; however, providing the required one hundred foot road frontage presented a challenge. He indicted how a hundred foot frontage could be provide off of Main Street but to do so would seriously deplete the parking area for the Mill and remove land from possible future development. He proposed an alternate which was that access to the subdivided property containing the factory could be off the deeded right of way which presently provides access to the Frameworks building. He indicated that the right of way was built to town road standards. Mr. Pagano felt that attempting to obtain frontage off Main Street was not desirable from a planning point of view as it might inhibit future development of the property. Mr. Young was concerned about the parking on the parcel for the factory but Mr. Belliveau advised him that it would be adequate. Following a discussion of the pros and cons of the proposal subdivision, Mr. Belliveau was advised that he should file a formal application to the ZBA. Mr. Kendall felt that perhaps Mr. Belliveau should get a reading from the Planning Board regarding the proposal. It was agreed that Mr. Belliveau would get together with the Town Planner to set up a conceptual consultation with the Planning Board on August 4th. Based on such a meeting, Mr. Belliveau would decide on whether or not to proceed with a formal application.

The next order of business was a public hearing on the request by Douglas H. & Colleen A. Tatro for a variance per Article XVI, Section A of the zoning ordinance for a lot line adjustment which will enlarge an existing non-conforming lot for property located at 38 Pleasant St. Antrim, New Hampshire, Tax Map 1A, Lots 48 & 49-2, located in the Residential District. Mr. Dennis McKenney, the surveyor for the Tatros, presented a plat which showed the expansion of a non-conforming lot of 5,342 square feet to a larger non-conforming lot of 8,087 square feet by virtue of a lot line adjustment. The rear lot line would be a continuation of the existing line and the western boundary line would be moved to the edge of the existing driveway on the Tatro property. Mr. McKenney asked if they would be permitted to amend their application to request variances to site a dwelling within ten feet of the rear yard and twelve feet of the westerly sideline set backs. The question arose as to whether or not it would be proper to permit the amendment without notification to the abutters. It was noted that no abutter had attended the public hearing. It was also noted that the two lot lines in questions were that of the Tatros and not of abutters. After some deliberation, the Secretary poled each individual member, asking if they felt it would be appropriate to proceed without additional notice to the abutters and all concurred that it would be acceptable. Mr. Tatro presented a floor plan of the proposed dwelling and following deliberation the members felt that a variance could be considered to allow encroachment up to ten feet from the lot lines in question.

Mr. Scales moved that a variance be granted to permit the expansion of a non-conforming lot. Mr. Pagano seconded the motion. The five conditions for granting the variance were voted on.
1.      The proposed use would not diminish surrounding property values. Role call vote: Mr. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - aye.
2.      Granting the variance would be of benefit to the public interest. Role call vote: Mr. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - 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. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - aye.
4.      Granting the variance would do a substantial justice. Role call vote: Mr. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - aye.
5.      The use is not contrary to the spirit of the ordinance. Role call vote: Mr. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - aye.

Mr. Kendall moved that a variance be granted to permit a structure to be sited within ten feet of the rear and westerly boundary lines but that all other set backs be met. Mr. Pagano seconded the motion. The five conditions for granting the variance were voted on.
1.      The proposed use would not diminish surrounding property values. Role call vote: Mr. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - aye.
2.      Granting the variance would be of benefit to the public interest. Role call vote: Mr. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - 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. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - aye.
4.      Granting the variance would do a substantial justice. Role call vote: Mr. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - aye.
5.      The use is not contrary to the spirit of the ordinance. Role call vote: Mr. Quachenbush – aye, Mr. Young – aye, Mr. Scales – aye, Mr. Pagano – aye, Mr. Kendall - aye.

Mr. Quachenbush made a motion to approve the minutes of the June 21, 2005 meeting which was seconded by Mr. Pagano and passed. Mr. Young gave a report on a recent meeting of the Growth Committee. Mr. Pagano made a motion to adjourn which was seconded by Mr. Scales and passed. Mr. Young adjourned the meeting at 8:40 pm.

Respectfully submitted,




Paul L. Vasques, Secretary,
Antrim Zoning Board of Adjustment



 
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