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Zoning Board of Adjustment Minutes 08/30/05
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ANTRIM ZONING BOARD OF ADJUSTMENT

August 30, 2005 meeting

Members Present:
        Doug Crafts             John Kendall            Frank Scales            Paul Young
Member Absent
        Carol Court             Len Pagano              Tim Quachenbush         Don Winchester
Public Attendees:
        Robert Girouard Paul Belliveau          Leslie Belliveau        Walter Neff

Vice Chairman Young opened the meeting at 7:00 PM by introducing the Board members. He appointed Mr. Crafts to sit for Mr. Winchester. The first order of business was a public hearing on the request of Robert Girouard for a variance from Article IX Section C.4 of the zoning ordinance to construct an addition to an existing structure which would be within the 75 front yard setback line for property located on 9 Brimstone Corner Road, Antrim, New Hampshire, Tax Map 5, Lot 67, located in the Rural Conservation District.

Mr. Girouard explained that he wished to add a two-story addition on the side of his home but it would encroach upon the seventy-five foot front yard set back by fifteen feet. He provided drawings showing that the house is currently situated twelve feet from the road right of way. The drawings showed that the addition would be well within the sideline setbacks. He explained that since the bulk of the house was already in the setback, it wasn’t feasible to add the addition without it also being in the setback. Mr. Young asked for abutters comments. There were no abutters present to speak either in favor or against the application. Mr. Scales moved for a vote on the conditions required to grant a variance. Mr. Crafts seconded the motion. Role call vote: (Mr. Kendall was not in attendance for the roll call).

1.      The proposed use would not diminish surrounding property values. Role call vote: Mr. Young – aye, Mr. Scales – aye, Mr. Crafts - aye
2.      Granting the variance would be of benefit to the public interest. Role call vote: Mr. Young – aye, Mr. Scales – aye, Mr. Crafts - 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. Young – aye, Mr. Scales – aye, Mr. Crafts - aye
4.      Granting the variance would do a substantial justice. Role call vote: Mr. Young – aye, Mr. Scales – aye, Mr. Crafts - aye
5.      The use is not contrary to the spirit of the ordinance. Role call vote: Mr. Young – aye, Mr. Scales – aye, Mr. Crafts – aye

Mr. Girouard was advised that the variance was granted and that the next step would be for him to obtain a building permit.

The next order of business was a public hearing on the request of Antrim Mills Corp. for a variance from Article IV Section C.1.e of the zoning ordinance to permit a subdivision with frontage off a deeded right of way rather then a Class V road for property located on 42 Main Street, Antrim, New Hampshire, Tax Map 1A, Lot 170-1, located in the Village Business District. Mr. Belleview presented a plot plan showing the proposed subdivision and explained that the only way to provide the required one hundred foot frontage on a Class V road would be to configure the two parcels in question in such a way as to eliminate parking areas from the Antrim Mills parcel on Main Street. He felt that this would not be the best use for the potential commercial development of the properties. He pointed out that a deeded right of way accessed the parcel to be subdivided. Mr. Belliveau claimed that the right of way had been built to town road construction specifications and it was maintained by Frameworks, Inc. Members asked questions of Mr. Belliveau to clarify the location of the right of way. A general discussion followed regarding the use of the old factory building. Most all questions asked were not in the jurisdiction of the Zoning Board and Mr. Vasques explained that they would be dealt with by the Planning Board when it heard the application for a subdivision or a site plan review should the building be put into use. Mr. Young asked for comments from abutters. Mr. Neff was the only abutter present and he was not in opposition to the application. His only question was regarding the current power line from the Antrim Mills building to the old factory. Mr. Belliveau said the line would be removed as the old factory building had its own three-phase power source. Mr. Crafts moved that a vote be taken on the conditions to be met to conditionally grant a variance. The following conditions would apply:

1.      The applicant is to provide the Planning Board with a subdivision drawing which clearly defines the deeded right of way.
2.      The applicant is to provide the Planning Board with a draft of the proposed deeded right of way to the parcel.

Mr. Scales seconded the motion. Roll call vote: (Mr. Kendall was present for this roll call).

1.      The proposed use would not diminish surrounding property values. Role call vote: Mr. Young – aye, Mr. Scales – aye, Mr. Crafts – aye, Mr. Kendall - aye
2.      Granting the variance would be of benefit to the public interest. Role call vote: Mr. Young – aye, Mr. Scales – aye, Mr. Crafts – 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. Young – aye, Mr. Scales – aye, Mr. Crafts – aye, Mr. Kendall – aye
4.      Granting the variance would do a substantial justice. Role call vote: Mr. Young – aye, Mr. Scales – aye, Mr. Crafts – aye, Mr. Kendall - aye
5.      The use is not contrary to the spirit of the ordinance. Role call vote: Mr. Young – aye, Mr. Scales – aye, Mr. Crafts – aye, Mr. Kendall – aye

Mr. Crafts made a motion to approve the minutes of the August 2, 2005 meeting as presented which was seconded by Mr. Scales and passed. The Secretary distributed information on the Municipal Law Lecture Series. Mr. Kendall moved that the meeting be adjourned. Mr. Crafts seconded the motion which passed. Mr. Young adjourned the meeting at 8:30 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
Phone: (603) 588-6785    Fax: (603) 588-2969    antrimatc@tds.net    Monday - Thursday 8:00am - 4:00pm
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