ANTRIM ZONING BOARD OF ADJUSTMENT
November 15, 2005 meeting
Doug Crafts John Kendall Tim Quachenbush Frank Scales
Carol Court Len Pagano Don Winchester Paul Young
Eric Hanson Donna Hanson Bill Prokop
In the absence of the Chairman and Vice-Chairman, Mr. Vasques, as Secretary and alternate member acted as Chairman pro tempore and opened the meeting at 7:15 PM by designating Mr. Quachenbush to sit for Mr. Young and Mr. Crafts to sit for Mr. Winchester. He then introduced Mr. Hanson and asked him to present his appeal.
Mr. Hanson referenced a letter dated October 25, 2005 wherein he explained that there was a misunderstanding when they applied for the Special Exception to construct an Auxiliary Living Unit on their property. They had assumed that the approval included he construction of a deck which would extend into the 100 foot set back from the high water mark. When they learned that this was not the case, they filed the appeal currently before the Board. Mr. Hanson referred to information he had obtained off the internet for NHDES specifications regarding structures within the Shoreland Protection District. He pointed out that a patio constructed at ground level is permitted by Antrim’s ordinance but felt that such a patio would have a more adverse environmental affect on the property than a deck supported on posts. Mr. Prokop commented that the
ordinance as written did not make any sense from an environmental impact point of view. Mr. Vasques pointed out that the Zoning Board had granted a variance in the past to construct a deck on the principle dwelling unit which intruded into the 100-foot setback. Mr. Vasques presented members with a letter from Craig and Karen Proctor supporting the Hanson’s application. There were no other abutters present. Members reviewed a floor plan of the Auxiliary Living Unit which showed a 10-foot wide deck extending the length of the dwelling and a plot plan showing the constraints of the 100-foot set back and the PSNH power line easement. Mr. Scales moved for a role call vote to grant a conditional approval of the applications. The condition would be that the deck could not encroach more than 10 feet into the 100-foot setback from the high water mark. Mr. Crafts seconded the motion. Following is the role call vote on the five conditions required to grant a variance.
1. The proposed use would not diminish surrounding property values. Role call vote: Mr. Quachenbush – aye, Mr. Craft – aye, Mr. Scales – aye, Mr. Kendall - aye
2. Granting the variance would be of benefit to the public interest. Role call vote: Mr. Quachenbush – aye, Mr. Craft – aye, Mr. Scales – 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. Craft – aye, Mr. Scales – aye, Mr. Kendall - aye
4. Granting the variance would do a substantial justice. Role call vote: Mr. Quachenbush – aye, Mr. Craft – aye, Mr. Scales – aye, Mr. Kendall - aye
5. The use is not contrary to the spirit of the ordinance. Role call vote: Mr. Quachenbush – aye, Mr. Craft – aye, Mr. Scales – aye, Mr. Kendall - aye
The Hansons were advised that the variance had been granted.
Mr. Prokop then invited the members of the Board to attend the November 17th meeting of the Planning Board at which time a presentation would be made of the Capital Improvement Plan for the years 2006 – 2011.
Mr. Quachenbush made a motion to approve the minutes of the October 4, 2005 meeting as presented which was seconded by Mr. Scales and passed. Mr. Kendall moved that the meeting be adjourned. The motion was seconded by Mr. Quachenbush and passed. Mr. Vasques adjourned the meeting at 7:45 PM.
Paul L. Vasques, Secretary
Antrim Zoning Board of Adjustment