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Zoning Board of Adjustment Minutes 11/28/06
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ANTRIM ZONING BOARD OF ADJUSTMENT

November 28, 2006 meeting


Members & Staff Present:

Doug Crafts
John Giffin
Bradley Houseworth
Frank Scales
Paul Vasques
Don Winchester
Paul Young

Members Absent:

Carol Court
John Kendall
Len Pagano

Public Attendees:

Pam Caswell
Jodie Chace
Roger Cullen (Builder)
Ann Ford
Glenn W. Martin
Judith Travers
Wayne Travers
        

Chairman Winchester convened the meeting at 7:15 PM.  He introduced himself, welcomed everyone, and asked the other Board members to introduce themselves.  Chairman Winchester appointed Mr. Scales to sit for the absent Mr. Kendall and Mr. Giffin to sit for the absent Mr. Pagano and explained the process of the public hearing and how the meeting will be conducted.

Travers, Judith & Wayne - File # 2006-15ZBA:  Chairman Winchester opened the public meeting on the request of Amy T. Wells Schuyler and Wayne & Judith Travers for a variance to Article VIII Section C.3.  The applicant proposes to expand a non-conforming structure which is within the 50-foot road right of way on property located at 102 Breezy Point Road, Tax map 8C, Lot 47 in the Lakefront Residential District.  Chairman Winchester asked the applicant to stand and present his proposal to the Board.

Mr. Travers introduced himself and explained to the Board that he is proposing to remove an existing summer cottage and build a new home on his property.  He stated that his daughter and son-in-law are the home owners to the left as you look at the provided plans and are the last house in that direction, utilizing the same right of way that he uses to access his lot.    Mr. Travers explained that the new building will be built closer to his daughter and son-in-law’s property.  He stated that the new building will not be within the property’s side and rear setbacks.  He explained that the reason for coming before this Board for a variance is because the new building will not be fifty (50) feet from the street or road right-of-way line as required by the Town of Antrim Zoning Ordinance.  He stated that the new septic system design has been approved by the State of New Hampshire (Approval # CA 2006081739) and will meet the septic tank setbacks.  He explained that the proposal doesn’t appear to impinge on any abutting neighbors and would add value to the Town because it is a year round residence.  He also stated that he and his wife don’t have any other children so there won’t be any impact on the local school system.  Mr. Travers asked the Board if the members had any other questions for him.
Chairman Winchester asked Mr. Travers if the builder is present, he replied yes and stated that he has hired Roger Cullen to build the new home.  Mr. Cullen stood up, introduced himself, and said he is with Thunder Mountain Construction out of Washington, NH.  Mr. Cullen stated that he has worked with the building inspector before in the past and invited Mr. Jeff Parsons to call him if there are any questions about the project.  Mr. Cullen stated that he hasn’t worked on many new homes in Antrim in recent years so he was not sure what the current setbacks are.  He stated that he had spoken with Mr. Parsons, who informed him that the side and rear setbacks are twenty (20) feet in the Lakefront Residential District.  Mr. Travers mentioned that the issue is that they do not have a fifty (50) foot setback in the front of the house from the right-of-way.  Mr. Vasques stated that there is also a requirement for a one hundred (100) foot setback from the high water mark of Franklin Pierce Lake.  He stated that based on the provided drawing, it seems that the proposed new home is not one hundred (100) feet from the high water mark but is approximately ninety two (92) feet, and needs to be moved back to make sure it meets the one hundred (100) foot setback.  Mr. Vasques suggested to the Board that should they grant Mr. Travers the variance, a condition should be added that the new home will be at least one hundred (100) feet from the high water mark.  He stated that Mr. Parsons would inspect to make sure the new home will meet this one hundred (100) foot setback.  Mr. Travers asked Mr. Vasques if the deck of the new home can extend into the one hundred (100) foot setback, he replied yes but no more than twelve (12) feet.

Chairman Winchester asked the Board if there were any other questions for the applicant.  Mr. Giffin asked Mr. Travers if the existing driveway and right-of-way is in use, he replied yes and stated that it is only used by himself and his daughter and son-in-law.

Chairman Winchester closed the public meeting, opened the public hearing, and asked if any abutters were present that would like to speak in favor of the proposal.  Ms. Ann Ford introduced herself and stated that they abut the back of the property in the Town of Hillsborough.  She stated that she has no objections to the proposed project.  Ms. Jodie Chace introduced herself and stated that they are the abutter to the west, the right-of-way goes through their lot, and they are definitely in favor of this proposal.  Chairman Winchester asked if any abutters were present that would like to speak against the proposal; there were none.  He closed the public hearing and opened the public meeting for the deliberation of the Board.  

Chairman Winchester asked the Board if they had any further questions or if they were ready for a roll call vote.  Mr. Crafts asked Mr. Travers if they are using the existing well, he replied that they replaced the old with a new one two (2) years ago.  Mr. Young asked Mr. Travers if the old pump house will remain and if it is still in use, he replied that it is still in use and will remain.  

Mr. Scales made a motion that a roll call vote be taken for the area variance.  Mr. Winchester seconded the motion which passed.  The following conditions apply to this area variance:  The new dwelling must be sited one hundred (100) feet back from the high water mark of Franklin Pierce Lake and at least twenty (20) feet from the side and rear property lines.  Mr. Vasques reviewed the criteria for an area variance prior to the Roll Call vote.  Roll Call vote:

1.      The value of surrounding properties will not be diminished.  Roll call vote: Mr. Giffin – aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Scales – aye, and Mr. Crafts – aye.
2.      The variance will not be contrary to the public interest.  Roll call vote: Mr. Giffin – aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Scales – aye, and Mr. Crafts – aye.
3.      Special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship as follows:
A) An area variance is needed to enable the applicant’s proposed use of the property given the special conditions of the property.  Roll call vote: Mr. Giffin – aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Scales – aye, and Mr. Crafts – aye.
B) The benefit sought by the applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than an area variance.  Roll call vote: Mr. Giffin – aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Scales – aye, and Mr. Crafts – aye.
4.      Substantial justice is done.  Roll call vote: Mr. Giffin – aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Scales – aye, and Mr. Crafts – aye.
5.      The variance is consistent with the spirit of the ordinance.  Roll call vote: Mr. Giffin – aye, Mr. Young – aye, Mr. Winchester – aye, Mr. Scales – aye, and Mr. Crafts – aye.

Mr. Travers was advised that the variance had been granted and he would receive an official notice of decision in the mail, signed by Chairman Winchester.  

Approve ZBA Meeting Minutes:  Mr. Young made a motion to approve the minutes of the September 26, 2006 meeting as presented, which was seconded by Mr. Crafts and unanimously passed.  Mr. Scales made a motion to approve the minutes of the November 7, 2006 meeting as presented, which was seconded by Mr. Young and unanimously passed.  

Chairman Winchester moved to adjourn the meeting.  Mr. Giffin seconded the motion which passed.  Chairman pro-tem Vasques adjourned the meeting at 7:50 PM.


Respectfully submitted,

Bradley J. Houseworth,
Planning Technician
Antrim Zoning Board of Adjustment

 
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