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Zoning Board of Adjustment Minutes 12/12/06

December 12, 2006 meeting

Members & Staff Present:

Doug Crafts
John Giffin
Len Pagano
Frank Scales
Paul Vasques
Don Winchester
Paul Young

Member & Staff Absent:

Carol Court
Bradley Houseworth
John Kendall
Public Attendees:
Tom Benedict, LLS
Allen Copley
Katy Copley
Micheline DeBose        
Laurie Demers
Bruce Gillespi
Susan Gordon
Phil Marrotte
Chris Stephenson
David Tower, Esquire

Chairman Winchester convened the meeting at 7:15 PM by introducing the members of the board and outlining the procedure to be followed for the hearing of an application for an area variance.

In”Ex Homes, LLC File # 2006-14ZBA: Mr. Vasques stated that he had spoken with some abutters prior to the meeting who where interested in seeing what the proposed subdivision would look like. He explained that the application before the board had nothing to do with the specifics of the subdivision and plans for the subdivision were not available. The application was solely for a variance to the zoning regulation which requires that a plot on which a cluster housing subdivision is proposed must have one hundred and fifty (150) feet of frontage on a Class V road or better. The property proposing to be developed (Map 1A Lot 62) is a back lot with a fifty-six foot right of way off Pleasant Street. He explained that the forum for any concerns that abutters may have regarding the actual details of the subdivision would be before the planning board when and if an application for a subdivision and site plan review is filed.

Mr. Vasques advised the board that he felt that perhaps the hearing had not been properly notified. He explained that Map 1A Lot 53 was common land held in equal shares by residents on Bryers Lane who did not directly abut the applicant’s property. RSA 672:3 requires that the officers of an association be notified of a hearing rather than each member of the association. Since the Tucker Brook Builders Homeowners Association no longer exists, he determined that there were no officers to be notified; however, he was concerned if this constituted legal notification. Mr. Tower, the attorney representing Mr. Marrotte the applicant, reviewed the “Declaration of Tucker Brook Builders Cluster Housing” and it was his opinion that even though the association no longer existed, those owners not directly abutting the applicant’s property but owning a share of the common land abutting the applicant’s property should have been individually notified. He felt that the notification process was legally deficient and should the hearing go forward it would be mute. He recommended that the hearing be scheduled for a later date and time and re-notification made to all abutters including those owning a share of the common land. The consensus of the board was to take the advice of Mr. Tower as he represented the applicant and Mr. Winchester scheduled the hearing to take place on January 9, 2006 at 7:15 PM. Mr. Vasques will re-advertise the hearing in the newspapers, post new notices of the hearing and re-notify all abutters.

Business meeting: Mr. Scales made a motion to approve the minutes of the November 28, 2006 meeting as presented which was seconded by Mr. Giffin and passed.

Mr. Vasques distributed an invitation from the Board of Selectmen to the members to attend a Holiday Open House scheduled for December 15th.

Mr. Young moved to adjourn the meeting. Mr. Crafts seconded the motion which passed. Mr. Winchester adjourned the meeting at 8:00 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    Monday - Thursday 8:00am - 4:00pm
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