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Zoning Board of Adjustment Minutes 05/15/07

May 15, 2007 meeting
Members & Staff Present:

Doug Crafts
John Giffin             
Bradley Houseworth
John Kendall
Len Pagano
Frank Scales
Paul Vasques
Don Winchester
Paul Young
Member & Staff Absent:  
Carol Court     
Public Attendees:
Michael Zienkiewicz        Steve Schacht

Chairman Winchester convened the meeting at 7:15. He asked Mr. Schacht to present his application.

Mr. Schacht stated that at the April 17th meeting he agreed to a condition attached to the approval to add an addition to the Cuddihy homestead which stated that the addition would be no closer than 40’ to the road right of way. Upon starting construction, he realized he had erred on the location of the edge of the right of way and that the corner of the addition would fall 37’ from the right of way. Consequently, he was asking for an amendment to the 40’ restriction. He stated that all other conditions of the approval would be met.

Mr. Pagano suggested that the board consider granting Mr. Schacht a bit of leeway by letting the addition encroach to a distance of less than 37’ to the right of way. Mr. Young suggest 35’. Members had no further questions and there was no more deliberation. Mr. Winchester asked for abutters who wished to speak in favor or in opposition to the application. There was none. Mr. Kendall asked the planning staff if any letters were received from abutters. Mr. Vasques said that they did not receive any letters or phone calls regarding this request. Mr. Winchester closed the public hearing and called for a role call vote on the criteria to be met to grant an area variance.

Mr. Young moved for a roll call vote. with the following two (2) conditions: 1) The façade of the addition facing the street shall be set back two (2) feet from the front façade of the existing structure and shall be no closer to the road right of way than thirty-five (35) feet, and 2) The addition shall not exceed the twelve (12) foot by twelve (12) foot dimension as shown in the sketch submitted by the applicant and approved by the board. The motion was seconded by Mr. Scales and unanimously approved. The roll call vote results follow:

1.      The value of surrounding properties will not be diminished. Roll call vote: Mr. Scales – aye, Mr. Young – aye, Mr. Giffin – aye, and Mr. Kendall – aye.
2.      The variance will not be contrary to the public interest. Roll call vote: Mr. Pagano – aye, Mr. Scales – aye, Mr. Young – aye, and Mr. Kendall – aye.
3.      Special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship as follows:
4.      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. Pagano – aye, Mr. Scales – aye, Mr. Young – aye, and Mr. Kendall – aye.
5.      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. Mr. Pagano – aye, Mr. Scales – aye, Mr. Young – aye, and Mr. Kendall – aye.
6.      Substantial justice is done. Roll call vote: Mr. Pagano – aye, Mr. Scales – aye, Mr. Young – aye, and Mr. Kendall – aye.
7.      The variance is consistent with the spirit of the ordinance. Roll call vote: Mr. Pagano – aye, Mr. Scales – aye, Mr. Young – aye, and Mr. Kendall – aye.

Mr. Houseworth stated that the variance had been conditionally granted and the applicant will receive a notice of decision in the mail.  

Mr. Young moved to approve the minutes of the April 10, 2007 meeting which was seconded by Mr. Scales and passed. Mr. Winchester moved to approve the minutes of the April 17, 2007 meeting which was seconded by Mr. Young and passed. Members were given an invitation to an Eagle Scout Court of Honor for Brian Francis. Members were advised of a workshop on “Septic Systems and You” scheduled for June 12, 2007.

Members reviewed a “Motion for rehearing on the Board’s denial of Landsite, LLC request for Special Exception for Gravel Excavation on property located at tax map 8A lots 18, 19 and 20 located in the Rural District”. The staff advised the members that the motion had been forwarded to town counsel who will advise the board on how to proceed with the request for a rehearing. The discussion which ensued raised a number of questions, the majority of which required legal advice. The staff will contact town counsel and ask if it is appropriate that counsel arrange a meeting with the board prior to the rehearing to advise the board of procedural matters. The staff will see if such a meeting can be arranged for May 22nd. Members felt that it would also be prudent to have town counsel represent the town at the rehearing. Staff will pursue that possibility with counsel.

Mr. Giffin moved that he meeting be adjourned. Mr. Scales seconded the motion which passed. Mr. Winchester adjourned the meeting at 8:15 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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