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Zoning Board of Adjustment Minutes 12/04/07

December 4, 2007 Meeting

Members & Staff Present:        John Giffin (Alternate),        Ron Haggett (Alternate),  
Bradley Houseworth (Staff),     John Kendall (Member),  Laurie Lemons (Staff),     Frank Scales (Member),          Paul Young (Vice Chair)
Member & Staff Absent:          Carol Court (Alternate),        Doug Crafts (Alternate),
Len Pagano (Member),    Don Winchester (Member)
Public Attendees:               Arthur Allison (Owner),         Steve Schacht (Builder)                 
Vice Chair Young convened the meeting at 7:15 PM, introduced himself, and asked the Board members to introduce themselves.  He appointed Mr. Giffin to sit for the absent Mr. Pagano and Mr. Haggett to sit for the absent Chair Winchester.

Allison, Arthur & Ann 2007-18ZBA:  Vice Chair Young opened the public meeting on the request of Arthur & Ann Allison for an area variance from Article XVI, Section C .1. and a special exception from Article VI, Section B.3.f. of the Antrim Zoning Ordinances to permit the enlargement of an existing, non-conforming structure and establish a conversion apartment on the second floor of this structure on property located at 25 Goodell Road (Tax Map 232, Lot 71), Antrim, NH 03440, located in the Residential District.  Mr. Houseworth explained that the existing structure is deemed to be non-conforming because it is not fifty (50') feet from the street right-of-way (Goodell Road), as required by Article VI, Section C.3.a.  Vice Chair Young asked the applicant, or his designee, to stand up, introduce themselves, and explain the proposal to the Board.

"       Mr. Schacht (Builder) stood up, introduced himself and Mr. Allison, and spoke to the proposal.  He explained that the area variance is needed because the existing structure is within the front yard setback and they are requesting a special exception in order to construct a conversion apartment on the second floor.
"       Mr. Schacht stated that he is essentially going to raise the roof one floor which will not change the existing building footprint but will add to the livable area of the structure by establishing a conversion apartment on the second floor.
"       Mr. Schacht stated they meet all of the criteria for the granting of an area variance and the granting of a special exception to construct a conversion apartment.
"       Mr. Schacht explained that they plan on selling the property to their daughter and they will occupy the new conversion apartment on the second floor of the house.
"       Mr. Schacht explained that the septic system was replaced over 6 years ago with a new design system which is capable of supporting a four (4) bedroom structure.
"       Mr. Schacht stated that the second floor addition to the existing structure will be approximately twenty six (26') feet wide by forty five (45') feet long and will include a new, full bathroom and kitchen, and one (1) additional bedroom.
"       He explained that there will be two separate means of proper and safe ingress and egress to and from the proposed conversion apartment including: 1) access through the front of the house via the front stairway; and 2) access through the back of the house via a new, small deck on the second floor with stairs to the ground in the backyard.
"       Mr. Kendall asked whether the water for this structure is from a private well or the Town water system; Mr. Schacht confirmed that it is on the Town water and sewer system but they have a private septic system as previously discussed.
"       Mr. Schacht will be removing the fiberglass roof from the first floor deck, constructing a new, small deck on the second floor, and will be building new stairs from this second floor deck down to ground level.
"       Mr. Kendall asked if there would be any driveway issues in regards to having the required number or parking spaces for the existing dwelling and the conversion apartment.  Mr. Schacht stated that there will be adequate, off-street parking on the premises for up to six (6) vehicles.

Vice Chair Young closed the public meeting, opened the public hearing, and asked if any abutters present would like to speak either in favor or against the proposal; there were none.  He then asked Mr. Houseworth if the staff received any letters from abutters, either in favor or against the proposal; he replied there were none.  Vice Chair Young closed the public hearing, opened the public meeting for the Board's deliberation period of the merits of the proposal, and asked the members if they have any additional questions or comments.

"       Mr. Kendall wanted to confirm with the staff that this type of special exception was allowable in this district. Mr. Houseworth explained that accessory living units are not permitted, nor permitted by special exception, in the Residential District but conversion apartments are allowed by special exception.
"       In addition, Mr. Houseworth explained that it would be in the Allison's best interest to establish a conversion apartment versus an accessory living unit because conversion apartments are allowed to be rented to the general public while accessory living units are only allowed to be rented to family members.
"       Vice Chair Young requested that Mr. Houseworth add to the special exception two conditions: 1) "That the existing footprint of the structure will not be altered or enlarged due to this proposal;" and 2) "In this particular case, the Board is allowing external structural changes to the existing structure in order to accommodate the addition, as long as they are in keeping with the existing architectural style of the structure." (Note: The Board is formally waiving the portion of the special exception criteria for conversion apartments, found in Article XIII, Section D.1.c., which states, "There shall be no exterior alteration of the structure except to provide for separate entrances...").

Mr. Haggett moved to go to roll call vote for the area variance, which was seconded by Mr. Giffin, and was unanimously passed.  The Board unanimously passed the area variance via all members unanimously passing all six (6) criterion of the variance.

The Board reviewed the conditions that need to be met prior to granting a special exception for a conversion apartment (listed in Article XIII, Section D .1.) and confirmed that the proposal does in fact meet all seven (7) of the criterion.  The Board then reviewed the general (6) six conditions which must be met for all special exceptions (Article XIII, Section A) and voted on the merits of the proposal.  The roll call vote follows:

1.      The proposed use may be similar to one or more of the uses already authorized in the district and is an appropriate location for such a use.  Roll Call Vote: Mr. Kendall- aye, Mr. Scales - aye, Mr. Giffin - aye, Mr. Haggett - aye.  
2.      Such approval would not adversely affect the neighborhood, nor otherwise be injurious, obnoxious or offensive.  Roll Call Vote: Mr. Kendall - aye, Mr. Scales - aye, Mr. Giffin - aye, Mr. Haggett - aye.  
3.      The use will not create excessive traffic congestion, noise, or odors in the neighborhood where it is proposed.  Roll Call Vote: Mr. Kendall - aye, Mr. Scales - aye, Mr. Giffin - aye, Mr. Haggett - aye.  
4.      Such approval would be consistent with the intent of the zoning ordinance, after having given due consideration to recommendations received from the Planning Board.  Roll Call Vote: Mr. Kendall- aye, Mr. Scales - aye, Mr. Giffin - aye, Mr. Haggett - aye.  
5.      Adequate and appropriate facilities will be provided for the proper operation of the proposed use.  Roll Call Vote: Mr. Kendall - aye, Mr. Scales - aye, Mr. Giffin - aye, Mr. Haggett - aye.  
6.      If the proposed special exception is listed in Article XIII, D, then it must meet all conditions of that article.  Roll Call Vote: Mr. Kendall - aye, Mr. Scales - aye, Mr. Giffin - aye, Mr. Haggett - aye.  

Mr. Houseworth informed the applicant that both the area variance and special exception to establish a conversion apartment were unanimously approved, with conditions, and they will soon be receiving an official notice of decision in the mail stating such, signed and endorsed by the Chair of the Board.  He also thanked the applicant for coming.

Approve ZBA Meeting Minutes:  Mr. Haggett moved to approve the minutes of the November 13, 2007 Zoning Board of Adjustment meeting as presented, which was seconded by Mr. Young and was unanimously approved.

The Riggins Rules:  Members were provided with registration forms for the NH Local Government Center's presentation, "Riggins Rules - A Guideline to Conducting Public Meetings," on December 8, 2007 from 8:30-11:30 am at the Hinsdale Town Hall.

Mr. Haggett moved to adjourn the meeting, which was seconded by Mr. Giffin and was unanimously passed.  Vice Chair Young adjourned the meeting at 7:45 PM.

Respectfully submitted,

Laurie Lemons,
Planning Assistant,
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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