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Zoning Board of Adjustment Minutes 01/29/08


January 29, 2008 Meeting


Members & Staff Present:

Doug Crafts (Alternate
John Giffin (Alternate)
Ron Haggett (Alternate)
Bradley Houseworth (Staff)
Laurie Lemons (Staff)
Len Pagano (Member)
Frank Scales (Member)
Don Winchester (Chair)

Member & Staff Absent:  

Carol Court (Alternate)
John Kendall (Member)
Paul Young (Vice Chair)

Public Attendees:

Andrew & Collette Ryan (Owner)
Dan May (Builder)       

Chair Winchester convened the meeting at 7:15 PM, introduced himself, and appointed Mr. Giffin to sit for the absent Mr. Pagano, Mr. Haggett to sit for the absent Mr. Kendall, and Mr. Crafts for the recused Mr. Young.

Ryan, Andrew & Collette 2008-01ZBA:  Chair Winchester opened the public meeting on the request of Andrew and Collette Ryan for an area variance, in accordance with Article XVI, Section C.1. of the Antrim Zoning Ordinances, to permit the enlargement and extension of an existing, non-conforming structure on property located at 39 Jackman Shores (Tax Map 206, Lot 20) in Antrim, NH 03440, located in the Lakefront Residential District.  The existing structure is deemed non-conforming because a portion of it is within the side yard setback and a majority of it is within the one hundred (100’) foot setback areas from the high water mark of Pierce Lake.  The applicant proposes to enlarge the existing, enclosed porch, extend the deck in a particular area, reduce the deck in a different area, and enlarge the structure by raising the front roofline.
Chair Winchester asked the applicant, or their designee, to stand up, introduce themselves, and explain the proposal to the Board.

·       Mrs. Ryan stood up, introduced herself, and spoke to the proposal.  She explained that the area variance is needed to improve the existing structure, which will help increase the property value along with bringing the home up to building code.
·       Mrs. Ryan feels the proposed work on the existing structure will be more appealing to the abutters and they would like to move the deck farther away from the high water mark of Pierce Lake.
·       Mrs. Ryan wanted to know if it would be an issue to bring the front of the house an additional (4) four feet closer to the road (Jackman Shores), backfilling to the retaining wall, in order to make the structure more sound and build a more solid foundation.  Mr. Houseworth did not see any issues with the proposal since the structure would not be encroaching any closer to the high water mark of Pierce Lake, as long as the structure did not encroach into the fifty (50’) foot front yard setback from the road.  
·       Dan May, the builder for the Ryans, approached the Board and reviewed the proposed plans and additions to explain to the members exactly where the nonconforming structure is being expanded and reduced.
·       Chair Winchester 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.
·       Mrs. Young (abutter) had one request, which is that the septic system be replaced with the new, NH DES approved, septic system design for safety purposes.  Mrs. Ryan agreed and stated they plan to upgrade the septic system at the same time they are doing the other improvements.
·       Mr. Davis (abutter) wanted to make a statement on behalf of the Ryans that he approves of their proposed request and believes that it can only help the appearance of the neighborhood.
·       Mr. Haggett moved to adjourn the public hearing and reconvene the public meeting for the Boards’ deliberation period, which was seconded by Mr. Giffin, and was unanimously passed.
·       Mr. Haggett wanted to clarify with Mr. Houseworth that the Ryan’s did not have anything to worry about regarding the NH Department of Environmental Services Shoreland Protection Act requirements that the principal structure be at least fifty (50’) feet from the high water mark from Pierce Lake. Mr. Houseworth stated that as long as the structure is fifty (50’) feet from the shoreline and they begin construction prior to April 1, 2008, then there should not be any issues with the NH DES Shoreland Protection Act requirements. He advised them to check with NH DES to make sure no other state approvals are required in this particular case.
·       Mr. Davis stated that changes to the Comprehensive Shoreland Protection Act (RSA 483-B), which are effective April 1, 2008, include a provision which allows existing, non-conforming structures to be repaired, renovated or replaced in kind using modern technologies, provided the result is a functionally equivalent use, and it doesn’t result in any expansion of the existing footprint.  Mr. Houseworth agreed but stated that he believes these types of proposals would still require obtaining the new, state Shoreland permit prior to beginning any construction, excavation, or filling activities regarding the repair of a non-conforming structure.

Chair Winchester requested that Mr. Houseworth add to the area variance one condition: “That the fifty (50’) foot minimum front yard setback from the road (Jackman Shores) be adhered to and verified as part of the building permit process.”

Mr. Haggett moved to got to roll call vote, which was seconded by Mr. Giffin, and was unanimously approved.  Mr. Houseworth read aloud the (5) five criteria used by the Board to determine whether or not to grant the area variance request. The roll call vote follows for the five criteria to consider for granting/ denying an area variance:

1.      The value of surrounding properties will not be diminished.  Roll Call Vote: Mr. Crafts – aye, Mr. Giffin – aye, Mr. Scales – aye, and Mr. Haggett – aye.
2.      The variance will not be contrary to the public interest.  Roll Call Vote: Mr. Crafts – aye, Mr. Giffin – aye, Mr. Scales – aye, and Mr. Haggett – 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. Crafts – aye, Mr. Giffin – aye, Mr. Scales – aye, and Mr. Haggett – 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. Crafts – aye, Mr. Giffin – aye, Mr. Scales – aye, and Mr. Haggett – aye.
4.      Substantial justice is done.  Roll Call Vote: Mr. Crafts – aye, Mr. Giffin – aye, Mr. Scales – aye, and Mr. Haggett – aye.
5.      The variance is consistent with the spirit of the ordinance.  Roll Call Vote: Mr. Crafts – aye, Mr. Giffin – aye, Mr. Scales – aye, and Mr. Haggett – aye.

Mr. Houseworth informed the applicants that the area variance to enlarge an existing non-conforming structure was 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 applicants for coming.

Approve ZBA Meeting Minutes:  Mr. Haggett moved to approve the minutes of the December 4, 2007 Zoning Board of Adjustment meeting as presented, which was seconded by Mr. Scales and was unanimously approved.

Mr. Haggett moved to adjourn the meeting, which was seconded by Mr. Giffin and was unanimously passed.  Chair Winchester adjourned the meeting at 8:15 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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