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Zoning Board of Adjustment Minutes 09/23/08
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ANTRIM ZONING BOARD OF ADJUSTMENT

September 23, 2008 Board Meeting

Members & Staff Present:        Diane Chauncey (Staff), Doug Crafts (Member),
John Giffin (Member),   Ron Haggett (Alternate),        Bradley Houseworth (Staff),             
Frank Scales (Alternate),       Paul Young (Vice Chair)                                                                 
Member & Staff Absent:      John Kendall (Chair),                Len Pagano (Member),   
Don Winchester (Alternate)                      

Public Attendees:       Stephen Noble (Agent for the Antonellis Family Recreational Trust)      
                       
Review Session:  Vice Chair Young convened the meeting at 7:15 PM. Mr. Scales was appointed to sit for the absent Chair Kendall, and Mr. Haggett was appointed to sit for the absent Mr. Pagano.

Approval of the Zoning Board of Adjustment Meeting Minutes:  Mr. Haggett made the motion to approve the August 12, 2008 meeting minutes as presented. Mr. Crafts seconded it and the motion was unanimously approved.

Antonellis Family Recreational Trust, File #2008-15ZBA Area variance request to construct a foundation and basement on an existing non-conforming structure with the fifty (50') foot front yard setback - Vice Chair Young opened the public meeting at the request of the Antonellis Family Recreational Trust for an area variance from Article XVI, Section C.1. to construct a foundation and basement on an existing non-conforming structure within the fifty (50’) foot front yard setback on property located at 165 Pierce Lake Rd (Tax Map 206, Lot 79) in Antrim, NH in the Lakefront Residential District and the Rural District.

Chair Young asked Mr. Noble (agent for the Antonellis Family Recreational Trust) to present their proposal to the Board. Mr. Noble reviewed the existing building footprint and proposed foundation sketches he had submitted with the area variance request application. He indicated that the structure is a log cabin, in which he proposes to construct a concrete back wall (with steel reinforcements) - ten foot (10') high x ten inch (10") thick; a concrete side wall - four (4') foot frost wall; and a concrete front wall - four (4') foot frost wall.  He stated that there are two (2”) inch x six (6”) inch frame walls ten (10') foot high x twenty-four (24’) feet long.. The elevation of the entire structure may be raised by two (2') feet in order to accommodate the proposed foundation. The existing footprint of the structure will not be altered or expanded. Vice Chair Young asked for further questions from the Board, and as there were none, he continued the meeting by opening the Public Hearing for this proposal.

Public Hearing:  Mr. Houseworth stated that all but one of the abutter certified letter returned receipts had been received by the Planning Staff and that there was one letter of support from abutters, Janet and Lawrence Nesbitt, which was read into the record. There were no other comments regarding the proposal by phone or at the counter at Town Hall. Vice Chair Young asked if any of the public attendees would like to speak in favor or against the proposal. Mr. Noble stated that in addition to being the applicant’s agent, he is also a legal abutter to the property and as such, has no problems with the proposal.  There were no further comments.  Vice Chair Young closed the public hearing.

Deliberation: Vice Chair Young re-opened the public meeting for the Boards’ deliberation period. The Board members had no further discussion on the proposal. Mr. Haggett wished to review the voting procedure. The members discussed the manner of voting -- to discuss the merits of the proposal and whether it meets each criterion individually and then move to approve or disapprove the area variance request proposal, with any applicable conditions the Board members deem necessary. After a brief discussion, the Board decided to go with this voting approach mentioned above.

Mr. Houseworth read aloud the following five (5) criteria for the area variance request to permit the construction of a foundation and basement on an existing non-conforming structure within the fifty foot (50') front yard setback:

        1.  The value of the surrounding properties will not be diminished: All members agreed.
        2.  The variance will not be contrary to the public interest: All members agreed.
        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: All members agreed.
                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: All                       members agreed.
        4. Substantial justice is done: All members agreed.
        5.  The variance is consistent with the spirit of the ordinance: All members agreed.

Mr. Giffin made a motion, and Mr. Crafts seconded it, for the following:
Move to approve, with conditions, the Antonellis Family Recreational Trust area variance request from Article XVI, Section C.1. to construct a foundation and basement on an existing non-conforming structure within the fifty (50’) foot front yard setback on property located at 165 Pierce Lake Rd (Tax Map 206, Lot 79) in Antrim, NH in the Lakefront Residential District and the Rural District.

The following conditions apply to this approval:
Zoning Board of Adjustment requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated September 23, 2008 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant is to obtain a building permit for any construction or alteration and adhere to all building, health and fire codes.
The area variance request was GRANTED. A hard copy Notice of Decision, signed and endorsed by the Chair with the above mentioned two conditions, will be sent in the mail within thirty (30) days.      



Business Meeting:
Does the ZBA want to require that all ZBA decisions be recorded at the Registry of Deeds?
Mr. Houseworth read the email correspondence from Attorney Mayer, who felt that the "recording of the variance could lead to confusion or be misleading". Atty Mayer felt that the variance should be 'recorded' in the town records (eg. property file and land use files). The Board discussed the cost of the registration of the Notice of Decision at the Hillsborough County Registry of Deeds in Nashua, NH - $25.00 for the Notice of Decision, $25.00 for LCHIP. The Board had voted at the August 12, 2008 ZBA meeting "to require that all future ZBA Notices of Decisions be recorded with the Hillsborough County Registry of Deeds, at the expense of the applicant". The Board decided to stay with this decision, even though Town Counsel advised against it.

Review the proposed changes to the existing Zoning Board of Adjustment By-Laws - Mr. Haggett motioned to review the proposed changes to the Zoning Board of Adjustment By-Laws for the next ZBA meeting. Mr. Giffin seconded it, which was unanimously approved by the Board.

Correspondence
NH DES – Shoreland Waiver application request by the Boyle’s for proposed activities on property located at 173 Gregg Lake Road (Tax Map 101, Lot 50) in Antrim, NH.  Although the Board does not have any jurisdiction in this request, Mr. Houseworth wanted to illustrate the application process for a New Hampshire Department of Environmental Service (NH DES) Shoreland Permit.

NH DES – ‘The Critical Edge’ newsletter (September 2008 edition) – New Comprehensive Shoreland Protection Act (CSPA) Rules and Requirements regarding the Shoreland Permit - This issue described the activities that do and DO NOT need a New Hampshire Department of Environmental Service (NH DES) Shoreland Permit and provided various examples of each.

Conferences/ Workshops:
NH Department of Environmental Services (NH DES) – ‘2008 Land Resource Management’ workshop on Wednesday, October 1, 2008 in Lancaster, NH from 8:30 AM – 3:30 PM.  Ms. Chauncey mentioned that she will be attending this event, which is free of charge.

NH Office of Energy and Planning (NH OEP) – ‘2008 NH Fall Planning & Zoning Conference,’
on Saturday, October 25, 2008 at the Mountain Club on Loon Mountain in Lincoln, NH, from 8:00 AM to 3:30 PM.  For more info visit www.nharpc.org; (Agenda attached).  Mr. Houseworth will be driving the Community Bus to this event and is hopeful that numerous ZBA members will attend.  He stated that he will tentatively reserve four (4) spots on the bus for the Antrim ZBA members.

Mr. Haggett made a motion to adjourn, which was seconded by Mr. Scales and unanimously approved by the Board.  Vice Chair Young adjourned the meeting at 8:05 PM.

Respectfully submitted,

Diane M. Chauncey, Planning Assistant,
On Behalf of the Antrim Zoning Board of Adjustment


 
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