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Zoning Board of Adjustment Minutes 11/11/08
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ANTRIM ZONING BOARD OF ADJUSTMENT

November 11, 2008 Board Meeting

Members & Staff Present:        Diane Chauncey (Staff),  John Giffin (Member),  
Ron Haggett (Alternate),        Bradley Houseworth (Staff),      John Kendall (Chair),
Len Pagano (Member),    Frank Scales (Alternate),        Don Winchester (Alternate)                                                                     
Member & Staff Absent:     Doug Crafts (Member),         Paul Young (Vice Chair)                                        
Public Attendees:       Monica Steele-Hunt & Fillip Thurston (Applicants)       
                       
Review Session:  Chair Kendall convened the meeting at 7:12 PM. Mr. Scales was appointed to sit for the absent Mr. Crafts, and Mr. Haggett was appointed to sit for the absent Mr. Young.

Approval of the Zoning Board of Adjustment Meeting Minutes:  Mr. Haggett made the motion to approve the September 23, 2008 meeting minutes as presented. Mr. Scales seconded it and the motion was unanimously approved.

7:15 Public Hearings:
Monica Steele-Hunt, File #2008-16ZBA, Area variance request to construct an exterior deck on an existing non-conforming structure within front and side yard setbacks:  Chair Kendall opened the public meeting and asked Mr. Houseworth to read the Public Notice aloud:  "Notice is hereby given that the following public hearing will be held at 7:15 p.m., Tuesday, November 11, 2008 at the Antrim Town Hall concerning the request of Monica Steele-Hunt for an area variance from Article IV, Section C.3. a. and b. (1) of the Town of Antrim Zoning Ordinance to construct an exterior deck on an existing non-conforming structure within the fifty foot (50') front yard and the twenty foot (20') side yard setbacks on property located on 54 Main Street (Tax Map 103, Lot 102) in Antrim, NH 03440 in the Village Business district". Chair Kendall asked the applicants to present their proposal.

Mr. Thurston said that he and the owner (Monica Steele-Hunt) would like to utilize the front of the building in the same manner as other businesses on Main Street. The handicap accessibility would remain as is, and the proposed deck would be more attractive than the existing entryway. There would continue to be a green growing area on the perimeter of the new structure. The Board members asked Mr. Thurston for further information and these are some of the subjects discussed:
·       A restaurant is proposed
·       The new deck could hold three small tables with chairs.
·       The intent of the new structure is to draw attention to the building.
·       The lot line is the edge of the paved sidewalk
·       The State of  NH Right of Way was discussed and decided that it is not an issue
·       A comparison of other businesses on Main Street  (Edmunds Hardware Store and Antrim Computer Repair and Service Store) and their proximity to the paved sidewalk were noted

Chair Kendall closed the public meeting, opened the public hearing, and asked if any abutters wished to speak in favor of the proposal. There were none. Chair Kendall asked if there were any abutters not in favor. There were none. Mr. Houseworth stated that there were no other comments regarding the proposal by phone or at the counter at Town Hall. There were no further comments.  Chair Kendall closed the public hearing.

Deliberation: Chair Kendall re-opened the public meeting for the Boards’ deliberation period. The Board members discussed replacing the deck at same grade level, that there should be no water issues because of the gable end, public safety should not be a concern as the sidewalk and parked cars along the sidewalk are a buffer, and the lighting will be kept in style with the current decorative lighting. 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.

Mr. Houseworth read aloud the following five (5) criteria for the area variance request to construct an exterior deck on an existing non-conforming structure within the fifty-foot (50') front yard and twenty-foot (20') side yard setbacks:

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

Mr. Haggett made a motion, and Mr. Scales seconded it, for the following:
Move to approve, with conditions, the request of Monica Steele-Hunt for an area variance from Article IV, Section C.3. a. and b. (1) of the Town of Antrim Zoning Ordinance to construct an exterior deck on an existing non-conforming structure within the fifty foot (50') front yard and the twenty foot (20') side yard setbacks on property located on 54 Main Street (Tax Map 103, Lot 102) in Antrim, NH 03440 in the Village Business 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 November 11, 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 applicant shall obtain any necessary state and/or federal permits required for this proposal.
The deck may extend no further than 14' 6" from the existing east wall of the structure.
The line of the deck shall be parallel to wall plane of the building on the south side.
The area variance request was GRANTED. A hard copy Notice of Decision signed and endorsed by the Chair with the above-mentioned five conditions, will be sent in the mail within 144 hours of the end of the meeting.

Business Meeting:
Review the proposed changes to the existing Zoning Board of Adjustment By-Laws (1974 ed.)
In order to make the proposed changes to the By-Laws, the proposed changes must be read at two successive Zoning Board Meetings. Mr. Houseworth read Sections 1 - 6; and Mr. Haggett read Sections 7 - 20.
During the first reading of the DRAFT ‘Town of Antrim Zoning Board of Adjustment Rules of Procedure’, the Board made the following changes:
1.      In 3.3, change  're-elected' to' re-appointed'
2.      In 7.4, change 'elected' to 'appointed'
3.      In 8.1, place a period (.) after the word 'receipt' in the first sentence
4.      In 11.1, change 'the Peterborough Monadnock Ledger-Transcript' to 'a local newspaper'
5.      In 11.3, strike out 'within two hundred (200) feet of the applicant's property'
6.      In 12.2 a., b. Change 'Secretary' to 'Planning Department Staff'
7.      In 14.3, at the end of the sentence it should say: 'and to be filed at the NH Hillsborough County Registry of Deeds in Nashua, NH'
The proposed changes will be reviewed and read again (the second time) at the next Zoning Board of Adjustment meeting, which has not yet been scheduled.

Correspondences:
NH DES – Shoreland Waiver application update for the Boyle’s proposed activities on property located at 173 Gregg Lake Road (Tax Map 101, Lot 50) in Antrim  - This information was included in the ZBA packet to demonstrate the process that is involved in permitting when a property is in Shoreland Protection.

2009 Town Meeting – Important Dates for Zoning Ordinance Enactments and Amendments NH LGC Resource Document - FYI for the Board

‘Amending your Zoning Documents’ by Paul Sanderson, Esq., Staff Attorney of NH LGC, PowerPoint presentation handout - Mr. Houseworth had attended this presentation and thought that the Board would benefit from the information within the handout.

        
Chair Kendall made a motion to adjourn, which was seconded by Mr. Pagano and unanimously approved by the Board.  Vice Chair Young adjourned the meeting at 8:50 PM.

Respectfully submitted,

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


 
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