ANTRIM ZONING BOARD OF ADJUSTMENT
July 27, 2010 Meeting
Members & Staff Present: Diane Chauncey (Staff) Ron Haggett (Member)
John Kendall (Chair) Peter Moore (Planner) Shelley Nelkens (Alternate)
Frank Scales (Member)
Members & Staff Absent:
Don Winchester (Alternate) Doug Crafts (Member) John Giffin (Member)
Robert Dupuis (applicant)
7:00 Review Session
- Review Minutes of July 20, 2010
7:15 Public Meeting:
Public Hearing – USE Variance request by Robert Dupuis to allow a formerly commercial structure in a residential district, on property located at 134 Keene Road, (Tax Map 213, Lot 58), property in the Lakefront Residential District.
Chair Kendall informed the applicant that the Board was not a full Board and the applicant had the right to wait for a full Board. The applicant wished to proceed.
Chair Kendall opened the Public Meeting by introducing himself and the other Board members. Ms. Nelkens was appointed for the absent Mr. Giffin. Chair Kendall explained the procedure and had Mr. Moore read the Public Notice.
Mr. Moore stated that 13 abutters had been sent certified letters. Three were not returned. There were no letters of objection, phone calls, or comments at the counter.
Chair Kendall asked the applicant if he would like to present his proposal. Mr. Moore interjected that he had prepared a time line of events concerning the proposal and asked the applicant f he would like that to be read.
Mr. Moore read the events in chronological order. The following is a summary:
- Complicated case
- Prior to 2002 there was a convenience store, and a restaurant in part of the building. From 2002 up until February 2009 the property class stated on the tax card was "Single Family + Accessory Apartment"
- Prop purchased in January of 2009 – in poor condition and vacant (correction by Mr. Dupuis that a one tenant was there when purchased but vacated soon after)
- Single family accessory apartment
- Mr. Dupuis bought it as commercial
- From deed - "“A certain tract or parcel of land, together with the buildings theoreon, situated in the Town of Antrim, in the County of Hillsborough and the State of New Hampshire, known as Lakeside Cabins and Restaurant, located on the south side of route 9, so-called, and bounded and described as follows…”
- Non-compete clause – further covenants – shall run with the land
- Masiello Realty – Michelle Lange – to be listed as commercial – at that time (1/10) listed as Lakefront Residential District(LRD) which does not permit commercial use or multi-family dwellings
- The property card did say "Commercial" - in 2010 - an assessor for the Town of Antrim had mistakenly entered the classification when she took the commercial posting off the realtor's sign
- Just one parcel over - Highway Business
- Mr. Dupuis assumed he owned a commercial property, spent a good deal of time, effort and money on it to rehabilitate it, and now is in a difficult spot.
- Two choices:
1.) To apply for a USE Variance for the property
2.)To seek a change in the designation of that parcel as Highway Business through the legislative process at Town Meeting in March 2011
Chair Kendall asked Mr. Dupuis if he would like to add anything. Mr. Storro said he would speak for the project.
Mr. Storro said that a lot of money and time had been spent. He would like the variance granted so that he and his partner could continue their project. They had bought it as a commercial property with three apartments. All three apartments were livable but needed repairs. The alterations that they have made are improvements that make the property more desirable. They felt that the property would be particularly good as a home based business with a residence – the larger space could be used for the business, the smaller for the residence. The lot should be considered residential/commercial.
A discussion concerning the property - some of the points are as follows:
- The footprint of the buildings have not changed
- The metal shed was already in place
- A home based business could be situated in the Highway Business district
- The owner would like commercial sale ability
Chair Kendall asked if there were any abutters in favor of the proposal - there were none.
Chair Kendall asked if there were any abutters not in favor of the proposal – there were none.
Chair Kendall asked if there was anyone who would like to speak in favor of the proposal.
Mr. Storro said that he was in favor of the proposal.
Chair Kendall asked Mr. Hopkins (Building Inspector) if he had anything to add.
Mr. Hopkins said that there were code issues. There was no Building Permit, and he was waiting for the ZBA to rule on the proposal. The Zoning Ordinance (ZO) states that multifamily units have a separate set of codes.
A long discussion ensued. Some of the issues stated are as follows:
- The ZO does not generally allow mixed use – consistently the town will not mix – either residential or commercial
- If the lot were to be changed to Highway Business, it would take the vote of the people at Town Meeting
- The lot is currently residential but when it was sold the present owner (Mr. Dupuis) was told to go for commercial aspect in case to sell
- Historically a business property – if sold – can it be as a business property
- Does grandfathering come in
- Has not been a business since 2002
- Zone can not be changed by the ZBA
- The owners would not have bought the property if it had been
- Shoreland Protection District adds to the complexity of the proposal
- If a variance were to be granted, the variance would go with the property
- Present owners need to rent it – to recoup some of their money
- Important to make it right
- An approved septic system (Meridian) – should the present system fail
- Each of the apartments has a separate egress
- Question of whether or not two residences are allowed on one lot
- Today’s ZO would not allow 3 apartments on one parcel, but these dwellings were in place, and some towns do allow
- ZBA has the right as a judicial board to grant a variance
- The owners want to rent the apartments now
- The current owners understand that a new business would need to come before the Planning Board for a site plan review
- The best solution would be a variance with conditions
- Still the problem of two dwellings on one lot in the LRD
- Applicant stated that it was bought that way
- The applicants have requested relief
- Concerns about the possibilities of what may go on the lot
- Assurances that a site plan review would look carefully at any new business application
- Ideally the zone should be changed – but that is a long process and six months away
Mr. Moore suggested that a decision by the board could be delayed, the meeting continued, and counsel sought on what options would be apply.
Mr. Haggett said that he feels “simpler is better – less is more”.
Mr. Storro would like it go on record that the lot had 3 residences before it was bought by Mr. Dupuis.
Chair Kendall closed the Public Hearing at 8:45pm.
Mr. Scales moved to vote the proposal. Mr. Haggett seconded it, and the ZBA approved to vote on the applicant
Mr. Haggett moved to approve (disapprove) the application of the request of Robert Dupuis for a variance from Article VIII, Section B.1. of the Town of Antrim Zoning Ordinance to allow commercial structures (that were formally commercial structures) in a residential district on property located at 134 Keene Road (Tax Map 213, Lot 58) in Antrim, NH 03440 in the Lakefront Residential District. Mr. Scales seconded the motion.
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 July 27, 2010 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant shall 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.
4. This Commercial use applies for existing structures
ROLL CALL VOTE:
Date: July 27, 2010
Motion made by: Mr. Hagget Motion seconded by: Mr. Scales
The motion passes. The applicant will receive a Notice of Decision.
The applicant was advised by the board that they will have to go before the Planning Board to have a site Plan Review for the proposed use of this property. Mr. Moore told the applicant that his project could be placed on the agenda of the Planning Board for a pre-application review at their regular public meeting scheduled for Thursday, August 5th, if they chose. Mr. Dupuis indicated that he would like to do that.
- Potential Alternate to the Zoning Board of Adjustment – Ray Ledgerwood. The Board voted unanimously to request Mr. Ledgerwoods appointment by the BOS.
- Approve Meeting Minutes of July 20, 2010
- Atty Wilkins update on AT&T Tower…
“Thanks for checking in.~ Unfortunately, I don't have a lot of new information to tell you and the Board.~ We are still on hold in Antrim.”
At 8:35 pm, Mr Scalesmoved to adjourn the meeting. Mr. Haggett seconded it, and the meeting was adjourned
Respectfully submitted, Diane Chauncey, On Behalf of the Antrim Zoning Board of Adjustment