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Zoning Board of Adjustment Minutes 04/05/2011

April 5, 2011 Meeting
Variance #2011-03ZBA Dessaint Enterprises

Members & Staff Present:     
 Diane Chauncey (Staff)        Ron Haggett (Member)              John Kendall (Chair)              
 Ray Ledgerwood (Alternate)       Shelly Nelkens (Alternate)     Peter Moore (Planner)          
 Frank Scales (Member)                                                                                                                  
Members & Staff Absent:         
Don Winchester (Alternate)              John Giffin (Member)            Doug Crafts (Member)
Public Attendees:
Peter Beblowski         Frank Dessaint          Roy McDonald

7:15 Public Meeting:

Case #2011-03ZBA- Public Hearing -  Dessaint Enterprises - request a variance from Article VI Section C, and Article XVI Section C.2. Applicant proposes to rebuild a house on the footprint of a demolished non-conforming structure on a non-conforming lot on property located at 18 Concord Street (Rt. 202), Tax map 103, Lot 077, in the Village Business district.

Mr. Haggett began as Chair Pro-Tem and appointed Ms. Nelkens and Mr. Ledgerwood as alternates.

The Board decided to skip the organization of Board until after the Public Hearing of the Dessaint Enterprise case.

Mr. Moore read the Public Notice which had been advertised in The Villager, on the website,  and in 3 places in town.

A full board of 5 people were present. Mr. Haggett explained the procedure.

Mr. Dessaint explained the following:

        18 Concord Street burned and he would like to be able to build another house there

The Board asked questions of the proposal which were answered by Mr. Dessaint.  Some of the items are as follows:

        The single family home would be rebuilt on the former footprint.
        A variance was necessary because it was a non-conforming structure on a non-conforming lot.
        (Article VI C)
        A variance was necessary because a year had elapsed since the original building burning (Article XVI C2)
        An earlier tax card depicted a picture of the building – pre-fire
        Foundation no longer exists
        The lot has both water and sewer
        The State right of way was shown on a tax map
        The new building would be one level

Public Hearing:

The Chair asked for any who were opposed to the variance request to speak.  There were none.

The Chair asked for any who were in favor of the variance.

Mr. & Mrs. Campbell asked if the new structure would be residential, would there be any site modifications, and would the driveway remain the same?

Mr. Dessaint said that it would be residential and the driveway would remain the same.

There was some concern of a potential business.

The Board said that if a business were to be sited on the lot, a site plan review would be required. The lot is in the Village Business District.

Possible conditions were discussed.


Five  Criteria:

  • Granting the variance would –would not  be contrary to the public interest.
All Board members agreed that #1 was satisfied.

  • Spirit of Ordinance
All Board members agreed that #1 was satisfied.

  • Substantial Justice
Vacant land, not saleable without ability to build.
All Board members agreed that #3 was satisfied.
  • Diminished value?
All Board members agreed that #4 was satisfied.

  • Unnecessary Hardship
  • Fair and substantial relationship between the general public purpose of the ordinance.
Does not become any more non-conforming

  • Reasonableness
All Board members agreed that #5 was satisfied.

Mr. Scales moved to vote on the application. Mr. Kendall seconded the motion. All ayes to vote.


Mr. Scales  moved to approve the application b Dessaint Enterprises for a variance o Article IV Section C and Article XVI C.2. The applicant  proposes to rebuild on the footprint of a demolished non-conforming structure on a  non-conforming lot on property located at 18 Concord Street (Rt 202), Tax Map 102 Lot 77 in the Village Business District.

Mr. Kendall seconded.

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 April 5, 2011 and subsequent meetings as they pertain to this
2.  Building Permit will be necessary

3. Any other necessary permitting will be fulfilled

4.  The structure shall conform closely to the original residential  structure in size and footprint


Frank Scales
Doug Crafts
John Kendall
Ron Haggett
John Giffin
Shelley Nelkens
Ray Ledgerwood

Mr. Haggett explained the 30-day appeal process.

7:00 PM – Organization of Board & Review Session:

  • Election of officers
Doug Crafts (via email) – March 22 – Chair and Vice-chair to stay the same
John Giffin (via email) – March  21   - would accept Vice-chair not Chair
Mr. Haggett moved that John Kendall would continue as Chair and John Giffin would continue as Vice-Chair.

Mr. Scales seconded.

All ayes for the aboe officers.

  • Re-Appointment of ZBA Members by BOS 4/4/2011 – Mr. Crafts & Mr. Giffin - FYI
  • Approve Minutes of January 11, 2011 – Mr. Kendall moved to accept the minutes as presented. Mr. Scales seconded. All ayes to approve the minutes.  

Mr. Moore presented information on the following:

  • Zoning Board of Adjustment Roster & Contact Info - handout
  • Planning Department Hours of operation & contact info - FYI
  • SPNHF Statement on Northern Pass Project - handout
  • Citizen Planner Collaborative Event April 14th  – Information Sheet
  • New England Wind Energy Education Project Conference/Workshop Tues. June 7th (see flyer)
  • Annual Spring Planning & Zoning Conference – Saturday, June 11th – Radisson, Manchester
(Need to sign up)
Business Meeting:       

  • Consideration of interested Alternates to the Board
Peter Beblowski would like to be an alternate- asked for questions
Willing to serve as an alternate
Mr. Moore said that Mr. Winchester has stepped down, leaving a place for Mr. Beblowski.
Mr. Haggett moved to recommend Mr. Beblowski as an alternate to the ZBA. Mr. Scales seconded. All voted to recommend Mr. Beblowski as a ZBA Alternate  (to the Board of Selectmen).

  • Discuss status of AT&T Tower Case and Re-hearing granted January 26, 2010
Discussion was initiated by an email from Peter Burwen requesting that Mr. Moore look into the status of the AT & T leases. A long discussion occurred. The Board directed Mr. Moore to communicate with AT&T. All were in agreement. Mr. Haggett moved that Mr. Moore draft a letter, then circulate the letter to the ZBA membership for approval. Ms. Nelkens seconded. All ayes.

  • Lempster Wind Tower site visit for Boards – Confirmed for Saturday, April 16 at 9 AM
  • Review status of cases moving to NH Superior Court – Scheduled for Tuesday, May 24th
Respectfully submitted,
Diane Chauncey, On Behalf of the 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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