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Zoning Board of Adjustment Minutes 04/08/2014

Agenda for April 8, 2014 Meeting
Organize Board
Ullman Variances Case #2013-02ZBA

Members & Staff Present:     
Diane Chauncey (Staff)     John Giffin (Member)            Ron Haggett (Member)     
John Kendall (Chair)                 Frank Scales (Member          Shelley Nelkens (Alternate)  
 Ray Ledger wood (Member)    Carol Ogilvie (Consultant Planner)
Public Attendees:   Jeanne Cahoon, Mr. LaRochelle, Gordon Webber        

7:15PM Public Meeting:

Chair Kendall opened the meeting at 7PM.

Organize Board – Elect Chair and Vice-Chair

Mr. Haggett moved to keep the Board as it was (John Kendall as Chair; John Giffin as Vice-Chair)
Mr. Scales seconded.
Roll Call Vote: Giffin, yes; Haggett, yes; Kendall, yes; Ledgerwood, yes; Scales, yes.

The motion passed unanimously. The Board remains –Mr. John Kendall Chair and Mr. John Giffin as Vice-Chair.

Public Hearing:

Chair Kendall introduced the Members and Staff, and explained the Board of Adjustment Public Hearing process.

Variances from Article IX Section C. 5. and 6 to permit expansion of a non-conforming structure within the side and rear yard setbacks; a variance in accordance with Article XVI Section C. 1. (Non-conforming structures) property located at 65 White Birch Pint Road (Tax Map 241. Lot 15), Antrim, NH 03440 in the Rural Conservation District.

The Public Notice was read, by the Secretary, who also stated that the Public Notice had been displayed on the inside and outside bulletin boards of Town Hall, the Post Office community bulletin board, and on the Website calendar. All abutters had been notified via certified mail and all receipt had been picked up.

Chair Kendall asked Mr. Ullman to present his proposal.

Mr. Ullman stated that he had always enjoyed his time spent in Antrim, and although, his parent’s cottage had many fine memories, the building was not a “noble” structure and now was extremely old. He said that he would demolish the structure and rebuild on the footprint with and additional square footage. He stated that the change in dimensions would bring the cottage closer to the lot line, and therefore a variance was necessary.

The Board members had several questions concerning siting of the new structure, the size of the lots, and the proximity to the private road.

Chair Kendall opened the Public Hearing.

Public Hearing:

Chair Kendall asked for comments from any abutters in favor of the proposal. There were none.

Chair Kendall asked for comments from any abutters not in favor of the proposal.

Mr. LaRochelle stated that he was the owner of multiple properties abutting the Ullman parcel. He stated that he objected to the new structure’s proposed placement because it would be closer to the private road than the existing structure. He said that he wished to protect future development on his properties and did not want the use of the right of way affected. He stated that worried about access and wanted to reaffirm that he wanted to protect his interest.

Chair Kendall asked if the existing structure caused problems.

Mr. LaRochelle stated that the community well was at the end of the private road and if the new structure was to be placed four feet closer, there could be difficulty with a truck maneuvering on the private road.

Chair Kendall asked for any other comments from the Public Attendees.

Mr. Webber stated that he did see a lot of future development on the private road, although it might be better if the structure was “kicked back” four feet. He said that he thought the variance should be granted.

Chair Kendall reviewed the request for a relief from the rear and side yard setbacks.

Mr. Ullman said that the proposed footprint did look as if it were four feet closer, but there was an error in the drawing.

Chair Kendall stated that the issue could be resolved. He asked which corner was closest to the road. It was determined that the West corner was the closest, and if the structure were to be angled in a different direction, with the west corner no closer to the road than the existing structure, it would satisfy the concerns of  the abutter. He continued that the Building Inspector would need to document the footprint.

Mr. Haggett stated that the Notice of Decision could include a condition that the west corner goes no closer to the road.

Mr. Giffin concurred that a conditional approval was the best solution.

Chair Kendall stated that the structure should not exceed 35’ in length. He said that the length should be limited and that although the applicant was seeking relief, the abutters’ rights should also be protected.

Ms. Ogilvie suggested that the lot line could be adjusted (since Mr. Ullman owned the abutting parcel); the structure would no longer be in a setback.

Mr. Ullman said that he would agree to the length condition and said “it is just a little cottage”.

Mr. Giffin asked for another clarification of the drawing.

Chair Kendall closed the Public Hearing.


The Board members determined the following:

  • The west corner cannot move any closer to the road
  • The size of the structure is to be no greater than 25’ x 36’
  • The Building Inspector will view the to be demolished structure – a Demolition Permit is part of the process

Motion: Mr. Giffin moved to approve the variance request of Peter Ullman for variances from Article IX Section C. 5. and 6. to permit expansion of a non-conforming structure within the side yard and rear yard setbacks; a variance in accordance with Article XVI Section C. 1. (Non-conforming structures) property located at 65 White Birch Point Road (Tax Map 241, Lot 15), Antrim, and NH 03440 in the Rural Conservation District.


Motion to Approve      Date: April 3, 2014

Motion made by: Mr. Giffin                   Motion seconded by: Mr. Haggett

John Giffin
Ron Haggett
John Kendall
Ray Ledgerwood
Shelley Nelkens (Alternate) – if appointed
Frank Scales
The variance request was approved. The Notice of Decision will be issued within 5 business days. Chair Kendall explained the appeal process.

Business Meeting:       

Approve Minutes of October 22, 2013 – tabled to April 15, 2014

Oaths – sworn in by Gordon Webber Mr. Webber swore in Mr. Kendall, Mr. Giffin, and Mr. Scales – all for three year terms.

Workshops & Trainings:

20th Annual spring Planning & Zoning conference – Saturday, May 3 - Registration now open FYI

At 8:45 PM, Mr. Scales moved to adjourn; Mr. Haggett seconded. All approved. The meeting was adjourned.

Respectfully submitted,
Diane Chauncey,
Secretary for the Land Use Boards


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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