Zoning Board of Adjustments
ZONING BOARD OF ADJUSTMENT
APPROVED MEETING MINUTES
February 23rd, 2021
Public Hearing/Meeting
Members & Staff Present: Shelley Nelkens (Member), Diane Kendall (Chair), Christopher Parks (Member), Janet McEwen (Member), Bob Holmes (Vice Chair participating by Zoom), Carol Ogilvie (Planning Consultant participating by Zoom), and Ashley Brudnick-Destromp (Assistant)
Absent:
Public Attendees: Tom & Joyce Davis (Applicant), Janice Kibee (Self)
*Due to COVID-19 this meeting was conducted with social distancing and also made available to public access via Zoom*
Opening of Meeting: Chair Kendall opened the meeting at 7:00 PM
Roll Call Vote for Attendance: There was no Roll Call for Attendance but Chair Kendall introduced each member of the Board and Staff in person and participating on Zoom. There was a full Board present.
I. Organization of the ZBA for 2021:
Motion: At 7:01 PM Ms. Nelkens made a motion to appoint Diane Kendall as Chair, at 7:02 PM Ms. McEwen seconded it.
Roll Call Vote: Diane Kendall, “Aye,” Bob Holmes, “Aye,” Shelley Nelkens, “Aye,” Christopher Parks, “Aye,” Janet McEwen, “Aye.”
The Motion PASSED
Motion: At 7:04 PM Ms. Nelkens made a motion that Bob Holmes be Vice Chair, at 7:04 Pm Ms. McEwen seconded it.
Roll Call Vote: Diane Kendall, “Aye,” Bob Holmes, “Aye,” Shelley Nelkens, “Aye,” Christopher Parks, “Aye,” Janet McEwen, “Aye.”
The Motion PASSED
II. Public Hearing: Tom & Joyce Davis 2021-02 ZBA Map 206 Lot 016 (6 Jackman Shores Road) variance extend an existing deck within the 100ft shoreland setback.
The Assistant read the Public Notice and confirmed it was posted, abutters notices were mailed out, and it was published in the Monadnock Ledger. Mr. Davis then introduced himself. He clarified that the actual project is adding 6 FT onto an existing deck which would extend it around 75-73 Feet from the reference point. He mentioned he is over estimating a little to be on the safe side. He said the deck is elevated 9 Feet, and is considered impervious so he is also going through his process with the State but does not wish to move forward with the State unless he has Town approval first. Mr. Davis said that post wise they are adding 3 posts that are 6x6 and that he is working with an engineer. Mr. Davis concluded with his presentation that he doesn’t think anyone will even notice the changes, and that the surrounding decks are all much closer to the water then he is and will be. Mr. Davis also mentioned that his property is non-conforming with the Town ordinance but conforming with the State.
The Assistant ready the only abutter’s letters submitted, there were 3 in total one from Frank Bennett, one from Matthew Sage, and one from Diana O’Keefe. All 3 letters were in support.
The Assistant then read the department reviews. The Building Inspector said that it could be done with ZBA approval and a condition that they also have approval from the State. The Police Chief had no concerns, and the Conservation Commission mentioned that, although it would be similar to the surrounding properties, he would urge that the applicant follow the guidelines in the NHDES Soak up the Rain program and gave the reference materials for it. Mr. Davis said that he and his wife are both in agreement with the Conservation Commission as well and that it will be mentioned in his permit by notification with the State.
Chair Kendall asked if there was any further questions or comments before closing the Public Hearing. Mr. Holmes wanted to know what the current square footage is and what the new deck square footage would be. Mr. Davis said it is currently 324 square feet and the addition would add another 216 square feet to it. Mr. Holmes asked if there were any plans for under the deck, Mr. Davis replied no, it would remain grass. Mr. Holmes asked if there was any current water run off protection, Mr. Davis responded, “yes,” and that they have a French drain around the house as well as a retention pond. Mr. Davis added they are not changing the topography at all but he will still have to address this with the State permit but in answer to the question yes, he has current protection in place.
The current deck is compliant with the State but not for the Town. Mr. Parks wanted to clarify measurements submitted on the drawing. There were several minutes spent on this. Mr. Parks wanted the applicant to clarify that he is asking for 11 feet and not 6 feet of expansion. There was discussion on the point of reference. Ms. McEwen concluded that he is adding 12 Ft in order to square it off, and the applicant responded with yes.
Chair Kendall asked if there were any further comments or questions from the Board, there was none.
Chair Kendall explained the Board will discuss the 5 criteria one at a time and take a final vote at the end.
Criteria 1: Is this contrary to public interest? Ms. Nelkens expressed if other structures around are the same then no. There was no further comment.
Criteria 2: Is it in the spirit of the ordinance observed? Chair Kendall and Mr. Parks expressed they felt it is not contrary to the spirit of the ordinance. There was no further comment.
Criteria 3: Substantial justice is done. Is the benefit greater than any harm? Chair Kendall and Mr. Parks both agreed that substantial justice is done. There was no further comment.
Criteria 4: The values of the surrounding properties are not diminished. Chair Kendall, Mr. Parks, and Ms. McEwen all stated that it would not.
Criteria 5: Literal enforcement of the ordinance would result in unnecessary hardship. Chair Kendall reminded everyone that this is always the biggest concern and how it is applied. The 100 FT setback is to protect the water quality. Ms. McEwen and Chair Kendall had a discussion on if the Zoning Ordinance is the problem or does it need to be revised. Mr. Holmes commented as well. Chair Kendall said that the proposed use is a reasonable one, and Mr. Parks commented that not being allowed to expand the current small deck would be considered a hardship.
The Board went over the conditions they would like on the Notice of Decision:
- Applicant must receive approval from NHDES for Shoreland Permit as well as adhere to and follow any and all conditions required by the State
- The Applicant must follow the recommendations of the Conservation Commission in regards to the NHDES Soak up the Sun program.
Chair Kendall said that the Assistant can also attach the staff report if needed to the Notice of Decision. There was also mention on how the Building Inspector can inforce condition 2. Mr. Holmes wanted it added that they would install a silt fence but the Board determined that would be a NHDES condition of approval as it is mentioned in Section 9 of the NHDES application.
Motion: At 7:41 PM Mr. Parks made a motion to grant the variance with the two conditions, at 7:45 PM Mr. Holmes seconded it.
Discussion: There was a discussion on the ZBA’s voting process
Roll Call Vote: Diane Kendall, “Aye,” Bob Holmes, “Aye,” Shelley Nelkens, “Aye,” Christopher Parks, “Aye,” Janet McEwen, “Aye.”
The Motion PASSED
III. Review/Amend Drafted Minutes from 12/08/2020:
Mr. Parks had mentioned earlier that they had not approved the minutes from 11/24/2020 either. There was one spelling error on the minutes from 12/8/2020 and the Board decided to hold off until the next meeting to allow time to review the drafted minutes from 11/24/2020.
Motion: At 7:52 PM Ms. McEwen made a motion to approve the minutes as amended, at 7:52 PM Mr. Parks seconded it.
Roll Call Vote: Diane Kendall, “Aye,” Bob Holmes, “Abstained,” Shelley Nelkens, “Aye,” Christopher Parks, “Aye,” Janet McEwen, “Aye.”
The Motion PASSED
The Board will have a business only meeting on 3/30/2021 to go over the bylaws and amend/approved minutes from 2/23/2021 and 11/24/2020.
Motion: At 7:56 PM Ms. McEwen made a motion to adjourn, at 7:56 Ms. Nelkens seconded it.
Roll Call Vote: Diane Kendall, “Aye,” Bob Holmes, “Aye,” Shelley Nelkens, “Aye,” Christopher Parks, “Aye,” Janet McEwen, “Aye.”
The Motion PASSED
Meeting Adjourned: 7:57 PM
Respectfully Submitted,
Ashley Brudnick-Destromp
Assistant to Land Use Boards