Zoning Board of Adjustments

Meeting date: 
Tuesday, October 15, 2019

October 15th, 2019
Public Hearing/Meeting

Members & Staff Present:  John Giffin (Chair), William Bryk (Vice Chair), Ray Ledgerwood (Member), Shelley Nelkens (Member), Diane Kendall (Alternate), Carol Ogilvie (Planning Consultant), and Ashley Brudnick-Destromp (Assistant)

Absent: Bob Holmes (Member)

Public Attendees: Samuel Zachos (applicant), and Peter D. Mellen, LLS (surveyor)

Opening of Meeting: Chair Giffin opened the meeting at 6:58 pm. He introduced the members of the Board and Alternates. Chair Giffin appointed Ms. Kendall to sit in for Mr. Holmes.

I.  Public Hearing Case# 2019-05 ZBA Map 101, Lot 046 (Gregg Lake Road):
The Assistant read the public notice for a variance from Article VIII, Section C. 1 & 3 for lot size and width in the Lakefront Residential District for the owners of Map 101 Lot 046. She stated notice was sent to abutters by certified and regular mail, notice was posted inside and outside of Town Hall as well as the Antrim Post Office, and the notice was published in the newspaper.

Mr. Mellen introduced himself as the surveyor, and is representing the owners of Lot 046 and Lot 047. He showed the Board the lots on his own map, and provided background history of the lots. The map he showed was colored, so he informed the Board what the colors represented. Mr. Mellen said that the driveway for Mr. Zachos’s property on Lot 046, and the purpose of this application is to convey part of the property of lot 046 to Lot 047 to give him proper and legal access.

Mr. Mellen went over the lot sizes, and how the lots are currently non-conforming as is, and the dimensions of those lots currently, and what they would become.

Chair Giffin verified the lot owned by the multiple parties (Lot 046) is not intended to be built on ever, and is just used for beach access by those entities. Mr. Mellen said that is correct, the beach lot cannot be built on in the future.

Ms. Nelkens wanted to address Ms. Gorgas letter to the ZBA, Chair Giffin explained it would be done later after the applicant’s presentation.

Mr. Mellen went through his answers to the questions on the application, and read them off one by one. (Packet with answers will be attached to the minutes for the record). Mr. Mellen also pointed out that Mr. Zachos had used that area for vehicle access for many years, and was never able to purchase it because it was Town property up until 2015.

The Chair asked Ms. Ogilvie if it was necessary for a variance on this matter, where there was nothing in the Zoning Ordinance that specifically says you cannot make a nonconforming lot more nonconforming. Ms. Ogilvie explained that by law, a nonconforming lot cannot be changed at all and that is the reason a variance is needed for this proposal. A short discussion ensued.  The end result was Ms. Ogilvie, Mr. Ledgerwood, and Chair Giffin  all agreed that the lots will both still be non-conforming, but that if the applicant had only gone to the Planning Board for a lot line adjustment, the Planning Board would have said they could not process it because it would be making a non-conforming lot even more nonconforming. Mr. Mellen also added to that, and that the Zoning Ordinance has minimum lot requirements, and that this is a necessary step before going in front of the Planning Board, as they cannot grant variances to the Zoning Ordinance, only the ZBA can.

Ms. Nelkens asked Ms. Ogilvie if there was any negatives to this application. Ms Ogilvie said she could not see any at this time in her opinion.

The Chair asked if there was any other questions from the Board members, and there was no response.

The Chair asked if there was anyone who wished to speak in opposition. The Assistant read a letter from Joan Gorga from the Gregg Lake Watershed Management Plan Committee & Chair of the Antrim Parks and Recreation Commission. After reading the letter, Chair Giffin mentioned that matters like these are not for the ZBA or the Planning Board to decide, or play a part in, and that if there is an issue, the proper entities should be contacted.

7:21 PM Chair Giffin closed the public portion and moved into discussion.

Mr. Bryk said he was concerned with Ms. Gorgas letter, and as a tax payer, is concerned about having to pay expense to correct something that is, at this point, alleged.

There was comments from Mr. Ledgerwood and Ms. Kendall that went with what the Chair had said regarding it not being the ZBA or Planning Boards authority to impose what Ms. Gorga was requesting.

Ms. Ogilvie said that neither the ZBA or the PB have the authority to impose this on this application, unless it was a large project that might have impact on the beach. The Assistant said she had briefly mentioned this matter to NHMA legal that morning when she called regarding a separate matter and they said the same.

Motion: Mr. Bryk made a motion to vote on the application, Ms. Kendall second it.

Vote: By a voice vote, all were in favor. 

Roll Call Vote: Ms. Nelkens– “Abstained.” Ms. Kendall – “Aye.” Mr. Ledgerwood- “Aye.” Chair Giffin- “Aye.” Vice Chair Bryk- “Abstained.”

The variance has been GRANTED.

II.  Review/Amend Minutes from 9/03/2019:

Review: The Chair asked the Board to review the minutes from 9/03/2019.

Discussion: There were a couple of grammatical corrections, and correction of the motion to adjourn the meeting.

Motion: Mr. Bryk made a motion to approve the minutes from 9/03/2019 as amended, Mr. Ledgerwood second it.

Vote: By a voice vote, all were in favor.

III.  Other Business
The Assistant informed the Board that so far the Planning Department had used 49% of it’s budget, and that they plan to use more towards the end of the year with consultant fees. She informed the Board that the Department was requesting an increase of $1500 to the budget, as she was new the previous year and made cuts to certain accounts without realizing large fees that were paid from those accounts.           

IV.  Staff Report:

The Assistant updated the ZBA with the current public hearings that the Planning Board has, as well as upcoming ones in November.

Motion: Mr. Bryk made a motion to adjourn the meeting, Mr. Ledgerwood second it.

Vote: By a voice vote, all were in favor.

Meeting Adjourned:  7:43 PM

Respectfully Submitted,
Ashley Brudnick-Destromp
Assistant to Land Use Boards