Zoning Board of Adjustments
ZONING BOARD OF ADJUSTMENT
APPROVED MEETING MINUTES
June 30th, 2020
Public Hearing/Meeting
Members & Staff Present:
John Giffin (Chair), Bob Holmes (Member), Ray Ledgerwood (Member participating by Zoom), Diane Kendall (Member), Christopher Parks (Alternate), Carol Ogilvie (Planning Consultant), and Ashley Brudnick-Destromp (Assistant)
Absent: Shelley Nelkens (Member)
Public Attendees: Len Pagano (representative for applicant), Nancy Knowles (self via Zoom)
*Due to COVID-19 this meeting was conducted with social distancing and also made available to public access via Zoom.*
Opening of Meeting: Chair Giffin opened the meeting at 7:02 pm. The Chair appointed Mr. Parks to sit in for Ms. Nelkens.
I. Organization of the Board:
Motion: Mr. Holmes made a motion to appoint Mr. Giffin as Chair, Ms. Kendall seconded it.
Discussion: There was none.
Vote: By a voice vote, all were in favor
Motion: Mr. Holmes made a motion to appoint Ms. Kendall as Vice Chair, Mr. Giffin seconded it.
Discussion: There was none.
Vote: By a voice vote, all were in favor.
II. Public Hearing: Jerry Frost et al 2020-02 ZBA Map 227 Lot 027 (53 Old Pound Rd.):
Requesting a dimensional variance from Article VII, Section D.d to construct a porch within the 50’ (foot) set back on a house that is already non-conforming and within the 50’ (foot) set back on property located in the Rural District.
The Assistant read the public notice and confirmed it was posted inside and outside of Town Hall, at the Post Office, in the newspaper, and abutters letters were sent.
Mr. Pagano introduced himself to the Board as the representative for the Frosts. He explained this was a small ramp and a 9’ (ft) by 11’ (ft) porch for handicap access for Mrs. Frost. Mr. Pagano read a stated from Mr. Frost explaining that Mrs. Frost is wheelchair bound, and the side entrance is down a brick path that is steep. The letter also stated that Mr. and Mrs. Frost intended to be present for the public hearing, but due to COVID-19 their flight was cancelled and they are unable to travel yet. Mr. Pagano added that the application was very straight forward, and that the hardship is that Mrs. Frost is wheelchair bound and doesn’t have proper access to enter her home.
There was a very brief discussion on the 50’ (ft) ROW (right of way), and it was determined this was not an issue. There was clarification on the 50’ setback, and how the Road Agent only requires 25’ for snow removal/road maintenance. There was a discussion on how the Board members were familiar with the house, and how close it is to the road, and how the edge of the property line is on the edge of the road. Mr. Pagano did not have any insight on the ROW matter. It was determined that, in regards to concerns of plowing, that the plow would hit a tree before it would reach the porch.
The Board also discussed how if there was damage the Town is not responsible. Mr. Parks asked if it was possible for snow to be pushed up by the Town’s plows under the proposed porch. Mr. Pagano explained that it wouldn’t happen because it is still 25’ from the road, and it does not appear to encroach.
The Chair asked if there was any public comment for or against. There was no public comment.
The Chair closed the public hearing at 7:18PM and the Board went into Discussion.
Mr. Holmes asked about condition 1 on the Notice of Decision (NOD), “Under no circumstances will the Town of Antrim be held responsible for damage to personal property located within the public right of way,” and if the Town should obtain a written letter from the property owners stating this.
Ms. Knowles joined the meeting via Zoom, and said she is not an abutter but lives nearby and wanted to listen in.
There was a discussion on Mr. Holmes question, as well as on personal property within the ROW, and how the proposed structure isn’t in the 25’ ROW it’s in the 50’ setback. There was a discussion on driveways vs structures in this matter. It was determined by the Board that condition 1 should be removed, as the proposed structure would not be in the public ROW.
Motion: Mr. Holmes made a motion to close the discussion, Mr. Ledgerwood seconded it.
Vote: By a voice vote, all were in favor
There was no further discussion.
Roll Call Vote: By a roll call vote, the variance was granted unanimously with a 5/0 approval. Ms. Kendall “Aye”, Mr. Giffin “Aye”, Mr. Holmes “Aye”, Mr. Ledgerwood “Aye”, Mr. Parks “Aye.”
III. Review/Amend Minutes from 3/03/2020
Review: The Chair asked the Board to review the minutes from 10/15/2019.
Discussion: There were no changes made
Motion: Ms. Kendall made a motion to approve the minutes from 3/03/2020 as written, Mr. Holmes seconded it.
Vote: Mr. Parks abstained. By a voice vote, the rest of the Board were in favor.
IV. Other Business:
The Assistant informed the Board that the next meetings will be Tuesday, July 7th for JT Enterprises LLC and Tuesday, July 21st for Harbor Camps Inc.
V. Staff Report:
The Assistant said that the department was doing well as a whole in staying under budget so far this year, and that the Planning Board has a public hearing coming up for Katherine Wasserloos for her minor subdivision that the ZBA had granted a variance for.
Motion: Mr. Holmes made a motion to adjourn the meeting, Mr. Parks seconded it.
Vote: By a voice vote, all were in favor.
Meeting Adjourned: 7:34 PM
Respectfully Submitted,
Ashley Brudnick-Destromp
Assistant to Land Use Boards