Town of Fitzwilliam, NH - ZBA Meeting Minutes 10/10/06

Wittenborg chaired the meeting in Roberts’s absence. She explained the procedure for public hearings and noted that since they were a three member board this evening, any decision had to be unanimous to carry. Applicants were offered the option of continuing their hearing until a full board could be seated, since if they agreed to proceed tonight they would relinquish the right to appeal any decision tonight, based on the number of members seated.

Public hearing: Case # 06-15 Joe and Kathleen Pagano appeal for an Area Variance to build an addition on a nonconforming structure encroaching on side setback; property located at 20 Laurel Lane, Map 21, Lot 15, Rural District.

Wittenborg reiterated that the Board was a three member Board tonight and any decision had to be unanimous. She added that based on the information in the Pagano application and the difficulty of the issues involving nonconforming lakeshore property, she personally did not have enough information to make a decision tonight and suspected the hearing would be continued pending further dimensional information and a site walk.

Mr. Pagano stated he was uncomfortable proceeding. The Board agreed that no decision would be forthcoming tonight. Mr. Methe pointed out that the three members serving tonight would have to be part of the Board that hears the case at a continued hearing. Wittenborg noted that other Board members would accompany them on any site walk and thus be informed about the case. Ernst asked if the Board can discuss the case so Mr. Pagano will have a better idea of what the Board needs.

Mr. Pagano presented his application, and distributed revised measurements he had taken earlier in the day. He said they had planned to construct an addition that would house their kitchen, with a dishwasher, washer and dryer. They also plan to winterize the house. The plan shows a 12 foot by 24 foot addition that extends the width of the house on the street side. IT will be a single story addition with a shed roof.

He said he’d spoken with the engineer who had surveyed the boundary line several years ago, and he thought several pins had been moved. Mr. Pagano said the engineer will re-establish the boundary line this coming week.

He added that after taking today’s measurements, he thinks the planned addition can be scaled down to accommodate the setback from the north side boundary.

Wittenborg asked if there was anyone in support of the proposal. Phil Walling, abutter, stated that the plans were OK with him, since the addition was on the street side rather than the lake side of the home.

Wittenborg asked if there was anyone opposed to the proposal. Elizabeth Samuels, abutter, said they had met the Paganos and they seemed like a very nice family. She added that she and her husband had not received timely notification of the hearing. Their notification letter had just arrived today. Another abutter had notified them of the hearing.

Mrs. Samuels has been on Laurel Lake for 53 years, going there when she was a child. She now owns the family cottage. They love the rustic and serene quality of the lake community. The Pagano property was once owned by very dear friends of theirs, with whom they had a very long neighborly relationship. She told of a time when the previous owner had constructed a driveway for elderly parents to use. The construction, so close to the boundary, destroyed natural buffers, which the neighbor replaced in time. They are concerned that the Pagano’s construction will have an impact on their property.

They are concerned about the encroachment of suburbia on the community, noting that another neighbor has constructed a large home with landscaping and a lawn that is not in keeping with the rustic quality of the neighborhood. She said she and her husband live in Providence, RI and come to Laurel Lake to enjoy the natural wonder of the woods. They are concerned with maintaining the rural character and privacy associated with that character. They want to preserve the natural feel of the area.

She is a member of the Laurel Lake Association and has worked on environmental issues like phosphate in the lake. She is concerned that a dishwasher and washer and dryer will have a serious impact on the quality of the water.

Wittenborg asked if Mr. Pagano was aware of the Comprehensive Shoreline Protection Act, saying the legislation covers all water bodies in NH. MA has similar legislation. She read from RSA 483-B:11, emphasizing the phrase “no expansion of outside dimension.” This is state law and local communities can make that more restrictive.

Mr. Pagano asked if they would need to apply to the state. Wittenborg said yes, the state requires a 50 foot setback from water bodies and the proposed addition commences within that setback. Wittenborg said she would like to see any record survey of the property, as she is not convinced of the dimensions.

Mr. Methe suggested the Board continue the hearing until the pins can be reset and conduct the site walk after the new survey. Wittenborg read the deed for the property and asked if the survey could be completed using the markers from the record plan as described therein.

Ernst noted that the DES waiver will take some time to acquire. Wittenborg noted that she had read the legislation regarding construction on a body of water to apprise Mr. Pagano of the increasingly strict regulations and to inform him of how seriously the state and the town take setbacks from bodies of water. Additionally, the proposed structure is too close to the lot lines, and there may be other encroachments.

Dr. Samuels, abutter, noted that no matter how far off the pins may be, the structure is still too close. He said he and his wife want the Paganos to be happy, but don’t want to change the ambiance of the neighborhood.

Mr. Pagano said his brother is an architect, and he and his wife do not plan to make any radical changes; they plan to work within the context of what they have. He assured the Samuels that the addition will be aesthetically pleasing.

Ernst said that maybe Mr. Pagano wanted to wait before expending money for a survey until he hears what the state may require or decide. Mr. Pagano said his wife had talked with the state and they were very encouraging. Both Wittenborg and Mr. Methe agree that the state may not be encouraging about extending the footprint of the nonconforming structure.

Mrs. Samuels said beauty is in the eye of the beholder. She assumes the neighbors with the large home feel their property is lovely – and it is – it just doesn’t fit in the rustic surroundings. She reiterated her concern with water quality, adding she knew the current septic system is too close to the water to meet current regulations. Wittenborg noted the septic plans are part of the building permit process.

Filipi concurred that the Board needs more detailed dimensional measurements – adding that maybe the addition could be positioned outside the state setback.

Ernst moved, Filipi seconded and the Board voted to continue the hearing until the November 14, 2006 meeting at 7:00 PM.

Public hearing: Case # 06-16 Scot Sanderson appeal for Area Variance to replace nonconforming garage with larger garage on property located at 70 Keene Ave., Map 23, Lot 23, Rural District.

Carl Hagstrom, septic designer and builder, represented the applicant Scot Sanderson. Mr. Hagstrom opted to continue the hearing until there was a full Board. He presented a more detailed plan. The Board asked to have the existing building scaled, to compare it to the proposed building. There was some discussion of the stone wall and whether or not the public way right-of-way will be involved.

Ernst moved, Filipi seconded and the Board voted to continue the hearing until the November 14, 2006 meeting at 7:00 PM.