Zoning Board of Adjustment
Meeting Minutes
April 13, 2004
Members present: Edwin Mattson, Jane Roberts, Coni Porter, Michael A. Methe; Chairman
Members absent: Daniel Baker, Gerald D. Neiman
Selectmen present: Joan Knight
Jane Roberts agreed to act as Chairman until Chairman Methe arrived, and opened the meeting at 7:48 p.m. Mrs. Roberts explained to the applicants and others present that the Board was awaiting the arrival of the chairman to open the first public hearing.
Chairman Methe arrived at 8:00 p.m. and took over the meeting.
Public Hearings
7:30 p.m. Case #04-03: George F. Patten requests a Special Exception under Article V. Section 127-19 (F) of the Fitzwilliam Land Usage Regulations to replace one nonconforming structure with another nonconforming structure while having less than the minimum front yard setback and less than the minimum rear yard setback at property located at 444 East Lake Road, Tax Map 23; Lot 4, in the Rural District. – Chairman Methe opened this public hearing at 8:00 p.m. and read the case title aloud. Chairman Methe advised the applicant that they do not have a full Board this evening, and the application would need to receive at least three affirmative votes in order to be granted. Mr. Patten stated that he wished to proceed with four members voting this evening. Chairman Methe asked Mr. Patten to present his
application.
Mr. Patten told the Board that this is a repeat application for this project, as he originally applied for this in 1991 and it was granted, however, due to personal circumstances, he was unable to proceed with the project, and is now ready to move forward with this. Mr. Patten explained that when the Town made the road in this area, they widened it and elevated it some, which basically put the existing building within 6’ of the existing road. The first floor of the structure is below road level. Mr. Patten stated that by virtue of his deed, his land exists by the side of the road and is marked by a pin, however, moving the road means his land now goes back into Laurel Lake. Mr. Patten continued stating that he first met with the Board in 1991 about this proposal. Mr.
Patten is seeking to demolish the existing building and then rebuild it, however, the footprint would be different and the house would be larger. The objective is to move the house back a little from the road as Mr. Patten is concerned over snow plowing, and he would like to make the house larger by 140 sq. ft.
Ms. Porter asked the applicant what exactly he was approved for in 1991 and Mr. Patten said that he was approved to replace the house with another structure containing 735 sq. ft. Mr. Patten explained the change in the footprint to the Board. Ms. Porter asked if the increase in size would mean an additional bedroom and Mr. Patten said that he did not know at this time. In reviewing the plot plan that Mr. Patten provided Mr. Methe noted that he doesn’t see that the new building would be closer to the lake or the road, and then questioned if the applicant would need an exception from the town right of way. Mr. Patten stated that his deeds states that his property begins at the edge of the road. Selectwoman Joan Knight noted that nothing would be different if the
applicant rebuilt in the same footprint. It was noted that this road is a 2 rod row and is 17 ½’ wide.
Mrs. Knight asked the applicant if he was required to apply to the State of New Hampshire for a Shoreland Protection Permit or anything else. Mr. Patten stated that he needs to apply for a Variance from the Shoreland Protection Act. The Board questioned where parking would be on the lot and Mr. Patten explained that it would be by the holding tank and would not affect that. Mr. Patten added that he is working with the Subsewerage Division at DES also noting that they have found the prior approval. Mr. Patten said that he would like to stabilize the boulders near the lake by building a concrete wall there and then use it as the foundation for whatever he decided to put on top of it.
Mr. Mattson asked for clarification on the size of the lot and then asked the age of the structure. The lot is 75’ wide and 35’ deep at one end and approximately 27’ deep at the other end. Mr. Patten said that the house is approximately 67 years old, and added that he thinks that he’ll need to pour a footing to stabilize the boulders from the inside and use sauna tubes. The Board asked the distance from the back of the house to the lake, to which Mr. Patten told them it is 4’ and that he would like to see it 9’ away.
Chairman Methe asked if there were any abutters present with any questions to ask. Jackie Wood stated that she would like to see the plan. Mr. Patten spent several minutes explaining to Ms. Wood what he plans to do.
The Board asked Mr. Patten if the new structure would also be a one story structure and Mr. Patten responded that he was not sure how many stories it would be but he is seeking 735 sq. ft. Mr. Methe noted that footprint size and actual living space is different, and then mentioned that a lot of this could be contingent on the holding tank, to which Mr. Patten said that it would not be larger than two bedrooms.
Mr. Carmen Yon asked to address the Board, and stated that the applicant is seeking to bring the structure away from the lake, which the lakeshore protection acts would not allow. Mr. Yon continued and referred to RSA 483:B-11 I. reading, “Such repair or replacement may alter the interior design or existing foundation, but no expansion of the existing footprint or outside dimensions shall be permitted”. Mr. Yon questioned the validity of the application before the Board. Mr. Patten stated that he has been told by the gentleman that heads up Shoreland Protection at DES that relief can be obtained if there are extenuating circumstances. Mr. Yon added that he could understand this if the applicant were going to bring this more into conformance with shoreland
protection, but not the town. Chairman Methe stated that the Board has fourteen days to make a decision and he suggests to the Board that they obtain a legal opinion regarding this application before they make a decision on it. Mr. Patten stated that he has the right to petition the town for this and that he was told by DES to apply with the Town first. Mr. Patten added that he planned to apply with the State after this meeting tonight. Chairman Methe explained to Mr. Patten that the Board needs to do their homework with regards to the application before them, and, the Board has fourteen days to make a decision. Chairman Methe explained that they need to check the statutes and see if there have been any changes made in the content as well. The Board needs to be clear on exactly what they can and cannot do.
Mr. Patten told the Board that he would rather talk to the State first and withdraw this application before the Board, rather than wait fourteen days for this Board to make their decision. Chairman Methe asked Mr. Patten if he wanted to withdraw his application and Mr. Patten stated that he wanted to withdraw the application before the Board.
Chairman Methe announced that the applicant has decided to withdraw his application before the Board this evening and pursue this with the appropriate State Departments first. Chairman Methe thanked everyone for attending this hearing this evening and closed the public hearing at 8:32 p.m.
7:50 p.m. Case #04-04: Thomas & Sheila Young request a Special Exception under Article V. Section 127-19 (F) of the Fitzwilliam Land Usage Regulations to extend the size of the existing pumphouse while having less than the minimum side yard setback. This property is located at 143 Scott Pond Road, Tax Map 36; Lot 3 in the Rural District.
Chairman Methe opened this public hearing at 8:35 p.m. and read the case title aloud. Thomas and Sheila Young were present for this proposal. Chairman Methe explained to the applicants that they do not have a full Board this evening and in order for the Special Exception to be granted, at least three Board members would need to vote in favor of it. Chairman Methe told the applicants that they have the right to postpone this and have their application heard before a full Board. Mrs. Young stated that they wanted to proceed this evening. Chairman Methe asked the applicants to explain what they would like to do.
Mrs. Young told the Board about this parcel and explained that the house is in a corner of the lot and not in the center of it, and that it was built prior to zoning. The applicants have already done considerable work on the property including the installation of a new septic system. Mrs. Young explained to the Board that they would like to enlarge the existing pumphouse and make it accessible from inside the house.
The Board questioned the current dimensions and proposed dimensions which Mrs. Young pointed out on a plan as well. The pumphouse is currently 8 ½’ x 10’ and they would like to increase it in size to 10’ x 16’. This would make it come out 2’ further from the house, and would put this within a few feet of the property line. Mrs. Young added that this would also look like it belongs to the house rather than being a separate shed.
Chairman Methe noted that there was no one from the public present for this application. Margo Best, Administrative Assistant, told the Board that there is a note in the case file regarding a conversation that she had with Herman Schultz, an abutter to this property. Chairman Methe read this note aloud which stated that Mr. Schultz as well as Mr. and Mrs. Timothy Hadsell, have no objections to this proposal.
Mrs. Young told the Board that she also contacted the State to see if she needed to do anything in terms of wetlands, and she was told that she was all set and does not need to do anything with them.
With there being no further questions, Chairman Methe closed the public hearing at 8:40 p.m. and moved onto the criteria to be voted on. The proposed use:
1.) Is in harmony with the purpose and intent of this chapter – The Board voted unanimously that this proposed use is in harmony with the purpose and intent of this chapter.
2.) Will not be detrimental or injurious to the neighborhood in which it is to take place – The Board voted unanimously that this proposal would not be detrimental or injurious to the neighborhood.
3.) Is appropriate for the site in question – The Board voted unanimously that the proposal is appropriate for the site.
4.) Complies with all applicable requirements of this chapter – The Board voted unanimously that this item is not applicable as the applicants are before them because the proposal does not meet one requirement of this chapter.
5.) With respect to dimensional requirements establishes that there exist special conditions that make the meeting of these requirements unduly burdensome – The Board voted unanimously in favor of this finding.
Edwin Mattson moved to grant the Special Exception for Thomas and Sheila Young. Coni Porter seconded. A unanimous vote in favor of the motion was taken.
Administrative Work
*** Review and approve February 10, 2004 Meeting Minutes – Edwin Mattson moved to accept the minutes of February 10, 2004 as written. Coni Porter seconded. A unanimous vote in favor of the motion was taken.
Correspondence
*** Notices of Decision issued by the Planning Board – Margo told the Board that these Notices of Decision were issued in connection with Russ Raitto’s 55 and older housing development and related Wetlands Application.
Other Business
Margo provided the Board with the estimates to get the Code Books updated. She explained that most of the updates are from the ballot articles from Town Meeting but there are a few changes under the Zoning Board of Adjustment section, such as changing the meeting night. The estimated amount for the Planning Board’s share is almost the entire line item amount for the year, so the Planning Board will not make these changes until late in the year as they may need these funds for other things.
Margo also told the Board that she would be out of work from Thursday, April 22, 2004 through Friday, April 30, 2004 as she is having surgery on her elbow on April 22, 2004. Margo told Selectwoman Joan Knight that she thought that perhaps Terry Silverman would be speaking with the Selectmen about this as there has been nothing definite figured out about covering the Land Use Office. Mrs. Knight noted this and said that she would discuss this with the Board.
Edwin Mattson moved to adjourn the meeting at 8:54 p.m. Coni Porter seconded. A unanimous vote in favor of the motion was taken.
Respectfully submitted,
Margo M. Best
Administrative Assistant
Land Use Boards
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