ZONING BOARD OF ADJUSTMENT
November 7, 2007
11/20/07 jrl______
AGENDA: VARIANCE: WALTER J. WARING/PICTURE VIEW
COTTAGES LLC, 31 Waring Rd., #109-063
VARIANCE: VINCENT G. VACCARELLO, 126 Lakeview
Ave., #104-119
APPEAL FROM ADMINISTRATIVE DECISION: ANDREW
E. HACKETT/SCOTT HACKETT, 61 Crescent St.,
#224-004
ATTENDING: Dan Bouchard (Chairman), Mike Willingham (Vice Chairman), Lloyd Belbin, Donna Hardy, Sandra Heaney
Alternates: Lorraine Onorato-Sullivan
ABSENT: Susan Colby
OTHER: Sheryl Montague (Land Use Officer), applicants and a couple
interested parties.
The meeting opened at 7:00 p.m.
APPEAL FROM ADMINISTRATIVE DECISION: ANDREW E. & SCOTT HACKETT
Mr. Bouchard apologized to the applicants, explaining that the newspaper neglected to print the notice, despite having confirmed that they had received it from us.
It must be printed in a newspaper at least 5 days before an appeal can be heard according to State law. The paper has assured us that they shall print the notice in the Nov. 8th edition and we shall hold a Special Meeting for this case on Nov. 20th.
MINUTES OF 9/4/07:
M. Willingham made a motion, second by S. Heaney, to accept the minutes as read. The motion carried.
VARIANCE: WALTER J. WARING/PICTURE VIEW COTTAGES LLC
The secretary read the application, referral, list of abutters notified and where the notice was advertised. She stated that there were no calls nor any written correspondence received and that the Fire Dept. had one statement.
Mr. Waring, President and owner, stated that they want a building addition. They will remove the porch and replace it. The present building is 10’ from the boundary line. They do not wish to encroach further towards the boundary but would like to continue the same line as what is there now.
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WARING VARIANCE continued:
L. Belbin made a MOTION, second by D. Hardy, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
The criterion for a variance was then addressed. Mrs. Waring distributed print-outs of these and went over them. She stated that it is a small house and they wish to add a living room and 1 bedroom. The office is presently at the head of the stairs where she cannot see customers coming and would like to move it to the current living room area. It is a 4-bedroom house with just 2-bedrooms used and they intend to keep it that way. Mrs. Waring pointed out an alternative plan that could be used if they do not get the variance. She added that this would block the view of the neighbor, would be offset from the present building and there could be a roof problem with leaks, etc. Ms. Heaney asked about the existing shed and was told that it would have to be moved if they used the alternative plan. Mr. Bouchard asked if they have town water and was told that they do.
1. Special features peculiar to the lot: There are water lines in front of the house. If the addition is offset, they would have to move these and it might interfere with the septic.
2. Minimum variance: They feel that going from 10’ to 16’ is the minimum.
3. No diminution in value of surrounding properties: They feel that it would be an improvement and they would not block the neighbor’s window.
4. Benefit the public interest: The present rental office is blocked from view and closer supervision of the rental cottages and tenants.
5. Substantial justice: It will not be a hardship on anyone.
6. Spirit of the Ordinance: They will not be encroaching on anyone else’s space.
It will still be residential as it has been for the last 54 years.
The public was asked for comments. None were forthcoming and the public portion of the hearing was closed.
Mr. Belbin felt that the shed should be moved as a condition of the variance. He had no problem with the general plan but asked about compliance in other cases if we allowed this one. Mr. Bouchard stated that the present house is non-compliant and they are asking us to make it even more non-compliant. A discussion was held on non-compliant regulations. Mr. Willingham felt that it is only a 6’ addition and he would approve the plan. Mr. Bouchard read the zoning ordinance section on Non-conforming structures, page 27.
Ms. Heaney stated that the applicants have provided an alternative plan which shows that there is no hardship. She is not for making something more non-compliant than they already are. Mr. Willingham stated that they have presented the best plans; it is a better design this way.
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WARING VARIANCE continued:
Mr. Belbin asked if there are any additional costs to the alternative. The Warings stated that it would be more costly. Mr. Bouchard stated that cost cannot be considered as a reason for a variance. Mr. Waring was concerned about having a problem with flash and in keeping it dry in the alternative plan. The variance plan would be the most advantage to the. The house has been there for 26 years.
L. Belbin made a MOTION to MAKE MOVING THE SHED A CONDITION OF THE VARIANCE. There was no second given.
Mr. Bouchard then called the vote for the original variance which was DEFEATED: 1 in favor and 3 opposed.
Mr. Bouchard explained that they have 30 days for a Rehearing of they can come up with a different plan that is conforming to the present regulations. Mr. Willingham added that, if they come for a Rehearing, they must bring in additional evidence.
VARIANCE: VINCENT G. VACCARELLO/BURT WILLIAMS
The secretary read the application, referral, abutter’s notified, where the advertising was done, and that there were no phone calls or any written correspondence received. Dept. Heads had no comments.
Mr. Williams, representative for Mr. Vaccarello, stating that there is a rotting garage on the property which Mr. Vaccarello wants to replace. He would like to increase the size by 5’. J. P. Morrison will do the base and Jim Shokal is to build it. This is a beautiful piece of property; Mr. Vaccarello’s summer home.
Mr. Belbin asked what the future plans are as the plan is showing a sewer and water proposal and does this mean that an apartment is planned? Mr. Williams stated that they plan on having a raised dormer. There was water and a sink there previously. No apartment is intended.
Ms. Hardy asked the size of the building. Mr. Williams answered that they wish to increase from 21’ to 26’ on the non-conforming side.
L. Belbin made a MOTION, second by S. Heaney, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
Mr. Williams stated that they have talked to all of the neighbors and no-one is against the plan. It would be a hardship to turn it around. As an Area Variance, the special conditions of the property are that it would not conform to how the present driveway is. The old garage has a log holding it up. Mr. Vaccarello wants room for his car and a boat. He resides in California. The garage has been in this spot for 50 plus years. It will not diminish the surrounding properties.
There were no public comments and the public part of the hearing was closed.
Mr. Belbin said that he has looked at both of these properties. We have no height listing for the garage and he is afraid of a future apartment being put in. Mr. Bouchard stated that the ZBA cannot assume anything but must look at what the Variance application is asking for.
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VACCARELLO VARIANCE continued:
Mr. Belbin asked about the water and sewer lines that are proposed. Mr. Williams stated that they used to have a water pipe there and that there is a sink in the garage now.
Ms. Hardy thought that the land slope makes it difficult to build anywhere else.
Ms. Heaney felt that they have met #1 Diminution in value of surrounding properties, but not #2 Not contrary to the public interest or #3 Minimum variance/no other feasible method. #4 Substantial justice was not addressed and #5 Not contrary to the spirit of the ordinance has been met.
Mr. Willingham is fine with the plan. He feels that there is no other place to build the garage.
Ms. Hardy felt that the present size is enough for two stalls.
Mr. Bouchard stated that the ZBA must follow the law and the criteria. This is the biggest lot in the area. Mr. Williams stated that a 24’ garage is the smallest size for a double garage these days. Ms. Hardy felt that there is no hardship as the garage can be built in the same footprint and still accommodate what the applicant is looking for. Mr. Bouchard agreed.
Mr. Belbin felt that #1 and #2 have not been met.
Mr. Bouchard felt that they could change the doors to the side and have plenty of room without expanded encroachment in the setback area.
The vote was then taken. The Application for Variance was DENIED, 1 for and 3 opposed.
COMMUNICATIONS:
The Town holiday closing dates notice was read. A DES Dredge & Fill permit for Cummings Beach was looked at as well as the LGC 66th Annual Conference. The Sept. and Oct. NH Town and City will be held in the office for awhile. There is to be a Land Use Law Conference on Nov. 14th.
UNFINISHED BUSINESS:
Mr. Bouchard stated that he contacted Sondra Keene’s lawyer to explain that they are under no obligation to change the agreement approved by the ZBA and that any change would mean that they must come back in to the Board again.
A letter from DES to Mr. & Mrs. Bednaz had been received, causing concern to the Board as their variance was denied.
There was also a DES letter to Mr. & Mrs. Vassil for a Shoreland Waiver. They had withdrawn their hearing with the Bristol ZBA. Ms. Montague stated that they are using the same footprint.
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NEW BUSINESS:
The Board determined dates for the Alternates terms (as required by State Law). Susan Colby (’07), Lorraine Onorato-Sullivan (’09), and the third alternate (presently empty – ’08).
Mr. Bouchard went over items that the Planning Board is looking into changing and he stated that, if the ZBA has any others, we need to get them to the Planning Board as soon as possible.
Mr. Bouchard then addressed the 2008 proposed budget. He noted that we had no line item for Meetings & Memberships and feels that we need this as we are going to the conferences. He feels that he can drop down the amount in the New Equipment line. Mr. Belbin asked about getting the updated zoning map. Mr. Bouchard will look into this.
The Board was reminded that the Selectmen’s Volunteer appreciation party is to be held 11/15/07 from 6:00 to 8:00.
As to the annual report, Mr. Bouchard will get the final numbers from the secretary. It was suggested that there be a thank you to Jay Meegan for his work as the previous Chairman and to the secretary. They also wish to thank the Selectmen for showing interest by bringing the Board into a Selectmen’s meeting.
NEXT MEETING:
The next meeting will be the special hearing date of Nov. 20th with the Appeal by the Hackett’s.
With no other business, D. Hardy made a motion, second by M. Willingham, to adjourn at 8:10 p.m.
Respectfully submitted,
Jan Laferriere, secretary