ATKINSON ZONING BOARD OF ADJUSTMENT
21 Academy Avenue
Atkinson, New Hampshire 03811
Public Hearing Meeting Town Hall
Wednesday, November 14, 2007
Present: William Friel; Vice-Chairman; Kate Rochford; Hank Riehl
Alternates; Maggie Osborn
Mr. Friel, Acting Chairman, called the meeting to order at 7:45 P.M.
Approval of Minutes 10/10/07
First page – change date to October 10, 2007.
Page 2 – second last paragraph of page delete "what" after "knows".
Mr. Riehl made a motion to approve the minutes as amended. Ms. Rochford seconded the motion and it was unanimously approved.
Correspondence:
Incoming
Sumner Kalman dated 10/17/07 re: SBA Towers II, LLC v. Town of Atkinson – Copy of Certified Record.
ZBA Budget Printout dated 10/31/07.
Rockingham Planning Commission dated 10/10/07 re: Zoning Ordinance Amendment Schedule.
Sumner Kalman dated 11/6/07 re: SBA Towers II, LLC v. Town of Atkinson – Summary Judgment and Objection to Motion to Dismiss.
Beaumont & Campbell dated 11/14/07 re: Casey, Stickney Road, Map 23, Lot 32 request for Extension of Special Exception date.
Outgoing
Mr. James Miller, 79 Maple Avenue, Map 14, Lot 12 , dated 10/11/07 re: Home Business Renewal approval.
Ms. Norma Smith, 52 East Road, Map 14, Lot 81 dated 10/10/07 re: Home Business Renewal approval.
Ms. Michele Dugdal, 11 Old Coach Road, Map 7, Lot 199-34 re: Home Business Renewal approval.
Mr. James Kirsch, dated 10/16/07 re: Denial of Appeal for 21 Stonewall Terrace, Map 17, Lot 30-22.
Mr. & Mrs. William Bingham, 9 Amberwood Drive, Map 19, Lot 2-4 re: Approval of Wetland Variance Application.
Little River Properties II, LLC, dated 10/23/07 re: Approval of Sign size variance on 4 Main Street, Map 5, Lot 67.
ZBA Legal Notice for meeting of 11/14/07.
Beaumont & Campbell Prof. Ass’n. letter dated 11/14/07 re: Mary Ann Casey, Stickney Road, Map 23, Lot 32 requesting Extension of Special Exception Approval to August 31, 2008.
The board discussed Attorney Campbell’s letter of request for Ms. Casey which requested an extension of the end-date of their previously approved Special Exception originally granted on January 10, 2007. Mr. Friel explained that he believed that Ms. Casey would have to submit a new application, with the reason for the need for the extension along with the minutes of the January 10th 2007 meeting, the Board’s approval letter and any other supporting information or status of State applications. This would have to be a notified public hearing. The Board agreed this would be the proper procedure but did not see any issues as long as there were no changes to the basic issues surrounding the original Special Exception application except for delays resulting from state procedures.
Home Buisiness:
Billy Gage – Glory of the Garden
Based on the application as presented and there being no changes, Mr. Riehl made a
motion to approve the renewal. Ms. Rochford seconded and it was unanimously approved.
Christina Brown (continued from October) – Preparation of Food. The applicant still has not responded to requests from the board for additional information.
Ms. Rochford made a motion to continue the hearing for one more month and have Shirley send a certified letter explaining if there is no response the application will be denied and forwarded to the Selectmen.
Steven Rothwell- Custom Design, 3 Scottsdale Road, Map 3, Lot 56.
Based on the application as presented the Board agreed this business was exempt.
Public Hearing – 8:00 P.M.
Dennis Edmondson/Edmondson Family Rev. Tr. Request for Special Exception as specified in the Zoning Ordinance Article IV, Section 460 to allow an Accessory Living Unit for James & Katie Lessard at 21 Stonewall Terrace, Map 17, Lot 30-22, RR3 Zone
Abutters list was read with the following present: Dennis Edmonson
Mr. Edmonson explained that he wanted an in-law living space in the house that he was building, replacing the home destroyed by a fire. This would be for his daughter and her husband. He already had an accessory apartment and thought it should be grandfathered. The Board explained that the new in-law unit had to be approved because it is new construction and the Accessory Living Unit criteria and conditions had to be met.
The Board reviewed the plan and agreed that all of the conditions were met. Mr. Friel asked Mr. Edmonson if he had a state approved septic plan in case of failure. Mr. Edmonson did not but said that a perc test had been conducted and Mr. Lavalle was working on a contingency plan. The Board agreed this could be a condition of the approval and that an Occupancy Certificate would not be issued until the State approved plan was submitted.
Ms. Rochford made a motion to approve the request based on all of the conditions having been met and that a final Occupancy would not be issued until a State approved contingency septic plan had been submitted. Ms. Osborn seconded the motion and it was unanimously approved.
The Board then held a 45-minute workshop session to review the draft provided by Bill Friel outlining required and desired elements that should accompany applications to the Board in order to receive quick and efficient action. Suggestions and refinements to the document were discussed and noted by Mr. Friel, who will draft a new version for final review and adoption by the Board.
Next Zoning Board of Adjustment Hearing scheduled for December 2007
Motion to adjourn was made and seconded. Mr. Friel adjourned the public hearing at 8:15 P.M.
Minutes transcribed from tape. Respectfully submitted
Rebecca Russo
Approved_____________________