ATKINSON ZONING BOARD OF ADJUSTMENT

21 Academy Avenue

Atkinson, New Hampshire 03811

Public Hearing Meeting Town Hall

Wednesday, December 12, 2007

Present: Frank Polito, Chairman; William Friel, Vice-Chairman; Sandy Carter; Hank Riehl; Kate Rochford

Alternates: Samuel Zannini; Maggie Osborn

Chairman Polito called the meeting to order at 7:30 P.M.

Approval of Minutes 11/14/2007. Minutes were reviewed, Ms. Rochford made a motion to approve the minutes of November 14, 2007 as submitted, motion was seconded by Ms. Osborn and unanimously approved.

Correspondence:

Incoming

Sumner Kalman dated 11/28/07 re: SBA v. Atkinson re: Reply Memorandum to Objection to Motion to Dismiss.

Sumner Kalman dated 12/6/07 re: SMA v. Atkinson Objection to Motion for Summary Judgment and Cross Motion for Summary Judgment.

NH Dept. of Environmental Services dated 11/30/07 re: Mary Ann Casey, 36 Stickney Road, Map 23, Lot 32.

Outgoing

Stephen Rothwell, 3 Scottsdale Road dated 11/15/07 re: HB/Exempt approval.

Billie Gage, 5 Sunset Drive, Map 8, Lot 14 dated 11/15/07 re: Home Business renewal approval.

Christina Brown, 8 Devonshire Road, Map 14, Lot 90 dated 11/19/07 certified mailing re: Home Business Application. (Unclaimed Certified letter returned to the town 12/10/07. No further action will follow on this application.)

Dennis Edmondson, 21 Stonewall Terrace, Map 17, Lot 30-22 dated 11/20/07 re: SE/Accessory Living Unit approval.

Beaumont & Campbell/Mary Ann Casey dated 11/20/07 re: Date Extension for Special Exception.

Legal Notice for Public Hearing 12/12/07.

ZBA Budget printout dated 11/30/07.

Dorothy Menzie, 26 Merrill Drive, Map 8, Lot 22 dated 12/10/07 re: Home Business Renewal notice.

Discussion:

Mr. Polito explained that there was nothing in our ordinance that allowed the board to give an extension to a Special Exception. In this case the applicant was instructed to complete a new application but Mr. Polito suggested they entertain a motion to accept into the record all discussion and pertinent previously submitted information as well as the boards previous vote with any special conditions. The board would then review the new application to see if there had been any material changes and review the NH Dept. of Environmental Services letter dated 11/30/07 with its conditions.

He suggested that the board begin by reading the minutes from the approval hearing of January 10, 2007 which were included with the new application.

Public Hearing- 8:00 P.M.

Mary Ann Casey request for Renewal of previously approved Special Exception Permit (granted 1/10/07) as specified in Zoning Ordinance Article VII, Section 700:2 to permit a change in use from Seasonal to Primary Use dwelling located at 36 Stickney Road, Map 23, Lot 32, RR3 Zone.

Abutters present: Mary Ann Casey. Ms. Rochford noted that Island Pond Associates was not notified and should have been.

Mr. Polito read Attorney Campbell’s letter that accompanied the new application, which explained the reason that more time was needed, and justification for the request. The NH Dept. of Environmental Services Waiver Approval with conditions was also reviewed.

Mr. Friel made a motion to accept into the record and accept as previous findings, decision and all information that led to rendering the decision of January 10, 2007. The motion was seconded by Mr. Riehl and approved. Voting were Frank Polito; Bill Friel; Hank Riehl; Kate Rochford.

Discussion:

It was noted that the DES Waiver stipulated numerous conditions and referred to a number of plans that were not at hand. The board felt it would want to compare KLC’s original Site Plan against the updated Plan, dated 11/2007 submitted to the State. They would also like a copy of the Stormwater Control Plan and Freshwater Farms landscaping plan dated 10/22/07. They would like to compare the two KLC Site Plans and have the other two plans for the record.

Mr. Friel made a motion to Approve the Special Exception for conversion from Seasonal to Primary for property located at 36 Stickney Road, Map 23, Lot 32, RR3 Zone as granted this day December 12, 2007 for one year with the following conditions:

All conditions set out by the State in Shoreland Waiver #2007-01432 shall be met.

Applicant will provide a copy of the updated Site Plan from KLC Land Planning dated 11/2007 and Storm Water Control Plan dated 10/2007.

With the additional conditions that if KLC’s updated plan dated 11/2007 is materially different from the plan that the board used for the original 1/10/07 approval, the applicant will be required to come back before the board under a new application.

The motion was seconded by Mr. Riehl.

Discussion: Mr. Riehl questioned whether it was prudent to give the approval before the board actually compared the plans. Mr. Polito felt confident that he could do the review and believed that he would find the plans materially the same. Ms. Rochford noted that in here opinion the house was too big and she still had the same concerns as noted during the original application.

Ms. Casey explained that the footprint had been decreased and a patio was added. The house location was the same. She presented the board with her copy of the updated KLC Site Plan dated 11/07. The board retrieved the original 11/06 plan from the file and compared them. The following was noted: the footprint had been reduced to 48’x36’; plantings were show; 10’x40’ patio added and impervious surfaces clearly indicated. The board agreed there did not appear to be any material changes.

Mr. Friel made a motion to remove the following portion of his previous motion. ‘With the additional conditions that if KLC’s updated plan dated 11/2007 is materially different from the plan that the board used for the original 1/10/07 approval, the applicant will be required to come back before the board under a new application.’ Motion was approved 3 for, 1 opposed. Mr. Zannini, Ms. Osborn and Mr. Carter, who just joined the meeting, abstained.

Public Hearing-

William Norton for Paul Forkus, Jr. request for Special Exception Permit as specified in Zoning Ordinance Article IV, Section 460 to allow construction of a 22x24 addition to include an Accessory Living Unit (for Paul Forkus, Sr) to existing dwelling located at 108 Maple Avenue, Map 14, Lot 21, TR2 Zone.

Abutters present: None

Mr. William Norton represented the applicant Paul Forkus, Jr. He explained the proposal for a 22’x24’ 1 story Accessory Living Unit addition to the rear of the house/garage at 108 Maple Avenue with occupancy for Mr. Forkus father. An existing bedroom in the house would be converted to a shared living room and access to the unit would be through the main house. The board reviewed the Special Exception/Accessory Living Unit criteria and determined criteria (a) thru (e) were met but discussion followed regarding criteria (f) which addressed appearance.

The board reviewed the submitted drawings and felt that a clearer floor plan of the house and access into the unit was needed. Mr. Polito also requested an elevation plan. Board members asked about the stairs in the unit and were told they would lead to an unfinished basement with no access to the house basement area. The board discussed criteria (g) egress and explained to the applicant that an outside door to the deck with stairs would be allowed in the rear or side.

Mr. Polito reviewed criteria (h) & (j) which would be met. Criteria (j) was reviewed and the applicant explained that a contingency septic plan had been submitted to the town for a 2BR + 1BR Inlaw. Mr. Polito noted that confirmation of State Approval would be required.

Mr. Polito reminded Mr. Norton that a Deed Addendum would be required and reported that based on the submitted information his submission looked good.

The board would like a sketch of the old and new footprint of the building and include a detailed floor plan along with elevation plans and pictures to assure the board it did not have the appearance of a duplex.

Mr. Riel made a motion to continue the hearing to January 9, 2008. Motion was seconded by Mr. Carter. Motion was unanimously approved.

Mr. Polito closed the hearing.

Mr. Polito adjourned the meeting at

 

 

Minutes prepared from tape. Respectfully submitted,

 

Shirley Galvin

 

APPROVED____________________________