ATKINSON ZONING BOARD OF ADJUSTMENT

21 Academy Avenue

Atkinson, New Hampshire 03811

Public Hearing Meeting Town Hall

Wednesday, March 12, 2008

Present: William Friel, Vice-Chairman; Sandy Carter, Catherine Rochford;

Alternates: Samuel Zannini; Maggie Osborn

Mr. Friel called the meeting to order at 7:45P.M.

Correspondence:

Incoming

Sumner Kalman dated 1/15/08 re: SBA v. Atkinson ‘Objection to Defendant’s Cross Motion for Summary Judgment’.

ZBA Budget printout dated 1/31/08.

S.E.C. & Associates, Charlie Zilch dated 2/13/08 re: Perreault Appllication, request for continuance.

Mary Gullo, 15 Hawthorne Drive, Map 7, Lot 42-1- application for renewal of Home Business.

Home Business Renewal – Mary Gullo for Business Renewal, 15 Hawthorne Drive, map 7, Lot 42-1. The Board reviewed the application. Based on the application as presented, and no changes having been made, the Board voted unanimously to approve the request for renewal.

KLC Land Planning, Kevin Camm from M. Dorman dated 2/25/08 re: 2 Lisheen Drive, Map 15, Lot 5 notice of denial for Septic Plan.

John Sinclair, 42 Salem Road, Map 2, Lot 3 – application for renewal of Home Business.

Home Business Renewal – John Sinclair for Business Renewal, 42 Salem Road, map 27, Lot 3. The Board reviewed the application. Based on the application as presented, and no changes having been made, the Board voted unanimously to approve the request for renewal.

Outgoing

Dorothy Menzie dated 1/15/08 re: Home Business Renewal approval, 12 Sunset Drive, Map 8, Lot 22.

Paul Forkus dated 1/15/08 re: Special Exception/Accessory LU approval, 108 Maple Avenue, Map 14, Lot 21.

State of NH, Department of Safety dated 1/24/08 re: Wholesale Dealer (3 Garden Rd. not in Atkinson).

Legal Notice for 2/13/08 hearing.

Home Business renewal notice letter to Jeanne Blair, 26 Merrill Drive, Map 7, Lot 199-21.

Home Business renewal notice letter to Mary Gullo, 15 Hawthorne Drive, Map 7, Lot 42-1.

Home Business renewal notice letter to John Sinclair, 42 Salem Road, Map 2, Lot 3.

Legal Notice for 3/12/08 hearing.

Public Hearing – Continued from February 13, 2008 8:00 P.M.

S.E.C & Associates representing Dr. Robert Perreault for application requesting a Special Exception as specified in the Zoning Ordinance Article VII, Section 700:1 (a) (e) to allow expansion and height to an existing building and Variance from Article V, Section 530 (d) (3) building setback on property located at 12 Main Street, Map 5, Lot 45, C Zone.

Abutters list was read with the following present: Terry Trudeau, S.E.C. & Associates; Dr. Robert Perreault; Mr. Donald White; Mr. Jeffrey Haskel

Terry Trudeau, S.E.C. Associates, gave the Board a rendition of what the exterior of the building would look like. They are located on Main Street and Robey Lane . He explained that Dr. Perreault was before the Board in 1990 and asked to use the property as commercial and residential.. In 1991 acreage was added to the lot. In 2001 there was a special exception to expand the site. He added on the garage area, which was approved by the Planning Board. In December they went before the planning board and had discussions about this expansion. It was the opinion of Rockingham Planning that they needed to apply for a special exception because it was non-conforming. There is a 100 foot setback to the residential zone.

They have an existing dental office on the Robey Lane side and Dr. Perreault lives with his family in the historical brick house in front. They would like to move the dentistry space to the brick house, and extend the side addition upwards and add a second floor, to be used as office space to be leased out. This would no longer be used as a residence. Mr. Trudeau had pictures of all the existing buildings. He explained that Dr. Perreault wanted to match the roof lines of the proposed addition and make it look historical to match the front building. Mr. Friel asked if there were a depiction of the interior of the buildings. They did not have floor plans of the interior of the existing dwellings.

The Board agreed they needed floor plans showing the square footage of what existed and what was proposed. This is a large expansion and the Board agreed they needed to see how high the proposal would be as well as elevations of the proposal. Mr. Friel said the proposal made sense, but he was not comfortable without additional information. Mr. Carter agreed the before and after was very important and the Board could not address the issues without floor plans, elevations, square footage and heights of what is there now versus what is proposed. Ms. Rochford asked about the septic system and Mr. Friel asked if the existing septic were new. Dr. Perreault said it was not and that he was aware he had to have a plan. He asked if that were required before the next hearing. Mr. Friel said it would be conditioned upon that so they should start that process. Mr. Carter was not sure what the criterion was for this because this is a commercial property rather than a residential. The Board directed the applicant to contact the Health Officer to find out what was necessary regarding the septic to meet the regulation. Mr. Zannini asked about the well. The applicant is hoping to connect to Walnut Ridge Water.

Motion to approve the request to continue to the next regularly scheduled hearing was made by Mr. Carter and seconded by Mr. Zannini . The motion was unanimously approved.

Public Hearing –8:30 P.M.

Kevin Camm, KLC Land Planning for William Grimes request for two Variances from Article VII, Section 410:8 to permit construction of a dwelling 38’ (62’ variance) and septic 76’ (24’ variance) from wetlands and Variance to Article V, Section 510a to allow construction of a dwelling and septic on a 1.7 acre lot. Property located at 2 Lisheen Drive, Map 15, Lot 5, TR2 Zone.

Abutters list was read: Kevin Camm, KLC Land Planning

Mr. Camm explained that this parcel was part of the 7 1/2 percent grant required to be given to the town years ago. In 1977/1978, Mr. Grimes proposed this subdivision to the Town, which required one acre lots at the time. Zoning requirements changed to require 2 acre lots with 200 feet of frontage. This parcel was deeded back to Grimes after the Court overruled the 7 ½ percent grant and Grimes has been paying taxes on it, and is classified by the Town on the Tax Card as a buildable lot. Mr. Camm had Gove Engineering delineate the Wetland boundary , which is shown by the pink line on the map. Mr. Camm explained that the septic plan is a State approvable plan. Mr. Friel asked if the plan had been submitted to the State for approval. Mr. Camm said he had not submitted yet and wanted to come before the Board first. He has been before the Board before on these types of request and approvals are contingent upon getting the State approved Septic Plan. He did not have a problem sending it off to the State and is confident that it would be approved.

The Board reviewed the proposed septic plan. Mr. Carter asked Mr. Camm if he had been before the Conservation Commission for their input. Mr. Camm stated that he did go before the Conservation Commission and they disagreed with the pink line depicting the edge of wetlands and thought the entire parcel was wetlands. They were not in favor of recommending the proposal at this time, but said they would review it if more detail was provided and would be happy to conduct a site walk. Mr. Camm said he was with Jim Gove when he delineated the wetland. Mr. Carter asked if the entire parcel was done and Mr. Camm said it was not. There are uplands on the lot but there is no other place to locate a dwelling. Mr. Dziechowski said there was only a little triangle on the property that did not look like wetlands. He does not know where you would put a house. He was of the opinion that you would have a hard time putting a house or a septic system on the lot. He does not believe the plan before them meets the standard of information required to approve something like this. He believed the Board should take a site walk and that a high intensity soil survey should be conducted. Mr. Carter said he knows that there is an expense involved in this, but he has serious concerns about a proposal like this without more information. The Board agreed. Mr. Camm asked if there were any additional information the Board would like to see at the next hearing. Mr. Carter said anything that would put weight on the scale to his side of the issue would be to his advantage. The Board agreed they could not move forward without the additional information. The Board also agreed that it might not be possible to get this work done with the snow on the ground and told the applicant they could continue another month if the extra time was needed.

Motion to approve the request to continue to the next regularly scheduled hearing was made by Mr. Carter and seconded by Ms. Rochford . The motion was unanimously approved.

Next Zoning Board of Adjustment Hearing scheduled for April 9, 2008

Workshop – The Board held a workshop discussion to review the new Zoning Board Checklist to assist applicants.

Motion to adjourn was made and seconded. Mr. Polito adjourned the hearing at 9:00 P.M.

 

 

Minutes transcribed from tape. Respectfully submitted

Rebecca Russo