ATKINSON ZONING BOARD OF ADJUSTMENT
21 Academy Avenue
Atkinson, New Hampshire 03811
Public Hearing Meeting Town Hall
Wednesday, April 9, 2008
Present: William Friel, Vice-Chairman; Catherine Rochford; Hank Riehl
Alternates: Samuel Zannini; Maggie Osborn (recused)
Mr. Friel called the meeting to order at 7:40 P.M.
Approval of Minutes 1/08.
Motion to approve the minutes as submitted was made by Ms. Rochford, seconded by Mr. Zannini and unanimously approved.
Approval of Minutes 3/08.
Motion to approve the minutes as submitted was made by Mr. Riehl, seconded by Mr. Zannini and unanimously approved.
Correspondence:
Incoming
ZBA Home Business Renewal Application from Jeanne Blair, 26 Merrill Drive, Map 7, Lot 199-21. The Board reviewed the application and based on the application as presented with no changes, Mr. Riehl made a motion to approve the renewal, Ms. Rochford seconded the motion and it was approved.
ZBA Budget Printout dated 3/31/08.
Planning Board Legal Notice for meeting of 4/16/08.
State of NH, Dept. of Motor Vehicle Land Use Conformance application for K&K Specialty Motorsports, 6 Industrial Way, Map 16, Lot 53, CI Zone. The Board reviewed the application. Mr. Riehl made a motion to approve the request, Ms. Rochford seconded the motion and it was approved.
Outgoing
Mary Gullo, 15 Hawthorne Drive, Map 7, Lot 42-1, Home Business Renewal Approval dated 3/13/08.
John Sinclair, 42 Salem Road, Map 2, Lot 3, Home Business Renewal Approval dated 3/14/08.
Jolanta Jasiak, 22 Wood Drive , Map 7, Lot 175, Notice for Home Business Renewal dated 3/20/08.
ZBA Legal Notice for Public Hearing of 4/9/08.
PUBLIC HEARING: Continued from 3/12/08 – 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: Terri Trudell from SEC Associates; Dr. Perreault
Mr. Trudell explained that Atkinson Health Officer, Mike Dorman had approved the septic design plan and it had been submitted to the State of NH DES for approval. The Board was given drawings of the existing dwelling’s interior and the proposed changes. They are proposing to change the residential house to solely commercial use. The back building is to be upgraded and used as commercial space. Some of the changes on the preliminary site plan include additional parking spaces. There is an existing well on the abutter’s property. They are proposing to tie into a utility water company, which runs down Robey Lane. The existing well would probably just be used for landscape watering.
The Board spent some time trying to determine why there was a Special Exception needed and it was determined that the structure was already non conforming because it did not meet the 75 foot residential buffer setback requirements and therefore did need a Special Exception.
The applicant presented his criteria for a Special Exception.
Mr. Perreault said there was already a second floor that was really not visible. It just looked like a barn. They are trying to make it a true second floor, which will have a roofline to match the existing residence. The Board reviewed the interior plans and the exterior where the porch is currently located. The second floor will be used for a private office and staff lounge. The additional new office space would be used by an attorney, accountant or some other low impact use. Mr. Riehl struggled with this because he wanted to know if the addition could go more in the back. Mr. Perreault said he would not want to destroy the view of the orchards and the fields back there. The view was important and the addition was not substantially changing the footprint. He had met with several neighbors on Robey Lane and had asked for their input. He agreed to landscape the residential side with materials requested by the neighbors. The goad was to not put a driveway into the back, which would be paved. There is also a neighbor in the back. Mr. Perreault did not believe it would make sense to disturb virgin land. The Main street side of the building would be unchanged. Mr. Trudell said that they did look at other options, but it would have impacted other areas and this was the best option. Mr. Friel said his concern was adding square footage. Mr. Perreault said he was not actually adding much more square footage and that he had already been approved for a special exception in 2001, which would have given him more. Other Board members agreed that this was essentially the same footprint and did not have a problem with the proposal. There was a consensus of the Board that this was met, with Mr. Riehl abstaining.
The Board agreed this was met, based on the application as presented.
The Board agreed this was met, based on the application as presented, with Mr. Riehl abstaining.
Mr. Perreault said there will actually be less water used because of the type of system they use for the dental practice. The Board agreed that the septic design had been approved by the Town’s Health Officer and had been submitted to the State. The Board agreed this criterion was met, with the approval being contingent upon getting the State approval.
Mr. Riehl mad a motion to approve the request for a special exception, as stated above, having met all of the conditions necessary to grant. This motion is contingent upon the State approval of the septic system. Mr. Zannini seconded the motion and it was approved.
The applicant presented his criterion for a Variance.
The Board determined this was a 6 foot variance, because the center line of the roadway was the reference line. The footprint of the building is the same. They are going up in height. The Board agreed that based on the application as presented, this criterion was met.
The Board agreed that based on the application as presented, this criterion was met.
The Board agreed that based on the application as presented, this criterion was met.
The Board agreed that based on the application as presented, this criterion was met.
The Board agreed that based on the application as presented, this criterion was met.
Mr. Riehl made a motion to approve the request for a Variance as requested, based on all of the criterion having been met, in accordance with the drawings that were submitted and contingent upon the residential use being abandoned/forfeited and the property becoming a strictly commercial use. The proposal will have to meet all building codes. Mr. Zannini seconded the motion and it was unanimously approved.
PUBLIC HEARING: Continued from 3/12/08 – 9:00 P.M.
Kevin Camm, KLC Land Planning for William Grimes request for two Variance 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 & septic on a 1.7Acre lot. Property located at 2 Lisheen Drive, Map 15, Lot 5, TR2 Zone.
Mr. Friel explained that Mr. Camm requested an extension to next month due to the weather conditions on the lot and not being able to obtain the necessary information required.
Ms. Rochford made a motion to continue to the next regularly scheduled hearing, without prejudice. Mr. Zannini seconded the motion and it was unanimously approved.
PUBLIC HEARING: 9:05 P.M.
Dube Plus Construction for Kenneth and Noreen Mercier request for Special Exception –Expand a Non-Conforming as specified in the Zoning Ordinance, Article VII, Section 700 to remodel 2nd floor attic on property located at 24 Hemlock Shore Drive, Map 22, Lot 66, RR3 Zone.
Ms. Rochford recused herself. Abutters List was read with the following present: Big Island Pond Association; Hemlock Heights; Noreen Mercier; Dube Construction
Dube Construction presented the Board with a plan of the proposed dwelling. They did not have a septic plan. Mr. Friel said he would have a hard time moving forward with this application without a septic plan as per Zoning Article VII, Section 700:1e(4) because they do not know what is exiting out there. Mr. Friel explained that in order to meet the criterion of a special exception the applicant would have to meet the requirements of WS300. The applicant asked if any time you asked for a special exception, even though the footprint was not changing, did you need to comply with this. Mr. Friel explained that he would need to have a septic plan drawn up, approved by the Town Health Officer and then approved by the State of NH DES.
Dube Construction thought this was not necessary if you were not expanding the bedrooms. Dube construction asked what would be acceptable to the Board, to move forward with an application, if the applicant was not adding any bedrooms and they could prove there was a system there that was functional. Mr. Friel reiterated the Board would require a State approved septic system plan, in case the existing system failed.
Mr. Dziechowski asked about the screened porch. Dube Construction said it was not protruding any further than it was currently. Mr. Dziechowski confirmed that the State does allow screened porches with roofs. Based on what he saw, the plan looks fine. Big Island Pond Association was concerned with runoff because it is a very steep slope and would like to have that addressed. Dube construction said the only additional roof surface would be over the screened porch and just questioned, in the scope of learning this process, the need for anything additional. Mr. Friel said that any time an applicant makes changes; it is prudent of the Board to require things to improve the protection of the lake. Dube Construction agreed and thought the applicant would be amenable to these requests. Dube construction asked about putting a deed restriction regarding the amount of bedrooms, instead of the requirement of the State approved septic plan. The Board told him that he would still need an approved plan.
Mr. Zannini made a motion to continue to the next regularly scheduled hearing. Mr. Riehl seconded the motion and it was unanimously approved.
Next Zoning Board of Adjustment Hearing scheduled for May 2008
Motion to adjourn was made and seconded. Mr. Polito adjourned the hearing at 9:30 P.M.
Minutes transcribed from tape. Respectfully submitted
Rebecca Russo
APPROVED___5-14-2008 with the following corrections/amendments:
Change "Mr." Perreault to "Dr." Perreault
Page 2, 3rd paragraph, half way through, change "goad" to "goal".
Page 3, first motion, change "mad" to "made".
Page 4, first paragraph, 3rd sentence, change "exiting" to "existing".
Page 4, bottom of page, after May, add "14th".
Page 4, Motion to adjourn, change "Polito" to "Friel".