ATKINSON ZONING BOARD OF ADJUSTMENT
21 Academy Avenue
Atkinson, New Hampshire 03811
Public Hearing Meeting Town Hall
Wednesday, November 8, 2006
Present: Frank Polito, Chairman; Bill Friel, Vice-Chairman; Kate Rochford
Alternates: Samuel Zannini;
Mr. Polito called the meeting to order at 7:50 P.M.
Approval of Minutes – 10/11/06
The following corrections/additions were made:
Page 2, second paragraph, second sentence, after "plans", add "to".
Page 4, about half way down, change "waster" to "waste".
Page 5, three quarters of the way down, after "Mr. Dziechowski", add "Chairman of the Conservation Commission".
Page 6, number 3, change "desk" to "deck".
Motion to approve the minutes as amended was made by Mr. Friel, seconded by Ms. Rochford and approved.
Correspondence
Incoming
ZBA Budget printout dated 10/31/06.
Konstantin Goranov Home Business Application for ‘K.A. Business Solutions’, 36 Meditation Lane, Map 8, Lot 103.
Albena Milentcheva Home Business Application for ‘Salutaris, LLP’ 36 Meditation Lane, Map 8, Lot 103.
Two Businesses? The Board needs a more definitive explanation on the business. Is this a marketing business? What kind of medical testing is done on the premises?
Sumner Kalman dated 10/30/06 re: Zannini, Jr. v. Town of Atkinson, Rule 7 Notice of Mandatory Appeal.
Sumner Kalman dated 9/11/06 re: Zannini, Jr. v. Town of Atkinson, Motion to Dismiss Appeal
Outgoing
Mr. & Mrs. Blaine Austin dated 10/17/06 re: Approval of SE/Expand Non-conforming plus Conversion from Seasonal to Primary Residence on property at 18, 18A Stickney Road, Map 23, Lot 43.
Mr. David Holigan dated 10/17/06 re: Variance approval.
PUBLIC HEARING: 8:05 P.M.
Michael Saviano request for Special Exception as specified in the Zoning Ordinance, Article VII, Section 700:1 to allow expansion of the first and second floor on an existing dwelling on a non-conforming lot plus a Variance from Article IV, Section 410:8 to expand the first and second floor of an existing dwelling closer than the required 100’ to wetland on property located at 33 Boulder Cove Road, Map 20, Lot 12, RR3 Zone.
Abutters List was read with the following present:
Michael Saviano; Attorney Tom Morgan; Thomas Swantz;The Board reviewed the letter of June 2006 to see if all of the items requested were here tonight for review. Attorney Morgan presented a two-dimensional plan to the Board that depicted all of the setbacks and distances to the water. It outlined the dwelling and coded what was originally there and what was proposed to be constructed. After reviewing the plans presented, the Board agreed that items 3-8 had been addressed. The Board scheduled a site-walk at Mr. Saviano’s property for Saturday, November 11, 2006.
Mr. Saviano asked the Board to go through his application so that there were no surprises at the next hearing. He wanted to be able to address any issues that the Board had concerns with. The Board went through the application and agreed that they did not see anything in the application that needed to be addressed at this time.
Ms. Rochford made a motion to continue this to the next regularly scheduled hearing. Mr. Friel seconded the motion and it was unanimously approved.
PUBLIC HEARING – 8:45 P.M.
Attorney Bernard H. Campbell for Mary Ann Casey request for Special Exception Permit 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.
Mr. Zannini recused himself.
Abutters List was read with the following present: Maryann Casey, Attorney Campbell; Big Island Pond Association
Attorney Campbell stated the Caseys had received State approval for a 4 bedroom septic system. The Town’s Health Officer had also signed the approval. They presented two drawings, one showing the house in its original 5-bedroom configuration and the other showing the conversion to a 4-bedroom house. Mr. Jones confirmed that a closet had been removed and that one of the bedrooms was now a study. A Certificate of Use and Occupancy had been issued for the outbuilding that was converted from a cottage back to a workshop/utility building by removing the sink and shower and capping the plumbing lines.
Mr. Polito stated that originally he had a problem with the number of bedrooms in the dwelling, but the State had approved a 4-bedroom septic and it was also approved by the Town’s Health Officer. Mr. Friel agreed. Mr. Polito said it would be good if the Caseys could establish that the dwelling was indeed an approved 5 bedroom home. Ms. Rochford had a problem with the number of bedrooms because if this were new construction the State would have never approved a 4-bedroom use. The State does not differentiate between seasonal and year round. She believed the Town had a responsibility to protect the lake and indicated she would not be inclined to approve this number of bedrooms.
Attorney Campbell asked for a continuance to the next regularly scheduled hearing so that he could get a full Board to hear the request. Mr. Polito asked for any public input. Big Island Pond said they would hold off until the next hearing
Mr. Polito told Mrs. Casey it would be good if she could research the old tax cards and establish that this has been a 5-bedroom house.
Mr. Friel made a motion to continue to the next regularly scheduled hearing. Ms. Rochford seconded and it was approved.
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