ATKINSON ZONING BOARD OF ADJUSTMENT
21 Academy Avenue
Atkinson, New Hampshire 03811
Public Hearing Meeting Town Hall
Wednesday, December 10, 2003
Present: Frank Polito, Chairman; Betty Anne McGrath, Sandy Carter; Peter Lewis; William Friel
Alternate: Merle Ashford, John Henrickson
Mr. Polito called the meeting to order at 7:30 P.M.
Correspondence
Incoming
Home Business Application from James Schultz for 1 Chandler Drive, Map 21, Lot 1-1A.
Planning Board Legal Notice for meeting 12/18/03.
ZBA Budget printout dated 12/1/03.
Sumner Kalman dated 11/24/03 re: Currier v. Town of Atkinson re: Plans and request for house placement on lot.
Attorney Kelly Wieser for Omnipoint Holdings and Signal Tower re: Request for hearing continuance to January ZBA meeting.
Outgoing
Tracy Morgan-Arnfield dated 11/17/03 re: SE-Accessory Living Unit approval at 53 Westside Drive.
Dube Construction dated 11/18/03 re: Richard Ray Variance approval for 58 Summit Drive.
SFC Engineering for Jeric Realty Trust dated 11/17/03 re: Brookstone Park Child Care Center extension of approval on Rte 111.
John Sinclair letter dated 11/17/03 re: Home business renewal approval for 42 Salem Road.
Approval of Minutes November 12, 2003
Board reviewed the minutes, no corrections were made:
Mr. Carter made a motion to approve the minutes of November 12, 2003. Mr. Friel seconded the motion and they were approved (Mr. Henrickson abstained).
Omnipoint Holdings, Inc request for 2nd continuance to January 14, 2004 meeting
Mr. Carter stepped down from the Board, as he is an abutter. Mr. Politio read the letter dated December 9, 2003 requesting a second continuance from the October 8 public hearing. There was discussion concerning the impact on the applicant to not grant this request versus the impact on the abutters having to attend the November and December public hearings only to find the matter not
acted on. Mr. Polito said that it was his opinion that the harm to the abutters in granting a second continuance outweighed the harm to the applicant having to re-apply. Mr. Politio pointed out that the applicant has provided no substantial reason for a continuance nor any sign of progress toward moving forward on the matter.
Mrs. McGrath made a motion to deny, without prejudice, the applicant's request for a 2nd continuance to January 14th. Mr. Ashford seconded, there was no discussion and the motion passed 4 to 1, Mr. Henrickson did not vote.
Home Business Permits:
Shultz Development. 1 Chandler Drive, Map 21, Lot 1-1A
Mr. Polito read the application.
Mrs. McGrath made a motion that this application is exempt based on the information presented. Mr. Carter seconded the motion and it was approved unanimously. (Mr. Henrickson did not vote.)
Sherman Lumber Co. 23 Main Street, Map 5, Lot 9
Mr. Polito read the application.
There was discussion among the Board members about the status of the property (Map 5 Lot 9). It was the Boards understanding that this building is in a commercial zone and that Mr. Sherman is not the owner or occupant of the building. The Board decided not to take action on this application, as it believes that what the applicant is applying for, does not fall under the home business special exception ordinance. The board also believes that because this appears to be a commercial property, the proposed use may be allowed under existing zoning. The Board recommends that the applicant investigate this avenue with the code enforcement office.
Gyrhead & Sons Restoration Parts. 54 Main Street, Map 4, Lot 13
Mr. Polito read the application.
Mr. Henrickson made a motion that this application be approved based on the information presented, and approval is contingent on the applicant complying with section 450:1, section c., prior to establishing the home business and within 6 months of this approval or the approval shall expire. Mr. Lewis seconded the motion and it was approved unanimously. (Mr. Ashford did not vote.)
Paul Currier Sleepy Hollow Road, Map 3, Lot 80 Board to act on instructions of Rockingham Superior Court order, Docket #01-E-668, dated 10/30/03.
Mr. Polito read the 10/30/03 order from Judge McHugh. Mr., Currier and the purchaser of the property were present. Mr.Polito proposed two potential placements of the foundation footprint. The Board reviewed both and, after discussion, found that the best balance of protection of abutters and the wetland was achieved by placing the foundation 25 to the abutting property. The gentleman who is purchasing the property agreed with the placement and pointed out that the 24 foundation dimension was the "front" of the house.
Mr. Friel made a motion that in accordance with the October 30, 2003 order from Judge McHugh, Rockingham Superior Court, Docket No: 01-E-668, the ZBA has located the plaintiff's house on Map 3, Lot 80 as follows:
a. The Septic plan dated 6/29/2000 by James Lavelle has been marked up in red to show the exact location and position of the house and will be kept on file in the Atkinson Code enforcement office
b. The foundation setback is 25 feet from the Western lot line and 50 feet from the front lot line.
c. The house foundation footprint is 24 feet by 28 feet. Outside of that footprint is a small landing and stairs to the rear of the house and a 4-foot by 22 foot covered but open farmer's porch on the front of the house.
d. The exterior dimensions, foundation, and exterior elevations of the house are to be in accordance with plans submitted to the ZBA by the plaintiff on 12/05/03 and will be kept on file in the Atkinson Code enforcement office.
e. The 24-foot side of the foundation shall be sited approximately parallel to the street.
The following conditions are placed on the ZBA's approval of the location of the house:
During construction of the house, and while any disturbance of earth takes place within 50 feet of the wetlands boundary, the plaintiff shall establish silt and erosion control measures in keeping with commonly accepted construction practices.
The Plaintiff will locate the driveway to maximize the distance to the wetland and size it consistent with a two-bedroom 1344 square foot house.
Plans referred to in "d" from above show a 3rd bedroom, this approval is for a 2-bedroom house.
Mr. Carter seconded the motion, there was no further discussion, and the motion passed unanimously. (Mr. Henrickson did not vote.)
Mr. Polito made a motion to adjourn. Mr. Friel seconded the motion and it was approved unanimously.
Meeting was adjourned at 8:45 P.M.
Next scheduled Zoning Board of Adjustment meeting January 14, 2004
APPROVED_____________________ Respectfully submitted,
Frank Polito, Chairman