Steven Allen from James Kirsch dated 12/13/2002 re: Building & Wetland Violations, 33 Sawyer Avenue.

Planning Board Legal Notice for meeting of 1/2/03.

Robert Williams, 45 Sawyer Avenue, Map 3, Lot 68 – Home Business Renewal Application dated 12/19/02.

Billie Gage, 5 Sunset Drive, Map 8, Lot 14 – Home Business Renewal Application dated 12/5/02.

Sumner Kalman to Superior Court dated 12/26/02 re: Saviano v. Town of Atkinson.

Planning Board minutes dated 12/18/02.

Outgoing

Jolanta Jasiak, 22 Wood Drive, Map 7, Lot 175, dated 12/11/02 re: Home Business Renewal notice.

Paul White, 13 Juniper Lane, Map 3, Lot 41 re: Home Business Renewal notice.

Robert Williams, 45 Sawyer Avenue, Map 3, Lot 68 re: Home Business Renewal notice.

Billie Gage, 5 Sunset Drive, Map 8, Lot 14 re: Home Business Renewal notice.

Fred Kulik, 22 Christine Drive, Map 7, Lot 158 re: Granted Home Business Exemption.

Thomas Tarr, 8 Dow Avenue, Map 8, Lot 124 re: Granted Home Business Exemption.

Gary Barnes dated 12/20/02 re: Wetland Buffer approval on 4 Whippoorwill, Map 12, Lot 47.

Zoning Board Legal Notice for meeting of 1/8/03.

Glory of the Garden. Mr. Polito read the application. Mr. Carter made a motion to approve the application based on the representation that there have been no changes. Mrs. McGrath seconded the motion and it was unanimously approved.

Coffee Brains. Mr. Polito read the application. Mr. Lewis made a motion to approve the application based on the representation that t here have been no changes. Mr. Carter seconded the motion and it was unanimously approved.

Review of Zoning Board Application w/disclaimer.

Mr. Polito read the proposed disclaimer. The Board was in favor of the language to be added.

Mr. Carter made a motion to accept the legal disclaimer as part of the new Application for Appeals, Mrs. McGrath seconded the motion and the new Application was unanimously approved.

PUBLIC HEARING: 8:00 PM (Continued from December 11):

Bruce Cambriello request for a Special Exception as specified in the Zoning Ordinance, Article VII, Section 700:2 to allow conversion of a seasonal dwelling to primary residence for property located at 25 Chase Island Road, Map 22, Lot 20, RR3 Zone.

Abutter’s list was read with the following present:

None

Mr. Polito read a letter from Mr. Chamberlain indicating that the system was approved in 1998. The Board discussed the fact that they had made it clear they wanted confirmation this was still in good working order because so much time has passed. The Board agreed they could approve this with a condition to get clarification from the Health Officer.

Alan Bureau request for a Special Exception as specified in the Zoning Ordinance Article IV, Section 460 to allow an Extended Family Accessory Living Unit to remain in the lower level of property located at 10 Highland Road, Map 3, Lot 62, TR2 Zone.

Abutter’s list was read with the following present:

Mr. and Mrs. Bureau

Mrs. Bureau explained that when they bought the house two years ago, the basement was partially finished. A flood destroyed the entire basement and Mr. Bureau refinished it without benefit of permits to include an accessory apartment for his mother-in-law. Per Mr. Jones, he and Mr. Kirsch did a preliminary inspection and it met the square footage requirements under zoning. There is an approved four-bedroom septic plan, which the Board reviewed. They never applied for any permits and are before the Board to seek a Special Exception.

This basement apartment does not change the outside appearance of the dwelling. The Board reviewed the conditions and they were all met.

Mr. Carter stated that the applicants are subject to a $10.00 a day fine from the day construction started without a permit. It is not without risk to decide to build things without the benefit of permits.

Steven Allen request for a Variance from Article IV, Section 410:8 of the Zoning Ordinance to allow a detached two car garage to remain 50’₊ from wetlands ( 50’ variance) as opposed the required 100’ on property located at 33 Sawyer Avenue, Map 3, Lot 120, TR2 Zone.

Abutter’s list was read with the following present:

Mr. and Mrs. Allen

Mr. Allen explained that he built the garage two years ago without applying for any permits. He is seeking a Variance to allow the garage to remain 50’ from wetlands. This is a 30’ x 30’ garage with two garage doors.

Mr. Polito read a letter from the Conservation Commission, which stated that while the Commission would not have recommend that a garage be constructed that close to wetlands, the wetlands are of lower value and not shown on any maps to be connected to any large wetlands complex. The Commission is not recommending the extreme measure of the structure removal. The Commission is concerned that this was constructed without benefit of local permits and hopes punitive action can be taken.

Scott stated if the Commission had an opportunity to look at this beforehand, it would have worked with the owners to try to re-site the garage for the least amount of impact.

They thought the garage could have been located closer to the house and further away from the wetlands. Other people have had to work with restrictions.

The Board reviewed the criterion:

Mr. Jones confirmed the garage was nice looking. The Board agreed this criterion was met.

The Board agreed this criterion was met

1. Mrs. McGrath stated that even re-siting this garage would have required a

Variance to some extent. There is no other reasonable site within the 100’

requirement. Mrs. Allen explained that this was the only appropriate site for

the garage because the septic system was located to the left of the house and

the rest of the land sloped down. This was the only level side. The Board

agreed 4 in favor of and one abstention.

2. Protection of the wetland is accomplished by the storage of materials inside.

The Board agreed there could be a condition of no storage of chemicals

outside in any wetland areas. The Board agreed unanimously that this

condition was met.

3. The Board discussed the private rights not creating a public nuisance and the

no harm, no foul standard. Mr. Carter stated this would have been a lot less

of a nuisance had the Board had the opportunity to review this before it was

built and perhaps mitigate the potential harming of wetlands. Mr. Henrickson

was concerned that the harm would be the precedence set by allowing this.

The Board agreed 3-2 that this was met.

The Board agreed by a vote of 4 to 1 that the loss to the individual would

outweigh the gain to the public.

The Board agreed unanimously that this was met.

Mr. Carter told the Allens that the Board would recommend to the Board of Selectmen, a fine be levied for the blatant disregard of the permit process. Mrs. McGrath stated that anyone should know that building a two-car garage would require some sort of permit. Mr. Allen admitted that he was wrong and had no problem paying a fine, if so imposed by the Board of Selectmen. There was discussion among the Board members about putting a condition on the approval regarding payment of any fines levied by the Board of Selectmen. Mr. Carter disagreed with this because of legal implications and thought it was best to just recommend punitive action to the Board of Selectmen. The Board agreed.

Kevin Camm, KLC Land Planning & Consulting for John Henry request for a Special Exception as specified in the Zoning Ordinance Article VII, Section 700:1(a) to permit the demolition and replacement of a dwelling on a nonconforming lot on property located at 41 Boulder Cove Road, Map 23, Lot 76, RR3 Zone.

Abutter’s list was read with the following present:

Kevin Camm, KLC Planning, John Henry, Justus Allen, Jr., and Big Island Pond Corp.

Mr. Camm explained that he wanted to demolish the existing dwelling and replace it with the proposed dwelling as shown on the plan submitted. He has an Occupancy permit and a Special Exception for a two bedroom single family year round dwelling.

The Board agreed that since the proposed new dwelling would encroach into the 50’ setback, this would fall under the Shoreline Protection Act and would require approval from the State. The Board agreed if any of the new addition was kept within the 50’ setback and the applicant could demonstrate that adding on would not make it any worse and could make a case for the five criteria, the Board could grant an exception. The Board cannot make a determination without the approval from the State. Mr. Polito told the applicant he would need State approval or would have to produce a plan that meets the Shoreline Protection Act.

Mr. Lewis made a motion to continue this hearing until the next regularly scheduled hearing. Mr. Carter seconded the motion and it was unanimously approved.

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