Present: Frank Polito, Chairman; Bill Friel, Vice-Chairman; Kate Rochford; Hank Riehl

Alternates: Samuel Zannini; Maggie Osborn

Delete Mr. Riehl from being present at the hearing.

Outgoing

PUBLIC HEARING: Continued from March 21, 2007 – 8:00 P.M.

Patrick Mallon request for a Special Exception as specified in the Zoning Ordinance, Article VII, 700:1, 700:2 to allow Conversion of a Seasonal Property to Primary residence and Expansion of a Non-Conforming property. Also request for a Variance from Article IV, Section 410:8 to permit expansion of the dwelling 50’ from wetlands (50’ variance) as opposed to the required 100’ on property located at 8 Valcat Lane, Map 22, Lot 47, RR3 Zone.

Abutters list was read with the following present: Elaine Vaillancourt; Big Island Pond Corp. Patrick Mallon/Malborn Realty Trust

Mrs. Osborn and Ms. Rochford stepped down.

Mr. Friel and Mr. Zannini explained that they went on the site walk to view the property. Mr. Friel took pictures on the site walk and the Board reviewed them to see how the property was situated and what was located around it. The site is a combination of three lots, and currently there is a house, a guest house and three sheds. The property was bought with all three lots in common ownership. The Mallon’s have a state approved septic plan. Mr. Polito asked what was going to happen to the guesthouse. Mr. Mallon explained that it is rundown, but used to be an old boathouse and is currently a screened in porch. Mr. Polito asked if he was planning on taking it down. Mr. Mallon said he was not and that it was historic. Mr. Polito asked if there was a letter from the Conservation Commission. Mr. Dzcheikowski said the Conservation Commission was not notified of this. Mr. Friel said there was someone from the Conservation Commission on the site walk. One of the members said she went on the site walk because she saw it on television and lived in the neighborhood. Mr. Mallon said he gave her a packet of information and was told there was a Conservation hearing that night in which it would be addressed. He thought they had reviewed it. Mr. Polito asked Mr. Mallon what he was proposing to put on the lot. The Board reviewed the plans with the proposed addition. Mr. Mallon explained that he wanted to put a three bedroom dwelling on the existing footprint (544 square feet), the enclosed porch (264 square feet) and the deck (312 square feet). He wanted to put a house that was approximately 30’ x 50’ with an attached 24’ x 30’ garage, which would be approximately 3000 square feet with an attached garage, but did not have architectural plans because he did not want to invest the money without guidance from the Board as to a building envelope. The current dwelling is between 808 – 864 square feet of living space. Mr. Mallon said if you included the deck and squared off the corner it would be about 1500 square feet. This proposal is for a two story dwelling. Mr. Polito said a conversion from seasonal to year round is needed. They are not getting closer to the wetland. Mr. Mallon said they are 50 feet away from the wetland. Mr. Riehl said if they were turning an existing deck into living space they needed a variance because they are expanding. Mr. Mallon said they would like to get the footprint approved and then possibly see what they could do. Maybe part of the existing deck could remain open, but he had not designed the plan and is looking for a box to work within. Mr. Polito said the Board needed to check Shoreline Protection. Mr. Polito believed the Mallons needed approval from the State under the Shoreline Protection Act. Mr. Dzcheikowski said that he called DES and was told that any expansion on an existing lot that was within 50’ of the shoreline, even if the expansion was going away from the shoreline, requires a waiver. Further, if it is a tear down and rebuild, it would require a redevelopment waiver. Mr. Dzcheikowski gave the Board an e-mail from the shoreline protection coordinator. Mr. Dzcheikowski did not believe this could be done without getting state approval. Mr. Dziechowski agreed this was a big lot, and that there was plenty of room to do something on this lot without being within the 100 foot setback. Mr. Mallon said he could not because his septic system is located further away from the water, otherwise he would have to put that closer to the water. Mr. Dziechowski said there are special systems that can be installed for situations like this. Mrs. Osborn (speaking from the audience) said she sold this land and she had been in the process of getting the state approved septic. She spoke with the wetlands coordinator and Colis Adams and was told as long as long as they were 50 feet away they met the shoreline protection act and did not need any waivers, except the sign off of the septic system and would require a variance from the Town. Mr. Polito said the Board would want a letter from Shoreline Protection. Mr. Dziechowski believed this was a lot of expansion and would recommend against a variance. Mr. Mallon said he pulled a lot of recent files and spent hours researching approvals by the Board. Mr. Polito said that did not mean the Board hadn’t made a mistake. Mr Mallon said a workshop that was 32’ x 30’ was permitted within the 50’, an approval for an expansion of a living room that was within the 50’ was granted, another seasonal home converted that was less than 50’ was approved and there are no state approvals. Mr. Polito asked if he had a concern about going to the state. Mr. Mallon said he did not, but they have already been before the Board three times and have already spoken to the state, who said they did not require anything. Mrs. Osborn said she did not require anything from the state with her home in the same area. Mr. Polito said it was because hers was a brand new piece of property. Mr. Polito said RSA 483-B:11 explains the Shoreline Protection Act. Mr. Mallon contends that by moving this structure back to be 50’ from the shoreline, which he is doing, he is now conforming. He said his engineer confirmed this. Mr. Polito still said the Board would need something from the State because the RSA seems to indicate this is necessary. Mr. Friel said he does not think the Board has what is necessary to make a decision. He does not know what he is supposed to be making a decision on. Mr. Friel said Mr. Mallon can do this or do that and the Board does not have plan against which to render a decision. Mr. Mallon said he was looking for an approval for a footprint to build in. Mr. Mallon claimed that the Board gave an approval on Boulder Lane for a 40’ by 49’ foundation to be constructed 50’ from the water. Mr. Friel said he could not base a decision on what was approved in the past and could only make a judgment on what was before them. He is not an expert on shoreline protection and he looks to the Conservation Commission for guidance in these matters. If Mr. Dziechowski said a waiver is required then he thinks the applicant needs to get something from the state either confirming or not. Mr. Mallon said that he would take an approval contingent upon that if the Board gave him an envelope to work within. Mr. Friel said the Board still would not know what the proposal is. Would there be a 10,000 square foot house or a 2,000 square foot house. Mr. Mallon said he was proposing a 3,000 square foot house. Mr. Friel said that based upon what is in the neighborhood and around the Mallon’s property; going from 800 square feet to 3000 square feet does not work for him. Mr. Polito thought that was very large especially compared to what is next door. Mr. Mallon claimed the house next door is approved for a 3 car garaged house with no specified square footage and is year round. The Mallons said this was an approval for Elaine Vaillancourt at Map 22, Parcel 46. Mr. Zannini thought the proposal was not out of character and that the current or future owners of the neighboring properties may be before the Board in the future to expand what is currently there. Mr. Polito said he would have to go back and read the minutes because he doesn’t ever remember approving just a footprint. Mr. Mallon said he was just trying to do his homework and was trying to provide the Board comparisons to what he wanted to do. Mr. Polito said the Board may have made mistakes in the past. Mr. Polito does not know what happened in the other case, but that proposal was 100 feet from the water. Mr. Mallon asked if there were a requirement to the size house that could be built. Mr. Polito said it was a judgment issue and the Board had to determine the intensity of use. Mr. Mallon said there was also an approval on Boulder Cove for a 40’ x 46’ foundation, 2640 square feet with two bedrooms, and 50 feet from the lake. Mr. Mallon said this proposal would only be an 11% use of the property where most of the other homes in the neighborhood cover 30 to 40 % of their lots. Mr. Polito wasn’t sure if the information he supplied regarding other house applied because each case stands on its own. Mrs. Mallon said it was to show that building envelopes had been approved and all they wanted was a "box" to work within, before they spent the money for designs. Mr. Polito said he would be looking for concessions. He questioned the status of the guesthouse and said that he may want it removed. Mr. Polito said it was a use near the water. The proposal will be a more intensive use than what is there now. Mr. Mallon said there are three sheds on the property and he would be willing to remove those, but the guesthouse will be used to enable them to sit by the water free of insects. Mr. Mallon said he is moving the dwelling from 35’ from the water to 50’, moving the septic system from 20’ to over 100’ away from the water and would be willing to take down the three sheds. Mr. Zannini thought the Board needed to take into consideration that the seasonal dwelling next door may someday be before the Board for a conversion and/or expansion. The Mallons said they are trying to improve the property and based on their assessment, utilize it. Mr. Polito said at the very least, they would like a proposal, even if it is a sketch drawn to scale showing what the proposal would look like. Mr. Riehl thought there might be state approval needed. Mr. Polito acknowledged there may "mcmansions" on the lake that probably should not be there. Mr. Polito said he thought a 2000 square foot 3 bedroom home with an attached garage was more reasonable, but also removing the guesthouse, that trade-offs are reasonable to discuss. Mr. Polito said it was not a screen house and he is sure that at some point someone probably lived there. Mr. Mallon said that it is historical and used to be a boat house and did not know if he wanted to lose that. Mr. Polito said an open deck could be something that was discussed. Mr. Polito said the spirit of the ordinance is to get the lot more conforming. Mr. Mallon claimed there were plenty of houses within stones throw from his that have been recently approved for structures and additions on lots that are a lot less than what he has. Mr. Polito said if he wanted a 3000 square foot house then the Board needed to see exactly what they were proposing and that if he thought he deserved a house that big then to give it his best argument. Mr. Mallon asked if he needed to have a full set of engineering plans. Mr. Polito said they could present a drawing of exactly what they are proposing and where they are proposing it. Distinguish between basement and all other floors and what is planned for the inside of the house, including dimensions of the garage. Mr. Polito said they should have a letter from the state telling them that based on their proposal there is or is not a state waiver required.

Mr. Polito said the applicant should speak to the Conservation Commission. Mrs. Osborn said this has been before the Board for three months and Conservation has never reached out. Mr. Polito said it was not their job. Mrs. Osborn claimed they were at the site walk. Mrs. Osborn wanted to state for the record, as an abutter that it is an inequitable trade to ask the applicant to remove a grandfathered structure that the Board is referring to as something illegal. The structure has been on the lake for over 80 years and predates any zoning. The applicant is putting in a brand new septic system, removing sheds and moving the structure further back from the water. Mr. Polito said the RSA is to make the lot more conforming. Mrs. Osborn did not believe that included a separate structure. Mrs. Osborn said this is a valuable structure and goes toward the assessed value. Mr. Polito asked her if she could show anything in case law that would support a claim of assessed value in meeting the five criteria. Mr. Friel questioned the fact that it would be a grandfathered structure. Mrs. Osborn said it was 80 years old. Mr. Polito questioned when that structure was built, was there a building permit and was it legal. Mrs. Osborn said the Town did not maintain any records before 1986 and that an applicant could not be expected to produce records that the Town hasn’t even kept.

Ms. Rochford and Mrs. Osborn rejoined the Board. Mrs. Osborn will be voting

Ronald David request for Special Exception as specified in the Zoning Ordinance, Article IV, Section 450 to allow a Home Business "Rockingham Financial Services’ at property located at 73 East Road, Map 19, Lot 5, RR2 Zone.

Mr. David explained that the office was over the garage space. This was a mortgage business and he could have 1-2 customers a week or 1-2 customers per month, depending on how business was going at that particular time. There is parking for about 10 cars. Less than 15 percent of the dwelling is used for the business. His hours are exempt and one employee only works 20 hours per week.

Chinh Nguyen request for Variance from Article IV, Section 410.8 to permit construction of a residential building 72+- (28’ variance) from wetland as opposed to the required 100’ on property located at 5 Orchid Springs, Map 14, Lot 83-4, TR2 Zone.

Mr. Nguyen explained that he wanted to build a house on the lot of land. The Board reviewed the plan and asked Mr. Dziechowski for input. Mr. Dziechowski the Conservation Commission was not asked to take this matter. Mr. Polito said he knows the area pretty well since it is near his property and believes it is just a wet mushy area, but does not feed into a larger area of water. The Board agreed they wanted to have input from the Conservation Commission since there was no input from a soil scientist. The Board told Mr. Nguyen they would like to have this continued in order to get input from the Conservation Commission. Mr. Nguyen agreed.

Gerald Marquis request for a Special Exception as specified in the Zoning Ordinance, Article IV, Section 460 to allow construction of a 40’ x 18’ garage with an Accessory Living Unit over on existing property located at 8 Coventry Road, Map 14, Lot 84-3, RR2 Zone.

Mr. Marquis explained that he wanted to add a third garage and finish the space above the garages for an accessory unit. The Board reviewed the sketch submitted by Mr. Marquis. It was not drawn to scale, so they could not determine the actual square footage, although Mr. Marquis said it was just under 750 square feet. Mr. Friel said that based on the measurements depicted on the sketch, it looked to be over that amount. Mr. Marquis explained there are some spaces under eaves that will be dead spaces and were not counted in the overall equation. The Board agreed they could not make any determinations without a more accurate drawing that was to scale. They wanted to see some sketches that showed the elevations to determine if this was in keeping with the single-family appearance. Mr. Polito told Mr. Marquis that he would need something from the Health Officer regarding the current septic system. Mr. Polito said they might need to get a new septic plan approved in case of failure. There is an approved 4 bedroom septic system. Mr. Polito explained that an accessory unit counted as more than one bedroom. The Board asked Mr. Marquis to bring in pictures of the dwelling and existing garage so they could see the rooflines and what the overall appearance was.

Minutes transcribed from tape. Respectfully submitted,

Rebecca Russo