ATKINSON ZONING BOARD OF ADJUSTMENT
21 Academy Avenue
Atkinson, New Hampshire 03811
Public Hearing Meeting Town Hall
Wednesday, April 12, 2006
Present: Frank Polito, Chairman; Bill Friel, Vice Chairman; Catherine Rochford;
Mr. Friel called the meeting to order at 8:25 P.M.
Approval of Minutes dated March 8, 2006
The following amendments/corrections were made.
Page 1, correspondence, number 11, change "basedon" to "based on"".
Page 1, motion, after "bedroom home" add "and the Board concluded the well was adequate for 2 - 2 bedroom homes".
Page 2, first paragraph, after "this" add "under an appeal but the ZBA ruled in Mr. Trudels favor".
Page 3, criterion, number 2, change "She" to "Shea".
Mr. Friel made a motion to accept the minutes as amended. Ms. Rochford second and the minutes were approved.
Correspondence
Incoming
Sumner Kalman dated 3/13/06 re: Zannini v. Town of Atkinson.
Selectmen dated 3/20/06 re: Casey waiver from Board of Health.
Zoning Board Budget printout dated 3/31/06.
Sumner Kalman dated 4/7/06 re: Town of Atkinson v. Saviano.
State of NH, Superior Court dated 4/6/06 re: Order of Notice on Saviano vs. Town of Atkinson.
Outgoing
Henry Corey dated 3/9/06 re: Home Business approved as exempt.
Michael Chambers 3/21/06 re: Frontage Variance withdrawal acceptance.
Public Hearing -Continued from March 8, 2006.
Matthew Trudel, Lake Mary Development, LLC request for Variances from Article IV, Section 410:8 of the present Zoning Ordinance and Variance from Article VI, Section 600:11 of the 2001 Zoning Ordinance to permit construction of a single family residence 79.4 ft. from wetlands (20.6 ft. variance) as opposed to the required 100 and 20 into the 100 landscaped project buffer on property located at 13 Carriage Chase Lane, Map 9, Lot 62-10, TR2 Zone
The applicant informed Shirley Galvin that he no longer needed the Variances, as he was able to put the house in the proper location.
Mr. Friel made a motion to accept the withdrawal without prejudice. Ms. Rochford seconded and it was unanimously approved.
Public Hearing 8:45 P.M.
Todd Wallace for Paul Shea request for Variances from Article IV, Section 410:8 and Section 400:4 to allow construction of a 14x16 family room with 10x14 deck 11.7ft from sideline (variance of 3.3ft ) and 40 from wetlands (60 variance) as opposed to the required 100 on property located at 5 Valcat Lane, Map 22, Lot 49, RR3 Zone.
Abutters list was read with the following present: Paul Shea and Todd Wallace
Mr. Shea informed the Board that a new septic system had already been installed, per the State approved plans. The Board reviewed the plan of the interior dimensions provided by the applicant. The applicant indicated there are no new bedrooms and that the house will remain a two-bedroom home. The Board determined that the further increasing of the sideline setback would not be reasonable because the existing dwelling already jots out an equivalent distance. The topography of the lot is unique and the abutters will not be affected. The lot is much more environmentally friendly because the septic system is now located next to the road (back side of the house) instead of the lake.
The Board reviewed the Criterion (see application):
1.) The Board reviewed pictures of the abutting house because it was almost right on the property line. The Board agreed because of the topography of the lots this was not an issue. There was a consensus of the Board that this was met.
2.) The applicant replaced the septic system and this made the lot much better than it was. There was a consensus of the Board that this was met.
3.) 1.) This is an area variance. There is no impact to the public because of the non-conformance of the lot. There was a consensus of the Board that this was met.
2.) The lot is unique. If the addition was reduced it would be less than adequate and undesirable. The new septic is located further away from the lake. There was a consensus of the Board that this was met.
4.) The gain to the public was not greater. There was a consensus of the Board that this was met.
5.) The Shoreline Protection Act allows for non-enclosed decks close to the water. The septic system is next to the road instead of the lake. There was a consensus of the Board that this was met.
Motion to approve the construction of a 14x16 foot addition with a 10x14 deck as indicated on a plan submitted by the applicant, dated March 8, 2006 and initialed by Mr. Friel and seconded by Ms Rochford. The variance is for 3.3 feet to the west sideline and 60-feet to the wetland. This is conditioned upon the storm water runoff on the home being addressed per the discussions with Mr. Dziechowski .
Motion to adjourn was made and seconded. Mr. Polito adjourned the hearing at 9:10 P.M.
Minutes Transcribed from tape.
Respectfully submitted ________________________________
Rebecca Russo Approved