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Attorney Campbell to Sumner Kalman dated 5/19/05 re: Casey – request for Waiver, 36 Stickney Road.

Sumner Kalman dated 5/23/05 re: Casey – request for Waiver, 36 Stickney Road.

Zoning Board budget printout dated 5/27/05.

Memo from Walter Budzyna dated 5/10/05 re: Osborn property, Map 22, Lot 57.

James Miller, 79 Maple Avenue, Map 14, Lot 12, Application for Home Business Renewal.

Copy of letter dated 6/6/05 from Sumner Kalman to Town Administrator re: 36 Stickney Road – Mary Ann Casey.

Conservation Commission letter dated 6/6/05 re: Merritt request for Variance, 6 Bittersweet Lane.

Conservation Commission letter dated 6/6/05 re: Agenda hearings of 6/8/05: Hodgson; Gagnon; Saviano; Merritt; Atkins.

Outgoing

Thomas Hodgson, Livingstone Development Corp. request for Variance from Article IV, Section 410:8 of the Zoning Ordinance to permit construction of a dwelling 57’ (43’ variance) from Wetland as opposed to the required 100’ on property located at 8 Coventry Road, Map 14, Lot 84-3, TR2 Zone.

Gilles Gagnon request for Variance from Article IV, Section 410:8 of the Zoning Ordinance to permit construction of a Commercial Building 70’ (30’ variance) from wetland as opposed to the required 100’ on property located at 12 Industrial Way, Map 16, Lot 50, CI Zone.

There was no one present at the hearing for this application.

Mr. Friel explained the quorum rules. Since there are only three members present at the hearing the motion would have to be unanimous for an approval.

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: Mr. Saviano; Thomas and Amylee Schwandt; Big Island Pond Association

Mr. Saviano explained that he went through the State to get approval. He had received approval from the Planning Board in 1998, but never got approval for the scope of what he is doing now. Mr. Jones told him he needed to go through the DES and get approval, which approval was given in 2004. Mr. Saviano tried to show the Board what he was proposing, which was to add four feet to the back of the building (which already has a foundation), add a second story over the first floor (including the four feet) and add an 8’ x 10’ entrance on the back side of the building. The existing roof on the second floor will be coming off. The entrance is on the second floor, but is ground level with that side of the building. The house needs an entrance on that side because you presently have to come from the parking area and go down a flight and a half of stairs to get into the house. The basement and part of the first floor is below ground level on the backside of the house. Mr. Saviano said that DES came to the house and took pictures. Mr. Friel asked about the existing 8’x10’ section of the existing residence that is to be removed per the approval from DES. Mr. Saviano explained that it is an alcove and nothing will be constructed in its place. He is going to make a patio. This was part of an old addition. Mr. Friel had difficulty locating this on the plans submitted by Mr. Saviano. Mr. Friel asked what plans were submitted to DES on June 14, 2004, July 1, 2004 and July 21, 2004. Mr. Saviano said that the entire application to the State starts with the approval letter and includes page 20 through 27 from this application. Mr. Friel asked about the three sets of plans the approval letter references. Mr. Saviano said they had the whole application in the beginning, but left out the 8’x10’ addition in the approval. They amended the approval letter to include the 8’x10’ addition. Mr. Friel was still not sure what they had. Mr. Friel asked if the restrictive covenant had been recorded at the Registry of Deeds. Mr. Saviano stated it had not and that he was waiting for approval from the ZBA first. Mr. Friel asked Mr. Jones if everything proposed was an existing footprint. Mr. Jones agreed that it was. Mr. Saviano said there is also a request for a deck on the front of the building. Mr. Saviano said he had called the State to ask why they did not include the deck in the approval letter and was told that he was allowed under the Law to build the deck under State Law 483B:11. Mr. Jones agreed that this was the case.

Mr. Rockwell expressed his frustration over the lack of readable plans that one could reasonably understand. He concurred with Mr. Friel that these plans could not be followed and that he did not understand what it was that Mr. Saviano was attempting to do. Mr. Saviano attempted to have the Board understand what he was proposing by going through various pages of a packet that was submitted to DES for approval. All members of the Board were confused and could not understand what it was being asked to approve. Mr. Saviano apologized and contended the State was able to determine and approve his request.

Mr. Friel opened abutter comment. Mr. Dziechowski said the Conservation Commission did not have a chance to look at this in detail. He would like to do a site walk. Mr. Saviano said this package was brought to the Conservation Commission last July and that the Board voted unanimously to approve it. The minutes were not available for him to obtain. Mr. Friel said this was a whole new application. Mr. Saviano said it was the same application. Mr. Saviano said this application is a copy that the State sent to the Town and that the Selectman has. Mr. Friel said that he is just trying to tie everything together and understand what is being done. Mr. Dziechowski said he does not think the Conservation Commission will have a problem with what is being done except for the deck on the lakeside. Mr. Jones concurred that the applicant has the right to build the deck under state environment rules. Mr. Saviano claimed that even though this is a new application, it has all been before the board in the past.

Mr. Larochelle from the Big Island Pond Association believed that if the building was being expanded 4 feet, then it would disallow the deck encroaching upon the lake. Mr. Saviano claimed that is why he had to go to the DES and it was approved. Mr. Larochelle said the Association would not be in favor of the deck. Mr. Saviano asked if they were opposed to all decks. Mr. Saviano said that he spoke with Stacy Herbold of DES and that is the law. Mr. Schwandt wanted to ask about any open building permits that have not been inspected. Mr. Jones said there were. Mr. Jones said there was an open permit for the second floor and the 8’x10’ addition. Mr. Schwandt asked about the permit from 2004. Mr. Friel said a stop work order was issued and that is why they are here. Mr. Schwandt wanted to know how close to the lot line the patio will be. Mr. Jones explained that there are no setbacks for patios. Mr. Schwandt had a problem with the deck going toward the lake. He also questioned the four-foot expansion being part of something existing. He believed it was part of a retaining wall that had been recently worked on.

Mr. Friel suggested continuing the hearing so the Board could do a site walk. He explained he was having a difficult time understanding what it was that Mr. Saviano wanted to do. The plans were not clear and the approval from the DES referenced multiple plans submitted by Mr. Saviano, which plans were not before the Board tonight and the Board was not sure they had. The Board agreed. Mr. Saviano objected and demanded that his application be heard. He did not want to wait another month, feeling that the Board might find something else they wanted next month and that this would keep on being continued. Mr. Friel told Mr. Saviano that the Board did not have enough information to make a decision. Mr. Saviano did not agree and demanded to be heard. Mr. Friel said that was not possible and asked for a motion of continuance. Mr. Saviano objected for the record.

Mr. Friel made a motion to continue the hearing so the Board could have a site-walk on the property, speak with the DES to clarify what plans were submitted with the application and to give Mr. Saviano direction as to what type of plans the Board would need to see at the next meeting to better understand exactly what it was he was trying to do. Mr. Rockwell seconded the motions and it was unanimously approved.

Andrew Kerr & Renee Merritt request for Variance as specified in the Zoning Ordinance, Article IV, Section 410:8 to permit construction of a 12’x28’ deck 50.9’ and 52.8’ to wetland (variances of 49.1’ & 47.2’) as opposed to the required 100’ on property located at 6 Bittersweet Lane, Map 13, Lot 18-1, RR2 Zone.

Abutters list was read with the following present: Renee Merritt

Ms. Merritt explained that they bought the house approximately three months ago. There is an addition to the back of the house with a set of sliders that open to nothing. There is a safety concern as the doors are high off the ground. The previous owner had told her they received approval to construct a deck, but never did. The Board read the letter from Meridian Land Services. Mr. Dziechowski spoke on behalf of the Conservation Commission and said that the land is cleared all the way to the wetland. The Conservation Commission did not have a problem with it. The proposal does not impact the wetland.

The Board reviewed the criteria;

Based on the discussion, the Board agreed this criterion was met.

Based on the discussion, the Board agreed this criterion was met.

1.) Based on the discussion, the Board agreed this criterion was met.

2.) Based on the discussion, the Board agreed this criterion was met.

3.) Based on the discussion, the Board agreed this criterion was met.

Bruce Bishop, representing Thomas and Diana Atkins request for Special Exception to permit construction of a 45’+/- x 36’ sq. ft. Extended Family Accessory Living Unit Addition according to Zoning Ordinance, Article IV, Section 460 plus a Variance from Article IV, Section 410:8 to permit this construction 51’ from wetland (49’ variance) as opposed to the required 100’ on property located at 83 East Road, Map 19, Lot 10, RR2 Zone.

Abutters list was read with the following present: Bruce Bishop; Thomas and Diana Atkins; Richard Pinto; Michael Higgins

Mr. Bishop explained that they wanted to come off the left side of the house. The Board reviewed the plans. Mr. Friel reviewed the septic plan and the notes from Lavelle Associates. They are proposing to decrease the size of the leach field with a more efficient leach field. Mrs. Atkins said that Mr. Lavelle will be doing the plans, but they just wanted to see how far they got before spending more money. The Board reviewed the letter from Meridian Land Services.

Mr. Dziechowski said the Conservation Commission did not have a chance to fully review this application, but would want to do a site walk because the wetland is very valuable. They are sympathetic to the applicants, but some of the members have concerns because this is a variance to Saw Mill Pond Swamp, which is one of the most significant wetlands in Town.

Mr. Pinto was concerned about the wetlands that abut his property. There was a lot of filling done in the 70’s and this has caused problems on his lot. He has about two feet of standing water, which has gotten worse over the years. He wanted to see if the original wetlands could be delineated. Mr. Friel explained that the burden could not be put on the applicant, but there must be maps that the Town has. Mr. Dziechowski did not think the Towns maps went back that far, but the Rockingham County Commissioner’s Office may have them. Mr. Pinto does not have any objection to this proposal. Mr. Higgins was concerned about how this would affect the wetlands and if it would affect him.

Mr. Friel suggested that this be continued so that the Board could do a site-walk because of the value of the wetlands and that the Conservation Commission could also have an input. The applicant agreed.

Minutes transcribed from tape

Respectfully submitted __________________________

Rebecca Russo Approved