ATKINSON ZONING BOARD OF ADJUSTMENT
21 Academy Avenue
Atkinson, New Hampshire 03811
Public Hearing Meeting Town Hall
Wednesday, July 9, 2003
Present: Frank Polito, Chairman; Betty Anne McGrath, (7:40); Sandy Carter; Peter Lewis; William Friel (7:45)
Alternate: Merle Ashford
Mr. Polito called the meeting to order at 7:30 P.M.
Correspondence
Incoming
Sumner Kalman letter dated 6/16/03 re: Saviano v. Town of Atkinson conference scheduled for 8/11/03.
Home Business Application from Ubaldo Arguello/Julie Councilman, 35 Academy Avenue – Map 14, Lot 51.
Attorney Peter Solomon letter dated 6/25/03 re: Currier, Sleepy Hollow Road, Map 3, Lot 80 request for rehearing.
Home Business Application from Donald Naugler, 5 William Pond Road – Map 13, Lot 94-26.
ZBA Budget printout dated 6/30/03.
Paul and Carol Currier letter dated 6/29/03 re: Request to withdraw application submitted 6/16/03.
Home Business Application from Paul Bjork, 11 RockRidge Drive, Map 12, Lot 1-23A.
Currier v. Zoning Board of Adjustment dated 3/25/03 "Petitioner’s Requests for Findings of Fact".
Carole Hall, Conservation Commission dated 7/9/03 re: Kuldip Baines, Brushwood, Map 2 Lot 47.
Outgoing
Paul Currier dated 6/17/03 re: Wetland Variance Denial.
Mary Federico dated 6/12/03 re: Home Business approved as Exempt at 9 Eldon Way, Map 7, Lot 139-1A.
Shannon Goodsell dated 6/12/03 re: Home Business approval as Exempt at 14 Bittersweet Lane, Map 13, Lot 18-5.
Guy Raiti dated 6/12/03 re: Home Business approval as Exempt at 4 Woodside Way, Map 18, Lot 19.
Joseph Dellagrotte dated 6/12/03 re: Home Business approval as Exempt at 4 Lamplight Drive, Map 17, Lot 86-32.
Atkinson Zoning Board Legal Notice for meeting of 7/9/03.
REHEARING REQUEST: Attorney Peter Solomon for Paul Currier – Sleepy Hollow Road, Map 3, Lot 80.
The board discussed the size of the house proposed and added that they would like to have information presented as to how this house size compares with the sizes of other houses in the neighborhood should the applicant be granted a rehearing.
The rehearing request was reviewed and based on the information requested:
Mr. Polito made a motion and Sandy Carter moved to grant a rehearing for Paul Currier – Sleepy Hollow Road, Map 3, Lot 80 with a reminder that the petitioner is responsible for the cost of re-noticing abutters. Mrs. McGrath seconded the motion and it was unanimously approved.
Approval of Minutes – June 11, 2003
Board reviewed the minutes and the following corrections were made:
Last page, change ‘Minutes Transcribed form Tape’ to ‘Minutes Transcribed from Tape.
Mr. Friel made a motion to approve the minutes of June 11, 2003 as amended. Mr. Carter seconded the motion and they were approved. Mr. Polito abstained.
Home Business Renewals:
North of the Border Siding. Mr. Polito read the application.
Mr. Carter made a motion that this application is exempt based on the information presented. Mr. Friel seconded the motion and it was approved unanimously.
Paradime Associates. 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.
Advantage Elevator Consulting. 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.
The Public Hearing was opened at 8:01 P.M.
Peter Lewis stepped off the Board.
Mr. Ashford will vote.
Public Hearings:
1. Steven Lewis for Kuldip Baines request for Variance from Article IV, Section 410:8 of the Zoning Ordinance to permit construction of a dwelling 75’ from wetlands (25’ variance) as opposed to the required 100’ on property located at 14 Brushwood Drive, Map 2, Lot 47, RR2/Sports Complex Zone.
The abutter’s list was read with the following present: Steven Lewis
Steven Lewis reported that this is a large house with a unique shape of the buildable area. When the lot was approved it had a dredge and fill driveway. The two driveways on two lots were required to cross at the same point. Mr. Lewis did make some changes to the garage and deck and the only setback not met was the 100’ setback from the wetlands. The plans were reviewed.
Mr. Polito read the letter from the Conservation Commission, which stated that the commission unanimously recommended approval of this waiver for 75’ setback from wetlands with the 50’ no disturbance no cut area being included as a permanent restriction on a recorded deed. Mr. Lewis stated that this will be accomplished by an easement deed that will go on record. Mrs. McGrath stated that this no disturb/build restriction technically does not appear to be an easement, but rather a "deed restriction" but that the intent is the same- that is, a recorded notice of the restriction. Discussion followed on the small amount of lawn area on a section of the property and Mr. Lewis explained that the applicant is satisfied with this. This plan will be reviewed by the state because the septic design is on the same plan. During construction, a silt fence is needed and the builder will follow accepted environmental site protection practices.
The Board reviewed the criterion:
1. The Board agreed this criterion was met.
2. Mr. Lewis assured the Board that this was not going to have an in-law apartment. The Board agreed this criterion was met.
3. Note ‘The more accurately defined buildable area’. The Board agreed this
criterion was met.
a. Mrs. McGrath noted that you couldn’t build a house similar to the size of the other houses with a 20’ wide buildable space. The Board agreed this criterion was met.
b. Mr. Lewis was not sure how to answer this. Mrs. McGrath stated that the reason is adequate protection of the environment. The Board agreed this criterion was met.
c. The Board agreed this criterion was met.
4. The Board agreed this criterion was met.
5. The Board agreed this criterion was met.
Mr. Carter made a motion to grant the application of Steven Lewis for Kuldip Baines for Variance from Article IV, Section 410:8 of the Zoning Ordinance to permit construction of a dwelling 75’ from wetlands (25’ variance) as opposed to the required 100’ on property located at 14 Brushwood Drive, Map 2, Lot 47, RR2/Sports Complex Zone based on the fact that the protective do not disturb area, as shown on the submitted plan, shall be adequately recorded in the Rockingham Registry of Deeds as a restriction and that the usual environmental requirements for control of silt be applied during construction. Mrs. McGrath seconded the motion and it was unanimously approved.
The hearing was closed at 8:26 P.M.
Peter Lewis returned to the Board and will vote.
The next hearing was opened at 8:30 P.M.
3. Dennis and Elizabeth Parrish request for a Special Exception Permit as specified in the Zoning Ordinance, Article IV, Section 460 to permit an Extended Family Accessory Living Unit on the existing single family located at 11 Village Drive, Map 17, Lot 86-40, RR2 Zone.
The abutter’s list was read with the following present: Dennis & Elizabeth Parrish.
Mr. Polito asked if there is anything in zoning that precludes accessory family units from being in a cluster. Mr. Carter read Z17-Accessory Living – Section 460:1
The Board reviewed the criterion:
a. The Board agreed the criterion was met.
b. The Board reminded the applicant that a deed restriction is needed. The Board agreed the criterion was met.
c. The Board agreed the criterion was met.
d. The Board agreed the criterion was met.
e. The Board reviewed the plan. The door will be in the rear. The garage is on the side with windows that resemble a family room. The Board agreed the criterion was met.
f. One of the existing windows in the living room will be converted to a door. The Board agreed the criterion was met.
g. The Board agreed the criterion was met.
h. The Board agreed the criterion was met.
i. The septic system is currently approved for 4 bedrooms and they have 3 bedrooms. A drawing is attached to the plan. The Board agreed the criterion was met.
j. The name of the resident is Halina Andrzejewski. In the event the specific family members vacate said unit, the Special Exception shall expire and any new occupancy shall require a new special permit exception. The Board agreed the criterion was met.
Mr. Carter made a motion to approve the request for Special Exception for an Extended Family Accessory Living Unit for Dennis and Elizabeth Parrish, 11 Village Drive based on the fact that requirements of 460:1 a through k have been found to be met or called to the attention of the applicants for future compliance. Construction to begin within one year of approval or the Special Exception will expire. Mr. Friel seconded the motion and it was unanimously approved.
The applicant was told of the abutter appeal period.
The hearing was closed at 8:40 P.M.
Mr. Polito made a motion to adjourn. Mr. Friel seconded the motion and it was approved unanimously.
Meeting was adjourned at 8:43 P.M.
Next scheduled Zoning Board of Adjustment meeting – August 13, 2003
Minutes transcribed from Tape Respectfully submitted
Carol Kater ____________________