ATKINSON ZONING BOARD OF ADJUSTMENT
21 Academy Avenue
Atkinson, New Hampshire 03811
Public Hearing Meeting Town Hall
Wednesday, July 11, 2007
Present: Frank Polito, Chairman; Bill Friel, Vice-Chairman; Kate Rochford;
Alternates: Samuel Zannini
Mr. Polito called the meeting to order at 7:40 P.M.
Approval of Minutes 6/13/07
Page 1, change June 13th to July 11.
Page 2, change Meisner "Brim" to "Brem"
Mr. Zannini made a motion to approve the minutes as amended. Ms. Rochford seconded the motion and it was unanimously approved.
Correspondence:
Incoming
Letter to Kenneth Debrov from James Kirsch dated 6/14/07 re: Seasonal Cottage, 3 Valcat Lane, Map 22, Lot 48.
ZBA Budget printout dated 6/30/07.
Rockingham Planning Commission memo dated 6/28/07 re: Regional Planning Commission Services.
Joseph Deady, 14 Sunset Drive, Map 8, Lot 21 – Application for Home Business. The Board reviewed the application. Mr. Friel made a motion to accept the home business as exempt, based on the application as presented. Ms. Rochford seconded the motion and it was unanimously approved.
Outgoing
Dr. Joseph Guischard dated 6/14/07 re: Home Business Amendment approval, 6 Brushwood Drive, Map 2, Lot 12.
ZBA Legal Notice for hearing 7/11/07.
Notice of Decision letter for James & Melanie Scharn, re: Special Exception permit to increase square footage, 57 Main Street, Map 4, Lot 10-1.
Notice of Decision letter for Michael Saviano re: Wetland Variance approval on 33 Boulder Cove Road, Map 20, Lot 12.
Notice of Decision letter for Mariner Tower, LP. Re: Denial of application to collocate onto existing Wireless Communications Facility on Hog Hill, Map 18, Lot 4.
Lorraine Mullett Family Trust letter of approval dated 6/18/07 re: Frontage Variance, 12 Willow Vale, Map 14, Lot 3.
Patrick Mallon/Malborn Realty Trust letter of approval for Special Exception/Conversion and Wetland Variance for 8 Valcat Lane, Map 22, Lot 47.
Public Hearing – 8:00 P.M.
James & Jean Foley request for Special Exception Permit as specified in the Zoning Ordinance, Article IV, Section 460 to allow construction of a 24’x31’ addition for an Extended Family Accessory Living Unit on property located at 5 Chase Island Road, Map 22, Lot 12, RR3 Zone.
Abutters list was read with the following present: James and Jean Foley; Hemlock Heights Improvement; Todd Wallace from Dube Construction
Ms. Rochford recused herself.
Mr. Polito explained that because there were only three Board members, the vote would have to be unanimous. He informed the applicant they had a right to continue there hearing until next month. The applicant wished to proceed.
Mr. Dube presented the Board with plans and explained that the applicant wished to construct an addition that would include an accessory living unit. The Board reviewed all of the plans and determined it met all of the setback requirements. Mr. Dube read the application. Mr. Friel confirmed the accessory unit was less than 750 square feet per the plans.
Mr. Polito asked where the access was to the main house. Mr. Foley said it was the dining room. Mr. Polito said it was usually to the family room or kitchen, but they reviewed the ordinance and confirmed there was no requirement to have the access in any particular room. Mr. Polito’s only concern was the attached 3-season room. Mr. Foley said his mother currently had a 3-season room and really wanted one. Mr. Polito stated the Board had no discretion, as it either met the criteria, or did not. He explained to the Foleys that it could be a shared common area, but would have to have access from the main house as well. As it appeared on the plan, the only access was from the proposed accessory unit. Mr. Foley said they could make the 3-season room larger and would construct a door through the bathroom of the main house on the first floor to gain access. The Board was satisfied with that.
The Board reviewed the criteria.
condition
met
condition
condition
met
met
met
met
condition
condition. The Foleys presented a letter from Herbert Associates stating there was a perk test done and the septic was in good working order. Mr. Polito explained that a bathroom in an accessory unit counts as more than just one bathroom. A new septic does not need to be installed, but a State approved septic plan needs to be on file in case the existing one fails.
Condition
Mr. Friel made a motion to approve the request for an accessory unit based on the application submitted and drawings as modified, based on criteria B, E, F, G, H, having been met and conditioned upon A, C, D, I, J and K being met, with a specific condition for a State approved septic design. Mr. Zannini seconded the motion and it was unanimously approved.
Public Hearing – 8:30 P.M.
Richard Rooney request for Special Exception Permit as specified in the Zoning Ordinance, Article VII, Section 700:2 to allow a change in status for existing building from Seasonal Use to Primary, Year-Round on property located at 5 Stickney Road, Map 20, Lot 34, RR3 Zone.
Abutters list was read with the following present: Richard Rooney
Mr. Polito explained that a building permit was issued and the building was completed, but there was not an application before the Board to convert from seasonal to year round.
The Board reviewed the plans depicting what was originally on the lot and what has been constructed. They determined that all of the sideline and setback requirements per section 400:4 have been met. The state approved septic plan has already been installed. The Board reviewed the tax card which has already been updated to reflect the new dwelling
The Board reviewed the criteria of 700:2, a, b, and c, are met.
Mr. Friel made a motion to approve the conversion of a seasonal use to year round use based on the conditions being met. Ms. Rochford seconded the motion and it was unanimously approved.
Next Zoning Board of Adjustment Hearing scheduled for August 2007
Motion to adjourn was made and seconded. Mr. Polito adjourned the hearing at 8:40 P.M.
Minutes transcribed from tape. Respectfully submitted
Rebecca Russo
Approved__________________________