ATKINSON ZONING BOARD OF ADJUSTMENT
21 Academy Avenue
Atkinson, New Hampshire 03811
Public Hearing Meeting Town Hall
Wednesday, August 8, 2007
Present: Frank Polito, Chairman; Sandy Carter; Kate Rochford; Hank Riehl
Alternates: Samuel Zannini; Maggie Osborn
Mr. Polito called the meeting to order at 7:45 P.M.
Approval of Minutes 7/7/07
Ms. Rochford made a motion to approve the minutes. Mr. Riehl seconded the motion and it was unanimously approved.
Correspondence:
Incoming
Planning Board Minutes dated 7/18/07
Martin, Lord & Osman, P.A. dated 7/19/07 re: NH Land Use Law Third Edition – 2007.
Sumner Kalman dated 7/24/07 re: Zannini vs. Town of Atkinson.
Zoning Board Budget printout dated 7/31/07.
Home Business Application – Ronald MacDonald, Jr. 21 Meditation Lane, Map 8, Lot 114.
The Board reviewed the application and thought it was exempt, except that Mr. Polito wanted clarification on the 5 ton truck that was listed.
Memo from town Administrator dated 7/31/07 re: Building Use and Safety.
Home Business Application – Christina Brown, 8 Devonshire Road, Map 14, lot 90.
The Board reviewed the application and noted there were no changes. Mr. Carter made a motion to approve the renewal, Mrs. Osborn seconded and it was unanimously approved.
Home Business Renewal application – Robert Williams, 45 Sawyer Avenue, Map 3, Lot 68.
Outgoing
Joseph Deady dated 7/13/07 re: Home Business Exempt approval, 14 Sunset Drive, Map 8, Lot 21.
Richard Rooney dated 7/16/07 re: SE/Conversion approval, 5 Stickney Road, Map 20, Lot 34.
Mr. & Mrs. James Foley dated 7/16/07 re: SE/Accessory LU approval, 5 Chase Island Road, Map 22, Lot 12.
Mr. Robert Williams dated 7/23/07 re: Notice of Renewal of Home Business.
Public Hearing – 8:00 P.M.
Blake & Donna Baker request for Special Exception as specified in the Zoning Ordinance Article VII, Section 700:2 to allow conversion from Seasonal to year-round/primary use for rebuild of dwelling on existing footprint and Variances from Article IV, Section 400:5 and 410:8 of the Ordinance to rebuild the dwelling 14.9’ & 9.5’ to sideline as opposed to the required 15’ and 50’ from wetland (Big Island Pond) as opposed to the required 100’ on property located at 16 Chase Island Road, Map 22, Lot 34, RR3 Zone.
Abutters list was read with the following present: Blake Baker; Everett and Bernice Smith; Big Island Pond Corp.
Mrs. Baker presented the Board with pictures of the existing camp. They explained that they wanted to reconstruct the dwelling using the old footprint, but expanding and making the dwelling 3 stories. The basement would be partially finished. Mr. Polito asked what the total square footage is proposed to be. Mrs. Baker said it was a 24’ x 30’ house and was approximately 2000 square feet. Mrs. Baker gave the Board a sketch of the proposed dwelling. The basement contained a cistern for fire protection and utilities and she said the proposal was for the ½ the basement to be finished with a walk out to the lake side. None of the Board members expressed a serious problem with the size of the house as this was a ½ acre parcel of land.
Mr. Polito did have a problem with locating the proposed dwelling in the existing location, where it did not meet the sideline setbacks. The Board agreed and asked why the applicants could not move the dwelling over 5 or 6 feet. Mrs. Baker said it was due to the topography of the lot. Mrs. Baker said there was a hill on the side and they did not want to have to clear a lot of trees and they were afraid there would be too much ledge. Mr. Baker said they would not be able to walk to the back of the house without removing trees. Mrs. Baker said there was also a big rock there. The Bakers said they have a three bedroom approved septic from the State. Mr. Polito said it looked like there was at least 10 feet of space to the first tree.
Ms. Rochford asked what the Conservation Commission had to say about the proposal. Mr. Dziechowski said the Conservation Commission was not asked for input on this proposal by the applicants but would want the runoff addressed.
Mr. Carter said that if they are putting in a basement there would probably have to be a frost wall which requires the foundation go down so many feet. The current house is on a slab, so even in the current location, there may be ledge, or rock that requires additional work.
The Bakers did have concerns about the septic system and whether it could be moved to accommodate the proposed dwelling it had to be moved over a few feet. Mr. Carter asked if test pits were done and Mr. Baker said there were.
Mr. Polito also had concerns about the deck and said that any approval would be conditional upon receiving the approval from the State for the deck. The Board discussed the height of the proposal, which is approximately one story higher than the current structure.
Mr. Smith said they were in favor of the proposal and that they had been through the same process a few years ago to rebuild their home. He believed the Bakers should be entitled to the same thing.
The Board agreed that a site walk needed to be conducted and find out for Tim Lavelle if there are any issues with the septic system if the dwelling were to move over a few feet. The Conservation Commission will also coordinate to be included.
Mr. Riehl made a motion to continue to the next regularly scheduled hearing in September. Ms. Rochford seconded the motion and it was unanimously approved.
Public Hearing – 8:50 P.M
Dube-Plus Construction for James & Jean Foley request for Variance from Article IV, Section 410:8 of the Zoning Ordinance to allow construction of a 24’x32’ Accessory Living Unit within the wetland buffer as opposed to the 100’ setback required on property located at 5 Chase Island Road, Map 22, Lot 12, RR3 Zone.
Ms. Rochford recused herself
Abutters list was read with the following present: James and Jean Foley; Hemlock Heights Impr., Ms. Rochford; letter from John Pomer
Mr. Foley explained that they had made a mistake in identifying a small swale that is wetlands. It is part of the lake that swirls into a portion of his land. He said that it is a hayfield 6 months out of the year and the other 6 months it is marsh. He explained that it evolved over time with the damming up of the lake. Mr. Polito asked how far the dwelling is to the wetland. Mr. Foley said it is approximately 87.3 feet. Mr. Foley explained that the existing berm protects the wetland and was built when the house was built.
Mr. Dziechowski said this was a high value wetland but he thought it was well protected, especially with the garage becoming a front loading garage. As long as existing runoff containment was continued to the new addition and the current berm was maintained, the Conservation Commission had no objections to this proposal.
The Board reviewed the criteria:
The Board agreed that the proposed use posed nothing relative to the wetland which would diminish the value of surrounding properties. The Board agreed unanimously that this criterion was met.
The purpose of zoning is to protect the wetland. Maintaining the berm and addressing water runoff will protect the wetlands. The Board agreed unanimously that this criterion was met.
The left side of the house is where the current side garage is located. The addition will move the garage to the front of the dwelling. This is the only location for this addition. The Board agreed unanimously that this criterion was met.
The gain to the public is protecting the wetland, which is already protected. There is nothing to gain by denying the variance. The Board agreed unanimously that this criterion was met.
The ordinance is intended to protect the lake. With the berm, gutters and best construction practices in place, the wetlands will be protected. The Board agreed unanimously that this criterion was met.
Mr. Polito read the letter from Mr. Pomer, who was in favor of allowing the addition.
Mr. Carter made a motion to approve the request of 16.3’+/- based on all of the criteria having been met and conditioned on the berm being maintained, best construction practices being adhered to and the existing gutter and erosion control to be continued to the addition. Mr. Zannini seconded the motion and it was unanimously approved.
Next Zoning Board of Adjustment Hearing scheduled for September 2007
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