Town of Barnstead Zoning Board of Adjustment

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|December 17 |
|February 18|

ZONING BOARD OF ADJUSTMENT

TOWN OF BARNSTEAD

TOWN HALL

FEBRUARY 18, 2008 @ 7:00 P.M.

WORK SESSION

Minutes

ZBA Meeting Minutes from 2/18/08

Approved as written 4/21/08

Call to Order: Mark Sargent called the meeting to order at 7:00 P.M.

Roll Call: Mark Sargent, chairman, Eileen Murley, Richard Duane, David Brown, James Fougere, alternate sitting in for George Cheney and Paula Vardaro, recording secretary.

Eileen Murley stated that she wanted a better understanding in all the members of how to conduct and properly process meetings.

Mark Sargent commented that in  “ The Board of Adjustment in New Hampshire 2007” there are Rules of Procedure, but the Zoning Board doesn’t have a separate hand out like the Planning Board does.

Paula Vardaro handed out copies of the Planning Board’s “Rules of Procedures”.

Mark Sargent agreed to use the same outline to fit the Zoning Board of Adjustment.

The members went through it adapting the outline to fit the Zoning Board of Adjustment.

The Board produced their “Rules of Procedures”.

It will be typed up and sent to all members for their comments.

There was a discussion regarding the revised applications and the acceptance of them.

James Fougere made a motion to accept the revised applications: special exception, variance, appeal from an administrative decision and equitable waiver.

Eileen Murley seconded the motion.

The Board voted unanimously to accept the revised applications.

Eileen Murley made a motion to adjourn the meeting.

James Fougere seconded the motion.

Mark Sargent adjourned the meeting at 8:20 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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ZONING BOARD OF ADJUSTMENT

TOWN OF BARNSTEAD

TOWN HALL

DECEMBER 17, 2007 @ 7:30 P.M.

MINUTES

ZBA Minutes from 12/17/07

Approved as Written 4/21/08

CALL TO ORDER: Mark Sargent called the meeting to order at 7:30 P.M.

ROLL CALL: Mark Sargent, chairman. David Brown, Eileen Murley, Richard Duane and Paula Vardaro, recording secretary

Mark Sargent read - CASE No. 0707-179 Continued: Robert B. Young Jr., 943 North Barnstead Road, Map 16, Lot 46-1 is requesting a variance to Article 4, Section 4-2.04 (side line set back) of the Town of Barnstead Zoning Ordinance. The applicant is proposing to build a 24’ by 38’ barn, and a possible future house, because the 23’ side set back (actual dimension to be determined) does not meet the minimum 30’ side set back as required by the town ordinance.

Mark Sargent commented that this case has been before the Board several times and proceeded to read a letter to the Board from Robert Young requesting that his case be postponed until the springtime. Mark Sargent told the Board that their options were to vote on it tonight or table it as Robert Young has requested. He suggested to the Board that this case be tabled upon a new application and the abutters being notified properly and all fees to be paid by the applicant.

Jeff Godfrey, an abutter, asked the Board if they could make a decision tonight? He also informed the Board that a foundation has been poured recently.

Mark Sargent told Jeff Godfrey, that unfortunately they had no jurisdiction concerning the foundation that was up to the building inspector and then the selectmen who are the code enforcement officers.

The abutter encouraged the Board to vote yes or no.

A discussion concerning the foundation occurred.

Paula Vardaro informed the Board as of tonight the Building Inspector has not gone out to inspect the property.

David Brown asked if Robert Young has to seek approval of the Planning Board for a buildable lot.

Mark Sargent said weather this is a buildable lot or not is not for this Board to decide. We are here to grant or not grant a variance for the sideline set back requested.

Mark Sargent said that Robert Young’s legal council hasn’t produced any new evidence to the Zoning Board.

Richard Duane brought to the Boards attention the section stated in the application is for a front setback (4-2.04) and not the side set back (4-2.05). Can we deem this application as incomplete and send it back to the applicant.

Mark Sargent reviewed the rejection letter from the building inspector. He agreed that the wrong section was stated and added that we couldn’t give a variance on a flawed application.

Rich Duane said that Robert Young was supposed to come with more information, so we can’t vote on it without the additional information.

David Brown added that the application is incomplete so we can’t vote on it.

Mark Sargent said the Board could deny based on the application and the public notice being flawed and suggested that the Board table the case pending a new application.

Eileen Murley made a motion to table this case until the application is corrected, the abutters are notified and that the applicant pays all fees.

David Brown seconded the motion.

The Board voted unanimously to table this case.

Mark Sargent read - CASE No. 1007-183 Continued: Michael Hurd, 56 South Shore Road, Map 48, Lot 10 is requesting an equitable waiver to Article 3, Section 3-3.01 for the existing garage which is only 7.25’ and 11.03’ from the side line, because it does not meet the side line set back of 15’ as required by the town ordinance.

The applicant is also requesting a variance to Article 3, Section 3-3.01 for a proposed addition to an existing house that does not meet the minimum sideline setback as required by the town ordinance.

Mark Sargent stated that since no notice was sent out on the approval of the equitable waiver, he wanted the Board to re-affirm their vote.

David Brown made a motion to re-affirm the equitable waiver.

Richard Duane seconded the motion.

The Board voted unanimously to approve the equitable waiver.

Mark Sargent asked for any comments from the Board on the Site Walk because he was unable to view the site himself.

Richard Duane commented that there was no vegetation between the two houses. The applicant had stated that there was some vegetation.

Eileen Murley stated that the addition was not going to cause the space between the two houses to be any less than it is now.

Richard Duane said the neighboring house looked like it was a small three-season cottage.

David Brown questioned, how far do we go in allowing the houses to be built so close to the sidelines?

Mark Sargent looked at the plans and asked Tony Fallon, the architect, when the applicant intended to start building and if they were aware of the new 250’ state regulations regarding the shoreline.

Tony Fallon said yes they were aware and would probably start before this new regulation went into effect.

Mark Sargent asked the Board for any further input.

Eileen Murley was concerned if the Board approved they were not creating a situation.

Mark Sargent said that it fits into the footprint.

Tony Fallon added that the addition was a small bedroom.

David Brown made a motion to grant the variance.

Eileen Murley seconded the motion.

The Board voted unanimously to approve the variance.

Mark Sargent informed Tony Fallon that any person could appeal this decision with in 30 days of this notice.

OLD BUSINESS: The Board looked over the new proposed ZBA application and directions. Mark Sargent suggested deleting an item. The Board agreed that the new proposed application and directions were good to go.

NEW BUSINESS: The Zoning Ordinance was given to all Board members and they were asked to review it for any additions and or deletions.

Mark Sargent suggested a new definition for “Public Boundary Line” changing it to “Reference Line” and any reference to this throughout the zoning ordinance.

The Board reviewed the addition of equitable waiver and uses of variance and their definitions.

MINUTES FROM 11/19/07 & 11/24/07: 1/19/07 minutes – Eileen Murley made a motion to approve the minutes as written.

Richard Duane seconded the motion.

The Board voted unanimously to approve the minutes as written.

11/24/07 minutes – Eileen Murley made a motion to approve the minutes as written.

Richard Duane seconded the motion.

The Board voted unanimously to approve the minutes as written

ADJOURNMENT: Eileen Murley made a motion to adjourn the meeting.

David Brown seconded the motion.

Mark Sargent adjourned the meeting at 8:20 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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ZONING BOARD OF ADJUSTMENT

TOWN OF BARNSTEAD

TOWN HALL

NOVEMBER 24, 2007 @ 9:00 A.M.

SITE WALK

MINUTES

Zoning Board of Adjustment Minutes from 11/24/07

Approved as Written 12/7/07

ROLL CALL: Eileen Murley, Richard Duane, and Paula Vardaro, recording secretary,

The Board met Tony Fallon, architect representing the Hurd’s, at 56 South Shore Road.

CASE No. 1007-183:

The applicant is requesting a variance to Article 3, Section 3-3.01 for a proposed addition to an existing house that does not meet the minimum sideline setback as required by the town ordinance.

Tony Fallon showed the Board where the Hurds wanted to add a master bedroom. He measured off the proposed master bedroom and put sticks on each corner to represent 4.9’ off 1 corner and 7.25’ from the other. He pointed out just how they would incorporate the master bedroom into the existing house and garage.

Richard Duane questioned an orange marker that didn’t line up between the two end markers. It seemed to be in the middle of the lot line, but was to close to the house.

Tony Fallon called the surveyor to ask about the pin in question. The surveyor assured the Board that it didn’t pertain to the lot line.

The Board noted how close the neighbor was to the sideline.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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ZONING BOARD OF ADJUSTMENT

TOWN OF BARNSTEAD

TOWN HALL

NOVEMBER 19, 2007 @ 7:30 P.M.

MINUTES

Zoning Board of Adjustment Minutes from 11/19/07

Approved as Written 12/17/07

CALL TO ORDER: Mark Sargent, chairman, called the meeting to order at 7:30 P.M.

ROLL CALL: Mark Sargent, chairman, Eileen Murley, David Brown, Richard Duane, James Fougere, alternate sitting in for George Cheney, Gordon Preston, selectmen’s rep. (asked to be excused seeing we had a quorum) and Paula Vardaro, recording secretary,

Mark Sargent read: CASE No. 0707-179 Continued: Robert B. Young Jr., 943 North Barnstead Road, Map 16, Lot 46-1 is requesting a variance to Article 4, Section 4-2.04 (side line set back) of the Town of Barnstead Zoning Ordinance. The applicant is proposing to build a 24’ by 38’ barn, and a possible future house, because the 23’ side set back (actual dimension to be determined) does not meet the minimum 30’ side set back as required by the town ordinance.

Mark Sargent told the Board that Mr. Young was not present and we were informed verbally and that Mr. Young wanted to remove his case until the springtime. The applicant was informed that the Board required a written letter to remove the case. As of today the Board has not received the letter. Mark Sargent said the Board has a couple of options – We can vote either up or down on this case or continue it until the spring.

Mark Sargent added that we have already carried him for the last two months.

Eileen Murley asked what advantage there was to voting on it now.

Mark Sargent explained that Mr. Young would have 30 days to appeal their decision if the Board chooses to deny his request for a variance. We have asked the applicant to rescind his application in writing.

Richard Duane added that there are still so many unanswered questions so how could the Board act upon this case.

Mark Sargent said that the Board has not heard all the facts yet, so his opinion was it was unfair to vote on the case considering we haven’t heard all the facts from Mr. Young’s attorney.

The abutters had a few questioned regarding their notification.

Mark Sargent explained his conversation with the town attorney. The attorney felt we could make a decision even though the issues of the land still exist.

Eileen Murley made a motion to continue this case until December 17th and sending Mr. Young written notification of certain circumstances of the application.

Richard Duane seconded the motion.

The Board voted unanimously to continue until December 17th at 7:30 P.M. and to write Mr. Young a letter informing him of the circumstances.

Mark Sargent read: CASE No. 1007-183: Michael Hurd, 56 South Shore Road, Map 48, Lot 10 is requesting an equitable waiver to Article 3, Section 3-3.01 for the existing garage which is only 7.25’ and 11.03’ from the side line, because it does not meet the side line set back of 15’ as required by the town ordinance.

Tony Fallon, architect representing Michael Hurd, displayed pictures of the existing garage, house and the proposed addition. He pointed out the existing garage required an equitable waiver. The existing structure was an honest mistake by the previous owner, predating the sideline setback. Tony Fallon reviewed the criteria for the Board.

Mark Sargent asked if they knew when the garage was built.

The Hurds weren’t sure, even though they asked the neighbors and did some investigating on their own. They mentioned a guesthouse that came with the purchase of the house.

Mike Hurd said he thought the garage was built around 1985.

Mark Sargent opened the public hearing at 7:50 P.M.

No Comments

Mark Sargent closed the public hearing at 7:51 P.M.

Eileen Murley asked when construction began? It would be really helpful to have this information.

Mark Sargent stated the request meets the criteria of an equitable waiver.

Richard Duane made a motion to approve the equitable waiver.

James Fougere seconded the motion.

The Board voted unanimously to approve the equitable waiver for the existing building.

Mark Sargent read: The applicant is also requesting a variance to Article 3, Section 3-3.01 for a proposed addition to an existing house that does not meet the minimum sideline setback as required by the town ordinance.

Tony Fallon showed the size of the lot and where they wanted to add a master bedroom. What they are looking for is 4.9’ off 1 corner and 7.25’ from the other. He showed the addition (in a sketch) and just how they would incorporate it into the existing house and garage. He also pointed out the septic system. Tony Fallon read the 5 criteria.

Mark Sargent asked about buffers from neighbors.

Tony Fallon explained there were heavy trees and a grassy area.

Mike Hurd said the neighbor was in full agreement with what they wanted to do.

Eileen Murley asked how close the neighbor was to their lot.

Mike Hurd said the neighbor has quite a bit of land between them.

Mark Sargent asked just when they planned on starting construction.

Michael Hurd answered they would like to start in the spring.

Mark Sargent agreed that the house was squeezed into the lot and there was less than 5’ to the property line. He added he would like to do a site walk.

Eileen Murley stated she would like to see it also and would not like to set a precedent without seeing it.

Mark Sargent said he would like to see it and the abutting property lines.

Richard Duane agreed he also would like to see the property in question and should schedule a site walk.

Mark Sargent scheduled the site walk for Saturday, November 24th at 9:00 A.M.

David Brown made a motion to continue this case until December 17th at 7:30 P.M. after the scheduled site walk on November 24th at 9:00 A.M.

James Fougere seconded the motion.

The Board voted unanimously to continue this case until December 17th at 7:30 P.M.

Mark Sargent read the REQUEST FOR REHEARING: CASE No. 0807-180: Continued: Phillip Slater and Kaye Alguire, 110 Peacham Road, Map 35 Lot 33 is requesting permission to build an attached duplex unit to their home, because the lot doesn’t meet the minimum size required in the Town of Barnstead Ordinance Article 4, Section 4-1: Lot size and Section 4-1:01.

        Mark Sargent told the Board that Kaye Alguire made a list in her request for a rehearing. He also told the Board that this was a public meeting, not a public hearing and we are not taking any input from the public. We are to decide if there was either evidence that wasn’t available at the first hearing or that the Board made an error in their judgment. He continued what we are doing tonight is making a decision on weather or not Kaye Alguire can come in again to appeal her case, we are not ruling on the requested variance. The copy of the letter requesting the rehearing was handed out to the Board members. Mark Sargent explained we asked her to come up with a list of items why she feels we did something wrong.

James Fougere questioned the cases that were noted in her letter.

Mark Sargent commented on the cases cited in the letter. One case was Mountains General store, this person wanted to divide the apartment upstairs from 6 rooms to 2 apartments. He was granted the variance taking under consideration it was in the village district.

James Fougere added that it went away – he ended up selling the property.

The other case was the granting of a variance for frontage of a subdivision on the Hayes property on Cedar Drive. He added that this case really didn’t seem to have anything to do with Kaye Alguire’s property. This property is right on Beauty Hill Road and needed more frontage.

At this time Mark Sargent told the Board for personal reasons he would not be in on the discussion of the rehearing. He requested the rest of the Board discuss it and come up with a decision.

Eileen Murley asked what the new information was that Kaye Alguire didn’t bring forth before and do we have any new information? I guess my opinion would be no.

David Brown said he would have to change his opinion about new information.

Richard Duane agreed he didn’t see any significant new information that would change his mind.

David Brown made a motion to grant a rehearing.

The motion died on the table.

Eileen Murley made a motion to deny the request.

Richard Duane seconded the motion.

The Board voted as follows:

Eileen Murley          yes                         David Brown        no

Richard Duane        yes                         James Fougere    yes

It was suggested that Kaye Alguire submit a new application and apply for an appeal to the administrative decision.

OLD BUSINESS: Applications were reviewed for corrections/additions.

Eileen Murley had a few comments to add and deletions to be made. She suggested that a strong set of instructions be set up so there is no chance of a misunderstanding on the applicant’s part.

Richard Duane also commented that people should be aware that a variance or waiver might take 1, 2 or 3 meetings to obtain.

The Board agreed with new corrections.

Eileen Murley will be working with Paula Vardaro to make the updates and discuss the applications again at the next meeting.

MINUTES FROM 10/15/07 & 10/22/07: 10/15/07 minutes Mark Sargent pointed out – on page 2 “11’2’” should be changed to read “11’2”.

Eileen Murley made a motion to approve the minutes as amended.

David Brown seconded the motion.

The Board voted unanimously to approve the minutes as amended

10/22/07 minutes – James Fougere made a motion to approve the minutes as written.

Eileen Murley seconded the motion.

The Board voted unanimously to approve the minutes as written.

ADJOURNMENT: David Brown made a motion to adjourn the meeting.

Richard Duane seconded the motion.

Mark Sargent adjourned the meeting at 8:53 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary