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Zoning Board of Adjustment
TOWN OF BARNSTEAD
TOWN HALL
SEPTEMBER 19, 2011 @ 7:00 P.M.
MINUTES
CALL TO ORDER: Eileen Murley, chairman, called the meeting to order at 7:00 P.M.
ROLL CALL: Eileen Murley, chairman, Edward Tasker, alternate, Kaye Alguire, David Brown, Kathy Grillo, alternate, Mary Clarke, alternate, Paul Vince, alternate and Paula Vardaro, recording secretary
Eileen Murley asked Kathy Grillo to sit in as a voting member for Mark Sargent and asked Edward Tasker to sit in as a voting member for Rick Duane. Both agreed.
Eileen Murley read: CASE No. 0711-204: Continued - Tom and Carolyn Lehman, 30 South Shore Drive, Map 48, Lot 5, are requesting a variance to Article 3, Section 3-3.01 for a side yard setback. The applicant proposes to construct a deck that will not meet the 15 foot setback as set forth in the Town of Barnstead Zoning Ordinance.
Eileen Murley stated that the Board conducted a site visit August 18th. At that time we requested dimensional information from that site visit and the dimensions from the side line to the proposed deck, as well as modifications to the back deck so that a variance would not be required from that corner of the deck.
The Board members were handed revised specifications for the decks by Tom Lehman. Tom Lehman told the Board on the site visit it was suggested he angle the back deck in 1’ 3”, but he angled it 2’ to make it even farther away from the lot line.
Eileen Murley said she remembered a conversation about the other deck needing a variance.
There was some discussion regarding the application for one or two decks. It was agreed that the applicant applied for the two decks, but now only needed one variance.
Tom Lehman said - looking at house from the water – on the left hand side - the corner of the house is 19’ 8”. Straight out would have been 1’ 3” for the side, but going 2’ gave them more leeway. The right side of the house is 6-8” off the property line. The deck will be further away than the existing house (like a trapezoid) from the property line tapering it in 2’. The deck in the road side starts off at 3’ 10” and is 7’ out.
Eileen Murley said the 2 dimensions that we need to write a request for variance for on the lake side deck on the right hand side is 1’ 4” and for the road side it is 3’ 10”. No variance is required on the other side of the house.
David Brown said the existing point closest to the corner of the deck will be 8”.
Eileen Murley stated that the Building Inspector was out at the property and expressed concern that the work being done is of a larger scope than the work that was applied for in the shoreland permit. Specifically, the jog out for the stairs was not in the original permit and the front deck was not included. This Board doesn’t have jurisdiction over the shoreland permit but if the variance is granted it doesn’t relieve the applicant of the requirements of the shoreland permit. The Building Inspector is very concerned with the 1,040 square footage of impacted area. Between the jog out and the stairs he believes the project will exceed that amount.
Tom Lehman said the jog out was less than 2’ he just squared it off.
Eileen Murley said she understood why he did it, but they needed to understand if the variance is approved it has no affect on the shoreland permit, the Building Inspectors permit, inspections and the certificate of occupancy. They are not the concern of this Board.
Tom Lehman agreed.
Edward Tasker asked where they will park their cars and how wide the lot was.
Tom Lehman explained the cars are parked up toward the road there is plenty of space. The width of the lot is 200’ near the road. The water’s edge is only 25’ wide. He stated that the deck will be 52’ away from the water.
Edward Tasker asked if the abutters had any comments at the public hearing.
Eileen Murley said yes, their concerns were the removal of trees, the property line and a concrete tank being delivered and removed. After the abutters saw the property boundaries marked, they realized the trees that were cut were on the Lehman’s property. They seemed to be ok with everything.
David Brown agreed.
Edward Tasker asked if any other variances were ever applied for.
Eileen Murley said no.
Kathy Grillo asked when the house was built and what the Building Inspector was concerned about.
Tom Lehman said it was built in the 1950’s.
David Brown questioned the area of disturbance and total impact.
Carolyn Lehman said if there is an error they would modify it and work it out with the shoreland people.
Tom Lehman calculated the disturbance of area and stated that it was only 886 sq ft.
Eileen Murley said the dimensions are not for this Board – only the Building Inspector. Our action is independent of the shoreland permit.
Edward Tasker questioned the planting of extra shrubs or trees. He asked if it was a year round home.
Tom Lehman said it’s a seasonal home built in the 1950’s and he will be planting tall arborvitae along one side and already planted ground cover junipers along the other side. Tom Lehman described the trees that were taken down and the neighbor’s objection. He told them the neighbors thought they had more land than they really had. He added that the neighbors well and their driveway are on his land.
Edward Tasker asked for an assessment of the site walk by the Board.
Eileen Murley explained what they saw.
Kaye Alguire said the abutters seemed satisfied with what they saw and they weren’t as close as they thought.
Edward Tasker questioned the addition of the decks.
Tom Lehman showed him exactly where the decks would be.
Eileen Murley opened the public hearing at 7:28 P.M.
No comments given
Eileen Murley closed the public hearing at 7:29 P.M.
Eileen Murley asked the Board for any further discussion or a motion.
David Brown moved that the applicant be allowed to construct decks described in the application that the closest part to the southern part of the deck on the lake side is 8” and the closest part on the street side to the property line is 3’ 10”
Kaye Alguire seconded the motion.
The Board voted unanimously to grant the variance.
Eileen Murley said they would receive a written decision within 5 days of the hearing and reminded them that there is a 30 day appeal period for any aggrieved party. If they start the project within that time, they do so at their own financial risk.
Eileen Murley announced that Kaye Alguire is resigning at the end of this meeting and at that time Gordon Preston will be sworn in as a full member. Mary Clarke and Paul Vince have agreed to join as alternate members. Eileen Murley informed the Board that there might be a problem. She admitted she made a mistake and when they discuss the rules of procedure she would elaborate on it.
CORRESPONDENCE: The Board of Selectmen sent a copy of a letter to the ZBA regarding 48 Brewster Rd. This letter informed the resident they needed to apply for a variance to the ZBA to continue their residency there.
Paula Vardaro told the Board that the resident came to her office and dropped off an application. Unfortunately it was the wrong one – he applied for an equitable waiver not a variance. The applicant will drop off a new application on Wednesday.
A memo was sent to the Selectmen from the Planning Board, Zoning Board and the Building Inspectors’ office regarding the website. Since the webmaster had resigned earlier, their suggestion was to have Paula Vardaro take over these three departments. Eileen Murley stated that at last Tuesday’s meeting the Selectmen voted to have two web administrators - Paula Vardaro will take over the three sites and Patty Yoder would take over the rest.
OLD BUSINESS: none
NEW BUSINESS: Eileen Murley told the Board that the legislature has changed the definition of the requirements for proving the case for a variance. The variance application will have to be re-done to reflect the language in the RSA. They also need to change the language in the Zoning Ordinance to reflect the changes too. The proposed changes and modification to the Zoning Ordinance is owned by the Planning Board and they are receptive to the changes that can be made. The Planning Board has requested a joint meeting with the Zoning Board for Thursday, October 20th to go over the proposed changes. She suggested they review the proposed changes prior to the meeting. She added that the proposed language for the variance has been taken directly out of the RSA – so don’t have much to say about that.
Eileen Murley pointed out the potential for the growth ordinance to be removed from the Zoning Ordinance; she explained how it was put into the Zoning Ordinance and the limitation of new construction.
Paula Vardaro clarified that the Town has not met the 75% of new construction for the last three year so the growth ordinance would have to go away, but the Planning Board would like to keep it active so they will have to prove that the town still needs it.
Eileen Murley said they need to change the application for a variance. They need to adopt the new form at the next meeting with the changes.
David Brown made a motion to vote on the adoption of the new application changes at the next meeting in October.
Kaye Alguire seconded the motion.
The Board voted unanimously to review and adopt the changes in the variance application at the October meeting.
Eileen Murley said regarding the rules of procedure – one of the things added is the term of members and alternates. The language in RSA states not having more than 2 alternates appointed in any one year. This year 3 alternates have been appointed by the Selectmen. She said they have a couple of choices. Either we delay the appointment of one of the alternates until next year, take the language out the rules of procedure regarding not appointing more than two alternates be appointed in one year. Or we can wait and it might resolve itself in a short time. She asked what the Board wanted to do.
It was suggested to wait.
Mary Clarke offered to wait until next year.
Paul Vince said the same for him.
Eileen Murley said if we did that she would request that they keep coming to the meetings.
David Brown said the laws change every year and make the legislation match what the court says. The courts will probably change again in February.
Eileen Murley said they needed to change the rules of procedure including the terms of expiration. She said Mark Sargent has expressed his desire to leave the board at some time so maybe she will call him and see if they can resolve this dilemma - not that the Board wants him to resign. She said they would postpone the rules of procedure until next month. Eileen Murley pointed out some of the changes in the rules of procedure. She referenced the site walk, which came about from a site walk through the Planning Board. The site walk convenes as a public meeting with a quorum and the abutters must be allowed to attend – not necessarily speak.
Consideration of rules of procedure will be postponed until October meeting.
Paula Vardaro told the Board LGC is offering ZBA and Planning Board training Saturday October 29th covering the fundamentals of the ZBA and Planning Board.
Eileen Murley encouraged all new members to attend.
MINUTES FROM 8/15/11& 8/18/11: 8/15/11 – David Brown made a motion to approve the minutes as written.
Kaye Alguire seconded the motion.
The Board voted unanimously to approve the minutes as written
8/18/11 – Kaye Alguire made a motion to approve the minutes as written
David Brown seconded the motion.
The Board voted unanimously to approve the minutes as written.
David Brown thanked Kaye Alguire for all her work on the Board.
ADJOURNMENT: David Brown made a motion to adjourn the meeting.
Kaye Alguire seconded the motion.
Eileen Murley adjourned the meeting at 8:00 P.M.
Respectfully Submitted
Paula Vardaro
Recording Secretary
TOWN OF BARNSTEAD
SITE WALK MINUTES
Thursday, August 18, 2011
at 30 South Shore Drive.
CASE No. 0711-204: Tom and Carolyn Lehman, 30 South Shore Drive, Map 48, Lot 5, are requesting a variance to Article 3, Section 3-3.01for a side yard setback. The applicant proposes to construct a deck that will not meet the 15 foot setback as set forth in the Town of Barnstead Zoning Ordinance.
ROLL CALL: Eileen Murley, chair, David Brown, Kaye Alguire and Paula Vardaro, recording secretary
Also present: Tom and Carolyn Lehman, Jan Gilman, Nancy Gervino, Maureen Fitzpatrick and Barbara Mahn.
The site walk commenced at 6:35 P.M.
Tom Lehman showed the Board the proposed front deck (at the road side) that he wanted to add. On the right side there was no issue with the setback, but on the left he was looking for a variance. The setback of the house was about 1’ from the boundary line. He proposed the deck to be contoured to the line on that side of the property.
In the rear of the house, facing the water, Tom Lehman put down boards to show the Board where the deck would actually come out - pointing out in the middle of the house, where the stairs would be coming out, the setback was 19’8”, and at the farthest corner setback it would be 13’ 8”.
The Board agreed if he could taper in the deck 1’ 2” at that corner he wouldn’t need a variance for that side and it would meet the 15’ setback.
Tom Lehman agreed he would do that.
They discussed the stairs on that side of the house and agreed the stairs would be within the setback.
An abutter asked how close he was to the water.
Tom Lehman replied, when the deck is put on they will still have 2’ 3” before they are in the 50’ buffer zone.
On the other side of the house the boundary line was 0.37’ away from the house.
Tom Lehman said he would taper that end of the deck as well so that it is parallel to the boundary line.
David Brown asked Tom Lehman if he could submit, at the next meeting, a sketch with the dimensions of the deck on the survey. He felt that it would really be helpful.
Nancy Gervino asked about the holding tank and if it was in the front of the house.
Tom Lehman pointed out where the holding tank was on the side of the house.
Jan Gilman asked about a cement cylinder with holes that was delivered and set in the front of the house. She was concerned that the holding tank was in the front of the house.
Tom Lehman reassured her that Gilbert Block came back and removed it – it wasn’t in the ground.
The site walk adjourned at 7:15 P.M.
Respectfully Submitted
Paula Vardaro
Recording Secretary
TOWN OF BARNSTEAD
TOWN HALL
AUGUST 15, 2011 @ 7:00 P.M.
MINUTES
CALL TO ORDER: Eileen Murley, chair, called the meeting to order at 7:00 P.M.
ROLL CALL: Eileen Murley, chair, Rick Duane, vice-chair, Kaye Alguire, David Brown and Paula Vardaro, recording secretary
Eileen Murley told both the applicants that typically we have 5 members on the ZBA to hear cases tonight they only have 4 members with no alternates. The applicants can elect to postpone at a later meeting if they choose to have a full Board present. She explained they need three affirmative votes from the Board members, the chair doesn’t vote unless there is a tie.
Both the applicants said they would like to proceed with the partial Board.
Eileen Murley explained the process: the applicants present their application, questions are asked by the Board, a public hearing is opened and comments are accepted – adding all question come through the chair, the public hearing is closed, additional comments by the applicants may be heard as well as more questions from the Board, and then the Board will deliberate. She added that sometimes additional information or a site visit is required; the decision is not always given at the end of the first hearing. If a hearing is postponed you will be told before deliberation and that would be the only notice you will receive - no written notice will be mailed to you.
Eileen Murley read CASE No. 0711-204: Tom and Carolyn Lehman, 30 South Shore Drive, Map 48, Lot 5, are requesting a variance to Article 3, Section 3-3.01 for a side yard setback. The applicant proposes to construct a deck that will not meet the 15 foot setback as set forth in the Town of Barnstead Zoning Ordinance.
Eileen Murley asked the applicant to read and discuss the 5 criteria.
Tom Lehman told the Board he would like to add two decks – one 20’ x 7’ in front of the house and the other being 20’ x 24’ on the back facing the water. He read the 5 criteria and showed the Board pictures where the variance was being requested. He explained there was probably 16’ between the two houses. The deck will be angled at a 30 degree angle so it will be the same set back as the house. This will not impede the abutter’s view of the lake. There will be no impact from the water drainage. They are requested an area variance because there is little room on the side – which he showed in the pictures.
Eileen Murley asked for the dimensions on the sketches he submitted.
Rick Duane asked if he was requesting a variance for the opposite side of the house. He pointed out that the land is at an angle and if the house follows down – then it would be closer than 15’ on that side also.
Tom Lehman said he thought it was within the 15’ on that side.
Rick Duane showed Tom Lehman on the plan and explained what he saw 15’-8” in the middle of the lot then follow it to the water and it tapers somewhat, which in his opinion, is less than 15’. He added it might be worth looking at.
A discussion ensued regarding the other side of the house and the how close the house was to the property line.
Kaye Alguire questioned the stairs.
Tom Lehman explained that the stairs would be going down towards the road.
Eileen Murley asked why the stairs aren’t from the front of the deck towards the lake.
Carolyn Lehman explained if they had, they would be blocking a window.
Tom Lehman said the stairs would be incorporated into the 20’ length of the deck.
Rick Duane stated that the deck appeared to close to the line. He asked if a variance was needed for that side also.
Tom Lehman said he spoke with the neighbors on that side and they were making it more palatable for them by planting grass and some trees, but he didn’t think they were that close.
Eileen Murley opened the public hearing at 7:25 P.M.
Rocco Gervino, and Nancy Gervino of 34 South Shore Dr and Jan Gilman, abutters, asked to see the plans.
Nancy Gilman commented that a lot of trees were cut down, and she was very concerned about that. She hoped that there would be no more trees removed.
Tom Lehman pointed out on the survey where the deck would be, and reassured the abutters that no more trees would be cut.
Carolyn Lehman stated they would gladly plant more trees or shrubs if they wanted them.
The abutters commented on the size of the deck.
Rocco Gervino stated he had no issue with the stairs and there shouldn’t be any more destruction of trees.
Nancy Gervino stated she was still concerned about the situation.
Rocco Gervino asked about the septic tank that appeared on the plans.
Eileen Murley asked where the holding tank was located.
Tom Lehman said it was on the side and pointed it out on the survey.
Eileen Murley stated the construction of the deck wouldn’t interfere with the tank.
Jan Gilman said she was concerned about the existing dead tree on her property and if there will be any more.
Tom Lehman added that the trees needed to be cut so they could raise the house.
Eileen Murley suggested a site visit to see clearly what the concerns are - plus see the dimensions of the property line.
The Board agreed.
David Brown said he would like to see a drawing with the points on it.
Rick Duane said the surveyor probably has the original plan and all he has to do is plot the side of the deck with the dimensions. He probably could e-mail it to you.
David Brown said they could probably hold a string to see the line.
Eileen Murley added providing that the pins have been set.
Nancy Gervino asked again where the holding tank was.
Tom Lehman said it is where it’s always been - beside the house, it’s a 180 gallon tank. He showed her on the plan just where the tank was.
Eileen Murley closed the public hearing at 7:45 P.M.
Eileen Murley again suggested a site visit. She asked the applicant what would work for him. Eileen Murley scheduled the site visit, which is a public meeting, for Thursday August 18th at 6:30 on the property - 30 South Shore Drive. She also stated that the hearing would be continued for consideration on Monday, September 19th at 7:00 P.M. Those two verbal notices are the only notices they would receive.
David Brown said that it would be helpful if they were to show stakes at the property line.
Eileen Murley agreed they would define what they were asking for: stakes or hand drawing with dimensions and pointing out where the stairs are going to be. She said it was their choice, whichever they could provide.
Eileen Murley read CASE No. 0711-205: Jason and Kimberly Lachance, 88 Wes Locke Road, Map 22, Lot 72, are requesting a variance to Article 3, Section 3-3.02 for a front setback. The applicant proposes to construct a farmer’s porch that will not meet the 50 foot setback as set forth in the Town of Barnstead Zoning Ordinance.
Jason Lachance read and explained the 5 criteria for construction of a farmer’s porch to the front of their house. He explained that they would not be encroaching on the town’s right-of-way.
David Brown questioned where the setback was.
Jason Lachance pointed out that there is a 15’ 7” to the right-of way the house and added it isn’t quite parallel to the road.
They discussed just where the right-of-way was, and the existing stone wall.
Paula Vardaro explained that because of the width and the length of their lot they fall into a 50’ front setback.
Eileen Murley opened the public hearing at 7:58 P.M.
Carol Locke, an abutter, sent a note asking for the Board to please allow the variance.
No other comments were given.
Eileen Murley closed the public hearing at 7:59 P.M.
Kimberly Lachance showed the Board current pictures of the house explaining where the farmer’s porch would be.
Rick Duane made a motion to approve the variance.
Kaye Alguire seconded the motion.
The Board voted unanimously to approve the variance.
Eileen Murley told the Lachance’s they would receive the Board’s written decision within 5 days. There is also a 30 day appeal period if someone wants to appeal the Board’s decision. If they start work before the appeal period is over they do so at their own risk.
OLD BUSINESS: No old business
NEW BUSINESS: Paula Vardaro told the Board that the Planning Board is going through the Zoning Ordinance and some additions to the ZBA section should be added. Hand-outs were supplied to the Board. The heading alternate members needed to be added to the Zoning Ordinance.
David Brown questioned adding the alternates.
Eileen Murley said the Rules of Procedure address the alternates, but the Zoning Ordinance does not. She also mentioned that they no longer distinguish between use and area variances. They need to re-write this section. They might consider including spot variances which is new.
Paula Vardaro stated that the Planning Board would like to have a joint meeting.
Eileen Murley agreed that September would be a good time.
Paula Vardaro also mentioned that the ZBA handbook had a lot of additions and deletions as well as models for the rules of procedures and applications. She added we might want to take a look at it.
Eileen Murley said she would take a first stab at them and then e-mail them to the Board.
The Board agreed that was the way to go.
CORRESPONDENCE: LGC is having their annual conference November 16 & 17th at the Radisson in Manchester.
MINUTES FROM 7/18/11: Rick Duane made a motion to approve the minutes as written.
David Brown seconded the motion.
The Board voted unanimously to approve the minutes as written.
ADJOURNMENT: David Brown made a motion to adjourn the meeting.
Kaye Alguire seconded the motion.
Eileen Murley adjourned the meeting at 8:10 P.M.
Respectfully Submitted
Paula Vardaro
Recording Secretary
TOWN OF BARNSTEAD
TOWN HALL
JULY 18, 2011 @ 7:00 P.M.
MINUTES
CALL TO ORDER: Eileen Murley, chair, called the meeting to order @ 7:02 P.M.
ROLL CALL: Eileen Murley, chair, Rick Duane, vice-chair, David Brown and Paula Vardaro, recording secretary
CASE No. 0611-203: Craig and Jane Westlake, 40 Meadows Edge Road, Map 32, Lot 22, are requesting a variance to Article 4, Section 4-2.07 for a shore line set back. The applicant proposes to re-construct a house that will not meet the 50 foot shoreline high water line as set forth in the Town of Barnstead Zoning Ordinance.
Eileen Murley explained to the applicants that typically there would be more members, and alternates would be appointed to sit in for missing members, but tonight we only have three members and no alternates. She explained that typically there would be five members to hear and vote on the application with an affirmative vote from three members of the Board for an approval. She pointed out that there are only three members of the Board present tonight. The Board can hear the case or the applicant can choose to postpone the case until next month believing that there will be a complete Board then. It is the applicant’s choice.
Craig Westlake stated that they wanted to go with the three member Board.
Eileen Murley explained the procedure of the meeting, starting with the applicant presenting their case, the Board asking questions, a public hearing will be opened for general public input, the public hearing will be closed, the Board will ask additional questions and then a decision will be rendered. She again stressed that it takes three affirmative votes and the Board consists of three members. She cautioned that they might need more information or need to do a site visit. She again gave the applicant the opportunity to postpone – which they declined.
Craig Westlake presented the Board plans that showed where the current house is and where the new house was going to be constructed. He pointed out where the current deck and porch are, which, after being removed will be converted to vegetation as requested by the D.E.S. He explained how they were going to dig a trench 2 ½ - 3 feet deep along the side of the driveway and fill it with crushed stone. This stone will start before the garage and will create a spill way that will go around the house and under it. Their hopes will be to control the water runoff, which in the winter is very hazardous.
ileen Murley asked if this was his design.
Craig Westlake said yes.
Rick Duane disagreed with the proposed runoff system.
A brief discussion ensued regarding the ditches, crushed stone, the runoff and the design.
Craig Westlake agreed that the trenches might have to be deeper.
Jane Westlake read the 5 criteria.
Eileen Murley questioned the D.E.S. e-mail. She asked if they would be responding with a formal letter stating either a permit is or isn’t required, or conditions that need to be met according to the D.E.S.
Craig Westlake stated they are expected their approval in a letter.
Jane Westlake said they have an environmental consultant, Tracey Tarr, from Stoney Ridge Environmental LLC, working on this project.
Craig Westlake said they had some calculation done regarding permeable area. They aren’t anticipating any problems.
Jane Westlake stated that in April the D.E.S. tentatively approved their plan without the runoff design.
Eileen Murley opened the public hearing at 7:25 P.M.
Sandy and Ron Weston, abutters, told the Board that they are on the other side of them. They explained there is a bridge over a brook, which Craig Westlake has maintained, and has done a great job. They are very comfortable with the proposal before the Board. The conversion of the deck to vegetation is a good thing also and would improve the property value.
Eileen Murley closed the public hearing at 7:27 P.M.
Rick Duane asked if they were going to remove any trees along the neighbor’s side.
Craig Westlake said no they were not removing any additional ones. Craig Westlake asked if the Board does not approve this variance tonight – is that the end of it.
Eileen Murley said, no, they have other options. They can appeal the decision within 30 days and would have to present additional information to the next hearing.
David Brown made a motion to approve the variance because they are making the lot less nonconforming and it would be better than what they have, providing that they receive D.E.S. approval for the new structure.
Eileen Murley agreed - providing that they receive approval from the D.E.S. She added that the D.E.S. usually grants an approval or permit with conditions for this ahead of time. Eileen Murley stated she is concerned that they do not have this letter. She agreed that the project does make the property less nonconforming.
Rick Duane agreed with Eileen Murley. He suggested that the decision should reference the approval of the D.E.S. because the house is going to primarily stay in the same footprint within the 50’ buffer.
Eileen Murley agreed and asked for an amended motion including the D.E.S. and a condition that the screen porch cannot be converted to a full time living space which is a requirement within the 50’
David Brown made a motion to approve the variance as requested by the Westlakes subject to D.E.S. approval being filed with this office and subject to a condition that the screened-in-porch must remain a screened-in-porch and cannot be converted to a room. Also any conditions imposed by the D.E.S. must be conformed to, in order for this variance to be valid.
Rick Duane seconded the motion.
The Board voted unanimously to approve the variance with conditions.
Eileen Murley informed the Westlakes that there is a 30 day appeal period in which anyone can appeal the decision of the Board. If they choose to start work on their project they do so at their own risk.
Craig Westlake asked who would be looking at the trenches and the crushed stone project.
Suggestions were made that maybe the building inspector or the road agent might be of some help to him.
OLD BUSINESS: The latest Rules of Procedure was presented to the Board for their signatures. Eileen Murley informed the Board that they need to change them again, because new conditions have been instituted.
Paula Vardaro handed out some additions for the ZBA handbook for their review.
Eileen Murley added that the applications need to be amended as well seeing that both area and use variance have been combined into one.
NEW BUSINESS: Eileen Murley asked if any of the Board members would be interested in sitting on the Master Plan committee.
David Brown asked how much time would be involved.
Paula Vardaro told him that the committee will meet and work on two chapters per year. This will become a living document. She told him that Michael Kowalski was the chair of that committee.
David Brown said he would be interested.
Eileen Murley stated that the Zoning Ordinance must also be changed to accommodate the new ZBA changes and presented to the Planning Board before their next meeting.
MINUTES FROM 6/20/11- Rick Duane made a motion to approve the minutes as written.
David Brown seconded the motion.
The Board voted unanimously to approve the minutes as written.
ADJOURNMENT: Rick Duane made a motion to adjourn the meeting.
David Brown seconded the motion.
Eileen Murley adjourned the meeting at 7:55 P.M.
Respectfully Submitted
Paula Vardaro
Recording Secretary
TOWN OF BARNSTEAD
TOWN HALL
JUNE 20, 2011 @ 7:00 P.M.
MINUTES
CALL TO ORDER: Eileen Murley, chair, called the meeting to order at 7:06 P.M.
ROLL CALL: Eileen Murley, chair, Rick Duane, vice chair, Mark Sargent, David Brown, Kathy Grillo, alternate and Paula Vardaro, recording secretary
Eileen Murley asked Kathy Grillo to sit in for Kaye Alguire.
Eileen Murley explained the hearing procedure to the applicant which is dictated by the rules of procedure and the RSA’s about the presentation, the questions, public hearing, the Board asking questions and the deliberation. She also added if there wasn’t enough information provided the Board might have to postpone their decision and possibly go on a site walk of the property
Eileen Murley read CASE No. 0411-202: Clifford Meier and Barbara Kelczewski, 117 Valley Dam Road, Map 28, Lot 26, are requesting a variance to Article 3, Section 3-3.01 for a side setback. The applicant proposes to re-construct a house that will not meet the side setback of 15 feet as set forth in the Town of Barnstead Zoning Ordinance.
At this time Mark Sargent recused himself.
Eileen Murley told the applicant that the previous plans, that were submitted, had the wrong map number. The deed also referenced the wrong map number. Before the meeting tonight Mark Sargent handed the Board the corrected plans. She recommended that the applicant change the map number in the deed from 10 to 28.
Barbara Kelczewski went through the 5 criteria for the Board pointing out the current structure is not up to code and was built within the shoreline protection area. The new house will be improved and built to code and a little further away from the shoreline. She added that they received approval from the D.E.S.
Eileen Murley asked if the applicant could explain the storm water management.
Cliff Meier stated that the State allows the drywell. Cliff Meier told the Board that perimeter drains would be placed inside and outside creating a drip line around and away from the entire house. He explained they are planting trees per the request of the D.E.S. and told the Board where the parking would be.
Rick Duane questioned the front set back.
Paula Vardaro told him it was a non-conforming lot and the house met the 25 foot setback.
No further questions from the Board members.
Eileen Murley opened the public hearing at 7:22
Ed Corriveau, an abutter, commented that they were good neighbors and it would be a great enhancement. He would like clarification regarding the distance of the side set back.
Eileen Murley said now the distance is 9.78 and it will become 9.85.
Don and Joan Fletcher, an abutter, said they lived across the lake and it would be great to look at a new home, it would be a plus.
Eileen Murley closed the public hearing at 7:25.
Barbara Kelczewski commented that the case number was read as 0411-202. She had case number 0511-202 on her papers.
Eileen Murley and Paula Vardaro agreed that it was a type-o and required adjustment. The correct number was indeed 0511-202.
Rick Duane stated the request for the variance was a minor one.
David Brown made a motion to approve the application as complete and grant the variance.
Eileen Murley stated conditions should be included that the shoreland protection requirements of permit number 2011-00426 granted by the D.E.S. on 4/15/2011 be met.
David Brown agreed.
Rick Duane seconded the motion.
The Board voted unanimously to approve the variance.
Eileen Murley told the applicant they would receive the decision within 5 business days and there is a 30 day appeal period in which anyone can challenge the decision. If work is started it is done at the applicants own risk.
Mark Sargent returned to the Board.
RULES OF PROCEDURE: Eileen Murley asked the Board if they had any further comments on the rules of procedure.
Eileen Murley opened the public hearing at 7:30 P.M.
No comments were given.
Eileen Murley closed the public hearing at 7:31 P.M.
Mark Sargent made a motion to adopt the rules of procedure as amended.
David Brown seconded the motion.
The Board voted unanimously to adopt the rules of procedure as amended.
CORRESPONDENCE: The Board was handed copies of correspondence from a conversation with legal counsel from LGC regarding the Kidder property and correspondence from attorney Mark Puffer regarding a variance for George Kokkinos.
Eileen Murley stated the variance for George Kokkinos at 84 Brewster Road was heard by the ZBA in 2005. The property had a small run down trailer on it. The trailer was within the 50 foot shoreline protection area. It was then removed and in its place a small wooden structure was built without permits and it was too close to the water. It was discovered by the Building Inspector. The building Inspector issued a cease and desist order and told them they needed the proper permits. The permit was denied by the Building Inspector because the setbacks were not adequate and was sent to the ZBA. George Kokkinos stated they would like to live in the small structure while they built their 4 bedroom home. He went to the ZBA for a variance and was denied the first time. He filed for an appeal and was heard a second time by the ZBA to build a 4 bedroom home – which met all regulations. The ZBA conditionally approved the variance with a time of 5 years to remove the small wooden structure. This time expired on May 31, 2011. A notice was sent by the selectmen’s office asking him to come in and meet with them. Now the applicant wants to remain there because of financial difficulties, he is unable to build the new home. He has been advised by the selectmen to go before the ZBA and ask for a variance. The attorney advised the applicant apply for a variance to continue to use the residence which has a setback of less than 50’ from the shoreline, but stated the ZBA doesn’t have the authority to stipulate a time limitation on an approval. Time restraints are enforcement issues for the Selectmen. Eileen Murley said this correspondence is for clarification on a case that will be coming up shortly.
Eileen Murley said the second correspondence was from LGC regarding the Kidder property. She told the Board this case is behind them because legal counsel advised us - the Building Inspector had the last word on this. The Building Inspector sent a letter to the Kidders with the approval of the existing structures.
MINUTES FROM 5/16/11: Rick Duane made a motion to approve the minutes as written.
David Brown seconded the motion.
The Board voted unanimously to approve the minutes as written.
Mark Sargent abstained.
ADJOURNMENT: Rick Duane made a motion to adjourn the meeting.
David Brown seconded the motion.
Eileen Murley adjourned the meeting at 7:45 P.M.
Respectfully submitted
Paula Vardaro
Recording secretary
TOWN OF BARNSTEAD
TOWN HALL
MAY 16, 2011 @ 7:00 P.M.
MINUTES
CALL TO ORDER: Eileen Murley, chairman, called the meeting to order at 7:03 P.M.
ROLL CALL: Eileen Murley, chair, Rick Duane, vice-chair, David Brown, Edward Tasker, alternate and Paula Vardaro recording secretary
Eileen Murley welcomed Ed Tasker as our new alternate. She asked if he would sit in for Mark Sargent as a voting member.
Eileen Murley read: CASE No. 0411-201: Deborah MacNeil, 169 Varney Road, Map 41, Lot 245, is requesting a variance to Article 3, Section 3-3.02 for a rear setback. The applicant proposes to construct a screen-in-porch that will not meet the rear setback of 20 feet as set forth in the Town of Barnstead Zoning Ordinance.
Eileen Murley explained the process about the presentation, public hearing, the Board asking questions and the deliberation. She also added if there wasn’t enough information provided the Board might have to postpone their decision and possibly go on a site walk of the property.
Deborah MacNeil told the Board she recently purchased the property at 169 Varney Road. In the back of the house there exists a very small 5’x5’ deck. She would like to extend that deck and incorporate a 20’ x 12’ screen porch. She was only asking for a variance of 5’for the rear setback. This is the only place she could logically put the screen porch. The applicant went through the criteria explaining that the porch would only be for recreational use being able to put chairs and a table out there. There will be no negative impact on the neighborhood. Looking at pictures she submitted, Rick Duane asked about the boundary line. Ed Tasker asked about a vent coming out of the house. Deborah MacNeil said she didn’t know what the vent was for, she doesn’t have a dryer yet, and didn’t know if it was a stove vent or a bathroom vent, but would look into it.
Eileen Murley opened the public hearing at 7:12 P.M.
No comments were given.
Eileen Murley closed the public hearing at 7:13 P.M.
Eileen Murley commented that the Board has granted an 8’ depth on a deck where a variance is required. In each case it was on the water.
David Brown agreed that only 8’ depth decks were allowed facing the water.
Rick Duane questioned the dimensions of the porch.
David Brown said the setback is 27’ now, but with the screen porch it would be 15’. He also mentioned a letter was sent from an abutter in favor of the addition.
Rick Duane made a motion to approve the application.
David Brown seconded the motion.
The Board voted unanimously to approve the application.
Eileen Murley told the applicant she would receive the written decision within 5 days.
Rick Duane also added that there is a 30 day appeal period. He explained that anyone can appeal their decision within 30 days.
Eileen Murley said if the applicant started work within 30 days it would be at her own risk.
RULES OF PROCEDURE: Eileen Murley told the Board that the changes she came up with were made after having a conversation with a lawyer (Kim Hallquist) from LGC. The terms of office were added - the RSA’s state: they can be re-appointed by the Selectmen again after their term is up. She informed the Board that the term dates have been added after the names according to when they joined the Board. The lawyer suggested 2 members have expired terms, 2 members then 1 member – then the alternates.
They discussed what month the terms would be re-appointed.
It was decided April, after town elections.
Eileen Murley told the Board that there should not be an ex-officio member on the Board according to LGC. They can be on the Board as either an alternate, full member or as a non-voting liaison between the Board and the Selectmen. Eileen Murley suggested to the Selectmen they remove the current representative from the Zoning Board and appoint the representative as one of the following: as a voting member (and making an existing member an alternate), appoint as an alternate or appoint as a non-voting liaison between the Select Board and the ZBA. At the selectmen’s meeting they agreed that the representative should be an alternate and Kathy Grillo agreed to fulfill that position.
Eileen Murley continued if an alternate or member resigns or otherwise leaves the Board the person appointed as a replacement will fulfill the unexpired term of the original member or alternates.
Eileen Murley pointed out under quorum the wording has been changed to “if there are only three members present”.
Eileen Murley also received clarification on the sharing of e-mails with counsel. The attorney said although it is not prohibited - the board can retain attorney client privilege as long as the e-mail remains only among board members and staff, the danger is security of the internet and board members or staff could forward it to someone and that would sacrifice the attorney-client privilege. They could also print out the communication and someone else could read it. The following language was inserted “Sharing of communications with counsel via e-mail, while not prohibited is strongly discouraged. The forwarding to or reading by persons other than Board members, Alternates and support staff would cause the attorney-client privilege to be waived”.
David Brown asked if we needed to hold a public hearing regarding the rules of procedures.
Eileen Murley said yes – the Board would vote on it tonight and then have a public hearing at the June 20th meeting.
David Brown made a motion approve and bring the rules of procedure forward to the meeting in June.
Rick Duane seconded the motion.
Ed Tasker questioned the disqualification in the seconded paragraph; he didn’t feel a vote was necessary.
Rick Duane said it was advisory only.
Eileen Murley said the applicant could appeal regarding that issue.
A discussion ensued regarding this issue.
David Brown said he saw the wording somewhere.
Rick Duane pointed out the RSA in the Land Use Book - page 450.
The Board voted unanimously to approve the amendments made to the rules of procedure and hold a public hearing on June 20th.
OLD BUSINESS: Eileen Murley told the Board that the abutter fee schedule has been approved by the Selectmen at the public hearing on May 10th.
Ed Tasker commented that this situation came up 20 years ago – who was to do all the work. He thought the RSA stated the applicant was responsible.
Paula Vardaro said that most towns are doing it this way.
Ed Tasker agreed that this is the way it should be done. He asked what the other towns charge.
Paula Vardaro said anywhere from $11.00-$12.00.
Rick Duane made a motion to adopt the new fee schedule.
David Brown seconded the motion.
The Board voted unanimously to adopt the new fee schedule.
David Brown looked up the RSA and there was nothing stating who could do the preparation of the abutter’s notification.
CORRESPONDENCE: Eileen Murley read a letter from Bryan Bailey of the New Hampshire Land Surveyors Association. This letter stated “that many towns accept foundation certifications, certified plot plans, site plans, and other types of plans which show boundary lines with the seals of a professional engineer rather than a licensed land surveyor. The law is quite specific in that only licensed land surveyors or the Superior and Supreme Courts of New Hampshire can determine boundary lines. Without the signature and seal of a licensed Land Surveyor, the public has no certainty that the boundary is current, or that the plan depicts all appropriate dimensional information”.
Eileen Murley reminded everyone that the spring conference is in Manchester this year and they need to register if they’re interested in taking some training.
NEW BUSINESS: Eileen Murley informed the Board that Jim Kidder received permission to renovate his garage in 1999 after receiving a variance from the ZBA. The intention was to care for his mother. The Board apparently approved a variance for 2 residencies on the property, with the condition that when the care was no longer needed for his mother, the structure would be reverted back to a garage. Jim Kidder now wants to build a breezeway to make it a duplex. It doesn’t fit our criteria of a 1 bedroom accessory dwelling unit and it’s over 750 square feet. We have no proof that the variance was granted - the case file is missing there is no minutes. Apparently the recording secretary left unhappily never creating minutes from that meeting and the new replacement recording secretary didn’t know that minutes needed to be created or didn’t have notes. We have no minutes – and Jim Kidder doesn’t have any records either. All we have is Mark Sargents’ memory and he states (in an e-mail to Eileen Murley) that Jim Kidder did come before the Board a number of years ago to convert the garage into a residence to care for his mother. The variance was granted with the provision that when he was no longer caring for his mother the garage would revert back to a garage. The construction of the garage predated the Zoning Ordinance so a variance for the side set back would not be required.
Eileen Murley asked if the Selectmen would have ruled on this.
Mark Sargent said no, because it wasn’t a mobile home – Jim Kidder needed a variance from the Zoning Board for the residence.
Eileen Murley added that the building permit was issued in November 1999 by the building inspector Paul Richardson to renovate the garage. She added that no certificate of occupancy was ever issues. The question is how do we proceed?
Paula Vardaro stated that the case number is 118 which is missing from the file cabinet. All of the files and minutes were looked through and it hasn’t turned up.
A discussion ensued regarding mother-in-law trailers, mobile homes and certificates of occupancy.
Paula Vardaro pointed out that the notice that was sent out from the Zoning Board in October, 1999 specifically stated he was asking for a variance to have two residences on one lot.
Eileen Murley told the Board in another case, Bethal Builders came before the Board requesting an equitable waiver for the side setback, he really didn’t need it, but he wanted a clear title. This is basically the same issue.
Ed Tasker said Jim Kidder wouldn’t need an equitable waiver until he goes to sell the house.
They discussed the issuance of a building permit to make it a duplex and the septic system.
Ed Tasker said the original intent was for him to take care of his mother so if he moves out the residence needs to be converted back to a garage.
Rick Duane said there might be a lot of problems here especially if another family member wants to move in to take over the care of Jim Kidder’s mother.
Eileen Murley told the Board that she would contact LGC and see if they can advise her with this situation.
MINUTES FROM 4/18/11: David Brown made a motion to approve the minutes as written.
Rick Duane seconded the motion.
The Board voted unanimously to approve the minutes as written.
Eileen Murley asked Ed Tasker to leave the room in case there was any discussion of the non-public minutes.
The Board approved and signed the non-public minutes which were then sealed and put into a locked cabinet.
ADJOURNMENT: Rick Duane made a motion to adjourn the meeting.
David Brown seconded the motion.
Eileen Murley adjourned the meeting at 8:33 P.M.
Respectfully Submitted
Paula Vardaro
Recording Secretary
ZONING BOARD OF ADJUSTMENT
TOWN OF BARNSTEAD
APRIL 18, 2011
TOWN HALL @ 7:00 P.M.
ZBA Minutes from 4/18/11 Meeting
Approved as Written 5/16/11
CALL TO ORDER: Eileen Murley, chairman, called the meeting to order at 7:05 P.M.
ROLL CALL: Eileen Murley, chairman, Richard Duane, vice-chair, Kaye Alguire, David Brown, Mark Sargent, Francis Vardaro, Selectmen’s rep. alternate (arrived at 7:15 P.M.) and Paula Vardaro, recording secretary
ELECTION OF OFFICERS: Mark Sargent nominated Eileen Murley for chairman.
David Brown seconded the nomination.
David Brown made a motion to close nominations.
Kaye Alguire seconded the motion.
The Board voted unanimously - Eileen Murley as chairman
Mark Sargent nominated Rick Duane for the vice-chair position.
David Brown seconded the nomination.
David Brown made a motion to close the nominations.
Mark Sargent seconded the motion.
The Board voted unanimously – Rick Duane as vice-chair.
REVIEW OF THE RULES OF PROCEDURE: Eileen Murley told the Board that in looking over the rules of procedure and with the current resignation of our only alternate member, we didn’t have anything in the rules of procedure regarding alternates. She suggested adding this section: “Alternate members shall be appointed by the Board of Selectmen. As provided in RSA 673:6, the Board of Selectmen shall appoint not more than five alternates members to the Zoning Board of Adjustment”. Eileen Murley added she didn’t think we needed five alternates, but they would discuss this later. She has suggested that the Board of Selectmen appoint two alternates at this time. Other changes - on page 4 the notice section: the Barnstead Post office (s) will take the place of the Parade and Center Barnstead post offices. Under the personal notice certified mail “and return receipt” should be added. After meeting with the selectmen the issue was brought up why we need a return receipt. The RSA’s doesn’t require it, but we’ve always been doing it this way.
Mark Sargent agreed that that’s the way we’ve always done it. Mark Sargent asked about the voting of an ex-officio. The rules of procedure don’t address that and most towns don’t allow the ex-officio to have a vote.
A discussion ensued regarding the ex-officio vote.
Eileen Murley said we should work on some language to that affect.
David Brown told the Board he would look into it and let the Board know.
Mark Sargent questioned on page 2 – (5) quorum: the chairman “could” give the applicant – he would like the wording changed to say “must” give the applicant.
Mark Sargent continued if there are only 3 members present the chair has to give the applicant the option of postponing the hearing. If there are 4 members we don’t have to give the applicant the opportunity.
A brief discussion ensued regarding the wording of a quorum and the number of members present, also taking into consideration the abutters coming in for the hearing.
They agreed to state that if there are not more than 3 members then the chair must give the applicant a choice.
Mark Sargent offered to work on the wording for this.
Mark Sargent questioned the last page “communication with counsel cannot be shared via e-mail. This violates the attorney client privilege. He suggested we check with town council as to the accuracy of this statement.
Eileen Murley suggested making the modifications and addressing them at the next meeting before we hold a public hearing.
OLD BUSINESS: Eileen Murley told the Board that she wanted to review the fee rate adjustments. She requested that the following statement be entered into the minutes precisely. “In our November 15, 2010 meeting, the ZBA voted unanimously to request the Select Board to schedule a public hearing to adjust the fee schedule and notification process for abutter notifications for the ZBA. The Planning Board had already adjusted their fee structure and abutter notification process. The ZBA was requesting the adjustment so that our fee structure and notification process would be consistent with the Planning Board’s and so that our abutter notification process could enjoy the same efficiency improvements. As a result of that vote I sent a memo to the Select Board dated 11/16/2010 making the request. The request was for a public hearing for the rate adjustment. The Select Board denied the request in a memo dated 2/11/2011.
Elections in March 2011 gave us new members on the Select Board, so I sent a second request dated March 28, 2011. Paula and I met with the Select Board on 4/12/2011. This time, the Select Board approved our request and has scheduled a public hearing on the fee adjustment for 5/10/2011 at 7:00 p.m. I would like to offer a comment on our meeting with the Select Board. In an article about the last Planning Board meeting in last week’s Baysider, a question was asked of the Planning Board’s Select Board’s representative (who happens to be Kathy Grillo who is the ZBA’s Select Board representative also) what action the Select Board has taken with the Capital Improvement Plan that the Planning Board had submitted to the Select Board. Kathy’s response, as reported in the Baysider, was that the Select Board was so far behind in their work that they did not know where to start.
While Paula and I were happy to meet with the Select Board to answer any questions on the fee adjustment and abutter notification procedure, it struck me that this was a possible opportunity for the Select Board to enable a town department and the Board it supports to have a little autonomy to do their job. The request for a public hearing for the rate adjustment seemed to me to be a simple request and I wondered if the Select Board really needed to take a half hour of their meeting to meet with us? It is not my intention to make an issue of this, and I don’t expect a response, I am just throwing out the idea that the Select Board could avail themselves of the opportunity to allow town departments and other town Boards to function without that level of detailed oversight so they could free up more time for the Select Board to focus on other matters.
That being said, I want to point out that since we will be voting on the changes to our rules of procedure in our next meeting, which now will be postponed for another month because of the changes we have made tonight, and since that will be after the public hearing on the fee adjustment we may have the opportunity to include the fee adjustment in the revised Rules of Procedure at the time we take a vote.”
Rick Duane asked if the Selectmen have a say in the rates being set.
Eileen Murley said the Selectmen can set the rates for the Zoning Board because they appoint the Zoning Board. The Planning Board set their rates.
A brief discussion ensued regarding the length of time it took the previous Select Board to respond to the request of the Zoning Board.
Eileen Murley told the Board that there were two comments from a Select Board member that she thought were targeted in on the request. Has this procedure been successful with the Planning Board? The answer was yes and the other comment was - you seem to be using technology to improve your efficiency.
NEW BUSINESS: Eileen Murley handed out flyers for the spring conference on Saturday June 11, 2011 at the Radisson in Manchester, she urged everyone to attend. She added we are required by law to have training and registration is on line.
Eileen Murley told the Board the budget for printing and advertising was cut in half for this year. In previous years it was $500.00; it’s been cut to $250.00.
Eileen Murley reported that Jim Fougere submitted a letter of resignation to the ZBA on March 22, 2011, citing work conflicts. We sent him a letter thanking him for his service on March 28, 2011. Also on March 28, 2011 a memo was submitted to the Select Board requesting that they appoint two alternate members to the ZBA.
Eileen Murley stated when she met with the Select Board on April 12 she asked the status of the alternate members and was told there was nothing to report, so she asked that it be advertised for two alternates. She continued –We have received a memo dated April 13, 2011 appointing Edward Tasker as one alternate. But, after speaking with 4 members of the Select Board, 3 indicated that they had no recollection of any discussion regarding the appointment of Mr. Tasker as an alternate. She told the Board - David Kerr was extremely uncomfortable with the question. She added that the memo that was received was stamped with the selectmen’s signatures. So, as of right now, she questioned if the appointment is valid. David Kerr assured her that he would bring the issue up at tomorrow night’s Selectmen’s meeting. Eileen Murley said we may need to have some discussion as to how we should proceed from here. She posed a question to the Board Members: can you think of any residents we may approach and inquire about their interest in becoming an alternate?
There was no response from the Board.
Mark Sargent questioned the appointment of Mr. Tasker.
The Board went into Non-Public Session under RSA 91-A: 3 at 7:35 p.m. on a motion by Eileen Murley, seconded by David Brown with the following vote recorded, Mark Sargent, yes; Rick Duane, yes; Kaye Alguire, yes; and Francis Vardaro, yes. The Board came out of Non-Public Session at 7:48 p.m. and on a motion by Mark Sargent, seconded by Francis Vardaro, the Board unanimously voted to seal the minutes of that meeting.
Eileen Murley again questioned the validity of the appointment of Edward Tasker and the April 13th memo.
Bob LaRoche understood her concerns and would look into having an add put into the paper.
David Brown and Rich Duane agreed that an article should be put into the paper.
The Board agreed if the Selectmen sign the appointment they will accept it.
MINUTES FROM 11/15/10: Kaye Alguire made a motion to approve the minutes as written.
Rick Duane seconded the motion.
The Board voted unanimously to approve the minutes as written with Mark Sargent abstaining.
ADJOURNMENT: David Brown made a motion to adjourn the meeting.
Mark Sargent seconded the motion.
Eileen Murley adjourned the meeting at 7:55 P.M.
Respectfully Submitted
Paula Vardaro
Recording Secretary
ZONING BOARD OF ADJUSTMENT
TOWN OF BARNSTEAD
TOWN HALL
NOVEMBER 15, 2010 @ 7:00 P.M.
MINUTES
Zoning Board of Adjustment Meeting 11/15/10
Approved as Written 4/18/11
CALL TO ORDER: Eileen Murley, chairman, called the meeting to order at 7:04 P.M.
ROLL CALL: Eileen Murley, chairman, Rick Duane, vice-chair, Kaye Alguire, David Brown, Kathy Grillo, selectmen’s rep, James Fougere, alternate and Paula Vardaro, recording secretary
Eileen Murley asked James Fougere to sit in for Mark Sargent as a voting member.
Eileen Murley read: Case No. 1010-200: Cheryl Allaire, 131 Cann Road, Map 28, Lot 16, is requesting two variances: Article 4, Section 2.07 for a shoreline setback and Article 4 Section 2.04 for a front setback. The applicant proposes to re-construct a dwelling that will not meet the required shoreline and front setbacks as set forth in the Town of Barnstead Zoning Ordinance.
Brian Allaire introduced himself as Cheryl Allaire’s son, representing her in this case.
Eileen Murley asked Brian Allaire to go through his application explaining to the Board the reasoning behind his request. She went through the rules of procedure explaining the process of the hearing. Eileen Murley added that if they needed more information or want to see property they may decide not to render a decision tonight.
Brian Allaire said the camp was owned by his grandfather in 1953 on Suncook Lake. He said the house is 378 square feet with a 98 square foot attached deck. The deck now is 9’ off the water. It is an extremely unique lot. They are trying to make it more conforming with the State and Town requirements. The well and septic have been placed where they have to be because of the lot. They have received all State approvals for these as well as from the D.E.S. Shoreline Protection Act. They are requesting a variance from the 50 foot setback from the road, they can’t move the camp any further back because the road actually goes through the property. If they moved the camp back to meet the setbacks it would be in the lake. Right now the camp is 9 feet from the lake. The new house is being proposed for 18 feet from the lake for which they are requesting the variance. Brian Allaire went through the five criteria emphasizing that they will be making everything more conforming. They would be putting in culverts were needed, there will be no infringement on anyone’s property and the traffic will be at a minimum. The new dwelling is a replacement; it will also be safer and would look better than the old camp.
The plan calls for planting of trees and shrubs which they are going to do. Brian Allaire showed the Board pictures from all direction of the camp. He said that they are conforming to all of the Shoreline Protection Act requirements. He commented that the hill behind them would hold the tank – he referenced the elevations on the plans– there was no place else to put the septic tank. They re-worked the catch basin. He added that Cann Road runs straight through the property. He pointed out the old setbacks and the proposed new ones; adding that the shed that’s on the property will be removed. Brian Allaire also pointed out the septic, leach field and the dug well.
Bob deRose, the contractor, said they would be working on the road installing ditches and proper drainage. The engineer shows (on the plans) the run-off with drains and a leeching pit that will be installed in place. He added that the structures will be sound and safe. The maintenance of the road will be much better.
James Fougere asked if the catch basin is going into the dry well.
Brian Allaire said the catch basin is basically a culvert.
James Fougere asked where it was going to end up.
Brian Allaire showed on the plans just where they will rework it and plant shrubs etc.
Eileen Murley asked Brian Allaire for the criteria for the second variance.
Brian Allaire said it was exactly like the first one except that they are asking for a variance for the front setback of 50’ from the right-of-way. To become nearly conforming it becomes a slight encroachment to the right-of-way. He pointed out on the plans the current situation and the proposed. To meet the first variance the second needs to be closer to the road.
Rick Duane asked if he owned that part of Cann Road.
Brian Allaire said yes he thought they owned that part.
James Fougere asked if it were a delineated right-of way or does it just go through the property.
Brian Allaire said the deed includes the right of way.
Eileen Murley asked - if he owns the right-of-way - does he actually need a variance for the front setback. She read the language of the ordinance – it specifies the right-of-way, but doesn’t say if it was town owned or owner owned.
Rick Duane asked how many time does a land owner actually own the right-of-way. It’s not very common.
James Fougere said it doesn’t have bounds.
David Brown said he could actually move the road if he wanted to. He also asked if Brian Allaire needs to get the variance.
Rick Duane said yes, he should just in case he ever wants to sell the property.
The Board agreed that was an interesting question.
Eileen Murley said the Board should cover themselves by granting it and have the language of the approval tied specifically to the location of the right-of-way as shown on the plans.
Rick Duane asked if the septic system has been approved.
Brian Allaire said yes it has.
Eileen Murley opened the public hearing at 7:35P.M.
No Comments were given.
Eileen Murley closed the public hearing at 7:36 P.M.
Brian Allaire told the Board he has been working on this project for a long time. He knew that the camp was old and knew it had to be rebuilt. He researched the setback requirements, non-conforming lots and the right-of-way. The camp will be just enough to support the family – he’s not building a huge house to replace it.
Rick Duane said it would add to the property values and makes a tough lot easier, it will look much better.
James Fougere said it was a difficult lot
Eileen Murley suggested voting on each variance separately. The first requesting the relief from the 50 foot shoreline protection act.
David Brown made a motion to allow the petitioner the variance of the 50 foot setback to allow the new seasonal camp to be built within the 50 foot buffer according to the plans that have been submitted to the Board.
Kaye Alguire seconded the motion.
The Board voted unanimously to approve the variance.
Eileen Murley asked for a motion on the second variance and we will fill in the specific language tied to the 50 foot setback to the right-of-way shown in the plans.
Dave Brown made a motion to waive the distance required from the roadway to the house according to the plan as shown by the roadway on the plan.
Rick Duane seconded the motion.
The Board voted unanimously to approve the variance.
Eileen Murley told the applicant he has been granted both variances as described and thanked him. She also told him that the decision will be issued within 5 days, but any party has the ability to appeal the decision within 30 days.
OLD BUSINESS: No old Business
NEW BUSINESS: Paula Vardaro informed the Board that the Planning Board has adopted a new fee of $12.00 per abutter. She explained the process of the applicant doing the abutters notices and found that they didn’t complete the process correctly. Paula Vardaro told the Board she has to do half the job anyway and go over all the envelopes that the applicants do – which sometimes is incomplete – so she has to re-do or fill in where information is missing. She asked if this was something the Zoning Board would consider. This way the fees would be uniform. She added that if the Board agrees with this – the selectmen must hold the public hearing so the fees can be adjusted, because the Zoning Board is appointed by the selectmen.
Eileen Murley added that it would be less confusing to the applicants if the fees were the same.
Kathy Grillo asked if this is an increase to the work.
Paula Vardaro assured her that it would actually cut down the work.
David Brown asked what approval the Board could provide.
Paula Vardaro said just the Boards approval so that it can be presented to the selectmen.
Eileen Murley said even though she didn’t think we needed a vote, she recommended they take a vote for the record.
David Brown made a motion to approve the recommendation for the selectmen to change the fee schedule for the abutters list.
Rick Duane seconded the motion.
Eileen Murley asked Kathy Grillo how they should proceed should they send a letter.
Kathy Grillo agreed that a letter send to the selectmen would be good – this way they can discuss the issue and then schedule the public hearing.
MINUTES FROM 6/21/10: David Brown made a motion to approve the minutes as written.
Rick Duane seconded the motion.
The Board voted unanimously to approve the minutes as written.
ADJOURNMENT: Rick Duane made a motion to adjourn the meeting.
David Brown seconded the motion.
Eileen Murley adjourned the meeting at 7:52 P.M.
Respectfully Submitted
Paula Vardaro
Recording Secretary
ZONING BOARD OF ADJUSTMENT
TOWN OF BARNSTEAD
TOWN HALL
JUNE 21, 2010 @ 7:00 P.M.
MINUTES
ZBA Minutes from 6/21/10 Meeting
Approved as Written 10/15/10
CALL TO ORDER: Mark Sargent, chairman, called the meeting to order at 7:00 P.M.
ROLL CALL: Mark Sargent, chairman, Eileen Murley, vice-chair, Kaye Alguire, Rick Duane, David Brown, David Kerr, selectmen’s rep. alternate, James Fougere, alternate and Paula Vardaro, recording secretary
Mark Sargent stated he would recused himself from the case before them this evening stating his company was responsible for the land survey portion of this case. He asked James Fougere if he would sit in for him.
ELECTION OF OFFICERS: Mark Sargent stated that he has been chairman for many years and is ready to step down. Mark Sargent nominated Eileen Murley as chairman.
David Brown seconded the nomination.
Mark Sargent asked for a motion to close nominations.
David Brown made a motion to close nominations.
James Fougere seconded the motion.
Mark Sargent asked the Board for a voice vote. The Board voted unanimously on the motion for Eileen Murley as chairman.
Eileen Murley accepted the nomination.
Eileen Murley asked for nomination for vice-chair.
Mark Sargent nominated Rick Duane as vice-chair.
David Brown seconded the motion.
Rick Duane accepted the nomination.
Mark Sargent made a motion to close the nominations.
Kaye Alguire seconded the motion.
Eileen Murley asked the Board for a voice vote. The Board voted unanimously on the motion for Rick Duane as vice-chair.
Eileen Murley read: CASE No. 0510-199: Jean Eastman, 79 South Barnstead Road, Map 20, Lot 13, is requesting a variance to Article 3, Section 3-3.01 to build a garage 11.78’ and 10.54’ from the sideline. It doesn’t meet the sideline set back of 15’ as required by the Town of Barnstead Zoning Ordinance.
Judy Forsyth told the Board that she was representing the applicant Jean Eastman.
Eileen Murley explained the procedure of the ZBA hearing; present the issue, the reading of the 5 criteria and explanation, Board questions, a public hearing with comments and then the Boards deliberation.
Judy Forsyth told the Board that the existing house will be torn down and replaced with a doublewide modular home and an attached garage. The new home will be placed further back from the road than the current house and garage. She pointed it out on the drawings.
Judy Forsyth read the 5 criteria from the application.
Eileen Murley asked the Board if there were any questions.
James Fougere wanted clarification; he asked what was actually happening, he didn’t think it was clear.
Judy Forsyth said the double wide would be replacing the existing home, only it would be moved back further on the lot.
Eileen Murley said the garage and house would be set further back than the current one. She asked if the dimensions of the current garage were available.
Judy Forsyth said she didn’t have those dimentions.
Mark Sargent stated that they are looking for less than 10’.
Eileen Murley opened the public hearing at 7:13 P.M.
Mark Sargent said he is a resident of Maple Street and stated that the town makes provisions for front and back setbacks but not side setbacks in the village district. By granting this variance it would benefit the neighborhood. The Zoning Board really should look into the Zoning Ordinance and amend them for the village district.
Eileen Murley closed the public hearing at 7:15 P.M.
Eileen Murley asked if the Board had any further questions.
Rick Duane commented that moving the house back would improve the neighborhood.
David Brown made a motion to grant the variance as requested.
Kaye Alguire seconded the motion.
The Board voted unanimously to grant the variance as requested.
Eileen Murley told the applicant that she would receive notice of the decision within 5 days. As with any decision there is a 30 day appeal period, where anyone can appeal this decision.
Mark Sargent returned to the Board.
OLD BUSINESS: Mark Sargent asked if Michael Farinola had contacted the Board or if a letter had been sent to him regarding the Parade Road property.
Paula Vardaro said that he sent an e-mail acknowledging the fact if he wanted the Board to rehear his case he would have to resubmit a new application.
David Brown said that the Zoning Ordinance has been changed since he first submitted his application.
David Brown asked if Robert Young had pulled a building permit for his new house.
Paula Vardaro told him – no he hasn’t, but he did pick up a building packet.
NEW BUSINESS: None
CORRESPONDENCE: None
MINUTES FROM 11/16/09: Mark Sargent made a motion to approve the minutes as written.
David Brown seconded the motion.
The Board voted unanimously to approve the minutes as written
ADJOURNMENT: Mark Sargent made a motion to adjourn the meeting.
Rick Duane seconded the motion.
Eileen Murley adjourned the meeting at 7:30 P.M.
Respectfully Submitted
Paula Vardaro
Recording Secretary
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