ANTRIM ZONING BOARD OF ADJUSTMENT
June 21, 2005 meeting
Members Present:
Doug Crafts John Kendall Len Pagano Frank Scales Tim Quachenbush Paul Young
Member Absent:
Carol Court Don Winchester
Public attendees:
Paula Bishop Albert Niven Chris Boucher Michael Boucher
Walker Boyle
Vice Chairman Young opened the meeting at 7:00 pm by appointing Mr. Quachenbush to sit for Mr. Winchester. The members reviewed the information for the pending public hearings. At 7:30 pm, Mr. Young had the members of the board introduce themselves and opened the public hearing on the request of Paula & William Bishop which was posted for a variance to Article VII Section C.3.f for property located at 11 Gregg Lake Road, Antrim, NH 03440 Tax Map 5 Lot 12 in the Rural District. The applicant proposes to operate an Architectural Salvage Warehouse and Retail Business as a non-resident of the property. The secretary stated that the referenced Article in the public notice was in error and the applicable ordinance for which the variance was required was Article XIV Supplemental Regulations, Paragraph P. Home Occupation or Home Based
Businesses, item #1; “Conducted solely by resident members of the immediate family…” The secretary also clarified for the board and the attendees that the board was to rule only on the specific ordinance which required home businesses to be operated by on site residents. It was not in the jurisdiction of the zoning board to take into consideration the suitability of the proposed business or the manner in which it would be conducted. Should the variance be granted, the applicant would then be required to apply to the Planning Board for a Change of Use and Minor Site Plan Review. The Planning Board would take into consideration all the factors regarding the conduct of the business before determining whether to approve or disapprove the application.
Ms. Bishop presented her plans for the proposed business. She indicated that she had received approval for and had been conducting a storage facility business on the site for a number of years. She currently wished to establish a facility to collect and sell architectural items reclaimed from homes which had been demolished or refurbished. Ms. Bishop indicated that even though she did not reside on the property, her residence was on White Birch Point and it was necessary for her to pass by the property on Gregg Lake Rd. on a daily basis. She summarized her comments in her written application wherein she addressed the five criteria for granting a variance. Mr. Young asked for abutter’s comments either for or against the application. Mr. Boucher expressed concern about the storage of items outside the building. Mr. Boyle had submitted a
letter to the board wherein he expressed concerns about items being dumped resulting in a “junkyard” appearance, possible signage, usage of his driveway for a turnaround and a deterioration of the rural characteristic of the neighborhood. Ms. Boucher said she didn’t care if Ms. Bishop lived on the property and her only concern was the appearance and amount of traffic. The secretary reiterated his comments that these concerns would be dealt with by the Planning Board during the Site Plan Review. Mr. Kendall felt that he did not see how the board could deny the applicant’s request to operate the business as a non-resident since permission had previously been granted by default. He moved that a roll call vote be held on the five criteria for granting a use variance. Mr. Scales seconded the motion which passed. Roll call.
1. The proposed use would not diminish surrounding property values. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
2. Granting the variance would be of benefit to the public interest. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
3. Denial of the variance would result in unnecessary hardship to the owner because of special circumstances of the property that distinguish it from other properties similarly zoned. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
4. Granting the variance would do a substantial justice. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
5. The use is not contrary to the spirit of the ordinance. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
Ms. Bishop was advised that the variance had been granted and that the next step would be for her to apply to the Planning Board for a Change of Use and Minor Site Plan Review.
The next order of business was the public hearing on the request of Albert & Nancy Niven for variances to Article VIII Section C.3 and C.4 for property located at 61 Winkleman’s Point, Antrim, NH 03440 Tax Map 7A Lot 24 in the Lakefront Residential District. The applicant proposes to site a garage within the 50-foot front yard setback and within the 20-foot sideline setbacks. Mr. Niven stated that the property was on a private road. In his opinion, it wasn’t even a road but a glorified driveway. He said that the lot sloped down to the lake and that the only level area where he could site a garage was between the cottage and the road. There was some discussion as to what final distances to the property lines would be. Mr. Niven felt that the garage could be sited to be 25 feet from the road and 15 feet to the western boundary
line. He indicated that there wasn’t any other level spot on the lot where the garage could be placed because of the steep slopes. . Mr. Young reminded the members that a variance had been granted to the Kelly’s (who abut Mr. Niven) at a previous board meeting for a similar request to site their garage within the front and side yard setbacks. Mr. Kendall felt that in view of that decision it wouldn’t be appropriate to deny essentially the same request from Mr. Niven. There was some discussion regarding the adequacy of the garage to house two cars. Based on the topography of the property, Mr. Pagano moved to conditionally approve the request for the variances and called for a role call vote. Mr. Crafts seconded the motion. The following conditions apply. 1. The garage shall not be sited closer than 15 feet to the side property line of Lot 7A-025. 2. The garage shall not be sited closer than 25 feet to the road right of way. Roll call:
1. The proposed use would not diminish surrounding property values. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
2. Granting the variance would be of benefit to the public interest. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
3. Denial of the variance would result in unnecessary hardship to the owner because of special circumstances of the property that distinguish it from other properties similarly zoned. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
4. Granting the variance would do a substantial justice. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
5. The use is not contrary to the spirit of the ordinance. Role call vote: Mr. Scales - aye, Mr. Quachenbush - aye, Mr. Pagano - aye, Mr. Kendall - aye.
Mr. Niven was advised that the variance was granted and it was necessary that he obtain a building permit before beginning any construction.
Mr. Pagano moved to approve the minutes of the May 3, 2005 meeting. The motion was seconded by Mr. Crafts and passed. Mr. Scales made a motion to adjourn which was seconded by Mr. Quachenbush and passed. Mr. Young adjourned the meeting at 8:40 pm.
Respectfully submitted,
Paul L. Vasques, Secretary
Antrim Zoning Board of Adjustment
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