ANTRIM ZONING BOARD OF ADJUSTMENT
January 20, 2009 Board Meeting
Members & Staff Present: Diane Chauncey Doug Crafts John Giffin
Ron Haggett John Kendall Len Pagano Frank Scales
Paul Vasques Paul Young
Members & Staff Absent: Don Winchester
Public Attendees: Leslie Belliveau
Public Meeting: Chair Kendall convened the meeting at 7:18 pm. Chair Kendall introduced the Board and Staff.
7:15 Public Hearings:
Leslie Belliveau - Use variance to allow a residential dwelling in an existing commercial structure (Antrim Mills Corp.) on property located at 42 Main Street: Chair Kendall requested that Mr. Vasques read the Public Notice aloud, which follows: Notice is hereby given that the following public hearing will be held at 7:15 p.m., Tuesday, January 20, 2009 at the Antrim Town Hall concerning the request of Leslie Belliveau for a use variance from Article IV, Section B.1. of the Town of Antrim Zoning Ordinance to allow a residential dwelling in an existing commercial structure (Antrim Mills Corp.) on property located at 42 Main Street (Tax Map 104, Lot 106) in Antrim, NH 03440 in the Village Business district. You are invited to appear in person or by agent or counsel to state reasons why you think this request should or should not
be granted. Written concerns should be submitted to the Antrim Town Office prior to the meeting. The application and supporting documents are available for review at the Antrim Town Offices Monday through Thursday 8:00 A.M. to 4:00 P.M.
Chair Kendall asked Ms. Belliveau to present her proposal. She referred to the 28-condominium unit plan (from File #2004-03ZBA in which the location of the proposed living space was described in reference to Great Brook, Main Street, and the Teen Center (Avenue A). A door is intended to be constructed in the area next to the Teen Center which would give the living space two egresses. Mrs. Belliveau discussed the sketch in the packet that showed her concept of the proposed living space. She explained the uniqueness of the Antrim Mills Building because of the way in which the building was constructed on a hill and actually obscures much of the first floor (but that also calms the Route 202 traffic noise). The proposed living space could become office space in the future. The Belliveaus feel that Main Street is presently a mixed-use street and
they feel that their proposal of a living space maintains the mixed-use spirit. Chair Kendall asked if there were any further questions concerning the proposal. There were none.
Public Hearing: Chair Kendall closed the public meeting, opened the public hearing, and asked if there were any abutters who would like to speak in favor of the proposal. There were none. Any abutters in opposition? There were none. There was no letters or phone calls, either for or against the proposal. There was one abutter (Mr. Neff) who came to Town Hall concerning the nature of the proposal - but he had no further comments. Mr. Vasques said that all abutters had been sent letters and all certified letter receipts had been returned. Chair Kendall asked if Mrs. Belliveau had any further comments. Mr. Young motioned the closing of the Public Hearing; it was seconded by Chair Kendall, and unanimously voted by all. Chair Kendall closed the public hearing and reopened the public meeting for the Boards’ deliberation period.
Deliberation: Chair Kendall asked for questions or comments from the Board members:
· Mr. Giffin thought that the applicant was proposing a similar use to a previous proposal - why was it necessary to come before the Board again.
· Chair Kendall explained that it was a similar use but the use was in a different part of the building
· Mr. Young felt that the request was similar to other mixed use properties in the Village Business district.
· Mr. Pagano said that standard town procedures – building permit, fire separation, code interpretations, etc. for a mixed use concept should be followed.
· Ms. Belliveau added that a sprinkler system had been previously installed.
The Board members discussed the conditions that may apply the application. Once the application is granted, the applicant could possibly construct multiple apartments without returning to the Zoning Board of Adjustment. There was a discussion of the lack of the term “Mixed Use” in the Village Business District. The application for the Use Variance was necessary because apartments and office space are both principal permitted uses in Article IV, Section 1. Mr. Pagano asked if the Belliveaus would have the latitude to create the same use on multiple levels of the existing building (3 floors).
The Board members considered the various aspects of the application carefully. Mr. Vasques read the five criteria of a Use Variance that should be considered in granting/denying the applicant’s request. The consensus of the members is shown in italicized type.
1. The value of the surrounding property will not be diminished. – “Not a problem”
2. The variance will not be contrary to the public interest. - “Not a problem”
3. Special conditions exist such that the literal enforcement of the ordinance results in unnecessary hardship as follows:
a. The zoning restriction as applied interferes with a landowner’s reasonable use of the property, considering the unique setting of the property in its environment. - “Not a problem”
b. No fair and substantial relationship exists between the general purposes of the zoning ordinances and the specific restrictions on the property. “ Agreed”
c. The variance would not injure the public or private rights of others. – “Agreed”
4. Substantial justice would be done. - “Agreed”
5. The variance is consistent with the spirit of the ordinance. - “Agreed”
Mr. Giffin made the motion to vote on granting or denying the Belliveau application. Mr. Pagano seconded it.
Roll call vote: Mr. Giffin, aye; Mr. Pagano, aye; Chair Kendall, aye; Mr. Young, aye; Mr. Crafts, aye.
There was a short discussion on the conditions that would apply to the approval. It was decided that the 3 standard conditions would apply, as well as a 4th condition regarding mixed use on the 3 floors of the Antrim Mills Corp building. The decision will read as follows.
Move to approve, with conditions, the request of the request of Leslie Belliveau for a use variance from Article IV, Section B.1. of the Town of Antrim Zoning Ordinance to allow a residential dwelling in an existing commercial structure (Antrim Mills Corp.) on property located at 42 Main Street (Tax Map 104, Lot 106) in Antrim, NH 03440 in the Village Business district.
The following conditions apply to this approval:
Zoning Board of Adjustment requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated January 20, 2009 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant is to obtain a building permit for any construction or alteration and adhere to all building, health and fire codes.
The applicant shall obtain any necessary state and/or federal permits required for this proposal.
The use variance applies to all levels of the building footprint as shown in the drawing dated January 20, 2009 submitted with the application and specifically the three stories of that portion of the building noted as 3 s Br/B consisting of 2,280 square feet as shown on the property card for parcel #104-106.
Roll call vote: Mr. Giffin.aye; Mr. Pagano, aye; Chair Kendall, aye; Mr. Young, aye; Mr. Crafts, aye.
The Use Variance request was GRANTED. A Notice of Decision signed and endorsed by the Chair with the above-mentioned four conditions, will be sent to Mrs. Belliveaus within 144 hours of the end of the meeting.
The Chair adjourned the meeting for 5 minutes to review correspondence.
Approval of the Zoning Board of Adjustment Meeting Minutes: Chair Kendall requested that Ms. Chauncey read the December 16, 2008 minutes - specifically the portion regarding the Falcigno Carport (Case # 2008-18ZBA). After that section was read, the Board was satisfied with the minutes as corrected (the corrections were typos or grammatical errors – no content corrections). Mr. Crafts made the motion to approve the December 16, 2008 meeting minutes as corrected. Mr. Young seconded it. The minutes were unanimously approved.
Motion for Rehearing:
Request for Rehearing of Case No. 2008-18ZBA Falcigno Variance: Chair Kendall called the members attention to a motion for rehearing of the Falcigno case submitted by Attorney Rattigan on behalf of Mr. & Ms. David Hall. At that point Mr. Vasques stated that he had to recuse himself from the table as he had acted as an agent for Mr. Falcigno when the ZBA heard the case.
Chair Kendall explains the procedure for the rehearing:
Within 30 days after the board of adjustment has made an initial decision, any person affected directly by the decision has the right to appeal that decision. The 30-day window within which a motion for
rehearing must be submitted is mandatory and strictly enforced. (From NH OEP Zoning Board or Adjustment Handbook)
Board members were assured by the Staff that proper procedures had been followed.
Chair Kendall continued to explain the following:
In order to submit a motion for rehearing, a person must have Standing, i.e., the legal right to challenge the board’s decision. Abutters, persons who own property close enough to the land in question to demonstrate that they are affected directly. When a Motion for Rehearing is received,
the board must decide to either grant the rehearing or deny it within 30 days. [677:3, II] (From NH OEP Zoning Board or Adjustment Handbook).
The question before the Board – Is there enough new information provided in the motion to rehear Case# 2008-18ZBA? Members discussed the points made in the motion to determine if there were grounds for a rehearing.
Mr. Young made the motion to allow a rehearing of Case #2008-18ZBA (Paul & Theresa Falcigno – Area Variance) because Beverly and David Hall have the legal right to question the Board’s decision based on RSA 677:3 Mr. Giffin seconded it. Roll call vote: Mr. Giffin.aye; Mr. Pagano, aye; Chair Kendall, aye; Mr. Young, aye; Mr. Crafts, aye.
Business Meeting: At this Point Mr. Vasques rejoined the Board.
Revised Roster --Make necessary changes – will review at next ZBA meeting
Correspondence
Training Session: Public Hearings – Everything you wanted to know, and More - FYI
New Business from the floor?
None
Mr. Pagano made a motion to adjourn, which was seconded by Mr. Young and unanimously approved by the Board. Chair Kendall adjourned the meeting at 9:20 pm.
Respectfully submitted,
Diane M. Chauncey, Planning Assistant,
On Behalf of the Antrim Zoning Board of Adjustment
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