ANTRIM ZONING BOARD OF ADJUSTMENT
March 30, 2010 Meeting
Members & Staff Present: Diane Chauncey (Staff) Doug Crafts (Member)
John Giffin (Member) Ron Haggett (Member) John Kendall (Chair)
Peter Moore (Planner) Frank Scales (Member) Don Winchester (Alternate)
Members & Staff Absent:
Don Winchester (left after Election)
Public Attendees:
Shelly Nelkens(Resident) Peter Burwen (Resident)
Joyce Davis (Applicant)
Tom Davis (Applicant)
Scott Burnside (Contractor)
Lori Davis (Applicant)
Phyllis Ledgerwood (Resident)
7:00 Review Session:
Review Minutes of January 26, 2010
Review materials for meeting
7:15 Public Meeting:
Election of Officers
Chair Kendall opened the meeting at 7:15, introduced himself and the Board. He welcomed Mr. Haggett's return to the ZBA (after cardiac rehab). Mr. Haggett agreed that he was glad to be back.
Election of Officers:
Mr. Crafts nominated Mr. Kendall as Chair. Mr. Haggett seconded. Nomination accepted. Vote: Unanimous in favor of Mr. Kendall.
Mr. Crafts nominated Mr. Giffin as Vice-Chair. Mr. Haggett seconded. Nomination
accepted. Vote: Unanimous in favor of Mr. Giffin.
Current Terms of Board Members and Alternates:
Member Term Ends Appointment Notes
John Kendall Member March 2012 Reappointed April 1, 2009 to March 31, 2012
John Giffin Member March 2011 Appointment April 7, 2008 to March 2011*
Douglas Crafts Member March 2011 Appointment April 7, 2008 to March 2011*
Ron Haggett Member March 2012 Appointment April 16, 2009 to March 2012**
Frank Scales Member March 2012 Appointment April 7, 2008 to March 2012***
Don Winchester Alternate March 2011 Appointment April 7, 2008 to March 2011****
* Appointed from Alternate to Member
** Appointed to replace Len Pagano – Resigned Spring 2009 - Last meeting 3/3/2009
*** Reappointed from Member to Alternate April 7, 2008 – Appointed to replace
resigning Member Paul Young, who’s term was slated to end March 31, 2012
**** Reappointed from Member to Alternate April 7, 2008
Public Hearing to consider two AREA VARIANCES and one SPECIAL EXCEPTION as requested by Thomas, Joyce & Lori Davis, and described as such below:
1.Special exception from Article XIII, Section D. 6. for an accessory living unit in an existing non-conforming structure within the minimum fifty-foot setback from the street or road right-of-way line on property located at 6 Jackman Shores Road (Tax Map 201 Lot 18) in Antrim, NH in the Lakefront Residential and Shoreland Protection District.
2. Area variance from Article VIII, Section C.2. to permit the construction of an addition and an accessory living unit on an existing non-conforming lot with a minimum lot width of 200 feet on property located at 6 Jackman Shores Road (Tax Map 201 Lot 18) in Antrim, NH in the Lakefront Residential and Shoreland Protection District.
3. Area variance from Article VIII, Section C.3. to permit the construction of an addition on an existing non-conforming structure within the minimum fifty-foot setback from the street or road right-of-way (row) line on property located at 6 Jackman Shores Road (Tax Map 201 Lot 18) in Antrim, NH in the Lakefront Residential and Shoreland Protection District.
Chair Kendall asked Mr. Moore if there had been any correspondence regarding the proposal. There had been none. All registered letters were returned. Mr. Moore read the Public Notice, which included the two variances and special exception as listed above.
Chair Kendall asked the applicant to present his proposal.
Tom Davis introduced himself, wife, and sister. He presented his proposal for an accessory living unit (a Special Exception is required in the Lakefront Residential District) and an addition to the existing structure (two variances required for the setback from the right-of-way and the width of the lot). Some of the items Mr. Davis presented:
· Property is owned by all three - Tom, Joyce, Lori Davis
· Their goal has been for all to live together
· Garage will become the accessory living unit
· Shoreland Protection Permit approved – no waivers needed
· New septic system to be constructed
· Entire row is owned by the Davis – although completely owned by them, and they do not see a necessity for the setback - they wish to do everything properly
· Looking for relief – the accessory unit internal stairway "does not work for them"
· Bioretention pond – because of size of lot – the bio pond is necessary - A DES requirement - will be installed by Landsite, LLC
· Two other structures on the right-of-way are less than 14' from the right of way
The Board discussed the plot plan, the addition, the row (Deed lists the clarity of the ownership of the right-of-way with measurements.), the internal stairway, the square footage of the accessory living unit. All of the information was on the plans - that the Board reviewed.
The Davis will comply with all conditions in Article XIII D.6. (a. - n.) Accessory Living Units, with the exception of "g."
A waiver for "g." was agreed upon as a Condition of Approval (COA) - the Board had reviewed the plans and determined that "at least one common interior access between the principal dwelling unit and the accessory living unit will be provided" will not be required.
Public Hearing:
Chair Kendall opened the Public Hearing by asking for responses to the following:
Any abutters in favor of the proposal: None
Any abutters not in favor of the proposal: None
Any public attendees in favor of the proposal: Scott Burnside, Lori Davis, Shelly Nelkens
Any public attendees not in favor of the proposal: None
Chair Kendall closed the Public Hearing.
There was no further discussion of the proposal.
The Board chose to vote on each aspect of the proposal separately.
Special Exception for the Accessory Living Unit
Mr. Haggett moved to approve the application for a Special Exception (from Article XIII, Section D. 6. for an accessory living unit in an existing non-conforming structure within the minimum fifty-foot setback from the street or road right-of-way line on property located at 6 Jackman Shores Road (Tax Map 201 Lot 18) in Antrim, NH in the Lakefront Residential and Shoreland Protection District.) with the three standard conditions of approval and one additional condition of approval which waived Section D.6.g. for the requirement of an internal access.
Mr. Scales seconded the motion. The Board voted in favor of the motion. A roll call vote was taken.
Roll Call Vote:
Name |
Yes |
No |
Doug Crafts |
x |
|
John Giffin |
x |
|
Ron Haggett |
x |
|
John Kendall |
x |
|
Frank Scales |
x |
|
Don Winchester |
|
|
The Special Exception was GRANTED.
Variance - Lot Width
Mr. Giffin moved to approve the application for a variance (from Article VIII, Section C.2. to permit the construction of an addition and an accessory living unit on an existing non-conforming lot with a minimum lot width of 200 feet on property located at 6 Jackman Shores Road (Tax Map 201 Lot 18) in Antrim, NH in the Lakefront Residential and Shoreland Protection District), with three standard conditions of approval.
Mr. Scales seconded the motion. The Board voted in favor of the motion. A roll call vote was taken.
Roll Call Vote:
Name |
Yes |
No |
Doug Crafts |
x |
|
John Giffin |
x |
|
Ron Haggett |
x |
|
John Kendall |
x |
|
Frank Scales |
x |
|
Don Winchester |
|
|
The Variance for lot width was GRANTED.
Variance - Right of Way
Mr. Giffin moved to approve the application for a variance (from Article VIII, Section C.3. to permit the construction of an addition on an existing non-conforming structure within the minimum fifty-foot setback from the street or road right-of-way line on property located at 6 Jackman Shores Road (Tax Map 201 Lot 18) in Antrim, NH in the Lakefront Residential and Shoreland Protection District), with the three standard conditions and one additional condition that the setback is granted no less than 25' from the South edge side of the Right of Way.
Mr. Scales seconded the motion. The Board voted in favor of the motion. A roll call vote was taken.
Roll Call Vote:
Name |
Yes |
No |
Doug Crafts |
x |
|
John Giffin |
x |
|
Ron Haggett |
x |
|
John Kendall |
x |
|
Frank Scales |
x |
|
Don Winchester |
|
|
The Variance for the right-of-way was GRANTED.
Mr. Moore informed the applicants that a Notice of Decision would be written within five business days.
Business Meeting:
Consider request by Antrim Wind Energy, LLC, to postpone REHEARING of Case 2009 – 02ZBA, as GRANTED to Richard Block, et al, by the ZBA on December 1, 2009. This Rehearing was originally scheduled for February 16, 2010 but was rescheduled and re-noticed April 6, 2010 due to a snowstorm on that date.
Two future meetings concerning Antrim Wind Energy, LLC are scheduled for the Zoning Board of Adjustment. The Board members discussed their roles in the upcoming Rehearing and the Appeal to an Administrative Decision from the Planning Board decision of March 18, 2010.
The discussion was lengthy. Some of the items discussed included the numerous parties involved (Board, Town Counsel, Antrim Wind Energy, LLC, their lawyers, the abutters, their lawyers, etc), the RSAs to read, understand, and interpret, the past meetings of both the ZBA and the Planning Board, the multiple correspondences that have gone back and forth, the passionate emotions of opposing parties, the spirit of the ordinance, the definition of a public utility, height regulations, the proper procedure, industrial structures, etc.
The Board members concurred that they needed to review the information that had been presented and asked the Planning Department staff to prepare a summary.
Mr. Moore suggested April 22, 2010 - Thursday - for both the rehearing and the appeal. Mr. Haggett moved to meet on 4/2/2010. Mr. Giffin seconded the motion. The vote was a unanimous vote in favor of the date.
In an effort to accommodate all involved, the ZBA determined that a Public Meeting would occur on April 22, 2010 at 7:00pm in the meeting room of the Town Hall. The Appeal will be heard first. The Variance Rehearing will be scheduled for the same evening.
Update of AT&T - Cell Tower
Mr. Moore had a handout of Peter Burwen’s email of March 10, 2010 that included the lease of the Green property by AT&T for a cell tower in Hancock. (the email is available at Town Hall)
Mr. Burwen stated that because there was an alternative site AT&T should drop the Antrim site.
He stated that the "neighborhood was feeling the stress and does not want it (the proposed cell tower site of 22 High Street) hanging out there."
Chair Kendall stated that he thought that AT&T should go through the process with the Town of Hancock (which has just begun). Possibly after 6 months have passed, then ask AT&T to rescind their Antrim application.
Mr. Burwen explained how his work in Antrim and as agent for the Greens, he has gone beyond the small towns and is working with Congressman Hodes to develop national standard so that the TCC Act of 1996 cannot be as encompassing (pushy is the word Mr. Burwen used).
Mr. Haggett said that until AT&T makes a determination - let it wait.
Mr. Moore said that Attorney Wilkin's email (AT&T) had said that AT&T does not want to close the door on the Antrim site, and would like the time to deal with the Hancock site. At this time, no action will be taken.
Up-date of current term status for ZBA Members - listed above
Consideration of ZBA Alternate-to-the-Board applicant
Shelley Nelkens had written a letter to the ZBA in September of 2009 expressing interest in serving on the Board as an alternate. As an appointed Board, the members make the recommendation to the Selectmen, and the Selectmen determine if the appointment should be made.
The Board members said that a recommendation would be made to the Selectmen.
Approve Minutes of January 26, 2010 Mr. Crafts moved to approve the minutes as presented. Mr. Scales seconded the motion and all approved the minutes.
Workshops and Trainings: 17th Annual Spring Planning & Zoning Conference - May 8, 2010 - Saturday - Nashua Radisson sign up tonight if planning to attend
At 8:30 pm, Mr. Haggett moved to adjourn the meeting. Mr. Scales seconded it, and the meeting was adjourned.
Respectfully submitted,
Diane Chauncey
Planning Assistant, On Behalf of the Antrim Zoning Board of Adjustment
| 
