ANTRIM ZONING BOARD OF ADJUSTMENT
October 18, 2011 Meeting
Fuller Variance Carport 2011-06ZBA
Members & Staff Present:
Diane Chauncey (Staff) Ron Haggett (Member) John Kendall (Chair)
Ray Ledgerwood (Alternate) Shelly Nelkens (Alternate) Frank Scales (Member)
Members & Staff Present:
John Giffin (Member) Doug Crafts (Member)
Public Attendees: Abby Fuller (Applicant) Peter Hopkins (Building Inspector)
7:00 PM –Review Session:
Chair Kendall opened the meeting at 7:05PM. He appointed Ms. Nelkens to sit for the absent Doug Crafts.
- The July 5, 2011 minutes were reviewed. Mr. Haggett moved to approve the minutes as written. Mr. Scales seconded. After a short discussion, the Board approved by voice vote the July 5, 2011 minutes.
The ZBA Rules of Procedure were presented and discussed. After a short discussion, it was determined that the wording in Section 15 (Records) should be changed from “144 hours” to “5 business days”. The Secretary will change the wording and send “new” Rules of Procedure to the Members.
Mr. Haggett moved that the Rules of Procedure wording - “144 days” to “five (5) business days” - in Section 15 (Records) shall be changed. Mr. Scales seconded. All approved by voice vote.
7:15 Public Hearing:
Case # 2011 -06ZBA
Abby Fuller for a variance to Article IX Section C.4. The applicant proposes to build a handicapped accessible car port in the seventy-five foot (75’) setback on property located at 18 South Holt Hill Road (Map 234 Lot 14) in the Lakefront Residential District and the Rural Conservation District.
Chair Kendall introduced himself and the Board members. Chair Kendall explained the process of the Public Hearing application to the applicant.
The Secretary read the Notice as published in the local newspaper and stated that all abutters had been properly notified, and there had been no comments by correspondence, telephone or at the counter.
Ms. Fuller stated that her closest neighbor, Laurie Kimball had no issues with the proposed carport.
Chair Kendall asked Ms. Fuller to explain her proposal and request for a variance.
Ms. Fuller explained that she lived on a hilly steep parcel with the house set down below the road. She felt that she needed the car port and the area that she would like to construct the carport was the only viable area that would be suitable for the carport.
Photos of the proposed carport were viewed by the Board members. Questions were asked:
Mr. Haggett asked if it were to have a roof and would the lattice be constructed on both sides.
Ms. Fuller said that it would have a roof and that the lattice would be one side
Chair Kendall asked if there were other structures on the road with similar structures in the setback.
Mr. Hopkins showed the photos that he had taken of the applicant’s proposed car port. It did not appear to him that it would be drastically different from the neighborhood.
Chair Kendall asked if the house was in the seventy-five foot (75’) setback.
Mr. Hopkins stated that the structure was in the seventy-five foot (75’) setback.
Chair Kendall stated that there was no other alternative.
Ms. Nelkens stated that she had discussed the proposal with the road agent and that he saw no problems with the placement.
Chair Kendall asked if there were any safety issues.
Mr. Hopkins stated that he saw no safety issues.
Chair Kendall closed the Public Hearing.
Deliberation:
VARIANCE CRITERIA
1) The variance will not be contrary to the public interest.
All agreed that it was in the Public Interest
(2) The spirit of the ordinance is observed.
All agreed that the spirit of the ordinance is observed.
(3) Substantial justice is done.
All agreed.
(4) The values of surrounding properties are not diminished.
It was stated that the proposed carport was “nothing out of the ordinary – and the lattice gave it a nice look.”
(5) Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.
The Board members agreed that the proposed car port was to be constructed on the only viable section of the parcel.
Mr. Haggett moved to approve the application. Mr. Scales seconded.
Mr. Haggett moved to approve the application of Abby Fuller for a variance from Article IX Section C.4. The applicant proposes to build a handicapped accessible car port in the seventy-five foot (75’) setback on property located at 18 South Holt Hill Road (Map 234 Lot 14) in the Lakefront Residential District and the Rural Conservation 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 October 18, 2011 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant shall 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.
4. The car port shall not be situated any closer to Holt Hill Road than the existing framework.
Roll Call Vote:
Name |
Yes |
No |
Members: |
|
|
HAGGETT |
X |
|
KENDALL |
X |
|
SCALES |
X |
|
Alternates: |
|
|
NELKENS |
X |
|
The proposal was granted. A Notice of Decision will be written within 5 days and recorded at the Registry of Deeds.
Business: Chair Kendall stated that Attorney Matt serge shall be requested to give an opinion on the AT & T Cell Tower Case #2009-01ZBA. Chair Kendall would like to close the case. Should AT & T desire to place a Cell Tower in the Town of Antrim, it would be necessary to submit a new application.
At 7:45PM, Mr. Haggett moved to adjourn. Mr. Scales seconded. All approved. The meeting was adjourned.
Respectfully submitted,
Diane Chauncey, On Behalf of the Antrim Zoning Board of Adjustment
| 
