ANTRIM ZONING BOARD OF ADJUSTMENT MINUTES
April 23, 2013 Meeting
Deliberation – Risman-Jones – Two Variances – Continued Meeting
File #: 2013-01ZBA Map #: 104 Lot #: 104
Members & Staff Present:
Diane Chauncey (Staff) John Giffin (Member) Ron Haggett (Member)
Frank Scales (Member Ray Ledger wood (Alternate) Shelley Nelkens (Alternate)
John Kendall (Chair-recused)
Public Attendees:
Atty Callen Heidi Risman-Jones Richard Risman-Jones
Walter Neff Barbara Cohen Katherine Affholter
7:00PM:
Heidi & Richard Risman-Jones for a variance from Article XI-A Section 10.d (Shoreland Protection District) to permit expansion of an existing non-conforming structure within 100’ of the reference line; and a variance from Article VI Section C. 6. (Residential District – Non-residential uses), as authorized by Article XVI, Section C.1. (Non-conforming structures) to permit the expansion of the existing structure (to accommodate the Child Care Center) on this pre-existing lot of record, which does not comply with current minimum lot size, lot frontage, lot depth, and front setback requirements on property located at 3 High Street (Tax Map 104, Lot 104), Antrim, NH 03440 in the Residential District.
(In order to grant the requested relief, the following criteria must be satisfied: Criteria: 1.Granting the variance would not be contrary to the public interest; 2. The spirit of the ordinance is observed; 3. Substantial justice is done; 4. Value of the surrounding
property will not be diminished; 5. Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.)
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Vice-Chair Giffin opened the meeting at 7PM. He appointed Ms. Nelkens to sit for Mr. Kendall who had recused himself.
Deliberation:
Ms. Nelkens requested that the approval of the April 2, 2013 minutes occur first. Mr. Haggett moved to approve the minutes. Ms. Nelkens seconded. The Board discussed the minutes and unanimously approved the minutes, as amended.
Mr. Haggett began the deliberation by stating that two variances were before the ZBA. The Planning Board had conditionally approved the 3 High Street Childcare Center. Two of the conditions were to request relief from the Zoning Ordinance: 1.) Proximity to Great Brook (Shoreland Protection) and 2.) Dimensions and setbacks on a non-conforming lot.
Shoreland Protection
Ms. Nelkens began by questioning the parking spaces in the setback.
Vice-Chair Giffin stated that the issue was a Planning Board issue.
Ms. Nelkens disagreed.
Vice-Chair Giffin stated that the ZBA would only discuss the structure.
Mr. Haggett clarified the deliberation topics by reading from the Planning Board Notice of Decision (the 2 conditions are in italics above and the Planning Board Notice of Decision is attached).
Ms. Nelkens continued questioning parking space issues.
Vice-Chair Giffin asked Atty Callen to clarify.
Atty Callen explained that the Department of Environmental Services had been satisfied and there is a letter in the Planning Board case file that addressed the parking area,
Mr. Haggett stated that he felt all the criteria for the first variance had been satisfied and that he was prepared to vote.
Mr. Haggett moved to approve the variance and Ms. Nelkens seconded.
Motion: Move to approve the application of the request of Heidi & Richard Risman-Jones for a variance from Article XI-A Section 10.d (Shoreland Protection District) to permit expansion of an existing non-conforming structure within 100’ of the reference line on property located at 3 High Street (Tax Map 104, Lot 104), Antrim, NH 03440 in the Residential 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 April 2, 2013 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.
ROLL CALL VOTE: Variance from Article XI-A Section 10d
Date: April 23, 2013
Name |
Accept |
Deny |
John Giffin |
x |
|
Ron Haggett |
x |
|
Ray Ledgerwood |
x |
|
Shelley Nelkens (Alternate) |
x |
|
Frank Scales |
x |
|
The motion for relief from the first variance was unanimously passed.
Non-conforming lot, dimensions and setbacks:
Mr. Haggett stated that the ZBA had unanimously granted a Special Exception for the Childcare Center in May of 2012, and the Planning Board Site Plan Review had been conditionally approved in March of 2013. He then stated that he did not see a problem with granting the second variance.
Mr. Ledgerwood had a question concerning the Planning Board’s Notice of Decision.
Mr. Haggett explained that only #3 and #4 Of the Notice of Decision applied to the ZBA.
Ms. Nelkens asked Mr. Neff and Ms. Cohen if their insurance company would require a fence around their pond – should the Childcare Center be approved.
Ms. Cohen said that she did not know if her insurance company would require a fence.
Vice-Chair Giffin stated that he felt the neighborhood would be affected, He said that setbacks had been put in place to prevent overcrowding with coverage on the lot and that there were safety issues. He also stated that a hardship was not present because the structure could be used for another purpose. He stated that he did not think that the relief should be granted.
Mr. Haggett disagreed. He said that the purpose of a variance is to grant relief. The Zoning Ordinance cannot lay out everything. He said that the 3 High Street parcel is non-conforming like many other lots that existed before the Zoning Ordinance was created. He said that it is impossible to apply today’s Zoning Ordinance criteria to a non-conforming lot. He said that he felt it was unfair to the current property owners who have already complied with the Planning Board, Zoning Board of Adjustment, and the Department of Environmental Services. He said again that he thought the variance should be granted.
Vice –Chair Giffin repeated that the variance asked for so much relief that even the applicants’ attorney stated that the structure did not fit. Vice –Chair Giffin said that this much development should not be allowed on this size lot and that if it were allowed on this lot, it might be expected on other non-conforming lots.
Mr. Haggett said that each variance brought to the ZBA was on a case by case basis. He said that the two requested variances for this case should have been brought to the ZBA when the Special Exception was considered – but that did not occur. He said that he had no objection to the size or placement of the structure.
Ms. Nelkens said that the applicants had already been granted relief.
Mr. Haggett said the Special Exception had granted the use and the Planning Board had decided everything else.
Ms. Nelkens stated that she agreed with Vice Chair Giffin that a precedent would be set.
Mr. Haggett stated that it is not the way the ZBA works.
Vice-Chair Giffin stated that he though criteria 1, 2, and 5 were not satisfied. He said that people were opposed to the project, therefore public interest was contrary and he felt that there was no hardship.
Mr. Haggett read from XVI. C. of the Zoning Ordinance. He said that XIV. C. does not say how much relief or where, but rather that the ZBA can grant relief.
Vice-Chair Giffin disagreed. He said that in the past, granted relief had not gone that far; and the Zoning Ordinance did not give “carte blanche” to the ZBA to give out relief.
Mr. Ledgerwood asked if Vice-Chair Giffin was saying that the ZBA would be going way and above what should be allowed by the Board.
Vice-Chair Giffin further explained his reasoning. He said that the existing non-conforming structure does not fit the current criteria; granting the relief would outweigh the harm to the neighborhood. He restated that granting that much relief would be excessive.
Mr. Scales and Mr. Haggett stated that they were ready to vote.
Mr. Haggett moved to grant the requested variance; Mr. Scales seconded.
Motion: Move to approve the application of the request of Heidi & Richard Risman-Jones for a variance from Article VI Section C. 6. (Residential District – Non-residential uses), as authorized by Article XVI, Section C.1. (Non-conforming structures) to permit the expansion of the existing structure (to accommodate the Child Care Center) on this pre-existing lot of record, which does not comply with current minimum lot size, lot frontage, lot depth, and front setback requirements on property located at 3 High Street (Tax Map 104, Lot 104), Antrim, NH 03440 in the Residential District on property located at 3 High Street (Tax Map 104, Lot 104), Antrim, NH 03440 in the Residential 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 April 2, 2013 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.
ROLL CALL VOTE: Variance from Article VI Section C. 6.as authorized by Article XVI, Section C.1.
Date: April 23, 2013
Name |
Accept |
Deny |
John Giffin |
|
x |
Ron Haggett |
x |
|
Ray Ledgerwood |
x |
|
Shelley Nelkens (Alternate) |
|
x |
Frank Scales |
x |
|
The motion passed 3 to 2. A Notice of Decision will be issued in 5 business days.
Mr. Haggett explained the appeal process.
Business Meeting:
Approve Minutes of April 2, 2013 – approved at the beginning of the meeting.
At 8:15PM, Mr. Haggett moved to adjourn; Mr. Ledgerwood seconded. All approved. The meeting was adjourned.
Respectfully submitted,
Diane Chauncey, On Behalf of the Antrim Zoning Board of Adjustment
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