ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
May 15, 2018
Public Hearing
Members & Staff Present:
Ron Haggett (Vice-Chair), William Bryk (Member), Shelley Nelkens (Member), Kristin Bixby (Staff)
Absent: John Giffin (Chair), Ray Ledgerwood (Member)
Public Attendees: Michael Renda, Joan Gorga, Sharon Monahan
7:00 PM Public Meeting: In the absence of Chair Giffin, Vice Chair Haggett opened the meeting at 7:00 pm. The Vice Chair introduced the Board members and explained the Public Meeting.
Vice Chair Haggett asked the Ms. Bixby to read the Public Notice.
Vice Chair Haggett asked the Ms. Bixby if Notices were posted in three public places. Ms. Bixby answered the Notices were put up in the Post Office, up on the inside and outside bulletin boards at the Town Hall, on the Town website and the Villager newspaper.
Vice Chair Haggett asked if the abutters were notified and if there were any responses. Ms. Bixby answered all the abutters were notified, with no responses.
Vice Chair Haggett asked Mr. Renda to submit his proposal.
Mr. Renda, explained the proposed addition of a 12 foot deck on the walkout side of the primary structure on the property in question at 128 Brimstone Corner Road. 24 wide – 12 deep into the shoreland. They contacted DES, who sent a letter back explaining that it does not impinge on the shoreland. There will be no additional impact on grading. Shoreland ecosystems are not further impacted, due to initial impact being recorded from the house being built. Due to the powerline easement on the property, the property is limited on where it can build. There is an ephemeral stream. The septic system is well constrained.
Ms. Nelkens asked if the house was located outside of the setback. Sharon Monahan, a wetland scientist answered that the house was built right at the 100-foot minimum setback line, and is 88 feet from the current water line of the river. Ms. Nelkens also asked about the location of the stairs, to which the response was that the stairs don’t go any closer to lake [they still fall within the 12-foot setback]. It was also noted that the house got its certificate of occupancy in December of 2016.
Vice Chair Haggett asked if the deck was part of original plan, to which the response was that it was in the original plan, but for cost reasons, it didn’t get built. Ms. Monahan added that for so much land, Mr. Renda ended up being quite limited on what he could do with the property. She also noted that the property currently has a leaching field, the topography is naturally sloped towards the lake. Slope (naturally) is 10 %. Overall slope from house to lake is 19%.
Vice Chair Haggett asked about the total acreage of the parcel. Mike Renda responded that the property has about 30 acres. The powerlines and their subsequent easement really constrain what the applicant can do with the property in question. He went on to say that the project doesn’t diminish the values of the surrounding properties; the deck will provide a flat and safe outdoor environment; there will be no new disturbance of Shoreland Protection Zone; and that the NH Department of Environmental Services signed off on their approval of this project.
Vice Chair Haggett asked if the Board had any questions.
Ms. Nelkens noted that the applicant had said that the shoreland area was disturbed when the house was built. She questioned how much more will it be disturbed, including any disturbance from machinery having to come onto the premises to drill holes for the supports for the deck. Mr. Renda responded that he was “the machinery.” He added that the four holes made under deck actually fall within the existing disturbed area.
Ms. Monahan mentioned that she reduced the grade of the surrounding topography as part of the impact requirements for the Shoreland permit.
Vice Chair Haggett noted that the applicant satisfied the Shoreland Protection Act when they built the house a few years ago.
7:18 PM Public Hearing: Vice Chair Haggett asked if there any abutters were present. There were no abutters present. The Vice Chair then opened the floor up to any other questions.
Joan Gorga stated that she is almost an abutter to the property, as she is a neighbor down the street. She thought the applicants have the interest of the neighbors and residents of Gregg Lake at heart, and didn’t think what is proposed will adversely affect any other residents.
Motion: Mr. made a motion to close the Public Hearing and start the Board discussion on the Variance. Mr. Bryk seconded.
Discussion: The Board had no other items they cared to discuss in regards to this case.
Motion: Mr. Bryk made a motion to approve the Variance. Mrs. Nelkens seconded.
Roll Call Vote: Ms. Nelkens- “Aye.” Mr. Bryk – “Aye.” Mr. Haggett – “Aye.”
The application was approved unanimously. The Variance has been Granted.
Motion: Mr. Bryk made a motion to adjourn the Zoning Board Public Hearing, and subsequently, the ZBA meeting. Mrs. Nelkins seconded the motion.
Vote: By a voice vote, all agreed.
Meeting Adjourned: 7:20 PM
Respectfully Submitted,
Kristin Bixby
Assistant to Land Use Boards
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