CITY OF BERLIN, NH
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
February 27, 2008
Members Present: Chair Harold Bigelow, Ron Cote, Henry Boucher, Reverend Dana Hoyt, and Norine Van Leuven
Members Excused: Vice Chairman Richard Tremaine and Greg Estrella
Others Present: Jane and John Ryan, Mike Dalphonse Sue Small; Joe Martin, Code Enforcement Officer, and Alison Findsen, Secretary
Chair Bigelow opened the meeting at 6:30 and appointed Ms. Leuven to a voting member, replacing Richard Tremaine for the evening's hearing proceedings.
Chair Bigelow explained the procedure of the hearings.
Minutes: Mr. Cote made a motion to accept the minutes of the previous meeting, with Reverend Hoyt seconding the motion and everyone voting in favor.
Applicant: 02-08 Kevin Randall Colby, 116 Meadow Brook Road, Bridgewater, NH
Request: A variance to allow the change of use of a two family building into a three family building, per Article VII Section 702 of the Berlin Zoning Ordinance. The subject property is located on Tax Map 120, shown as Lot 249, in a Residential Two Family Zone.
Discussion: Mr. Colby stated that he wanted to add the third apartment to the building to allow for more income. He owns other property in Berlin and is trying to improve the buildings and bring up their values, but with only two rental incomes on the building it is difficult. He stated there are at least three other three unit apartments in the neighborhood. He stated there were already three separate electrical zones in the building. One of the apartments has five bedrooms and is difficult to rent. Mr. Colby stated that he would like to make it three three bedroom apartments, which would be easier to rent. He stated that his apartments are HUD subsidized. He stated there were presently eight parking spaces.
Support: No one spoke in support of granting the variance.
Opposition: Jane Ryan, of 214 Collins Street, an abutter to the property spoke against the granting of the special exception. She and her husband, John submitted a letter and photo of the property (see attached). The letter stated they were against the granting of the variance because adding another apartment would be adding the chance of another vacant apartment with a non-owner occupied building. She stated there are many vacant apartments throughout Berlin, this would just add to it. Ms Ryan stated the building has undergone many tenant changes through the years, including an illegal rooming house, and there have been many problems with the tenants. With the owner out of town, it makes it easier for bad tenants. She added that making the property a three family
unit would not improve the tax base nor improve the neighborhood. She mentioned a safety issue with the screens torn open and the chance of kids falling out, and a problem with the wiring, requesting Mr. Colby look into the matter.
Mike Dalphonse, 217 Collins Street, an abutter to the property, stated that he did not want to see the variance granted. He stated that he could not see eight parking spaces on the property. He added there have been many problems with tenants in the past.
Mr. Colby explained where the eight parking spaces were, adding that one would be lost do to the reconstruction, however only six places were required for a three unit building.
Mr. Dalphonse stated that the parking in font of the garage was not large enough and the three vehicles ended up parking on the sidewalk.
Sue Small, 319 High Street, an abutter to the property, stated she also was against the granting of the variance and agreed with Mrs. Ryan and added that HUD qualified tenants are usually more problematic tenants, adding that absentee landlords usually make it harder for the neighbors.
Final Word: Mr. Colby stated that he is in town every week and reiterated that he and his brother are trying to increase the value of their properties. He realized there had been several bad tenants in the property and was working to fix the problem.
Chair Bigelow closed the hearing summarized the deposition, which was not disputed.
Board
Discussion: The Board reviewed the criteria for granting a variance and found that the applicant did not meet the criteria.
Decision: To deny the granting of the variance.
Motion: Mr. Boucher made a motion to deny the granting of the variance because it did not meet the criteria for granting a variance. Reverend Hoyt seconded the motion and everyone voted in favor, with a roll call vote taken as follows:
Mr. Boucher No Ms. Van Leuven No Reverend Hoyt No
Mr. Cote No Chair Bigelow No
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Adjournment: Reverend Hoyt made a motion to close the meeting, with Ms. Van Leuven seconding the motion and everyone voting in favor. Chair Bigelow closed the meeting at 7:20 p.m.
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