TOWN OF CHARLESTOWN
ZONING BOARD OF ADJUSTMENT
MINUTES
MAY 26, 2004
Members Present: Kenneth Place – Chair; Terri Fisk – Vice-Chair; Barbara Jones –Secretary;
Andrew Jellie
Alternates Present: Harold Ames, Kenneth Arkell, Patricia Cormack, Robert Frizzell
Staff Present: David Edkins – Planning & Zoning Administrator
Regina Borden – Recording Secretary
CALL TO ORDER – Mr. Place called the meeting to order at 7:00 P.M.
SEATING OF ALTERNATES – Mr. Place noted that regular member Eric Lindblade was absent and called upon Kenneth Arkell to sit in his place.
APPROVAL OF MINUTES OF APRIL 28, 2004 – Kenneth Arkell moved that the minutes of the April 28, 2004, meeting be approved as printed. Mrs. Jones seconded the motion. With five members in favor, the motion was approved.
ZBA 03(V)-2004 – Petition of WENDELL R. & NANCY A. ROGERS, JR. for property located at 38 Douglas Street wherein a Variance from Sections 8.5.1-2, e. of the Zoning Ordinance is requested to permit construction of a new residential garage less than the required 15 feet from the property line. Said property is shown on Tax Map 19 as Lot 36 and lies in Zone A-1 (Rural Residential) - Wendell and Nancy Rogers were present. Mr. Edkins advised that in Zone A-1 (Rural Residential) the setback requirements are 25 feet from the front line and 15 feet from all other boundary lines. The Rogers are short on two sides. Ms. Fisk asked, for the record, whether the driveway on the plan is the existing driveway? Mr. Rogers responded that it was. Mr. Edkins took some
photos that were displayed on the TV screen: 1) the house from Douglas Street; and 2) the area of the proposed garage looking down the driveway. Mr. Rogers wants to build the garage where the three cars are parked. This is a triangular shaped lot. The trees along the boundary line are on the Old Fort No. 4 property and are tall and dense. These trees are set back from the boundary lines. The maple tree will stay. Ms. Fisk pointed out that Mr. & Mrs. Rogers want to build a three-bay garage but even if it was a smaller, two bay garage, they still could not meet the setback requirements.
Mrs. Jones asked how far back is the house from Douglas Street? Mr. Edkins said it is well over 25 feet. Mr. Rogers advised that it was built in 1986. Mrs. Jones felt it would be interesting if the Board had some history on the original hearing on the property but past records were not available.
The abutters were notified by certified mail but none were present. Mr. Edkins had a call from the next-door neighbor, Mr. Kinney, on May 17th and he has no objections but just wants the Rogers to be careful when they plow and pile snow so as not to damage the fence. Mrs. Jones had heard that representatives from the Fort were going to attend the meeting to object to a Variance. Mr. Edkins advised that the Fort was concerned when Mr. Rogers first began site work for the garage because of the proximity to the property line; he called the Fort’s Director, Cheryl Cavanaugh, with information and he hasn’t heard from her since then.
Mr. Frizzell asked how far over the property line span of the trees? Mr. Rogers said the limbs would be over the garage. Mr. Frizzell asked if Mr. Rogers would want to trim them? Mr. Rogers responded that he might cut just a few limbs so they aren’t rubbing the garage roof. Ms. Fisk said if the limbs hang over the Rogers property line the owners are allowed to trim. Mr. Place asked how much distance there is between the house and garage. Mr. Rogers said there would be 11 feet between the house and garage; if it were closer he would need to put in a firewall. Mr. Frizzell is trying to think of the Fort and there is a 15-foot setback; the Rogers could build the garage but make it a color that will blend in so it won’t show up too much. Mr. Rogers indicated that
they would paint the garage the same color as the house that is stained a dark brown. Mr. Frizzell believes that the Fort is concerned with the trees and suggested that the Board could accept this application with minimal branch cutting and that the garage be painted a color that blends in. Mr. Edkins felt that some neighbors might find a garage in back more desirable than the trailer in front that is now storing Mr. Rogers' tools, etc. Mr. Jellie feels that this is a similar request to others that this Board has approved and the Fort knew this was on the agenda for this meeting but they have not sent a representative.
Mr. Jellie moved that the Zoning Board of Adjustment approve this Variance for a garage. Ms. Fisk seconded the motion. Mr. Arkell added that the garage would be stained a dark brown so it will blend in and the trailer will be removed.
Mrs. Jones felt that is important for the Board to go through each of the five criteria before making a decision.
No. 1: Mr. Place felt that the garage would increase the surrounding property values because the trailer will be removed and it will clean the property up. The Board unanimously agreed.
No. 2: Mr. Place said all of the storage would be in the garage so it will be a benefit to the public interest. The Board unanimously agreed.
No. 3: Mr. Place feels that denial of the variance would result in unnecessary hardship to the owner and he read Mr. Rogers’ statement that “this is a triangular lot that offers very little space to build an adequate sized garage as our needs require”. The Board unanimously agreed.
No. 4: Mr. Place said that granting the variance would do substantial justice because, in Mr. Rogers' words, “it will increase property values and appearance and provide a place to do woodwork and minor maintenance and property up-keep”. The Board unanimously agreed.
No. 5: Mr. Edkins noted that a garage is an accessory use to a residence and it is in keeping with the neighborhood. Mr. Rogers indicated that “it will allow better use of the property”, therefore, the use is not contrary to the spirit of the ordinance. The Board unanimously agreed.
Mr. Place indicated that none of the abutters attended this meeting and only one replied that they were not opposed to the garage.
He then called for a vote on the motion and, with five members in favor, the motion was approved.
Mr. Place recommended that if Mr. and Mrs. Rogers are going to trim any of the limbs that they talk to the Fort first, just as a courtesy because they do have the right to trim them.
ADMINISTRATION & CORRESPONDENCE:
Charlestown Community Goals Workshop: Included in the Board’s packets was a notice from the Planning Board inviting members of the community to participate in the Charlestown Community Goals Workshop to share ideas about the future of Charlestown. It will be held on Saturday, June 12th, 2004, from 8:30 am to 2:30 pm. This exercise is part of the Master Plan process. It is important as it reflects what the community wants and where they want to go. The Master Plan is a series of recommendations and goals for the future growth and development of the Town.
There being no other business, Mr. Arkell moved to adjourn. Ms. Fisk seconded the motion and, with five members in favor, the motion carried. The time was 7:35 P.M.
Prepared by:
Minutes Filed: 05/28/04
Regina Borden
Recording Secretary
(Note: These are unapproved minutes. Corrections, if necessary, may be found in the minutes of the next ZBA meeting.)
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