TOWN OF NEW BOSTON
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
05/22/07
Approved 06/19/07
Members present: Chairman David Craig, Vice Chariman Harry Piper, Phil Consolini, Ed DiPietro, Greg Mattison, Bob Todd, alternate, Chris Golomb, alternate and Laura Todd, clerk. Full members voted.
Dave Craig opened the meeting @ 7PM, which took place in the Building Inspectors Office. He reviewed the application concerning, Elliott Konner for Doris Leedham, Map 8, lot 6, Clark Hill Road, Area Variance and issue of existing lot. He then invited the applicant to address the application.
Atty. Jed Callen spoke to the application. After some discussion regarding the unusual, pre-existing, non-conforming lot issue, and the fact that Town Council, Atty. Bill Drescher had not had an opportunity to review this, due to the death of a friend, it was determined the board would go forward with the Area Variance only.
Atty. Callen gave a brief history of the lot, (.21 acres), starting in 1849 when it was a deeded lot. There is no record of any heirs claiming the property from 1880, through the present. Doris Leedham used the lot from 1960 forward and in November 21, 2001 Ms. Leedham was awarded “sole ownership” through “Order on Petition to Quiet Title”.
Ed DiPietro asked what Quiet Title is. Explained as rights to land given by court.
Atty. Callen continued which assuming it is a lot of record, the only dimension requirement that can’t be met is the front setback of 50’, the actual is 19’. Jed then said the NB ordinance and NBZBA application were not the same, with the application following the state requirement and the NB ordinance out of date.
Photos of abutting houses and neighborhood houses were presented to the board with varying front setbacks, but none of 50’.
Atty. Callen passed to the board copies of Malachy Glen Associates v. Town of Chichester. Noted as #1 evidence. He said this speaks to 1 and 2 of criteria of variance application.
Harry asked if the lot has an approved septic, yes was the answer.
Dave Craig asked that it be on record that the board follows the state criteria for variance.
Ed DiPietro stated that there is a zoning requiring of 2 acres for a building lot.
Atty. Callen explained the lot is not being subdivided to create a building lot, it is a lot that has existed since 1848 and the applicant is entitled to be able to build a house on it.
Atty. Callen then continued to #3 of the criteria; see application, #4 and #5 see application. He then asked we approve this application subject to Atty. Dreschers opinion.
Phil Consolini asked the average set back of the properties shown in the photos. It was determined to be 27’.
Greg Mattison asked if the owner of this lot owned any abutting property. No was the answer.
Abutter, Steve Ives (Debra Ives) 104 Riverdale Road, New Boston spoke and gave a history of the deeds. He said in 1961 Doris Leedham bought the parcel, in 1979 a plan of Elsie Warren Estate by RB Todd showed the parcel as a separate lot.
Dave Craig asked if Mr. Ives was crafting an argument that this is not a lot of record.
Mr Ives said no, just giving some background. He continued with his history.
Harry Piper asked if he was alleging that they do not own the lot.
Mr. Ives said when you grant a variance you are giving value to the property.
Dave Craig told Mr. Ives he was arguing points that were no relevant to the application; the court has already decided the ownership.
Abutter, Tamara Marston, 96 Clark Hill Rd, New Boston asked where do we go to get involved to keep this from happening.
Dave Craig explained, if we grant this variance and the applicant receives a building permit, you could appeal that permit back to the Zoning Board.
Mr. Tamara said the lot is too small to build on, concerned about septic.
Dave Craig said as board members we have to follow the criteria, we cannot take away someone rights.
Mr. Ives asked if grandfather was part of the criteria. Dave Craig said no.
Debra Ives said she felt this would adversely effect her property, she said she is not an appraiser, but is a realtor.
Dave Craig pointed out that the applicant provided two appraisal letters. Shown as #2 evidence.
Craig Golomb asked for clarification of variance in simple terms.
Atty. Callen said variance from 204.4 area and dimension front set back, 208.B2 front yard regulation. The deck does not enter into this variance.
Letters from abutters Steve and Valerie April, and Dana Moody and Aaron Mackenzie in favor of this application was given to board, shown as #3 evidence.
Elizabeth Holmes of 106 Clark Hill Road, New Boston, not a direct abutter voiced her concern.
Discussion followed about the stonewall,
Dave Craig closed the public portion of the hearing.
Harry Piper moved to approve the application with Phil 2nd.
Harry said the applicant has satisfied and addressed both the requirements of the state and municipal codes. Originally he thought that the building should be moved back, but that doesn’t make sense it would only create other setback issues. They have met the criteria.
Greg Mattison asked Harry if he thought hardship had been met, Harry answered yes.
Ed DiPietro said he had a hard time using existing houses as criteria, because they were built quite a while ago.
Harry said our zoning ordinance utilizes neighborhood properties as setback; we must consider them.
Greg asked who owns the property. Jed Callen said that Mr. Konner had a P&S on it.
Dave Craig called for a vote. Greg Mattison, Harry Piper, Phil Consolini and Dave Craig voted in favor, with Ed Dipietro abstaining. Dave stated the motion carries by four votes.
Harry moved to keep officers for board the same.
Ed DiPietro moved to accept new rate, seconded by Phil. $50.00 application fee, $7.00 per abutter.
Respectfully Submitted
Laura Todd, Clerk
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