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Zoning Board of Adjustment Minutes Messa/Nixon 09/16/2008
Town of New Boston
Zoning Board of Adjustment

Meeting Minutes
09/16/08


Approved 11/10/08


Members present:  Chairman David Craig, Greg Mattison, Phil Consolini, alternate Robert Todd, and Laura Todd, Clerk.

Chairman Craig opened the meeting at 7:02 p.m.

The minutes from August 19, 2008 were approved by Phil and seconded by Greg, passed as written.

Robert disclosed that he had worked for New Boston Physical Therapy on a previous project.  Chairman Craig asked if anyone objected to Bob sitting on this hearing.  There was no objection.

2008-6 “Area Variance”

KIM MESSA  (New Boston Physical Therapy) presented the application for an “AREA VARIANCE” to the terms of Article III, Section  318.2  for a sign to be hung at  16 Meetinghouse Hill Road, Map/Lot 19/44.  Kim brought the sign to the meeting.  Kim explained that they had  measured the sign that was at  New Boston Sports to come up with the dimension for their sign.  The New Boston Sport sign was oval and their sign is rectangular and measures 24x 34.  They went before the Planning Board for site review with the dimensions of the sign on the plan, and were approved.  They applied for a permit from the Building Inspector and hung the sign.  The Building Inspector then measured the sign and said it was too large for the RA district.  Kim presented the board with pictures of the sign as it hung at the Meetinghouse Hill location.  The new sign fits the sign posts at the site and is hand carved.

Greg asked where the sign ordinance came from.  Bob explained it had been copied from someone else’s rules.

Kim then read the criteria from her application.  (see file).

Phil commented that they should have researched before they had the sign made.

Phil moved to approve the variance, seconded by Greg.  Passed unanimouly.


2008-7 “Area Variance”

NIXON/NYQUIST

Robert Todd said he had prepared the site plan for the applicant, so he would not sit on this hearing.

David Craig then explained to the applicant that there would be only three member voting, which would mean that it would have to be a unanimous vote for approval.  The applicants said they wanted to go forward.

Dave Rowean of Yankee Pools was present.

Leslie Nixon said that the location for the pool is within the front and side setback.  It is the most logical place for the pool.  The opposite side of the house has a steep slope, and is below the grade of the driveway.  There would be a groundwater problem in that area.  The septic is located behind the garage and the leach field in beside the garage eliminating that area.  The back of the house is heavily wooded and would require tree cutting.  

Leslie said the abutters Richard Abbott and Terry Wallace, which would be most directly impacted, did not have a problem.  The back of their house faces the subject house.  None of the other abutters would be impacted.  

Phil asked if a pool is considered a structure.  Yes!

Chairman Craig clarified that there was a slope on the side and back of the house of the house.  Leslie said the side did have a slope, the back was flat for a while, and then did slope off.   Dave Rowean said getting equipment to the back of the property would be impossible.  Bob said there is ledge outcrop in that area.

Discussion regarding a patio and if that would be considered as part of the improvement took place.  Dave Rowean said the water’s edge was a common point to measure from in most towns.

There were no abutters present.

Greg asked if the pool could be moved more to the front of the house.  Leslie explained the well was in the front.  Bob said that the trees in the front served a lot of function.  

The criteria was accepted as written.  (see file)

Phil moved to approve the variance, seconded by Greg, passed unanimously.


2008-8 “Equitable Waiver of Dimensional Requirement”

Applicant was not present,  the board waited until 8PM.  Bob Todd moved to dismiss without prejudice, seconded by Greg, passed unanimously.

The meeting adjourned at 8:02PM

Respectfully submitted
Laura Todd
Clerk