Town Of New Boston
Zoning Board of Adjustment
Meeting Minutes
12/15/09
Approved 02/16/10
Members Present: Chairman David Craig, Vice Chairman Harry Piper, Phil Consolini, Robert Todd, Laura Todd, clerk. All voting.
Chairman Craig opened the meeting at 7:05 PM.
2009-13 “Special Exception: Jeffrey Herlicka, Map/lot 6/32-23, 19 Swanson Road, proposes to build an accessory building for in-law use. Greg Rehm of Liberty Hill Construction presented the application. Both Jeffrey Herlicka and his father-in-law Richard Rhoades were present.
This will be 26’ x 38’, two story building, with 946 sq. ft. It will look like a two stall garage, with the lower level being a 2-car garage with a utility room. The second floor will be the living space, with (1) bedroom, (1) bathroom and a kitchen/living area. The entrance will be through the garage. The septic design is approved, the sprinkler design is approved and there is a certified plot plan.
Robert Todd questioned the room for two vehicles from the existing one family house and two vehicles from the proposed building to turn around in the existing driveway. He was told there was room, plus the existing driveway to be widened at the new building for access into one of the garage stalls.
An abutter, Kevin Cook of 27 Swanson Road, questioned how close the proposed building would be from the property line. He was told 30’, the property line is marked with stakes.
Chairman Craig advised Mr. Rehm that he would be held to the plan that was presented to the board.
Mr. Rehm said they had discussed moving the building a little closer to the set back line to accommodate the driveway.
Vice Chairman Piper repeated “you are subject to the confines of what you present tonight”.
It was decided that the building would not be moved closer than 25 feet to the property line. That can be a condition of approval.
Discussion followed about the driveway having enough room to accommodate the turning of four cars. It was decided that with the additional driveway space there would be room.
Vice Chairman Piper stated that the applicant had meet the requirements of a special exception and moved to approve with conditions. The condition was that the building would not be closer than 25’ from the easterly property line. 2nd by Phil Consolini, passed unanimously.
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2009-14, “AREA VARIANCE”, Alden Miller, 236 Chestnut Hill Road, Map/Lot 15/46, proposes to build a utility shed, 5’ from the side property line in his 50’ strip (his lot is a back lot). Alden Miller represented his application.
Mr. Miller explained that he was presently using his garage as a utility shed and his wife wanted her garage back. He planned on building a 24 X 36 timber frame building and the area he had chosen was the only available place on the property.
The board discussed the purpose of the 50’ strip, whether a building could be built in that strip. After reviewing the definition in the ordinance, the board felt if it did not impede emergency vehicles, it could be allowed.
Robert Todd asked where the r.o.w. was for lot 47, which appeared to join into the applicants 50’ strip. Mr. Miller showed on the plan that it was close to the area where the building was proposed. Mr. Miller continued to explain that he built his house in 1986, and had a deeded r.o.w., over the access to lot 47 and he had spoken to the owner of the property. He went on to say that he owned 3.09 acres, and at the time the subdivision was done, the requirement for a back lot was a 50’ strip, 2 acres and a 200’ square.
Chairman Craig as how the applicant chose the location. Mr. Miller explained there were boulders near his garage, steep slopes behind the house, the septic location and no access to any other part of the property.
Phil Consolini noted that Arrowwood Road was 50’ wide, which is a public road. Chairman Craig said that this building would is 24’, plus the 5’ from the line means the building would be 29’ into the 50’ strip, leaving 21’. Mr. Miller said the driveway is paved at 10’.
Vice Chairman Piper said that if we deny this application, the public is not going to benefit, no private party will benefit.
Earl Sandford, President of the Chestnut Hill Chapel and on the Board of Elders, said the Church owned lot 47. The intent of the church was to keep the open field, he then gave the history of why the lot looked unusual. He confirmed that the church did not have any issues with the applicant building a building in this location.
Mr. Miller then showed the board an access onto his property, for his in-law apartment, over the r.o.w. to lot 47.
Vice Chairman moved to approve the area variance as long as the building was built exactly as it is present to the board, and is 5’ from the property line. 2nd by Robert Todd.
Vice Chairman continued, that based on the testimony, this will not diminish this property or the adjacent property; it is not contrary to the ordinance. This is a unique case because of the driveway and land adjacent which he can pass over, which alleviates any problem of blockage. To refuse this application would be an unnecessary hardship. He continued that the applicant had demonstrated that this is the only area the building will fit.
Passed unanimously.
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2009-8, Vista Road, LLC, Request for rehearing, Wilson Hill Road, Map/Lot6/33.
Chairman Craig said that a rehearing can only be granted if new or unknown information/material at the time of the original hearing is presented. He said the board should stand by its decision.
Vice Chairman Piper said the Supreme Court advises that the board should not take rehearings lightly.
Vice Chairman Piper moved to reject the request for a rehearing. 2nd by Phil Consolini, passed unanimously.
Vice Chairman Piper moved to adjourn the meeting @ 8:15PM, 2nd by Phil Consolini.
Respectfully Submitted
Laura Todd, clerk
12/17/09
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