Members present: Chairman David Craig, Ed DiPietro, Robert Todd, Laura Todd, clerk, all voting.
2010-1 Adam and Jestine Miller, Variance application, 119 Laurel Lane, property owned by Peter Beers. Map/Lot 15/8. Applicant is asking to subdivide a 3.9 acre lot fronting on Laurel Lane a class VI road and be allowed to build a residential dwelling.
Chairman Craig opened the meeting at 7:04PM, both applicants were present, no abutters. Laura Todd told the chairman that Cindy Wilson wrote a letter to the board, which was to be on the bulletin board, but she couldn’t find it. Chairman Craig said when it is found that it will be part of the file. Chairman Craig read the application and asked the applicants to speak to their application.
Adam Miller explained that Peter Beers owns 9.5 acres and will subdivide one lot off containing 3.9 acres to build a home. The entrance to the new lot will be off Laurel Lane. He said he had read the letter from Cindy Wilson and it said that she did not want their driveway off Mason Drive.
R. Todd asked the applicant to mark on the plan where the class V maintenance ends. He said that John Riendeau told him he just used the road as a turn around.
Adam thought that the town used the Beers driveway as a turn around, so there is uncertainty about where class VI starts by 100’ plus or minus.
D. Craig asked when the Beers home was built. (1974)
Discussion followed regarding the Normand and Bastoni lots and the location of their driveways. Bastoni maintains Laurel Lane now and uses it as his driveway.
R. Todd said he had an issue with Laurel Lane as a driveway to this proposed lot. He thinks it is longer than the Planning Board will allow. The applicant and Mr. Bastoni may be required to enter into an agreement to maintain Laurel Lane. R. Todd explained the difference between Mason Drive and Laurel Lane, Mason Drive has been recognized by the Planning Board as a private road, subject to an existing maintenance agreement binding all users and Laurel Lane is effectively a private driveway used by Mr. Bastoni and the public at their own risk.
Laura Todd researched the zba file drawer to see if there had been any application to the zba regarding the Bastoni/Normand lots and/or driveways. None were found.
Ed DiPietro asked if the applicants had been to the Planning Board for any kind of a preliminary review. No.
Chariman Craig read the letter from Mr. Bastoni and made it part of the file. See letter in file. Chairman Craig said the concern Mr. Bastoni has with this property does not have anything to do with this application, but with the way Mr. Beers uses his land. Mr. Bastoni should speak to Mr. Beers about his concerns.
More discussion followed regarding a subdivision on a class VI road. R. Todd read RSA 674:41.
Chairman Craig stated that in the last ten years the town has allowed subdivisions on Laurel Lane and therefore the Millers have a right to subdivide.
R. Todd went through the 5 criteria needed to allow approval of this application under the 2010 standards. (please note that the application submitted was under the 2009 standards, not the new 2010 standards)
1. (old 2) Not contrary to public welfare (criteria met)
2. (old 5) Not contrary to spirit of ordinance (criteria met)
3. (old 4) Do substantial justice (criteria met)
4. (old 1) Not diminish surrounding properties (criteria met)
5. (old 3 a-c) denial would result in unnecessary hardship (criteria met)
Ed DiPietro moved to approve the application for a variance under 204 and 208, and relief under 674:41, to allow the subdivision of a lot as shown on the plan and issuance of a building permit on resulting lot subject to formal subdivision approval by the New Boston Planning Board. The applicant must enter into an agreement with the Town of New Boston in a form acceptable to the Board of Selectmen providing the town of New Boston neither assumes responsibility for maintaining the portion of Laurel Lane providing access to the property nor liability for any damages resulting from the use thereof. 2nd by R. Todd, passed unanimously.
Respectfully submitted
Laura Todd, Clerk.
Approved 04/20/10
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