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Zoning Board of Adjustment Minutes 01/20/2009

Town of New Boston
Zoning Board of Adjustment
Meeting Minutes

01/20/09




Approved 04/21/09


Members Present:  Chairman David Craig, Vice Chairman Harry Piper, Ed DiPietro, Greg Mattison, Phil Consolini (voting), and Laura Todd, clerk.


Chairman David Craig called the meeting to order @ 7:10.

Application by Robert Todd, Todd Land Use Consultant, LLC, for David and Ellen McGlauflin  MAP/LOT 5/10, 52 Mason Drive, for a USE VARIANCE” to allow a one-lot subdivision of a private road.

Robert Todd presented the application.  (note that Bob used a supplemental documents table of contents for his presentation, which can be found in the file).   The subject property is nine acres in the R/A district with 1217’ of road frontage or more correctly common boundary with Mason Drive.  The goal is to create a new lot off the east end of the lot for Mr. McGlauflins mother in-law (see item A in file).  Relief from the Articles II and VI, section 204.4 and 602 are needed to accomplish this.  RSA 674:41 comes into play also, the state wide planning and zoning, (see item B in file).  Bob suggested that the board take no action on RSA tonight, but if the variance is approved to let the application go to the planning board, then the building inspector for permit.  If needed the applicant can come back to the ZBA for the RSA.  

Bob then reviewed the Subdivision Plan of Servin in 1980 (item D in file), which was approved by the planning board, with the right to use Mason Drive.  

Mr. McGlauflin spoke to the deed recorded 07/09/02, (item F, in file), explaining it simply transferred the ownership of Mason Drive from McGlauflin to Cindy Wilson.  It was necessary to do it through the court because of confusing language in the original documents.

Bob Todd then listed the lots that Mason Drive served.  (7, 8, 8-1, 9, 10, 11, 12, 13, and 65.  (see item E in file).  Peter Beers maintains the road, all share in cost through the Mason Drive Association and membership is mandatory.  Cindy Wilson is chairperson of the association.

Bob Todd then read the application and criteria supporting this application (see file).

The board had some minor questions of the application.

Joel Stave and Cindy Stave, 59 Mason Drive, spoke saying they were not opposed to this.  They did question why they were told by an appraiser that the land they put into conservations was of less value, because it was on a private road.  Chairman Craig suggested they speak to the appraiser again.

Phil Consolini moved to approve the application subject to non-maintenance and waiver of liability agreement with the town.  2nd by Bud Piper, passed unanimously.

Minutes from previous meeting were approved as written.

Motion to adjourn @ 7:50.

Respectfully submitted
Laura Todd
01/22/09