Memo - From the Desk of the Building Inspector
To: ZBA Date: 5-11-99
CC:
Re: Agenda for May 19, 1999 No. of Pages: 3
7 CASES:
99:08
99:09 Both cases deal with 82 Atlantic & ask for permission to build a gazebo within the Wetlands setback of 50'. They go about it in different ways, both under "Section 409 Wetland Conservation Areas":
Teleran is asking for a variance from the "Buffer Zone Restrictions" (Section 409.9)
"409.9 Buffer Zone Restrictions: No structure or impermeable surface shall be permitted within 75' of tidal wetlands or within 50' of inland wetlands."
and Stephen Ells is asking for a "Special Exception(s) Granted by the Zoning Board of Adjustment;" (Section 409.12)
409.12 Special Exceptions Granted by the Zoning Board of Adjustment:
Upon application to the Board of Adjustment, a special exception may be granted to permit the erection of a new structure on vacant approved building lots of record or the expansion of an existing structure located within the Wetlands Conservation District, or any buffer zones, provided that all of the following conditions are found to exist:
A. The lot upon which an exception is sought was an official lot of record, as recorded in the Rockingham County Registry of Deeds prior to March 8, 1988.
B. The new structure or expansion is not otherwise prohibited under the zoning ordinance.
C. The use for which the exception is sought cannot feasibly be carried out on a portion or portions of the lot which are outside the Wetlands Conservation District or the buffer zone.
D. Due to the provisions of the Wetlands Conservation District, no reasonable and economically viable use of the lot can be made without the exception.
E. The design and construction of the proposed use will, to the extent practicable, be undertaken in such a manner as to be consistent with the purposes and spirit of this ordinance.
99:10 Greg Taylor is asking to subdivide the land that his residence is on, as a backlot subdivision. The current lot would then be split in two (at about the current zoning boundary line which is 500' from Route 1) creating a residential lot with 40' of frontage on Route 1, and a commercial lot with about 140' of frontage.
He has been before the ZBA seeking relief from the requirements of the backlot subdivision ordinance (Section 406.9, see pg. 3), and before the Planning Board who told him he needed relief also from the landscape buffer ordinance, Section 406.8:
"406.8
Industrial-Business/Residential lots located in the IB zone shall include a landscaped buffer area around the perimeter of the lot. This area will be a minimum of ten feet wide along the entire property line. This landscaped area may not be used for structures, drainage structures, parking or access except where access is required and approved. *3/10/87, *3/10/98"
The Planning Board was also concerned with Section 406.5:
"406.5
A lot in the I-B/R District that is presently utilized for business purposes shall not be used for residential purposes. Any existing undeveloped lot may be used for either a business or residential purpose, but not both. *3/12/85"
99:11 Erin is the owner of Portsmouth Paintball and applied to the Planning Board to be able to use the former paintball property (near the Rye line, by Burnett Builders & Abercrombie & Finch) for the same use. Because "Public & Private Recreational Facilities" are listed as a Special Exception, the Planning Board sent him to the Zoning Board.
99:12 Mrs. Gagne wants to bake bread and sell it from her house on Walnut Avenue near the Stratham town line. The house is well off the road with ample space for access and parking, and she is prepared to meet all the requirements of the state food regulations in order to get a license.
99:13 The Waechter's at 128 Atlantic want to create a backlot subdivision (Section 406.9, see below) using an existing right of way from Mill Road to their property. They are not suggesting using any of the frontage on Atlantic to create the backlot.
99:14 Tillinghast is asking to subdivide his property by asking for a variance from the terms of Section 406.9:
"406.9
A lot of record in any zoning district in existence before March 10, 1992, may be subdivided to allow one backlot under the following conditions:
1. The existing lot of record shall be five acres or more in size and have a continuous frontage of at least two hundred and fifteen feet (215').
2. A backlot subdivision requires Planning Board approval and only one backlot shall be permitted per lot of record.
3. A backlot shall have a minimum frontage of forty feet (40') and the remaining lot or any future lots shall have the minimum frontage required for the zoning district. The width of the backlot shall not be less than forty feet (40') within two hundred feet (200') of the front lot line.
4. A backlot shall have a minimum lot size which is 50 percent greater than that required for the remaining lot or lots in the zoning district. *3/10/92
5. Structures or the display of merchandise (including motor vehicles) shall be permitted to be located on a backlot only in areas where the width of the lot, as measured parallel to the front lot line, is equal or greater than the minimum frontage requirement of the zoning district in which it is located. For the purpose of this section, signs shall not be considered structures. *3/14/95"
Addressing each in turn:
These were both lots of record as of March 10, 1992;
1. Combined they are more than 5 Acres in size;
2. One backlot per lot of record results in four lots;
3. The frontage may not need a variance, it appears to comply. The width of the lots may need to be clarified and/or a variance granted.
4. The backlots appear to have the required minimum lot size.
5. The location of any structures may require a variance to this requirement since it appears that there may not be sufficient frontage even at a good distance in from the road.
The Planning Board has also expressed concern that the driveway cuts across all four lots. It is possible that they owners are contemplating a shared drive.
[End of Notes.]
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