NOTTINGHAM ZONING BOARD OF ADJUSTMENT
JANUARY 30, 2006
PUBLIC SESSION
APPROVED APRIL 3, 2007
VOTING MEMBERS PRESENT: ABSENT:
Mr. Doug Leib, Chair Mr. Jim Howard
Mr. Kevin Jordan Mr. Jim Crowell, Alternate
Mr. John Morin
Mr. Earle Rourke
Mr. Kevin Bassett, Alternate (arrived @ 7:18)
OTHERS PRESENT:
Mr. Shane Carey, Neighbor
Mr. Eric Jennings, Neighbor
Mr. Randal Hale, Abutter
Ms. Irma Hale, Abutter
Mr. Michael Russo, Neighborhood Guardians
Ms. Charlene Anderson
Mr. Jim Hadley, Town of Northwood
Mr. Steve Conklin, Barrington Resident
Traci Chauvey, ZBA Secretary
The Chair called the meeting to order at 7:05 PM.
Chair Leib explained that the Board is made up of five (5) members and a vote of three in the affirmative is required for approval. He noted that there were only 4 Members present and provided Mr. Riley the opportunity to postpone. Mr. Riley requested to move forward with the application. Chair Leib then informed all present that there was only one hearing tonight and that a mistake had been made in the noticing of the Neighborhood Guardian’s request for a re-hearing. He stated that the Board would be having a discussion amongst themselves to decide whether or not to re-hear the case.
Case 07-01 Application from John Riley for four (4) variances to Article VI Section 2 requiring 20 foot setbacks to allow for a garage to be built with the following setbacks: 12’11” setback from the North property line, 7’ setback from the South property line, 3’ setback from the East property line, and 4’ setback from the West property line. The lot in question is located at 34 Seaman’s Point Road and is also identified as Tax Map 68 Lot 92. The property is owned by John and Mark Riley.
The Chair opened the Public Meeting at 7:16 PM stating there was a tax map available for those who wanted to see the lot.
Chair Leib invited Mr. Riley to come forward and present to the Board. Mr. Riley stepped forward and presented new plans to the Board Members. He gave a brief history of the property noting that his family has owned the property since 1964. He stated that the garage burnt in 1998, however he did not have funds to repair it at that time. Mr. Riley was granted a building permit and has since excavated the site. He informed the Board that his intent with this new plan was to better center the building on the property, as the old garage was over the north-west property line, and to push it into the hill, away from the road. He stated that the building was going to be used for storage of boats and items from the island during winter months.
Mr. Bassett arrived at this time. Chair Leib asked Mr. Bassett to sit in for Mr. Howard. Mr. Bassett accepted. Chair Leib brought him up to date.
Mr. Riley stated that he was looking forward to the future of the island. He intends to modernize the house with solar electricity and make it more habitable. He stated that many items cannot be left on the island over the winter because theft has been a problem.
Mr. Morin asked if the property in question is deeded with the island or if they are two separate lots. Mr. Riley responded that it is deeded with the island. There is a copy of the deed in the file.
Mr. Riley reported that he plans a 12’ height for the first floor to accommodate a pontoon boat with canopy. He intends to have a climate controlled environment on the top floor to store the power stack batteries and other items from the house during the off-season. He stated that the proposed roof peak is at 29’ 6”. Mr. Riley reported that there is a discrepancy in the size of the prior garage. Tax records state the building was 19’ X 21’. The fire report states it was 20’ X 30’. Mr. Riley stated that there is no record of the height of the building, but that it was only one floor. He stated that the Building Inspector had informed him that up to 34’ was acceptable. Mr. Riley stated there will not be any living space in the garage and no plumbing.
Mr. Riley presented an unsigned letter from Charles and Susan Horton, owners of the property to the right and left of Mr. Riley’s property, which stated that the Horton’s had no problems with Mr. Riley’s plan. Chair Leib informed Mr. Riley he would need to get the letter signed. Mr. Jennings voiced concern about the height of the proposed building and noted that the proposed building looks like a house. He asked if the property has been surveyed. Mr. Riley stated it has not been surveyed to his knowledge, however, there are 3 pins set on the corners of the lot and he believes the fourth is under a large boulder. Mr. Jennings also voiced concern about parking, especially if there are guest on the island. Mr. Riley stated that the boat trailer would be parked in the garage and he felt the
parking situation would be better than what it is currently. Mr. Riley reiterated that he is pushing the garage back, into the hill and confirmed that from the front of the garage to the property line is approximately 12’ and there is about another 2’ to the road. Mr. Riley noted for the record that Mr. Jennings and Mr. Carey are neighbors but not abutters and, again, indicated that the abutting property owners do not have any issues with his proposed plan. Mr. Morin, Chair Leib, and Mr. Jordan all voiced concerns at the height of the proposed building. Mr. Riley stated he is willing to work with height. He stated it would create a hardship for his family to not have this storage space.
Mr. Rourke inquired about how the house was heated. Mr. Riley stated there is no heat at this time. He clarified that there is propane for cooking but not for heat. Mr. Rourke verified with Mr. Riley that the propane will not be stored in the garage.
Mr. Bassett made a motion to recess this meeting to a site walk, at the location, Tax Map 68 Lot 92, on February 6, 2007 at 3:30 PM. Mr. Jordan seconded the motion. All in favor. Motion passed 5-0.
DISCUSSION OF REHEARING FOR NEIGHBORHOOD GUARDIANS:
The Chair opened discussion on the rehearing at 8:10 PM.
Chair Leib reported that the Neighborhood Guardian’s have requested a rehearing stating the meeting that was held on December 19, 2006 was invalid since the ZBA did not declare it to be an issue of regional impact and did not notify nine surrounding communities.
Mr. Russo asked Chair Leib to acknowledge receipt of an objection he submitted to the hearing not taking place tonight and also inquired as to whether everyone on the Board had a copy of the application. Chair Leib stated he did not think Mr. Russo’s letter was pertinent to tonight’s meeting and, therefore was not going to read the letter into the record.
Ms. Charlene Anderson asked Members of the Board to identify themselves.
Chair Leib stated that based on RSA 36:54 he did not deem the application received as regional impact. He stated there was no proposed development associated with the appeal of an administrative decision. He stated that none of the issues before the Board that night had to do with regional impact. Chair Leib stated that the only issue the Board had to decide was whether or not the DOT driveway permit was valid when the building permit was issued. He indicated that the whole purpose of regional impact is so that when everything is in the planning stages, people that are going to be affected can have input. He stated that there was no additional information to be added at the last meeting. Chair Leib stated he felt the argument of regional impact does not have merit.
Mr. Hadley asked Chair Leib if the Board had received a copy of his letter. Chair Leib responded that they had. He asked Chair Leib to look at 2(b). Speaking as one Selectman, he stated that the Town of Northwood was never notified of the meeting of December 19. He stated that it specifies, if you look at the Neighborhood Guardian’s submission as well as his letter, it stated right in there that Transportation Networks is part of that development of regional impact. He told Chair Leib that if he read the letter that the Selectmen wrote to Chris Mills and Charlie Brown, it states that the Police Chief has standing and speaks on behalf of the Board of Selectmen. Mr. Hadley reported that that information has come subsequent to the December 19th meeting. He informed the Board that the
Neighborhood Guardian’s has an appeal currently with the Department of Transportation for the clarification of the order that was dismissed on November 28. He also informed the Board that Save our Groundwater has a motion for reconsideration that is still open, which puts a stay on the Transportation Appeal Board in Concord. Chair Leib stated that the driveway permit was not under suspension when the building permit was issued. Mr. Hadley agreed, stating subsequent to that there is new information. He stated that the driveway permit has no standing currently. Chair Leib stated that the last correspondence from DOT stated the driveway permit was not under suspension and was valid on November 22nd. Mr. Hadley asked if the Board had checked on any other outstanding appeals prior to the meeting tonight. Chair Leib stated that would not matter. Mr. Hadley confirmed with the Board that they would deny a rehearing without
checking for outstanding appeals. Chair Leib stated that is correct. Chair Leib stated the rehearing request is not based on whether the DOT permit was valid but on whether the nine abutting communities should have been notified because of regional impact. Mr. Hadley asked Chair Leib to read the last paragraph of the letter he submitted. Chair Leib stated they are only looking at the motion for the rehearing. Mr. Hadley stated that the notice publicly said anyone that wants to comment can. He stated he spoke with the ZBA Secretary that morning to ask if he could fax something to have entered into the record and was told that he could. He stated that his letter has been accepted and distributed to Board Members, so if Chair Leib was saying it was not relative, then he was ignoring input. Chair Leib stated that in reading it, it is not relevant, in his mind. Mr. Hadley asked Chair Leib to confirm that he felt it was not relevant
because the Board had not verified if there are any other outstanding appeals on this driveway prior to this meeting. Chair Leib stated that is correct. Chair Leib stated that the Board would not accept anymore comments from the public.
Mr. Rourke stated he felt the project needs to be taken as a whole and not in pieces. He stated he felt that if it was deemed a regional project at one time, it should all be regional and the nine towns should have been notified. He felt the way to correct it was to hold another hearing. He felt the outcome would be the same.
Mr. Rourke made a motion to deny the application for a re-hearing based on the lack of any new information.
Mr. Conklin stated he was from Barrington and had been involved in this process from the beginning. He stated he was here tonight as an observer and was to report back to Town Officials. He stated he agrees with Mr. Rourke and that this is a project of regional impact and it would be really unfortunate if a decision of that sort was not acknowledged. He indicated that the ZBA needs to keep in mind that there is joint interest in this project and Barrington has kept up their part of the bargain. Chair Leib asked what kind of information Barrington could have provided at the December 19th meeting. Mr. Conklin responded that he did not know. He stated he simply wanted to remind the Board of the close working relationship of the Towns.
Chair Leib, base on Mr. Rourke’s theory that once designated regional impact, all hearings moving forward should be notified as such, stated he was not opposed to re-hearing it. Mr. Jordan asked if the Town’s legal Council should review the case either way the Board decided to go. Chair Leib stated it was cheaper to just hold another meeting than to consult with Town Council. Chair Leib noted for all present that the re-hearing would be a re-hearing of the original case. Mr. Morin asked if they would be hearing anything new. Mr. Rourke stated the Board would be hearing the case as if it were new. Chair Leib stated the meeting was going to focus on whether or not the driveway permit was valid when the building permit was issued.
Mr. Rourke withdrew his motion to deny the motion for a re-hearing.
Mr. Rourke stated he felt the Board should seek legal advice on this case. Chair Leib stated he felt the Board should accept the application for a motion for re-hearing and schedule a date to correct the error.
Mr. Rourke made a motion to accept the Neighborhood Guardian’s motion for a rehearing so the Town may properly notify the nine communities identified as regional impact communities. Mr. Jordan seconded. Mr. Jordan, Mr. Rourke, Chair Leib voted in favor. Mr. Morin and Mr. Bassett abstained. Motion passed 3-0-2.
Mr. Russo offered to supply the ZBA Secretary with the address information for the nine communities.
Chair Leib set the meeting for February 27, 2007. All were in agreement.
APPROVAL OF MINUTES:
In regards to the minutes of December 19, 2006, Chair Leib asked Ms. Chauvey to clarify the documentation submitted by Mr. Russo in the second paragraph on Page 2. He also noted that the word spoke should be spoken in the fourth paragraph on the same page. Mr. Morin noted he was identified incorrectly in the motion for the Neighborhood Guardians rehearing.
Mr. Rourke made a motion to accept the minutes of the December 19, 2006 meeting, with the above corrections. Mr. Morin seconded the motion. Chair Leib, Mr. Morin, and Mr. Rourke all voted in favor. Mr. Bassett and Mr. Jordan abstained. Motion passed 3-0-2.
Mr. Rourke made a motion to accept the minutes of the November 14, 2006 meeting, as written. Mr. Morin seconded the motion. Chair Leib, Mr. Jordan, Mr. Morin, and Mr. Rourke voted in favor. Mr. Bassett abstained. Motion passed 4-0-1.
OTHER BUSINESS:
Ms. Chauvey stated she would attend the Riley site walk to take minutes.
Mr. Jordan made a motion to adjourn the meeting. Mr. Morin seconded the motion. All in favor. Motion passed 5-0.
Meeting adjourned 8:30 PM.
Respectfully submitted,
Traci Chauvey
Zoning Board of Adjustment Secretary
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