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Zoning Board of Adjustment Minutes 06/19/2007
NOTTINGHAM ZONING BOARD OF ADJUSTMENT
SITE WALK & WORKSHOP
JUNE 19, 2007
NOT FINAL UNTIL APPROVED BY THE BOARD


VOTING MEMBERS PRESENTVOTING MEMBERS ABSENT:
Mr. Doug Leib, Chair    Mr. Kevin Bassett, Alternate
Mr. Mike Russo
Mr. John Morin
Mr. Jim Howard
Mr. Kevin Jordan


OTHERS PRESENT:
Mr. Jim McKenna
Mrs. Joanne McKenna
Ms. Janet St. Laurent
Mr. Christopher York
Mr. Jeff St. Laurent
Mr. George Goedecke


Chair Leib called the meeting to order at 6:00 PM.  He explained to those present that the hearing was open for anyone who wished to have comments on record.


SITE WALK – PINE STREET – MAP 1 LOT 149 – CASE #07-05:

At Mr. Jordan’s request, all present walked the length of Pine Street.  Mr. McKenna stated that Pine Street is only accessible through a small right-of-way located next to the camp two lots down from his or through his Lot 149.  He explained that his neighbor, Mr. Campbell, accesses his own camp through Lot 149, not the right-of-way two camps down.  Pine Street is rarely used for vehicular traffic.

Mr. McKenna had his property bounds staked out and the proposed garage footprint (18’ X 34’) delineated by stakes and string.  He indicated that the proposed setbacks allowed for an 8’ buffer on both sides of the garage and stated the proposed height was 20’.  Noting the abutters concerns over the proposed height of the garage, Mr. McKenna indicated that he was willing to go with a one-story garage if he could have a bigger footprint (24’ X 36’) and showed everyone a picture of the alternate structure.  Mr. Jordan explained that if Mr. McKenna needed additional setbacks, the process would need to start over.  Mr. McKenna indicated he was willing to start over.

Mr. York stated the St. Laurent’s were concerned about compromising their position in the future and voiced concerns of the garage lot being sold separately and turning into a storage eye-sore.  Ms. Chauvey noted that as a separate lot, it could be sold at any time, with or without a garage.  Chair Leib stated that if the lot was sold, having a garage on it would limit what else could be done, noting that as an empty lot Zoning currently would allow for someone to build a 10’ X 40’ building that is 33’ high.  Ms. St. Laurent stated that she did not have a problem with the garage until she saw the size.  Mr. York stated he felt any structure located on this lot would negatively impact the St. Laurent property.  Mr. Goedecke felt it was a big building for the lot.

With all comments noted, Chair Leib closed the public hearing at 6:50 PM and informed those present that a decision would be reached within 30 days.

Discussion between the abutters continued after Chair Leib closed the hearing.  The abutters and Mr. McKenna came to an agreeable solution and asked the Board to consider 12’ setbacks from the St. Laurent property, instead of the proposed 8’.

The meeting was recessed until members returned to the Municipal Office.


DOCUMENTATION WORKSHOP:

Ms. Chauvey asked members of the board if ZBA applications needed to be signed by all property owners.  Members of the board agreed that they did not wish to make it cumbersome for applicants, therefore, the signature of one owner was sufficient.

Ms. Chauvey asked if she should include a statement at the bottom of all applications stating that if the applicant is not the property owner, the application must be accompanied by a notarized authorization for representation.  All members concurred.

Ms. Chauvey asked if she could include a line for Tax Map and Lot # on all applications.  Board Members felt this was appropriate.

Application for an Equitable Waiver of Dimensional Requirements

Chair Leib noted the numbering of questions was incorrect.  What was labeled as question # 3 should be an “ –OR– “part to question #2 and what was labeled as question #4 should have been an “ – AND – “ part to the “-OR-“ section of questions #2.  Therefore, what was labeled as question #5 should be #3 and what was labeled as question #6 should be #4.  

Chair Leib also noted that a section of the Application for Special Exception was included on Page 3 and should be removed.

Ms. Chauvey stated she felt the first sentence after “NOTE: …” was not clear.  Chair Leib suggested changing the end of the sentence to read, “…statements below have been completed.”  All members concurred.

Findings of Fact

Chair Leib noted this document was in need of a “Submitted by:” line.

Application for an Appeal from an Administrative Decision

No changes other than noted above.

Application for a Special Exception

Chair Leib noted that the second question was listed twice and asked to have the first one removed as the formatting was not correct.

Zoning Board of Adjustment Checklist

Chair Leib noted that 1) should say 5 applications, not 3.

Ms. Chauvey noted the fee has changed.

After a brief discussion about whether each application should contain a summary of what issues prompt each application, members agreed to have the summary on the checklist, not on the applications.

By-Laws

No changes.


OTHER BUSINESS:

Mr. Morin asked members if they wanted to close Case #07-05 tonight.  Chair Leib asked if anyone wanted to make a motion.

Mr. Jordan made a motion to approve the application of James McKenna for a variance to Article VI Section A. 2. requiring 20’ setbacks, to allow for a garage to be built 8’ from the side property line and 12’ from the Pine Street property line, with the height not to exceed 20’ on Pine Street.  This lot is identified as Tax Map 1 Lot 149.  The motion did not receive a second.

Chair Leib asked if there were any other motions.

Mr. Morin made a motion to approve the application of James McKenna for a variance to Article VI Section A. 2. requiring 20’ setbacks on pre-existing, non conforming lots, to allow for an 18’ X 34’,non-habitable, gambrel-style garage to be built 12’ from the side property line and 12’ from the Pine Street property line, with the height not to exceed 20’ on Pine Street.  This lot is identified as Tax Map 1 Lot 149.  Mr. Russo seconded the motion.  All in favor.  Motion passed 5-0.

Mr. Morin made a motion to adjourn the site walk/workshop meeting.  Mr. Russo seconded the motion.  All in favor.  Motion passed 5-0.

Meeting adjourned 8:25 PM.

Respectfully submitted,
Traci Chauvey
Zoning Board of Adjustment Secretary