NOTTINGHAM ZONING BOARD OF ADJUSTMENT
July 22, 2008
PUBLIC SESSION
APPROVED & AMMENDED
PRESENT: ABSENT:
Mr. Doug Leib, Chair Mr. Kevin Bassett, Alternate
Mr. John Morin James Crowell, Alternate
Mr. Jim Howard
Mr. James Morin
Mr. Mike Russo
Ms. Lisa Sears, Land Use Clerk
OTHERS PRESENT:
Richard & Denise Beaumier
Russell Post
Mary Bonser
Chair Leib called the meeting to order at 7:06 PM. He mentioned the favorable outcome of the recent court case of Athanasius Papadopoulos vs. Town of Nottingham. The Court upheld the Zoning Board’s decision on July 10, 2008. (No. 07-E-0549)
He explained that there was a full Board of 5 members; it takes 3 votes to pass and the procedure for the meeting. He read the first case:
Case 08-04 Application from Russell Post for Higher Ground Baptist Church for an Area Variance to Article III Section A-2.b.7 , to allow the building of a 52’ steeple: when the 34’ is the allowed height. The lot in question is located at 100 Old Turnpike Road, identified as Tax Map 4 Lot 8, and is owned by Higher Ground Baptist Church.
Russell Post spoke to the Board explaining that the location of the existing Church, and that they are adding a foyer and would like to put a bell tower and steeple on it. They discussed the bell in detail and reviewed a photo of it. They reviewed the sketch of the proposed steeple. The steeple will be made of fiberglass, with the total height being between 49’ – 52’. Mr. John Morin asked about the bell and how often it would be rung. Mr. Post noted a few times before service on Sundays. Mr. Russo asked about the lighting of the bell. Mr. Post stated that he would like some light on the bell at night but wasn’t sure what the times would be. The Board noted any light would have to comply with the Town’s lighting ordinance. Mr. Post agreed.
Discussion was around the total height of the steeple. Mr. Post noted that they sit on almost 22 acres and no abutters could see them. Mr. Post noted the large distances of the closest abutters through the woods. There were no abutters present. They discussed the various estimated heights of other steeples around town. It was concluded that the proposed 52’ height of this steeple would be about the same or lower than others in town. They also briefly discussed that there would be no safety issues incase of a fire, no one to rescue above the 34’ height of the fire trucks.
Chair Leib read the 5 criteria and the applications answers. All the Board members agreed and voted that each of the 5 criteria had been met in this case. Discussion concluded that this steeple would add to the rural character of Nottingham.
MOTION by Mr. Howard to approve the variance as written.
SECOND by Mr. Russo
VOTE 5-Aye: 0- Opposed: 0- Abstained MOTION PASSED
Chair Leib explained the 30 day appeal process. He went on to read the next case:
Case 08-05 Application from Richard Beaumier for an Area Variance to Article VI Section A-2, to allow a 5’ setback for a one story, two car garage: when a 20’ setback is required. The lot in question is located at 13 Fort Hill Road, identified as Tax Map 24 Lot 73, and is owned by Richard and Denise Beaumier.
Mr. Beaumier explained the topography and grade of this property (steep with about a 6’ drop off) and how it is unique. He presented photos and diagrams of the existing driveway (were the proposed garage would go, approximately 25’ from the street) and it’s relation to the road, street and closest abutter. He explained that this is the only place on the property that the garage could go. He explained that most of the neighborhood has garages, of various sizes. Mr. Russo asked if he had the proper fill in the proposed site; for safety reasons. Mr. Beaumier confirmed that he does have the proper fill, and explained that he has also considered the proper water run off and erosion control, as well. He also noted that he had spoke with the building inspector and that he doesn’t need to apply to the
state, under the latest shoreline protection act.
Discussion was for the Boards concern for the proposed height of the new garage. They were concerned that the new structure does not block any abutters views and that the new structure still fits in with the character of the neighborhood. Mr. Beaumier noted that no views would be blocked and that he would like to make the garage so that it matches the style of his existing home, similar pitch of his home. He later agreed, after much discussion from the Board about the pitch of the room and the height, to a 16’ height maximum.
There were no abutters presented but Mr. Beaumier presented the Board with a letter from (Spiros & Irena Politis, 11 Fort Hill Road) the closest abutter stating that they were in favor of this application. Chair Leib read the letter for the record. Mr. Beaumier noted that this is the neighbor that would be affected that most by this garage; as they share this boundary line that the garage would be next to.
Chair Leib read the answers to the 5 criteria. All the Board members agreed and voted that the applicant had met each of the 5 criteria. Mr. John Morin stated that he felt that this would be in keeping with the character of the neighborhood and would not be contrary to the spirit of the ordinance. Mr. Russo agreed that it fits the neighborhood.
MOTION by Mr. Howard to approve Case 08-05, from Richard Beaumier for an Area Variance to Article VI Section A-2, to allow a 5’ setback for a one story, two car garage not to exceed 16’ in height: when a 20’ setback is required. The lot in question is located at 13 Fort Hill Road, identified as Tax Map 24 Lot 73, and is owned by Richard and Denise Beaumier.
SECOND by Mr. Russo
VOTE 5-Aye: 0- Opposed: 0- Abstained MOTION PASSED
Chair Leib explained the 30 day appeal process.
Letter for Planning Board from Mike Russo
The Board briefly discussed the letter Mr. Russo is sending to the Planning Board on behalf of the Zoning Board of Adjustments. They reviewed the minutes and discussed how they would like to have better communications with them. Chair Leib agreed that the procedure issues; like which board’s approval an applicant gets first, need to be addressed by both Boards. Mrs. Sears noted that there will soon be a case that this could help with. Mr. Russo noted that it would benefit both Boards if there was some kind of protocol developed for this type of situation, so all applicants get treated the same.
Chair Leib felt that applicants should go before the Planning Board first; because they are the planners. Ms. Bonser noted there aren’t any RSA’s that govern this and it is up to the applicant now. She also asked the Board to look into recent legislation that the Local Government Center would like the town’s input into. Mrs. Sears will forward this information to the Board this week.
Mr. John Morin asked what the definition of cluster development was. Mr. Russo explained. Mrs. Sears will update this Board with what the Planning Board would like to suggest, at the next meeting.
Approval of Minutes
June 3, 2008
The following changes were made by the Board:
Line 18: change produce to procedure
Line 51: delete from
Line 62: insert also before explained and delete there is a and replace with where the shed is currently.
Line 170: insert a coma after on
Line 191: change indent to intent
Line 194: change confirmed to enquired about, and delete noted that he
Line 201 delete the s on Boards
MOTION by Mr. Howard to approve the April 1, 2008 minutes, as amended
SECOND by Mr. Russo
VOTE 5-Aye. 0- Opposed – 0-Abstained MOTION PASSED
Other Business
Mrs. Sears noted that the Board members should check their email for details of a great bay cruise invitation.
Chair Leib would like to make suggestions for changes to the application, the Board agreed to hear his suggestions for the changes at the next meeting. He would like the form to be easier for applicants.
MOTION by Mr. Jim Morin to adjourn the meeting at 8:25pm
SECOND by Mr. John Howard
VOTE 5-Aye. 0- Opposed – 0-Abstained MOTION PASSED
Respectfully Submitted,
Lisa L. Sears
Land Use Clerk
These minutes are subject to approval at a regularly scheduled Zoning Board of Adjustment meeting at which time the above minutes are corrected or accepted.
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