NOTTINGHAM ZONING BOARD OF ADJUSTMENT
September 23, 2008
PUBLIC SESSION
APPROVED & AMMENDED
PRESENT: ABSENT:
Mr. Kevin Bassett, Alternate Mr. Doug Leib, Chair
Mr. John Morin, Clerk James Crowell, Alternate
Mr. James Morin Mr. Mike Russo
Mr. Jim Howard
OTHERS PRESENT:
Ms. Lisa Sears; Land Use Clerk, Sandra Weston; Town Clerk, Frederick Ferhmann, Kim Clark, Romeo Danais, Gerald Giles, Heidi Seaverns, Florence Chamberlain, Ronald Chase Sr., Scott Canney, Mr. & Mrs. Howard, Thomas Sweeney, Reed Murphy, Erica Washburn, Steven Black, David Black, Donald Belletete, Richard Ladd: Jones and Beach.
Mr. John Morin called the meeting to order at 7:06 PM.
New Alternate Member
John Morin introduced Romeo Danais. Ms. Weston swore Mr. Danais in.
MOTION by Mr. John Morin to appoint Romeo Danais as an alternate member of the Nottingham Zoning Board of Adjustments for one year.
SECOND by Mr. Jim Morin
VOTE 3-Aye: 0- Opposed: 0- Abstained MOTION PASSED
He explained that he was acting as the Chair this evening in the absence of the Chair and Vice Chair. He explained that there wasn’t a full Board of 5 members; it takes 3 votes to pass and that an applicant has the right to withdraw at any point before a vote is taken. John Morin read the first case.
Case 08-08 Application from Frederick E. Ferhmann for a Special Exception to Article VI Section A-2, to allow a 40’ setback for a parking and storage structure. The lot in question is located at 65 Stage Road, identified as Tax Map 42 Lot 12, and is owned by Fred E. Ferhmann.
The Board reviewed the drawings the applicant provided along with a sketch and
brochure of the proposed structure. Mr. Ferhmann explained that where he wanted to put the one story, 36’ x 20’ structure was the only place it could go due to wetlands, and steep changes in grade with more wetlands in the back. Discussion was on the amount of feet the applicant was asking for. The application has 47’ and the legal notice has 40’. Mr. Ferhmann noted that he had changed it to 40’ as a buffer in case he needed it.
Discussion was on the details of the land and noting that it was not feasible to put it in the back of the lot because of the drop of 4’ and the wetlands.
Mr. Ron Chase, 61 Stage Road, stated that he was not against it, but wanted to walk the property to see where it was going. He also noted that he would not be able to see the structure even though he was the direct abutter. Mr. Ferhmann noted that he had not decided to build this at the time of the driveway was put in. Mr. Ferhmann agreed to allow Mr. Chase to walk the site. The two gentlemen discussed a time to meet to walk the property.
Mr. John Morin read the letter from the Honey Bee Trust that was not in favor of the granting of this Special Exception. Florence Chamberlain acknowledged she had sent the letter and again stated that she was not in favor of this because the laws have been on the books for a long time. She also noted when they had built their home they had to follow the laws and she felt Mr. Ferhmann should have to follow them as well. She added that he knew what he bought when he bought the property so he should be able to live with it. She also felt that Mr. Ferhmann could go the opposite side of the property. It was noted that he could not due to seasonal wetlands and his leach field. Discussion from the Board, the abutters and the applicant was again on the 40’ vs. the 47’. All parties agreed to the 47’ setback.
Mr. John Morin read the applicants answers to the 3 criteria questions. Discussion was on the structure size and existing driveway.
MOTION by Mr. Bassett to amend case #08-08 from 40’ setback request to 47’ setback
SECOND by Mr. Danais
VOTE 4-Aye: 0- Opposed: 0- Abstained MOTION PASSED
MOTION by Mr. Bassett to accept the application from Fredrick Ferhmann to allow a special exception for a 47’ setback for a one story, 2’x 36’ parking and storage structure as shown in the file.
SECOND by Mr. Danais
VOTE 4-Aye: 0- Opposed: 0- Abstained MOTION PASSED
Mr. John Morin explained the 30 day appeal process.
Mr. John Morin read the open the next two case and noted that both cases will be heard, at the same time.
Mr. Richard Ladd noted he was representing both cases but that they would like to wait for a full board.
Case 08-06 Application from Leonard Giles Revocable Trust for an Area Variance to Article VI Sections A, B & H, to allow relief from Dwelling Unit Requirements, Setbacks, Lot Lines & Angles, and Cluster Subdivision Regulations in order to build a 23 lot conservation subdivision. The lot in question is located at Gebig Road, identified as Tax Map 17 Lot 31, and is owned by Leonard Giles Revocable Trust.
Case 08-07 Application from Little River Realty Trust for an Area Variance to Article VI, Sections A B & H, to allow relief from Dwelling Unit Requirements, Setbacks, Lot Lines & Angles, and Cluster Subdivision Regulations in order to build a 6 lot conservation subdivision. The lot in question is located at Gebig Road, identified as Tax Map 17 Lot 25, and is owned by Little River Realty Trust.
The Board discussed possible dates. Mr. Thomas Sweeney, an abutter was allowed to speak. He noted that the legal notice was incorrect for case #08-07. The correct address is 375 Stage Road not Gebig Rd. He also stated that he believes that the Zoning Board should not be even listening to the case because the Ordinance’s state no cluster subdivisions. He added that was done by a vote of the Town’s people. He noted that this town has not passed a conservation overlay district either. He believes this case should be heard at the Planning Board. Mr. Sweeney started to go into details of the plans but it was noted that the Board has not seen all the information and the applicants have not presented to the Board yet.
Mr. John Morin noted that the purpose of the Zoning Board is to grant relief to property owners from any of the zoning ordinances, but he did want to go into details yet. Mr. Sweeney again stated it was the Town residents that had voted to have no cluster developments and he believes it is only the Town who can vote it back in, not the planning board or zoning board.
MOTION by Mr. John Morin to recess both of these cases until October 7, 2008 at 7:00pm.
SECOND by Mr. Bassett
VOTE 4-Aye: 0- Opposed: 0- Abstained MOTION PASSED
MOTION by Mr. John Morin to pay for the cost of the renotification.
(motion was not seconded, motion dies)
The Board reviewed that applications and noted the error for the address was given by the applicant and therefore the cost of renotification, including a new newspaper ad, would be to the applicant. Mr. Ladd agreed. He also gave Mrs. Sears additional sets of plans.
Approval of Minutes
The Board tabled the minutes until the next meeting with more members present.
MOTION by Mr. Basset to adjourn the meeting at 7:55pm
SECOND by Mr. Jim Morin
VOTE 4-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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