NOTTINGHAM ZONING BOARD OF ADJUSTMENT
October 7, 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. Romeo Danais
Mr. Jim Howard
OTHERS PRESENT:
Ms. Lisa Sears; Land Use Clerk, Susan Mooney; Conservation Commision & Planning Board member, Mr. & Mrs. Howard, Reed Murphy, David Black, Sandra Weston, Thomas Sweeney, Heidi Seaverns, Steven Black, Carrie Jay Scott, Skip Seaverns, Donald Belletete, Richard Ladd: Jones and Beach.
Mr. John Morin called the meeting to order at 7:07 PM. He read the first case:
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.
Mrs. Sears asked if the Board would like to hear this case along with the next case at the same time as they had done in the past. Mr. John Morin stated no, that they will be heard as separate cases.
Mr. Richard Ladd noted he was representing both cases. Mr. Ladd gave a brief history of the proposal. He showed plans that are currently on hold in the Planning Board, and then he showed the current proposed plans. He noted that it was the Conservation Commission that had approached both applicants and him with the concept to have these properties become “a model” for the Conservation Overlay District, last November. He explained how he worked on the Conservation Overlay District with them and when the Conservation Overlay District when it did not go before the voters, he was again encouraged by the Town Planner and the Conservation Commission to approach this project through the Zoning Board process, rather than wait for the Planning Board to complete the Conservation Overlay District (COD). He noted that
there is the same number of lots on both plans, but this new plan allows for 50% of the highly valued land, close to the river, go into a conservation easement and there would be less roads for the Town to maintain, in exchange for the variances.
John Morin noted that he believes the “not contrary to the public interest” criteria was not met because the Town had voted not to allow cluster subdivisions. Mr. Ladd noted the Town votes on everything in the ordinances, like setbacks but the Board grants variances to those, and this was no different.
Mr. Sweeney stated he believes that it shouldn’t be allowed to go through and it should go through the Planning Board process when/if the COD is adopted by the Town. He also stated he believes that the Conservation Commission doesn’t have the right to say go ahead and try this anyway. He again stated that he didn’t believe it was the right way to do this.
John Morin stated that every case has a right to be heard, but they have to decide if they meet the 5 criteria. He stated that he felt it was bad judgment on the part of the Conservation Commission to encourage the applicants to try to do this through the Zoning Board. John Morin started to read read the applicants answers for each of the criteria questions on the application.
#1. …not diminish surrounding property values… Mr. Ladd reviewed the plans and surrounding areas. He explained the difference in the plans and how this plan saves highly valued conservation land; 50% of the parent parcel. They are asking as a “trade off” to go down to a minimum of 35,000 square foot per lot. He noted that the applicants have lost almost a year in this process.
Skip Seaverns reviewed the process to date for the COD. Mrs. Sears noted that Cynthia Copeland will be presenting the latest version of the COD, at the Planning Board workshop tomorrow night. Mr. Howard asked if they could proceed with the old plan. Mr. Ladd noted that they could. Mr. Howard asked if that wouldn’t be easier. Mr. Ladd agreed it would be, but they were asked not to.
Ms. Mooney reviewed the plan and noted that this property is a highly valued area by many conservation groups as a wildlife corridor. She also explained Mr. Ladd’s experience with developing Conservation Subdivisions for other area towns.
Dave Black asked about what the benefits to wildlife were. Ms. Mooney noted certain animals would not move across land, if developed.
Don Belletete, an abutter, was concerned with the access in and the lack of different exit. He noted he was for wildlife but all 23 homes would have only one in and out was not safe.
John Morin, thanked Ms. Mooney for her input but returned to the criteria. Mr. Sweeney commented on the roads in the old plan as more appropriate. Mr. Howard commented on the new plan having less road for the Town to maintain and therefore less cost for the Town, over time. He also noted there was a lot of wildlife in the area they were trying to preserve.
John Morin had each Board member comment on each of the 5 criteria questions, with an informal vote.
- one member stated that it would diminish surrounding property values but the remaining members said it would not.
- John Morin stated that he felt they could pursue the old plan. The Board agreed that the applicant had not met criteria #3.
It was discussed, the benefit to the applicant to pursue this plan. It was also noted that they could have asked for less lots, on the new plan.
- John Morin stated that substantial justice was not met because the Town could still get conservation land but they could have fewer lots. All but Mr. Danis agreed.
- John Morin believes it was contrary to the spirit of the ordinance because this many houses do not keep to our rural character. The Board agreed.
John Morin noted that his informal tally had the applicant only meeting the first criteria out of the 5 criteria.
MOTION by Mr. Jim Howard to deny the application as written.
SECOND by Mr. Jim Morin
VOTE 5-Aye: 0- Opposed: 0- Abstained MOTION PASSED
Mr. Sweeney noted his comments were not personal but he believed in the process. Mr. John Morin opened the next case.
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.
Mr. Ladd asked stated that they would like to withdraw the next application. The Board accepted the withdrawal.
Approval of Minutes
September 23, 2008
The Board noted that Mr. Jim Howard was listed as present but was absent.
MOTION by Mr. Basset to approve the minutes of September 23, 2008 as ammended
SECOND by Mr. Jim Morin
VOTE 4-Aye. 0- Opposed – 1-Abstained MOTION PASSED
MOTION by Mr. Basset to adjourn the meeting at 8:25pm
SECOND by Mr. Jim 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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