NOTTINGHAM ZONING BOARD OF ADJUSTMENT
September 29, 2009
PUBLIC SESSION
Approved & Amended
PRESENT: ABSENT:
Mike Russo; Chair James Morin
Kevin Bassett, Alternate James Crowell, Alternate
Peter Landry John Morin; Vice Chair
Romeo Danais Bonnie Winona, Alternate
OTHERS PRESENT:
Ms. Lisa Sears; Land Use Clerk
Joseph Valencia, Aplicant
George Gilman, Abutter
Richard Minesinger, Abutter (Mendums Landing Assoc.)
Chair, Mike Russo called the meeting to order at 7:15 PM and read the first case. Mr. Russo explained that there isn’t a full board and the applicant has the right to withdraw at anytime before the vote is taken. Mr. Valencia agreed to continue with only 4 members.
Case 09-08-AV Application from Joseph Valencia for an Area Variance to Article III, Sections A.2 (b)1, to allow an existing building that will be used for commercial use, to be 56 feet from the property line in the Route 4 commercial zone, whereas the 100 feet is required. The lot in question is located at 65 Old Turnpike Road, identified as Tax Map 5 Lot 5, and is owned by Joseph Valencia.
Mr. Valencia explained that he has a residence on Route 4 that he would like to have a small garage business that does minor repairs and state vehicle inspections in. He noted he is going through the site plan process with the Planning Board now but needs this variance because the existing garage can not meet the commercial set back of 100’(He currently does meet the 50’ residential setback). He passed out photos of the property, the Board reviewed them. Mr. Russo noted he was familiar with the property.
Mr. Valencia explained that he has a total of 38.85 acres; 31 acres which is currently in Current Land Use which may end up as conservation land, currently the balance is residential of that he would like to take out 2 acres (in the front that abuts Route 4) for commercial use. He discussed the positive feedback from abutters when he sent a personal letter to them before Mrs. Sears sent out the legal notices.
Mr. Valencia noted that he is not working now and would like to get this business under way. He explained the location, the screening from the abutters, and reviewed the sketch and photos. He noted that he measured the distance again with assistance and believes now that it is at 60’ not 56’ that he applied for.
Mr. Landry questioned the distance from the front. Mr. Valencia explained he measured from the white line and was 104’ from that so he believes he needed to ask for a variance for that. Mr. Landry questioned the accuracy of measuring from the white line. It was explained to the applicant that if it was discovered he would need that additional variance for the front set back then he would need to reapply for it.
Mr. Gilman, 63 Old Turnpike Road, stated he was in favor of the Board granting the variance. Mr. Minesigner expressed his concerns but once he understood what Mr. Valencia was doing and the relationship to Mendums Landing’s land he had no objections.
The Board reviewed the answers to the 5 criteria questions, some of the following points were made:
- If there were a lot of cars then Mr. Valencia would put up a fence if needed.
- It was also noted that this was in the commercial zone and there are many businesses including garages in the area.
- It’s an allowed use in the commercial zone and a service to residents.
- Mr. Valencia can not move the existing building.
- He is currently going through the Site Plan Review process with the Planning Board.
The Board discussed possible limits to an approval including a time limit and screening on the effected side and Mr. Valencia’s dimensions on the side setbacks.
Mr. Valencia did not choose to withdraw.
MOTION by Mr. Landry to approve Case 09-08-AV from Joseph Valencia for an Area Variance to Article III, Sections A.2 (b)1, to allow an existing building that will be used for commercial use, to be 56 feet from the property line in the Route 4 commercial zone, whereas the 100 feet is required.
- The project must be started within one year from meeting date.
- Sufficient screening/buffer to effected side to be determined by Planning Board (or the Town’s designated agent) during the Site Plan Process.
The lot in question is located at 65 Old Turnpike Road, identified as Tax Map 5 Lot 5, and is owned by Joseph Valencia.
SECOND by Mr. Danais
VOTE 4-Aye. 0- Opposed – 0-Abstained MOTION PASSED
The Board explained the 30 day appeal process. Mr. Valencia thanked the Board. The Board briefly discussed the way roads and setbacks are measured and who owns them.
Approval of Minutes
August 25, 2009
MOTION by Mr. Russo to approve the minutes of August 25, 2009 as written.
SECOND by Mr. Landry
VOTE 3-Aye. 0- Opposed – 1-Abstained MOTION PASSED
Budget/maps
The Board noted that they need to increase the budget for training classes, possibly enough for all 8 members. They noted that basic training is not needed as most members have already gone but they do need to attend updates to law changes and other new topics. Mrs. Sears noted at some point the ZBA may need to buy a file cabinet in the future. Mr. Russo noted that could be next year.
They discussed the need for the Town to get the town maps digitized maps. Mr. Landry noted he is researching the cost for this for the Conservation Commission. Mrs. Sears noted it was also discussed at the Planning Board meeting. It was noted that the town is missing out on grants because of not having the town maps digitized.
Zoning Ordinances confusion
Mr. Landry wanted to discuss the section of the Zoning Ordinances on page 19 that the last month’s case used. He explained, and the Board agreed that:
* Lots with 2 or more acres asking setbacks between 20’-50’ should be a Special Exception. Setbacks below 20’ are a variance.
* Lots less than 2 acres that want 0-20’ setback is a variance
It was noted that it was not clear and perhaps the Board could ask the Planning Board if they want to consider making it more clear and presenting it to the voters in March. They discussed what an equable waiver is.
MOTION by Mr. Danais to adjourn the meeting.
SECOND by Mr. Landry
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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