NOTTINGHAM ZONING BOARD OF ADJUSTMENT
December 1, 2009
PUBLIC SESSION
Approved & Amended
PRESENT: ABSENT:
Mike Russo; Chair Kevin Bassett, Alternate
John Morin; Vice Chair James Crowell, Alternate
Romeo Danais
James Morin
Peter Landry
Bonnie Winona, Alternate (not seated)
OTHERS PRESENT:
Ms. Lisa Sears; Land Use Clerk, Joseph Valencia, George Gilman, Terry Bonser
Chair Mike Russo called the meeting to order at 7:05 PM and read the first case. Mr. Russo explained that there was a full Board present. Chair Russo called the first case:
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 81 feet from the front 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. Landry asked about the distance being requested on the notice (81’) vs. the application (83’). Mrs. Sears noted she needed to send the notices out before she had time to clarify with the applicant so to be safe she noticed the lesser amount and was planning on asking tonight. She noted the PB Site Walk notes dated Oct. 15, 2009, from Arthur Stockus. Mr. Russo added that the notes are the most accurate we have.
Mr. Valencia agreed to ask for the 81.3’. This Board discussed how it was measured, and whether or not to count the concrete slap. They did not. The Board gave John Morin and Jim Morin a brief history/overview of this case to date.
Mr. Landry questioned Mr. Valencia on his measuring accuracy, noting that the dimensions being used are not his. Mr. Landry noted that there is no professional survey done on this property. He noted that he was uncomfortable with these measurements, and making a decision without factual information. He had concerns for future owners of this property. Mr. Valencia noted he could not afford a professional surveyor.
Mr. Danais suggested the Board entertain the lesser amount to be safe, and allow for a margin of error. Chair Russo suggested possible language of less than 100’ as built. The Board had no other questions for the applicant. Chair Russo called for abutters and public input. Mr. Gilman noted he was in favor of the Variance, he also asked about zoning uses in the area. The Board noted that this was a 100’ set back because of the change of use to commercial.
MOTION by Mr. Danais to approve 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 less than 100 feet from the front property line, as built and reflected in the Oct. 15, 2009 Planning Board site walk meeting notes taken by Arthur Stockus.
SECOND by Mr. Jim Morin
VOTE 3-Aye. 1- Opposed – 1-Abstained MOTION PASSED
Chair Russo noted the 30 day appeal process. Mr. Valencia thanked the Board.
Mr. John Morin brought up that when motions are made that the board members should be careful and more formal in the motions they make, by reading the case out or saying Case number and as written, plus any additional conditions. The Board members agreed.
Update on RSA for Notice of Decisions-correction
Mrs. Sears gave the Board a copy of the updated RSA, effective September 2009. Mrs. Sears noted a past case that she had consulted Local Government Center (LGC) on. She explained that in the case of Mr. Nelson Smith (April of 2008). She noted that when she originally did his Notice of Decision that she did not accurately reflex the details in that motion. She explained that has caused issues because people have reviewed the file, not looking at the minutes and making inaccurate statements because of it. She told the Board that LGC said it was ok to amend the notice if the Board agreed and made a motion to do so, then keep all of that information in the file and send to the applicant.
They reviewed the ZBA minutes of April 22, 2009. The Board agreed the condition left out of the Notice of Decision, was part of the original motion. Mrs. Sears noted it was her error, having left it off the Notice of Decision.
MOTION by Mr. Russo to amend the Notice of Decision dated April 22, 2008 for Case 08-1 for Nelson Smith, Sr. TM 25 Lot 16-2 to accurately reflex the motion made by Mr. Howard at the April 22, 2008 Zoning Board of Adjustment meeting. (missing from the Notice was that all commercial activity will cease upon Planning Board approval of the subdivision).
SECOND by Mr. Landry
VOTE 5-Aye. 0- Opposed – 0-Abstained MOTION PASSED
Approval of Minutes
October 27, 2009
MOTION by Mr. John Morin to approve the minutes of October 27, 2009
SECOND by Mr. Russo
VOTE 4- Aye. 0- Opposed –1-Abstained MOTION PASSED
September 29, 2009
MOTION by Mr. Landry to approve the minutes of September 29, 2009
SECOND by Mr. Russo
VOTE 3- Aye. 0- Opposed – 2-Abstained MOTION PASSED
Other Business
During in the meeting, the Board briefly discussed proper procedures for voting, making motions and when a member to recuse yourself. Mr. Landry noted that there will be times he has to recuse himself from the Board and present a client’s case. The Board agreed they would take it on a case by case basis but didn’t foresee a problem with him presenting a client’s case as long as he had recused himself from his client’s case.
They also noted that applicants need to come before the Board with more accurate information. The Board and Mrs. Sears noted that they can’t require an applicant hire a surveyor so some cases can be difficult. They discussed the problems it causes. Mr. Russo suggested giving an applicant some type of brochure. They also discussed having more site walks and if a member would like more information then they could require that of the applicant.
Special Exception Application
Mr. Russo noted that he had not had a change to update and correct the application to better reflect the criteria. Mrs. Sears noted that she could make the change and send to the Board via email and then it could be formally approved at the next meeting. The Board agreed.
They also discussed their role as ZBA members and not try to cover issues that do not fall under their prevue such as, planning board type questions or the building inspector’s role.
MOTION by Mr. Landry to adjourn the meeting.
SECOND by Mr. Russo
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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