NOTTINGHAM ZONING BOARD OF ADJUSTMENT
August 25, 2009
PUBLIC SESSION
Approved & Amended
PRESENT: ABSENT:
Mike Russo; Chair James Morin
John Morin; Vice Chair James Crowell, Alternate
Peter Landry Kevin Bassett, Alternate
Romeo Danais Bonnie Winona, Alternate
OTHERS PRESENT:
Ms. Lisa Sears; Land Use Clerk
Lisa & Wilfred Loiselle; Applicant
Joseph Valencia, resident
Chair, Mike Russo called the meeting to order at 7:09 PM and read the first case.
Mr. Russo explained to the applicant there was not a full board tonight and they had the right to postpone tonight’s hearing or to withdraw at any time before the vote is taken. Mr. & Mrs. Loiselle agreed to continue with their case.
Case 09-01-AV Application from Wilfred Loiselle for an Area Variance to Article VI, Sections A.2, to allow a shed to be used for storage 30.5 feet from the property line. The lot in question is located at 172 Mitchell Road, identified as Tax Map 8 Lot 10-3, and is owned by Wilfred Loiselle.
Mr. & Mrs. Loiselle presented photos with various views of the lot and proposed shed. The photos did show that the shed had one wall and floor already completed. He explained that it was just one Saturday’s work but he had it stopped, as soon as he realized he needed to speak with the Town and this Board. The Loiselle’s also provided a sketch of the site and noted that this we the best place for the shed due to the location of the septic system, a large boulder, and slope/grade of the property. The Board discussed other possible locations but noted the limits of the lot.
Mr. Landry wanted the Board’s opinion on the wording of this article in the Nottingham Zoning Ordinances. Mrs. Sears agreed that the ordinance was not clear but consulted the Building Inspector and Ms. Chauvey and was told that this is a variance and not a special exception; the special exception in the ordinance was only for the older smaller lots. Chair Russo stated that he believed it was a variance, as well.
Mr. Russo called for abutters. There was none. Mrs. Sears noted she had received 2 phone calls but no one has shown.
They reviewed the applicant’s answers to the criteria on their application, including that it would not diminish the surrounding properties, moving it to meet the setback would restrict access to septic system for repairs or emergency access to rear of building and would not be seen by abutters, accessibility of the shed entrance. Mr. Morin noted that if they put in closer to the house then they would not have enough room for a 2 car garage in the future.
The Board noted that if granted the variance would stay with the property and not expire unless they made such a condition in their motion. They also briefly discussed how the applicant arrived at such an exact distance. Mr. Loiselle explained that the abutter had just had her land surveyed so that is how he knew the exact distance. Chair Russo asked the Board to consider adding an expiration date in their motion if so desired. He also noted that Mr. Loiselle (or any resident) was entitled to one copy of the Zoning Ordinances per year so he would have them for future reference.
MOTION by Mr. Morin to approve Case 09-01-AV an application from Wilfred Loiselle for an Area Variance to Article VI, Sections A.2, to allow a shed to be used for storage 30.5 feet from the property line. The lot in question is located at 172 Mitchell Road, identified as Tax Map 8 Lot 10-3, and is owned by Wilfred Loiselle. The project must be started within one year from today’s date.
SECOND by Mr. Danais
VOTE 4-Aye. 0- Opposed – 0-Abstained MOTION PASSED
The Board explained the 30 day appeal process. The Loiselles thanked the Board.
Other Business/Resident question-Joseph Valencia of 65 Old Turnpike Road
Mrs. Sears explained how Mr. Valencia was in the office on Monday and she thought it best to have the Board discuss his situation before she has him fill out an application or if he even needed to appear before the Board.
Mr. Valencia asked the Board about the process of how to make his residential property into a commercial auto repair business. His property is currently in the residential/commercial zone already. The Board discussed and all agreed that the changing of this would happen when he goes to the Planning Board for the site plan review process. (Nottingham Zoning Ordinance; page 9 Section A.2 c) Mr. Valencia noted he may be back for separate issue of setbacks but he had not measured yet.
Approval of Minutes
April 21, 2009
(Incorrect date of Dec 30, 2008 on header and title:)
Line 3 correct date of April 21, 2009
Line 12 remove Alternate
MOTION by Mr. Russo to approve the minutes of April 21, 2009 as amended
SECOND by Mr. Landry
VOTE 4-Aye. 0- Opposed – 0-Abstained MOTION PASSED
May 13, 2009
MOTION by Mr. Danais to approve the minutes of May 13, 2009 as amended
SECOND by Mr. Russo
VOTE 4-Aye. 0- Opposed – 0-Abstained MOTION PASSED
Mr. Russo noted an upcoming speaker that would be good for the members to attend. The Building on Private Roads- September 15th. Mrs. Sears noted surrounding towns have been invited and some have already said they were coming. She also noted that they can forward any specific issue/question/concern on this topic you want him to address so she can send to him ahead of time.
The Board was also given info on fall training sessions with Local Government Center and NH Office of Energy and Planning.
MOTION by Mr. Russo to adjourn the meeting.
SECOND by Mr. 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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