NOTTINGHAM ZONING BOARD OF ADJUSTMENT
April 27, 2010
PUBLIC SESSION
Approved & Amended
PRESENT: ABSENT:
Mike Russo; Chair Kevin Bassett, Alternate
John Morin; Vice Chair Peter Landry (recused)
Romeo Danais
James Morin
James Crowell, Alternate
Bonnie Winona, Alternate (not seated)
OTHERS PRESENT:
Ms. Lisa Sears; Land Use Clerk, Curtis Naleid, Jim Hadley, Chris Mills, Gail Mills
Chair Mike Russo called the meeting to order at 7:05 PM and read the first case. Mr. Landry had given the Board notice that he recused himself from sitting on this case due to a business relationship with Mr. Naleid. Mr. Crowell was seated for Mr. Landry. Chair Russo explained that there was a full Board present. Chair Russo called the case:
Case 10-01-AV Application from Curt Naleid for an area variance to Article VI Section A-2, to allow less than 20’ setback for building/porch. The lot in question is located at 43 North River Lake Road, identified as Tax Map 1 Lot 38, and is owned by Paul & Debra Wallace.
Mr. Naleid explained that he was representing the Wallace’s’ in this case. The Wallaces were not present. He gave a brief explanation of the whole project, noting it was an old camp that will be torn down and rebuilt (as a traditional farm house style) and where the need for the area variances are. He explained that this was a preexisting non conforming lot that should meet 20’ setbacks. He also explained that the project was in the process of getting approval for the Comprehensive Shoreline Protection Act (SPA). The Board and Mr. Naleid reviewed the 11” x 17” set of plans noting where the building, septic and wells are being proposed and how much they go into the required 20’ setbacks. He noted it was a challenge to balance the SPA requirements that want to push everything away from
the lake and still meet all of the Town requirements. The shortest distance from the front lot line is 16’ from the deck. He noted the unique shape of the lot and that the lot lines are not parallel to the house. He also noted that the owners have purchased the adjacent lot in order to improve the conditions of the original lot and that newly purchased lot would remain unaltered.
Mr. Naleid also noted that the owners had also unsuccessfully tried to pursue a lot line adjustment, on the other side, but the abutters were not interested as it would then require them to seek a variance when they are ready to build. The State approvals are not completed but are in process. There is a State approved 2 bedroom septic system already on the property.
It was noted that there were no abutters present from Nottingham or Northwood. They briefly discussed some of the requirements of SPC; like the reclaiming of the old driveway to loam and seed.
The Board reviewed the sizes and heights of the proposed home and the access to the property. Mr. Naleid also noted that the access is noted in the deed. Mr. Naleid also informed the Board that the Town of Northwood’s Assistant Building Inspector has sent a letter stating that since 99% of the home is in Nottingham it would be logical that the Nottingham Building Inspector do all the required inspections.
The Board discussed that North River Lake Road is a private road with emergency road status. They also viewed a photo/sketch of the proposed home and discussed it’s positioning on the lot and view from the lake.
They discussed the well location noting it was part of the approximately 5 year old State approved septic plan. Mr. John Morin noted that the Board should only be considering the setbacks on the application.
There was a discussion on how to word the motion and what the Board is willing to approve. They reviewed the 5 criteria on the application noting that members agreeing that all criteria were met except when Mr. John Morin didn’t believe that the applicant had met the third criteria; that denial of the variance would result in an unnecessary hardship to the owner. Mr. Morin noted that these plans were just plans and they could be changed and the building is not built yet. Mr. Naleid noted that they are trying to meet the SPA 80’ setback and still have a reasonable size for a home still meeting all the building codes as well.
MOTION by Mr. Crowell to approve plan (dated February 24, 2010) as submitted for Case 10-01-AV, Application from Curt Naleid for an area variance to Article VI Section A-2, to allow no less than 16’ setback for building/porch, conditional on the Comprehensive Shoreline Protection Act approval and the building permit shall be applied for within one year of approval. The lot in question is located at 43 North River Lake Road, identified as Tax Map 1 Lot 38, and is owned by Paul & Debra Wallace.
SECOND by Mr. Danais
VOTE 4-Aye. 1- Opposed – 0-Abstained MOTION PASSED
It was noted that there is a 30 day appeal process. Mr. Naleid thanked the Board.
Approval of Minutes
December 1, 2009
MOTION by Mr. John Morin to approve the minutes of December 1, 2009 as written
SECOND by Mr. Danais
VOTE 5- Aye. 0- Opposed –0-Abstained MOTION PASSED
Other Business
Mr. Jim Hadley, Chair of the Neighborhood Guardians asked to address the Board and handed out a copy of “What do you do when they stop building?” a lecture by Attorney David R Connell from Local Government Center and a copy of a letter from May 4, 2001 from ZBA <then> Chair Joseph Walsh in regards to a Special Exception granted to Map 3 Lot 10 <USA Springs>. He had noted that the recent petition warrant article that limits the terms of a Special Exception to two years had passed by voters by over 70% in March. He asked that the Board not let this fall through the cracks and follows this new ordinance.
Mr. Crowell noted that it is the duty of this Board to do so but enforcement of the Ordinances falls to the Board of Selectmen and the Code Enforcement Administrator. Chair Russo noted that this Board has recently been stricter by restricting them to one year, instead of the newly required two years. It was noted that this Board has no enforcement authority.
Mr. John Morin stated that he believes that this Board’s duty, as an elected official, is to interpret the Town’s Zoning Ordinances on a case by case basis. There was a brief discussion on how the new Zoning Ordinance is for having the 2 year limits once a project is started and how much work constitutes having it started. Chair Russo assured Mr. Hadley that the Board will follow the new Ordinance and has actually been stricter.
Election of Officers
MOTION by Mr. John Morin to keep the officers the same as last year. Mr. Russo Chair and John Morin as Vice Chair and no one as Clerk.
SECOND by Mr. Danais
VOTE 5- Aye. 0- Opposed – 0-Abstained MOTION PASSED
Annual Review of the Bylaws
The Board reviewed the bylaws and had no changes or additions.
MOTION by Mr. Danais to approve the bylaws
SECOND by Mr. Crowell
VOTE 5- Aye. 0- Opposed – 0-Abstained MOTION PASSED
Mr. John Morin briefly discussed his views on variances for setbacks in past cases before the Board. It was noted that each case is judged on a case by case basis.
MOTION by Mr. Russo to adjourn the meeting.
SECOND by Mr. John Morin
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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