NOTTINGHAM ZONING BOARD OF ADJUSTMENT
July 12, 2011
PUBLIC SESSION
Approved & Amended
PRESENT: ABSENT:
Terry Bonser Mike Russo, Chair
Romeo Danais Jim Crowell, Alternate
Bonnie Winona Kevin Bassett, Alternate
Peter Landry, Vice Chair
OTHERS PRESENT:
Ms. Lisa Sears, Land Use Clerk,
Mr. Landry, Vice Chair called the meeting to order at 7:02pm. Mr. Landry ran the meeting in the absence of Chair Russo. Mr. Landry reviewed the procedure for the night and before he called the case he acknowledged that although he did not know the applicant he had advised the applicant’s builder on which sections of the Zoning Ordinance to apply for. Mr. Landry stated that he did so in the capacity as a Zoning Board member and didn’t believe that it would influence his ability to hear the case. There were no objections.
The Board discussed both cases together as it was the same applicant and project.
Case 11-04-V Application from Stephen and Catherine Burnett for a Variance to Article III Section B.2, to build a two car garage at 20’ from poorly drained hydric B soils, when 50’ is the standard. The lot in question is located at 120 Cooper Hill Road, identified as Tax Map 1 Lot 69-a, and is owned by Stephen & Catherine Burnett.
Case 11-05-SE Application from Stephen and Catherine Burnett for a Special Exception to Article II Section C.2, to build a two car garage at 20’ from the property line when 50’ is the standard. The lot in question is located at 120 Cooper Hill Road, identified as Tax Map 1 Lot 69-a, and is owned by Stephen & Catherine Burnett
Mr. Burnett explained that the need to come before the Board was to allow the 2 car garage to go in a location that he believes is the best location; practically and aesthetically. He explained that to bring it closer to the house (with or without an attached breeze way) would block access to the backyard and their well and it would also create an undesirable “alley” effect due to a railroad tie retaining wall for the front yard/septic system. He also noted if they ever needed access to the septic system it would be costly to do due to the tight position or that “alley”. He also explained the grade of the yard, noting that there is a steep slope just behind the end of the driveway and therefore would not be a good location for the proposed garage either due to severe slopes, erosion and higher
construction costs. Mr. Burnett also added that he will be moving a tree but would not be cutting down any trees for the project.
Mr. Landry touched on the concept of a wetlands buffer and suggested that the applicant could be required to control the water flow from the proposed garage with the addition of gutters to direct the additional runoff from the wetlands.
Point of Order: Mrs. Sears left the meeting to provide the Board with Fact Sheets for their decision. The Board reviewed the Criteria in detail for the Variance and Special Exception at that time.
Upon the Board completing their Fact Sheets, Mrs. Sears confirmed that the Board agreed not to charge the applicant for the additional application fee and abutters’ fee. Mrs. Sears will confirm the additional costs to the longer ad placed in the Foster’s Daily Democrat.
MOTION by Mr. Danais to have the applicant pay the additional cost for the ad notice in the Foster’s Daily Democrat; noting the applicant already paid $75.
SECOND by Ms. Winona
VOTE 4- Aye. 0- Opposed – 0-Abstained MOTION PASSED
MOTION by Ms. Winona to grant Case 11-04-V (Tax Map 1 Lot 69-a) for the Variance to Article III Section B.2, to build a two car garage at 20’ from poorly drained hydric B soils, when 50’ is the standard with the following conditions:
1.) The 20’ Wetlands buffer not be disturbed
2.) The applicant will use gutters to redirect water flow away from the wetlands
3.) The project starts within one year of the granting of this variance.
SECOND by Mr. Danais
Mr. Bonser stated that he did not see a need to require the gutters.
VOTE 4- Aye. 0- Opposed – 0-Abstained MOTION PASSED
MOTION by Mr. Bonser to grant Case 11-05-SE (Tax Map 1 Lot 69-a) the Special Exception to build a two car garage at 20’ from the property line when 50’ is the standard.
SECOND by Ms. Winona
VOTE 4- Aye. 0- Opposed – 0-Abstained MOTION PASSED
Mr. Landry explained the 30 Day appeal process. Mr. Burnett thanked the Board. Mr. Burnett will follow up with Mrs. Sears to pay what the additional costs for the ad.
MOTION by Mr. Danais to table the minutes of May 10, 2011 & May 18, 2011
SECOND by Mr. Bonser
VOTE 4- Aye. 0- Opposed – 0-Abstained MOTION PASSED
Invoice
The Board reviewed and discussed the invoice from counsel.
MOTION by Ms. Winona to pay the ZBA portion of the attorney’s invoice for $715.00.
SECOND by Mr. Bonser
VOTE 3- Aye. 0- Opposed – 1-Abstained MOTION PASSED
Mr. Landry noted that he abstained from that vote.
MOTION by Mr. Danais to adjourn the meeting at 8:00pm.
SECOND by Ms. Winonna
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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