NOTTINGHAM ZONING BOARD OF ADJUSTMENT MINUTES
FEBRUARY 21, 2006
PUBLIC SESSION
APPROVED BY THE BOARD APRIL 25, 2006
PRESENT: ABSENT:
Mr. Doug Leib, Chair
Mr. Kevin Bassett
Mr. Earl Rourke
Mr. John Morin
Mr. Kevin Jordan
Mr. Jim Crowell, Alternate
Mr. Jim Howard, Alternate
OTHERS PRESENT:
Ms. Kelly Tivnan, ZBA Secretary
Mr. David Wright, Economic Development Director
Ms. Sandra Jones, Applicant
Mr. Michael Koester, Abutter
CASE 06-02:
Mr. Leib explained the process of a hearing by the Zoning Board of Adjustment. Ms. Jones explained her plot of land and she said that her husband's son wanted to move closer to them. She said that the back half of her lot was wide open and she explained where the location of her driveway was. She explained where she envisioned the line between their property and that of her husband's son. She said that she wanted to give her and her husband two acres and she wanted to give his son a little more than 2 acres. Mr. Leib asked when the home where Ms. Jones lived was built. Ms. Jones said her home was built in 1983. Mr. Leib asked how far the Keoster's home was from the property line. Mr. Koester said that he would estimate his home was about 100 yards from the property line. Ms. Jones said
that there were woods which protected the two properties. Mr. Jordan asked if the land was steep. Ms. Jones said no. She explained the topography of her land and she explained the options for where her husband's son could build. Mr. Jordan clarified that the son would get two acres or more and not less. Ms. Jones agreed. She said that she would hire a surveyor who was familiar with Nottingham. Mr. Leib asked if there was wetland on Ms. Jones property. Mr. Jordan said no. Ms. Jones said that there was only a tiny amount of wet area on her land. Mr. Leib asked if there would be a shared driveway. Ms. Jones said maybe. She said that she would like to use the existing driveway and do an easement on the property to extend the driveway into the son's property. Mr. Rourke said that the curb cut for the driveways needed to be on the road. Mr. Jordan asked if the driveway was paved beyond Ms. Jones house. Ms. Jones said no but she said that the area was well used and they
could pave it. Mr. Wright said that the Planning Board could make a condition on the plan stating that when the property was sold outside the family there would not be a shared driveway. Mr. Koester said that he was in support of Ms. Jones proposal. He said that he did not have any objections and he thought that Ms. Jones presented a reasonable plan. Mr. Rourke said that the more frontage the better for a back lot subdivision. Mr. Leib said that the ZBA had never really resolved the definition of a shared driveway. He said that the Planning Board would make the decision on whether the shared driveway was allowed.
Mr. Leib noted that the application had to meet 5 requirements in order to be granted. He said that there could be no decrease in the value of the surrounding property. Ms. Jones said that there would not be. Mr. Leib said that the proposal could not be contrary to the public interest. Mr. Jordan said that this proposal would not cause crowding. Ms. Jones said that the homes would not be able to see each other. Mr. Leib said that not granting this would have to cause unnecessary hardship. Mr. Morin said that if the ZBA did not grant this the family could not live close to each other. Ms. Jones said that everyone was getting older. Mr. Leib noted that there had to be special conditions of the property. He said that in this case there were. He said that this had to be something
that the applicant could not get through another method. He said that was also true. He said that substantial justice needed to be done by the granting of this application. Mr. Jordan said that substantial justice would be done here. Ms. Jones said that this was a family decision and she and her husband would not do this if family was not going to live on the lot they were creating. Mr. Leib said that this could not be contrary to the ordinance. He said that it was not and the other Board members agreed. Mr. Rourke said that he did not have any objections to this application.
Mr. Rourke made a motion that the application of Sandra Jones and James Goodwin be approved. Mr. Morin seconded the motion.
Mr. Rourke asked if Ms. Jones would do this soon. Ms. Jones said that they would not be doing it right away.
The ZBA voted unanimously in favor of the motion. The motion passed 5-0.
NEIGHBORHOOD GUARDIANS:
At 7:30pm Mr. Leib said that the ZBA needed to talk about the Neighborhood Guardians re-appeal. He said that they had re-appealed on the grounds that the ZBA did not have a public hearing within 30 days of their original appeal. He read a letter out loud that the ZBA had previously received from the town attorney. He noted that was the opinion of the attorney. Mr. Jordan explained for people that had not been present what had happened previously with the Neighborhood Guardians. Mr. Rourke said that this appeal did not contain anything new.
Mr. Rourke made a motion that the ZBA deny to hear the re-appeal on the advice of their counsel. Mr. Morin seconded the motion.
Mr. Jordan said that the ZBA wanted it known that they did not feel there were grounds to rehear this case. He said that the ZBA and the attorney were on the same page.
The ZBA voted unanimously in favor of the motion. The motion passed 5-0.
MINUTES:
Mr. Jordan made a motion that the ZBA approve the minutes from their meeting on February 7, 2006. Mr. Morin seconded the motion. Mr. Jordan, Mr. Morin, Mr. Leib and Mr. Rourke voted in favor of the motion. Mr. Bassett abstained from the motion. The motion passed 4-0 with 1 abstention.
BY-LAWS:
Mr. Leib went over the proposed changes to the Zoning Ordinance By-Laws.
Mr. Bassett made a motion to adjourn the meeting at 8:00pm. Mr. Jordan seconded the motion. The ZBA voted unanimously in favor of the motion. The motion passed 5-0.
Respectfully submitted,
Kelly Tivnan
ZBA Secretary
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